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

Vol. 143 WASHINGTON, WEDNESDAY, OCTOBER 29, 1997 No. 148 House of Representatives The House met at 10 a.m. MESSAGE FROM THE SENATE Mr. FAZIO of California. Mr. Speak- The Chaplain, Reverend James David A message from the Senate by Mr. er, let me begin by expressing the deep Ford, D.D., offered the following Lundregan, one of its clerks, an- appreciation of all those assembled for prayer: nounced that the Senate agrees to the the eloquent prayer offered by our In all the moments of life or death we report of the committee of conference Chaplain, Jim Ford, who is not only a are grateful, Almighty God, that Your on the disagreeing votes of the two great leader in times of distress but in Spirit is with us to give strength when Houses on the amendments of the Sen- this case a close personal friend of the we are weak, to nurture us along life’s ate to the bill (H.R. 2107) ‘‘An Act mak- deceased, our friend, WALTER CAPPS. I hope we have an opportunity today way, and to sustain us with the prom- ing appropriations for the Department and later this week to have many ise of everlasting life. of the Interior and related agencies for We remember with gratitude and love Members come to the floor to express the fiscal year ending September 30, our friend and colleague, WALTER their strong feelings about WALTER 1998, and for other purposes.’’. CAPPS, a Member of this assembly, who CAPPS. There is much good to remem- died last night. We recall his winsome f ber, even though his time with us was presence and his abiding confidence in EXPRESSING SORROW OF THE rather brief. We have yet to even reach the goals of justice for every person, of HOUSE AT THE DEATH OF HON. the anniversary of his election, and ob- equality in the eyes of government, WALTER H. CAPPS, REPRESENT- viously he did not serve the entire first and of understanding and unity be- ATIVE FROM THE STATE OF year of his term. But WALTER CAPPS tween people of differing traditions and CALIFORNIA had made an impact here because of his backgrounds. Our prayers reach out to wisdom, his maturity, his sense of pro- Mr. FAZIO of California. Mr. Speak- portion, and his bipartisan goodwill. his family and those near and dear to er, I offer a privileged resolution (H. him, that they will be supported by A professor from the University of Res. 286) and ask for its immediate con- California at Santa Barbara for over 30 Your perfect grace, O God, and sus- sideration. tained by Your love and care. years, he came here and quickly devel- The SPEAKER pro tempore (Mr. oped the ability of a pragmatic and ef- Remind us, O God, of those concerns HOBSON). The Clerk will report the res- that were close to his heart, and bring fective politician and public servant, olution. without losing the perspective of some- us together in greater understanding The Clerk read as follows: until we meet again. ‘‘So teach us to one who had spent his life studying re- number our days that we may gain a H. RES. 286 ligion and its effect on the human soul. heart of wisdom’’ (Psalm 90:12). Amen. Resolved, That the House has heard with He was truly ecumenical in his ability profound sorrow of the death of the Honor- to communicate between religions and f able WALTER H. CAPPS, a Representative here across party lines. THE JOURNAL from the State of California. WALTER CAPPS is the kind of individ- Resolved, That a committee of such Mem- ual who rarely comes our way. It is ob- The SPEAKER. The Chair has exam- bers of the House as the Speaker may des- ined the Journal of the last day’s pro- ignate, together with such Members of the viously a great loss when we have ceedings and announces to the House Senate as may be joined, be appointed to at- failed to get from his public service the his approval thereof. tend the funeral. benefits that we could have easily an- Pursuant to clause 1, rule I, the Jour- Resolved, That the Sergeant at Arms of the ticipated. nal stands approved. House be authorized and directed to take His wife, Lois, is here today, as she such steps as may be necessary for carrying has been with him, inseparable from f out the provisions of these resolutions and the moment he began his quest for PLEDGE OF ALLEGIANCE that the necessary expenses in connection Congress in 1994. We offer her our great therewith be paid out of the contingent fund condolence and sympathy and support, The SPEAKER. Will the gentleman of the House. from New York [Mr. MCNULTY] come Resolved, That the Clerk communicate and hope that their three children, forward and lead the House in the these resolutions to the Senate and transmit Lisa, Todd, and Laura, as well as their Pledge of Allegiance. a copy thereof to the family of the deceased. grandson, David, will be held in the Mr. MCNULTY led the Pledge of Alle- Resolved, That when the House adjourns hearts of all those who, in the next giance as follows: today, it adjourn as a further mark of re- week particularly, will be praying for spect to the memory of the deceased. I pledge allegiance to the Flag of the Unit- the Capps family. ed States of America, and to the Republic for The SPEAKER pro tempore. The gen- Mr. Speaker, I yield such time as he which it stands, one nation under God, indi- tleman from California [Mr. FAZIO] is may consume to the gentleman from visible, with liberty and justice for all. recognized for 1 hour. Missouri [Mr. GEPHARDT], our leader.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H9617 H9618 CONGRESSIONAL RECORD — HOUSE October 29, 1997

b 1015 We who hold elective office are often news last night from my friend HOWARD Mr. GEPHARDT. Mr. Speaker, this is viewed as cynical manipulators of pub- BERMAN of WALTER’s sudden passing, I a particularly difficult day for all of us lic opinion or as slaves to it. We are de- was struck first with how horrible, how who loved WALTER CAPPS and his fam- picted as knowing more or caring more horrible it is to hear of someone who is ily. It was only last week that I was about politics than we do about sub- so young, who is just beginning what able to meet with WALTER and many of stance. You can say what you will obviously is a new chapter in his life. his constituents who had come to about most of us, but you cannot say He has only had the opportunity to Washington to be with him and to all of us, because for a short time we serve here for 10 months. Then I began learn from him. On this particular day, served in this House with WALTER to think about how WALTER CAPPS was WALTER was in his usual optimistic, CAPPS, and he is everything you want clearly the nicest Member of Congress positive, idealistic frame of mind about us to be. He was the best of us. He will I have ever met. Some Members of Con- his district, about America and about be missed. gress are not very nice, but there are a the public service that he was so well Mr. FAZIO of California. Mr. Speak- lot of nice people. But I cannot think giving for the people of his district. er, I yield 1 minute to the gentleman of anyone who was nicer than WALTER. I have never met someone in public from California [Mr. GALLEGLY], an- I also found him, surprisingly to life who was so grounded in their be- other representative of the south coast many maybe on this side of the aisle, liefs, their morals, ethics, in his reli- of California. to be very reasonable. When I sat down gion, his belief in religion, his belief in Mr. GALLEGLY. I thank the gen- with him and began talking about the how America and how public service tleman for yielding me this time. Mr. need to reduce the top rate on capital could be better. He served his constitu- Speaker, I would like to pay tribute to gains, I was stunned when WALTER said ents as faithfully as anyone I have ever my friend, WALTER CAPPS. He will be to me, ‘‘DAVID, I want to cosponsor known. He went back to California missed not only by those he rep- your bill.’’ I thought, wow, here is a every weekend. He was on the plane resented but by those of us who had the guy who really is thinking deeply and was working for his constituents, opportunity to work with WALTER. about a lot of issues and is not having meeting with them in the district, hav- WALTER and I did not always see eye to a knee-jerk response to every single ing meetings, listening to them, trying eye on every issue, but he always re- thing which many people had cat- to understand their needs, trying to mained true to his beliefs and prin- egorized, some, as his having done. I understand their concerns. ciples. His intense spirituality and will say that I will miss him greatly. It is almost impossible to understand dedication to his community and coun- He was a true friend to many of us. how someone so young and someone so try will always be an inspiration to That kind of levelheaded thinking is talented, someone so committed, some- those of us that had the opportunity to needed more in this institution. one so idealistic could be taken from us serve with WALTER. Our thoughts and Mr. FAZIO of California. Mr. Speak- before a year of his service had even prayers go out to Lois, Lisa, Todd, and er, I yield 1 minute to the gentleman transpired. I guess the only thing we Laura today. WALTER will be missed. from California [Mr. BERMAN]. can do to understand it is to be thank- WALTER was my friend. Mr. BERMAN. Mr. Speaker, I am still ful that he had the 10 months that he Mr. FAZIO of California. Mr. Speak- shaken by the news of the passing of had in the House of Representatives. I er, I yield 1 minute to the gentleman our colleague, the arbitrariness of it can say without qualification that in from Texas [Mr. TURNER]. all, and almost the whimsical nature those short 10 months, he did as much Mr. TURNER. Mr. Speaker, as a that someone so vibrant and so healthy as anyone has ever done here to con- Member of the freshman class of this could all of a sudden be gone. I think tribute to his fellow Members and to Congress, it certainly saddens each of WALTER had something very instruc- represent his constituents faithfully us to have lost one of our own, WALTER tive for the rest of us. I remember first and honestly and with great skill. CAPPS. WALTER was a deeply spiritual We will miss him very much. He is ir- hearing about WALTER from a friend of replaceable for his constituents and for man, a man who thought deep mine, a former legislator from the all of us. We grieve with his family, his thoughts, a man who represented his area, Gary Hart, who told me about his wonderful wife Lois who is here, we district well and always had a quick background. I thought, how does some- grieve with his children, and we grieve smile for each of us as we passed his body with this background and this with all of his constituents. We know way. perspective win a tough election? One Lois, we join you this morning in that America and the House of Rep- message of WALTER’s life is that one resentatives has been a far, far better your grieving, and Lisa and Todd and does not have to trim his sails, one Laura. We saw you many times, Lois, place because WALTER CAPPS was here. does not have to compromise his fun- Mr. FAZIO of California. Mr. Speak- walking hand in hand with WALTER damental principles to win a tough er, I yield 2 minutes to the gentleman across the Capitol grounds, and you election, that he goes out there and from California [Mr. SHERMAN], a joined him on many occasions for says what he thinks and convinces peo- neighbor of Mr. CAPPS’ district. events and committee meetings. We ple of the wisdom of his ideas and the Mr. SHERMAN. Mr. Speaker, yester- know that you will miss him deeply, as principle and depth of his conviction, day this country lost a leader of depth we will. He was a great American, a and he can be successful in the politi- and integrity. Yesterday, we in this great husband, a great father, and a cal process. House lost one of our own. Yesterday I great friend to all of us who had the Another thing WALTER meant for me lost a role model and a friend. And yes- time and chance to know him for these was sort of the serenity in the midst of terday Lois and Lisa, Todd, and Laura brief few months we served together. all the frenetic behavior that exists in lost a husband and a father. WALTER We will miss WALTER CAPPS. The peo- this business and in this Chamber, that CAPPS was the professor that we called ple of this country will miss WALTER. this was somebody who could maintain a freshman. Most of us come to Con- He represented the very best that we his serenity and his perspective and his gress hoping that we will make a con- can offer. fundamental calmness in the midst of tribution of which we can be proud. Mr. FAZIO of California. Mr. Speak- all of that and analyze and judge and WALTER CAPPS came here having al- er, I yield 1 minute to the gentleman make decisions sort of as if he were al- ready done more than most of us can from California [Mr. DREIER]. most apart from all of that frenzy that hope to do. Like many freshmen, I Mr. DREIER. Mr. Speaker, I thank goes on here. came here and I often seek advice. my friend for yielding me this time. I Lois, you and the children perhaps When I wanted to know what was the would like to join with my colleagues more than anybody have the ability to smart political move, I never called on in extending our condolences to Lois continue WALTER’s legacy in whatever WALTER. But when I sought wisdom and Lisa and Todd and Laura. I would you choose to do. I know you will miss and thoughtfulness and a way of look- like to say as a Californian that I have him greatly. We all will. Our thoughts ing at things that is different from to- had the privilege of serving in this are with you. day’s headlines or yesterday’s poll body for, this is my 17th year. I have Mr. FAZIO of California. Mr. Speak- questions, I sought out WALTER CAPPS, known more than a couple of people er, I yield 1 minute to the gentleman and he was always there. who have served here. When I heard the from Florida [Mr. SCARBOROUGH]. October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9619 Mr. SCARBOROUGH. Mr. Speaker, I derstand it from an ethical and from a Mr. FAZIO of California. Mr. Speak- would like to echo the sentiments of value system basis. As a result of that, er, I yield 1 minute to the gentleman what some of the other people have he would have added greatly over the from California, [Mr. FILNER]. said today. Mr. CAPPS certainly led a years to this institution and to this Mr. FILNER. Mr. Speaker, I rise as a very active life, a successful life as a country. fellow Congressman and a fellow pro- professor. He went to divinity school at I have to say that my friend, BRAD fessor of humanities, not to mourn Yale. He was a trend-setter. He was the SHERMAN, a freshman Member of Con- WALTER CAPPS, but to remember him. first person to teach a course on the gress, referred to WALTER just a few In many ways, a lot of us thought Vietnam war. He wrote 14 books. moments ago as a mentor. I have been that WALTER seemed out of place here. In his short time here he introduced here for now 20 years. This is my 10th In a place that prided itself on action, legislation to help people with Lou term, and I also would regard WALTER WALTER was reflective; in a place that Gehrig’s disease; in an amendment to a CAPPS as my mentor, because he really prides itself on hardball, WALTER was foreign aid bill he advocated the pres- understood what our country was gentle; in a place that prides itself on ervation of Tibetan culture; he also in- about and certainly had the values in its magnetism, WALTER was moral and troduced an amendment with conserv- order to impart it upon all of us. ethical. In a place where supposedly ative CHRIS SMITH to the Foreign Pol- I give my deepest sympathies to Lois nice guys finish last, WALTER was nice. icy Reform Act to eliminate restric- and the three children. I think all of Yes, he was out of place here, but tions on United States expansion in us, including myself, the people of the even in his short time, he made this a Vietnam. But more importantly than State of California, and the people of better place. His own example did that. that was really what he taught us on a this Nation, will greatly miss WALTER, Lois, we loved him; we love you. We personal level. I know I worked with but we have actually gained so much will miss him. him on an issue regarding human by his 63 years on this Earth. Mr. FAZIO of California. Mr. Speak- rights in the Sudan, but also talking Mr. FAZIO of California. Mr. Speak- er, I yield 1 minute to the gentleman about serenity in the face of adversity, er, I yield 1 minute to the gentleman from California [Mr. WAXMAN]. reading about his response after the from Wisconsin [Mr. SENSENBRENNER]. Mr. WAXMAN. Mr. Speaker, I thank car accident that almost killed him. He Mr. SENSENBRENNER. Mr. Speak- the gentleman for yielding time to me. came out of that positively and he said, er, I thank the gentleman for yielding Mr. Speaker, I want to join in ex- ‘‘I would never wish for a car accident me time. pressing my shock and grief at the loss like this. But I have learned from it. Mr. Speaker, I rise to pay tribute to of our friend and colleague, WALTER Love and caring for one another is WALTER CAPPS as well. Congressman CAPPS. When we think of WALTER what is at the core of what links us.’’ CAPPS served on the Committee on CAPPS, the overwhelming aura of the Talking about the House, he said he Science for the last 10 months, and I man is the fundamental decency of wanted to promote conciliation in the got to know the quality of this individ- him. In his life and in his death, he re- House and was put off by partisan con- ual during our rather lengthy meetings minds us of those things that we value frontations on procedure. ‘‘In the world in an attempt, successfully, to achieve most; honesty, friendship, loyalty, ci- I came from, the world of religion, peo- bipartisan policy to advance the cause vility, and an unwavering dedication to ple don’t worry about procedure. They of science and education. the public good. just give you the high ideals. The ques- Mr. CAPPS was a tremendous asset to On a recent flight back to California tion is, what will I do? Am I being true the committee, not only because of his we were sitting next to each other. We to who I am? If I go this way, will I ethical principles, but also because of got on to the topic of religion, in which have violated anything that is essen- his background in education and know- both of us having a great deal of inter- tially human?’’ That is a question ing what works in the educational est in it. It was right before the Jewish today that I think we can all ask our- arena and what does not. holidays. We were talking about how selves. I certainly hope that as a father But I think the true mark of this important it is for people to know they I can be that type of example to my man was a conversation that I had with have control over themselves and a young boys. him about 4 months ago after a very higher power willing to help them I can tell you, I and everybody else long, productive and bipartisan session along. was very moved by his relationship in the Committee on Science, where he I wished he had been here longer and with his wife. Seeing you two walking told me that he was so pleased with been able to serve in the House of Rep- around hand in hand on the weekends I seeing how Congress should work actu- resentatives and his district for a think was an example for a lot of us. I ally working out. longer time, but his legacy will live on certainly agree with the rest of the After our session in the Committee in the lives of the thousands of stu- men and women here that he certainly on Science was over with, he said he dents that he touched so deeply. will be missed. He was a great example was invited to participate in a meeting I want to join my colleagues and the while in his 10 months here in the by some people on the Democratic side whole House of Representatives on this House. of the aisle who were not quite as bi- very sad day in expressing our condo- partisan in outlook as Mr. CAPPS was, lences to his family. He will be sorely b 1030 and the Committee on Science has missed. Mr. FAZIO of California. Mr. Speak- been. And he said, ‘‘You know, after Mr. FAZIO of California. Mr. Speak- er, I yield 1 minute to the gentleman seeing how productive the Science er, I yield 1 minute the to the gentle- from California [Mr. MATSUI]. Committee was working on a biparti- woman from Texas [Ms. JACKSON-LEE]. Mr. MATSUI. Mr. Speaker, I thank san basis, I just could not attend the (Ms. JACKSON-LEE of Texas asked the gentleman from California for meeting to try to disrupt the oper- and was given permission to revise and yielding me time. ations of the House.’’ extend her remarks.) I think WALTER’s election last No- WALTER CAPPS was one of the most Ms. JACKSON-LEE of Texas. Mr. vember is a good indication that the principled people I have ever met, and Speaker, a headline this morning read, system of America works and that a this House and this country has really ‘‘A California Congressman dies after gentle person can win an election in suffered a great loss with his passing. being stricken at an airport.’’ I think this country, in spite of all of the kind Mr. FAZIO of California. Mr. Speak- the headline should be, ‘‘A great Amer- of rhetoric we have been seeing over er, I yield 30 seconds to the gentle- ican dies while in the service of his the years. I think the one regret many woman from Colorado [Ms. DEGETTE]. country.’’ of us in this Chamber have today is the Ms. DEGETTE. Mr. Speaker, WALTER Representative WALTER HOLDEN fact that the American public will not CAPPS had a keen intellect. He had a CAPPS was a professor of religion, but get to know WALTER CAPPS better, as kind heart, and, most of all, he had a he was a spiritual person with a great many of us in this Chamber have got- gentle soul. I know we will all miss love for his Nation. I enjoyed talking ten to know him. WALTER. But for me, my service in to Congressman CAPPS on the floor of He was one individual that when he Congress will never be exactly the the House, because his analytical mind confronted an issue, he could really un- same, because WALTER was my friend. and his sensitivity always shed the H9620 CONGRESSIONAL RECORD — HOUSE October 29, 1997 kind of light that we should have in we are out of place in the House of Rep- joyful, because he never wasted a mo- coming together on these very impor- resentatives. WALTER CAPPS was reflec- ment. He was true to himself; he was tant issues. tive upon the decisions that Members true to his heart. I think probably the He was the first Democrat elected in of this body were entrusted to make. worst thing in life is to feel like you his district since World War II, but he He was a minister. He led a complete live life and did not live it honestly. came here with a sense of commitment life: His outward reach and concern for b 1045 to his constituents, and he exuded love God, something bigger than himself; One thing about WALTER is he lived toward his fellow Members. ideals that were bigger than himself; his life honestly. He loved, as I heard He was a religious professor, but he his concern for humanity. That is why had a great curiosity about science, some of my colleagues, he loved people. he ran for Congress and won and rep- I was really fortunate to have been and I enjoyed serving with him on the resented people other than himself. But able to go with him and do a few politi- Committee on Science. He held a doc- also his concern, which was healthy for cal events in his district, and accom- torate from Yale University and he himself, his wife, and his children. pany Lois. I think that he loved Lois so shared his knowledge through 14 books, We will miss WALTER CAPPS, not be- much. I just cannot recall all the but he taught his students for 33 years. cause of the short amount of time that times, and I know my colleagues have When he ran in 1996, he was in a ter- he spent in the House of Representa- said it, when we walked out the door at rible car accident, but he came back tives, but because of the amount of the end of votes, and Lois, you were al- and he won. He perservered. time that he spent and the quality of ways there waiting for him. What a We will miss WALTER CAPPS. I would that time, Mr. Speaker. We give honor beautiful love you two had, and what a like to conclude by simply acknowledg- and praise to God for his time well love he had for his family. I think what ing the words of President Bill Clinton, served. a love he had for his country. that WALTER CAPPS was a rare soul, Mr. FAZIO of California. Mr. Speak- I think he was a truly great Amer- someone able to fuse intense spiritual- er, I yield 2 minutes to the gentle- ican, and this country has lost a really ity with a devotion to his community woman from Oregon [Ms. HOOLEY]. fine American. and country. He brought constant val- Ms. HOOLEY of Oregon. Mr. Speaker, Mr. FAZIO of California. Mr. Speak- ues, a rare perspective, and a sense of to Lois and her children, I offer my er, I yield 2 minutes to the gentleman moral grounding that public life too condolences. We all suffered a great from Texas [Mr. REYES]. often lacks, and we will sorely miss loss last night. WALTER was an abso- Mr. REYES. Mr. Speaker, I thank the him. lute joy to be around. He was a devoted gentleman for yielding me the time. God bless his family, God bless WAL- public servant and he was a good Mr. Speaker, today is a sad day for TER CAPPS, a great American, and God friend. those of us that knew WALTER CAPPS, bless America. The first time I met WALTER he but I am thankful to have had an op- Mr. FAZIO of California. Mr. Speak- talked about the car accident, in the portunity to know WALTER. I remain er, I yield 2 minutes to the gentleman middle of a campaign, and it was a seri- thankful for knowing Lois and Lisa, from Illinois [Mr. JACKSON]. ous car accident. I said, ‘‘Well, what and I look forward to meeting Todd (Mr. JACKSON of Illinois asked and did you do and how did you carry on?’’ and Laura as well. was given permission to revise and ex- He said, ‘‘Well, I wrote a book.’’ I said, But I will tell the Members, my dad tend his remarks.) ‘‘You wrote a book in the middle of a always used to tell us, when the good Mr. JACKSON of Illinois. Mr. Speak- campaign while you were recovering Lord brought you to this Earth, he er, let me first begin by giving honor from this accident?’’ He talked about brought you here with simply one thing, and that was a good name. He and praise to God for the life of WAL- that as the most normal thing in the always told us, never do anything to TER CAPPS. Many of us live our lives as world. I think to most of us, that was dishonor that name, because in the if life is certain and death is uncertain. rather surprising. final analysis when you leave this The reality is, life is uncertain and One of the things we will miss about Earth, you are going to take nothing death is certain. WALTER is the thoughtful way he ap- While many of us today have been except your name and your reputation. proached legislation and legislative Today, although it is a sad day for given 60 seconds to talk about the life problems. We will miss his absolute un- us, I think WALTER CAPPS has taken of our good friend, WALTER CAPPS, 60 wavering commitment to the people in with him not only a name that he car- seconds, 120 seconds, 180 seconds by no this country. We will miss his pleasant ried with honor, a name that he took means can express the depth of sorrow smile, his easygoing nature, his calm- with him with honor, but a gentleman of what this country and this House ness, and, most of all, his great sense of that really has redefined in this day has lost on this occasion. humor. and age what public service is all WALTER CAPPS could be seen in this Even though he was here only a short about. House not so much talking to most time, his spirit, his energy, and his I think it is important for all of us to Members of this body, but standing in commitment made a difference to all of look at WALTER CAPPS and say, we can the first three rows of this aisle on a us and to all of our lives. be that way. God put him here for a regular basis talking with Dr. Ford WALTER, we will miss you. reason. The reason was so we could about some of the great spiritual as Mr. FAZIO of California. Mr. Speak- have a standard. He set that standard well as philosophical differences that er, I yield 2 minutes to the gentleman for us. He may have been a freshman, exist within this House. from Rhode Island [Mr. KENNEDY]. but he was a giant in this House. I am Members of Congress from ages ago Mr. KENNEDY of Rhode Island. Mr. very proud to have known him. stood in the old House Chamber with- Speaker, I thank the gentleman for I am also proud to have had an oppor- out cameras, and above the Speaker’s yielding me time. tunity last week to have been at a chair is Clio there watching over the Mr. Speaker, in this House, where function that he was hosting for some work of Members of Congress as they power is sort of compared to who constituents of his from his district. I deliberated upon posterity of ideals of serves on what committees, who has am so thankful to God that I got an op- liberty for all people. more power, I think there was not any- portunity to say the things that I felt Today in the House of Representa- body in this House that was more pow- about him while he could still here tives there is no Clio over the Speak- erful than WALTER CAPPS. them on this Earth. Few of us here in er’s chair, as WALTER CAPPS would tell I guess at this time, when we have this House probably had that oppor- us; there are simply C–SPAN cameras. lost somebody, we think about how un- tunity, but I will forever be grateful. So Members of Congress come to the timely death is when it comes so early In finishing, my wife has a theory floor, not only as representatives of in someone’s life, like it did with WAL- that when God needs a new angel, he their district, but they come to this TER, and we think perhaps, how are we calls one of us from this Earth. God has floor in part as entertainers seeking re- living our lives? a great angel with him now. God bless election. Well, I can tell you, I know myself Lois, and Lisa, Todd, and Laura, be- No, WALTER CAPPS was not out of that as WALTER lived his life, that is cause through them, WALTER will place in the House of Representatives, the one thing that we can feel that was never die. October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9621 Mr. FAZIO of California. Mr. Speak- Lois for a little less than a year, I felt think some of us were even a little en- er, I yield 2 minutes to the gentleman as if I had known him my whole life, vious. WALTER knew who he was, he from Illinois [Mr. DAVIS]. because he was someone who I aspired knew what he believed, and he simply Mr. DAVIS of Illinois. Mr. Speaker, I to become, someone who loved and came here to do it. want to thank the gentleman from cared for his family very much, some- WALTER’s untimely passing is our California for yielding time to me. one who was a deep thinker, philo- loss. Above all, WALTER was a great Mr. Speaker, I first met WALTER sophically and theologically, someone teacher. We were just starting to learn when we were candidates and we were who had great respect for this institu- from WALTER. But in the short time waiting to make our television appear- tion, for the process of this great de- that he has been with us we have ance at the Democratic Convention, to mocracy of ours, but especially some- learned a lot, and certainly the influ- be made up. WALTER looked at me and one who had great respect and showed ence he has had on all of us, as law- said, I do not know if the makeup is great interest in the individuals who makers, as husbands, as fathers, as going to help you or not, but I do not make up this institution. citizens, will last for a very long time. think it is going to do much for me. So I will never forget, shortly after the Mr. FAZIO of California. Mr. Speak- WALTER had a great sense of humor, swearing in ceremony this year, I was er, I yield 2 minutes to the gentle- but also a great sense of sensitivity, al- sitting next to WALTER and we were woman from Connecticut [Mrs. KEN- ways talking about those things that talking about the future, and how he NELLY]. meant much. exuded this idealism and his respect for Mrs. KENNELLY of Connecticut. Mr. My best memory, fondest and per- this place, but also the responsibility Speaker, it is with great sadness that I haps last memory of WALTER was just that we all shared. join my colleagues here today to honor last week. We were walking over to But perhaps, most of all, and this was the life of Congressman WALTER CAPPS vote, and there was a young man with something you could see daily, was of California. In his year in the Con- him about 12 years old who was just as WALTER’s attempt to get to know all of gress of the United States of America, excited as he could be. WALTER intro- us on both sides of the aisle. We would he added immeasurably to the lives of duced him to me and said, this is the constantly see him seated next to those with whom he served. His chairman of my youth council. These someone, just talking to them, picking thoughtfulness, his eagerness to engage people are the future of America. their brains, getting to know them a in dialogue on both sides of the aisle, And I thought that that was just one little bit better. and his commitment to the idea that of the greatest ways to remember WAL- In this era of modern politics where well-meaning people can reason to- TER, always nurturing, always teach- so many of us are dedicated to destroy- gether was an inspiration and should ing, and always looking forward to to- ing one another, attacking each other’s be a model for all us. morrow. Yes, we shall, indeed, miss character, he tried to work from the I met WALTER CAPPS during the him. other point of view, to get to know one freshman orientation of the 105th Mr. FAZIO of California. Mr. Speak- another, realizing that ultimately only Congress’s new Members. He was er, I yield 2 minutes to the gentleman good things are accomplished when we thrilled to be here. Walter was a brave from Oregon [Mr. BLUMENAUER]. can work in a bipartisan fashion to- man. He had run for Congress once and Mr. BLUMENAUER. Mr. Speaker, gether, and in the best interests of this lost, and had the courage to run again. like many in this Chamber, yesterday country. He was delighted to be a Member of the evening I was struck with a sense of Lois, WALTER will be missed, but he Congress of the United States of Amer- unfairness and sadness, learning the will never be forgotten here. Rest in ica. He was gracious, incredibly gra- news of WALTER’s passing, somebody peace, my friend. cious as he introduced each and every who has worked so hard to get here. Mr. FAZIO of California. Mr. Speak- one of us to his wife, Lois. Yet, it seemed to me that WALTER er, I yield 2 minutes to the gentleman Most importantly, WALTER CAPPS would have us focus on what that year from Florida [Mr. DAVIS]. was a man who understood governance. meant, his passion for justice, his en- Mr. DAVIS of Florida. Mr. Speaker, He understood he was part of making thusiasm for what this body can mean. this morning is an opportunity to give our democratic system work. He came I do identify with the remarks of the thanks for the remarkable life of WAL- to Washington to make democracy gentlewoman from Texas [Ms. JACK- TER CAPPS, and an opportunity for us work. He wanted it to work for the SON-LEE], that he is, indeed, a role to reflect on some of the amazing char- country that he loved and respected. In model. I do not think he was out of acteristics of a very unique man. his year here he only enhanced that place here at all. I think it is for us to One of the things I will always re- democractic system he loved so much. reflect on the extent to which we meas- member about WALTER is just how in- Most importantly, WALTER CAPPS un- ure up to the ideal that he has estab- credibly strong-willed he was in a body derstood the relationship between this lished for us, being reflective, honest, of very strong-willed people. How else great country and religion. He under- thoughtful, and having the enthusiasm can you explain a man who, at not a stood that that wall between the U.S. for serving the people. I think his influ- terribly young age, invested the time Government and our houses of worship ence is going to be felt for as long as and energy he did in two campaigns, had to be an incredibly strong wall. any of us who served with him will con- including one while he was seriously That should be universally understood tinue in this Chamber. I hope that he injured, in the hospital. Yet one of the in this body, and if WALTER CAPPS had will accept the deepest sympathy for unique things about WALTER was, while reminded here, he would have been able his family and many friends from Or- he was so strong-willed, he was so in- to explain to every Member in this egon. We would like to thank them for credibly selfless. WALTER invested his body that they should not mix govern- sharing WALTER with us. will in a search for the truth. ment and religion. So that is one of the Mr. FAZIO of California. Mr. Speak- The other thing I will remember reasons, of the many reasons that I feel er, I yield 2 minutes to the gentleman about WALTER is his quiet strength. In so badly that WALTER has left us, be- from Wisconsin [Mr. KIND]. a place where there is a lot of noise and cause he could have led us in that dia- Mr. KIND. Mr. Speaker, I thank the hyperbole, WALTER lived as an example log. gentleman for yielding me the time. of the power of knowledge, a belief in In a way it is fitting that WALTER Mr. Speaker, we are gathered here the power of conviction, in the power CAPPS left us as he did, rushing back to today not to mourn the loss of our be- of belief. That is the way he went the Capitol to serve his constituents. loved friend, WALTER CAPPS, though about conducting his business. He did My thoughts are with his wife, Lois, mourn him we will and we must, but so in a way that set a very powerful ex- and with his children. I hope they will really to celebrate his life and the ef- ample for all of us. find comfort in the fact that this won- fect that he had on all of us here. The other thing I will remember derful man had such an impact on this I am a proud member of the freshman about WALTER is his incredible peace, body in 1 year. class who entered this Congress this his incredible stillness, to me a reflec- Mr. FAZIO of California. Mr. Speak- year with WALTER CAPPS. He made us tion of a very rich spiritual life and a er, I yield 2 minutes to the gentleman all better. Although I knew him and tremendous sense of self-knowledge. I from California [Mr. FARR], a friend of H9622 CONGRESSIONAL RECORD — HOUSE October 29, 1997

WALTER’s and his neighbor to the morning. There are so many common triotism, he certainly loved the Amer- north. themes and words that we are hearing ican flag and all that it stood for; rec- Mr. FARR of California. Mr. Speaker, from colleagues this morning about our ognize him as a teacher by profession I thank the gentleman for yielding me friend, WALTER CAPPS. His sense of and by his nature he taught us; and say the time. humor. His strength. His quietness. His to Lois, I hope that it is a comfort to Mr. Speaker, I guess we are all in caring. His dedication. you, Lois, to Lisa, to Todd and Laura, shock, considering that yesterday at He is a gentleman who worked very, that so many people mourn your loss, this time our colleague was en route to very hard on behalf of his constituents so many people recognize WALTER’s this very room, and today he is not and cared and was so proud of his won- worth. My hopes and prayers go out to with us. I do not know what we all derful family. My heart goes out to you and I join my colleagues in extend- have to say, except to reflect on the them as we grieve together and cele- ing the good wishes of the people of my fact that we serve in an institution brate having had the opportunity to district to your family and to WAL- that he campaigned to be here in a serve with him. TER’s constituents. He loved his family. style which is remarkable, because he Mr. FAZIO of California. Mr. Speak- He loved his constituents. He loved his comes here with such unusual gifts er, I yield 2 minutes to the gentle- country. that this institution needs. He has a woman from California [Ms. PELOSI]. Mr. FAZIO of California. Mr. Speak- doctorate. There are not many Mem- Ms. PELOSI. Mr. Speaker, I thank er, I yield 2 minutes to the gentleman the gentleman for yielding. It is with bers of Congress that have doctorates. from Georgia [Mr. LEWIS]. great sorrow that I join my colleagues b 1100 Mr. LEWIS of Georgia. Mr. Speaker, in observing the passing of our dear I rise to express my deep sense of loss He has written 14 books. Not many friend and colleague, WALTER CAPPS. It over the passing of a great Member of was like a chill wind coming through Members have written any. He was an this House, WALTER CAPPS from Santa incredible human being with just a this Chamber last night when the word Barbara. Very few of us have the oppor- family that is the envy of everyone. spread, the unbelievable word spread tunity to make a difference in the that WALTER had passed away. And I guess as the son of a politician, world. WALTER CAPPS was such a per- Mr. Speaker, my first reaction was it I rise sort of for Lisa and for Todd and son. cannot be true. After that, how unfair. Laura, who are his kids, who no longer Whenever I saw him, he shared a How unfair. WALTER was only here 1 have a father, and for Lois, his wife, great appreciation for the best our Na- year, but I thought back to his acci- who is just a remarkable woman. tion had to offer. He was a lover of the dent about 11⁄2 years ago and, as I I think his life teaches that we have principles of democracy. He cared deep- prayed and tried to understand why to take a look at this institution, at ly for the people he represented. WALTER would leave us, I thought per- the way we treat one another, the way I heard of WALTER’s accomplishment haps God decided at the time of the ac- we treat our radical schedule, and re- as a scholar, teacher, writer, and cident that WALTER would have 11⁄2 member that he represented on this thinker long before he came to Con- more years to live and that would be battlefield of this floor, a peacemaker. gress. When he came here in January of We need more peacemakers. And we his gift to his family and to this Con- gress and, therefore, to the country, this year, I wanted to meet him be- need to make sure that WALTER CAPPS, cause I knew he would add something because certainly, although WALTER who was a gift to this institution, shall different to this body. I knew that he not die in vain, that in his memory only served here 1 year, the quantity of time he spent here was not great, the was not a seasoned politician, but a this institution will better itself and deeply caring and sharing citizen of his that we will be more civil, that we will quality of the time he spent here was unsurpassed. He had a tremendous, as community. better treat our schedule and people I knew that WALTER loved ideas and who serve in public office. our colleagues have referenced, impact on this body, on our colleagues, by the that somehow his ideas would shape Because, Mr. Speaker, he is the one the laws we make and the destiny of who did not have to serve. He had a ca- dint of his personality. He was truly a gentle man. We call each other gen- our democracy. reer in education. He chose to come tleman, gentlewoman; this man was a Mr. Speaker, on several occasions I here, and that is the kind of people we gentle man. had an opportunity to talk with WAL- like to attract to this institution. But Mr. Speaker, I was recalling two TER on the floor, in the cloakroom, if we keep treating ourselves the way happy incidences, one in which WALTER walking across the lawn. Just last we have been, people like WALTER made others happy and one in which I Thursday we had an opportunity to CAPPS will not come to the U.S. Con- saw him enjoy himself within the past talk, and he was so pleased to intro- gress. Let us not let him die in vain. 2 weeks. The first incident was a while duce me to the grandson of Cesar Cha- Let us remember him, and to Lisa, ago during the campaign when my fam- vez. Todd, Laura and Lois, I am very, very ily and I were very honored to host a WALTER CAPPS was the personifica- sorry. reception for WALTER in our home. And tion of the best of human kind, and I Mr. FAZIO of California. Mr. Speak- after he spoke, the people who had think we all can learn from his exam- er, I yield 1 minute to the gentlewoman gathered there were so impressed, so ple. He was our colleague. He was my from Michigan [Ms. STABENOW]. inspired, so full of hope, that a person friend. He was my brother. Ms. STABENOW. Mr. Speaker, I rise of WALTER’S caliber and his back- To Lois, his wife, and to his family, as someone who is very sad to be join- ground and his commitment would be we mourn with you. And as Members, ing my colleagues today. At the same willing to endure the rough and tumble we are more than lucky we are blessed time, I am very proud to have entered of politics and try to come to Congress. we had an opportunity to know him. the Congress with WALTER CAPPS and In fact, the first response to his speech We will miss WALTER. to have served on the Committee on was tearful and joyful and then tre- Mr. FAZIO of California. Mr. Speak- Science with him. mendous applause. He made us happy er, I yield 30 seconds to the gentle- The Committee on Science is meet- and hopeful. woman from Maryland [Mrs. MORELLA]. ing as we are here today. It is meeting Then just 2 weeks ago, Lois joined Mrs. MORELLA. Mr. Speaker, I did about a subject that WALTER cared WALTER at the White House for the not know WALTER CAPPS very well. I deeply about, and that is science edu- ceremony for the awards of NEA and served on the Committee on Science cation. Science education is something NEH. WALTER had been a recipient of with him, and I found him to be a very that we shared a great and common in- NEH, a participant in the past and he honorable, fair, gentle man who cared terest in and WALTER sat right next to was in his glory. He was in his element. about issues, who was dedicated to pub- me on the Committee on Science, and I He was recognized by the people there lic service, to his country, his commu- will go back to committee this morn- as one of them, a man who bridged nity, his friends, and indeed to his fam- ing and he will not be there. both worlds, the political and the cre- ily. But I will always remember his won- ative and the humanitarian. I offer my condolences to his family. derful commitment and intellect, the Mr. Speaker, like so many others He is a man who is also very bipartisan caring that has been talked about this here, I want to recognize WALTER’s pa- in terms of being very fair. He will be October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9623 missed by this Chamber. He will be a weak view; it was a resolute view and Mr. FORD. Mr. Speaker, I express my missed by his district, by his friends, an informed view. sympathies and prayers to the Capps and by his family. Finally, Mr. Speaker, I would say as family and the constituents of the 22d As Thornton Wilder said, ‘‘There is a I come from the Committee on Science, District of California. land of the living and a land of the where I shared that committee with Mr. Speaker, John Kennedy once dead and the bridge is love, the only Professor and Congressman CAPPS, he said, I am certain that after the dust of survival, the only meaning.’’ I think worked and was dedicated to issues centuries has passed over our cities, that WALTER CAPPS will live on in love. such as science and education. Well, we, too, will be remembered not for our Mr. FAZIO of California. Mr. Speak- now where he rests he can work on is- victories or defeats in battle or in poli- er, I yield 1 minute to the gentlewoman sues that he cares maybe even more tics, but for our contribution to the from Michigan [Ms. KILPATRICK]. deeply about. That is personal faith human spirit. Ms. KILPATRICK. Mr. Speaker, I and world peace. May God bless you, We will not have to wait for the dust come to this podium today to join my WALTER CAPPS. to settle on the work of this great colleagues as a Member of the fresh- Mr. FAZIO of California. Mr. Speak- giant, WALTER CAPPS, to understand man class with Mr. CAPPS, Mr. WALTER er, I yield 1 minute to the gentleman and to remember the contribution he CAPPS, a distinguished literary man, a from Arkansas [Mr. SNYDER]. made to lifting the human spirit of this professor of religion, but more than Mr. SNYDER. Mr. Speaker, it is al- great body of Congress. He brought a that, a man who would take the issues ways tragic to lose someone like WAL- sense of spirituality to this body and of this Congress, listen to them thor- TER CAPPS, who showed such enthu- was a model of integrity and generos- oughly, and then let his conscience and siasm for his newest challenge in life, ity, indeed, a decorated soldier for hu- the well-being of the American citizens this new career in Congress. But I will manity. The 15th verse of the 116th determine how he would cast his vote. have to say if WALTER had stayed on Psalm, Mr. Speaker, reads that pre- Mr. Speaker, I sat with him last this Earth until he was 103, his life cious in the sight of the Lord is the Thursday as we discussed the Loretta even then would have been tragically death of his saints. Oh, what a sight Sanchez case out in California’s 46th. interrupted because I suspect he would WALTER CAPPS must be. How worried and troubled he was that have been mastering some new skill, Mr. FAZIO of California. Mr. Speak- an election that could be won by some taking on another new challenge, in- er, I yield 1 minute to the gentleman 900 votes could be simply thrown aside spiring those around him to do better, from Massachusetts [Mr. MCGOVERN]. and castigated and, more than that, probably writing another dang book. Mr. MCGOVERN. Mr. Speaker, I am the Congresswoman duly elected be Mr. Speaker, he worked hard for his very sad that this House and this Na- chastised and harassed after having country because he loved his country. tion has lost a decent, caring and won an election in his beautiful home We loved WALTER CAPPS. We respected thoughtful Member. WALTER CAPPS ran State of California. WALTER CAPPS and we will miss him. for Congress and won for all the right Mr. Speaker, I noticed in the last few Mr. Speaker, I sponsored the Wilma reasons. He stood for something. He moments that we have heard the de- Rudolph Congressional Gold Medal leg- cared passionately about issues. He was lightful sound of little children in the islation last week, and I think my leg- principled. He was a man of strong gallery. I think WALTER would have islation might have been the last one ideals. liked that. that Mr. WALTER CAPPS was able to co- My wife, Lisa, and I admired WALTER Mr. FAZIO of California. Mr. Speak- sponsor. I am proud to have him as a very much, not only for his views, but er, I yield 1 minute to the gentlewoman cosponsor. I want his wife, Lois, and also because he brought a special dig- from California [Ms. MILLENDER- his family to know that all of us will nity to this office. This Congress and MCDONALD]. remember WALTER as we carry out our Ms. MILLENDER-McDONALD. Mr. our country has lost a great patriot. congressional duties, that this Con- Speaker, I too rise to express my heart- My deepest sympathies go out to Lois gress will be a better Congress because felt sympathy to the family of Rep- and WALTER’s entire family. WALTER WALTER served here. has set a powerful and compassionate resentative WALTER CAPPS and extend So, Mr. Speaker, I say to Lois and his my condolences and those of my con- example that all of us in this Chamber family, ‘‘He lives and he will always stituents to his wife Lois and his chil- should follow, and we will miss him live because we will always remember dren, Laura, Todd, and Lisa. very much. him. God bless you.’’ Mr. Speaker, during the time I knew Mr. FAZIO of California. Mr. Speak- Mr. FAZIO of California. Mr. Speak- him and had the opportunity to serve er, I yield 1 minute to the gentleman er, I yield 1 minute to the gentleman with him in this House, it was a pleas- from Iowa [Mr. BOSWELL]. from Indiana [Mr. ROEMER]. ure. His gentle, reflective nature had a Mr. BOSWELL. Mr. Speaker, I have Mr. ROEMER. Mr. Speaker, I rise to calming influence, one I appreciated appreciated in our sorrow the reflec- extend my prayers and my sympathies during those times we have to dash to tions about WALTER. He was a great to the Capps family, to Lois and Lisa the floor to cast votes. man. I would say to Lois and the fam- and Todd and Laura. And I want to just On one occasion, Mr. Speaker, when ily, remember those great and wonder- reflect for just a minute about WALTER we were discussing the challenges of ful memories that you have got. In this CAPPS, who was a man of contrasts but maintaining two households, one here moment of sadness, they will carry you certainly not conflicts. and one in our districts, I encouraged through. He was gentle in his personality, but him to consider a place in my building WALTER touched me many ways. He strong and towering in his views. He was kind of my buddy. We kind of because WALTER was more than an edu- was a professor of theology, and he was cator, a father, and a Member of Con- jabbed each other once in a while about very, very strong in his faith, yet he gress; he was a neighbor whose civility, being the oldest in the class. We talked did not preach to others. reflections, experience, and knowledge just about every day, shared a few He was an academician, but not in helped him to master a rule of the pleasantries, tried to have a new joke the ivory tower sense. He had a won- House we should all refer to more fre- for one another. But in the process, I derful and very witty sense of humor. quently: The Golden Rule. realized that WALTER was a man of He was humble. When my colleague great depth. just mentioned that he had written 14 b 1115 He was a teacher. He was a writer. He books, with his great sense of humor For even in this House, with all the was a loving person. He was very sin- and his humbleness he might have issues, the stakes and the games, WAL- cere. Even though he had a lot of fun, turned to me as a member of the Com- TER would do unto others as you would he was very sincere about life. The in- mittee on Science and said, ‘‘Roemer, have others do unto you. The great scription above the Speaker’s head, in have you even read 14 books?″ State of California has lost a great God we trust, he believed that. He was somebody who always sought warrior of the people. I think we can take some comfort in out other people’s opinions and lis- Mr. FAZIO of California. Mr. Speak- what is a favorite scripture of mine, tened to those opinions to form his own er, I yield 30 seconds to the gentleman John 14, that I go to prepare a place for view. Yet that was not a view that was from Tennessee [Mr. FORD]. you and will receive you to myself. H9624 CONGRESSIONAL RECORD — HOUSE October 29, 1997

I think WALTER is there. I think he is and reached more students than any sor of religious studies at the Univer- watching us. I think there is a smile other course in the entire University of sity of California in Santa Barbara, in- upon his face because he knows that he California system. Knowing WALTER, I cluding the authorship of more than a touched our lives, touched every one of believe that. I understand that. dozen books. us, and our lives have been made better He brought a decency, a compassion WALTER had a special interest in the because of WALTER CAPPS. So may the and honesty about this business to this study of conflict resolution, a subject good Lord bless him and may we re- House that was a credit to him and to that is of particular concern to us in member those good times and appre- the citizens of the 22d District of Cali- the field of international relations. His ciate him, is my thought. fornia. He cared deeply about edu- strong record of constructive participa- Mr. FAZIO of California. Mr. Speak- cation, that was his background. But tion in the work of our committee and er, I yield 1 minute to the gentleman he also, because he came at this time on the floor of this body demonstrated from North Dakota [Mr. POMEROY]. of life that he did, he was not caught his deep commitment to the work of Mr. POMEROY. Mr. Speaker, rare, up in all of our partisan battles. He the Congress. but from time to time we will meet really was here to do good, and he did Congressman WALTER CAPPS, in his someone whose decency, intellect, and it as long as he was here. dedication to public service, was a man integrity leave upon us a permanent I was talking to a member of my distinguished by gentleness who cared impression. Such was the case with staff a moment ago. She said she met deeply for others. The House is greatly WALTER CAPPS for me. him once and he was a kind soul. She diminished by his loss. Our heartfelt The House of Representatives, on any said it well. He was a good and kind sympathies and condolences to go out given day, can be a very tough, rough and strong gentleman, and we will miss to his wife, Lois, and their three chil- and tumble place, and yet during the him. dren. visits I would have with WALTER at the Mr. FAZIO of California. Mr. Speak- Mr. FAZIO of California. Mr. Speak- back of the Chamber, somewhere er, I yield 30 seconds to the gentleman er, I yield 30 seconds to the gentle- across the face of this Capitol campus, from Washington [Mr. MCDERMOTT]. woman from California [Ms. LOFGREN]. I would always come away feeling bet- Mr. MCDERMOTT. Mr. Speaker, I Ms. LOFGREN. Mr. Speaker, I join ter, feeling a little calmer, a little just want to say a word or two to Mrs. with my colleagues in expressing our more upbeat because of his person. He Capps and the kids. very sincere condolences to the Capps was so good that he just left you feel- This is a remarkable hour. Not many family, to the residents of WALTER’s ing better for having talked to him. people could spend 1 year here and have district and really to this country, be- Some try in this place to lead by this many Members say what they are cause WALTER was a special person. angry bombast. With WALTER, it was saying. Most of us, we are here 10 WALTER was an honest man in a time the case of leading by quiet, dignified years, 20 years, not this kind of thing when some of us see things but fall example. would occur for them. short of that. He was honest intellectu- To spend any time with him, you He aimed well. He succeeded. ally. He loved this job. And in all the would just simply gather a sense that God bless you. discussions I had with him, he talked WALTER had a great sense of personal Mr. FAZIO of California. Mr. Speak- about what a great honor it was to balance. Watching the beautiful friend- er, I yield 30 seconds to the gentleman share the power and the hope and the ship, the loving friendship he had with from Rhode Island [Mr. WEYGAND]. ideal of this country with people who his wife, Lois, his inseparable compan- Mr. WEYGAND. Mr. Speaker, those felt that they were left out. ion during his time here, left that im- of us who came in as freshman class I can remember nights walking pression ever so clearly. Democrats came from all parts of the through the halls when he would be WALTER, you were not here long but country with different viewpoints and showing young people from his district by virtue of the man you were, you different backgrounds. I think when we this building and explaining the maj- have touched our lives and in the proc- all first came here, we kind of looked esty of the Congress and making them ess you have uplifted the people’s for someone, someone that we could al- feel that they owned it as much as any- House of Representatives. ways associate with. That person hap- one in this country. To Lois, we honor God bless you, WALTER. pened to be WALTER CAPPS. you for all you have done with WALTER. Mr. FAZIO of California. Mr. Speak- He was like a soul mate to all of us. He could not have done it without you. er, I yield 1 minute to the gentleman Whenever you spoke with him, you al- We miss you, WALTER. from Ohio [Mr. KUCINICH]. ways felt at ease. Whenever you talked Mr. FAZIO of California. Mr. Speak- Mr. KUCINICH. Mr. Speaker, as a with him about an issue, he always un- er, I yield 30 seconds to the gentleman new Member of Congress, I am proud to derstood and you always had a sense from Connecticut [Mr. GEJDENSON]. be part of a class which included WAL- that, in fact, you were connecting. I Mr. GEJDENSON. Mr. Speaker, I just TER CAPPS of California. He was a man guess he always had that ability to do want to join with my colleagues, to the of decency, integrity, and persever- so. He was such a loving man, a man of family, to give our concern and our ance. His passing is a loss for Lois and family, a man of community. love. He was a special individual on the the family, and it is a loss for our con- But I think most of all, he was a man committee. From the first day there, gressional family. that we remember, a man of decency. he brought with him an intellect that He had an easygoing style and grace, In a Chamber that is often character- is hard to match and an understanding a light which emanated from his smile ized by yelling, screaming, and finger of history and the courage to follow and his humor. He was a gentleman in pointing, WALTER CAPPS was, in fact, those convictions through. the finest sense, gentle. May he go perhaps the best image that we could We often have Members that have gently into the light. ever have, a true man of decency, and courage. We often have Members that God bless you, WALTER. we will miss him. have an understanding of history, but Mr. FAZIO of California. Mr. Speak- Mr. FAZIO of California. Mr. Speak- they never seem to be quite as joined er, I yield 1 minute to the gentleman er, I yield 30 seconds to the gentleman as they were in WALTER, a great sense from Maine [Mr. ALLEN]. from New York [Mr. GILMAN]. of what has happened and where we Mr. ALLEN. Mr. Speaker, I come Mr. GILMAN. Mr. Speaker, I wel- should go, the courage to stick with it. from the other side of the country from come the opportunity to pay tribute to It always, I think, brought us great WALTER and Lois Capps, but Diana and the memory of our late colleague. Con- joy to see WALTER and his wife around I count as one of the blessings of this gressman WALTER CAPPS of California’s the Capitol together. It was a privilege job the chance that we had to get to untimely passing yesterday has to serve with him on the Committee on know both WALTER and Lois. We will brought sorrow to all of us. International Relations. miss him. As an active member of our Commit- Mr. FAZIO of California. Mr. Speak- I am told that his class on the Viet- tee on International Relations, WAL- er, I yield 30 seconds to the gentleman nam war at the University of Califor- TER CAPPS brought a wealth of wisdom from Michigan [Mr. UPTON]. nia Santa Barbara, taught annually, and experience developed during his ca- Mr. UPTON. Mr. Speaker, when I re- had the largest enrollment on campus reer that spanned 33 years as a profes- turned home last night and told my October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9625 wife the sad story about WALTER CAPPS strongly there as it was in Santa Bar- humility, compassion, empathy, and inner leaving this place, the first thing she bara. peace that we all should endeavor to attain. asked was about Lois. We have talked about his introduc- Refusing to subscribe to the lowest common A lot of us, in the 10 months that we tion of legislation on Lou Gehrig’s dis- denominator of discourse, he spoke from the were here, did not know WALTER CAPPS ease, and the time he spent in the hos- heart, challenging all of us to see the big pic- all that well. I got to know him a little pital recovering from a near fatal auto ture and work for a world where harmony, rec- bit at Hershey, he and his wife both. He accident, during which he wrote a onciliation, and scholarship are more common was an honest, decent guy that worked book. But we do not know that the rea- than conflict, ignorance, and economic dispar- so hard for his constituents back in son that he introduced that bill was be- ity. California. He was well-respected on cause, during his time in the hospital, While campaigning to represent the people both sides of the aisle. We are going to he befriended an individual suffering of the 22d Congressional District of California, miss him. from Lou Gehrig’s disease and learned WALTER CAPPS often spoke of the broken Like a lot of Members in this House, from that man things that brought him bond of trust between the people of the United he was not flashy. His name was not a to that introduction when he became a States and their government. He believed that household name. But I think it was his Member of Congress. Americans deserve a government as good as courage and wisdom and thoughtful- WALTER was always sensitive to the people it serves and that idealism has a ness that, in fact, made a difference for those around him, always learning and place in Washington, DC. Therefore, in the not only his constituents, but for this doing what he could to be helpful. I was memory of WALTER CAPPS, I challenge each House as well. most impressed not just by the vote he and every Member of this House and every We are going to miss him. We wish cast, but by the process he went Member of the U.S. Senate to seize this ideal- Lois and his family the very best in our through struggling with the question ism and begin to work for a nation that WAL- prayers. of how to vote on the constitutional TER would have been proud of: a place where social divisions melt away into a national com- b 1130 amendment on flag burning. There were many who assumed they knew munity coming together to solve its problems Mr. FAZIO of California. Mr. Speak- how WALTER CAPPS would vote on that in a constructive, thoughtful, and compas- er, I yield 30 seconds to the gentleman issue. But WALTER CAPPS went in depth sionate manner. from Ohio [Mr. STRICKLAND]. to his family and his friends and the It was a great honor to serve this Nation Mr. STRICKLAND. Mr. Speaker, veterans he knew so well and decided, with WALTER CAPPS and to have gotten to John Gardner has written that ‘‘some contrary to my view, I might add, to know him and work with him however briefly. people strengthen this society just by support that amendment. And in doing His loss is a wound that will not heal swiftly. being the kind of people they are.’’ so, I think he sent a message to all of It is my hope and prayer that this House will WALTER CAPPS was such a person. I us that he was here for the people and carry on his legacy and always remember and would like to say that some Members he was going to be independent in his live up to his expectations and grand vision of strengthen the House of Representa- judgment on every issue. the potential of the Federal Government and tives just by being the kind of person There was no typecasting WALTER of humanity. Mrs. MALONEY of New York. I rise to share they are, and WALTER CAPPS was such CAPPS. And that is why this incredible my condolences with the family of WALTER a Member. I admired him greatly. loss will be felt most of all when we de- CAPPSÐLois, Lisa, Todd, and LauraÐand with And Lois, I would like to say that bate those questions of church and every member of this House because we've when it comes time for me to leave this state, the interrelationship of our reli- all lost a true contributor: A man who legis- Earth, I hope that people can feel gious faith and our belief in democracy lated from his soul. about me the way we all obviously feel and free speech. His loss there will about your WALTER. We are all left shocked and sorrowful at his have to be compensated for only by his death. But there was perhaps no one more Mr. FAZIO of California. Mr. Speak- writings. er, I yield myself such time as I may prepared for this moment than WALTER him- And so we, I think, all feel a tremen- self. Elected officials often suffer from ero- consume. dous loss for a man who spent all too Mr. Speaker, as the gentleman from sionÐoutside forces chip away at our little time with us but made an incred- thoughts, and work to influence our actions. Washington [Mr. MCDERMOTT] has said, ible impact on us. But WALTER didn't work from the outside this has been an extraordinary out- Mr. ROTHMAN. Mr. Speaker, this morning I inÐhe worked from the inside out. His studied pouring of sentiment during an ex- wish to join with my colleagues in mourning philosophies, his moral strength and his tremely busy time of a very busy day the loss of our friend, Congressman WALTER writings have left us with an example to follow at the end of the session; and it is to- CAPPS. in our professional lives. tally appropriate for WALTER CAPPS. First of all, allow me to extend my heartfelt His sincerity, and that twinkle in his eye, I had the privilege of working with condolences to his wife Lois, and his children. have left us with fond memories to carry him during his two campaigns for Con- My thoughts and prayers are with you in this home. gress. The first real communication I time of loss. Mr. PAYNE. Mr. Speaker, I rise to honor the had with him was by computer. He sent WALTER CAPPS lived a rich and vigorous life, memory of my friend and colleague, Con- me a message from Santa Barbara. It serving his community in several different ca- gressman WALTER H. CAPPS. Although Con- said, ‘‘You cannot imagine how en- pacities. As a young man in Omaha, NE, he gressman CAPPS was with us for a brief period tirely irrelevant the material you are learned the value of a hard day's work with of time, he left his mark in Congress and on sending me is.’’ Union Pacific Railroad and by delivering news- the world. Congressman CAPPS and I both As chairman of the DCCC, I realized papers and painting houses. As a professor of served on the Committee on International Re- he not only had a great sense of humor, religious studies at the University of California, lations which he joined in 1996. When Rep- he also had a very incisive intelligence. Santa Barbara, he emerged as a national resentative CAPPS joined the International Re- And I came to respect his different ap- leader in the study of peace and conflict stud- lations Committee he did so because of his proach, a successful approach which we ies, veterans affairs, and American democ- commitment to changing and making a dif- have all come to appreciate. racy. And while at UCSB, he also developed ference in the world with all people from all I saw him among his constituents one of the first college curriculums on the his- races and religions. Although he was with us from Santa Maria the other day, not tory, experience, and ramifications of the Viet- for a short period of time, he touched many the bastion of WALTER CAPPS’ support nam war. Furthermore, he was very active lives. CAPPS was a prominent figure in the cir- in his first two races for Congress. But with community service organizations in the cle of human rights and fundamental freedoms I could tell you, I could see the growing Santa Barbara area and in his own Lutheran for all peoples but he was especially con- pride, the clear respect those constitu- church. cerned with the growing human rights abuses ents had for his efforts and his service WALTER epitomized the type of individual we of the Chinese officials toward the Tibetans. I here. I know the leaders of that com- all strive to be, not only as Members of Con- think that during the visit of Jiang Zemin this munity, largely of the other party from gress, but as human beings. In a time where week, we should be mindful of the things that WALTER’s, were looking forward to his petty partisan wrangling has engulfed this Congressman CAPPS stood forÐthe right of a reelection. And the depth of feeling body and prevented us from doing the peo- people to live in peace and the right of a peo- about his passing will be felt just as ple's work, WALTER CAPPS exuded a sense of ple to determine their own future. H9626 CONGRESSIONAL RECORD — HOUSE October 29, 1997

Congressman CAPPS was a spiritual and de- As a professor, he understood the value of WALTER CAPPS will be felt deeply by all of us. vout man who taught religious studies at the education and the importance of history. He He was a wonderful man, dedicated to making University of California at Santa Barbara for brought thoughtful convictions and a gentle a difference. He will be missed terribly. 33 years. His pioneering spirit led him to write manner to an institution too often character- WALTER was not a politician. He was an several books. He was best known for a well- ized by bluff and bluster, and reminded us all academic at heart, and it was his background renown course he taught on the Vietnam war. of the importance of decency and integrity. in academia that enabled him to bring a CAPPS had a subtle drive. He had a civil, My thoughts and prayers go out to Lois and unique viewpoint to Congress. His expertise in congenial nature, that became contagious her children. WALTER made a real impact here the study of the Vietnam conflict and conflict whenever anyone was in his presence. He and he will be missed. resolution earned the respect of his col- was admired by many of his colleagues and Mr. MALONEY of Connecticut. Mr. Speaker, leagues, and enabled him to play a significant friends for his gentile and deferential nature. In I'd like to take a moment to honor the tremen- role on the International Relations Committee, committee hearings, he would often question dous accomplishments of a special man, a even as a freshman. friend, and a dedicated public servant, WAL- the inhospitable nature of members and would A truly remarkable individual, WALTER was encourage bipartisanship. Although it was dif- TER CAPPS. I had the great pleasure of entering Con- deeply affected by the 1996 car accident, ficult for some of his colleagues to see an an- which left him temporarily in a wheel chair. gress with WALTER. At a time when, as a swer to a problem, he would help solve dis- From this tragedy, he learned a lesson that putes with amicable diplomacy and resolve. freshman class, we were embarking on a re- markable privilege and profound challenge, many of us would have overlooked, that loving He was respected and admired by many and caring for each other was what mattered people. CAPPS has left a legacy and an en- WALTER's warm and caring nature, constant humor, and analytical mind truly added a great in the end. He carried this perspective into his lightened path will be difficult to follow. daily work on the House floor. Determined to deal to our process. Most important, WALTER's Mr. DOOLEY of California. Mr. Speaker, I protect those individuals who could not help rise today in memory of our colleague and strong commitment to getting the job done for America's families without engaging in par- themselves, WALTER would always cast his friend WALTER CAPPS, whose generosity of vote to protect the most vulnerable in our soci- spirit enriched this Chamber, the State of Cali- tisan politics is truly to be commended: WAL- TER's priority was always focused on making a ety. He truly believed that even if reform was fornia, and this country immeasurably during called for, the Government must not abandon his tenure in the U.S. House of Representa- difference in the lives of the families of Califor- nia's central coast. Whether improving edu- what he felt to be its mandate: to help families tives. He brought to this House the same intel- and individuals who could not help them- lectual rigor and deep compassion that al- cation, saving Morro Bay, supporting Vanden- berg Air Force Base, or protecting seniors, selves. This kindness, compassion, and genu- lowed him to excel as a professor of religious ine concern for his fellow man was evident in studies at the University of California at Santa WALTER's strong commitment to his constitu- ents always took first place in all he worked all that WALTER said and did. Barbara, as an author, as a U.S. Congress- I would like to offer my deepest condo- man, and as a husband and father. for and accomplished. At a time when new Members of Congress lences to WALTER`s wife, Lois, and to their Representative CAPPS was a man of pa- are working hard to break with the politics of children. At this time of great sorrow please tience and principle whose leadership in the old and create a new more cohesive and pro- know that you will be in the thoughts and House, while brief, had a significant effect on ductive atmosphere, WALTER will be greatly prayers of myself and the other Members. I his colleagues. He did not enjoy conflict, yet missed, but his contributions will never be for- hope that you can take some small comfort in he fought with passion and sensitivity for the gotten. My thoughts go out to his wife Lois, knowing that WALTER was admired and re- issues he felt were crucial to his constituents three children, and grandchild. spected by all who came in contact with him. and to his own conscience. He did not make Mr. SENSENBRENNER. Mr. Speaker, it He truly was a great man, and I am honored decisions lightly, but, once decided, his opin- was with great sadness that I learned of the to have known him. ions were profoundly argued and vibrantly death of WALTER CAPPS, my colleague in the Mr. HOYER. Mr. Speaker, I rise today with supported by his actions. He did not consider House and a member of the Science Commit- a heavy heart to share the intense grief of my himself a politician, and resisted the deal-cut- tee, which I chair. WALTER died yesterday of colleagues over the passing of WATER CAPPS. ting and personal attacks that represent the an apparent heart attack after arriving at Dul- This is a truly sad day in the Congress and a worst part of government. Yet he himself rep- les airport upon returning to Washington from truly sad day for our country. resented the best of what politics can be, as his California district. In a body often riddled with cynicism, WAL- an independent thinker, a sympathetic listener, Before his election to Congress, WALTER TER CAPPS stood above the crowd as a and a devoted advocate for the concerns of was a professor of religious studies at the Uni- his constituents and of all Americans. straight-forward man of integrity and honor. versity of California at Santa Barbara. He also Grounded in his own deeply moral and ethical WALTER was a man of faith, not only of the established and taught the first college course spiritual kind, but of the political kind. He had beliefs, he served as a shining beacon to us on the Vietnam war. His lifelong commitment all on the virtues of conciliation, kindness, and faith in the democratic process, and had faith to education was evident to everyone who compassion. that it would allow him to be elected even after knew him. His experience as an educator was Before entering the Congress, WALTER an initial defeat. His victory proved to all of us a tremendous asset to the Science Committee in California and across the country that voters and our work to improve science and math gained national prominence on the stage of will choose substance over style, and that true education. academia. He spent 30 years as a professor leadership will be recognized no matter what I was particularly impressed by the integrity of religious studies at the UC-Santa Barbara, the odds. and honesty that WALTER CAPPS displayed at where he authored 14 books, became widely To Lois and his children, I offer my sincere all times. I recall a conversation I had with known as an expert on religion, conflict resolu- condolences, with the hope that they may find WALTER after a particularly successful biparti- tion, and American democracy, and developed comfort in the tremendous good WALTER has san markup we had in the Science Committee an extraordinarily popular course on the Viet- done in this House and within the 22d District earlier this year. He told me he was impressed nam war that brought together soldiers, of California. He will be truly missed. I ask my by the bipartisan spirit and focus on policy protestors, and Vietnamese refugees. He colleagues to join me in paying tribute to the over politics and he hoped that it would catch brought this unique perspective on politics and memory of our colleague, the Honorable WAL- on in the House. Displaying the integrity that on life to the Halls of Congress, enriching the TER CAPPS. I particularly admired in WALTER CAPPS, he in- atmosphere and heightening our collective Mrs. LOWEY. Mr. Speaker, I rise today to dicated to me that he was going to skip a sense of dignity and comradery. honor WALTER CAPPS. meeting later that day with Members of his The Santa Barbara News Press describes Those of us in this House were privileged to own party that he believed to be intent on pro- WALTER as a Congressman who sought to know and serve with WALTER this past year. moting partisan politics. personalize American politics and bring civility This institution is diminished by his passing. WALTER was a pleasure to work with and back to the discourse on Capitol Hill. This Just recently WALTER and I worked together will be missed as both a friend and a col- sense of purpose was a common threat run- in an effort to prevent imported assault weap- league. I know that all of the Science Commit- ning throughout WALTER's personal and pro- ons from flooding our streets. WALTER was tee members would want to join me in extend- fessional life. WALTER's tireless work on behalf undeterred by the political risks involved with ing our sympathy to his wife, Lois, and three of his congressional district, traveling back to taking on this issue because he was here not children, Lisa, Todd, and Laura. California every week, listening to and con- merely to occupy a seatÐbut to make a dif- Mr. TRAFICANT. Mr. Speaker, yesterday necting with his constituents, represented his ference. this body lost a great Member. The passing of uniquely personal brand of politics. October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9627 Mr. Speaker, it is never easy to lose a col- The SPEAKER pro tempore. The States, the Communist Chinese Gov- league or a friend. But, our grief is over- question is on the resolution. ernment just released a Roman Catho- shadowed by those that knew WALTER on a The resolution was agreed to. lic bishop from prison. My question is more personal level. It is my sincere wish that A motion to reconsider was laid upon this: What the heck was a Roman his wonderful wife Lois, and his children Todd, the table. Catholic bishop doing in prison in the Lisa, and Laura, take solace in the knowledge f first place? that WALTER was so highly respected and re- The answer, of course, is that Bishop vered by his peers. Today's outpouring of GENERAL LEAVE Su is a priest in what is known as the emotion on the House floor accurately reflects Mr. FAZIO of California. Mr. Speak- underground church, a church that the high esteem with which WALTER was held. er, I ask unanimous consent that all does not take its orders from a Chinese WALTER will be missed by this body, and he Members have 5 days to revise and ex- dictatorship. I hope that between the champagne will be missed by a county seeking the values tend their remarks in the RECORD ref- and commitment to civility he so fully rep- erencing the passing of our friend, the toast over at the White House, Presi- dent Clinton does not forget to remind resented. While only here in Congress a short gentleman from California [Mr. CAPPS]. his guests that Communist China still while, I know that WALTER CAPPS has made a The SPEAKER pro tempore. Is there has a long way to go when it comes to lasting impression upon us all. objection to the request of the gen- religious freedom, and that if the dicta- Mr. MILLER of California. Mr. Speaker, I tleman from California? torship wants our Government to take rise today to express my shock and profound There was no objection. them seriously, they will open the pris- sadness at the sudden passing of our friend f and colleague, WALTER CAPPS. I send my on doors and release all those believers most sincere condolences to WALTER's family ANNOUNCEMENT BY THE SPEAKER they have jailed because they dared to and I wish to let them know that he will be PRO TEMPORE practice their faith. missed and fondly remembered. Mr. Speaker, China and the world is The SPEAKER pro tempore. The watching. Like many of us here, I came to know WAL- Chair will now entertain 1-minutes. f TER when he decided to run for office in the f 1994 elections. Even before meeting him dur- TRIBUTE TO REPRESENTATIVE ing the campaign, word traveled from Califor- PRESIDENT CLINTON MEETS WITH WALTER CAPPS nia to Washington that a respected professor PRESIDENT JIANG ZEMIN OF (Mr. BECERRA asked and was given and an exciting man wanted to represent the CHINA permission to address the House for 1 people of Santa Barbara in Congress. We (Mr. DELAY asked and was given per- minute and to revise and extend his re- were told that he was smart, compassionate, mission to address the House for 1 marks.) and would fight hard for his beliefs and his minute and to revise and extend his re- Mr. BECERRA. Mr. Speaker, I want- community. marks.) ed to add my words on behalf of a Advance praise for WALTER CAPPS was not Mr. DELAY. Mr. Speaker, as I speak, friend and someone who unfortunately undeserved. My only regret was that we did the President of the United States is has left us, Mr. WALTER CAPPS. not have more time to work together and to meeting with President Jiang of China. WALTER, as most folks also remem- become better friends. Some of my most re- The people of the United States and ber, ran earlier in 1994 for election and cent memories of WALTER include standing to- the people of China share many inter- did not win. He barely lost. And in 1996 gether on the steps of the Capitol one sunny ests and hopes for their futures. he did win. I attribute his first loss to day this month demanding a vote on cam- I voted for MFN because I believe the fact that he did not run as a politi- paign finance reform. And, one day while that trade is one way we can influence cian. I attribute his win the second walking across the street to vote on another the people of China to force their Gov- time because folks finally had a chance matter, WALTER and I discussed the brewing ernment to give up its authoritarian to see shining through the real quali- controversy over the future of the ranch in ways. But as the President of China ties of this gentleman. He came up here Santa Barbara owned by the Reagans. meets with the President of the United to serve, and he came up here as Mr. WALTER was well versed in matters both States, one message must be sent loud Smith in that movie came up here to local and national and I believe he would have serve, and it is unfortunate that he is been one of our great Members of Congress and clear: That the United States will not condone China’s persecution of peo- gone. had he only had the chance. Most folks do not recognize, as well, ple for their religious and political be- WALTER, I will miss you. We will all miss that a year and a half ago WALTER liefs. you. I am proud to have known you and to nearly lost his life in a car accident I am especially appalled by the treat- have served with you and I will do my part to that almost took his wife’s life, as well. ment of Pastor Xu Yongze, who has see that your dreams for our country are real- He survived that, and I felt the Lord been tortured and unjustly imprisoned ized. kept him here for a reason. Perhaps simply because of his religious beliefs. Ms. HARMAN. Mr. Speaker, I join my col- now, with his death, maybe he did; Pasture Xu is a widely respected, main- leagues in paying respect to the memory of maybe he now wants us to take a look stream pastor, often called the Billy WALTER CAPPS. at not just what it means to live, but Graham of China. He does not deserve WALTER was an especially decent man, one also what it means to die. this kind of treatment. of the few freshmen to make an immediate im- I am very saddened to lose a friend, So I urge President Clinton, Mr. pact upon arrival. That impact was based on WALTER CAPPS. I think this whole in- Speaker, to convey this simple mes- a strong sense of moral purpose and a stitution is saddened. Unfortunately, sage to the President of China: If China grounding in the belief that Congress could the American people, as they did not wants to be a respected nation in the solve problems without resorting to partisan- know about his near fatal car accident, world, it must give up its persecution ship or one-ups-manship. With WALTER's sud- as they did not know about his first of innocent people who simply want a den passing yesterday, a bright light has gone loss, probably did not get enough time chance to practice their religion in out. to know this man, who would have peace. Mr. Speaker, we are fortunate to have had been a unique and essential man to the WALTER here in Congress, even for a brief f Congress of the United States. I extend time. Sidney and I express our deepest sym- COMMUNIST CHINA SHOULD FREE my condolences to his family. pathies to his wife, Lois, and the Capps family. f Mr. FAZIO of California. Mr. Speak- RELIGIOUS PRISONERS er, I yield back any time I may have (Mr. CHABOT asked and was given ON ISSUE 2 IN STATE OF OHIO remaining. permission to address the House for 1 (Mr. KUCINICH asked and was given The SPEAKER pro tempore (Mr. minute.) permission to address the House for 1 HOBSON). Without objection, the pre- Mr. CHABOT. Mr. Speaker, in an ap- minute and to revise and extend his re- vious question is ordered on the resolu- parent effort to illustrate its commit- marks.) tion. ment to human rights during President Mr. KUCINICH. Mr. Speaker, there is There was no objection. Jiang Zemin’s visit to the United an issue in the State of Ohio which I H9628 CONGRESSIONAL RECORD — HOUSE October 29, 1997 wanted to call to the attention of the So I would join my colleagues in re- for 1 minute and to revise and extend Members. The State of Ohio has on the minding President Clinton that when his remarks.) ballot an issue, issue 2, which would se- he toasts President Jiang Zemin, that Mr. STRICKLAND. Mr. Speaker, I verely restrict the right of people to be he not forget that Mr. Jiang Zemin is am a proud cosponsor of the bill of the able to collect once they are injured on directing the torture of many prisoners gentleman from Virginia [Mr. WOLF], the job. of conscience in China as the State din- the Freedom From Religious Persecu- I believe that workers have many ner proceeds. tion Act. I believe as the Chinese lead- rights, and one of the rights which And as the Clinton administration ership is in this country meeting at the workers have is to be able to be fairly gives the 21-gun salute to President White House, the most appropriate re- compensated when they are injured on Jiang Zemin today, which the Chinese sponse for those of us who are con- the job. Issue 2 in Ohio would really af- Government insisted upon, that Presi- cerned about human rights abuses and fect that right of injured workers. It dent Clinton and all those assembled the persecution of those in China sim- would stop women, for example, from remember the shots fired in Tiananmen ply because they wish to practice their being able to be fairly compensated for Square. By the way, the bullets that religious faith, the most appropriate repetitive motion injuries. It would cut killed the young demonstrators, the response for those of us who are Mem- the amount of time that people would bills for those bullets were sent to the bers of this House would be to sign on be able to apply for benefits. It would families as a cost to them for killing as cosponsors of the Wolf bill. cut the amount of time that people their children. b 1145 would be able to, in effect, file a com- And I hope the President and those plaint about an injury they received on gathered will not forget the millions of We need to send a message to the the job. people in labor camps for their reli- Chinese government and to the Clinton In this Congress we are here to pro- gious and political beliefs. Prisoners of administration that we will not con- tect our constituents. And as someone conscience are told that nobody knows tinue to tolerate the religious persecu- who is very concerned about workers’ about them and that nobody cares. tion of people of faith in China and rights and about people’s rights to be That is a painful form of torture. throughout the rest of the world. able to be compensated if they are in- But we all remember Wei Jingsheng f jured on the job, I am voting against and Wang Dan and so many others in VISIT OF CHINESE PRESIDENT issue 2 in Ohio. And I am hoping all prison, and I hope that President Clin- those people in Ohio will recognize that ton will have them on his mind as he (Mr. RYUN asked and was given per- they should do the same, to vote ‘‘no.’’ toasts President Jiang Zemin today. mission to address the House for 1 f f minute and to revise and extend his re- ON SECTION 245(I) marks.) GIVE PARENTS A CHOICE ON Mr. RYUN. Mr. Speaker, in 1992, Can- (Ms. ROS-LEHTINEN asked and was EDUCATION FOR THEIR CHILDREN didate Bill Clinton denounced Presi- given permission to address the House (Mr. TIAHRT asked and was given dent George Bush for ‘‘coddling ty- for 1 minute and to revise and extend permission to address the House for 1 rants.’’ This week he will welcome Chi- her remarks.) nese President Jiang Zemin with a 21- Ms. ROS-LEHTINEN. Mr. Speaker, minute and to revise and extend his re- gun salute and State dinner, something today we will be voting on preserving marks.) no American President has done for a an important immigration provision, Mr. TIAHRT. Mr. Speaker, if you Communist leader since the section 245(i), 245(i) benefits America. want to improve the quality of comput- Tiananmen Square massacre. Since The U.S. Chamber of Commerce and ers, how would you go about doing it? China’s Communist army opened fire major American corporations such as If you wanted to see engineering inno- on unarmed democracy demonstrators Xerox, Microsoft, and Ford strongly vations in the car you drive, what do in 1989, America has been outraged at support the extension of 245(i). These you think might produce them? And if American businesses know just how es- you wanted to see your daughter be- China’s flagrant abuse of human rights. sential well-skilled and qualified immi- come a national caliber gymnast, what In addition to human rights abuses, grants are to our economy as they conditions might lead her to become China poses a serious threat to peace. cause our businesses to prosper. They, one? The Chinese Government is moderniz- too, are American consumers and The answer is quite simple. It is ing its navy and its air force to expand innovators. called competition. Humans respond in their offensive capability and extend The reality is that if 245(i) is not ex- a positive way to competition because their reach. Although China signed a tended, the only thing that we would competition brings out the best in us. nuclear nonproliferation treaty, it con- be hurting would be the productivity of Competition makes us work hard. It tinues to transfer arms and nuclear our country; 245(i) helps especially to forces us to achieve wonders that we technology to Iran and Pakistan. keep families together. It especially never even dreamed possible. President Clinton has indicated that he helps businesses to retain skilled work- Microsoft, Ford, and Mary Lou will certify to Congress that China has ers. It brings up to $200 million a year Retton all responded to competition by halted all exports of nuclear tech- to our Treasury. And 245(i) does not changing the way they did things. Win- nology, something that the Reagan and give special benefits to illegal immi- dows 95, the Taurus and Olympic gold Bush administrations refused to do. grants. medals are the products of endless Mr. Speaker, it is high time that the The U.S. Senate has voted to extend striving, experimentation and the pres- United States Government establish a this provision. I urge my colleagues to sure to excel among one’s competitors. policy for dealing with the government support America and help keep fami- Surely the education of our children is of China. It is not time to throw State lies together by extending 245(i) today. important, important enough to de- dinners and to deliver 21-gun salutes. f mand competition in this area of life, f as well. LET LORETTA SANCHEZ GO PRESIDENT JIANG ZEMIN It is time to let competition bring ENTERTAINED AT WHITE HOUSE out the best in our children’s education (Mr. LEWIS of Georgia asked and was (Ms. PELOSI asked and was given by giving parents a choice on which given permission to address the House permission to address the House for 1 school their children attend. After all, for 1 minute and to revise and extend minute and to revise and extend her re- Mr. Speaker, our children deserve the his remarks.) marks.) best. Mr. LEWIS of Georgia. Mr. Speaker, Ms. PELOSI. Mr. Speaker, today f I rise today to say to you, to the chair- President Jiang Zemin is being enter- man of the Committee on House Over- tained at the White House. The plight FREEDOM FROM RELIGIOUS sight and to the Republican Members of the people of China and Tibet is a PERSECUTION ACT of the House, let LORETTA SANCHEZ go. challenge to the conscience of the (Mr. STRICKLAND asked and was Stop holding this woman hostage in United States. given permission to address the House your game of political terrorism. October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9629 The voters of California’s 46th Con- mankind, but the Republican leader- your wife and other members of your delega- gressional District cast their ballots ship even blocked us from offering tion will find your visit to the United States last November. They voted Bob Dornan some reasonable amendments. and with the American people to be both en- joyable and enlightening. out and LORETTA SANCHEZ in by nearly One of those amendments would have Virginia is a land that has greeted visitors 1,000 votes. The election was certified allowed us to protect our children and from across the seas dating back to 1607. The by the California Secretary of State. A schools from having nuclear waste Commonwealth of Virginia is young com- lengthy recount requested by Mr. Dor- transported by their doors. Another pared to China, yet our history has left its nan showed no change in the outcome. amendment would have said that this indelible mark on the souls of men through- Then came Mr. Dornan’s charges of bill cannot waive all of our environ- out the world. voter fraud. Yet almost a year after mental laws. And then something else, It is appropriate, therefore, that your his- the election and after expending hun- talking about hypocrisy with the Re- toric visit to the United States includes Vir- dreds of thousands of dollars in tax- publican leadership on this, the Repub- ginia, the birthplace of American freedom— where the seeds of individual liberty, self- payer funds, Republicans have yet to lican leadership came in defending pri- government and free-enterprise were plant- show any evidence of voter fraud. vate property rights, and yet they ed, took root and have yielded an abundant Mr. Speaker, the time has come to would not even allow us an amendment harvest—one of the most uplifting and suc- give up the charade. Stop this mockery to defend private property rights on cessful influences in the history of mankind. of an investigation, stop the harass- H.R. 1270. I urge a ‘‘no’’ vote today on Thomas Jefferson, the second Governor of ment, stop the intimidation. Let LO- the rule and on final passage. Virginia, was the author of the Virginia RETTA SANCHEZ go. She won her seat in f Statute for Religious Freedom and our Dec- the House fair and square. Put up your laration of Independence. Virginia is proud VIRGINIA GOVERNOR ALLEN AND that one of its sons wrote words that are uni- evidence or drop this ill-conceived in- WIFE SPEAK OUT ON VISIT OF versal in their meaning for all people declar- vestigation. Stop it and end it now. CHINESE PRESIDENT ing that all men are ‘‘endowed by their Cre- f ator with certain unalienable rights . . . of (Mr. WOLF asked and was given per- life, liberty and the pursuit of happi- NUCLEAR WASTE POLICY ACT IS A mission to address the House for 1 ness. . . .’’ and that governments derive BAD BILL minute and to revise and extend his re- ‘‘their just powers from the consent of the (Mr. GIBBONS asked and was given marks and include extraneous mate- governed.’’ permission to address the House for 1 rial.) Although your visit to Colonial Williams- minute and to revise and extend his re- Mr. WOLF. Mr. Speaker, I want to burg and Virginia is brief, I hope you have marks.) take a moment to salute Virginia’s the opportunity to experience the beauty Governor, my Governor, George Allen and hospitality of this historic location. Mr. GIBBONS. Mr. Speaker, today Williamsburg offers a unique insight into this body will consider a bill that will and his wife Susan Allen for their elo- America’s courageous and spirited beginning mandate transportation of the world’s quence, their grace and their convic- here in our most blessed Commonwealth of deadliest material through nearly tion in speaking out on behalf of uni- Virginia. May this treasured setting provide every community in this Nation. How versal human principles and democracy you with a greater understanding of, and ap- can this bill that will send nuclear as the Chinese President visited at Co- preciation for, the universal human prin- waste through our national parks, over lonial Williamsburg. ciples upon which America is built—freedom our rivers, near schools meet the envi- Mrs. Allen in remarks at yesterday’s . . . liberty . . . and representative democ- luncheon for the Chinese President racy. ronmental standards of this country? We wish you every success for a productive The answer is simple. It cannot, it will noted, ‘‘Thomas Jefferson was the au- visit in Virginia and in the United States. not, it never will. H.R. 1270 ignores thor of the Virginia Statute of Reli- We hope it will lead to mutually beneficial these requirements. This bill is in di- gious Freedom and our Declaration of exchanges between the people of our two na- rect violation of the National Environ- Independence. Virginia is proud that tions, as well as result in a stronger eco- mental Protection Act, the Clean Air one of its sons wrote words that are nomic relationship, and in a vigorous mar- Act, the Clean Water Act, and the Safe universal in their meaning for all peo- ketplace of competing ideas and open dis- Drinking Water Act, to name a few. ple, declaring that all men are endowed course. Most sincerely yours, Knowing of this bill’s blatant dis- by their Creator with certain GEORGE ALLEN. regard for the environmental safety, I unalienable rights of life, liberty and offered an amendment before the Rules the pursuit of happiness.’’ f Committee that simply stated H.R. In an earlier letter to President SHOULD NONCITIZENS BE 1270 must comply with current environ- Zemin, Governor Allen wrote, ‘‘Wil- ALLOWED TO VOTE? mental laws. It was rejected. It was re- liamsburg offers a unique insight into jected because if it was debated on this America’s courageous and spirited be- (Mr. STEARNS asked and was given floor, it would pass. It was rejected be- ginning here in our blessed Common- permission to address the House for 1 cause the nuclear power lobby spent $13 wealth of Virginia. May this treasured minute.) million making sure the Members of setting provide you with a greater un- Mr. STEARNS. Mr. Speaker, the real this body who oppose this bill will derstanding of and appreciation for the question in the debate surrounding the never have a voice in opposition heard. universal human principles upon which contested election in California’s 46th Vote ‘‘no’’ on this bill. America is built: freedom, liberty, and District is do we want noncitizens vot- f representative democracy.’’ ing in elections? It is not about Bob I salute Governor Allen and Mrs. Dornan and LORETTA SANCHEZ. It is VOTE NO ON NUCLEAR WASTE Allen for their willingness to speak in about whether or not we want to see POLICY ACT a clear voice on the core principles our election process compromised. (Mr. ENSIGN asked and was given that has made America good. I just Someone would have us believe that permission to address the House for 1 hope that the Chinese President heard this current investigation is unique. minute and to revise and extend his re- them. Would it surprise my colleagues to marks.) Mr. Speaker, I include the letter know that since the Civil War the Mr. ENSIGN. Mr. Speaker, I also rise from Governor Allen to President House of Representatives has been in- to talk about H.R. 1270, not Yucca Jiang for the RECORD. volved in over 100 such investigations? Mountain but the interim storage of The text of the letter is as follows: Another thing critics of this inves- nuclear waste. A lot of people are get- COMMONWEALTH OF VIRGINIA, tigation will not tell us is that the sup- ting it mistaken. OFFICE OF THE GOVERNOR, porters of Ms. SANCHEZ acknowledge Every major environmental group in Richmond, VA, October 28, 1997. that 303 noncitizens, illegally reg- the United States is opposing H.R. 1270. His Excellency JIANG ZEMIN, istered to vote by Hermandad, voted in President of the People’s Republic of China, Why? Because H.R. 1270 is ignoring all Embassy of the People’s Republic of China, the 46th Congressional District. There of the laws in the United States that Washington, DC. is strong evidence to support the fact protect us. We are talking about the DEAR MR. PRESIDENT: On behalf of the peo- that far more than 303 votes were most dangerous substance known to ple of Virginia: Greetings. I hope that you, fraudulently cast in this race. H9630 CONGRESSIONAL RECORD — HOUSE October 29, 1997 Do we really want to devalue the chosen for them. They made it easier The SPEAKER pro tempore (Mr. votes cast by legally registered Amer- for them to buy equipment for their LAHOOD). Is there objection to the re- ican citizens? I think not. Our oppo- students, including computers, and so quest of the gentlewoman from Con- nents on the other side of the aisle forth. necticut? should welcome this investigation if This is a giant step forward. It rein- There was no objection. they truly believe that their candidate forces, I think, what we are trying to f won fair and square. The truth must be do here in Washington, what parents PROVIDING FOR CONSIDERATION allowed to come out. want and what ultimately most people OF H.R. 1270, NUCLEAR WASTE know is best for children, and that is to f POLICY ACT OF 1997 decentralize the school system, em- GETTING BUREAUCRACY OUT OF power parents and create school sys- Mr. HASTINGS of Washington. Mr. THE CLASSROOM tems that serve students rather than Speaker, by direction of the Commit- (Mr. KINGSTON asked and was given serving bureaucracies. tee on Rules, I call up House Resolu- tion 283 and ask for its immediate con- permission to address the House for 1 f minute and to revise and extend his re- sideration. marks.) INTERNAL REVENUE SERVICE IN The Clerk read the resolution, as fol- Mr. KINGSTON. Mr. Speaker, re- NEED OF REFORM lows: cently a teacher in Camden County, (Mr. ROGAN asked and was given H. RES. 283 GA told me about going to a conference permission to address the House for 1 Resolved, That at any time after the near the State capitol designed to tell minute and to revise and extend his re- adoption of this resolution the Speaker may, pursuant to clause 1(b) of rule XXIII, declare teachers not to hug kids anymore and marks.) not to be in the room alone with them the House resolved into the Committee of Mr. ROGAN. Mr. Speaker, Repub- the Whole House on the state of the Union anymore, never to touch them. She licans in the House are committed to says, ‘‘You know, it’s too bad because for consideration of the bill (H.R. 1270) to reforming the IRS. For weeks the amend the Nuclear Waste Policy Act of 1982. in the school district that I’m in, a lot White House was signaling that they The first reading of the bill shall be dis- of these children are from broken were going to battle us on that issue, pensed with. Points of order against consid- homes and they need hugging more and they issued repeated pronounce- eration of the bill for failure to comply with than they need A’s.’’ ments defending the IRS. When the section 306 of the Congressional Budget Act of 1974 are waived. General debate shall be Another teacher told me she cannot White House decided this was an get parents to participate in the PTA confined to the bill and shall not exceed unsustainable political position, last eighty minutes, with sixty minutes equally programs anymore because when par- week the White House decided to re- ents come up with good ideas, they just divided and controlled by the chairman and verse course: The administration indi- ranking minority member of the Committee cannot get through the red tape. Then cated it would join Republicans and on Commerce and twenty minutes equally another teacher in Darien, Georgia told work with us to reform the IRS. Today divided and controlled by the chairman and me that she has to spend 2 to 3 hours we see their rhetoric does not match ranking minority member of the Committee each week on paperwork just to keep reality. This weekend Treasury Sec- on Resources. After general debate the bill shall be considered for amendment under the up with the bureaucracy. retary Robert Rubin said the adminis- Mr. Speaker, I believe we need to five-minute rule. It shall be in order to con- tration disagrees with Republican calls sider as an original bill for the purpose of have more local control of school sys- to scrap 17,000 pages of IRS rules and tems. We are going to vote today on a amendment under the five-minute rule the regulations. amendment in the nature of a substitute rec- charter school bill which will give local In proclaiming support for this 17,000 ommended by the Committee on Commerce control and get the bureaucracy out of page monstrosity, the administration now printed in the bill. The committee the classroom so that the teacher can claimed it gives taxpayers ‘‘predict- amendment in the nature of a substitute develop the relationship that is needed ability.’’ Ironically, they are right. The shall be considered as read. Points of order against the committee amendment in the to teach Johnny how to read without a IRS Code is predictably too complex; it bunch of busybody bureaucrats from nature of a substitute for failure to comply predictably favors its political friends; with clause 5(a) of rule XXI or section 306 of the State capitol or Washington, DC, it predictably punishes its political en- telling them what they have to do and the Congressional Budget Act of 1974 are emies. waived. Notwithstanding clause 5(c) of rule what they do not have to do. We will never have real tax reform in XXIII, no amendment to the committee f this country until we do away with amendment in the nature of a substitute HOUSE TO VOTE ON EDUCATION those 17,000 pages of rules and regula- shall be in order except those printed in the tions and give the taxpayers a fairer, report of the Committee on Rules accom- INITIATIVES panying this resolution. Each amendment flatter Tax Code. That is the ‘‘predict- (Mr. GUTKNECHT asked and was may be offered only in the order printed in given permission to address the House ability’’ Americans are seeking, and it the report, may be offered only by a Member for 1 minute and to revise and extend is the predictability they deserve. designated in the report, shall be considered his remarks.) f as read, shall be debatable for the time speci- Mr. GUTKNECHT. Mr. Speaker, fied in the report equally divided and con- PERSONAL EXPLANATION trolled by the proponent and an opponent, today and most of this week we are shall not be subject to amendment, and shall Mrs. MCCARTHY of New York. Mr. going to be voting on education initia- not be subject to a demand for division of the tives. I want to call my colleagues’ at- Speaker, on Friday, October 24, I had question in the House or in the Committee of tention to what has been happening the pleasure of attending the wedding the Whole. Points of order against the last back in my home State of Minnesota. of my son Kevin and daughter-in-law amendment printed in the report of the Com- Our Governor, Arne Carlson, decided Leslie. Consequently, I was unable to mittee on Rules for failure to comply with several years ago that ultimately what vote on rollcall votes 526 through 531. clause 5(a) of rule XXI or section 306 of the we need to do was empower parents and Had I been present, I would have Congressional Budget Act of 1974 are waived. The Chairman of the Committee of the decentralize what is happening in edu- voted ‘‘yes’’ on rollcall vote 526; ‘‘yes’’ on rollcall vote 527; ‘‘yes’’ on rollcall Whole may: (1) postpone until a time during cation. The net result is in this year’s further consideration in the Committee of legislature back in Minnesota, they No. 528; ‘‘no’’ on rollcall 529; ‘‘no’’ on the Whole a request for a recorded vote on passed some of the most wide-ranging rollcall No. 530; ‘‘yes’’ on rollcall vote any amendment; and (2) reduce to five min- tax reforms I think in any State in the 531. utes the minimum time for electronic voting Union. I am proud of that. Most par- f on any postponed question that follows an- ents in the State of Minnesota are other electronic vote without intervening proud of it as well. REMOVAL OF NAME OF MEMBER business, provided that the minimum time AS COSPONSOR OF H.R. 2527 for electronic voting on the first in any se- What they included was tax credits ries of questions shall be fifteen minutes. and tax deductibility, making it easier Ms. DELAURO. Mr. Speaker, I ask After a motion that the Committee rise has for parents to send their kids to the unanimous consent to have my name been rejected on a day, the Chairman may school that they choose, not that is removed as cosponsor of H.R. 2527. entertain another such motion on that day October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9631 only if offered by the majority leader or his Brown (FL) Hastings (FL) Morella Stupak Towns Weldon (PA) designee. After a motion to strike out the Brown (OH) Hastings (WA) Murtha Sununu Traficant Weller enacting words of the bill (as described in Bryant Hayworth Nadler Tanner Turner Wexler Tauscher Upton Weygand clause 7 of rule XXIII) has been rejected, the Bunning Hefley Neal Burr Hefner Nethercutt Tauzin Velazquez White Chairman may not entertain another such Burton Herger Neumann Taylor (MS) Vento Whitfield motion during further consideration of the Buyer Hill Ney Taylor (NC) Visclosky Wicker bill. At the conclusion of consideration of Callahan Hilliard Northup Thomas Walsh Wise the bill for amendment the Committee shall Calvert Hinchey Norwood Thompson Wamp Wolf rise and report the bill to the House with Camp Hinojosa Nussle Thornberry Waters Woolsey such amendments as may have been adopted. Campbell Hobson Oberstar Thune Watkins Wynn Canady Hoekstra Ortiz Thurman Watt (NC) Young (FL) Any Member may demand a separate vote in Tiahrt Watts (OK) the House on any amendment adopted in the Cannon Holden Owens Cardin Hooley Oxley Tierney Waxman Committee of the Whole to the bill or to the Carson Horn Packard NOT VOTING—29 committee amendment in the nature of a Castle Hostettler Pallone substitute. The previous question shall be Chabot Hoyer Pappas Bono Hansen Rodriguez considered as ordered on the bill and amend- Chambliss Hulshof Parker Brown (CA) Houghton Rogan ments thereto to final passage without inter- Chenoweth Hunter Pastor Conyers Johnson, Sam Scarborough vening motion except one motion to recom- Christensen Hutchinson Paul Cubin Kelly Schiff Dickey Martinez Stokes mit with or without instructions. Clay Hyde Paxon Clayton Inglis Pease English McIntosh Talent SEC. 2. After passage of H.R. 1270, it shall Clement Istook Peterson (MN) Flake Myrick Weldon (FL) be in order to take from the Speaker’s table Clyburn Jackson-Lee Peterson (PA) Gekas Pascrell Yates the bill, S. 104, and to consider the Senate Coble (TX) Petri Gonzalez Payne Young (AK) bill in the House. Points of order against Coburn Jenkins Pickering Granger Pelosi consideration of the Senate bill for failure to Collins John Pickett b 1221 comply with section 306 of the Congressional Combest Johnson (CT) Pitts Budget Act of 1974 are waived. It shall be in Condit Johnson (WI) Pombo Ms. SLAUGHTER, Mrs. NORTHUP, order to move to strike all after the enacting Cook Johnson, E.B. Pomeroy and Messrs. KENNEDY of Rhode Is- Cooksey Jones Porter land, SAWYER, PACKARD, and clause of the Senate bill and to insert in lieu Costello Kanjorski Portman thereof the provisions of H.R. 1270 as passed Cox Kaptur Poshard HERGER changed their vote from by the House. If the motion is adopted and Coyne Kasich Price (NC) ‘‘yea’’ to ‘‘nay.’’ the Senate bill, as amended, is passed, then Cramer Kennedy (MA) Pryce (OH) Mr. MARKEY changed his vote from it shall be in order to move that the House Crane Kennedy (RI) Quinn ‘‘nay’’ to ‘‘yea.’’ insist on its amendment to S. 104 and request Crapo Kennelly Radanovich So the motion to adjourn was re- a conference with the Senate thereon. Cummings Kildee Rahall Cunningham Kilpatrick Ramstad jected. f Danner Kim Rangel The result of the vote was announced Davis (FL) Kind (WI) Redmond as above recorded. b 1200 Davis (IL) King (NY) Regula Davis (VA) Kingston Reyes f MOTION TO ADJOURN Deal Kleczka Riggs PROVIDING FOR CONSIDERATION DeLauro Klink Riley Mr. ENSIGN. Mr. Speaker, I move DeLay Klug Rivers OF H.R. 1270, NUCLEAR WASTE that the House do now adjourn. Deutsch Knollenberg Roemer POLICY ACT OF 1997 Diaz-Balart Kolbe Rogers The SPEAKER pro tempore (Mr. Dicks Kucinich Rohrabacher The SPEAKER pro tempore (Mr. LAHOOD). The question is on the mo- Dingell LaHood Ros-Lehtinen LAHOOD). The gentleman from Wash- tion to adjourn offered by the gen- Dixon Lampson Rothman ington [Mr. HASTINGS] is recognized for Doggett Lantos Roukema tleman from Nevada [Mr. ENSIGN]. 1 hour. Dooley Largent Roybal-Allard Mr. HASTINGS of Washington. Mr. The question was taken; and the Doolittle Latham Royce Speaker pro tempore announced that Doyle LaTourette Rush Speaker, for purposes of debate only, I the noes appeared to have it. Dreier Lazio Ryun yield the customary 30 minutes to the Duncan Leach Sabo distinguished gentleman from Ohio Mr. ENSIGN. Mr. Speaker, I object to Dunn Levin Salmon the vote on the ground that a quorum Edwards Lewis (KY) Sanchez [Mr. HALL], pending which I yield my- is not present and make the point of Ehlers Linder Sanders self such time as I may consume. Dur- order that a quorum is not present. Ehrlich Lipinski Sandlin ing consideration of the resolution, all Emerson Livingston Sanford time yielded is for purposes of debate The SPEAKER pro tempore. Evi- Engel LoBiondo Sawyer dently a quorum is not present. Etheridge Lofgren Saxton only. (Mr. HASTINGS of Washington asked The Sergeant at Arms will notify ab- Evans Lowey Schaefer, Dan Everett Lucas Schaffer, Bob and was given permission to revise and sent Members. Ewing Luther Schumer extend his remarks.) The vote was taken by electronic de- Farr Maloney (CT) Scott Fawell Maloney (NY) Sensenbrenner Mr. HASTINGS of Washington. Mr. vice, and there were—yeas 29, nays 374, Speaker, House Resolution 283 is a not voting 29, as follows: Fazio Manton Serrano Foley Manzullo Sessions structured rule providing for the con- [Roll No. 535] Forbes Mascara Shadegg sideration of H.R. 1270, the Nuclear YEAS—29 Fowler Matsui Shaw Fox McCarthy (MO) Shays Waste Policy Act of 1997. The rule pro- Ackerman Foglietta Lewis (GA) Frank (MA) McCarthy (NY) Sherman vides for 1 hour of general debate Andrews Ford Markey Franks (NJ) McCollum Shimkus equally divided between the chairman DeFazio Gephardt McDermott Frelinghuysen McCrery Shuster and ranking member of the Committee DeGette Gibbons McNulty Frost McDade Sisisky Delahunt Gordon Mink Furse McGovern Skaggs on Commerce, as well as 20 minutes of Dellums Hilleary Obey Gallegly McHale Skeen debate equally divided between the Ensign Jackson (IL) Olver Ganske McHugh Skelton chairman and ranking member of the Eshoo Jefferson Stark Gejdenson McInnis Slaughter Fattah LaFalce Torres Gilchrest McIntyre Smith (MI) Committee on Resources. Filner Lewis (CA) Gillmor McKeon Smith (NJ) The rule makes in order a committee Gilman McKinney Smith (OR) amendment in the nature of a sub- NAYS—374 Goode Meehan Smith (TX) stitute as the base text, and waives Abercrombie Barrett (WI) Blagojevich Goodlatte Meek Smith, Adam Aderholt Bartlett Bliley Goodling Menendez Smith, Linda Congressional Budget Act require- Allen Barton Blumenauer Goss Metcalf Snowbarger ments that the Committee on the Archer Bass Blunt Graham Mica Snyder Budget report provisions within its ju- Armey Bateman Boehlert Green Millender- Solomon risdiction. The rule also waives House Bachus Becerra Boehner Greenwood McDonald Souder Baesler Bentsen Bonilla Gutierrez Miller (CA) Spence rules prohibiting appropriations in an Baker Bereuter Bonior Gutknecht Miller (FL) Spratt authorization measure. Baldacci Berman Borski Hall (OH) Minge Stabenow Mr. Speaker, this rule makes in order Ballenger Berry Boswell Hall (TX) Moakley Stearns 10 amendments, debatable in the order Barcia Bilbray Boucher Hamilton Mollohan Stenholm Barr Bilirakis Boyd Harman Moran (KS) Strickland listed and for the amount of time speci- Barrett (NE) Bishop Brady Hastert Moran (VA) Stump fied in the Committee on Rules report. H9632 CONGRESSIONAL RECORD — HOUSE October 29, 1997 The rule further specifies that time for never been realized in the United Mr. Speaker, I reserve the balance of debate on each amendment shall be States because of political opposition my time. equally divided and controlled by a based more, frankly, on political ideol- Mr. HALL of Ohio. Mr. Speaker, I proponent and an opponent, and that ogy than on sound science. yield myself such time as I may amendments shall not be subject to As a result, Mr. Speaker, nuclear consume. further amendment, and shall not be waste today sits untreated in tem- Mr. Speaker, I thank the gentleman subject for a demand for a division of porary storage sites across the country from Washington [Mr. HASTINGS] for the question in the House or in the that are rapidly reaching their full ca- yielding me this time. This resolution Committee of the Whole. Furthermore, pacity. The amount of such waste is is a structured rule that will allow for the rule waives all points of order large and it is still growing. consideration of H.R. 1270, the Nuclear against the amendment in the nature The nuclear wastes resulting from Waste Policy Act of 1997. Mr. Speaker, of a substitute offered by the gentle- defense production are even less stable. the bill establishes a process to store woman from California [Ms. For example, in my own district at spent nuclear fuel and high-level radio- MILLENDER-MCDONALD]. Hanford, 54 million gallons of liquid active waste. Under the rule, the chairman of the nuclear and hazardous wastes are sit- As my colleague from Washington Committee of the Whole may postpone ting in 177 underground storage tanks has described, this rule provides for 1 votes and reduce the voting time on a just a few miles from the Columbia hour of general debate, equally divided postponed vote to 5 minutes, provided River. In addition, 2,100 metric tons of and controlled by the chairman and it follows a regular 15-minute vote. spent nuclear fuel rests little more ranking minority member of the Com- In addition, the rule provides that than 100 yards from this same river. mittee on Commerce. It also provides after a motion that the Committee rise This pattern is repeated again and 20 minutes of general debate, equally has been rejected on a day, the Chair- again at Savannah River, SC; Rocky divided and controlled by the chairman man may entertain another such mo- Flats, CO; at Oak Ridge in Tennessee; and the ranking minority member of the Committee on Resources. tion on that day only if offered by the at Idaho Engineering Laboratory in Mr. Speaker, only 10 specific amend- majority leader or his designee. The Idaho; and elsewhere. ments may be offered. No other amend- rule also provides that after a motion Clearly, Mr. Speaker, this Congress ments will be in order. to strike the enacting words of the bill has an obligation to act. Just as clear- One of the major environmental has been rejected, the Chairman may ly, there are those in this body who op- problems facing our Nation is disposing not entertain another such motion dur- pose this legislation. Let me empha- of the thousands of tons of spent nu- ing further consideration of the bill. size, I do not want to question their clear fuel and other dangerous radio- Finally, the rule provides for one mo- motives in opposing this bill. No one on active wastes. The bill establishes an tion to recommit with or without in- either side of this issue who has looked interim storage facility at Yucca structions. carefully at the issues could fail to see Mountain for these nuclear wastes. The After passage of H.R. 1270, the rule the seriousness of the problems we bill designates the same site for study provides for the consideration of a mo- face. as a permanent storage facility. tion to call up S. 104, the Senate ver- While I do not want to question their Unfortunately, the geological testing sion of the bill, strike all after the en- motives, I do have some practical ques- of Yucca Mountain has not been com- acting clause, and insert the text of the tions for the critics of H.R. 1270. First, pleted. Moreover, the bill does not con- House-passed version of H.R. 1270. After what do they propose as an alter- sider any other location for a perma- adoption of the motion, the rule makes native? We have done too little for too nent facility. Acting hastily, before we in order a motion for the House to in- long, and the time, frankly, is running have enough valid scientific informa- sist on its amendments to S. 104 and re- out. tion, could burden future generations quest a conference. Would our opponents send us back to with even greater problems than we Mr. Speaker, as a Member who rep- the drawing board and delay this proc- face now. The bill also unnecessarily resents the area that has the largest ess yet once again? Would they leave weakens existing environmental stand- repository of nuclear waste in the this dangerous material stored in hun- ards for acceptable radiation releases. United States, let me take this oppor- dreds of our communities indefinitely? For these reasons, the President would tunity to remind my colleagues that Do they truly favor leaving this mate- veto the bill. Congress not only has a statutory re- rial in deteriorating containers and Mr. Speaker, I am pleased that the sponsibility but a moral obligation to storage pools? These are questions I Committee on Rules made in order a face squarely the issue of long-term think, Mr. Speaker, that need to be ad- number of Democratic amendments storage of nuclear waste. dressed in the debate that will follow among the 10 that may be offered. How- For more than half a century now after the adoption of the rule. ever, more than half of the requested our Nation has faced the challenges Mr. Speaker, there are times when amendments were denied by the Com- and reaped the benefits of nuclear this body must make agonizingly dif- mittee on Rules, including many science. Our ever-growing understand- ficult decisions, and there are times amendments which would have im- ing of the atom has helped to win both when the risks of inaction are simply proved the bill. World War II and the cold war that fol- too great. I believe this is one of those One of the amendments the Commit- lowed. At the same time, nuclear times. This is a sound piece of legisla- tee on Rules denied would make con- science has always made possible the tion. The committees of jurisdiction tractors more responsible for accidents generation of safe, clean electric power have worked long and hard to balance when transporting radioactive wastes. for millions of Americans in ways that the concerns of Members from different There is no reason why American tax- produce far less pollution than many parts of this country. H.R. 1270 may payers should pay if the contractor is other sources of energy. not be perfect, but the rule we have re- at fault, and there is no reason why Having said that, Mr. Speaker, there ported will provide Members an oppor- this amendment should not be offered. is a very large and costly asterisk at- tunity to address their most serious Mr. Speaker, bills reported from the tached to the many benefits of nuclear objections to this bill. Committee on Commerce have been energy. That is the need to deal with The committee has reported a rule traditionally brought to the floor the large quantities of nuclear waste which will permit full and extensive under open rules, and I regret that we that are a byproduct of power genera- debate on all sides of this complex and seem to be ending that tradition. tion in more than 100 reactors across controversial issue. Mr. Speaker, I reserve the balance of this country. my time. b True, we could dramatically reduce 1230 Mr. HASTINGS of Washington. Mr. the waste stream if we treated the Accordingly, I urge my colleagues to Speaker, I yield 4 minutes to the dis- spent fuel produced in our Nation’s pass this rule so that we can proceed tinguished gentleman from Colorado, powerplants as a renewable resource. with the long overdue debate on H.R. Mr. DAN SCHAEFER, subcommittee Unfortunately, however, the tremen- 1270, the Nuclear Waste Policy Act of chairman on the Committee on Com- dous potential for reprocessing has 1997. merce dealing with this legislation. October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9633 (Mr. DAN SCHAEFER of Colorado the House is a simple one. Should Con- Mr. Speaker, one of the amendments asked and was given permission to re- gress really act to fulfill the legal obli- we had on here had to do with private vise and extend his remarks.) gations of the Federal Government? property rights. Republicans came in Mr. DAN SCHAEFER of Colorado. Should they? And should Congress act as part of the Contract With America Mr. Speaker, today the House is con- to maintain progress toward develop- saying that we want to defend the fifth sidering the rule for H.R. 1270, and I ment of a permanent repository? amendment and when the Government think this is a real fair rule. It is one Mr. Speaker, I think that we have to devalues a citizen’s property due to an that provides for 10 amendments, 5 act and we have to act today, and I action that it takes, that it should sponsored by Republican Members and urge Members to support the rule for compensate them for that. The Repub- 5 sponsored by Democrat Members. H.R. 1270. lican leadership would not allow that How much more fair can we get than Mr. HALL of Ohio. Mr. Speaker, I amendment to this bill, H.R. 1270, to that? yield 2 minutes to the gentleman from even be debated. H.R. 1270 was developed by the Com- Georgia [Mr. LEWIS], a fine gentleman Also, Mr. Speaker, they would not mittee on Commerce in a bipartisan and the deputy minority whip. allow an amendment that would pro- manner over the past 21⁄2 years and en- Mr. LEWIS of Georgia. Mr. Speaker, tect our children in our schools from joyed broad bipartisan support in the few bills we consider pose a greater having nuclear waste transported near committee. Last month, the bill was threat to the health and well-being of their schools. reported out by a margin of 43 to 3. It our Nation than the one before us Now, the gentleman who is control- is my hope that H.R. 1270 will enjoy the today. Nuclear waste is a deadly poi- ling time on this side talked about al- broad bipartisan support in the full son, a poison we must not treat lightly. ternatives. Alternatives. The NRC said House. We must develop an intelligent, that dry cask storage on site is safe for This bill has been a long time com- thoughtful, and prudent nuclear waste up to 100 years, keeping it right where ing. Mr. Speaker, 15 years ago, 15 years policy. it is. The most dangerous part of nu- ago, the Nuclear Waste Policy Act of Mr. Speaker, this bill is not intel- clear waste storage is actually trans- 1982 established a nuclear waste pro- ligent. It is not thoughtful. It is not port. So why do we want to do some- gram based on a permanent repository prudent. thing that we do not need to do? This bill would have us move nuclear that was expected to begin operation in They are saying that reactors are waste not just once, but twice. This 1998. However, this repository is well running out of space. No reactor in the bill will require nuclear waste to travel behind schedule and will not begin op- United States has ever shut down be- thousands of miles on our highways cause they were running out of storage eration now until the year 2010. and railroads, through our neighbor- Last year a Federal court ruled that space. There is plenty of room. Yes, hoods, past our homes, down our DOE had a legal duty to begin accept- they might have to build a concrete streets. And in a few years, we may ing the nuclear waste in January 1998. pad or two, put dry casks there, take well do it all over again. Why? Because However, DOE cannot meet its legal these nuclear wastes out of the swim- we do not know if Yucca Mountain is ming pools, but there is plenty of duty to begin acceptance of this waste safe. under current law, since this reposi- room. Mr. Speaker, nuclear waste does not Mr. Speaker, I urge my colleagues to tory will not be operational now until just go away. The poison will be around vote against this rule. This rule is ill- the year 2010 and current law prevents for thousands of years. Our children founded. DOE from developing interim storage and unborn generations will live with Mr. HALL of Ohio. Mr. Speaker, I facilities after a repository is licensed. the nuclear waste we have created with yield 31⁄2 minutes to the gentleman The Federal Government should not the threat of leukemia, cancer, and a from Ohio [Mr. KUCINICH]. shirk its legal responsibility, and the slow, agonizing death. Mr. KUCINICH. Mr. Speaker, the word of the Federal Government should So when we store nuclear waste, let State of Ohio killed a plan to establish mean something to the American peo- us take our time and do it right. Do it a radioactive waste dump because peo- ple. Congress must act to permit DOE right. We should not rush to send these ple in Ohio recognized the dangers of to meet its legal duty under the Nu- poisons through our neighborhoods, moving the waste to our State. I rise in clear Waste Policy Act through accept- down our roads, down our railroads, opposition to this rule and to this bill ance at an interim storage facility. into our streets and into our neighbor- which would permit transport of mil- Although the January 1998 deadline hoods. lions of tons of high-level radioactive is not achievable, it is possible to begin Mr. Speaker, let us slow down. Think waste through 43 States and dump it on acceptance at an interim storage facil- of our children. Think of unborn gen- the good people of Nevada. ity by the year 2002. That is a near- erations, and defeat this ill-conceived b 1245 term date that permits enough time for and dangerous bill. I urge my col- the NRC to license the interim storage leagues to defeat the rule. It is nothing short of a total outrage facility. Mr. HASTINGS of Washington. Mr. that the American people will pay the Failure on the part of DOE to fulfill Speaker, I yield 2 minutes to the gen- price with their health and their tax its legal duties will have a heavy cost. tleman from Nevada [Mr. ENSIGN]. dollars to dispose of waste which comes State public utility commissions and Mr. ENSIGN. Mr. Speaker, first let from commercial nuclear reactors. It is utilities are suing DOE for damages to me say that obviously being from Ne- a bitter irony to those of us who oppose pay for their onsite storage costs. If vada, I am opposed to this rule, but let nuclear waste to be proven right, but the courts order DOE to pay these me give some real reasons to be op- now being forced to accept 15,000 ship- damages, funding for the nuclear waste posed to this rule. ments of waste through our commu- program will dry up and progress to- Mr. Speaker, we came in actually as nities. ward permanent disposal of nuclear a Republican majority saying we want This bill is fundamentally flawed. waste will grind to a halt. to open up the process. We want to The amendments I tried to offer, but Current law also does not protect the allow the democratic process to go for- were not ruled in order would have at consumers. Since 1983, consumers have ward in a fair manner. This bill shuts the very least made the shipments paid $13 billion in fees to fund the nu- down that process. It is not an open safer. In order to protect our densely clear waste program. Unfortunately, rule. It should be an open rule, as the populated urban areas, I offered an only a small part has really been paid gentleman from Ohio [Mr. HALL] said amendment that would prohibit pri- for that. Recently as much as 85 cents earlier. vate companies from transporting high of every dollar contributed by consum- But it also did not allow some very level radioactive waste through any ers has been diverted to other Federal key amendments to be debated on this community larger than 50,000 unless programs, and this is a sham on the floor. This bill waives some of the most the waste originated from that commu- taxpayers in this country. important environmental laws that we nity. That amendment was rejected. This diversion will continue unless have on the books today. That is why The public has a right to know what is Congress amends the fee, tackles this every major environmental group in being trucked through their commu- issue, and goes at it. The issue before this country is opposed to this bill. nities. H9634 CONGRESSIONAL RECORD — HOUSE October 29, 1997 I offered an amendment that would has ever been debated by this body. have all the ideas on the table, particu- require a notice to be published in a Yes, the Committee on Commerce larly when there are very serious pro- newspaper of general circulation in voted this out by a wide margin. But posals of compromises that may ulti- each community through which the let me say that the Committee on Re- mately have to be hammered out in waste would be transported and that sources said no to this bill, the com- this body. I just do not understand why the notice include a complete inven- mittee of joint jurisdiction. my amendment and some of the other tory of the waste to be transported. We In my brief time in Congress, I have very pertinent amendments were not have to be certain that people know done countless floor speeches, special made in order by the rule. Therefore, I what is going on with nuclear waste. orders, sent dear colleague letters out think it is a bad rule and ought to be Yet that amendment was not accepted, innumerable times, participated in na- defeated. so now the people will not know. tional radio shows, and been inter- My amendment would have per- We have to be certain that the con- viewed by the national press on this mitted utilities to spend fees coming tainers which would carry the waste issue. This effort has yielded great into the nuclear waste trust fund for are safe and durable. So I offered an strides toward exposing the gross neg- on-site storage prior to the construc- amendment to mandate that all of ligent effort of the environmental tion of an interim or final repository. these containers used in the transport lobby. It has avoided environmental The fees, as the gentleman from Colo- of the waste be physically crash tested protection, transportation, safety, and rado said, have been collected. They prior to any shipments. None of these health issues, as all my colleagues have have not been doing very much and I amendments were deemed suitable for stated. This House has denied those of think that the fees that the public has a vote by the House of Representatives. us in opposition to this bill the oppor- been paying would be used, could be We must be mindful of the health ef- tunity to debate these issues in an used to keep the nuclear waste at the fects which this waste can have on sur- open and honest forum. facilities until we can decide where it rounding communities. So I offered an This has failed the American people. ought to be permanently buried. amendment which would have required I testified before the Committee on This approach would allow plants to an epidemiological study of the com- Rules asking them to make in order address their waste problem now in- munities surrounding the waste dump five simple amendments. This was a stead of in 2002, the date when H.R. 1270 to be conducted every 5 years after the small request when considering the po- foresees completion of the interim re- first shipment of radioactive waste and tential impact that it could have on pository near Yucca Mountain, because continue every 5 years as long as the the State of Nevada and especially on by next year, Mr. Speaker, 26 nuclear dump exists. Keep in mind, the waste the district that I represent. I am not reactors will have run out of storage will stay radioactive for thousands of here to tie up the floor, but to correct space. This is a problem we must ad- years. the ill-thought-out misgivings of this dress now, not 5 years from now. I also offered an amendment that legislation. I offered this amendment in the Com- would have prevented a temporary This rule will only permit me to offer mittee on Commerce, but withdrew it storage facility from being built until two minor amendments tomorrow, two because it had not yet been reviewed Yucca Mountain is deemed suitable for minor amendments on a bill that could by CBO and scored. I also did it to give storage of high level radioactive waste. devastate the environment, pollute our my colleagues a chance on the commit- It seems logical, but none of these water supplies, contaminate entire tee to consider the measure. It has amendments were deemed suitable. communities across America, and since been scored and will result in no The important question here today maybe, yes, even maybe your commu- additional costs. is, Why do we not have an open rule so nity. My amendment addresses many of that the House of Representatives will Vote no on the rule and allow our the problems not addressed by H.R. be able to debate these and other criti- voices to be heard and permit this in- 1270. First, we all agree that the aver- cal issues on the House floor? When the stitution to do its work. age ratepayer has been on the short American people find out what is really Mr. HALL of Ohio. Mr. Speaker, I end of the stick during this process as in this bill, there will be a deafening yield 4 minutes to the gentleman from the trust fund is used to balance the outcry. It will not be long before we New York [Mr. ENGEL]. budget, not for this purpose. My will be hearing across the country a Mr. ENGEL. Mr. Speaker, I thank amendment would have put our con- phrase similar to ‘‘hell no, we won’t the gentleman for yielding me the stituents’ money to its designated pur- glow,’’ as 15,000 shipments of nuclear time. pose, storage of spent nuclear fuel. waste comes rolling through the back- I rise today in opposition to the rule. Second, it would allow power-plants yards of the people of the United I am a member of the Committee on which are running out of pool space to States. Commerce, the committee with juris- create interim storage on site without Members, do not let anyone tells us diction, and went before the Commit- passing all of the massive costs to the we have no choice but to pass this. tee on Rules with an amendment that I taxpayers on top of fees they pay to There is an alternative. Do not move think is a very good compromise and the trust fund. the waste. The sites where the waste certainly something that should be dis- Third, it allows the powerplants an exists will continue to be contaminated cussed with regard to this very impor- economically viable way to stay open for thousands of years. Vote no on the tant issue. My amendment was not when they run out of storage space rule; vote no on this bill. made in order so I will oppose the rule. and, again, the nuclear waste would Mr. HASTINGS of Washington. Mr. I agree with the gentleman from Ne- not have to be trucked through our Speaker, I yield 2 minutes to the gen- vada [Mr. ENSIGN] that on such an im- communities because it would be able tleman from Nevada [Mr. GIBBONS]. portant issue as this, when we are es- to be stored at the site itself. (Mr. GIBBONS asked and was given sentially debating nuclear policy in Fourth, it offers a method to provide permission to revise and extend his re- this country, we should have allowed interim storage without the inherent marks.) an open rule or, at the very least, we risks in transportation and security Mr. GIBBONS. Mr. Speaker, I thank should have allowed pertinent amend- and without creating powerful momen- the gentleman for yielding me the ments, certainly from members of the tum for starting the permanent reposi- time. committee, to be able to present those tory at Yucca Mountain before the I rise today in strong opposition to amendments. science is completed, before the study this rule. Today this institution has We all know that the President is is completed. literally declared nuclear war on Ne- probably going to veto this bill in its So once again, Mr. Speaker, I must vada. This institution has failed not current form and even though I voted unfortunately oppose the rule for H.R. just the people of Nevada, but all of for the bill in committee, we know that 1270, because my amendment was not America. What could have been an we will probably have to come back made in order and other amendments open and honest debate on H.R. 1270 is next year and debate this again. And if were not made in order. If we cannot now limited to a very narrow attempt we are going to debate the issue of nu- have a very important discussion of to approve one of the worst bills that clear waste, then certainly we need to this very important issue, then I think October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9635 the rule is defective and ought to be de- Now it is 10 years later and Congress make the trucking company liable. If feated. is unhappy with the pace of 10 years of someone brought nitroglycerin through Mr. HASTINGS of Washington. Mr. the Reagan and Bush administrations our neighborhood and there was an ex- Speaker, how much time remains on and 5 years of the Clinton administra- plosion, we could sue them. If they both sides? tion’s DOE trying to determine if this brought TNT through our neighbor- The SPEAKER pro tempore (Mr. site is the right place. hood and it exploded, we could sue LAHOOD). The gentleman from Wash- So what are we saying today? We are them. But if they bring nuclear waste ington [Mr. HASTINGS] has 151⁄2 minutes saying, we are not going to bury it per- through the neighborhood, we here this remaining, and the gentleman from manently at Yucca Mountain. We are Congress are saying the trucking com- Ohio [Mr. HALL] has 18 minutes re- giving up on a permanent burial. We pany should not be liable. maining. are going to build an above-ground My amendment has not been allowed Mr. HASTINGS of Washington. Mr. mausoleum for all this stuff and we are to be put in order. And why is that? Be- Speaker, I yield 2 minutes to the gen- going to ship it across the country to cause this generation that enjoyed nu- tleman from Minnesota [Mr. this site. We are giving up. clear power does not want to pay the GUTKNECHT]. We are going to have a vote here price of burying this waste perma- Mr. GUTKNECHT. Mr. Speaker, I rise today to never bury nuclear waste per- nently. It is going to cost a lot of in strong support of this rule and this manently in the United States. We are money. Instead, we engage in a ther- bill. building an above-ground facility. We monuclear ponzi game. We get the ben- Some will argue that we need more are sticking this nuclear queen of efit of the electricity. We pass on to spades, because no one else wants it, time to study, we need more time to three or four generations from now the with Nevada. They lose. Fifty States, debate. I would suggest this issue has responsibility of finding a way of bury- 50 cards, they lose. And they lose be- been debated and has been studied for ing it because we are not going to do it. cause Texas does not want it. Louisi- years and years. In fact, ratepayers Today is the official buck-passing around the United States have paid $13 ana does not want it. Washington State does not want it. Massachusetts does day intergenerationally. In the same billion, and let us remind every Mem- way that Congress irresponsibly for 20 ber who may be listening to this debate not want it. New York does not want it. You can be pronuclear all you want, years kept passing on the deficit to the that a promise is a promise. next generation, we are now doing the Since the dawn of the nuclear age but when we say, how would you like all the spent fuel from nuclear power- same thing with environmental issues. and since the first nuclear powerplant, Rather than bearing the burden today the Federal Government has promised plants, it is, not in my backyard, no thanks. We are picking Nevada. for the benefits that this generation re- that we would find a permanent stor- ceived from the electricity generated age site. This bill would recognize that So I asked the committee for a rule, if you are going to ship all of this stuff from this source of power, we are all the Department of Energy has an obli- saying here today, well, we get a lot of gation to create a storage area in an across America in trucks. Guess what they do? They say that for the purposes electric utility executives that just area about the size of the State of Con- want it off-site. Do we think they are necticut and this recognizes that it is of ensuring that we get it off site in all these individual States, we are going to ever going to call back again once they time that we live up to that end of our get it off-site? I do not think so. bargain. The Federal court of appeals have in this bill something that says This rule should have more opportu- has ruled that we have that obligation. that it is not a major Federal action. nities for amendments to be made to It is a binding obligation under the 1982 That is right, Mr. Speaker. This bill cure the defects that are in it. I hope Nuclear Waste Policy Act. says that putting all the nuclear waste that the Members vote ‘‘no.’’ Mr. Speaker, I think the time has in America on railroad cars, in trucks long since passed for Congress to take shipping it to Nevada, storing it there Mr. HASTINGS of Washington. Mr. action. Where I come from a deal is a for 10,000 years is not a major Federal Speaker, I reserve the balance of my deal and a bargain is a bargain. The action. As a result, you suspend NEPA, time. time has come for us as representatives the constitution of the environment of Mr. HALL of Ohio. Mr. Speaker, I 1 of the Federal Government to live up the United States, and the National yield 1 ⁄2 minutes to the gentlewoman to our end of that bargain. Environmental Policy Act. from Colorado [Ms. DEGETTE]. Mr. HALL of Ohio. Mr. Speaker, I b 1300 Ms. DEGETTE. Mr. Speaker, I thank the gentleman from Ohio [Mr. HALL] yield 5 minutes and 30 seconds to the We suspend it. So we can assume a gentleman from Massachusetts [Mr. lot of things. We can assume it is going for yielding me the time. MARKEY]. to be safe. We can assume that we do Mr. Speaker, I oppose this rule be- Mr. MARKEY. Mr. Speaker, we are not need extra protections. That is cause it fails to address the concerns making one of the most important en- what we are doing here. Not scientists, my colleagues and I have with this nu- vironmental decisions that the Con- not geologists, not physicians, Con- clear waste bill. The Committee on gress has ever been confronted with. gress is assuming it is going to be safe, Rules decided not to grant an open rule We are going to take all of the nuclear nuclear waste. Nobody wants it. ‘‘Don’t for the consideration of the bill, and it waste that has ever been generated at get it near me.’’ It is like kryptonite. has precluded debate on the important any nuclear powerplant in the United ‘‘Don’t get it near my district.’’ We are environmental aspects of the bill. I am States, and we are going to find one lo- going to assume it is safe. deeply concerned that, given the im- cation somewhere in the United States, So, believe it or not, in this bill they portance of this legislation and given and we are going to dump it all there. say that if there is a trucking company the severe environmental impacts, that Now, one would think on an issue of and they get the contract from DOE to the process for full, fair and open de- such grave importance that we would ship all this stuff in thousands of bate has been precluded. have a very well-thought-out scientific truckloads all across the country, that In the Committee on Commerce I of- process that we would use. In fact, we the trucking company is indemnified fered an amendment which would re- are doing just the opposite. In 1982, we against any lawsuit even if they engage quire that the interim and permanent did set up a process that would find the in willful gross misconduct. That is nuclear waste storage disposal site con- best scientifically obtainable site in right. If they hire truck drivers who form to the National Environmental the United States. And in 1987, Con- are drunk, who are on antidepressants, Policy Act or NEPA. In the Committee gress got a little frustrated and they who are driving after midnight 100 on Rules my colleague from Nevada said, no, we are not going to have that miles an hour through our neighbor- [Mr. ENSIGN] and I wanted to offer this search. We are going to pick Yucca hood and they crash through our neigh- amendment on the floor. We believe it Mountain in Nevada. We do not know if borhood and leave a nuclear waste is important that NEPA allow a thor- that is the right site, but we are pick- dump there for generations, we cannot ough review of the environmental as- ing it. Congress is picking it. Not ge- sue the trucking company. pects when the Federal Government ologists, not scientists, but Congress Now, I asked for an amendment to be undertakes a major action, such as picked it. placed in order, that at least we can storage of high-level nuclear waste at H9636 CONGRESSIONAL RECORD — HOUSE October 29, 1997 this site. We have the NEPA law in ef- ly a puzzling choice for nuclear waste accept foreign spent fuel, and we want fect today because there is an impor- storage, but a frightening one indeed. to because we do not want it reproc- tant need for the Federal Government Mr. Speaker, President Clinton has essed and used against us by the wrong to honestly consider all of the rami- promised to veto this misguided legis- hands. And I do not disagree with that, fications and options before it takes lation, and I applaud him for his lead- for sure. such an important environmental step. ership. The President understands that So I will be asking unanimous con- In this case, we are going to pool we already have a process in place to sent when I offer my amendment, that high-level nuclear waste from our Na- study and determine how best to deal will retrofit it with language that says tion’s power plants which will stay with these toxic materials, and amend- whenever there is an international there for the next 10 to 10,000 years. ing that process in a way that endan- agreement that allows for our taking, This is an environmental impact we gers our Nation’s families is simply un- or a military agreement which allows cannot ignore. I urge a ‘‘no’’ vote on acceptable. for our taking in foreign spent fuel, the rule and on the bill. This legislation would subvert rea- that it would be so allowed, but that Mr. HALL of Ohio. Mr. Speaker, I sonable safety measures established by the commercialization of dumping nu- yield 3 minutes to the gentleman from the National Environmental Policy Act clear spent waste fuel would be prohib- Massachusetts [Mr. MCGOVERN]. and Environmental Protection Agency, ited. Mr. McGOVERN. Mr. Speaker, trans- safety measures designed to protect So that is what it is. I am going to porting hazardous waste is a dangerous communities all across the Nation support this rule. I normally support business, and transporting nuclear from the devastating effects of nuclear the rule. I think the Committee on waste is certainly the most dangerous waste spills. Rules has been very, very fair, and I business of all. That is why I rise in op- Certainly we all understand the need am hoping that some of these other position to this rule and to this legisla- to effectively deal with nuclear waste, agreements that are of concern to the tion which would seriously undermine but we have a moral obligation to our gentleman from Nevada [Mr. GIBBONS] our efforts to keep our communities Nation to go about it in a way that and the gentleman from Nevada [Mr. safe from nuclear waste. protects our children and safeguards ENSIGN] can be worked out. I have the Over the past 10 years my own State our environment. I strongly urge my highest regard for both of them. of Massachusetts witnessed more than colleagues to say ‘‘no’’ to this rule, Mr. Speaker, I thank the gentleman 2,200 transportation-related accidents ‘‘no’’ to this legislation, and ‘‘yes’’ to from Ohio [Mr. HALL], one the deans that resulted in the release of hazard- our future. now for such a young man in the Con- ous materials. Fifty-two of those acci- Mr. HALL of Ohio. Mr. Speaker, I gress, for yielding me the time. dents resulted in individual injuries yield 3 minutes to the gentleman from Mr. HASTINGS of Washington. Mr. costing more than $5.25 million in dam- Ohio [Mr. TRAFICANT]. Speaker, I yield 2 minutes to the gen- ages. Mr. TRAFICANT. Mr. Speaker, I sup- tleman from Nevada [Mr. GIBBONS]. Fortunately, we do not ship a great port the rule, and I wanted to com- Mr. GIBBONS. Mr. Speaker, I thank deal of nuclear waste. Over the past 30 mend the gentleman from New York the gentleman for yielding. years we have shipped less than 2,500 [Mr. SOLOMON]. He never ducks tough I did want to respond, of course, to truckloads of this incredibly dangerous issues. It is tough lining up on an issue some of the assertions made by my col- material. But if this bill becomes law, on the gentleman from Nevada [Mr. league from Minnesota that the Fed- my State of Massachusetts will see GIBBONS], but I think he has done one eral court has obligated us to accept over 100,000 more shipments over the of the greatest jobs in the country. I the nuclear energy industry’s waste. next 30 years. That is more than a mean that. That is just not so. 4,000-percent increase. But I have two amendments. One H.R. 1270 will state that the Federal If only 1 percent of transported radio- says, look, if we are going to spend court is legally bound to begin accept- active waste were released, the Depart- money, and the bill is trying to buy ing waste by January 31, 1998. That is ment of Energy has estimated that it American products, and I want to not what the court said. The court would contaminate 42 square miles, thank the gentleman from New York ruled, in Indiana Michigan Power ver- would require 460 days to deal with, [Mr. SOLOMON] for helping us buy more sus DOE, that the Department of En- and would cost over $620 million to American products. He helped me ever ergy needs to determine whether or not clean up. That would spell disaster for since I was a new Member, and I appre- the delay in beginning the disposal of families throughout my district and all ciate it. spent fuel is unavoidable within the across this Nation. The other amendment has been a lit- meaning of Article IX of their con- Who exactly would be affected? Well, tle bit of a controversy. This is a con- tract. the State of Nevada has prepared a troversial bill. But the chairman, the Article IX provides, in brief, that map using the Department of Energy’s gentleman from Colorado, Mr. DAN ‘‘neither the Government nor the con- own computer code, demonstrating SCHAEFER, and the ranking member, tractor or contract holder shall be lia- that one truck path would run right the gentleman from Texas, Mr. HALL, ble for damages caused by failure to through a dozen communities in my do not duck controversial issues, and I perform its obligations if such failure own congressional district. This map am hoping that there could be some arises out of causes beyond and with- shows that the towns of Mansfield, workout here and agreement that out the fault or negligence of the party Foxborough, Wrentham, Plainville, would reach the agreement of all of failing to perform. In the event of an Franklin, Hopkinton, Westborough, Congress. But Congress must work its unavoidable delay, the parties are to Grafton, Auburn, and my hometown of will. readjust schedules as appropriate to ac- Worcester would all be at risk under But the second Traficant amend- commodate the delay.’’ this legislation, and I cannot let that ment, known as No. 3, is very signifi- Let me read that again: ‘‘In the event happen. cant. It is very controversial to be of an unavoidable delay, the parties are Section 501 of this bill ignores all of transporting and storing spent nuclear to readjust schedules as appropriate to our efforts to craft balanced environ- fuel and waste, but what is worse is if accommodate the delay.’’ mental laws by exempting every envi- America would become the dumping The Office of Civilian Radioactive ronmental regulation with which every ground for nuclear spent fuel around Waste Management contends that the other project in this Nation must com- the world. So the Traficant original delay was unavoidable and the Depart- ply. If that were not bad enough, we amendment was designed to say, look, ment of Energy would not be liable and are learning more and more about the this deals with American spent nuclear not be required to accept this nuclear potential hazards of the site at Yucca fuel and the storage of only American waste. Mountain, NV. Yucca Mountain is in nuclear spent fuel. My colleagues, I urge a ‘‘no’’ vote on the middle of a major fault line, and But then I did come to an under- this rule because the House fails to un- evidence shows that seismic activity at standing that there are certain inter- derstand that the law does not require that site is greater than anticipated. national agreements and memoran- the Federal Government to begin ac- That makes Yucca Mountain not mere- dums of understanding whereby we do cepting nuclear waste. That is what October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9637 the court said in Indiana Michigan Mr. HASTINGS of Washington. Mr. odd, and lo and behold, there is the Power versus DOE. Speaker, I yield such time as he may gentleman from New York [Mr. BOEH- Mr. HASTINGS of Washington. Mr. consume to the gentleman from New LERT]. He is the leader of the green Re- Speaker, I yield 2 minutes to the other York [Mr. SOLOMON], the distinguished publicans. He is a cosponsor. Then you distinguished gentleman from Nevada chairman of the Committee on Rules. have got JERRY SOLOMON, me, and I am [Mr. ENSIGN]. Mr. SOLOMON. Mr. Speaker, I thank the leader of the opposite. I am the Mr. ENSIGN. Mr. Speaker, I thank the gentleman for yielding me this leader of property rights in this Con- the gentleman from Washington [Mr. time. I would say to the previous gress. It seems to me that we have got HASTINGS] for yielding me the time. speaker, I hope he did not say that this everybody for this bill. Let me reemphasize a couple of rule was phony. I hope I misunderstood Some of the people were complaining points my colleague, the gentleman what he said. this bill is not fair. Mr. Speaker, we from Nevada [Mr. GIBBONS] brought up: Mr. Speaker, let me just say I rise in have 6 legislative days left before we first of all, that the court decision that very, very strong support of this rule get out of here on November 7, these everybody talks about, that we have an and of this bill. I want to say right off are full legislative days, when Members obligation to take this waste, that the the bat that if I ever had to go into ought to get out of here and go back Federal Government has, what the gen- combat, by golly, there are two people home and meet with their constitu- tleman from Nevada [Mr. GIBBONS] said in this body I would want by my side. ents. We should not even be here 10 is true. Also, in the court they did say One is the gentleman from Nevada [Mr. months out of the year in the first that some kind of a remedy must take ENSIGN], and one is the gentleman from place. We ought to be here 3 or 4 place. Nevada [Mr. GIBBONS]. I hope we live to months and then back in our districts However, there are all kind of op- fight many battles on this floor in the representing our people. People are tions on those remedies. Those options future side by side. complaining. They want to stay here. range from escrowing nuclear waste Let me also comment on the very el- Sure, we could have had an open rule trust fund fees, taking title on site, or oquent gentleman from Massachusetts on this bill and we could have spent 4 setting up an interim storage facility [Mr. MARKEY], who was here a few min- days on it, 4 out of the 6 remaining in the current law anywhere other than utes ago, because he really was good. days. My colleagues know that is not the State of Nevada. This bill seeks to He always is. He is very eloquent and possible. We made 5 Democrat amend- change current law, to wipe it out, say- he has done his homework. But he is ments in order. They are significant ing that permanent repository State really criticizing this bill and that amendments as I read them. We made 4 also gets interim. In the first two bills mystifies me, because this bill was re- Republican amendments in order, two on nuclear waste, whatever State was ported out of the Committee on Com- going to get permanent could not get by the gentleman from Nevada [Mr. merce, which is a committee made up ENSIGN] and two by the gentleman interim because it would prejudice the of a really diverse membership of this siting, whether it is suitable or not to from Nevada [Mr. GIBBONS]. One of body, a real cross-section. We have got those gentlemen stood up here and put nuclear waste in a deep geological liberals, we have got conservatives and storage facility. they said that, well, they are minor moderates from both political parties. and insignificant amendments. I am Let me just mention a couple things The bill was reported 43–3. That means on transport of the waste, as well, be- going to tell these two gentlemen and that all these liberals and these con- anybody else in this body, do not ever cause this is really one of the big is- servatives from the far right and the sues. In Germany they tried to trans- come to the Committee on Rules and far left and in the middle must have offer to make in order insignificant port high-level nuclear waste approxi- voted for this bill. Let me read the mately 300 miles, just 300 miles, not and minor amendments. I do not want Democrats, because this floors me to waste my time up there. If you want thousands of miles like we are going to when the gentleman from Massachu- do in this country, just 300 miles. It to have serious amendments, come up setts [Mr. MARKEY] stands up here, he took 30,000 police officers because there there and offer them and we will make says, ‘‘We are against this bill.’’ Well, them in order. was so much civil unrest because of the who is ‘‘we’’? The gentleman from transport of this waste. One hundred Let me just give my colleagues an ex- Michigan [Mr. DINGELL]? I mean, the ample of one of these. The gentleman seventy-three people were injured dur- dean of this delegation, of the Demo- ing this ruckus. There are going to be from Nevada [Mr. ENSIGN] has an cratic side and of this whole Congress amendment made in order that ensures similar types of civil disobedience, we who has been here for how many years? can bet on it, in America if we go to that a risk assessment study and a Forty some years. He is for this bill. So cost-benefit analysis are conducted transporting nuclear waste. The sad is the gentleman from Texas [Mr. thing about it is it is not necessary. prior to any action being taken under HALL]. Then we have the gentleman The technology exists to do on-site dry this act. I think that is significant. from Virginia [Mr. BOUCHER]. The gen- cast storage right where it is. Here is another by the gentleman from tleman from New York [Mr. TOWNS]. And reprocessing has been talked Nevada [Mr. GIBBONS], who I want by The gentleman from New Jersey [Mr. about today. It was talked about by the my side. He says: PALLONE], who is a noted green advo- gentleman who manages time on this The Governor of each State, with nuclear cate in this Congress who takes this side. If we ever want to get to reproc- waste routes, shall certify that ‘‘emergency well day after day. He voted for this essing, once we ship it to Nevada, we response teams’’ exist and can properly man- bill. The gentleman from Tennessee will never be able to reprocess. That age any nuclear accident before transpor- [Mr. GORDON], the gentleman from tation plans can be implemented by the Sec- will end that debate forever. Florida [Mr. DEUTSCH], the gentleman retary. b 1315 from Illinois [Mr. RUSH], the gen- I think that is very significant. I Mr. HALL of Ohio. Mr. Speaker, I tleman from Pennsylvania [Mr. KLINK], have two prototype nuclear reactors in yield myself such time as I may the gentleman from Michigan [Mr. my district in the Adirondack Moun- consume. I would ask Members to vote STUPAK]. The gentleman from New tains, where we train most of the nu- against the rule. I think that Repub- York [Mr. ENGEL], who was just here clear sailors. We do not train them licans and Democrats on both sides feel complaining in the well about the bill, down in Groton, CT, on the sea. We that the rule is faulty, it is a struc- voted for this bill. The gentleman from train them up in the mountains. What tured rule, it is not open. There are Maryland [Mr. WYNN], the gentleman are we going to do with that waste up amendments that should be in order from Texas [Mr. GREEN], the gentle- there? We are going to have to get it that are not in order. I think in the bill woman from Missouri [Ms. MCCARTHY], out of there. We are going to take it to itself, while I am not an expert on this the gentleman from Ohio [Mr. Nevada. issue, the bill really appears to be very STRICKLAND], the gentlewoman from Mr. Speaker, I think I have just deficient. For that reason, I would ask Colorado [Ms. DEGETTE]. No, she did about covered it, except to say that that the House vote against the rule. not. I beg your pardon. She was one of some other people were complaining Mr. Speaker, I yield back the balance the 3 that voted against it. But I look there was not much time allocated. By of my time. at the cosponsors of this bill, 160 some the time the Members have finished H9638 CONGRESSIONAL RECORD — HOUSE October 29, 1997 today they will have spent more than 6 Nethercutt Rogers Spratt b 1343 hours on this bill. How many times Ney Rohrabacher Stearns Northup Ros-Lehtinen Stenholm Messrs. OBEY, McNULTY, and have we dealt with the national defense Norwood Roukema Strickland HOLDEN changed their vote from budget of this country and not spent 6 Nussle Royce Stump ‘‘yea’’ to ‘‘nay.’’ hours spending $280 billion of the tax- Oxley Rush Stupak Sununu Mrs. CLAYTON and Messrs. HUTCH- payers’ money? This rule is fair. The Packard Ryun Pappas Sabo Tanner INSON, COX of California, BOSWELL, Tauzin bill is good. Members ought to come Parker Salmon LEWIS of California, and RUSH Taylor (MS) over here, vote for the rule and vote for Pastor Sanchez Thomas changed their vote from ‘‘nay’’ to the bill and let us stop this business. Paul Sandlin Thornberry ‘‘yea.’’ Mr. HASTINGS of Washington. Mr. Paxon Sanford Thune So the resolution was agreed to. Speaker, I yield back the balance of Pease Saxton Thurman Peterson (MN) Schaefer, Dan The result of the vote was announced my time, and I move the previous ques- Tiahrt Peterson (PA) Schaffer, Bob Traficant as above recorded. tion on the resolution. Petri Sensenbrenner Turner A motion to reconsider was laid on The previous question was ordered. Pickering Sessions Upton the table. The SPEAKER pro tempore (Mr. Pickett Shadegg Visclosky Pitts Shaw Walsh f LAHOOD). The question is on the resolu- Pomeroy Shays Watkins PERSONAL EXPLANATION tion. Porter Shimkus Watt (NC) The question was taken; and the Portman Shuster Weldon (PA) Mr. KNOLLENBERG. Mr. Speaker, on roll- Price (NC) Sisisky Weller Speaker pro tempore announced that Wexler call No. 536, I was inadvertently detained. Had Pryce (OH) Skeen I been present, I would have voted ``yes.'' the ayes appeared to have it. Quinn Skelton White Whitfield Mr. ENSIGN. Mr. Speaker, I object to Ramstad Smith (MI) f Wicker the vote on the ground that a quorum Redmond Smith (TX) Young (FL) b 1345 is not present and make the point of Regula Smith, Linda order that a quorum is not present. Riggs Snowbarger PRIVILEGES OF THE HOUSE—DIS- Riley Solomon MISSAL OF CONTEST IN 46TH The SPEAKER pro tempore. Evi- Rogan Spence dently a quorum is not present. DISTRICT OF CALIFORNIA UPON The Sergeant at Arms will notify ab- NAYS—155 EXPIRATION OF OCTOBER 31, 1997 sent Members. Abercrombie Hastings (FL) Obey Mr. GEPHARDT. Mr. Speaker, I rise The vote was taken by electronic de- Ackerman Hilliard Olver to a question of the privileges of the vice, and there were—yeas 259, nays Allen Hinchey Ortiz House, and I send to the desk a privi- Andrews Holden Owens 155, not voting 18, as follows: Baesler Hooley Pallone leged resolution (H. Res. 287) pursuant [Roll No. 536] Baldacci Hoyer Pascrell to rule IX and ask for its immediate Barrett (WI) Jackson (IL) Pombo YEAS—259 consideration. Becerra Jackson-Lee Poshard Radanovich The SPEAKER pro tempore (Mr. Aderholt Crapo Hill Berman (TX) Rahall LAHOOD). The Clerk will report the res- Archer Danner Hilleary Bishop Jefferson Rangel Armey Davis (FL) Hinojosa Johnson (WI) olution. Blagojevich Reyes Bachus Davis (VA) Hobson Blumenauer Kaptur The Clerk read as follows: Baker Deal Hoekstra Rivers Borski Kasich Rodriguez H. RES. 287 Ballenger DeLay Horn Brown (FL) Kennedy (MA) Barcia Deutsch Hostettler Roemer Whereas, Loretta Sanchez was issued a cer- Brown (OH) Kennedy (RI) Barr Diaz-Balart Hulshof Rothman Bryant Kilpatrick tificate of election as the duly elected Mem- Barrett (NE) Dicks Hunter Roybal-Allard Cardin Kind (WI) ber of Congress from the 46th District of Bartlett Dingell Hutchinson Sanders Carson Kingston Sawyer California by the Secretary of State of Cali- Barton Dooley Hyde fornia and was seated by the U.S. House of Bass Doolittle Inglis Christensen Kleczka Schumer Bateman Dreier Istook Clay Kucinich Scott Representatives on January 7, 1997; and Bentsen Duncan Jenkins Conyers LaFalce Serrano Whereas a Notice of Contest of Election Bereuter Dunn John Costello Lantos Sherman was filed with the Clerk of the House by Mr. Berry Edwards Johnson (CT) Coyne Largent Skaggs Robert Dornan on December 26, 1996; and Bilbray Ehlers Johnson, E. B. Cummings Lewis (GA) Slaughter Whereas the Task Force on the Contested Smith (NJ) Bilirakis Ehrlich Johnson, Sam Cunningham Lofgren Election in the 46th District of California Bliley Emerson Jones Davis (IL) Lowey Smith (OR) Smith, Adam met on February 26, 1997 in Washington, D.C. Blunt Eshoo Kanjorski DeFazio Lucas Snyder on April 19, 1997 in Orange County, California Boehlert Etheridge Kennelly DeGette Luther Souder Boehner Everett Kildee Maloney (CT) and October 24, 1997 in Washington, D.C.; and Delahunt Stabenow Bonilla Ewing Kim DeLauro Maloney (NY) Whereas the allegations made by Mr. Rob- Bonior Farr King (NY) Stark ert Dornan have been largely found to be Dellums Markey Talent Bono Fawell Klink Dickey Martinez without merit: charges of improper voting Boswell Fazio Klug Tauscher Dixon Mascara from a business, rather than a resident ad- Boucher Foley LaHood Taylor (NC) Doggett McCarthy (MO) dress; underage voting; double voting; and Boyd Forbes Lampson Thompson Doyle McDermott Brady Fowler Latham Tierney charges of unusually large number of indi- Bunning Franks (NJ) LaTourette Engel McGovern Torres viduals voting from the same address. It was Burr Frelinghuysen Lazio English McHale Towns found that voting from the same address in- Burton Frost Leach Ensign McKinney Velazquez cluded a Marines barracks and the domicile Buyer Gallegly Levin Evans McNulty Vento of nuns, that business addresses were legal Wamp Callahan Ganske Lewis (CA) Fattah Meehan residences for the individuals, including the Filner Menendez Waters Calvert Gejdenson Lewis (KY) zoo keeper of the Santa Ana zoo, that dupli- Camp Gekas Linder Flake Millender- Watts (OK) Campbell Gillmor Lipinski Foglietta McDonald Waxman cate voting was by different individuals and Canady Gilman Livingston Ford Miller (CA) Weygand those accused of underage voting were of Cannon Goode LoBiondo Fox Minge Wise age; and Castle Goodlatte Manton Frank (MA) Mink Woolsey Whereas the Committee on House Over- Chabot Goodling Manzullo Furse Moakley Wynn sight has issued unprecedented subpoenas to Yates Chambliss Gordon McCarthy (NY) Gephardt Moran (VA) Young (AK) the Immigration and Naturalization Service Chenoweth Goss McCollum Gibbons Murtha to compare their records with Orange Coun- Clayton Graham McCrery Gutierrez Nadler Clement Granger McDade ty voter registration records, the first time Hall (OH) Neal in any election in the history of the United Clyburn Green McHugh Hansen Neumann States that the INS has been asked by Con- Coble Greenwood McInnis Harman Oberstar Coburn Gutknecht McIntyre gress to verify the citizenship of voters; and Collins Hall (TX) McKeon NOT VOTING—18 Whereas the INS has complied with the Combest Hamilton Metcalf Committee’s request and, at the Commit- Condit Hastert Mica Brown (CA) Knollenberg Pelosi tee’s request, has been doing a manual check Cook Hastings (WA) Miller (FL) Cubin Kolbe Scarborough Cooksey Hayworth Mollohan Gilchrest Matsui Schiff of its paper files and providing worksheets Cox Hefley Moran (KS) Gonzalez McIntosh Stokes containing supplemental information on Cramer Hefner Morella Houghton Meek Weldon (FL) that manual check to the Committee on Crane Herger Myrick Kelly Payne Wolf House Oversight for over five months; and October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9639 Whereas the Committee on House Over- [Roll No. 537] Frank (MA) Luther Roemer sight, subpoenaed the records seized by the Frost Maloney (CT) Rothman YEAS—218 District Attorney of Orange County on Feb- Furse Maloney (NY) Roybal-Allard Aderholt Gibbons Paul Gejdenson Manton Rush ruary 13, 1997 and has received and reviewed Gephardt Markey Sabo all records pertaining to registration efforts Archer Gilchrest Paxon Armey Gillmor Pease Goode Martinez Sanders of that group; and Bachus Goodlatte Peterson (PA) Gordon Mascara Sandlin Whereas some Members of the House Over- Baker Goodling Petri Green McCarthy (MO) Sawyer sight Committee are now seeking a duplicate Ballenger Goss Pickering Gutierrez McCarthy (NY) Schumer and dilatory review of materials already in Barr Graham Pitts Hall (OH) McDermott Scott Barrett (NE) Granger Pombo Hall (TX) McGovern Serrano the Committees possession by the Secretary Hamilton McHale Sherman of State of California; and Bartlett Greenwood Porter Barton Gutknecht Portman Harman McIntyre Sisisky Whereas the Task Force on the Contested Bass Hansen Pryce (OH) Hastings (FL) McKinney Skaggs Election in the 46th District of California Bateman Hastert Quinn Hefner McNulty Skelton and the Committee have been reviewing Bereuter Hastings (WA) Radanovich Hilliard Meehan Slaughter Bilbray Hayworth Ramstad Hinchey Menendez Smith, Adam these materials and has all the information Hinojosa Millender- Snyder it needs regarding who voted in the 46th Dis- Bilirakis Hefley Redmond Bliley Herger Regula Holden McDonald Spratt trict and all the information it needs to Blunt Hill Riggs Hooley Miller (CA) Stabenow make judgments concerning those votes; and Boehlert Hilleary Riley Hoyer Minge Stark Whereas the Committee on House Over- Boehner Hobson Rogan Jackson (IL) Mink Stenholm sight has after over nine months of review Bonilla Hoekstra Rogers Jackson-Lee Moakley Strickland Bono Horn Rohrabacher (TX) Mollohan Stupak and investigation failed to present credible Jefferson Moran (VA) Tanner evidence to change the outcome of the elec- Brady Hostettler Ros-Lehtinen Bryant Hulshof Roukema John Murtha Tauscher tion of Congresswoman Sanchez and is pur- Bunning Hunter Royce Johnson (WI) Nadler Taylor (MS) suing never ending and unsubstantiated Burr Hutchinson Ryun Johnson, E. B. Neal Thompson areas of review; and Burton Hyde Salmon Kanjorski Oberstar Thurman Buyer Inglis Sanford Kaptur Obey Tierney Whereas, Contestant Robert Dornan has Kennedy (MA) Olver Torres not shown or provided credible evidence that Callahan Istook Saxton Calvert Jenkins Scarborough Kennedy (RI) Ortiz Towns the outcome of the election is other than Camp Johnson (CT) Schaefer, Dan Kennelly Owens Turner Congresswoman Sanchez’s election to the Campbell Johnson, Sam Schaffer, Bob Kildee Pallone Velazquez Congress; and Canady Jones Sensenbrenner Kilpatrick Pascrell Vento Cannon Kasich Sessions Kind (WI) Pastor Visclosky Whereas, the Committee on House Over- Kleczka Pelosi Waters sight should complete its review of this mat- Castle Kim Shadegg Chabot King (NY) Shaw Klink Peterson (MN) Watt (NC) ter and bring this contest to an end and now Chambliss Kingston Shays Kucinich Pickett Waxman therefore be it: Chenoweth Klug Shimkus LaFalce Pomeroy Wexler Resolved, That unless the Committee on Christensen Knollenberg Shuster Lampson Poshard Weygand House Oversight has sooner reported a rec- Coble LaHood Skeen Lantos Price (NC) Wise Coburn Largent Smith (MI) Levin Rahall Woolsey ommendation for its final disposition, the Lewis (GA) Rangel Wynn contest in the 46th District of California is Collins Latham Smith (NJ) Combest LaTourette Smith (OR) Lipinski Reyes Yates dismissed upon the expiration of October 31, Cook Lazio Smith (TX) Lofgren Rivers 1997. Cooksey Leach Smith, Linda Lowey Rodriguez Cox Lewis (CA) Snowbarger The SPEAKER pro tempore. The res- Crane Lewis (KY) Solomon ANSWERED ‘‘PRESENT’’—1 olution constitutes a question of the Crapo Linder Souder Sanchez privileges of the House and must be Cunningham Livingston Spence considered at this time, since offered Davis (VA) LoBiondo Stearns NOT VOTING—13 Deal Lucas Stump Cubin Kolbe Schiff by the minority leader. DeLay Manzullo Sununu Gilman Matsui Stokes Diaz-Balart McCollum Talent MOTION TO TABLE OFFERED BY MR. SOLOMON Gonzalez McIntosh Weldon (FL) Dickey McCrery Tauzin Houghton Meek Doolittle McDade Taylor (NC) Mr. SOLOMON. Mr. Speaker, I offer a Kelly Payne preferential motion to table the resolu- Dreier McHugh Thomas tion. Duncan McInnis Thornberry Dunn McKeon Thune b 1408 The SPEAKER pro tempore. The Ehlers Metcalf Tiahrt Clerk will report the preferential mo- Ehrlich Mica Traficant Mr. BROWN of California changed his Emerson Miller (FL) Upton tion to table. English Moran (KS) Walsh vote from ‘‘yea’’ to ‘‘nay.’’ The Clerk read as follows: Ensign Morella Wamp So the motion to table was agreed to. Everett Myrick Watkins Mr. SOLOMON moves to table the resolu- Ewing Nethercutt Watts (OK) The result of the vote was announced tion, House Resolution 287. Fawell Neumann Weldon (PA) as above recorded. Foley Ney Weller A motion to reconsider was laid on The SPEAKER pro tempore. The Fowler Northup White question is on the motion to table of- Fox Norwood Whitfield the table. fered by the gentleman from New York Franks (NJ) Nussle Wicker Frelinghuysen Oxley Wolf f [Mr. SOLOMON]. Gallegly Packard Young (AK) The question was taken; and the Ganske Pappas Young (FL) Speaker pro tempore announced that Gekas Parker ANNOUNCEMENT BY THE SPEAKER the ayes appeared to have it. NAYS—200 PRO TEMPORE Ms. SLAUGHTER. Mr. Speaker, on Abercrombie Brown (FL) Dellums The SPEAKER pro tempore (Mr. that I demand the yeas and nays. Ackerman Brown (OH) Deutsch LAHOOD). Pursuant to clause 5, rule I, Allen Cardin Dicks The yeas and nays were ordered. Andrews Carson Dingell the Chair will now put the question on The SPEAKER pro tempore. Without Baesler Clay Dixon each motion to suspend the rules on objection, the Chair may reduce to not Baldacci Clayton Doggett which further proceedings were post- Barcia Clement Dooley poned yesterday in the order in which less than 5 minutes the time for a vote Barrett (WI) Clyburn Doyle by the yeas and nays on the question of Becerra Condit Edwards that motion was entertained. suspending the rules and agreeing to Bentsen Conyers Engel Votes will be taken in the following Berman Costello Eshoo House Resolution 139 postponed from Berry Coyne Etheridge order: yesterday, which will be immediately Bishop Cramer Evans House Resolution 139, by the yeas and following this vote. Blagojevich Cummings Farr nays; H.R. 1484, de novo; and H.R. 1479, Blumenauer Danner Fattah There was no objection. Bonior Davis (FL) Fazio de novo. The vote was taken by electronic de- Borski Davis (IL) Filner Pursuant to the order of the House vice, and there were—yeas 218, nays Boswell DeFazio Flake today, the Chair will reduce to 5 min- Boucher DeGette Foglietta 200, answered ‘‘present’’ 1, not voting Boyd Delahunt Forbes utes the time for the first vote in this 13, as follows: Brown (CA) DeLauro Ford series. H9640 CONGRESSIONAL RECORD — HOUSE October 29, 1997 SENSE OF THE HOUSE REGARDING Pascrell Royce Stabenow able to vote. Had I been present, I would have Pastor Ryun Stearns DOLLARS TO THE CLASSROOM Paul Sabo Stenholm voted ``yes.'' The SPEAKER pro tempore. The un- Paxon Salmon Strickland f finished business is the question of sus- Pease Sanchez Stump Peterson (MN) Sandlin Sununu PERSONAL EXPLANATION pending the rules and agreeing to the Peterson (PA) Sanford Talent resolution, H. Res. 139, as amended. Petri Saxton Tanner Mr. HILL. Mr. Speaker, on rollcall No. 538, Pickering Scarborough Tauscher I was inadvertently detained. Had I been The Clerk read the title of the resolu- Pickett Schaefer, Dan Tauzin tion. Pitts Schaffer, Bob Taylor (MS) present, I would have voted ``yes.'' The SPEAKER pro tempore. The Pombo Schumer Taylor (NC) f Pomeroy Sensenbrenner Thomas question is on the motion offered by Porter Sessions Thornberry the gentleman from Pennsylvania [Mr. J. ROY ROWLAND FEDERAL Portman Shadegg Thune COURTHOUSE GOODLING] that House suspend the Poshard Shaw Thurman rules and agree to the resolution, H. Price (NC) Shays Tiahrt The SPEAKER pro tempore (Mr. Pryce (OH) Shimkus Towns Res. 139, as amended, on which the yeas Quinn Shuster Traficant LAHOOD). The unfinished business is and nays are ordered. Radanovich Sisisky Turner the question de novo of suspending the This is a 5-minute vote. Rahall Skeen Upton rules and passing the bill, H.R. 1484, as Ramstad Skelton Walsh amended. The vote was taken by electronic de- Redmond Smith (MI) Wamp vice, and there were— yeas 310, nays 99, Regula Smith (NJ) Watkins The Clerk read the title of the bill. not voting 23, as follows: Riggs Smith (OR) Watts (OK) The SPEAKER pro tempore. The Riley Smith (TX) Weldon (PA) [Roll No. 538] question is on the motion offered by Roemer Smith, Adam Weller the gentleman from California [Mr. YEAS—310 Rogan Smith, Linda White Rogers Snowbarger Whitfield KIM] that the House suspend the rules Aderholt Dickey Johnson, Sam Rohrabacher Snyder Wicker and pass the bill H.R. 1484, as amended. Allen Dicks Jones Ros-Lehtinen Solomon Wolf The question was taken. Archer Dooley Kasich Rothman Souder Young (AK) Armey Doolittle Kennelly Roukema Spence Young (FL) Ms. JACKSON-LEE of Texas. Mr. Bachus Doyle Kilpatrick Speaker, on that I demand the yeas Baesler Dreier Kim NAYS—99 Baker and nays. Duncan King (NY) Abercrombie Gejdenson Ortiz Baldacci The yeas and nays were ordered. Dunn Kingston Ackerman Gephardt Owens Ballenger Edwards Kleczka Andrews Gutierrez Pallone The SPEAKER pro tempore. This is a Barr Ehlers Klink Becerra Hastings (FL) Pelosi 5-minute vote. Barrett (NE) Ehrlich Klug Blagojevich Hilliard Reyes Barrett (WI) The vote was taken by electronic de- Emerson Knollenberg Blumenauer Hinojosa Rivers Bartlett English Kolbe Bonior Jackson (IL) Rodriguez vice, and there were—yeas 414, nays 0, Barton Ensign LaFalce Brown (CA) Jefferson Roybal-Allard not voting 18, as follows: Bass Etheridge LaHood Brown (FL) Johnson, E. B. Rush Bateman [Roll No. 539] Everett Lampson Brown (OH) Kanjorski Sanders Bentsen Fawell Lantos Clay Kaptur Sawyer YEAS—414 Bereuter Fazio Largent Clayton Kennedy (MA) Scott Abercrombie Canady Ehrlich Berman Flake Latham Clyburn Kennedy (RI) Serrano Ackerman Cannon Emerson Berry Foley LaTourette Conyers Kildee Sherman Aderholt Cardin Engel Bilbray Forbes Lazio Coyne Kind (WI) Skaggs Allen Carson English Bilirakis Fowler Leach Cummings Kucinich Slaughter Andrews Castle Ensign Bishop Fox Lewis (CA) Davis (IL) Levin Spratt Archer Chabot Eshoo Bliley Franks (NJ) Lewis (KY) DeGette Lewis (GA) Stark Armey Chambliss Etheridge Blunt Frelinghuysen Linder Delahunt Manton Stupak Bachus Chenoweth Evans Boehlert Gallegly Lipinski DeLauro Markey Thompson Baesler Christensen Everett Boehner Ganske Livingston Dellums Martinez Tierney Baker Clay Ewing Bonilla Gekas LoBiondo Deutsch McCarthy (MO) Torres Baldacci Clayton Farr Bono Gibbons Lofgren Dingell McDermott Velazquez Ballenger Clement Fawell Borski Gilchrest Lowey Dixon McKinney Vento Barcia Clyburn Fazio Boswell Gillmor Lucas Doggett McNulty Visclosky Barr Coble Filner Boucher Gilman Luther Engel Meehan Watt (NC) Barrett (NE) Coburn Flake Boyd Goode Maloney (CT) Eshoo Menendez Waxman Barrett (WI) Collins Foley Brady Goodlatte Maloney (NY) Farr Miller (CA) Wexler Bartlett Combest Forbes Bryant Goodling Manzullo Filner Mink Weygand Barton Condit Ford Bunning Gordon Mascara Foglietta Moakley Wise Bass Cook Fowler Burr Goss Matsui Ford Nadler Woolsey Bateman Cooksey Fox Burton Graham McCarthy (NY) Frank (MA) Neal Wynn Becerra Costello Frank (MA) Buyer Granger McCollum Frost Olver Yates Bentsen Cox Franks (NJ) Callahan Green McCrery Bereuter Coyne Frelinghuysen Calvert Greenwood McDade NOT VOTING—23 Berman Cramer Frost Camp Gutknecht McGovern Barcia Gonzalez Meek Berry Crapo Furse Campbell Hall (OH) McHale Carson Hamilton Payne Bilbray Cummings Gallegly Canady Hall (TX) McHugh Cubin Hastings (WA) Rangel Bilirakis Cunningham Ganske Cannon Hansen McInnis Davis (VA) Hill Schiff Bishop Danner Gejdenson Cardin Harman McIntyre Evans Houghton Stokes Blagojevich Davis (FL) Gekas Castle Hastert McKeon Ewing Hoyer Waters Bliley Davis (IL) Gephardt Chabot Hayworth Metcalf Fattah Kelly Weldon (FL) Blumenauer Davis (VA) Gibbons Chambliss Hefley Mica Furse McIntosh Blunt Deal Gilchrest Chenoweth Hefner Millender- Boehlert DeFazio Gillmor Christensen Herger McDonald b 1417 Boehner DeGette Gilman Clement Hilleary Miller (FL) Bonilla Delahunt Goode Coble Hinchey Minge Mr. WYNN changed his vote from Bonior DeLauro Goodlatte Coburn Hobson Mollohan ‘‘yea’’ to ‘‘nay.’’ Bono DeLay Goodling Collins Hoekstra Moran (KS) Borski Dellums Gordon Combest Holden Moran (VA) So (two-thirds having voted in favor Boswell Deutsch Goss Condit Hooley Morella thereof) the rules were suspended and Boucher Diaz-Balart Graham Cook Horn Murtha the resolution, as amended, was agreed Boyd Dickey Granger Cooksey Hostettler Myrick to. Brady Dicks Green Costello Hulshof Nethercutt Brown (CA) Dingell Greenwood Cox Hunter Neumann The result of the vote was announced Brown (FL) Dixon Gutierrez Cramer Hutchinson Ney as above recorded. Brown (OH) Doggett Gutknecht Crane Hyde Northup A motion to reconsider was laid on Bryant Dooley Hall (OH) Crapo Inglis Norwood Bunning Doolittle Hall (TX) Cunningham Istook Nussle the table. Burr Doyle Hamilton Danner Jackson-Lee Oberstar f Buyer Dreier Hansen Davis (FL) (TX) Obey Callahan Duncan Harman Deal Jenkins Oxley PERSONAL EXPLANATION Calvert Dunn Hastert DeFazio John Packard Camp Edwards Hastings (FL) DeLay Johnson (CT) Pappas Mr. EWING. Mr. Speaker, on rollcall No. Campbell Ehlers Hayworth Diaz-Balart Johnson (WI) Parker 538, I was chairing a subcommittee and un- October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9641 Hefley McHugh Sanders b 1426 Gilchrest Luther Rothman Hefner McInnis Sandlin Gillmor Maloney (CT) Roukema Herger McIntyre Sanford So (two-thirds having voted in favor Gilman Maloney (NY) Roybal-Allard Hill McKeon Sawyer thereof) the rules were suspended and Goode Manton Royce Hilleary McKinney Saxton Goodlatte Manzullo Rush Scarborough the bill, as amended, was passed. Goodling Markey Ryun Hilliard McNulty The result of vote was announced as Hinchey Meehan Schaefer, Dan Gordon Martinez Sabo Hinojosa Menendez Schaffer, Bob above recorded. Goss Mascara Salmon Schumer Graham Matsui Sanchez Hobson Metcalf The title of the bill was amended so Scott Granger McCarthy (MO) Sanders Hoekstra Mica Sensenbrenner as to read: ‘‘A bill to redesignate the Green McCarthy (NY) Sandlin Holden Millender- Serrano United States courthouse located at 100 Greenwood McCollum Sanford Hooley McDonald Sessions Franklin Street in Dublin, Georgia, as Gutierrez McCrery Saxton Horn Miller (CA) Shadegg Gutknecht McDade Scarborough Hostettler Miller (FL) Shaw the ‘J. Roy Rowland United States Hall (OH) McDermott Schaefer, Dan Hoyer Minge Shays Courthouse’.’’ Hall (TX) McGovern Schaffer, Bob Hulshof Mink Sherman A motion to reconsider was laid on Hamilton McHale Schumer Hunter Moakley Shimkus the table. Hansen McHugh Scott Hutchinson Mollohan Shuster Harman McInnis Sensenbrenner Hyde Moran (KS) Sisisky f Hastert McIntyre Sessions Inglis Moran (VA) Skaggs Hastings (FL) McKeon Shadegg Skeen Hastings (WA) McKinney Shaw Istook Morella DAVID W. DYER FEDERAL Jackson (IL) Murtha Skelton Hayworth McNulty Shays Jackson-Lee Myrick Slaughter COURTHOUSE Hefley Meehan Sherman Smith (MI) Hefner Menendez Shimkus (TX) Nadler The SPEAKER pro tempore. The un- Jefferson Neal Smith (NJ) Herger Metcalf Shuster Smith (OR) Jenkins Nethercutt finished business is the question de Hill Mica Sisisky Smith (TX) Hilleary Millender- Skaggs John Neumann novo of suspending the rules and pass- Smith, Adam Hilliard McDonald Skeen Johnson (CT) Ney Smith, Linda ing the bill, H.R. 1479, as amended. Hinchey Miller (CA) Skelton Johnson (WI) Northup Snowbarger The Clerk read the title of the bill. Hinojosa Miller (FL) Slaughter Johnson, E. B. Norwood Snyder The SPEAKER pro tempore. The Hobson Minge Smith (MI) Johnson, Sam Nussle Solomon question is on the motion offered by Hoekstra Mink Smith (NJ) Jones Oberstar Souder Holden Moakley Smith (OR) Kanjorski Obey Spence the gentleman from California [Mr. Hooley Mollohan Smith (TX) Kaptur Olver Spratt KIM] that the House suspend the rules Horn Moran (KS) Smith, Adam Kasich Ortiz Stabenow and pass the bill, H.R. 1479, as amend- Hostettler Moran (VA) Smith, Linda Kennedy (MA) Owens Stark ed. Hoyer Morella Snowbarger Kennedy (RI) Oxley Stearns Hulshof Murtha Snyder Kennelly Packard Stenholm The question was taken. Hunter Myrick Solomon Kildee Pallone Strickland Ms. JACKSON-LEE of Texas. Mr. Hutchinson Nadler Souder Kilpatrick Pappas Stump Speaker, on that I demand the yeas Hyde Neal Spence Stupak Inglis Nethercutt Spratt Kim Parker and nays. Kind (WI) Pascrell Sununu Istook Neumann Stabenow King (NY) Pastor Talent The yeas and nays were ordered. Jackson (IL) Ney Stark Tanner Jackson-Lee Northup Stearns Kingston Paul The SPEAKER pro tempore. This is a Tauscher (TX) Norwood Stenholm Kleczka Paxon Tauzin 5-minute vote. Jefferson Nussle Strickland Klink Pease Taylor (MS) The vote was taken by electronic de- Jenkins Oberstar Stump Klug Pelosi Taylor (NC) vice, and there were— yeas 411, nays 0, John Obey Stupak Knollenberg Peterson (MN) Thompson not voting 21, as follows: Johnson (CT) Olver Sununu Kolbe Peterson (PA) Thornberry Johnson (WI) Ortiz Talent Kucinich Petri Thune [Roll No. 540] Johnson, E. B. Owens Tanner LaFalce Pickering Thurman YEAS—411 Johnson, Sam Oxley Tauscher LaHood Pickett Tiahrt Jones Packard Tauzin Lampson Pitts Tierney Abercrombie Bryant Diaz-Balart Kanjorski Pallone Taylor (MS) Lantos Pombo Torres Ackerman Bunning Dickey Kaptur Pappas Taylor (NC) Largent Pomeroy Towns Aderholt Burr Dicks Kasich Parker Thomas Latham Porter Traficant Allen Burton Dingell Kennedy (MA) Pascrell Thompson Andrews Buyer Dixon LaTourette Portman Turner Kennedy (RI) Pastor Thornberry Archer Callahan Doggett Lazio Poshard Upton Kennelly Paul Thune Velazquez Armey Calvert Dooley Kildee Paxon Thurman Leach Price (NC) Bachus Camp Doolittle Levin Pryce (OH) Vento Kilpatrick Pease Tiahrt Visclosky Baesler Campbell Doyle Lewis (CA) Quinn Kim Pelosi Tierney Walsh Baker Cannon Dreier Kind (WI) Peterson (MN) Torres Lewis (GA) Radanovich Wamp Baldacci Cardin Duncan King (NY) Peterson (PA) Towns Lewis (KY) Rahall Waters Ballenger Carson Dunn Kingston Petri Traficant Linder Ramstad Watkins Barcia Castle Edwards Kleczka Pickering Turner Lipinski Rangel Watt (NC) Barr Chabot Ehlers Klink Pickett Upton Livingston Redmond Watts (OK) Barrett (NE) Chambliss Ehrlich Klug Pitts Velazquez LoBiondo Regula Waxman Barrett (WI) Chenoweth Emerson Knollenberg Pombo Vento Lofgren Reyes Weldon (PA) Bartlett Christensen Engel Kolbe Pomeroy Visclosky Lowey Riggs Weller Barton Clayton English Kucinich Porter Walsh Lucas Riley Wexler Bass Clement Ensign LaFalce Portman Wamp Luther Rivers Weygand Bateman Clyburn Eshoo LaHood Poshard Waters Maloney (CT) Rodriguez White Becerra Coble Etheridge Lampson Price (NC) Watkins Maloney (NY) Roemer Whitfield Bentsen Collins Evans Lantos Quinn Watt (NC) Bereuter Combest Everett Manton Rogan Wicker Largent Radanovich Watts (OK) Berman Condit Ewing Manzullo Rogers Wise Latham Rahall Waxman Berry Cook Farr Markey Rohrabacher Wolf LaTourette Ramstad Weller Woolsey Bilbray Cooksey Fawell Lazio Rangel Wexler Martinez Ros-Lehtinen Bilirakis Costello Fazio Mascara Rothman Wynn Leach Redmond Weygand Yates Bishop Cox Filner Levin Regula White Matsui Roukema Young (AK) Blagojevich Coyne Flake Lewis (CA) Reyes Whitfield McCarthy (MO) Roybal-Allard Young (FL) Bliley Cramer Foley Lewis (GA) Riggs Wicker McCarthy (NY) Royce Blumenauer Crane Forbes Lewis (KY) Riley Wise McCollum Rush Blunt Crapo Ford Linder Rivers Wolf McCrery Ryun Boehlert Cummings Fowler Lipinski Rodriguez Woolsey McDermott Sabo Boehner Cunningham Fox Livingston Roemer Wynn McGovern Salmon Bonilla Danner Frank (MA) LoBiondo Rogan Yates McHale Sanchez Bonior Davis (FL) Franks (NJ) Lofgren Rogers Young (AK) Bono Davis (IL) Frelinghuysen Lowey Rohrabacher Young (FL) NOT VOTING—18 Borski Davis (VA) Frost Lucas Ros-Lehtinen Boswell Deal Furse Burton Gonzalez Meek Boucher DeFazio Gallegly NOT VOTING—21 Conyers Hastings (WA) Payne Boyd DeGette Ganske Canady Cubin Gonzalez Crane Houghton Schiff Brady Delahunt Gejdenson Clay Deutsch Houghton Cubin Kelly Stokes Brown (CA) DeLauro Gekas Coburn Fattah Kelly Fattah McDade Thomas Brown (FL) DeLay Gephardt Conyers Foglietta McIntosh Foglietta McIntosh Weldon (FL) Brown (OH) Dellums Gibbons H9642 CONGRESSIONAL RECORD — HOUSE October 29, 1997 Meek Sawyer Stokes infamous provision of law that has immigration process, requires would-be Payne Schiff Weldon (FL) Pryce (OH) Serrano Weldon (PA) never won an up-and-down vote on the Americans to undergo background floor of either the House or the Senate. checks in their own countries by our b 1433 In fact, the only direct vote ever taken State Department consuls. These offi- So (two-thirds having voted in favor on this provision was taken in this cials, American officials, conduct a thereof) the rules were suspended and House, and it lost. thorough background check in the ap- the bill, as amended, was passed. Section 245(i) of the Immigration and plicants’ home countries, where there The result of the vote was announced Nationality Act allows people who are are files and there are local officials to as above recorded. in the United States illegally to pay call, in order to screen out terrorists The title of the bill was amended so $1,000 to the INS to have their legal and criminals. They also check for an as to read: ‘‘A bill to designate the status changed. I know a lot of my col- applicant’s ability to stay off welfare. Federal building and United States leagues have been told this only deals Section 245(i) allows and encourages anyone in the world to skip the back- courthouse located at 300 Northeast with people who have come here and ground check and skip the welfare First Avenue in Miami, Florida, as the overstayed their visas. That is abso- probability check and to come here il- ‘David W. Dyer Federal Building and lutely inaccurate, and if they base legally and to pay $1,000. They then un- United States Courthouse’.’’ their judgment on that supposed fact, dergo a much less thorough check A motion to reconsider was laid upon they have been given a misrepresenta- through the INS. In the meantime, the table. tion. The INS suggests to us that 62 per- while they are going through this f cent of the people using 245(i) are peo- much less thorough check, they are PERSONAL EXPLANATION ple who have come into this country il- here in the United States of America. legally, did not come in with visas, If they are terrorists or their criminal Ms. PRYCE of Ohio. Mr. Speaker, I was un- snuck into our country. And, yes, some background is evident, they are here avoidably detained. Had I been present, I of them came in with visas and just ar- legally through the 245(i) process while would have voted ``aye.'' rogantly overstayed their visas and de- they are being adjudicated. Native f cided to stay here on an illegal status. country screening for prospective Make no mistake about it, 245(i) is MOTION TO INSTRUCT CONFEREES Americans is vital to the safety of our only about illegal aliens who have ON H.R. 2267, DEPARTMENTS OF citizens and the security of this coun- snuck across our borders or who have COMMERCE, JUSTICE, AND try. overstayed their visas. This provision Mr. Speaker, we will hear from the STATE, THE JUDICIARY, AND RE- exists because it brings in hundreds of other side today that 245(i) is just a LATED AGENCIES APPROPRIA- millions of dollars a year to the Immi- matter of location, again, another TIONS ACT, 1998 gration and Naturalization Service, piece of misinformation that has been Mr. ROHRABACHER. Mr. Speaker, I even though they have only gotten passed out: It is just a matter of where offer a motion to instruct conferees. around to spending about 5 percent of someone picks up their visa. That is The SPEAKER pro tempore (Mr. the 245(i) revenues. absolutely not true. LAHOOD). The Clerk will report the mo- This provision is bad for our country In fact, since most of the bene- tion. because it undermines our laws. It ends ficiaries of 245(i) have lived here ille- The Clerk read as follows: up costing us a lot more than that $200 gally for more than 6 months, most of Mr. ROHRABACHER moves that the man- million a year, because these people them would not be eligible for a home- agers on the part of the House at the con- often come here, and illegal aliens, as country visa. Meaning, if they returned ference on the disagreeing votes of the House we know, commit crimes and cost us in home, they would not be able to do it and the Senate on H.R. 2267, Commerce-Jus- other ways. But it also undermines our anyway because they have already tice-State-Judiciary Appropriations Act for trust in the law, it violates our na- stayed here illegally over 6 months. fiscal year 1998, be instructed to insist on the tional security, and it punishes mil- The only possible way that they could House’s disagreement with section 111 of the Senate amendment, which provides for a per- lions of people around the world who get their visa to stay here legally manent extension of section 245(i) of the Im- are eligible for permanent residence in would be to use 245(i) in this situation. migration and Nationality Act. the United States but they are waiting Thus, what do we have? We are making The SPEAKER pro tempore. Pursu- their turn, they are waiting in line, it easier to immigrate illegally into and they are separated from their fami- ant to rule XXVIII, the gentleman the United States then it is for people lies. to immigrate legally. from California [Mr. ROHRABACHER] and Last year, we passed the Illegal Im- We will hear today that without the gentleman from West Virginia [Mr. migration Reform Act which was wide- 245(i) the families of illegal aliens may MOLLOHAN] each will control 30 min- ly supported by Americans, immi- be separated, and that is true. There is utes. grants and native-born alike. This re- no doubt about it, and we care about The Chair recognizes the gentleman form was a promise to the American these people and these families. They from California [Mr. ROHRABACHER]. taxpayers that we would no longer re- put themselves in this situation, unfor- Mr. MOLLOHAN. Mr. Speaker, I ward those who break the law. We tunately. But what they will not tell us yield 15 minutes to the distinguished promised them that their hard-earned when we are discussing this, and even chairman of the subcommittee, the tax dollars would not be spent to pay though our hearts go out to those peo- gentleman from Kentucky [Mr. ROG- for an immigration system that is con- ple who are going to be separated, we ERS]. tradictory and randomly applied. And also have a heart for those family The SPEAKER pro tempore. Without we promised our newest American citi- members around the world who obey objection, the gentleman from Ken- zens that we would uphold the integ- our laws, and they are separated from tucky will control 15 minutes. rity of the system that they so appar- their families and they are waiting for There was no objection. ently respected, waiting for months months and sometimes years to come Mr. ROHRABACHER. Mr. Speaker, I and many times for years to come to to this country. What about these fam- yield myself such time as I may the United States of America. ilies? consume. If 245(i) is extended, or what this act Permanently extending 245(i) means Mr. Speaker, I offer this motion to wants to do is actually extend it in per- we are rewarding people who break our instruct conferees to try to prevent the petuity, just make it a permanent pro- laws and penalizing those who abide by enactment of a permanent rolling am- vision of the law, the Illegal Immigra- them. We are siding with the families nesty program for illegal aliens. Let tion Reform Act that we passed last of lawbreakers over those people who me repeat that, ‘‘a permanent rolling year is null and void, it has been passed stay in line and are waiting, appar- amnesty program for illegal aliens.’’ in vain; 245(i) not only compromises ently, to obey our laws and come here That is what the issue is today. the integrity of our laws, it also com- as proud citizens of the United States Contained in the Senate version of promises our national security. of America. the Commerce-State-Justice appropria- The legal immigration process which Well, we have a chance to right this tions bill is a perpetual extension of an 245(i) beneficiaries bypass, the regular wrong, Mr. Speaker. We do not have to October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9643 tell everyone in the world that the best The SPEAKER pro tempore [Mr. But we are also harming people from and quickest way to a green card is to CAMP]. Is there objection to the request other countries who are following the break our laws and to come here ille- of the gentleman from Kentucky? rules and want to come here legally. gally. We can vote for instruction to There was no objection. Let us look at the three major coun- conferees that will tell our conferees Mr. MOLLOHAN. Mr. Speaker, I tries where future citizens are waiting that a permanent extension of this gap- yield myself such time as I may for years. The Philippines. These are ing 245(i) loophole is unacceptable. consume. Mr. Speaker, I rise in opposi- our allies. These are the people to I would ask for a resounding ‘‘yes’’ on tion to the Rohrabacher motion. The whom we gave independence in 1946. this vote for these commonsense in- Rohrabacher motion proposes that we They have been waiting in line since structions. Let me remind my col- disagree with the Senate’s provision to September 1986 to come legally to the leagues, what we are doing today in a permanently extend 245(i) of the Immi- United States under the first pref- motion to instruct is asking our con- gration and Naturalization Act and in erence category. ferees not to go along with a perma- the process really ties the hands of the India. The richest ethnic community nent extension. That does not mean conferees. Section 245 allows individ- in the United States are the people who that we cannot sit down and negotiate uals who are already in this country have come from India legally, doctors, and try to come up with a compromise who are eligible to become legal per- lawyers, Ph.D.s on university faculties. on 245(i). But if we do not and our con- manent residents to pay a fee and ad- Those waiting to come here under the ferees go along with this, if our con- just their visa status here in the Unit- fourth preference in India goes back to ferees go along with a permanent ex- ed States instead of having to go over- June 1985. tension, there will be no compromise in seas to do so. Extension of this provi- Mexico. If you are a brother or a sis- the future. We have foregone that op- sion is an important immigration pol- ter of an adult U.S. citizen, you have tion. icy issue and one with serious financial been ‘‘standing in line’’ legally in Mex- b impact implications. ico since 1986. They are not part of the 1445 49 countries that pour over our south- Please, let us go for compromise, let Let me assure my colleagues that the conferees of the Commerce-Justice- ern border. They are trying to obey the us go for trying to mold this and make laws of this land. How are we treating this more humane, but let us try to State appropriations bill are working in good faith to weigh the issues asso- them? We are saying, come on over deal with the issue. I would ask for a anytime, extend your stay, and all will yes vote on my motion to instruct con- ciated with 245(i) and arrive at the best solution. I ask my colleagues to recog- be forgiven if you pay us $1,000. ferees. When I see the flyers being passed nize that, not to tie our hands, and, Mr. Speaker, I reserve the balance of out at the door on this vote on how therefore, I urge our colleagues to op- my time. business looks on this as a great reve- Mr. ROGERS. Mr. Speaker, I yield pose this Rohrabacher motion to in- nue raiser to incarcerate criminal myself 2 minutes. struct. aliens, and—gee whiz say these busi- Mr. Speaker, I reserve the balance of Mr. Speaker, I rise in opposition to ness interests—the $1,000 resulted in my time. the motion to instruct. I am opposed to $200 million. Let me tell my colleagues Mr. ROHRABACHER. Mr. Speaker, I the motion not because I support a per- that the State of California spends $400 yield myself 1 minute. manent extension, far from it. I do not. million to $500 million of its own Pardon me, but it is nonsense to try In fact, we are opposing a permanent money on handling criminal aliens. to read this proposal to instruct con- extension, which the Senate would like You are right, there should be some- ferees and to suggest that it ties the to do. I think we need to not extend thing done about it. But it is not this hands of anyone. The bottom line is, the 245(i) provision in the future, but way. When people who are coming here read this motion to instruct. It just by the same token, I think we have to illegally are also being exploited by precludes us from permanently extend- leave open for the conferees to work in businesses, that is wrong. a fair and equitable fashion on the eq- ing this immigration loophole to which Ms. ROS-LEHTINEN. Mr. Speaker, I uities of people who have relied upon hundreds of thousands of illegal immi- yield myself 2 minutes. 245(i) in the past and that are presently grants are pouring in and being per- Mr. Speaker, I rise today in strong in the country, who came here with the mitted to stay in this country ille- opposition to the Rohrabacher motion expectation that 245(i) would be avail- gally. We can make any type of com- to instruct the conferees on the exten- able to them. I think we have to be free promise after that. The conferees can sion of section 245(i). Section 245(i) al- to deal with the equities of families agree to anything else. But we are pre- lows parents, students, doctors and who are here now. venting a permanent extension of what teachers who have already received an For those in the future, however, who is an ongoing amnesty program for ille- INS-approved visa petition to renew or are thinking of coming here and trying gal aliens. If we can agree, make some adjust their immigration status in the to become citizens, they can know that compromises, that is totally within United States. The ways in which to in the future 245(i) will not be avail- this motion to instruct conferees. No receive an INS-approved visa petition able. But for those here now, I think one should oppose this motion based on is to either have an American family we have to be free to deal with them in that illogical analysis of what my mo- member or an employer such as Motor- a fair and equitable way. tion is all about. ola or Texas Instruments, who both I agree with the gentleman on oppos- Mr. Speaker, I yield 2 minutes to the support this provision, sponsor the per- ing permanent extension. This conferee gentleman from California [Mr. HORN]. son. Section 245(i) would enable these certainly and others are fighting per- (Mr. HORN asked and was given per- American businesses to retain skilled manent extension as hard as we know mission to revise and extend his re- and trained personnel in order to pros- how. By the same token, I would ask marks.) per. that my colleagues defeat the motion Mr. HORN. Mr. Speaker, here we Under 245(i), eligible immigrants to instruct, to leave us some freedom have another attraction for people to whom the INS has already determined to deal with those who are here who come here illegally and then realize, should be allowed to become perma- find themselves in an awkward situa- well, ‘‘we are sort of dumb here and we nent residents would normally need to tion not of their making. I would hope will say ‘if you pay us $1,000, you can return to their home consulates to that the Members of the body would sort of stay around.’’’ renew their immigration status, leav- leave the conferees some flexibility on Let us not just think about the ing behind their American spouses and the matter and not vote for this mo- young Americans that are pushed out children. By passing an extension of tion to instruct. I would hope that we of jobs by illegals, which started me on 245(i), these people would be allowed to would vote ‘‘no’’. this issue in 1975. The leaders of Watts renew their immigration status in the Mr. Speaker, I yield the balance of showed me how illegal immigrants United States while remaining in the my time to the gentlewoman from were pushing out young people who company of their American loved ones. Florida [Ms. ROS-LEHTINEN] and ask were in entry jobs as teenagers in ho- In fact, the only thing that the exten- unanimous consent that she be per- tels, in restaurants, and in gasoline sion of 245 would do is to change the lo- mitted to control that time. stations. cation of where a person’s immigrant H9644 CONGRESSIONAL RECORD — HOUSE October 29, 1997 visa is renewed. Section 245(i) does not country hurts people who are waiting United States, you cannot use section give special benefits to illegal immi- to come to the country. It keeps peo- 241(i). grants. This means that the person who ple’s families separated who have been I want to repeat that. I think it is illegally snuck across the border, who in line, who have been waiting to come important to repeat it, because of the therefore does not have an INS-ap- to the country. confusion that is being spread this proved visa petition, does not qualify Ending section 245(i) will not be afternoon. for 245(i). harmful to businesses who employ Section 245(i) says that if you are eli- After being subjected to legal aliens. Those individuals are al- gible for a green card, if you meet all fingerprinting and rigorous background ready protected under 245(a), which the requirements for a green card, and, checks, immigrants who have never says if you fall through the cracks, if as the distinguished gentlewoman from been convicted of a crime provide and there is some error that is not your Florida said, if, after meeting the re- fund our INS’ detention and deporta- fault that puts your status here in quirements for a green card, you apply tion activities by paying a sum of jeopardy, without paying $1,000 you can for permanent residency in the United $1,000 to have their status renewed. It get that straightened out. This is real- States pursuant to section 245(i), then raises $200 million to our U.S. Treas- ly designed to protect the people who you have to go through all the require- ury. are here legally, working hard, having ments of getting the background That is why Americans for Tax Re- their families together, not to open the check, criminal check and all that form, headed by Grover Norquist, sup- door to illegal aliens. other very important procedure. ports the extension of 245(i). I urge my Mr. MOLLOHAN. Mr. Speaker, I So this is not a matter that is appro- colleagues to vote against the yield 1 minute to the distinguished priately addressed as one of illegal im- migration. It is a matter of permitting Rohrabacher motion and support the gentleman from Illinois [Mr. POSHARD]. renewal of 245(i) because it is essential Mr. POSHARD. Mr. Speaker, I rise people who are eligible and who qualify and beneficial to American businesses today to express my strong opposition under all the requirements for perma- and, indeed, to the American taxpayer. to the Rohrabacher motion to instruct nent residency to seek their permanent By supporting 245(i), we would support conferees on H.R. 2267. The gentleman residency in the United States. So it is an issue of common sense. It is an issue America and the scores of organiza- from California [Mr. ROHRABACHER] of fairness. tions and corporations which are de- seeks to instruct the conferees to ac- It is also an issue of proportionality. pending on our vote. cept the House position with regard to Mr. ROHRABACHER. Mr. Speaker, I Why do I say it is an issue of propor- 245(i) extension for illegal immigrants, tionality, Mr. Speaker? The new immi- yield myself 1 minute. a position which by allowing for the ex- Yes, big business does want this loop- gration law says if you have tech- piration would force hundreds of thou- nically at any point fallen out of status hole to stay in place because it is ex- sands of immigrants to return home in ploiting illegal aliens and bringing in the United States, if you were a stu- order to apply for a permanent visa. dent and, for example, not meeting down the pay of American workers, But what is even worse is that once who are now having to face competi- your full course load and fell out of these immigrants have left the United status for over 6 months, the new im- tion with people who were not meant States, they would not be permitted to to be here in the first place. That is im- migration law says you have to be out return to this country for 3 years or of the country for 3 years before you moral. It is an immoral thing, but our even 10 years in certain cases. can even apply to come back. companies want to make a profit at it; Extension of 245(i) is not a giveaway Section 245(i) says if after having fine, let us keep the loophole in place. to illegal immigrants. Rather, this sec- been technically out of status you That is wrong. It is wrong logic. It is tion can only be used by those who are qualify, as long as you qualify com- not right for the Congress of the Unit- already entitled to become permanent pletely for permanent residence in the ed States to be representing the inter- residents based on family or employer United States, then you can use 245(i) ests of big business and illegal aliens petitions. Forcing these people, many to seek permanent residence in the and not representing the interests of of whom have established strong ties United States and not be barred for 3 the American people in between. with families, communities, and em- years. So the issue of proportionality, I Mr. Speaker, we just heard that a ployers, to leave the country for 3 think, is very important. person who illegally comes across our years or more is unfair and counter- I would like to say in addition to border is not eligible for 245(i). That is productive. I urge my colleagues to fairness, in addition to common sense, not the case. That is why 62 percent of vote against the Rohrabacher motion in addition to proportionality, there is the people who have used 245(i) are peo- and signal your support for a reason- a perception issue here. ple who have snuck across our border able response to an important issue Mr. Speaker, this issue has grown to and come here illegally. Someone who that affects hundreds of thousands of one of immense proportions in the His- sneaks across the border, comes here families in this country. panic community throughout the Unit- illegally, finds himself a big business- Ms. ROS-LEHTINEN. Mr. Speaker, I ed States. I think it is appropriate for man who will pay him substandard yield 3 minutes to the gentleman from all my esteemed colleagues to know wages but will be willing to sponsor Florida [Mr. DIAZ-BALART]. that this is perceived by the Hispanic him or anybody else who he suckers (Mr. DIAZ-BALART asked and was community as one directly related to into sponsoring him, they are then eli- given permission to revise and extend how immigrants in the United States gible for 245(i). Sixty-two percent of his remarks.) are treated. I think it is important for the hundreds of thousands of illegal b 1500 all of our esteemed colleagues in this aliens who have used this have come in House to know that. just that way. They have snuck in ille- Mr. DIAZ-BALART. Mr. Speaker, I So, because of fairness, because of gally. thank the distinguished gentlewoman common sense, because of proportion- Mr. Speaker, I yield 1 minute to the from Florida not only for yielding me ality, and because of perception, I ask gentleman from Missouri [Mr. BLUNT]. time, but for her leadership on this im- all my distinguished colleagues to vote Mr. BLUNT. Mr. Speaker, I rise in portant issue, as she has demonstrated ‘‘no’’ on Rohrabacher today, and to support of this motion to instruct our on so many other issues throughout give a strong vote of confidence to this conferees. The permanent extension of her tenure, extraordinary tenure, in commonsense 245(i). 245(i) really flies in the face of immi- Congress. Mr. ROHRABACHER. Mr. Speaker, I gration reform. Whatever we need to do With the utmost respect for my dear yield 1 minute to the gentleman from to work out immigration problems for friend, the gentleman from California Georgia [Mr. DEAL], to talk about why people who are already in the country [Mr. ROHRABACHER], this is the ulti- he is opposed to this provision that has I think can be done within this motion mate issue of confusing apples and or- permitted 400,000 people already to ille- to instruct. But certainly leaving this anges. No one can use section 241(i) un- gally come into the United States. on the books, making it easier for peo- less they are eligible for permanent Mr. DEAL of Georgia. Mr. Speaker, I ple to illegally come to the country residency in the United States. Unless thank the gentleman for yielding me than for people to legally come to the you qualify for legal residency in the time. October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9645 Mr. Speaker, we are going to hear de- cause the business has proven to the who are already eligible to obtain legal bates that are emotional, that are Department of Labor that no other status in the form of permanent resi- based on personal points of view and worker is available. dence in this country. Those who apply perceptions that we do not all agree Mr. Speaker, let us understand what for adjustment under section 245(i) with. But there is one point of view we this is. Section 245(i) does not serve as must qualify for an immigrant visa should all agree with, and that is we a magnet for illegal immigration, nor based on a family or employment rela- are a nation of law. It is our respon- does it give some type of benefit to tionship, have a visa number imme- sibility to make that law. It is our re- someone who just walks into this coun- diately available and be otherwise ad- sponsibility to forge support for the try and says ‘‘now I want to be able to missible to our Nation. Section 245(i) concept of law. stay.’’ You have to have a legal basis does not change the rules or does not This is a situation, as I view it, in to be in this country in order to qual- make immigration any easier. which the prerequisite that is indis- ify, and then you pay a fine of $1,000. It merely changes the location of putable for eligibility under 245(i) is The fine has been used mostly for the processing and provides a penalty fee that you be in violation of the law. purpose of helping to deter future ille- which offsets processing costs and Mr. Speaker, can one think of any gal immigration. It is well worth it to funds detention efforts. Accordingly, I other statute that we have that says to have it. It provides the flexibility. The urge my colleagues to join in support- qualify for the provisions of this stat- business community says it is worth- ing the extension of 245(i) to help fami- ute, you must be a law violator? I can while. So do families who are on the lies and businesses around our Nation. only think of one. That is where, in verge of losing a loved one. This extension is necessary. Without order to get a pardon, you must be in Mr. Speaker, let us support section it, consulates abroad will suffer under violation of the law and we forgive 245(i) and oppose the Rohrabacher mo- their increased workload, businesses your sins and pardon you. tion to instruct. will be interrupted and families torn Mr. Speaker, that is what we are Ms. ROS-LEHTINEN. Mr. Speaker, I apart. Moreover, 245(i) has generated doing here. We are saying you are in am pleased to yield 3 minutes to the $200 million in revenues in 1997 and violation of the law; no matter how gentleman from New York [Mr. GIL- over $120 million of that went to the well intended, no matter how many MAN], the esteemed chairman of the detention and removal of criminal family members you have here, no Committee on International Relations. aliens. matter how many employers you have (Mr. GILMAN asked and was given I urge that we maintain adequate that say they are willing to give you a permission to revise and extend his re- funding for detaining and deporting job, you are in violation of the law. marks.) criminals. Vote ‘‘no’’ on the If we are a nation of laws, we ought Mr. GILMAN. Mr. Speaker, I thank Rohrabacher motion. to abide by it, respect it, and enforce the gentleman for yielding me this Mr. ROHRABACHER. Mr. Speaker, I respect on behalf of those who are citi- time. yield myself 1 minute. Mr. Speaker, for those who are a lit- zens and noncitizens. Mr. Speaker, I am pleased to rise in tle bit confused by the discussion Mr. MOLLOHAN. Mr. Speaker, I support of the extension of section today, we are talking specifically, in yield 2 minutes to the distinguished 245(i) and in opposition to the motion the short-term, about whether or not 1 gentleman from California [Mr. by the gentleman from California [Mr. million people who are in this country BECERRA]. ROHRABACHER]. The motion to instruct currently illegally, whether or not Mr. BECERRA. Mr. Speaker, I thank the conferees would end an invaluable they should have to go back to their the gentleman for yielding me time. immigration procedure, will create new native country in order to adjust their Mr. Speaker, first let me make it and unnecessary burdens on our fami- status, or whether these people who are clear to anyone listening, this motion lies and on our businesses. here in this country illegally, 62 per- to instruct says we must insist on the Section 245(i) will not change the im- cent of them who came here illegally House’s position. The House’s position migration procedures, but rather will in the first place, but ended up taking is to eliminate section 245(i). It does change the location where individuals jobs from American citizens, coming not talk about coming up with some obtain permanent residence via a green here illegally and taking the food out modification or compromise. It says card, either here or abroad. This exten- of the mouths of our own working peo- eliminate, because we did not do any- sion does not allow individuals to jump ple, whether those people should have thing on it, so that means it would be the line and obtain a residency any to obey the law when they came in, extinguished. faster nor does it allow them to imme- which was the law, and go home and Secondly, this is not a section that diately become legal residents. Wheth- adjust their status, or whether or not would serve as a magnet, as one of the er they process their paperwork here or we are going to enforce the law and Members implied earlier in his discus- in their home countries, these individ- protect the people of the United States sion, to bring in people who are un- uals must wait the same amount of against the malicious, illegal immigra- documented. An individual must have a time and are placed on a waiting list tion that has been hurting our country legal basis for obtaining lawful perma- on a first come first serve basis. and our people. nent residency in order to qualify for Extending 245(i) will greatly assist The other thing is, and let us make section 245(i). If you do not have a legal our consular offices abroad to increase very clear, this motion to instruct con- basis to be in this country, you cannot their efficiency and focus and provide ferees opens the door to negotiations. apply. better services to our American citi- It specifically states that we are op- This is a Nation of laws, and the law zens traveling and living abroad. With posed to a permanent extension of this says that you can adjust based on 245(i) the Immigration and Naturalization ongoing amnesty for illegal aliens. if you meet the conditions. What we Service processing applications for Mr. Speaker, I yield 2 minutes to the are fighting is last year we changed the green cards, consular offices through- gentleman from California [Mr. law in midstream on hundreds of thou- out the world can service Americans BILBRAY]. sands of people. That is unfair. Due with overseas emergencies rather than (Mr. BILBRAY asked and was given process requires us to say to folks, if spending the majority of their time permission to revise and extend his re- we told you these were the rules of the with noncitizens. Moreover, opponents marks.) game, then that is what you must believe INS does not provide adequate Mr. BILBRAY. Mr. Speaker, we are abide by. background checks on individuals and really talking about fairness and com- We should not change. Now is the as a result is putting the American mon sense here. Now, last year we time for us to be flexible. Section 245(i) public at risk. That is simply not true. passed an Immigration Reform Act of the Immigration and Naturalization INS processes all individuals through that was based on dividing legal immi- Act provides very needed flexibility for the same checks as the State Depart- gration and illegal immigration. And our business community and for very ment would prior to allowing them to about the concept of fairness, that we close-knit families. You have to be a become citizens. Section 245(i) is not do not reward those who have broken spouse, a child or a parent to qualify, any amnesty program for illegal aliens. the law and punish those following the or you have to have a job in hand, be- The program is designed to help people law. H9646 CONGRESSIONAL RECORD — HOUSE October 29, 1997 I am listening to the speakers that a conflict the INS cannot possibly fulfill its Mr. MOLLOHAN. Mr. Speaker, I support 245(i), at least the great major- duties and obligations to remove aliens or- yield 30 seconds to the chairman, the ity of them. If you go back in the dered removed or even to seriously act to gentleman from Kentucky [Mr. ROG- prevent illegal immigration. record, you will find they did not sup- ERS]. Hundreds of positions within the INS are Mr. ROGERS. Mr. Speaker, my col- port the Immigration Reform Act last becoming totally dependent for their exist- year anyway. It passed by 320 votes, be- ence on the fees collected from aliens. Em- league on the committee is exactly cause the American people wanted fair- ployees whose livelihoods are dependent on right. The motion, if passed, would in- ness and common sense put back into these fees and their coworkers are so com- sist upon the House position, which is our immigration law and stop punish- promised that it is virtually impossible for zip, nothing. In order for us to be able ing people for playing by the rules and them to objectively fulfill their duties and to compromise, the gentleman’s mo- stop allowing people to buy their way responsibilities in enforcing and administer- tion should have been a motion to dis- out of illegal status. ing law prohibiting illegal immigration. agree with the Senate provision, with It is estimated that there are more than 2 There are those that say, well, they an amendment, allowing a com- million aliens now on the immigrant visa promise. will be legal; they are legal anyways, waiting list residing in the United States il- they would qualify. Except they are il- Mr. MOLLOHAN. So if the gentleman legally. There are potentially millions more wants us to compromise, he should legal aliens. If that was not true, then aliens who now qualify or in the future will qualify for immigrant visas who will at- vote against his own motion. why are they opposing this bill? They Mr. ROGERS. That is right. would not need this exemption if they tempt to enter the United States illegally. For the INS to take action against such Mr. MOLLOHAN. Mr. Speaker, I am were actually legal as stated. pleased to yield 1 minute to the distin- Mr. Speaker, I will include for place- aliens, it would forfeit a potential of several billions of dollars in fees that it can collect guished gentleman from Minnesota ment in the RECORD a letter by James from these same aliens through Sec. 245(i). It [Mr. PETERSON]. Dorcy, a veteran of 30 years of the Jus- is absolutely outrageous that Congress (Mr. PETERSON of Minnesota asked tice Department. He worked most of would put an agency into such a position of and was given permission to revise and his career with the Immigration and conflict of interest. extend his remarks.) Naturalization Service. His statement, This provision of law was scheduled to sun- Mr. PETERSON of Minnesota. Mr. he writes to me, and I would like to put set on September 30th of this year. It has Speaker, I thank the gentleman for it in the RECORD. He says that ‘‘245(i) been temporarily extended but is due to ex- yielding me the time. sets up an irreconcilable conflict of in- pire on November 7th. The Senate has voted Mr. Speaker, I rise in opposition to to permanently extend the measure in the this Rohrabacher motion to instruct terest within the Immigration and Nat- appropriation bill for Commerce, Justice, uralization Service. The conflict arises State, and Judiciary. On Wednesday, October conferees. Mr. Speaker, this motion is with the agency charged with enforcing 29th, Congressman Dana Rohrabacher in- opposed by the U.S. Chamber of Com- our laws against illegal immigration tends to introduce a motion to instruct con- merce, the National Association of actually profit from illegal immigra- ferees on this appropriation bill to oppose Manufacturers, the AFL-CIO, and all tion as it does through section 245(i). adoption of this measure into the final bill. by itself, bringing those organizations With such a conflict of interest, the I urge you to support and vote for the mo- together, that should be enough to INS cannot possibly fulfill its duties tion. make Members realize that there is If this law is allowed to continue, we run a and obligations to remove aliens or- merit in this 245(i) program. terrible risk of institutionalizing corruption I do not claim to be an expert on this dered removed or even to seriously act that might very well spread throughout our to prevent illegal immigration.’’ issue, but to me it just seems logical government. Nobody should ever be allowed and practical to approach a complex This is an immigration agent, some- to buy a pardon for doing wrong, and that is body with 30 years experience, saying exactly what Sec. 245(i) does. For govern- problem within the immigration code there is a problem here, a major prob- ment employees and the agency they work in this manner. Once the United States lem. for to be put in a position of profitting from has decided a person is eligible for a Mr. Chairman, let us be fair about commerce in such pardons defies all reason green card so they can legally work in and rationality. This form of institutional- this country, it does not make much this. There are people who did not like ized bribery is something one might expect sense to me to send them all the way that vote of 320 votes. Let us not re- of a Third World country, but it has no place back to their home country in order to verse the Immigration Reform Act. in a great country like ours. pick up that status. This compromise just says we will Again, I urge you to support Mr. What sense does it make to force allow a compromise, but we will not Rohrabacher’s motion to instruct and to do qualified workers to spend their money allow a permanent extension of 245(i). I all you can to rid the Immigration and Na- tionality Act of this corrupting provision. and time on travel for what amounts to would challenge anyone again to look little more than bureaucratic non- at the motion. It says we oppose the Sincerely, JIM DORCY. sense? What business do we have dis- permanent extension of 245(i). rupting the workplace? The only thing Mr. MOLLOHAN. Mr. Speaker, I Mr. Speaker, I include the letter I re- the Rohrabacher motion would seem to yield myself 30 seconds to respond to ferred to in the RECORD. accomplish is more paperwork, more that. SAN DIEGO, CA, cost, and more red tape. October 28, 1997. Mr. Speaker, let me just ask, does Mr. Speaker, I urge my colleagues to Hon. BRIAN BILBRAY, the gentleman whose motion this is join me in voting ‘‘no’’ on the Longworth HOB, agree that this motion precludes any Rohrabacher motion. Washington, DC. compromise with the Senate? Via Fax: 202–225–2948. GENERAL LEAVE Mr. ROHRABACHER. Mr. Speaker, if Ms. ROS-LEHTINEN. Mr. Speaker, I DEAR BRIAN: I am a retired 30-year veteran the gentleman will yield, no, the intent ask unanimous consent that all Mem- of the Justice Department. Most of my ca- of this motion is not that. reer was served in the Immigration and Nat- bers may have 5 legislative days within uralization Service with my last nine years b 1515 which to revise and extend their re- marks on the subject of the motion to working in the public integrity field in the Mr. MOLLOHAN. The motion reads, Office of Professional Responsibility of the instruct conferees. INS and later the Inspector General’s Office to be instructed to insist on the The SPEAKER pro tempore (Mr. of the Department of Justice. House’s disagreement with section 111 CAMP). Is there objection to the request It is from my experience in fighting inter- of the Senate amendment. That means of the gentlewoman from Florida? nal corruption in our government that I all we can do is disagree. That pre- There was no objection. want to call your attention to an extremely cludes any compromise on this issue. If Ms. ROS-LEHTINEN. Mr. Speaker, I serious flaw in Section 245(i) of the Immigra- that is the gentleman’s purpose, then I yield 1 minute to the distinguished tion and Nationality Act. Sec. 245(i) sets up think the gentleman would oppose his gentleman from Illinois [Mr. HYDE], an irreconcilable conflict of interest within own motion. the Immigration and Naturalization Service. chairman of the Committee on the Ju- The conflict arises when the agency charged Mr. ROHRABACHER. Mr. Speaker, if diciary. with enforcing our laws against illegal immi- the gentleman will yield, that is not (Mr. HYDE asked and was given per- gration actually profit from illegal immigra- my purpose. I will be happy to state mission to revise and extend his re- tion as it does through Sec. 245(i). With such that for the Record. marks.) October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9647 Mr. HYDE. Mr. Speaker, I thank the illegal immigration, and I oppose ille- motion to instruct, to make sure that gentlewoman for yielding me 1 minute. gal immigrants, black, white, red, yel- the extension is put in place perma- Mr. Speaker, I do not like disagree- low, brown, Martian, or an intergalac- nently to save families in this country. ing with my good friend, the gentleman tic time traveler. If you are in America Mr. Speaker, I rise today in opposition to from California [Mr. ROHRABACHER], illegally, I oppose you, and I oppose the Representative ROHRABACHER's motion to in- but I do oppose his motion to instruct. Congress’ laws that allow and encour- struct the conferees on the Commerce, State, I would tell the gentleman, 245(i) does age it. Justice appropriations bill directing the House not give anybody an amnesty or give Let us look at the law, because most conferees to disagree to the permanent exten- anybody a pass. It is a procedure Americans believe Congress needs a sion of section 245(i) that was included in the whereby people who have been in this brain scan performed by a proctologist Senate version of the bill. country and have attempted to regu- here. The first law said, if you are in In 1994, Congress passed section 245(i) of larize their status, and have applied America illegally for 5 years, Congress the Immigration and Nationality Act, a tem- and are on a list, and whose number is so confused they are going to make porary provision that was to have expired on has come up and a visa is available, it you a citizen, and then made you a cit- September 30, 1997. This provision has since prevents them from being forced to go izen. Then they said, since we made been extended until November 7, 1997, by the out of the country and wait either 3 you a citizen, you have your dear fam- two continuing resolutions. I urge my col- years or 10 years to apply to come ily that misses you, and we will allow leagues to oppose this motion to instruct and back. It keeps the families that have your family to come in and we will to allow section 245(i) to be extended perma- been established together. It is human- make them a citizen. nently. itarian. We set a big blinker out there that Section 245(i) allows certain immigrants Yes, we are dealing with illegals who says, if you want to come to America, who have fallen out of status, but who are can be deported anytime, but it is a jump the fence, because somehow, now eligible for permanent U.S. residency, to process for people who are ready to be- some way, you are going to get cer- pay a $1,000 fee and have their paperwork come regularized, to become regular- tified and we are going to make you a processed while they remain in the United ized without having to break up the citizen. Some people came over here in States. Without 245(i) these immigrants would family. It deals with the reality that the belly of a slave ship. There are peo- have to return to their native countries for visa the people are here. If we abandon ple that stood in line waiting to get in processing before once again reentering the 245(i), they are going to stay here. this country. We are now rewarding United States. They are not going to have to leave. people who jump the fence. Beam me Section 245(i) is only available to those im- But that visa that would be used up by up. migrants already on the brink of becoming The Rohrabacher motion says, look, one of those applicants will be used by legal permanent residentsÐpeople who are al- we passed a law. That law made certain another immigrant, so we add to the ready eligible to become permanent residents. requirements. Now, the next year we totality of immigration, not reduce it. These are people who the INS has already are going to give a permanent exten- Mr. ROHRABACHER. Mr. Speaker, I determined should be able to become perma- sion and eradicate the law? Why did we yield myself 1 minute. nent residents based on their family and em- have this debate a year ago? Because Mr. Speaker, when we hear talk ployment relationships, that is, they have been we could get together over a year ago about regularization of status, what we sponsored by either a family member who is and put it off for another day, and then are really talking about, and people a legal resident or citizen, or a business willing should understand this, is someone who we will take care of it with another machination of Congress. It is wrong, to employ the applicant. is in this country illegally. The fact Despite the charges of many, section 245(i) Congress. It is wrong. Our borders are that the AFL-CIO has again abandoned wide open. We are destroying the fabric is not a vehicle for criminals and terrorists to its defense of the rights of the working of what our law stands for. become U.S. citizens. Section 245(i) will bene- people of the United States, the citi- We have had more Mexicans killed on fit: zens of our country and the people who the border than died at Oklahoma City, Persons who unknowingly receive incorrect are here legally, does not surprise me in that same period of time, trying to documents from the INS and by the time this but it should surprise people on the get in this country illegally. We have error is recognized, they have fallen out of sta- other side of the aisle. our borders wide open and narcotics tus; However, that big business wants to running in here, and an epidemic of Corporate executives, managers, and pro- hire illegal immigrants and give them historic levels of first time use of her- fessionals whose status has lapsed due to an the jobs does not surprise me. One of oin age 12 to 17. oversight by a human resource manager; the things that is wrong about illegal The American people know it. They The family members of those corporate ex- immigration is that it takes jobs away are fed up. The American people say, ecutives whose status lapses inadvertently from the people of the United States. look, we have nothing against any eth- through oversight; We should not permit that to happen. nic group or any color of skin; if you A husband who is the sole source of sup- We should watch out for our own peo- are in this country, in the country ille- port for his wife and children who are U.S. citi- ple. Who do we care for? We are sup- gally, get out. Congress should throw zens; posed to be caring for the citizens of you out, not make you a citizen, and A wife of a legal permanent resident and the the United States and people who have not encourage with laws and promote mother of children who are U.S. citizens; and come here legally and people who have people who jump the fence. That is The mother of a 12-year-old girl in my dis- respected our laws. what we are doing. If Members vote trict who is from Honduras; the girl would be Second of all, this instruction of con- ‘‘no’’ today, they are saying to the Sen- abandoned, otherwise. ferees clearly, just as in disagreement, ate, go ahead, go ahead and get over Section 245(i) will allow businesses to keep the word ‘‘disagreement’’ is right there once again. valued employees, allows families to stay to- in the motion, with what the Senate is Both parties should be standing on gether, and provides substantial resources to trying to do, and that is a permanent the floor defending the House position. the INS for border enforcement. Section 245(i) extension of this amnesty for illegal It is the position of the American peo- is a humanitarian provision of immigration law immigrants. ple. I oppose illegal immigration. I will that allows families to stay together while one Mr. Speaker, I yield 3 minutes to the not be a part of any ploy that will member seeks an immigrant visa. Any sus- gentleman from Ohio [Mr. TRAFICANT]. allow more of it. pension of section 245(i) could force hundreds (Mr. TRAFICANT asked and was Mr. MOLLOHAN. Mr. Speaker, I of thousands of people to leave their jobs and given permission to revise and extend yield such time as she may consume to families in this country. Section 245(i) also his remarks.) the gentlewoman from Texas [Ms. provides U.S. businessman who use thou- Mr. TRAFICANT. Mr. Speaker, if JACKSON-LEE]. sands of skilled foreign workers with needed Members vote ‘‘no″ on Rohrabacher (Ms. JACKSON-LEE of Texas asked work force continuity. they certify the encouragement of ille- and was given permission to revise and My colleagues, I urge you to oppose this gal immigration. I heard the words of extend her remarks.) motion to instruct and in so doing support the perception, we are always going to get Ms. JACKSON-LEE of Texas. Mr. permanent extension of section 245(i), a prac- a race card or something here. I oppose Speaker, I rise to vigorously oppose the tical and effective provision that is narrowly H9648 CONGRESSIONAL RECORD — HOUSE October 29, 1997 tailored to allow immigrants to obtain legal The enactment of section 245(i) gen- hand, it is encouraging illegal behavior U.S. residency without leaving the country and erates, according to an INS spokes- with 245(i) on the other. leaving their families, their jobs and their woman, $200 million in fines this year b 1530 hopes for better future behind. alone. This additional revenue for the Mr. MOLLOHAN. Mr. Speaker, I am U.S. Government helps to reduce the That simply does not make any pleased to yield 1 minute to the distin- State Department’s visa processing sense. The chief beneficiaries of 245(i) are the relatives of formerly illegal guished gentlewoman from New York case load by 30 percent, in addition. [Ms. VELA´ ZQUEZ]. Last year’s immigration bill in- aliens legalized under the amnesty (Ms. VELA´ ZQUEZ asked and was creased the fine to $1,000 from the pre- passed in 1986, proving once again that amnesties are among the worst pos- given permission to revise and extend vious $650, and required that at least 80 sible options in immigration policy. her remarks.) percent of the funds generated be de- Ms. VELA´ ZQUEZ. Mr. Speaker, I rise The requirement to undergo visa posited in a new INS account to be processing in one’s own country is not in strong opposition to this motion to used only for detention. Failure to ex- recommit. The families affected by a mere formality. Waiting for a visa tend this provision of the law would re- outside of the U.S. allows more time, if 245(i) have their backs to the wall. sult in a shortage of resources for both Right now the futures of thousands and required, for problem cases. If the visa the INS and the State Department. It should be denied, the alien is already thousands of immigrants are at stake. would create a backlog in application I want my colleagues who oppose this outside of the United States and does processing, a shortage of funds for de- act of fairness to think about Elvi not need to be deported. In addition, tention, and undercut the primary Blanco when they cast their vote. Her consular officers often are in a better functions of our consulates abroad, husband, a legal resident, has prostate position than INS to identify cir- which is to advance foreign policy ob- cancer. Her two children are U.S. citi- cumstances particular to a country of jectives. zens. Elvi has been here for 9 years and origin, such as a criminal background, I just think that for families, for will qualify for permanent resident sta- that warrant closer examination or children, for spouses, for employment, tus, but she will have to leave her ail- even denial of the application. it behooves us to disapprove this mo- ing husband and her two children if Mr. Speaker, having said all of this, tion to instruct. it might be difficult to just end 245(i). 245(i) is not extended. Once she returns Mr. ROHRABACHER. Mr. Speaker, to El Salvador, it could take up to 2 There are people in the pipeline who, for the United States of America, I years for her visa application to be rightly or wrongly, have relied on its yield 31⁄2 minutes to the gentleman existence and have pending applica- processed. If some people have their way, fami- from Texas, Mr. LAMAR SMITH, chair- tions. I believe that we can draft a fair lies like the Blancos will be split up, man of the Subcommittee on Immigra- and compassionate solution to this sit- lives will be disrupted, and innocent tion and Claims. uation by allowing persons who have (Mr. SMITH of Texas asked and was people will suffer. I urge my colleagues already begun the process to continue given permission to revise and extend to extend a small degree of fairness for to have their 245(i) applications proc- immigrants. Vote ‘‘no’’ on the motion his remarks.) essed, a type of grandfathering for Mr. SMITH of Texas. Mr. Speaker, I those already in the pipeline. to instruct. Mr. Speaker, this approach allows Ms. ROS-LEHTINEN. Mr. Speaker, I thank the gentleman for yielding me both family and business-sponsored pe- am pleased to yield 2 minutes to the the time. titioners who have already taken sig- gentlewoman from Maryland [Mrs. Mr. Speaker, I support the motion to instruct conferees to disagree with the nificant steps to get their green cards MORELLA]. Mrs. MORELLA. Mr. Speaker, I Senate provision that makes perma- to continue doing so, but says no to thank the gentlewoman for yielding me nent an immigration provision known anybody thinking of benefiting from il- this time. as 245(i). The overriding objective of legal behavior in the future. Mr. Speaker, I rise in opposition to the Illegal Immigration Reform and As for U.S. employers, a provision could be drafted that allows processing the motion to instruct. Section 245(i) of Immigrant Responsibility Act, enacted to continue for cases where a short the Immigration and Nationality act by overwhelming margins in 1996, was lapse in status has occurred due to permits, as we have heard, certain fam- to remove incentives for illegal immi- processing errors or where more tech- ily and employment-based immigrants, gration and require illegal aliens to re- nical problems have occurred, but family and employment-based immi- turn to their home countries or be re- would not encourage illegal entry or grants, to adjust their status to that of moved. Section 245(i) directly contradicts other illegal behavior. permanent residents, some that are not Mr. Speaker, allowing 245(i) to exist permanent residents because of clerical this goal. Section 245(i) permits illegal aliens who have become eligible for an permanently would be like Congress errors, while remaining in the United passing a second amnesty. It would States, rather than requiring immi- immigrant visa to adjust to legal im- migrant status without having to fol- say, ‘‘Even if you ignore or inten- grants to return to their home country tionally violate U.S. immigration laws, low the normal procedure for obtaining to obtain an immigrant visa. we will forgive you and reward you We are not talking about if they be- an immigrant visa, applying for the with a green card.’’ come legal or when, but where. Do we visa at a U.S. consulate. Mr. Speaker, I urge my colleagues to By allowing illegal aliens to bypass kick them away from families until vote ‘‘yes’’ on the motion and say ‘‘no’’ the legal process, we reward illegal be- the paperwork is completed? Do we de- to rewarding illegal behavior. prive families from being together and havior, and actually encourage aliens Mr. ROGERS. Mr. Speaker, will the receiving support from the family to enter or stay in the United States il- gentleman yield? member who is deported? legally. Section 245(i) rewards those Mr. SMITH of Texas. I yield to the Section 245(i) was the product of ef- who jump the line, and insults aliens gentleman from Kentucky. forts by the Department of State and who follow the law and wait for their Mr. ROGERS. Mr. Speaker, the gen- the Immigration and Naturalization visa before entering the United States. tleman from Texas, I think, has made Service to expedite the process of As a result, law-abiders have to wait to an excellent statement. I would ask the granting immigrant visas, generate be with their families, while law-break- gentleman if the conferees came back revenues, and free U.S. consulates ers do not. with a conference report that reflected abroad to fulfill their primary func- The penalty paid by 245(i) applicants the gentleman’s recognition that we tions. Rather than requiring individ- for the right to adjust status, a fee of have to deal with those in the country uals already in the United States to re- $1,000, is minuscule compared to the who have relied upon 245(i) in the past, turn to their home countries to obtain multi-billion dollar cost imposed on but repealed it for the future, is that their immigrant visas, this provision taxpayers as a whole by illegal immi- something that the gentleman would permits immigrants to remain in the gration. While the Federal Government agree with? United States while adjusting their spends hundreds of millions of dollars Mr. SMITH of Texas. Mr. Speaker, status, but it imposes a fine on those trying to prevent illegal immigration the gentleman from Kentucky is abso- who choose this option. and to remove illegal aliens on the one lutely correct. October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9649 Mr. ROGERS. Mr. Speaker, if the leagues to vote ‘‘no’’ on the talking about here. This is a vote gentleman would continue to yield, the Rohrabacher motion. against a permanent extension. It does problem is this motion would preclude Mr. Speaker, it is rare that the U.S. not, I repeat, does not preclude legisla- that. That is why I am opposed to it. Senate casts a 99-to-0 vote, but that is tive actions on how to fairly resolve Mr. ROHRABACHER. Mr. Speaker, I what they did earlier this year when the issue, as was previously discussed yield myself 11⁄2 minutes. faced with a decision to eject nearly 1 by our colleagues the gentleman from Mr. Speaker, I hope that no one is million people from this country. The California [Mr. ROHRABACHER] and the swayed by this nonsensical analysis. U.S. Senate said ‘‘no.’’ They said no be- gentleman from Texas (Mr. SMITH). First of all, we know how much teeth a cause they knew that nearly 1 million Mr. Speaker, actually what are we motion to instruct conferees has. This people would be forced to leave their doing if we permanently extend it? We motion will in no way prevent a com- families, their businesses, their jobs, are violating all the people that have promise. despite having a legal basis for obtain- come here honestly and legally in this Mr. Speaker, I would ask the gen- ing permanent residency in this coun- country. We are telling all of those tleman from Kentucky [Mr. ROGERS] if try. people that are sitting in files in our he really believes that a motion to in- Mr. Speaker, these 1 million hard- offices back in our districts that they struct conferees will prevent a com- working immigrants, some of whom re- do not have to obey the law, that they promise on this issue. Is that the gen- side in my district in California, have a have been waiting legally in line for tleman’s position? legal basis for retaining residency, yet years to come in, but we are going to Mr. ROGERS. Mr. Speaker, will the if we adopt this motion they will be re- reward those who break the law. gentleman yield? quired to leave the country and wait Mr. Speaker, I also must point out Mr. ROHRABACHER. I yield to the years to be reunited with their families that there are costs involved in this gentleman from Kentucky. in the United States. Mr. ROGERS. Mr. Speaker, I think issue. Many of us, including New Jer- Mr. Speaker, I voted for the immigra- sey, I might say, are very concerned so. That is the reason. I am opposed for tion bill last year, and there were some this reason. The gentleman’s motion about how this benefit system has been important changes that we made in the a magnet for many illegal immigrants. insists upon the House position. law to combat some of the problems of Mr. ROHRABACHER. Mr. Speaker, I In New Jersey alone we spend $146 mil- illegal immigration. But this provision lion a year to educate children of ille- reclaim my time. I wish the gentleman of the law is unworkable and unfair, would quote the motion at hand rather gal aliens. The costs go up from there. and it is inciting fear in many people So we are not only talking about the than quoting what he thinks it should who have built lives and families and say. law, we are also talking about taxpayer businesses here and who are contribut- costs here. Mr. Speaker, the fact is the motion is ing to our communities and to our very clear. It is very clear that it is the I must stress that there are extenuat- economy. ing circumstances, I understand it and House’s disagreement on section 111 of Ms. ROS-LEHTINEN. Mr. Speaker, I my colleagues understand it, to the the Senate amendment, that we are yield 1 minute to the gentleman from INS paperwork backlogs and the bu- simply disagreeing with the Senate’s New York [Mr. FORBES]. permanent extension of this amnesty (Mr. FORBES asked and was given reaucratic snafus and there are situa- program for illegal aliens who are here permission to revise and extend his re- tions where there might be delays for in this country illegally. We are dis- marks.) families who have put down roots here. agreeing with that permanent exten- Mr. FORBES. Mr. Speaker, I reluc- But it would be wrong as a consequence sion, for the record. And as we know, I tantly rise in opposition to the gen- of those snafus to extend this perma- would suggest that my words as the au- tleman from California [Mr. nently. What we should say is that as of the thor now letting people know on the ROHRABACHER], my good friend, and his record what the purpose of this is, as motion to instruct conferees. day that the bill is signed into law, any well as the intent of the language as As a member of the Subcommittee on immigrant in this country who is try- well as the language itself, does not in Commerce, Justice, State, and Judici- ing to address their status might be any way preclude this body from com- ary, I would have to say, first and fore- considered independently and apply ing to a compromise on this issue. In most, that 245(i) is an important under- that, as the gentleman from California fact, all it does is prevent a permanent taking in which we restore some com- [Mr. ROHRABACHER] and the gentleman extension of this amnesty for people passion to the actions we took last from Texas [Mr. SMITH] have already who are here illegally. That is all it year in immigration reform. indicated. does, and I am stating that for the I supported immigration reform as a I believe this is the fairest way to record as the legislative intent. much-needed device in which we can deal with the situation, and not violate Mr. MOLLOHAN. Mr. Speaker, I separate the very big problem of illegal those good people who have legally yield 15 seconds to the gentleman from immigration in this country versus the come to this country and not cause the Kentucky [Mr. ROGERS]. problem of legal immigrants. People taxpayers a greater cost on their tax Mr. ROGERS. Mr. Speaker, to re- who have played by the rules come to bills. spond to the gentleman from California this Nation and want to enjoy so much The argument has been made that by allow- [Mr. ROHRABACHER], my dear friend, I that this Nation has to offer, as many ing section 245(i) to stay on the books, the think he and I more or less agree on of our ancestors did when they came to INS makes up to $150 million in revenue re- what should be the final result: No per- this country. ceived from the $1,000 fee that aliens pay to manent extension. I believe sincerely This is about compassion, keeping obtain legal status. But, this money pales in that the gentleman’s motion, if suc- families together, making sure that comparison to the multi-billion dollar cost im- cessful, would prevent that. Otherwise, employers who want to keep talent in posed on taxpayers as a result of the dev- I would support it. My staff tells me this country are able to do so. This is astating consequences of illegal immigration. that that is the case. not about aiding illegal immigration. At the same time many of us are concerned Mr. MOLLOHAN. Mr. Speaker, I This is about compassion. This is tight- that our benefits system acts as a magnet for thank the distinguished gentleman ening up on immigration reform. many illegal immigrants. For example, many from Kentucky [Mr. ROGERS], chair- Mr. Speaker, I rise in opposition, re- children of illegal immigrants receive a free man of the subcommittee, for clarify- luctantly, to the motion of the gen- education in U.S. public schools at the ex- ing this very important point. tleman from California, my friend. pense of American taxpayers, driving up the Mr. Speaker, I am pleased to yield 1 Mr. ROHRABACHER. Mr. Speaker, I cost of education and taking resources away minute to the distinguished gentleman yield 2 minutes to the gentlewoman from U.S. children. The State of New Jersey from California [Mr. DOOLEY]. from New Jersey [Mrs. ROUKEMA]. alone spends an estimated $146 million a year (Mr. DOOLEY of California asked and Mrs. ROUKEMA. Mr. Speaker, I rise to educate about 16,000 children of illegal was given permission to revise and ex- in strong support of this motion and aliens. tend his remarks.) urge its adoption. The cost associated with providing Federal Mr. DOOLEY of California. Mr. It is very important for my col- benefits to illegal immigrants is astronomical. Speaker, I rise today to urge my col- leagues to understand what we are While as a society, we do not turn people H9650 CONGRESSIONAL RECORD — HOUSE October 29, 1997 away from an emergency room or deny food erate up to $200 million in revenue this fiscal Mr. Speaker, I agree with the gen- to the hungry. Nor should we. However, I do year, alone. These moneys are used to offset tleman from California [Mr. BERMAN]. not believe we should reward illegal immi- the costs of detention and adjudications of ille- We should not be misled by those who grants by allowing them to stay. gal immigrants. want to distort the facts about 245(i) Nevertheless, I must stress that I under- Furthermore, by allowing individuals to ad- and give inaccurate information; 245(i) stand that there are extenuating cir- just status here, U.S. consular staff abroad does not give special benefits to illegal cumstances due to INS paperwork backlogs have more time and resources to provide bet- immigrants. It does not allow anyone and bureaucratic snafus. And there are situa- ter services to traveling Americans. to cut in line ahead of any other per- tions where, because of these delays, families I think it is important to note that the Senate son. We should not be penalizing those who have put down roots, would be split up has already agreed to extend section 245(i). who are on the way to becoming legal because of an automatic cessation of 245(i). Mr. Speaker, I believe the choice is clear: immigrants. support extension of section 245(i) and op- Because of this, we should create a time- b 1545 table for the sunsetting of 245(i). We should pose the motion to instruct. say that as of the day the bill is signed into Mr. MOLLOHAN. Mr. Speaker, I Section 245(i) keeps families to- yield 2 minutes to the distinguished law, any immigrant in the country, who is try- gether. It enables businesses to retain gentleman from California [Mr. BER- ing to adjust their status with the INS and skilled workers. It brings in $200 mil- MAN]. would be considered in violation of the law lion a year to the U.S. Treasury. Half Mr. BERMAN. Mr. Speaker, the rules of the projected increase in funding for under an expiration of 245(i), will be allowed of the House and my friendship for the to stay and complete the process. But as of criminal detention space will come gentleman from California compel me from the $1,000 per immigrant fees that day, any new immigrant to this country to restrain myself in characterizing will be subject to the new law that does not in- paid. Without this funding, detention and in dealing with the gentleman’s space for an estimated 14,000 criminal clude the 245(i) loophole. characterizations of this issue. But, I believe that this is the fairest way to deal aliens will not be available. That is an Mr. Speaker, all I can say is on so unsettling thought for many commu- with this situation. I urge my colleagues to op- many different issues the gentleman is pose permanent extension of section 245(i) nities. Without that funding, inad- factually wrong. equate space may mean that criminals and to work in a good faith effort to solve this Mr. Speaker, 245(i) is not a rolling that should be held in detention will problem fairly while remaining true to immigra- amnesty. It is not a stagnant amnesty. not be with all the potential calamities tion law reform. This motion urges opposition It is not an amnesty. Mr. Speaker, that that will lead to. to a permanent extension of 245(i). It does not 245(i) is about where an individual can Even if this possibility is unneces- preclude any discussion on finding the fairest adjust their status. It has nothing to sary, if we simply extend 245(i), do not way to phase out this section with the least do with what their status was before; tie the hands of those negotiators and possible impact on those involved. 245(i) has nothing to do with a stay of let us get a settlement on this issue. I ask my colleagues to vote yes on this mo- deportation or a defense against depor- Reject the Rohrabacher motion. tion to instruct. tation. An individual who is in this Mr. MOLLOHAN. Mr. Speaker, I Mr. MOLLOHAN. Mr. Speaker, I country illegally can be deported at yield one-half minute to the distin- yield such time as he may consume to any time, and nothing about 245(i) pro- guished gentleman from Illinois [Mr. the gentleman from New York [Mr. vides a defense or a stay of that depor- BLAGOJEVICH]. ENGEL]. tation. (Mr. ENGEL asked and was given And 245(i) does not allow any single Mr. BLAGOJEVICH. Mr. Speaker, let permission to revise and extend his re- individual to cut ahead of anyone else. me reiterate what has been said before marks.) It only applies when their number about 245(i). Section 245(i) will not help Mr. ENGEL. Mr. Speaker, I rise in comes up and, as the gentlewoman anybody who does not have a legal opposition to the motion. from Florida has mentioned, it only in- basis to stay. If you are an immigrant, Mr. Speaker, I rise in opposition to the mo- volves where they actually make their you do not have a legal basis to stay. If tion offered by my good friend from California, status adjustment. It allows no one to you jump the fence to get into the Mr. ROHRABACHER. Although I have the deep- cut ahead. United States, not all the king’s horses est respect for the gentleman from California, The gentleman from California [Mr. nor all the king’s men nor 245(i) will I feel strongly that Section 245(i) has been ROHRABACHER] keeps saying he is for help you stay in the United States. beneficial to our country and should be ex- compromise. The gentleman fought the This is about immigrants who have a tended. 1-year bill in 1994. He fought it in 1995. legal basis to stay. It is about the hard- Section 245(i) allows an individual who is He fought it in 1996. He keeps calling it ship on families for those who are here technically out of status to pay a fee and cor- an amnesty. He keeps saying it is a who sooner or later are going to get rect problems with his or her immigration sta- way to keep out of being deported. He their adjustment in immigration sta- tus. keeps saying it allows people to jump tus. The question is, do we disrupt fam- The majority of the people affected by this ahead of line against lawful immi- ilies, do we send them back and keep problem have merely overstayed the terms of grants. Each time the gentleman is families from being together and mak- their visas while they await permanent resi- wrong. Each year the gentleman is ing those leave the United States and dence arising out of valid immigrant petitions. wrong. go to their host country to await ad- Those qualified to use section 245(i) are al- Now the gentleman says compromise, justment of status, or do we keep them ready eligible for visas that will be immediately but he writes language which insists on here and keep families together? That available to them under U.S. law. the House position, which is no exten- is the question. Without section 245(i), these soon-to-be sion. The gentleman could have so eas- The SPEAKER pro tempore (Mr. green cardholders are faced with an ironic ily drafted this motion to instruct to CAMP). The gentleman from West Vir- problem: they are approved to be legal perma- say that he would agree with the Sen- ginia [Mr. MOLLOHAN] has 41⁄4 minutes nent residents, but have to return to their ate with an amendment, and the remaining, and the gentleman from home countries to get their visas and, then, amendment could have been the grand- California [Mr. ROHRABACHER] has 2 face a 3- to 10-year bar to reentry. father clause, the amendment could minutes remaining and has the right to This result undermines the principle of fam- have been the compromise he now close. ily unification which forms the bedrock of our claims to have. Mr. MOLLOHAN. Mr. Speaker, I immigration code by separating spouses and Mr. Speaker, I suggest that the gen- yield 11⁄4 minutes to the distinguished children from their families. It would also ad- tleman from California does not want gentleman from Illinois [Mr. versely affect businesses by forcing important to see 245(i) extended for 1 day. This is GUTIERREZ]. employees to leave the United States to adjust not about a permanent extension. This Mr. GUTIERREZ. Mr. Speaker, we their status. is about destroying this program and hear a lot of rhetoric about what has Several benefits accrue to the United States having people believe it is something become the common currency of those from permanent codification of this section. far different than it really is. who oppose immigrants. I hope that in- Due to the $1,000 fee charged to those who Ms. ROS-LEHTINEN. Mr. Speaker, I stead today we will listen to some com- utilize section 245(i), the INS expects to gen- yield myself 1 minute. mon sense. October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9651 The truth about 245(i) is that it is a In 1994, he obtained his green card Even if she is from India and a family unifier. It keeps families to- and in 1995, he married Tomoko biotech person and a wonderful human gether, children with their mothers, Nakagawa, a citizen of Japan who was being, if she was not in this country le- dads with their wives. It is a revenue also studying in the United States on a gally, maybe someone else like an raiser. It will raise more than $200 mil- student visa. Rajesh and Tomoko de- American citizen should have had that lion in fiscal year 1997. It promotes ef- cided to make the United States their job that she had. Even though we sym- fective immigration control, that so home and they applied for Tomoko’s pathize with her, we sympathize with many Members speak about, by raising green card in 1995. But because Tomoko the American people and the law-abid- the $200 million. was misinformed by a foreign student ing people who did not break the law It supports American business by advisor who told her that she would more than we do this young lady from helping them retain the skilled and not need to apply for a student visa India that was just described. highly qualified workers that they in- while she was waiting for a green card, Four hundred thousand people have sist upon, that they insist upon. Those she is out of status. already used this loophole, this am- are the facts and the figures. But when Now, listen to Rajesh’s own words: nesty for illegal immigrants to get to is it more important to talk about fair- Currently, I am employed as a lead sci- stay in our country, 400,000. Sixty-two ness than today? entist in a biotech company in Seattle, percent of them snuck into this coun- I think we should quote a man who Washington. I am actively involved in creat- try and did not come here legally at spoke about fairness. When Martin Lu- ing new agents against cancer, inflamma- all; $1,000 made up for that, for the fact ther King, Jr. marched on Washington tion, and corneal epithelium injury. Tomoko that they broke our law. With that he said, we refuse to believe that the and I are law-abiding, taxpaying citizens who $1,000, which will, of course, enable a bank of justice is bankrupt. We refuse own a home and are contributing to our soci- million more and millions more in the to believe that there are insufficient ety with community service. Tomoko has never worked illegally, has future who are here illegally to nor- funds in the great vault of opportunity never sought any form of governmental as- malize that status, we are going to pay in this Nation. sistance. She is fully covered by health care. for 14,000 spaces at detention centers. Mr. Speaker, America’s immigrants She has a retirement account, life insurance, want only to share in the riches of free- That is great. One-fourth of all of the and is the equal owner of our home. We are criminals in California jails are illegal dom, to know that the security of jus- expecting a baby in November of 1997. To me, tice extends to them also. it is atrocious to separate a healthy, loving, aliens. That does not come anywhere Please join me in sharing this free- law-abiding, self-sufficient couple who have near the cost of illegal immigration dom, extending this justice and saying realized their American dream. I hope that into our country. yes to families and fiscal responsibility somebody can understand our pain and frus- Section 245(i) does what? It under- and fairness above all. tration and help us obtain some sort of waiv- mines the background checks that we Let us keep the families together. er so that people like myself and my wife can do in other countries to prevent crimi- stay until she gets a green card. Let us keep the moms with their chil- nals from coming here in the first dren, mom and dad together raising There is case after case. People are place. Do not tell me we are going to them in this great Nation of ours. That calling our offices, a foreign national build 14,000 new detention center is what we are based on. Oppose this Ph.D., a primary care physician, a wife spaces. That does not come anywhere motion. of an executive in valid status, on and near the price, plus the heartache of Mr. MOLLOHAN. Mr. Speaker, I on and on. letting criminals come into this coun- yield the balance of my time to the dis- Mr. Speaker, this is a moral issue. try. What it does more than anything tinguished gentleman from Missouri, Let us please vote down the else, it undermines respect for our law. [Mr. GEPHARDT], minority leader. Rohrabacher motion and keep this There are people like Charles Mensah (Mr. GEPHARDT asked and was 245(i) in continuity for all of these peo- from Ghana. Here is Charles Mensah’s given permission to revise and extend ple who are counting on us to vote the family. He came here legally. He has his remarks.) right way today. been waiting and separated from his Vote ‘‘no’’ on the Rohrabacher mo- Mr. GEPHARDT. Mr. Speaker, I am family for years. Here they are waiting tion. very proud to stand before you today to in Ghana. He is going to be a proud Mr. ROHRABACHER. Mr. Speaker, I send a very strong message that I sup- American citizen and he has obeyed the yield myself the balance of my time. port the permanent extension of 245(i) laws. What we are doing is slapping and I oppose the Rohrabacher motion. The SPEAKER pro tempore. The gen- tleman from California [Mr. him in the face and saying, if you Section 245(i) is a very important pro- would have disobeyed our laws, skipped ROHRABACHER] is recognized for 2 min- vision of our immigration law that af- over, come here illegally or snuck your fects hundreds of thousands of individ- utes. Mr. ROHRABACHER. Mr. Speaker, family in here illegally, we would re- uals and families who have come to our ward you for that. country and are eligible for permanent first let me state that it is clear that Section 245(i) breaks down all respect residency. on both sides of this issue there are Section 245(i) is profamily. It is pro- people who love the United States of for our law. It jeopardizes our security business. It is principles that have al- America, good Americans, and they by taking out the security clearances ways been central to our national im- love their fellow citizens and they love and the background checks. We need to migration policy. Section 245(i) helps people of the world. So I have no dis- end this practice, to vote for the mo- hard-working individual Americans persions on anybody’s love of country tion to instruct conferees that will and families all across our country who or love of fellow human beings. But then permit us a chance to get a com- could be needlessly disrupted. 245(i) is also supported by people who promise on this issue. Support this Members have heard others before me are not necessarily good hearted. There conference instruction. on both sides of the aisle express their are big businessmen who have a big Mrs. MALONEY of New York. Mr. Speaker, support for this provision and their op- stake in keeping 245(i) in place so that I stand today in opposition to the motion by position to the Rohrabacher motion. they can hire people who come here il- Mr. ROHRABACHER. Before I leave today, I would like to legally or are here illegally instead of There are many misconceptions about make Members aware of a story of one hiring American citizens. 245(i) that I would like to clear up. Section person and one family who would be Let us make that very clear. When 245(i) is only for people who qualify for perma- deeply affected. Members see the handout when they nent residency. It does not allow people to Rajesh Dua came to this country come in, they will see the big business break in line, and it does not give them any from India to seek a Ph.D. degree. In organizations supporting 245(i). If they preference. It simply allows them to stay in the 1992, Rajesh received his Ph.D. degree go along with that, they are along with country while their applications are being proc- in medicinal chemistry and received putting our people out of jail and our essed. several awards for his postdoctoral people are people who have come here It reduces paperwork at consulate offices work in making safer and more effec- legally and U.S. citizens and giving abroad, and generates $200 million a year in tive drugs to fight illnesses like epi- those jobs to people who are here ille- revenues for INS, an agency that cannot take lepsy. gally. anymore cuts. H9652 CONGRESSIONAL RECORD — HOUSE October 29, 1997 These are not people who are not contribut- Give me your tired, your poor, workers (such as Texas Instruments, Mon- ing to our society. These are people with fam- Your huddled masses yearning to breathe santo, Dow Chemical, etc). ily ties, jobs, and a stake in this country. free, Extending 245(i) helps keep families to- The wretched refuse of your teeming shore. gether when some members are here legally These are people on their way to becoming Send these, the homeless, tempest-tost to and others in the family are here illegally or legal residents. me, may have originally been here legally then If 245(i) is allowed to expire, it will not only I lift my lamp beside the golden door? fallen into illegal status by overstaying their be a tragedy for the people who are deported, I strongly urge my colleagues to join me in visa or otherwise violating immigration but also for the families that they leave be- opposition to this motion and believe in the laws. hind. Section 245(i) does not apply to all illegal words of Emma Lazurus and I ask her clarion immigrants. It applies only to those who are Mr. NADLER. Mr. Speaker, I rise to support call become a relic of history? No, it is and will the extension of section 245(i) of the Immigra- prospective lawful citizens who must meet remain a viable statement of American values. the same eligibility requirements they would tion and Nationality Act and to oppose this ef- Thank you Mr. Speaker and I yield back the face if they were applying from their home fort to blatantly force immigrants to endure un- balance of my time. country. necessary hardship. Mr. STENHOLM. Mr. Speaker, I rise today The fine generated $130 million in revenue Section 245(i) enables prospective lawful to express my opposition to this motion to re- which the INS used to detain illegal aliens, permanent residents to adjust their status commit, but also to express my hope that a and eliminating the provision would require while in the United States. This provision gen- compromise policy can be worked out in con- these folks to go back to their home coun- erates, through fees, more than $150 million in ference. I support the goal of this motion ex- tries to be processed thus shifting the burden additional annual revenues, reduces the case- of doing paperwork including background pressing support for House position to allow checks to the State Departments consular load of U.S. consulates overseas, and allows section 245(i) to sunset as required by the Im- offices. immigrants to remain with their families and migration and Nationality Act because I be- Supporters of extending Section 245(i) in- businesses as they adjust their status in the lieve that the Senate legislation, which would clude Colin Peterson, Gary Condit, and Gro- United States rather than being forced to proc- permanently extend this section 245(i), leaves ver Norquist. ess their adjustments abroad. a loophole which could encourage illegal immi- CONS This provision is designed to encourage im- gration and allows those who violate our Na- This provision allows folks who are here il- migrants to comply with the law and become tion's laws to buy a reprieve. legally (either by entering this country ille- legal residents. It punishes people for their in- But, while I agree with the intent of this mo- gally or by falling out of legal status) to sim- fractions and fines them $1,000, and only then tion to close a loophole, I believe that in doing ply pay a fine to erase their illegal status. does it allow immigrants to adjust their status so we should make allowances for those folks Section 245(i) is used by people who entered and become legal residents. If the provision and their families and employers who will be this country illegally but who gained a right greatly impacted by the loss of section 245(i). to apply for legal status by marrying a legal did not exist, some immigrants may continue immigrant or having a child in the U.S. to evade the law in order to remain in this I am convinced that there is middle ground to Supporters of ending Section 245(i) include country and stay with their families. This provi- be found here, and I support looking for a Lamar Smith, Brian Bilbray, and Dana sion is a practical and effective tool that has compromise between the House and Senate Rohrbacher. benefited the U.S. Government as well as bills to provide for a temporary extension of thousands of now legal immigrants. this legislation to give us time to study its im- A LOOPHOLE IN IMMIGRATION LAW If we fail to extend this provision, we will pact on illegal immigration or an extension (By Steven A. Camarota and Jessica have shifted enormous workloads back to U.S. which would help those folks who have made Vaughan) consulates abroad, sacrificed desperately a good faith effort to comply with all our Na- Just a year after Congress overwhelmingly needed funds, and forced undue hardship on tion's immigration laws and who fall out of passed a landmark bill aimed at curbing ille- legal immigrants and their families. legal status. To me, their situations are dif- gal immigration, it is poised to approve a loophole that renders one of the 1996 law’s We ought to extend section 245(i), and ex- ferent from those folks who enter this country illegally. most important reforms meaningless. tend it permanently. The provision in question is section 245(i) Mr. DAVIS of Illinois. Mr. Speaker, I rise in I urge my colleagues to vote against this motion to instruct conferees but also urge con- of the Immigration and Nationality Act, objection to the motion to instruct conferees which allows illegal aliens to undergo visa ferees to continue working to find the middle on H.R. 2267. In this motion is an effort to processing (i.e., receive a green card) in the ground on this issue. While we should do ev- close the process of Americanization to thou- United States, provided they pay a fine of erything in our power to encourage compli- sands of qualified human beings who are a $1,000. Until a few years ago, most of these ance with our Nation's immigration laws and to valuable part of America's future. Mr. Speaker, individuals who have been required to apply discourage illegal immigration, we must take for a visa in their home country. This con- 245(i) permits certain family and employment- into account the cases in which exceptions troversial provision was scheduled to sunset based immigrants to adjust their status to that can be made and should be made which will on Sept. 30. However, at the beginning of the of permanent residence while remaining in the not jeopardize these goals. I support and en- month, after a flurry of media coverage and United States. intense pressure from interest groups, Con- courage my colleagues to support a com- The enactment of Section 245(i) has gen- gress extended it for 23 days and is consider- promise between the extremes of the House erated between $100 and $200 million annu- ing extending it permanently. and Senate bills which will serve the interests ally in additional revenues for the U.S. Gov- By definition, all of the beneficiaries of of all American citizens. ernment and reduces the State Department's 245(i) are illegal aliens. Proponents of high MEMORANDUM immigration have taken pains to describe visa processing caseload by an average of 30 them as ‘‘almost legal’’ or ‘‘on track for a percent. In 1996 the immigration law in- TO: CWS FROM: Julie Turner green card.’’ While it is true they have ap- creased the fine from $650 to $1,000 and re- DATE: October 29, 1997 proved petitions from sponsors, giving them quired that at least 80 percent of the funds permission to apply, this is not the same as RE the Rohrbacher Motion to Instruct Con- being approved for a green card. Their appli- generated be deposited in a INS account, to ferees on Commerce-State-Justice (The cations have yet to be screened for criminal be used as the INS wishes. Failure to extend permanent extension of section 245(i) of and medical history, the likelihood that the this provision of the law would result in a the Immigration Act) shortage in resources for both the INS and the applicant will become dependent on welfare BACKGROUND or other disqualifers. State Department and create a backlog in ap- Section 245(i) of the Immigration and Na- The sunsetting of 245(i) is necessary in plication processing. tionality Act was a temporary provision to order to activate a powerful enforcement Section 245(i) is not an amnesty, it does not allow individuals who are eligible for an im- tool passed last year. Anyone who has been allow illegal immigrants to buy their U.S. sta- migrant visa because of their employment or in the United States illegally for at least five tus. It can only be used by prospective lawful family status to adjust their status (from il- months can now be barred from reentering permanent residents and under close and legal to legal) if they pay a $1,000 fine to the legally for either three or 10 years, depend- INS. This provision was set to sunset on Sep- ing on how long they were here illegally. In careful scrutiny of Federal authorities. In order tember 30th. It was extended by the continu- to adjust their status under this provision of the past, illegal aliens could apply for per- ing resolution, and the Senate Commerce- manent residence without penalty, even if the law, eligible immigrants must meet the State-Justice appropriation bill extends it they had been violating the law by living in same criteria as they would if their visa appli- permanently. the United States for years. If 245(i) ends as cations were processed overseas. PROS scheduled, any illegal alien who aspires to a Mr. Speaker and colleagues, I believe in the Extending section 245(i) is important to green card will have to return home within words of Ms. Emma Lazurus when she wrote: high tech businesses who rely on foreign six months or be subject to the new bar. The October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9653 three-year/10-year bar was passed specifi- Those who claim that business don’t need According to INS statistics, two-thirds of cally with the sunset of 245(i) in mind. If Section 245(i) are being either intentionally those using 245(i) are the spouses and chil- 245(i) is extended, illegal aliens are shielded misleading or don’t understand immigration dren of American citizens and lawful perma- from the bar, rendering it meaningless. law. Allegations that 245(i) only benefits ‘‘il- The advocates of extending 245(i) argue legal aliens’’ are simply not true. Section nent residents. Another portion is used by that because these individuals are already 245(i) is the sole method for certain individ- skilled immigrants sponsored by companies. here, there is little point in forcing them to uals to adjust their status here in the United Section 245(i) can only be used by prospec- return home for their visa processing. Be- States. Section 245(i) cannot help an ‘‘illegal tive lawful permanent residents and under yond the disregard for the rule of law that alien’’ who does not already have a legal careful scrutiny of Federal authorities. In order this view represents, it is also troubling be- basis for obtaining permanent residency. to adjust their status, eligible immigrants must cause it fails to appreciate the message it Section 245(i) does not, under any cir- meet the same criteria they would if their visa cumstances, give an individual a substantive sends to those overseas who are considering applications were reviewed overseas. entering the country illegally. right to convert his or her status from ille- Illegal aliens are in effect being told that gal to legal. Section 245(i) helps many people Allowing section 245(i) to expire will force a they may come whenever they want and stay who have unintentionally violated their sta- cruel separation of families. Silas Archila, who illegally for as long as it takes until they get tus. For example, a foreign student here on lives in my district in San Francisco, is in the a visa. in fact, according to a recent analysis a non-immigrant visa who drops a class one process of becoming a U.S. citizen. He and by the Immigration and Naturalization Serv- summer to lighten his course load may un- his wife run a child care center. If his wife is ice (INS), last year roughly 25 percent of wittingly change from a full-time student to not able to adjust her status through section legal immigrants were 245(i) recipients— a part-time student. If this is the case, this 245(i), she will be forced to leave him to be a student has violated the terms of his non-im- about 230,000 individuals. What’s more, the single parent of their 4-year-old daughter, a State Department estimates that perhaps 1 migrant visa. This innocent and unknowing million people on visa waiting lists are resid- violation of his status makes him ineligible U.S. citizen, and she will be barred for 3 years ing in the United States illegally. Clearly, to adjust his status through Section 245(a). from immigrating to the United States. such a system encourages illegal immigra- His only option is 245(i). Allowing section 245(i) to expire will force tion. Sunset of this provision will have a highly many battered immigrant women to return to In addition to contributing to illegal im- detrimental impact on U.S. businesses. Our countries that cannot protect themÐeven migration, 245(i) has other problematic as- business community hires many foreign na- though, as part of their Violence Against pects. The program creates a potential con- tionals with crucial, hard to obtain skills. These individuals are an integral part of op- Women Act case, each woman has already flict of interest for the INS. In fiscal year proven to the INS that returning to that country 1996 the INS collected roughly $200 million in erations at companies such as Motorola, fines from 245(i) recipients. Thus, the INS is Microsoft, Texas Instruments, and Bell At- and being forced to leave the United States in the awkward position of arguing that ille- lantic. These individuals are often sponsored would cause her and her children extreme gal aliens should be allowed to stay because by their employers to adjust their status to hardship. the agency needs the money their fines gen- permanent residence because of their impor- Failure to permanently extend this provision erate. tance to company operations. places unnecessary burdens on families and An approved non-immigrant visa petition What’s more, what does the 245(i) program businesses, which will also suffer from the say to those who are playing by the rules and must be constantly updated, with no room for any margin of error. If a person works for loss of skilled workers. I urge my colleagues patiently waiting their turn to come to the to oppose this motion to instruct. United States? This is the immigration pol- a company that has gone through a merger Mr. DEFAZIO. Mr. Speaker, this motion as I icy equivalent of the Redskins ignoring the or an acquisition, or if the person is trans- waiting list for season tickets and allowing ferred or has undergone a change of job title, understand it would effectively terminate the anyone who manages to sneak into Jack that person’s application must be updated 245(i) program which permits immigrants who Kent Cooke Stadium to stay and watch the and re-filed. Many times this is overlooked, have overstayed their travel student visas to game from whatever seat they can find, pro- because the individual and the company are qualify for legal citizenship by remaining in the not immigration law experts, and are un- vided they pay a $50 fine. aware that failure to update the application United States and paying a $1,000 fee to the There is also the question of which agency INS. I fully understand the concerns of many can best process visa applications. Recently renders the individual out of status. Section 245(i) is the only way valued em- Oregonians who support extending this pro- the blue ribbon commission on Immigration ployees can adjust their status if they have, Reform recommended that the State Depart- gram indefinitely. However, I have also heard at any time, gone out of status. Extension of ment take over all visa functions from the from some of my constituents who oppose ex- Section 245(i) becomes even more crucial to INS. State Department personnel abroad tending this program because it would invite il- U.S. business when viewed in conjunction know the local languages and customs and legal boarder crossings. I do not support any with the Illegal Immigrant Reform and Im- are in contact with local authorities. Thus, migrant Responsibility Act of 1996 measure that would unravel the progress we they are far better equipped to evaluate visa (IIRAIRA). IIRAIRA bans individuals who have made in enacting tough immigration re- applications than the INS. Moreover, allow- have violated their status from entering the form laws passed during the 104th Congress. ing people to apply for visas from within the United States for 3 or even 10 years. If Sec- I have long been a strong advocate of sen- United States makes any effort to keep out tion 245(i) is not permanently extended and sible immigration reform. That is why I voted those who are found ineligible, such as crimi- an employee must leave the country to ob- nals, totally ineffective because even if their for the Immigration Reform Act of 1996, which tain permanent residence, that employee increases the number of border patrol agents applications are denied their chances of could be barred from entering the United being deported are slim. States for at least 3 years, and possibly 10. and cuts the number of legal immigrants en- Clearly, any policy that results in more il- Their absence will greatly disrupt U.S. com- tering the United States. However, this motion legal immigration should be carefully con- panies, and put them at a distinct disadvan- places an arbitrary limit on the hundreds of sidered. There are now about 5 million ille- tage in a competitive marketplace. legal immigrants who are currently being proc- gal aliens living in the country, with 400,000 Section 245(i) raises badly needed revenue essed for residency status. more settling each year. Ample research in- for the INS. This provision raised over $200 The 245(i) program applies to immigrants dicates that the presence of illegal aliens de- million in fiscal year 1997. Most of those presses wages for other workers who are who have overstayed their visa and are eligi- funds went directly to the INS to combat il- ble for residency status. The program also ap- forced to compete with them for low-wage legal immigration. It is baffling why those jobs. Also, illegal aliens work disproportion- opposed to 245(i) would eliminate a provision plies to individuals who are here legally and ately in the underground economy and hold that aids in the fight against illegal immi- are seeking citizenship so that they do not low-wage jobs, and thus typically pay very gration. have to return to their native country and wait little in taxes—yet, they sue such costly tax- Permanent extension of 245(i) makes sense 3 years before they can enter the United payer-provided services as education, public because it can only be used in individuals States as a legal immigrant. Most applicants hospitals and the criminal justice system. who are already eligible for permanent resi- of this program are spouses and children of The upcoming decision on section 245(i) is dence, it raises badly needed revenue for the ultimately about whether Congress places a U.S. citizens who would otherwise become eli- INS to combat illegal immigration, and it gible for permanent resident status. However, higher value on the convenience of illegal gives U.S. companies the flexibility they aliens or on effective and fair immigration need to attract and retain crucial, highly- for those who enter illegally, this program enforcement. skilled employees. I urge you to support per- should not apply. manent extension of Section 245(i). I will vote present on this motion because it WASHINGTON, DC, Sincerely, does not let Congress take a more pragmatic October 23, 1997. LAURA FOOTE REIFF, approach. I believe we can balance the con- DEAR MEMBER OF CONGRESS: I would like to Partner, Baker & McKenzie. respond to some of the misinformation that cerns of both points of view. This motion does has been disseminated in the context of the Ms. PELOSI. Mr. Speaker, I rise in strong not distinguish between legal and illegal immi- debate over extension of Section 245(i) of the opposition to this motion to instruct conferees grants but 245(i) would apply for both. I be- Immigration and Nationality Act. to block the extension of section 245(i). lieve we should make this important distinction H9654 CONGRESSIONAL RECORD — HOUSE October 29, 1997 so that people entering illegally will not be al- immigrant visa traffic was using 245(i) to be Compassion is a hallmark of the American lowed to enter under the same conditions as processed stateside by INS. This appropria- people; it is part of our character as a nation. those who enter legally. This approach does tions bill does not restore this lost funding for Today's vote will be a test of our compassion. not let immigrants violate current immigration overseas consular staff, so the Department of I urge my colleagues to oppose repeal of this laws but would allow those currently seeking State will leave visa applicants subject to ever law. residency status to complete the process. longer delays in processing and will create a Mr. ABERCROMBIE. Mr. Speaker, today I In the spirit of enacting fair and sensible im- bureaucratic nightmare for thousands of U.S. rise to speak against the motion to instruct migration policy, Congress should adopt a families and businesses. conferees on H.R. 2267, the Departments of more realistic termination date so that current The Senate voted overwhelminglyÐ99 to Commerce, Justice, State appropriations bill applicants waiting to join their families here 0Ðto adopt its version of the Commerce, Jus- for fiscal year 1998. are not forced to leave the U.S. immediately. tice, State appropriations bill, which included I support section 245(i) of the Immigration Mrs. MINK of Hawaii. Mr. Speaker, I rise in language to make 245(i) permanent. They had and Nationality Act. The provision allows cer- strong opposition to the motion to instruct con- good reason to do so. Not only does 245(i) tain immigrants to have their papers proc- ferees on Commerce-Justice-State appropria- keep families intact until permanent residency essed here in order to become permanent tions for fiscal year 1998. becomes available, it also helps businesses residents, rather than requiring them to return This motion to instruct would throw another keep some of their most unique, valuable, to their home country. Section 245(i) is avail- roadblock before the conferees, by insisting on skilled employees. This skill base keeps hun- able only to people who are already eligible to House language that allows section 245(i) of dreds of U.S. firms competitive in the inter- become permanent residents, that is, those the Immigration and Nationality Act to sunset. national marketplace. who are sponsored by close family members A significant proportion of people who use Scores of America's leading companies sup- or by employers who cannot find eligible U.S. 245(i) never intended to break the law. Rather, port making 245(i) a permanent part of U.S. workers, and whose ``priority date'' is current they were tripped up by the Immigration and law, including: AT&T, Apple Computers, Bayer under existing quotas. The provision does not, Nationality Act, which is arguably second only Corp., Digital Equipment Corp., Dow Chemi- as alleged, give illegal immigrants the right to to the Tax Code in its sheer complexity. My cal, Ford Motor Co., Hewlett-Packard, INTEL, live in the United States. Nor does the provi- colleagues who have criticized the Internal Maytag, Merck, Microsoft, Monsanto, Motor- sion change the order in which a person's Revenue Service for strictly enforcing arcane ola, Procter & Gamble, Sun Microsystems, claim is adjudicated. There is one single tax laws will agree that honest mistakes hap- Texas Instruments, TRW, Westinghouse Elec- worldwide line for everyone waiting for their pen. Likewise, these 245(i) applicants are not tric, and Xerox. Even the U.S. Chamber of immigrant visa. running from the Immigration and Naturaliza- Commerce wants 245(i) to continue. I am baf- People adjusting status under section 245(i) tion Service. They are not fighting the paper- fled as to why my colleagues on the other side are screened to make sure that they are work requirements or griping about the $1,000 of the aisle would not listen to these business barred from obtaining a green card on penalty. All they want is to retain the oppor- and industry leaders on this issue. grounds such as criminal offenses, health tunity they now have in the law to set things This debate is not a question of whether problems, becoming a public charge, or other right and get on with their lives. these intending immigrants will eventually get thresholds of inadmissibility. In addition, peo- Let us be clear: To be eligible to adjust sta- a green card. They will get a green card, so ple applying under section 245(i) must submit tus under section 245(i), these intending immi- long as American relatives or employers spon- fingerprints to the Federal Bureau of Investiga- grants must meet all other immigration re- sor them. tion to verify that they have no disqualifying quirements: they must not have a criminal Killing 245(i) will not bring integrity to our criminal history in the United States or in their record; they must not be terrorists; they can- immigration system. What it will do is cost the home country. not belong to the Communist Party; they may INS revenue for detaining criminal aliens, drop If section 245(i) is not extended, both the not have an illness that presents a public a staggering, unfunded workload onto the De- Immigration and Naturalization [INS] and the health hazard; and they cannot be at risk of partment of State, disrupt family reunification, State Department will be adversely impacted becoming a public charge. They still go and interrupt business activity and innovation by a significant shift in workload. INS will lose through the criminal background and health in our leading industriesÐjust so we can send personnel and money now earmarked for checks that any other visa applicant doesÐ a message that minor immigration violations badly needed apprehension and detention ef- they simply do it here in the United States. will not be tolerated. forts. Section 245(i) generated about $200 mil- For this same reason, section 245(i) will not Kicking hundreds of thousands of immi- lion in revenues in fiscal year 1996, of which stop deportations. In the first place, it is ex- grants out of the country for minor violations 80 percent was used for detention. U.S. con- tremely rare for persons who find themselves makes no practical or fiscal sense. It doesn't sulates abroad will be under great strain due in deportation proceedings to have a visa ap- help America fight illegal immigration. It is to the increased workload without the addi- proved, ready and waiting for them, so they merely a way for hard-line immigration oppo- tional resources that section 245(i) provides. could not even apply to adjust status under nents to make an example of the very people U.S. citizens who seek services from one of 245(i). This fiscal year, INS removals sky- who are trying to do the right thing. these agencies will suffer, not just those indi- rocketed to nearly 100,000, despite the fact Mr. WATTS of Oklahoma. Mr. Speaker, viduals who could have used section 245(i). that 245(i) was in effect. Clearly 245(i) has not today we will have a vote on a provision of the Section 245(i) allows business to keep val- interfered with deportations in the slightest. Nation's immigration law referred to as section ued employees, allows families to stay to- Foes of 245(i) call it a unique, special con- 245(i). I hope my colleagues will vote against gether, and pays for detention. cession under immigration law. This is untrue. repealing this provision of the law. I urge my colleagues to vote ``no'' on the Every day we allow people to cross our bor- Section 245(i) allows individuals who are on motion to instruct conferees. ders on fiancee visas, so they can marry U.S. the brink of becoming legal permanent resi- Mr. RILEY. Mr. Speaker, I rise today in citizens. Yet, we allow these fiancees to com- dents to adjust their status without having to strong support of this important motion. plete their immigrant processing here in the leave the country. The majority of these indi- In my view, our Nation can only be secure United States. viduals are the spouses and children of Amer- when its borders are secure. In recent years, Furthermore, keeping section 245(i) makes ican citizens. and Nation's illegal alien population has fiscal sense. At least 80 percent of the pen- Without this provision we tell these future reached intolerable levelsÐlevels that threaten alties paidÐ$74 million this year aloneÐpay citizens they must leave the country and leave American jobs and place tremendous burdens for detaining criminal aliens whom the INS their families and wait for perhaps years to be on government services. America can no seeks to deport. The INS budget receives reunited with them in the United States. Dur- longer withstand the flood of illegal immigra- $100 million per year from 245(i) penalties, but ing that waiting time, they cannot re-enter the tion. unfortunately this motion to instruct does not country to visit their families for any reasonÐ Last year, Congress passed landmark legis- say where we should cut to make up the loss not to attend a family wedding not to attend a lation that, once and for all, cracked down on of funding. family baptism, not even to attend a family fu- illegal immigration to our great Nation. Unfor- Meanwhile, the State Department would neral. tunately, Mr. Speaker, there is a provision of have to shoulder a greatly increased burden of Having said that, I understand what my col- law known as 245(i), which I believe under- visa processing. Since fiscal year 1994 when league from California is trying to accomplish mines the intent of the Illegal Immigration Re- 245(i) was instituted, appropriators have been and I have to believe that somehow we can form Act, sends the wrong message to the able to significantly cut spending on U.S. con- negotiate and draft legislation that will punish world, and seriously threatens our national se- sular staff abroad, because 30 percent of their the bad and not the good. curity. It does so by allowing illegal aliens to October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9655 pay the INS $1,000 to change their status Bryant Hastert Pitts McDermott Peterson (MN) Smith, Linda Bunning Hastings (WA) Porter McGovern Pickett Snyder from illegal to legal without appropriate back Burton Hayworth Pryce (OH) McHale Pombo Souder ground checks. Callahan Hefley Radanovich McHugh Pomeroy Spratt Who benefits most from 245(i)? People who Calvert Herger Riggs McInnis Portman Stabenow illegally cross our borders or overstay their Campbell Hill Roemer McIntyre Poshard Stark Canady Hilleary Rogan McKinney Price (NC) Stenholm visas. In other words, it benefits illegal aliens. Chambliss Hobson Rohrabacher McNulty Quinn Strickland Consequently, 245(i) sends a dangerous mes- Christensen Horn Roukema Meehan Rahall Stupak sage to the world. The message. ``Don't wait Coble Hostettler Royce Meek Ramstad Talent Coburn Hulshof Ryun Menendez Rangel Tanner to legally enter the United States. Come ille- Collins Hunter Salmon Metcalf Redmond Tauscher gally and have your status adjusted for only Combest Hutchinson Sanford Millender- Regula Thomas $1,000.'' Cooksey Inglis Scarborough McDonald Reyes Thompson Mr. Speaker, 245(i) also creates a very real Cox Istook Schaefer, Dan Miller (CA) Rivers Thornberry Cunningham Johnson, Sam Schaffer, Bob Minge Rodriguez Thurman threat to our Nation's national security and to Deal Jones Sensenbrenner Mink Rogers Tierney the safety of our citizens. While many aliens DeLay Kasich Sessions Moakley Ros-Lehtinen Torres who come to this country illegally do so to find Dickey Kingston Shadegg Mollohan Rothman Towns Doolittle Klug Shaw Moran (VA) Roybal-Allard Turner a better way of life, others have more sinister Dreier Largent Shimkus Morella Rush Upton reasons. The recent arrest in New York of two Duncan Lewis (CA) Shuster Murtha Sabo Velazquez possible suicide bombers illustrates how easily Dunn Lewis (KY) Skeen Myrick Sanchez Vento criminals and terrorists can evade our immi- Ehrlich Linder Smith (MI) Nadler Sanders Visclosky Emerson LoBiondo Smith (OR) Neal Sandlin Walsh gration controls. Simply put, 245(i) makes it Ensign Lucas Smith (TX) Nussle Sawyer Waters easier for dangerous criminals and terrorists to Everett Manzullo Snowbarger Oberstar Saxton Watt (NC) enter and remain in this country. Worse yet, Ewing McCollum Solomon Obey Schumer Watts (OK) Fawell McCrery Spence Olver Scott Waxman they can stay without being subjected to crimi- Foley McKeon Stearns Ortiz Serrano Weller nal background checks in their home coun- Fowler Mica Stump Owens Shays Wexler tries. Franks (NJ) Miller (FL) Sununu Oxley Sherman Weygand Frelinghuysen Moran (KS) Tauzin Pallone Sisisky White If this is true, then why would the INS sup- Gallegly Nethercutt Taylor (MS) Pappas Skaggs Wise port 245(i)? The answer is simple, Mr. Speak- Ganske Neumann Taylor (NC) Pascrell Skelton Woolsey er. The INS supports 245(i) to make a buck Gibbons Ney Thune Pastor Slaughter Wynn and to lighten their caseload. For example, Gillmor Northup Tiahrt Paul Smith (NJ) Yates Goode Norwood Traficant Pelosi Smith, Adam Young (AK) INS argues that it needs 245(i) because the Goodlatte Packard Wamp provision expedites thousands of green card Goodling Parker Watkins ANSWERED ‘‘PRESENT’’—1 applications a year. They also say that the Goss Paxon Weldon (PA) DeFazio Graham Pease Whitfield provision raises more than $200 million a year Greenwood Peterson (PA) Wicker NOT VOTING—10 in badly needed funds. Yet, at $1,000 per per- Gutknecht Petri Wolf Cubin McIntosh Stokes son, INS is allowing more than 200,000 addi- Hansen Pickering Young (FL) Gonzalez Payne Weldon (FL) tional illegal aliens a year to remain in this Houghton Riley country. I do not believe that INS should con- NAYS—268 Kelly Schiff tinue to risk American lives, create additional Abercrombie Davis (VA) Hooley b 1617 burdens on government services, and cost Ackerman DeGette Hoyer Allen Delahunt Hyde Mr. VISCLOSKY, Mr. MCINNIS and American jobs just to make a buck or to light- Andrews DeLauro Jackson (IL) Ms. DELAURO changed their vote from Armey Dellums Jackson-Lee en their caseload. ‘‘yea’’ to ‘‘nay.’’ Mr. Speaker, 245(i) may work well for illegal Bachus Deutsch (TX) Baesler Diaz-Balart Jefferson Messrs. HEFLEY, SOLOMON, PACK- aliens and INS, but it does not work well for Baldacci Dicks Jenkins ARD and DELAY changed their vote the American people. It is time we do the right Ballenger Dingell John from ‘‘nay’’ to ‘‘yea.’’ thing and let 245(i) expire. I urge your support Barcia Dixon Johnson (CT) Barrett (WI) Doggett Johnson (WI) So the motion to instruct was re- of this important motion. Becerra Dooley Johnson, E. B. jected. The SPEAKER pro tempore. Without Bentsen Doyle Kanjorski The result of the vote was announced Berman Edwards Kaptur objection, the previous question is or- as above recorded. dered on the motion to instruct. Berry Ehlers Kennedy (MA) Bishop Engel Kennedy (RI) A motion to reconsider was laid on There was no objection. Blagojevich English Kennelly the table. The SPEAKER pro tempore. The Blumenauer Eshoo Kildee f question is on the motion to instruct Boehlert Etheridge Kilpatrick Bonilla Evans Kim offered by the gentleman from Califor- Bonior Farr Kind (WI) PERSONAL EXPLANATION nia [Mr. ROHRABACHER]. Borski Fattah King (NY) Mr. THOMAS. Mr. Speaker, on roll call No. The question was taken; and the Boswell Fazio Kleczka Boucher Filner Klink 541, I cast a ‘‘no’’ vote. I had intended to vote Speaker pro tempore announced that Brown (CA) Flake Knollenberg ‘‘aye.’’ the noes appeared to have it. Brown (FL) Foglietta Kolbe f Mr. ROHRABACHER. Mr. Speaker, I Brown (OH) Forbes Kucinich object to the vote on the ground that a Burr Ford LaFalce NUCLEAR WASTE POLICY ACT OF Buyer Fox LaHood 1997 quorum is not present and make the Camp Frank (MA) Lampson point of order that a quorum is not Cannon Frost Lantos The SPEAKER pro tempore (Mr. present. Cardin Furse Latham CAMP). The Chair is prepared to declare Carson Gejdenson LaTourette The SPEAKER pro tempore. Evi- Castle Gekas Lazio the House resolved into the Committee dently a quorum is not present. Chabot Gephardt Leach of the Whole for consideration of H.R. The Sergeant at Arms will notify ab- Chenoweth Gilchrest Levin 1270. sent Members. Clay Gilman Lewis (GA) Clayton Gordon Lipinski For what purpose does the gentleman The vote was taken by electronic de- Clement Granger Livingston from Nevada [Mr. ENSIGN] rise? vice, and there were—yeas 153, nays Clyburn Green Lofgren UNFUNDED MANDATE POINT OF ORDER 268, answered ‘‘present’’ 1, not voting Condit Gutierrez Lowey Conyers Hall (OH) Luther Mr. ENSIGN. Mr. Speaker, I rise to 10, as follows: Cook Hall (TX) Maloney (CT) make a point of order under section 425 [Roll No. 541] Costello Hamilton Maloney (NY) of the Budget Act on the basis that the Coyne Harman Manton YEAS—153 Cramer Hastings (FL) Markey provision beginning on page 56, line 15, Aderholt Barton Bliley Crane Hefner Martinez imposes an unfunded intergovern- Archer Bass Blunt Crapo Hilliard Mascara mental mandate on State governments. Baker Bateman Boehner Cummings Hinchey Matsui The SPEAKER pro tempore. The gen- Barr Bereuter Bono Danner Hinojosa McCarthy (MO) Barrett (NE) Bilbray Boyd Davis (FL) Hoekstra McCarthy (NY) tleman from Nevada makes a point of Bartlett Bilirakis Brady Davis (IL) Holden McDade order that the bill violates section H9656 CONGRESSIONAL RECORD — HOUSE October 29, 1997 425(a) of the Congressional Budget Act Mr. Speaker, I yield back the balance Hulshof Morella Schaffer, Bob of 1974. of my time. Hunter Murtha Scott Hutchinson Myrick Sensenbrenner In accordance with section 426(b)(2) Mr. ENSIGN. Mr. Speaker, I yield Inglis Neal Sessions of the Act, the gentleman must specify myself such time as I may consume. Istook Nethercutt Shadegg precise language in the bill on which he Just very briefly, the Congressional Jenkins Neumann Shaw Shays predicates his point of order. Having Budget Office definitely stated that John Ney Johnson (CT) Northup Shimkus met the threshold burden to identify Shuster this bill violates the unfunded mandate Johnson (WI) Norwood Sisisky specific language in the bill, the gen- law that was part of the Contract With Johnson, E. B. Nussle tleman from Nevada [Mr. ENSIGN] and a Skeen America. The gentleman stated that Johnson, Sam Oberstar Skelton Member opposed, the gentleman from the State of New York wishes to waive Jones Obey Smith (MI) Colorado [Mr. DAN SCHAEFER], each this, or at least the public utility. Kanjorski Olver Smith (NJ) Kaptur Ortiz will control 10 minutes of debate on the However, the State of Nevada does not Smith (OR) question of consideration under Kasich Oxley Smith (TX) wish to waive its unfunded mandate, Kennelly Packard Smith, Linda 426(b)(4). and that is why we are asking for a Kildee Pallone Snowbarger Pursuant to section 426(b)(3) of the vote on this. A lot of people in this Kim Pappas Snyder Act, after debate, the Chair will put House in the last Congress voted for Kind (WI) Parker Solomon the question of consideration, to wit: King (NY) Pastor Spence the unfunded mandate law, and we are Spratt ‘‘Will the bill H.R. 1270 be considered?’’ Kleczka Paxon asking that those people be consistent Klink Pease Stabenow The Chair recognizes the gentleman on their vote. Klug Peterson (MN) Stark from Nevada [Mr. ENSIGN]. Stearns Mr. Speaker, I yield back the balance Knollenberg Peterson (PA) Mr. ENSIGN. Mr. Speaker, I yield Kolbe Petri Stenholm of my time. LaHood Pickering Strickland myself such time as I may consume. Stump The SPEAKER pro tempore. Pursu- Largent Pickett The Congressional Budget Office states Stupak Latham Pitts in its cost estimate of H.R. 1270, dated ant to section 426(b)(3) of the Congres- Sununu LaTourette Pomeroy September 25, 1997, that H.R. 1270 con- sional Budget Act, the question is: Tanner Shall the bill, H.R. 1270, be considered? Lazio Porter Tauzin tains intergovernmental mandates as Leach Portman Taylor (MS) defined in the Unfunded Mandates Re- The question was taken; and the Levin Poshard Taylor (NC) form Act of 1995, PL 104–4. CBO esti- Speaker pro tempore announced that Lewis (KY) Price (NC) Thomas mates that if this bill were enacted the ayes appeared to have it. Linder Pryce (OH) Thompson Mr. ENSIGN. Mr. Speaker, I object to Lipinski Quinn Thornberry into law, the New York Power Author- Livingston Rahall Thune ity, a publicly owned utility, would be the vote on the ground that a quorum LoBiondo Ramstad Thurman required to pay $180 million in the year is not present and make the point of Lofgren Redmond Tiahrt 2002. The Unfunded Mandates Reform order that a quorum is not present. Luther Regula Towns The SPEAKER pro tempore. Evi- Manton Riggs Traficant Act set a threshold of $50 million for Manzullo Riley Turner 1996, annually adjusted for inflation. dently a quorum is not present. Mascara Rivers Upton Therefore, CBO estimates that these The Sergeant at Arms will notify ab- McCarthy (MO) Rodriguez Vento Visclosky sent Members. McCarthy (NY) Rogan mandates would impose costs on State Walsh McCollum Rogers governments exceeding the threshold. The vote was taken by electronic de- Wamp McCrery Rohrabacher Mr. Speaker, I demand a ruling by vice, and there were—yeas 312, nays Watkins McDade Ros-Lehtinen the Chair that sustains my point of 105, not voting 15, as follows: Weldon (PA) McHugh Roukema Weller order against H.R. 1270 because it [Roll No. 542] McInnis Royce Wexler McIntyre Rush clearly violates the Unfunded Man- YEAS—312 White dates Reform Act that forbade un- Menendez Ryun Whitfield Aderholt Cannon Ewing funded mandates on State and local Metcalf Sabo Wicker Allen Cardin Farr Mica Salmon Wolf governments. Archer Castle Fattah Miller (FL) Sandlin Wynn Mr. Speaker, I reserve the balance of Armey Chabot Fawell Minge Sanford Young (FL) my time. Bachus Chambliss Fazio Mollohan Sawyer Mr. DAN SCHAEFER of Colorado. Baker Chenoweth Flake Moran (KS) Saxton Baldacci Clayton Foley Moran (VA) Schaefer, Dan Mr. Speaker, I yield myself such time Ballenger Clement Forbes as I may consume. Mr. Speaker, sec- Barcia Clyburn Fowler NAYS—105 tion 403(a)(3) of H.R. 1270 provides for Barr Coble Fox Barrett (NE) Collins Frank (MA) Abercrombie Hastings (FL) Mink payment of outstanding onetime fees Barrett (WI) Combest Frelinghuysen Ackerman Hinchey Moakley owed by 13 utilities by the end of the Bartlett Condit Frost Andrews Holden Nadler fiscal year 2002. This provision is not in Barton Conyers Gallegly Baesler Hooley Owens my estimation an unfunded intergov- Bass Cook Ganske Becerra Jackson (IL) Pascrell Bateman Costello Gejdenson Blagojevich Jackson-Lee Paul ernmental mandate because it relates Bentsen Cox Gilchrest Blumenauer (TX) Pelosi only to the timing of these payments. Bereuter Coyne Gillmor Bryant Jefferson Pombo The obligation to pay these fees was Berman Cramer Gilman Campbell Kennedy (MA) Radanovich created 15 years ago by the Nuclear Berry Crane Goode Carson Kennedy (RI) Rangel Bilbray Crapo Goodlatte Christensen Kilpatrick Reyes Waste Policy Act of 1982, not by H.R. Bilirakis Cunningham Goodling Clay Kingston Roemer 1270. Bishop Danner Gordon Coburn Kucinich Rothman I do have a letter here dated October Bliley Davis (FL) Goss Cooksey LaFalce Roybal-Allard Blunt Davis (VA) Cummings Lampson Graham Sanchez 27, 1997, from the New York Power Au- Boehlert Deal Granger Davis (IL) Lantos Sanders thority, and it simply says: Boehner DeLay Green DeFazio Lewis (CA) Scarborough Bonilla Deutsch Greenwood DeGette Lewis (GA) Pursuant to the Nuclear Waste Pol- Schumer Bonior Diaz-Balart Gutknecht Delahunt Lowey icy Act of 1982, the Power Authority Serrano Bono Dickey Hall (OH) DeLauro Lucas Sherman entered into a contract with the DOE Borski Dicks Hall (TX) Dellums Maloney (CT) for the disposal of spent nuclear fuel. Boswell Dingell Hamilton Doggett Maloney (NY) Skaggs We chose the option of paying the one- Boucher Dixon Hastert Engel Markey Slaughter Boyd Dooley Hastings (WA) English Martinez Smith, Adam time disposal fee, and accumulated in- Brady Doolittle Hayworth Ensign Matsui Souder terest, for pre-1983 fuel at the time we Brown (CA) Doyle Hefley Evans McDermott Talent first ship spent nuclear fuel to the DOE Brown (FL) Dreier Hefner Filner McGovern Tauscher facility. Accordingly, we do not view Brown (OH) Duncan Herger Foglietta McHale Tierney Bunning Dunn Hill Ford McKeon Velazquez this payment as an unfunded mandate, Burr Edwards Hilleary Furse McKinney Waters as long as DOE meets its obligation Burton Ehlers Hilliard Gekas McNulty Watt (NC) under H.R. 1270 to provide interim stor- Buyer Ehrlich Hobson Gephardt Meehan Watts (OK) Callahan Emerson Hoekstra Gibbons Meek Waxman age and disposal capacity. Calvert Eshoo Horn Gutierrez Millender- Weygand Mr. Speaker, I think that a point of Camp Etheridge Hostettler Hansen McDonald Woolsey order is not inclined to be there. Canady Everett Hoyer Harman Miller (CA) Young (AK) October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9657

NOT VOTING—15 ‘‘SEC. 207. APPLICABILITY. SCHAEFER] will be recognized for the Cubin Hyde Stokes ‘‘Nothing in this Act shall affect the time of the gentleman from Virginia, Franks (NJ) Kelly Torres applicatino of chapter 51 of title 49, United [Mr. BLILEY], and the Chair recognizes Gonzalez McIntosh Weldon (FL) States Code; part A of subtitle V of title 49, the gentleman from Colorado, [Mr. DAN Hinojosa Payne Wise United States Code; part B of subtitle VI of Houghton Schiff Yates title 49, United States Code; and title 23, SCHAEFER]. Mr. DAN SCHAEFER of Colorado. b 1646 United States Code.’’. Page 81, after line 13, insert the following: Mr. Chairman, I yield myself such time Messrs. DOGGETT, MEEHAN, SCHU- ‘‘SEC. 510. SEPARABILITY. as I may consume. MER, and MILLER of California ‘‘If any provision of this Act, or the appli- (Mr. DAN SCHAEFER of Colorado changed their vote from ‘‘yea’’ to cation of such provision to any person or cir- asked and was given permission to re- ‘‘nay.’’ cumstance, is held to be invalid, the remain- vise and extend his remarks.) Messrs. BROWN of Ohio and FLAKE der of this Act, or the application of such Mr. DAN SCHAEFER of Colorado. changed their vote from ‘‘nay’’ to provision to persons or circumstances other Mr. Chairman, today the House of Rep- ‘‘yea.’’ than those as to which it is held invalid, resentatives is considering H.R. 1270, So the House agreed to consider H.R. shall not be affected thereby.’’. legislation to repeal the Nuclear Waste In the table of contents— 1270. Policy Act of 1982 and replace it with The result of the vote was announced (1) in the item relating to section 207 amend the heading to read as follows: ‘‘Ap- the Nuclear Waste Policy Act of 1997. as above recorded. Mr. Chairman, H.R. 1270 was approved A motion to reconsider was laid on plicability’’; and by the Committee on Commerce by a the table (2) add at the end of title V the following: wide margin of 43 to 3, enjoys broad bi- f ‘‘Sec. 510. Separability. Page 21, line 6, redesignate subparagraph partisan support, and was carefully MODIFICATION OF AMENDMENT (B) as subparagraph (C) and insert after line crafted over a 21⁄2-year period. TO H.R. 1270, NUCLEAR WASTE 5 the following: H.R. 1270 achieves the following four POLICY ACT OF 1997 ‘‘(B) EMERGENCY RESPONDER TRAINING principal goals: number one, the ac- Mr. DAN SCHAEFER of Colorado. STANDARDS.—The training standards for per- ceptance of nuclear waste at an in- sons responsible for responding to emergency terim storage facility in the year 2002; Mr. Speaker, I ask unanimous consent situations occurring during the removal and that during consideration of H.R. 1270, number two, it continues progress to- transportation of spent nuclear and high ward permanent disposal of nuclear pursuant to House Resolution 283, it level radioactive waste shall, in accordance may be in order to consider the amend- with existing regulations, ensure their abil- waste at a geological repository; num- ment numbered 1 in House Report 105– ity to protect nearby persons, property, or ber three, it improves safety by con- 354 in the modified form that I have the environment from the effects of acci- solidating storage of nuclear waste; placed on the desk. dents involving spent nuclear fuel and high- and, four, it enhances consumer protec- The SPEAKER pro tempore (Mr. level radioactive waste. tion by ending the diversion of consum- CAMP). The Clerk will report the modi- Mr. DAN SCHAEFER of Colorado ers’ fees for other Federal programs. fication. (during the reading). Mr. Chairman, I Mr. Chairman, last year the U.S. The Clerk read as follows: ask unanimous consent that the Court of Appeals for the District of Co- Amendment No. 1, as modified, offered by amendment, as modified, be considered lumbia Circuit held in the Indiana Mr. DAN SCHAEFER of Colorado: as read and printed in the RECORD. Michigan Power Company that DOE Page 19, line 2, insert before the period the The SPEAKER pro tempore. Is there has a legal obligation to begin accept- following: , using routes that minimize, to ance of nuclear waste in January of the maximum practicable extent and con- objection to the request of the gen- sistent with Federal requirements governing tleman from Colorado? 1998. It is impossible for DOE to fulfill transportation of hazardous materials, There was no objection. its legal duty to begin acceptance in transportation of spent nuclear fuel and The SPEAKER pro tempore. Without 1998, and under current programs that high-level radioactive waste through popu- objection, the modification is agreed the DOE has, it will not be able to lated areas to. begin acceptance until the year 2010. Page 19, beginning in line 3, strike ‘‘In con- There was no objection. H.R. 1270 enables DOE to fulfill its junction with’’ and insert the following: legal obligation to begin acceptance at ‘‘(1) IN GENERAL.—In conjunction with’’ and f an interim storage facility in 2002, an add after line 16 on page 19 the following: THE NUCLEAR WASTE POLICY ACT ‘‘(2) RAIL ROUTES.—Not later than one year earlier date that permits time for the after the date of the enactment of this Act, OF 1997 NRC for licensing of this particular fa- the Secretary of Transportation shall estab- The SPEAKER pro tempore. Pursu- cility. lish procedures for the selection of preferred ant to House Resolution 283 and rule The overriding goal of the nuclear rail routes for the transportation of spent XXIII, the Chair declares the House in waste program since 1983 has been pro- nuclear fuel and high-level radioactive waste viding for permanent disposal of nu- to the interim storage site and the reposi- the Committee of the Whole House on tory site. Such procedures shall be estab- the State of the Union for the consider- clear waste in a geological repository. lished in consultation with the designated ation of the bill, H.R. 1270. That goal is strengthened by H.R. 1270. Congress has always sought to avoid a emergency services planning management b 1648 official for any State or Indian tribe affected competition for funding between an in- by the rail routes selected. IN THE COMMITTEE OF THE WHOLE terim storage facility and a repository. Page 20, line 20, insert after ‘‘organiza- Accordingly, the House resolved it- H.R. 1270 avoids such competition by tions’’ the following: ‘‘, voluntary emergency self into the Committee of the Whole providing ample funds to pursue both response organizations,’’. Page 24, line 16, strike ‘‘regulations pro- House on the State of the Union for the programs. According to DOE, the fund- mulgated by the Commission’’ and insert consideration of the bill (H.R. 1270) to ing provisions of H.R. 1270 provide suf- ‘‘existing Federal regulations’’. amend the Nuclear Waste Policy Act of ficient funds to provide for interim Page 25, beginning on line 1, strike ‘‘The’’ 1982, with Mr. MCINNIS in the chair. storage while maintaining the progress and all that follows through ‘‘paragraph (1)’’ The Clerk read the title of the bill. towards development of a permanent on line 3 and insert ‘‘If training standards The CHAIRMAN. Pursuant to the repository. are required to be promulgated under para- rule, the bill is considered as having H.R. 1270 has protections designed to graph (1), such standards’’. Page 25, line 5, strike ‘‘include the follow- been read the first time. assure the interim storage facility can- ing provisions—’’ and insert ‘‘provide for—’’. Under the rule, the gentleman from not become a de facto permanent facil- Page 25, after line 19, insert the following: Virginia [Mr. BLILEY] and the gen- ity. There are statutory limits to the ‘‘The Secretary of Transportation may speci- tleman from Texas [Mr. HALL] each nuclear waste that can be stored in the fy an appropriate combination of knowledge, will control 30 minutes. The gentleman interim facility, 40,000 metric tons, a skills, and prior training to fulfill the mini- from Alaska [Mr. YOUNG] and the gen- small portion of the nuclear waste that mum number of hours requirements of sub- tleman from Massachusetts [Mr. MAR- paragraphs (A) and (B).’’. will be generated, which is 115,000 met- Page 43, strike lines 17 and all that follows KEY] each will control 10 minutes. ric tons. through line 13 on page 44, and insert the fol- The Chair understands that the gen- The commitment to the repository in lowing: tleman from Colorado, [Mr. DAN H.R. 1270 is reflected in the funding H9658 CONGRESSIONAL RECORD — HOUSE October 29, 1997 mechanism of the bill. H.R. 1270 pro- tion levels, is considered a discre- posal facility will not be operational vides for a fee that must average 1 tionary fee. until the fiscal year 2010, which is abso- mill, one-tenth of a cent, between 1999 The committee developed an offset lutely unacceptable. That is at the ear- and the year 2010, but can fluctuate to for the loss of the mandatory receipts liest, they say. In the meantime, rate- match program needs. Without this resulting from the switch from the flat payers have paid in billions of dollars flexibility in the fee mechanism, fund- mill fee established by the 1982 Act to to the Nuclear Waste Fund, with only ing for the repository may not be as- the annually adjusted fee in H.R. 1270. about 15 cents on the dollar actually sured. The offset the committee adopted was used for radioactive waste disposal pro- Maintaining the commitment to the requiring the payment of one-time fees grams. repository is critical to the States that owed by 13 utilities by the end of fiscal This is unacceptable and, frankly, it have significant amounts of defense nu- year 2002. These fees were required to is unconscionable. If my colleagues clear waste at DOE nuclear facilities: be paid by the 1982 Act upon accept- would just be logical about it, for a lot Washington State, Idaho, South Caro- ance of nuclear spent fuel generated by of years nuclear power has been a lina. Most of these defense wastes can- these individual utilities. Requiring source of electricity supply across our not be accommodated at an interim the payment of outstanding one-time country and we have known for many storage facility. They will have to be fees in fiscal year 2002 was necessary to years that we have to find a long-term deposited in a repository of this na- assure that H.R. 1270 does not violate solution to the storage of nuclear ture. Continued progress on a reposi- budgetary pay-go limitations. That waste that is the by-product of that in- tory is crucial for these particular was the only reason the committee dustry. If they are going to use it, it States. adopted this provision. has got to be stored. That is as logical During the hearings held by the Sub- Opponents of H.R. 1270 have argued as it can be. committee on Energy and Power of the that the bill imposes tremendous bur- DOE had a commitment to construct Committee on Commerce on nuclear dens on taxpayers. Nothing could be a permanent repository by 1998, but waste legislation, the Nuclear Regu- further from the truth. The nuclear they have not lived up to that commit- latory Commission testified that on- waste program has always been funded ment, and that is why we are here site storage of nuclear waste is safe, by consumers through fees on electric today. The lack of a storage facility is but centralized storage of nuclear generation by nuclear power plants. placing very unrealistic demands on waste offers even higher safety margins Consumers will continue to fund the our Nation’s nuclear power plants. than what we have today. program through fees provided by H.R. Failure to act now could lead to the Right now, nuclear waste is spread 1270. The only cost, the only cost under premature closing of some of our nu- all over the country in scores of sites H.R. 1270, is the cost of disposing of the clear power plants and force additional in 35 States. Consolidating nuclear defense waste. It is wholly appropriate costs upon them for on-site storage. waste at one site will improve safety that taxpayers fund this cost, since the It is talk about nuclear as in energy, and provide for the enhanced protec- benefits of our defense activities ac- and there are some here who are just tion and the public health and the pub- crue to all taxpayers, not to just the opposed to nuclear energy, period. The lic safety. consumers of utilities with nuclear gentleman from Ohio is honest about Since enactment of the Nuclear power plants. that, and that is part of his speech and Waste Policy Act of 1982, consumers b time that he will be using. But we see have contributed $13 billion, $13 billion, 1700 people out by nuclear plants that have Mr. Chairman, towards the nuclear I understand the opponents of H.R. signs that say ‘‘No Nukes.’’ I go to waste program. Only a portion of these 1270 also assert that this bill preempts schools and I say, ‘‘Children, how many sums, $6 billion, has been spent on the State and local transportation and of you are for nuclear energy?’’ And program itself. The rest has been effec- safety requirements. That assertion they all hold up their hands that they tively diverted to other Federal pro- also is completely false. are opposed to it. But when they hear grams. This diversion has gotten so bad State and local governments are pre- the hard cold facts that we sent Japan in recent years that only 15 cents, 15 empted from establishing inconsistent searching for energy, in World War II cents of every dollar paid by consum- transportation safety requirements by looking for energy, and that there is no ers, has been spent on the nuclear existing Federal transportation laws, question that President Bush sent waste program. not in H.R. 1270. 400,000 of our kids over to that desert We need to protect the consumers Mr. Chairman, I would urge my col- looking for energy, and when we point and stop the diversion of nuclear waste leagues to certainly support H.R. 1270. out to schoolchildren that, yes, energy fees to fund other Federal programs. Mr. Chairman, I reserve the balance or lack of energy causes wars and ex- H.R. 1270 protects the consumers in two of my time. plain that to them, then we tell them ways: changing the fee to an annually Mr. HALL of Texas. Mr. Chairman, I if we solve the energy problem, which adjusted fee that matches the appro- yield myself such time as I may this is a thrust in that direction, that priations level, and thereby eliminat- consume. those signs that they hold up saying ing the diversion of funds to other pro- Mr. Chairman, I rise today as cospon- ‘‘No Nukes’’ can say ‘‘No Wars.’’ Then grams; and capping the fee at 1 mill, sor of H.R. 1270, the Nuclear Waste Act when asked the question again, the one-tenth of a cent per kilowatt hour. of 1997, a bipartisan bill that represents hands do not go up because it is prop- Under H.R. 1270, every penny of the fees a lot of hard work on the part of mem- erly explained to them. paid by the consumers in the future bers of the Committee on Commerce I think during the year, DOE has will be spent on this particular pro- and the Subcommittee on Energy and made some progress on the excavation gram. Power to find what the gentleman from of the main tunnel at the Yucca Moun- H.R. 1270 is consistent with the budg- Colorado, Mr. DAN SCHAEFER, has tain facility, but we have got to en- et laws and does not violate pay-go re- deemed ‘‘a temporary solution to a courage them to accelerate construc- quirements. It was not a simple matter critical and immediate problem,’’ and tion of the permanent facility. In the to resolve the budgetary concerns re- that is the storage of our nation’s meantime we cannot afford to do noth- lated to the bill reported by the Com- spent nuclear fuel. ing. We cannot afford to wait another mittee on Commerce in 1995. The com- Mr. Chairman, I think it is certainly 12 years. It is important that we act mittee went through a great deal of ef- necessary. For one reason it is out- now. fort to resolve budgetary concerns for rageous that the Department of Energy This Congress just voted a few mo- one reason, a conviction that the diver- has failed in its quest, failed in the di- ments ago overwhelmingly not to let sion of fees paid by the consumers rection that this Congress has given any amendment sent up, frivolous or must be halted. The current fee is con- them. This legislation is necessary be- otherwise, or sincere amendment or sidered a mandatory receipt, and delet- cause of that failure to find a perma- whatever, block the progress of this ing this fee was deemed to reduce those nent repository by the year 1998. bill. receipts. The fee in H.R. 1270, since it is So far DOE has fallen behind on its Mr. Chairman, I thank my col- annually adjusted to match appropria- responsibility in that it predicts a dis- leagues, the gentleman from Virginia, October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9659

Mr. BLILEY, and the gentleman from tions which we give to Americans. We the gentleman from Louisiana [Mr. Michigan, Mr. DINGELL, ranking mem- are going to decide here today that COOKSEY]. ber, the gentleman from Colorado, Mr. each American could be exposed to 100 Mr. COOKSEY. Mr. Chairman, I DAN SCHAEFER, the gentleman from millirems of radiation. Now, in Sweden would like to engage the gentleman Michigan, Mr. UPTON, all of the other the standard is 10. In Switzerland it is from Colorado, Mr. DAN SCHAEFER, in a members for their hard work, even 10. In Canada it is 1. Even at the New colloquy. some of those who were opposed to the Mexico waste isolation pilot project, it Mr. Chairman, the ratepayers of Lou- bill who have sent up good suggestions, is 15 millirems. But here, we are going isiana have paid more than $134 million some of them that we have taken and to say that for every 286 persons ex- into the Nuclear Waste Fund only to all of them that we considered. posed, that one of them will contract a see that money used for purposes other But this thing started back in 1982. cancer. We are going to decide that than those specified by the law which There was no Nuclear Policy Act. It today. We are going to establish a level mandated the collections. For that rea- said simply: ‘‘Ratepayers, you give us that does not allow the EPA to set son, I would like to engage in a col- the money and we will pick up your these standards. We will decide them. loquy with the distinguished floor spent fuel.’’ And we did that. They That is what this bill says, and that is manager to propound a few questions have given us $13 billion. We have only wrong. on the bill before us, which I have co- spent $6 billion. In 1987, Yucca Moun- What else does the bill do? It says sponsored. tain was designated as the only place that it will be transported through 40 As I understand the situation, one of for the DOE to study for permanent re- States of the Union in trucks and rail- the foremost improvements of the bill pository and a vote in the House and road cars, totally indemnifying the over current law are provisions which Senate took place. trucking and railroad firms from any would ensure that monies collected I think in the appropriations bill in liability, even if they are engaged in from ratepayers will be used for the 1987, it may have been on December 21, willful misconduct, gross negligence. purposes for which they were intended 1987, the vote was for the fiscal 1998 They are not liable. under the Nuclear Waste Policy Act budget reconciliation conference re- Now what disincentive as a result ex- rather than being captured and used port, H.R. 3545. That vote then was 237 ists for these contractors to ensure for other purposes because of discre- to 181. And it is unfortunate that no that they have not hired drivers who tionary spending limits imposed after one wants this area. It is not politi- drink excessively in the evening, take the Nuclear Waste Policy Act was en- cally selected by anyone. antidepressants and then jump behind acted. Mr. Chairman, I am sorry for the the wheel and drive 100 miles an hour Mr. Chairman, I ask the gentleman, gentleman from Nevada [Mr. ENSIGN]. through tunnels in highly populated is this a fair representation? The gentleman is doing what he ought population areas in our country? None. Mr. DAN SCHAEFER of Colorado. to do. The gentleman is representing This bill allows that to happen. They Mr. Chairman, will the gentleman his district, representing his State. But are not liable. yield? this was considered at one time to be And who pays if there is an accident? Mr. COOKSEY. I yield to the gen- in Deaf Smith County, Texas. Had it Believe it or not, it is the ratepayers tleman from Colorado. been selected, I would understand that who will pick up the tab, the very peo- Mr. DAN SCHAEFER of Colorado. we would have to have an act, but I ple who may have been victimized by Mr. Chairman, the gentleman is cer- would probably be in the same position an accident created in their neighbor- tainly correct. As is more fully ex- that these two gentleman are in who hoods. plained in the committee’s report, the represent the State of Nevada. And fourth, we have the Holy Roman basic inequity arises from the fact that But the hard cold fact is that the Ne- Empire provision on NEPA. They used the current 1 mill fee assessed against vada test site has been dedicated to nu- to say that the Holy Roman Empire nuclear generated electricity is treated clear uses for over 50 years. We have was an oxymoron. It was not really as a mandatory receipt to the Federal had 975 nuclear explosions there in the holy, Roman, or an empire. Well, that Government, and all programmatic ex- desert. They have studied Deaf Smith is what we have got here with the En- penses are treated as discretionary County; they turned that back. Since vironmental Impact Statement that is spending. then, we have studied Yucca Mountain built into this bill. It really does not Now, as a result, spending for the for $6 billion dollars worth and still the evaluate the environment, it does not waste program from the Nuclear Waste repository will not be ready until 2010 measure the impact it is going to have Fund is thus counted against various or 2015. I say start it in 1998. That is on a community, and it is not much of discretionary spending caps enacted what this bill says. ‘‘Light up or light a statement. But at least we have got after 1982 as a means of controlling out.’’ the words in there. overall Federal spending. As a result, Mr. Chairman, I reserve the balance Then we have the ‘‘interim storage’’ while nearly $12 billion has been gen- of my time oxymoron. We have put a cap on how erated in fees and interest, only a little Mr. MARKEY. Mr. Chairman, I yield much money we are going to raise from over $4.8 billion has been spent on the myself 4 minutes. now on from nuclear utilities for per- program. Mr. Chairman, as George Gershwin manent and interim storage. We are Mr. COOKSEY. Mr. Chairman, re- might say, ‘‘It’s very clear, plutonium going to spend most of it on the in- claiming my time, I further understand is here to stay. Not for a year, but for- terim storage. We are going to build that any effort, other than the one pro- ever and a day. The Rockies may crum- something that is above ground and in- posed in the bill, to create a situation ble, Yucca may tumble, they’re only terim, and we are going to pretend that where revenues and expenditures stand made of clay. But plutonium is here to we are going to come back and still on the same side of the ledger, allowing stay.’’ have a permanent waste repository annual revenues to offset annual out- That is the problem, Mr. Chairman. built in this country. lays, would result in a technical viola- It is here to stay; 10,000 years, 20,000 A vote for this bill is a vote to kill a tion of the scoring rules of the Con- years. Nobody knows how long. This permanent repository in the United gressional Budget Office and the Com- bill presumes that it is very safe. ‘‘Do States permanently. This is an interim mittee on the Budget. not worry about it: We are picking Ne- storage bill to just get it off the books The committee, therefore, had to find vada,’’ says the Congress. ‘‘We do not from the utility executives of today, an accounting offset and the source of have any geologic or scientific evi- and forget about any permanent solu- funds chosen for the offset was the one- dence that supports our decision, but tion. time user fees owed by certain utilities we have decided that we are getting it Mr. Chairman, I hope that the Mem- under contracts entered into with the off of all the sites that it has been gen- bers who are listening to this debate Department of Energy after enactment erated at and we are moving it to Ne- vote for the amendments to protect the of the original 1982 statute. Is this an vada.’’ American public. accurate presentation? Mr. Chairman, in this legislation, we Mr. DAN SCHAEFER of Colorado. Mr. DAN SCHAEFER of Colorado. are going to suspend a lot of protec- Mr. Chairman, I yield 51⁄2 minutes to Mr. Chairman, if the gentleman would H9660 CONGRESSIONAL RECORD — HOUSE October 29, 1997 continue to yield, I would say to the tracts shall continue in effect under protections for everybody who is con- gentleman, that is accurate. For exam- this act in accordance with their terms cerned, the best that could be crafted. ple, under the solution to this problem except to the extent that the contracts But it resolves an issue which is a mat- chosen by the committee in the last may have been modified by the parties ter of great concern to the Nation. Congress, the termination of the cur- to that contract. I am troubled that my friends from rent mandatory 1 mill fee and the in- Mr. COOKSEY. Mr. Chairman, I Nevada are not pleased with this legis- stitution in its stead of a discretionary thank the gentleman. lation. The hard fact of the matter is, user fee, we were informed that we had Mr. HALL of Texas. Mr. Chairman, I the studies that have gone on so far violated the budget rules because the yield 3 minutes and 30 seconds to the have come up with about the best Treasury would no longer be receiving gentleman from Michigan [Mr. DIN- place. That is an area of which we have these revenues on the mandatory re- GELL], former long-time chairman of had not only extensive studies of geol- ceipts side of the budget, even though the Committee on Energy and Com- ogy and safety and terrain stability the Treasury would be receiving user merce and present ranking member of and water, but also an area in which fee revenues on the discretionary side the Committee on Commerce. there have been extensive use of nu- of the budget as an offset for appropria- (Mr. DINGELL asked and was given clear explosives, I think unwisely, but tions to fund the waste program. permission to revise and extend his re- nonetheless have done so. And the re- Further, as the committee report in- marks.) sult will be that the best possible pro- dicates, 13 utilities availed themselves Mr. DINGELL. Mr. Chairman, there tection for everybody can be done and on the contractual option offered by is a funny thing about nuclear waste will be done under this legislation. the Department of Energy to pay fees and other kinds of waste, too. Every- I want to commend my dear friend, assessed against spent nuclear fuel body wants somebody to pick it up and the ranking minority member, the gen- they generated prior to the effective they never want them to put it down tleman from Texas [Mr. HALL], the dis- date of the 1982 act. anywhere. tinguished gentleman from New York We have a massive problem in this [Mr. TOWNS], the chairman of the sub- b 1715 Nation. How are we going to resolve committee, the gentleman from Colo- By requiring these fees to be paid the problem we have with regard to rado [Mr. DAN SCHAEFER], the gen- prior to the expiration of fiscal year high level and low level nuclear waste? tleman from Idaho [Mr. CRAPO], the 2002, the committee was able to gen- The answer is, we have got to begin gentleman from Illinois [Mr. HASTERT], erate a $2.7 billion revenue offset somewhere. the gentleman from Michigan [Mr. which, as the committee report indi- The bill before us is a good bill. UPTON] and, of course, the chairman of cates, was necessary in order to assure Every Member of Congress who has the full committee for the work which that the legislation does not violate dealt with or thought about this issue they have done to bring us to the point the budgetary pay-as-you-go limita- has been frustrated about the fact that where we are today. This is a good bill. tions. we have not dealt with the problem. It is a step along a long and difficult Our understanding was confirmed in Money collected for the purpose of route to resolve an important question the letter of September 25, 1997, by CBO dealing with the question of storage which is troubling everybody and Director O’Neill to the gentleman from has been dissipated by the budgeteers which is causing huge problems for the Virginia [Mr. BLILEY] as well as the and by the Committee on Appropria- Nation. September 18, 1997, letter from the gen- tions. This bill addresses that problem. I urge my colleagues to support the tleman from Ohio [Mr. KASICH], chair- It solves it. legislation. man of the Committee on the Budget, The bill goes further. The bill ad- Mr. Chairman, I have long been frustrated to the gentleman from Virginia [Mr. dresses the problem of where we are with the pace of DOE's efforts, and the lack of BLILEY]. going to set up an interim storage any meaningful progress, toward opening a Mr. COOKSEY. Is it true, Mr. Chair- place. That is important. I will assure permanent repository for nuclear waste. I have man, that such one-time fee payments my colleagues that it is interim be- spoken previously about my keen disappoint- will be credited to the balance of the cause, in the process of considering ment that there appears to be no way to re- Nuclear Waste Fund and that the pro- this legislation, we have seen to it that cover the billionsÐliterally billionsÐof dollars gram will largely rely on annual user there is not enough money for them to in ratepayer contributions to the Nuclear fees to fund both continuing progress store enough of this waste that it can Waste Fund which the Budget Committee has on the repository at Yucca Mountain become a permanent storage facility. I siphoned off and used for wholly unrelated and the interim self-storage facility am aware of the concerns of my col- purposes. mandated by the bill? leagues on that matter because they I regret to say that, despite our best efforts Mr. DAN SCHAEFER of Colorado. are important. here today, this Congress is not in a position My colleague again is correct, Mr. The bill does not impose any new to remedy all of the problems afflicting DOE's Chairman. As the committee report protections on the carriers or the waste program. Nor can we guarantee that the states, it appears that the annual user transporters of nuclear waste that have repository will open on a date certain. fee that averages one mill per kilowatt not been a part of the protection of However, the bill before us is a marked im- hour will be sufficient to continue de- every nuclear contractor since the be- provement over current law. It is a bipartisan velopment of the repository and ac- ginning of the program for nuclear bill that passed the committee by a vote of 43 ceptance of spent nuclear fuel and high power in this country, same as under to 3. At this time let me thank Chairman TOM level radioactive waste at the interim Price-Anderson. BLILEY for his hard work on this important storage facility. Information supplied I assure my colleagues that the De- issue. I also want to congratulate my col- to the committee by DOE indicates partment of Transportation and the leaguesÐChairman SCHAEFER, Ranking Mem- that in order to achieve these goals, a Department of Energy will see to it ber HALL, and Congressmen TOWNS, CRAPO, fee of one mill per kilowatt hour will that this is moved safely. If Members HASTERT, and UPTONÐfor their contribution in be sufficient to maintain progress on look at the casks and the carriers and working through some of the hard questions the repository and develop an interim the rules, they will find that they af- and introducing H.R. 1270. This bill incor- storage facility. ford an abundance of protections. I porates the following important provisions: Mr. COOKSEY. Mr. Chairman, is it would think that probably the worst First, and foremost, the bill reforms the not the case that contracts entered thing that would happen, if we have funding basis for the waste program, and en- into between utilities and the Depart- some kind of an accident involving one sures that every dollar contributed by rate- ment of Energy prior to the effective of these vehicles, we would find that payers will be spent on the nuclear waste pro- date of this act will continue in force they had cracked the pavement be- gramÐand nothing else. By transforming utility unless both parties agree to a modifica- cause that is how strongly constructed payments for nuclear waste into a user fee, tion? the carriage devices and how strongly the substitute puts an end to the diversion of Mr. DAN SCHAEFER of Colorado. constructed the containers are. these funds and ensures they will be applied Mr. Chairman, that is correct. Section We have to resolve the problem. The exclusively for their intended purposeÐthe 2 of H.R. 1270 provides that such con- bill provides reasonable environmental Yucca Mountain project. October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9661 Second, the substitute authorizes an appro- mote site where the location has been it either, because once it is on a site, priate interim storage facility. This facility will designed to have the least amount of that site is contaminated. We cannot open in 2002, and will accept waste at nearly environmental impact. transport it out of anywhere. Nuclear twice the rate DOE projects under its accept- With regard to that transportation power sites essentially are scorched ance schedule. This is the least we can do, issue, the regulatory regime for radio- Earth. That land will never be used given the tardiness of the current program. active material transport has worked again for anything. At the same time, however, it is essential well in this country. As the gentleman Right now there are nearly 109 nu- that interim storage not become a de facto from Michigan [Mr. DINGELL] just said, clear dump sites in America. When the substitute for the permanent repository. In rec- it will be transported safely. waste is moved to Yucca Mountain, ognition of this, the substitute limits the capac- Over the past 30 years there were there will be 110 contaminated sites, ity of the interim storage facility to about half 2,500 shipments of spent nuclear fuel in not 109 less. When it will be moved of what the repository will acceptÐso that a the United States. Since 1957, there from Yucca Mountain, then there will healthy constituency remains for completing have been 667 shipments of Navy spent be 111 contaminated sites. work on a permanent disposal facility. fuel over 1 million miles. And in the Nuclear power promised power too Third, we cannot escape the fact that build- last 22 years, the Department of En- cheap to meter. It delivered electricity ing two facilities simultaneously costs more ergy has transported nuclear weapons too expensive to use. It promised safe than building one. If we direct DOE to build in- and special materials nearly 100 mil- electricity. Three Mile Island and Chernobyl put the lie to that. terim storage at the same time it is building lion miles, and all of that has been The nuclear power industry has done without radioactive release. the repository, we also must ensure adequate caused utility rates to go up across There has been an attack saying that funding for both facilities. this country. In my State of Ohio in Therefore, the bill permits an increase in the there will be insufficient environ- the northern part of our State, utility annual 1 mill per kilowatt-hour fee during peak mental analysis. Again, the true facts rates are twice as high as they are in construction years. However, ratepayers will are that H.R. 1270 requires an environ- the southern part of the State. Every- pay no more in the long run because any such mental impact statement before every one in this country who has nuclear increase must be offset by lower fees in other major Federal action in the Nuclear power as a source of energy knows why yearsÐso that the average annual fee over Waste Program. It is true that it says their electric bills are so high. the next 12 years is no more than 1 mill. In that alternate sites are not to be evalu- Now the ratepayers are being told order to provide additional assurance to rate- ated, but that is because this Congress that they will pay more under this bill. payers, utilities, State regulators that annual is designating the evaluating site. And Utility rates will go up even higher, use fees will not spike dramatically, the bill im- those who would say that a full envi- and why? To bail out an industry that poses a 1.5 mill annual cap. ronmental impact analysis is not being has built plants that have been neither In summary, this bipartisan bill will make a made are simply mischaracterizing the used nor useful. The nuclear power in- number of important changes in the nuclear terms and provisions of this legisla- dustry has been holding up utility de- waste program that will protect our consumers tion. regulation until they can dump the re- and our environment. I urge its passage. Mr. Chairman, this legislation is crit- sponsibility for nuclear waste, re: that Mr. DAN SCHAEFER of Colorado. ical to this country. Last year, the U.S. stranded investment, on to the residen- Mr. Chairman, I yield 3 minutes to the Court of Appeals for the District of Co- tial ratepayers and the small busi- gentleman from Idaho [Mr. CRAPO]. lumbia held, in an important case, that nesses and the taxpayers. This bill is Mr. CRAPO. Mr. Chairman, I appre- DOE had a legal obligation to begin ac- the first step. ciate the opportunity to speak in sup- cepting this material by January of b 1730 port of this important piece of legisla- 1998. That cannot be done unless this tion, the Nuclear Waste Policy Act of type of legislation is moved properly The waste belongs to nuclear power 1997. This is a very important issue to into place to provide for the interim plants. But by law, when this bill is Idaho because, as I think most people storage of spent nuclear fuel. This is passed, the Department of Energy now understand, Idaho has been the re- important, critical legislation to the takes title. And who is the Department cipient of a significant amount of the country. I encourage its adoption by of Energy? The taxpayers of the United States of America. It is then the waste spent nuclear fuel in the country to be the House. stored on a supposedly temporary Mr. MARKEY. Mr. Chairman, I yield belonging to the people, their respon- sibility. If there is an accident, the tax- basis, but the progress toward perma- 2 minutes to the gentleman from Ohio payers will end up paying for it. The nent storage needs to be resolved and [Mr. KUCINICH]. waste will last for thousands of years. the interim storage facility issue needs Mr. HALL of Texas. Mr. Chairman, I The taxpayers will end up paying to to be resolved. yield 2 minutes to the gentleman from monitor it. The taxpayers will end up Idaho currently has 260 metric tons Ohio [Mr. KUCINICH]. having to pay to isolate it from the of spent nuclear fuel and 10,000 cubic The CHAIRMAN. The gentleman biosphere. The taxpayers. The tax- meters of high level nuclear waste, and from Ohio [Mr. KUCINICH] is recognized payers. The taxpayers will buy a nu- we must proceed with resolving this for 4 minutes. clear pig-in-a-poke waste dump and be issue to protect the geologic areas of Mr. KUCINICH. Mr. Chairman, I stuck with the bill for it forever. Idaho that are now jeopardized by the would like to correct a few misconcep- There is no known technology which permanent, apparently permanent stor- tions that I have heard during this de- can safely isolate the waste from the age of the waste in those locations. bate. biosphere. The transportation of waste The point I would like to make is First of all, the American people through populated communities, 50 that Idaho is not unique here. Perhaps were never asked to build nuclear pow- million Americans will live within a it is Idaho that has had a significantly erplants. The industry made the deci- half mile of the nuclear transportation larger amount of the spent nuclear fuel sion to go ahead. There was never a routes, ensures that there will be a sig- shipped to it, even though it has not vote on it by the American people. The nificant hazard to major populated generated any. But this bill is very industry decided to build nuclear pow- areas. much proenvironment because it re- erplants. The safety issues have not been ade- moves nuclear spent fuel and high level When the nuclear power plants were quately met in this legislation. There nuclear waste from over 100 sites to built, there were no plans by the indus- were amendments that were never even only one remote site. try at that time to talk about how the able to get out of the Committee on My friend from Massachusetts said waste would be dealt with. Rules that would have protected major that, in his argument against this bill, There are myths about the disposal population areas. This bill will, I be- that we will see spent nuclear fuel of nuclear waste. First of all, we can- lieve, begin the dawning of new civic transported through 40 different not dispose of nuclear waste. It lasts activism in the United States from States. I think a better way to point it for thousands and thousands of years, people who are fed up with a nuclear out is that we will see spent nuclear something the gentleman from Massa- industry which has in some cases ru- fuel transported out of about 40 States chusetts [Mr. MARKEY] pointed out. I ined our economy because of high elec- and out of over 100 sites to only one re- would like to add that we cannot move tric rates, passed the bill on to the H9662 CONGRESSIONAL RECORD — HOUSE October 29, 1997 ratepayers, and now wants to stick the chairman for working with me and my Mr. Chairman, I rise in support of American taxpayers with hundreds of staff over the intervening weeks and H.R. 1270. I also want to salute the billions of dollars of debt. for including my amendment as part of original drafter of this bill, the gen- Mr. DAN SCHAEFER of Colorado. his own. tleman from Michigan [Mr. UPTON], for Mr. Chairman, may I inquire how much In the light of the progress in the his work. time we all have remaining? work of the committee, I support this I want to talk a little bit about safe- The CHAIRMAN. The gentleman bill. I share the concerns of many, but ty. I want to also talk about Halloween from Colorado, Mr. DAN SCHAEFER has I believe that the chairman and rank- for a moment, because it seems Hal- 111⁄2 minutes remaining; the gentleman ing members of the full committee and loween is not until Friday but the from Texas, Mr. HALL has 181⁄2 minutes subcommittees have made an extraor- gloom and doom stories have already remaining; the gentleman from Alaska, dinary good-faith effort to address the begun. The myths about a ‘‘mobile Mr. YOUNG has 10 minutes remaining; concerns of Members like me who care Chernobyl’’ are about as credible as the and the gentleman from Massachu- about safety in densely-populated legend of the headless horseman. setts, Mr. MARKEY has 4 minutes re- urban areas, as I believe virtually all of I know that transportation is a prob- maining. us do. And I think that right now, with lem. Some Members have spoken about Mr. DAN SCHAEFER of Colorado. the clock running, this represents a that. Safety is a problem, as well. I Mr. Chairman, might I ask the gen- sound path toward a more permanent want to speak to both of those issues tleman from Texas [Mr. HALL] if he has solution. quickly. some more speakers here? Mr. MARKEY. Mr. Chairman, I yield Consider the record: 30 years of expe- Mr. HALL of Texas. Mr. Chairman, I 2 minutes to the gentleman from Mary- rience, 2,400 shipments of spent nuclear yield 3 minutes to the gentleman from land [Mr. CUMMINGS]. fuel, over 1.5 million miles logged in Ohio [Mr. SAWYER]. Mr. CUMMINGS. Mr. Chairman, this country, does not include the 100 Mr. SAWYER. Mr. Chairman, 50 while I do not support this bill, I do be- million miles that the gentleman from years ago in April 1947, a ship in the lieve that we must solve our nuclear Idaho [Mr. CRAPO] talked about on the Texas City harbor bearing a cargo of waste problem. This bill is merely a nuclear weapons side, and all of this now what stands before us all, after temporary fix for a problem that has movement with zero radioactive re- Oklahoma City, as an indelible mem- long-term implications. Our Nation is leases and no harm to the environment ory of ammonium nitrate fertilizer was at a crossroads. We have benefited from or American citizens. The casks are en- destined for war-torn Europe. That nuclear technology. We are a Nation gineered safe. They are tested, they are morning that ship caught fire a little after 9 a.m. that has won wars and deterred others demonstrated, and they are certified The Texas City disaster, as it has because of nuclear science. This tech- safe by the NRC, the Nuclear Regu- come to be known, happened as the nology is a cheap and efficient way to latory Commission, for transportation. ship exploded. Within moments, the light our towns and cities. We have I would like to focus on this chart. Monsanto Chemical Plant that was paid a price for this benefit. These are some of the tests that have nearby was in flames as entire build- Over the last 50 years, our Nation has taken place with respect to the casks. ings collapsed, trapping people inside. generated tens of thousands of tons of They include a 30-foot free-fall; a punc- Fires quickly spread to the refineries highly radioactive nuclear materials ture test onto a steel rod, 6 inches, that made up the Texas City industrial and waste. I cannot stress the impor- dropped from a height; a collision, get complex, with the force of a small nu- tance of finding a permanent and via- this, a collision with a speeding loco- clear weapon, setting off a tidal wave, ble solution to the disposal of these motive at 80 miles per hour; and fire at causing a disaster that resulted in wastes. over 2,000 degrees Fahrenheit. I know nearly 600 deaths in a town of about I have many fundamental problems the chart says 1475, but beyond that it 16,000. with the bill before us that can be has gone over 2,000. If that is not We have come a very long way in 50 solved if the issue were given further enough, these same casks were sub- years. Fortunately, we have learned consideration. This legislation allows merged underwater for 8 hours, all with from our mistakes. We understand the for nuclear waste to be stored above no radiological releases. This tech- dangers of densely populated areas, and ground in so-called interim storage fa- nology is currently being used around we have gotten very good at taking the cilities located in the State of Nevada. the globe, so these casks are safe. right precautions and anticipating as I am concerned that legal limitations Opponents argue that H.R. 1270 in- many scenarios as possible. to ensure that interim storage does not fringes on State and local jurisdictions. But nothing is ever 100 percent fool- become permanent storage will be We already heard a little bit about proof, no matter how close we may eroded. that. But, rather, H.R. 1270 requires ad- come. If my colleagues believe that The bill does not adequately address vance notification to State and local transporting the Nation’s spent nu- public health and safety protections re- governments before spent fuel crosses clear fuel to an interim storage facility lating to transportation, interim stor- their jurisdiction and the defers to the makes sense, then they would have to age, and permanent disposal of nuclear States on designating the best routes. agree, whether they agree with that waste. My constituents in Baltimore, Transportation is safe. principle or not, it should be done as as customers of the Baltimore Gas and I urge my colleagues to vote for this safely as possible. If the unforeseeable Electric Company, pay into their nu- bill. or improbable does happen somehow, clear waste fund, which is designed to The CHAIRMAN. The gentleman we all want the risks to human life or cover costs of both interim storage and from Colorado, [Mr. DAN SCHAEFER] has health to be as low as can possibly be. the permanent repository. I worry that 91⁄2 minutes remaining. The gentleman In the committee I offered an amend- places a continuous burden on utility from Texas [Mr. HALL] has 143⁄4 minutes ment that would have added language customers around the country because remaining. The gentleman from Ne- directing the Secretary to choose this bill does not create a permanent vada [Mr. ENSIGN], who has been the routes for spent nuclear fuel and high- repository. designee of the gentleman from Alas- level radioactive waste to minimize I urge my colleagues to vote against ka, has 10 minutes remaining. And the transportation through populated this bill. We have much more work to gentleman from Massachusetts [Mr. areas. There may be cases where it is do to ensure the protection of the pub- MARKEY] has 20 minutes remaining. safer to use routes that are nearer to lic health, safety and environment. Mr. ENSIGN. Mr. Chairman, I yield areas of population because of superior Mr. DAN SCHAEFER of Colorado. myself 2 minutes. rail lines or highways. However, where Mr. Chairman, I yield 2 minutes to the Mr. Chairman, we have heard several track or road quality and other factors gentleman from Michigan [Mr. things from the proponents of the bill. are otherwise equal, it is clear the Sec- KNOLLENBERG]. I just want to say first of all, on the retary should take into account prox- Mr. KNOLLENBERG. Mr. Chairman, issue of urgency, a 1989 MRS Commis- imity to human beings. I thank the gentleman from Colorado sion review found no safety advantage My intent is to enhance safety, not [Mr. DAN SCHAEFER] for yielding me to centralizing the storage of spent compromise it. I want to thank the the time. fuel, taking it from all of these sites to October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9663 one. In 1996, the Nuclear Waste Tech- nels, let me assure him that they will erated by coal (56 percent). If the ad- nical Review Board analyzed the issue be ticketed. ministration has their way at the of interim storage and concluded there Now, some have argued that the util- Kyoto Conference, what we are going is no urgent need, no urgent need, for ities are merely crying wolf, that an to do is imply that we should expand centralized storage of commercial interim facility is not needed because the generation of nuclear energy in spent fuel. No need, no compelling ne- utilities can expand their own site order to decrease coal generated power. cessity, no safety advantage to be storage. Well, let me stress here today It is interesting to note that after achieved. That was 1996. that an interim facility is absolutely our discussions in 1971 and 1972 of Now the Nuclear Waste Technical Re- critical. The Nation’s 107 nuclear where to go on expanding nuclear en- view Board underwent a change in the plants face storage emergencies today. ergy production to be more self-suffi- composition of the chairmanship. So, As we consider this legislation, 10 cient in the United States, the follow- in effect, there was an opportunity for plants no longer have room in their ing year, in 1973, a request by a utility a new board composed of new members original facilities. Next year, 27 will company to build the last nuclear en- to review whether or not they would run out of space. And by 2010, 80 will ergy plant to be built was received. I agree with the position taken by the lack any capacity to store waste at all. would suggest that this country is predecessors in 1996. Moreover, H.R. 1270 postpones con- never going to again develop another In testimony on February 5, 1997, Dr. struction of an interim storage facility nuclear energy generating plant. Gerard L. Cohen, the chairman of the until the year 2002. The government promised the people Nuclear Waste Technical Review b 1745 of this country in 1982 that government Board, Dr. Cohen simply reaffirmed the would take the responsibility to get rid position taken by his predecessors that This 4-year delay will give the Sec- of the existing generated nuclear there is no need, either for technical or retary of Energy an opportunity to waste. In return utilities using nuclear safety reasons, to move spent fuel to a submit a viability assessment of the power, through their customers would centralized storage facility for the next Yucca Mountain repository to the pay additional ‘‘taxes’’ and send it to few years. He further maintains that to President and this Congress. Since 1982, Washington. Over the years those rate- maintain credibility of the site selec- utilities have paid over $13 billion into payers have paid in an additional $13 tion process, any decision with respect a nuclear waste fund. Yet the Federal billion. to interim storage should be deferred Government has not lived up to its re- Now we are dealing with what the until a technological site suitability sponsibility to establish a Federal stor- government promised to do. I com- decision can be made about Yucca age facility. We must stop shucking pliment the gentleman from Michigan Mountain. and jiving. Let us not delay any longer [Mr. UPTON] for bringing this legisla- Mr. Chairman, I reserve the balance our responsibility to store the Nation’s tion to us. We are moving ahead. Even- of my time. nuclear waste. I urge my colleagues to tually we are going to find other Mr. HALL of Texas. Mr. Chairman, I vote aye and stop the procrastination. sources of energy in this country. But yield 31⁄2 minutes to the gentleman The time to move is now. until then we have got to be respon- from New York [Mr. TOWNS], an origi- Mr. DAN SCHAEFER of Colorado. sible to make sure Washington keeps nal cosponsor of this legislation. Mr. Chairman, I yield 3 minutes to the their promise. We have got to be re- Mr. TOWNS. Mr. Chairman, let us gentleman from Michigan [Mr. SMITH]. sponsible to develop the best possible put the facts on the table. In 1982 Con- Mr. SMITH of Michigan. I thank the ways to deal with nuclear waste dis- gress passed the Nuclear Waste Policy gentleman for yielding me this time. posal. It is much more logical at this Act, which placed responsibility for the Mr. Chairman, I think it would be good time to put this waste in a centralized management of spent nuclear fuel, be- for all of us to face up to the fact that location rather than spread it over 38 ginning in 1998 and for its ultimate dis- today we are dealing with a solution of States. posal, with the Federal Government. disposing of one of the wastes of an in- Delays and cost overruns have created a Since 1982 Congress has watched as dustrialized society. national nuclear waste policy of stop-gap successive Departments of Energy have In 1971, during the beginning of the measures and ad hoc solutions instead of attempted to move Federal nuclear Arab oil embargo, the Secretary of Ag- centralized, streamlined results. Today, highly waste programs forward, without any riculture asked me to be Director of radioactive waste sits scattered at over 80 dif- success, for a variety of reasons. Energy for USDA. Almost every morn- ferent locations in 38 states. Progress in this crucial problem has ing at 6:30 a.m., we went over to the FRED UPTON's bill will help establish an in- been painstakingly slow. How long White House with Bill Simon and we terim storage facility while work continues on must we wait? talked about the problem. At that time the permanent solutionÐthat way we can get Last year, this inaction resulted in a we were importing about 50 percent of nuclear waste away from vulnerable areas like number of utilities suing the Depart- our energy needs. We came up with the shores of Lake Michigan and the Chesa- ment of Energy to fulfill their obliga- what we thought were wise ideas to peake Bay. tion to accept spent nuclear fuel begin- deal with the problems. We started to Mr. HALL of Texas. Mr. Chairman, I ning January 31, 1998. The U.S. Court of subsidize the development of alter- yield 3 minutes to the gentlewoman Appeals ruled in favor of the utilities native fuels. We decided to start subsi- from Colorado [Ms. DEGETTE], a valued on this issue. However, there is still no dizing such things as mass transpor- member of the Committee on Com- mechanism in place to establish an in- tation to increase efficiency of energy merce. terim storage site that would enable in this country. And we started talking Ms. DEGETTE. Mr. Chairman, I the department to move forward with about the wisdom of expanding the pro- would like to be clear. Many of us un- the acceptance of the waste. duction of nuclear energy. We also dis- derstand that we need a sensible policy The establishment of an integrated cussed what do we do with the waste for getting rid of nuclear waste that spent fuel management system, as es- generated by the production of energy threatens many of our metropolitan tablished by our bill, H.R. 1270, will by nuclear power. We talked about the areas. In my City of Denver, we are permit the Secretary to realize safety, possibility of burying it in the ocean. right downwind of some nuclear waste efficiency and the economic benefit of We actually talked about the possibil- at Rocky Flats that will need to be dis- a comprehensive design. In short Mr. ity of putting it into outer space and posed of. But we should not send this Chairman, a centralized interim stor- keeping it in orbit. waste to uncertified sites and we age facility would mean high-level But instead there seemed to be no should not send this waste along urban waste would be consolidated at one site good solution, and nothing was accom- corridors that are going to be destruc- instead of 40 different sites throughout plished. Over the years nuclear waste tive for transportation purposes. this country. has continued to be stored outside the The National Waste Technical Re- Let me assure my colleague, the gen- generating facilities where it occurs. view Board, a nonpartisan body created tleman from Massachusetts [Mr. MAR- None of the ways that we generate en- by Congress to evaluate the technical KEY], who painted a picture of trucks ergy is benign. They all have serious and scientific validity of the Depart- running 100 miles an hour through tun- problems. Most of our energy is gen- ment of Energy’s program to manage H9664 CONGRESSIONAL RECORD — HOUSE October 29, 1997 the permanent disposal of the Nation’s form, the President would veto the bill. H.R. benefited from this issue. Now they civilian spent fuel and high-level radio- 1270 would undermine the credibility of the want to get rid of it and they want to active waste issued its report to Con- Nation’s nuclear waste disposal program by get rid of it by the most expedient designating a specified site for an interim gress in March. The Board believes storage facility before the viability of that method possible, getting it wherever it that the viability assessment, which site as a permanent geological repository has is into the State of Nevada. will be completed by September 30, been assessed. Let me address the issue about the 1998, will not provide adequate infor- The Administration is committed to re- interim storage site versus the perma- mation for establishing Yucca Moun- solving the complex and important issue of nent storage site. They are not one and tain as a repository site. nuclear waste storage in a timely and sen- the same. They are miles apart. The in- Mr. Chairman, the gallery is not in sible manner. The Federal government’s terim storage site is a nuclear test site. long-standing commitment to permanent, Yes, indeed we did detonate some nu- order and it is difficult for me to pro- geological disposal should remain the basic ceed. goal of high-level radioactive waste manage- clear weapons there years ago. We re- ANNOUNCEMENT BY THE CHAIRMAN ment policy. This Administration has insti- gret we did that. We regret that the The CHAIRMAN. The Chair would re- tuted planning and management initiatives State of Nevada almost paid the whole mind the guests in the gallery, you are to accelerate progress on determining the price for the nuclear industry. But the guests and we ask that you respect the suitability of Yucca Mountain, Nevada, as a permanent site is miles away. It is not permanent geologic disposal site. rules of the gallery, and that is to keep even co-located. We are making two H.R. 1270, however, would establish Nevada sites in Nevada, not one. silent during the proceedings. as the site of an interim nuclear waste stor- The Chair apologizes to the gentle- age facility before the viability assessment Second, we are not talking about woman. The gentlewoman may pro- of Yucca Mountain as a permanent geologic some magic cosmic mode of transpor- ceed. repository is completed. Moreover, even if tation. We are not just picking this stuff up and then setting it down, as I Ms. DEGETTE. Thank you, Mr. Yucca Mountain is determined not to be via- Chairman. ble for a permanent repository, the bill heard someone say earlier. What we are would provide no plausible opportunity to doing is shipping this through commu- Specifically, the board’s report states designate a viable alternative as an interim that a decision to locate the Nation’s nities, 43 States, hundreds of commu- storage site. Any potential siting decision nities, numerous schools with children primary centralized storage facility for concerning such a facility ultimately should spent fuel at or near Yucca Mountain be based on objective, science-based criteria at play. Let me say when we look at should be deferred until the suitability and guided by the likelihood of the success of this map here, this is where we are of the site as a repository location has the Yucca Mountain site. sending it through this country. These been determined. In addition, the Administration strongly are the rail and highway systems objects to the bill’s weakening of existing The suitability of Yucca Mountain as through which we are bringing most of environmental standards by preempting all it from east of the Mississippi River, a permanent site will not even be de- Federal, State, and local laws inconsistent termined until the year 2001. Why then west to Nevada, right there. with the environmental requirements of this Transportation is probably the big- are we going to send this high-level nu- bill and the Atomic Energy Act. This pre- gest issue we have got here today. The clear waste from the East Coast, from emption would effectively replace the Envi- likelihood of an accident is more than around the country, across 40 States of ronmental Protection Agency’s authority to just a remote possibility. It is a re- this country, including places like the set acceptable radiation release standards ality. When we look at this accident, Mousetrap, which as Members can see with a statutory standard. In addition, the bill would undermine the purposes of the Na- this is a train accident, a recent train through this map, runs right through tional Environmental Policy Act by, among accident. I hope people vote against the center of downtown Denver, and other things, creating significant loopholes this. the location in which 8 years ago a tor- in the environmental assessment process. Let me talk about some of the stand- pedo fell off a truck completely shut- Finally, the completion of a permanent ge- ards that I have heard here today. We ting down the city for 8 hours? Why ological repository is essential not only for have dropped one of these casks from a would we send this waste to an commercial spent fuel disposal, but also for standard height of 30 feet. Mr. Chair- uncertified site only to have it be sent the cleanup of the Department of Energy’s nuclear weapons complex and the disposal of man, it is 450 feet off Hoover Dam to somewhere else? And why would we its weapons-grade materials. In addition, the bottom. That is a little more than send it through corridors like down- these actions are necessary to further U.S. 30 feet. This cask would not stand up to town metropolitan areas where mil- international nuclear nonproliferation objec- the drop of 450 feet into the bottom of lions of citizens could be at risk? tives. H.R. 1270 would, in the near term, put the Colorado River at the base of this It makes no sense. I do not under- interim storage activities in competition dam. I guarantee my colleagues that stand where we are rushing to trans- with actions needed to complete the perma- this cask would be in that water more port this nuclear waste until the site is nent geologic repository. Consequently, the than 8 hours. Fires with metal contain- certified. In addition, there is no na- bill’s enactment could delay the appropriate disposition of our surplus weapons-grade ma- ing titanium or other metals burn at a tional standard requiring emergency terials. temperature of in excess of 3,000 de- response training for communities Mr. Chairman, I yield 3 minutes to grees. That is a little more than the along transportation routes so if there the gentleman from Nevada [Mr. GIB- fire that they have exposed these casks is an accident in the Mousetrap the BONS], who sits on the Committee on to. This is a kind of accident that could local law enforcement officers know Resources, the major environmental occur, that will occur if we allow this what to do. There is no requirement committee, who voted this bill out un- stuff, this nuclear waste, the most dan- that these officials even be notified of favorably. gerous stuff known to man, to be trans- the transport. Mr. GIBBONS. Mr. Chairman, I want ported across our community, through For all of these reasons, this is a pre- to thank the gentleman for yielding me our States, next to schools. It is a dan- mature bill, it is a bad response to a this time, and I do want to address ger to every American. We ought to op- very real problem that we have in this some of the myths that I have heard pose this bill. We ought to reject it country. I urge my colleagues to op- expressed here today about H.R. 1270. outright, and we ought to change the pose passage of this bill until we find a First of all, I want to address the issue policy from burial. permanent site for this nuclear waste of the ostrich policy, of sticking your Mr. HALL of Texas. Mr. Chairman, I and until we find a reasonable trans- head in the sand and hoping that no- yield 2 minutes to the gentleman from portation solution. body else sees the problem. Tennessee [Mr. GORDON], a member of Mr. ENSIGN. Mr. Chairman, I include When I was a child, this reminds me the committee. for the RECORD this letter from the of what my mother told me about 3 Mr. GORDON. Mr. Chairman, I rise President of the United States indicat- monkeys. Hear no evil, see no evil and today in favor of H.R. 1270. Many ing that he would veto H.R. 1270. speak no evil. It is odd that those peo- Americans have a temporary nuclear The text of the letter is as follows: ple who are in support of this bill are storage site close to home. My own STATEMENT OF ADMINISTRATION POLICY exactly those ones who have nuclear State of Tennessee has a legacy of high If H.R. 1270, as reported by the Commerce waste in their backyard that want to level nuclear waste that is stored on- Committee, were presented in its current get it out. They are the ones that have site. The nuclear weapons that were October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9665 built in Oak Ridge helped this entire Mr. Chairman, H.R. 1270 meets the you will know how long that really Nation win World War II and the Cold public’s need for a safe alternative for was. War. Now we have the opportunity temporary used fuel storage at one site Mr. Chairman, unfortunately though, through the Nuclear Waste Policy Act until a permanent storage facility is after billions of dollars and a decade of 1997 to establish a central storage fa- completed. This is a long overdue solu- and a half, we are only a few steps clos- cility in an underpopulated area that tion to a difficult issue. er to opening a permanent repository would be easier, safer and more eco- Mr. Chairman, I urge my colleagues than we were in 1982. This bill replaces nomical to monitor. to support this legislation. the sluggish action that has plagued The CHAIRMAN. The Chair would DOE’s Nuclear Waste Program with b 1800 announce that the order of closing will specific achievable deadlines and en- be the gentleman from Massachusetts, I understand the concerns of my col- sures that another 15 years will not Mr. MARKEY, first; the gentleman from leagues who oppose this bill. I know pass before the Federal Government Nevada, Mr. ENSIGN, second; the gen- that no one wants a nuclear storage lives up to its responsibility of accept- tleman from Texas, Mr. HALL, third; site in their backyard, but there is no ing spent fuel. and the gentleman from Colorado, Mr. magic wand that will make this waste Mr. Chairman, we have spent billions go away. It is here, we have no choice DAN SCHAEFER, fourth. Mr. DAN SCHAEFER of Colorado. of dollars looking into this issue. We but to deal with it. We need a solution Mr. Chairman, I yield 21⁄2 minutes to have assessed from ratepayers, not tax- to this growing problem, and the repos- the distinguished gentleman from Illi- payers, but ratepayers. Every time itory at the Yucca Mountain offers the nois [Mr. HASTERT]. somebody pays their utility bill, we are best opportunity. Mr. HASTERT. Mr. Chairman, we are reaching into their pocket and we have The Southern Governor’s Association looking at an issue that certainly cov- taken billions of their dollars. What took steps in this direction earlier this ers a lot of folks’ interests, and cer- has the Federal Government been able month by passing a resolution in favor tainly the people who oppose this piece to deliver for that billions of dollars? of H.R. 1270. Additionally, we cannot of legislation certainly have a back- Absolutely nothing. ignore the fact that consumers have yard interest of their own. The ratepayers, our constituents, Mr. paid into the Nuclear Waste Fund to Mr. Chairman, 15 years ago, that is store this waste. TVA alone has ex- Chairman, know that it is time for this how long ago Congress originally Congress to take the bull by the horns pended over $20 million in additional passed the Nuclear Waste Policy Act. funds because DOE has failed to take and deliver the promise that it made in In 1992, Congress envisioned that the 1982. this waste. Department of Energy would be accept- We must assure the public of the ing spent fuel by 1998. That is less than Mr. Chairman, we need to pass this safety of any repository. The nuclear two months away. bill. We need to fulfill the promise to industry has been storing fuel in 34 Fifteen years ago, Ronald Reagan the American people that this country States for more than three decades. was two years into his first term, Tip will have a safe and sound nuclear Though the industry is now safely O’Neill was Chairman, typewriters, not waste policy. We cannot allow another managing used fuel, long-term on-site computers were the norm, and the So- 15 years to go by. Regardless of what storage was never intended. viet Union was still considered the evil we hear on the floor today, we need to A central storage facility to keep empire. find an environmentally sound and per- much of this waste is necessary, and But perhaps most telling was the fact manent solution to the management of the Yucca Mountain fits the require- that 1992 was still a full two years be- spent nuclear waste. ment for safe storage of spent nuclear fore the Chicago Cubs would make it to Mr. Chairman, I include the following fuel. post-season play. If you are a Cubs fan, for the RECORD.

H.R. 1270 (passed E+P subcmte. 21–3) S. 104 (passed Senate 65–34)

TRANSPORTATION —No rail access directly to Yucca Mtn. But contemplates the possibility of future rail access ...... —No immediate rail access to Yucca Mtn. No later than one year after enactment of the bill, DOT will promulgate —Use heavy-haul from main rail line at Caliente, NV to Yucca Mtn ...... routing rule for nuclear waste by rail to Yucca. —Construction and operation of railroad requires NEPA review ...... —Heavy haul capability must be ready 18 mos. After NRC issues a license for an Interim Storage Facility (ISF). —Advanced state notification requirement ...... —Each state has preferred transportation routes. —State has preferred routes for transporting nuke waste ...... —Gov’s must be notified when fuel comes into state. —Follows current HazMat regulations on transport of hazardous waste ...... —Nationwide transportation educ. program. —Heavy-haul must be ready by 1/31/2002 ...... —Major training requirements for indivs. involved in transportation. (This provision was important to gain the sup- —No provision for transportation training requirements (this is major in the Senate’s bill) ...... port of Dem. Members and the labor unions.) —Tech. assis. to states in case of emergency ...... MILL FEE AND ONE-TIME FEES —Beginning FY99 & opening of perm. repos. the annual mill fee must avg. to 1 mill. & can’t exceed 1.5 mills. After —Capped at 1 mill. (See below for pros and cons). perm. repos. is functional, mill fee capped at 1 mill. —One-Time Fees paid in 2002 ...... DEFENSE WASTE —DOE must accept fuel from defense activities (Crapo) ...... —DOE must accept fuel from defense activities (Craig). DEFENSE WASTE FACILITY (ISF) —To be located at Yucca Mountain ...... —To be located at Yucca Mountain —Functional 1/31/2002 ...... —Functional 6/30/2003. —Construc. begins when Sec’y applies for NRC license ...... INTERIM STORAGE CAPACITY —Phase I: 10,000 MTU and licensed for 20 years. License must be filed within 12 months of enactment ...... —No phases for the development of the ISE. —Phase II: capacity increased to 40K with an initial term of 100 years ...... —The capacity will be determined at the time of license appl. and based on emplacement schedule and expected —No specific date for start of phase II to begin operation ...... date of perm. repository operation —The capacity is expandable. —Licensed for 40 year term. PERMANENT REPOSITORY —Sec’y must apply to NRC for construction authorization no later than 12/31/02 ...... —Requires DOE to continue with site characterization at Yucca. —Perm. Repos. will be functional 1/17/10 ...... —Requires DOE Sec. to apply to NRC for construction auth. no later than 10/31/01. —If Sec. determines Yucca is not suitable, he must contact Congress w/in 6 mos. with recommendations for a new —Functional 2015. site. PAYGO FIX —The House has a 5 year budget window which must be addressed ...... —The Senate has a 10 year budget window which must be addressed. —The House addresses its PAYGO shortfall by switching to a user fee in FY99 and collecting the outstanding one- —The Senate addressed their PAYGO shortfall by continuing the mandatory receipt of $600 million during FY98. In time fees in 2002. FY99, it switches to a user fee until FY01 where the government collects only what it will spend on Yucca. In —The fee is paid into the Treasury, not the Nuclear Waste Fund ...... FY02, they collect the payment of one time fees. This scenario will cover the first 5 years. In FY02, they revert back to the mandatory $600 million receipts to pay for the next 5 years. (This user fee is suspended during this period and utilities are forced to pay the full amount to cover the PAYGO problem). In 2007, the user fee is rees- tablished. The fee is paid to the Treasury, not the Nuclear Waste Fund. H9666 CONGRESSIONAL RECORD — HOUSE October 29, 1997 Mr. HALL of Texas. Mr. Chairman, I On October 8, the Resources Committee sition to the bill and the recommenda- yield 2 minutes to the gentleman from without one public hearing, reported unfavor- tion of the President’s advisors that Arkansas [Mr. BERRY]. ably this extensive and complicated bill, H.R. the bill be vetoed. Mr. BERRY. Mr. Chairman, I rise in 1270. Mr. Chairman, we are at a very bad support of H.R. 1270. Currently, a part Today, we are considering a bill that will point right now. There was at least at of every electricity consumer’s bill overturn the decision we made to focus on the beginning of the discussion of the goes directly into the Nuclear Waste construction of a safe, permanent facility and disposal of all nuclear wastes in the Fund. This fund was set up by the Con- instead mandate the immediate construction of United States some integrity in the gress in 1982 and requires the Depart- a temporary storage site at Yucca Mountain in process back in 1982. We set out to find ment of Energy to set up a nuclear Nevada. the site, east of the Mississippi, west of storage facility and begin accepting In so doing, the bill will prejudice the ongo- the Mississippi, wherever it may be. nuclear waste by 1998. ing viability studies, and make it more difficult But in 1987, we came back here to However, out of the over $12 billion for us to learn whether Yucca Mountain is the Congress, and many people were very that have already been paid into the right place to permanently store high level nu- upset about what was going on. They fund, only $4.8 billion have been spent clear waste. might have been pro nuclear, but they on waste storage research and funding Additionally, no one has done any scientific did not want the waste in their dis- for storage facilities. studies to determine whether the site specified trict. So we passed another bill in 1987. Since the Department of Energy has in HR 1270 is safe for interim storage of high What did we say? not constructed a waste storage facil- level nuclear waste. Well, the Chairman of the House then ity, the other $7 billion has been di- The bill will preempt all federal and state came from Texas. He said, ‘‘I don’t verted into unrelated uses such as defi- laws that the Secretary of Energy deems to be want it in Texas.’’ That was one of the cit reduction. This is the same type of inconsistent, or that present an obstacle, to sites. The second site was in Washing- problem we have with the Highway implementation of this new law. ton State. The majority leader came Trust Fund. Citizens constantly pay During the 1980's, Congress built a strong from Washington State. He said, ‘‘I into this fund, but they see nothing in national policy on nuclear waste. We decided don’t want it in Washington State.’’ It return. that the federal government would take re- was out. The third State was the salt If the Department of Energy had per- sponsibility for the permanent disposal of high domes in Louisiana. The Chairman of formed its required actions, we would level nuclear waste. We decided to find the the Committee on Energy came from not be debating this bill. An interim appropriate location for that disposal and to Louisiana. He said, ‘‘I don’t want it in storage facility would already be in build the permanent facility before moving tens Louisiana,’’ and it was out. The fourth place and a permanent facility would of thousands of high level nuclear waste now site was in North Carolina. The rank- ing Republican on the Committee on be in the near future. located at nuclear reactors across the country Commerce came from North Carolina. If the Department of Energy had per- to the permanent disposal site. High level nu- North Carolina was out. The fifth site formed its required actions, then this clear waste can be moved safely; but, there is was the solid granite of New Hamp- money would have been used for its in- no reason to move it more than is necessary. shire, and Ronald Reagan and George tended purpose, for managing the effi- Yes, there have been problems with the De- Bush said, ‘‘That is out in 1988. We are cient disposal of nuclear waste. partment of Energy's implementation of this not burying all the nuclear waste in Arkansans and other electricity con- plan. But, they appear to be on the right track America in New Hampshire.’’ sumers are already paying twice for now. The science we need to make an in- So we kept searching, playing this nuclear waste, one payment into the formed and objective decision is nearly com- game of thermonuclear hearts, trying Nuclear Waste Fund and another pay- plete. HR 1270 would prejudice the determina- to stick the queen of spades with some- ment to maintain on-site storage fa- tion on whether Yucca Mountain can and body. So we looked around, and what cilities across the United States. This should contain the permanent repository for did we find? We found the State of Ne- double payment can and will be halted the nation's high level nuclear waste by creat- vada, two Congressmen, two Senators. with the passage of this bill. ing a de facto repository at the Nevada Test ‘‘You get all the nuclear waste. We are Mr. Chairman, on behalf of all elec- Site. picking you.’’ tricity consumers, I urge my col- HR 1270 affirmatively preempts the National Even that had some integrity. At leagues to vote for H.R. 1270. Environmental Policy Act. It legislates the se- least they were going to have to deter- Mr. MARKEY. Mr. Chairman, I yield lection and construction of an interim storage mine whether or not the site was suit- such time as he may consume to the facility on public lands without any scientific or able for all the nuclear waste. gentleman from California [Mr. MIL- environmental analysis to support the premise. But, today, we come back again. We LER]. Current law prohibits the construction of an are not happy with that. There are still (Mr. MILLER of California asked and interim storage facility in Nevada, and limits five years until the year 2002, from de- was given permission to revise and ex- the size of any other temporary facility to ciding whether or not, in fact, Yucca tend his remarks.) 10,000 tons of waste. HR 1270 mandates that Mountain is the right place for all the Mr. MILLER of California. Mr. Chair- DOE build the interim facility in Nevada and nuclear waste, but we cannot wait. man, I rise in opposition to the legisla- allows up to 40,000 tons of high level nuclear So what are we doing here today? We tion. waste to be immediately stored thereÐwith no are going to decide to take all of the Mr. Chairman, when Congress enacted the environmental compliance. nuclear waste in America, put it on Nuclear Waste Policy Act in 1982, and then President Clinton will veto this bill if it trucks, put it in railroad cars, and ship amended it in 1987, we made certain agree- reaches his desk. Senator HARRY REID and his it to Nevada, and put it in an above- ments among ourselves, the utility companies Nevada colleagues are unanimously opposed ground mausoleum that is going to be and the American people. to this bill. I urge my colleagues to oppose finished in 2002, just in time to have One, we decided that the federal govern- H.R. 1270. the site characterization process by ment would assume the responsibility for per- Mr. MARKEY. Mr. Chairman, I yield scientists and geologists tell us that manent disposal of high level nuclear waste. myself the balance of my time. Yucca Mountain is not the right place Two, we would limit our consideration of Mr. HALL of Texas. Mr. Chairman, I for a permanent repository. possible locations for such permanent disposal yield one minute to the gentleman As a result, we will have to begin the to Yucca Mountain in Nevada. from Massachusetts [Mr. MARKEY]. process all over again to find the right Three, the nuclear utilities would pay a fee The CHAIRMAN. The gentleman site, and eventually we will have to to the US government to run the program and from Massachusetts [Mr. MARKEY] is pack all the nuclear waste up again, fund the construction of the permanent facility. recognized for four minutes. put it back in vans and trucks and rail- And, four, the utility companies would keep Mr. MARKEY. Mr. Chairman, I will road cars, and send it to another place their nuclear waste until we knew with cer- include for the record letters from Er- in America. tainty that the Yucca Mountain repository skine Bowles, the Chief of Staff to the Why are we doing this? We are doing would be built. President; Franklin Raines, the Direc- this not because there is some emer- The bill before us today, H.R. 1270, fun- tor of OMB; and a formal statement of gency at any nuclear facility in Amer- damentally changes that covenant. administration policy expressing oppo- ica. In fact, we are told that it is 100 October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9667 percent safe at every facility right EXECUTIVE OFFICE OF THE PRESI- The Administration is committed to re- now. We are doing this because the nu- DENT, OFFICE OF MANAGEMENT solving the complex and important issue of clear industry does not want a perma- AND BUDGET, nuclear waste storage in a timely and sen- nent repository. They do not want to Washington, DC, September 18, 1997. sible manner. The Federal government’s Hon. THOMAS J. BLILEY, JR. long-standing commitment to permanent, have to pay for it. Chairman, Committee on Commerce, House of geological disposal should remain the basic They promised the American people Representatives, Washington, DC. goal of high-level radioactive waste manage- that nuclear power was going to be too DEAR MR. CHAIRMAN: I am writing to ad- ment policy. This Administration has insti- cheap to meter, and that they were vise you of the Administration’s views on tuted planning and management initiatives going to be able to bury the waste per- H.R. 1270, the proposed Nuclear Waste Policy to accelerate progress on determining the manently. We now know it is the most Act of 1997. The Administration shares your suitability of Yucca Mountain, Nevada, as a expensive way of generating elec- commitment to resolving the complex and permanent geologic disposal site. tricity. Wall Street killed nuclear important issue of nuclear waste manage- H.R. 1270, however, would establish Nevada power it wasn’t some ponytailed, gra- ment in a timely and sensible manner, con- as the site of an interim nuclear waste stor- sistent with sound science and the protec- age facility before the viability assessment nola-chomping protest force outside a tion of public health, safety, and the envi- of Yucca Mountain as a permanent geologic nuclear power plant. ronment. The Federal government’s long- repository is completed. Moreover, even if Secondly, they do not know where to standing commitment to permanent, geo- Yucca Mountain is determined not to be via- bury the nuclear waste and they do not logic disposal should remain the basic goal ble for a permanent repository, the bill have any intention of paying for it, and of high-level radioactive waste management would provide no plausible opportunity to they want us to pretend here today policy. designate a viable alternative as an interim that we are going to do something Congress established a process to ensure storage site. Any potential siting decision about it and stick the queen of spades that sound technical judgment plays the pri- concerning such a facility ultimately should with the State of Nevada. mary role in determining whether a particu- be based on objective, science-based criteria Well, Mr. Chairman, this is a com- lar site can host a permanent nuclear waste and guided by the likelihood of the success of repository. Designating the Nevada Test Site the Yucca Mountain site. pletely irresponsible position to take. as the interim waste storage site at this In addition, the Administration strongly It is intergenerationally irresponsible point undermines the ongoing evaluation of objects to the bill’s weakening of existing for this generation to stick the next Yucca Mountain as a permanent disposal site environmental standards by preempting all generation with the job and the cost of as required by the Nuclear Waste Policy Act Federal, State, and local laws inconsistent burying all this waste. Amendments of 1987. In addition, the bill with the environmental requirements of this This is a bad bill. It is bad environ- runs the risk of reducing resources needed bill and the Atomic Energy Act. This pre- mental policy. It is bad fiscal policy, for this effort. More importantly, it could emption would effectively replace the Envi- and it is bad policy undermine the credibility of the Nation’s nu- ronmental Protection Agency’s authority to intergenerationally. I urge a no vote on clear waste disposal program by prejudicing set acceptable radiation release standards this bill as strongly as I can of any bill the Yucca Mountain permanent repository with a statutory standard. In addition, the decision. bill would undermine the purposes of the Na- that has ever come out on this House The Administration believes that a deci- tional Environmental Policy Act by, among floor. sion on the siting of an interim storage facil- other things, creating significant loopholes Mr. Chairman, I include the letters ity should be based on objective, science- in the environmental assessment process. referred to earlier for the RECORD. based criteria and should be informed by the Finally, the completion of a permanent ge- THE WHITE HOUSE, viability assessment of Yucca Mountain. ological repository is essential not only for Washington, October 28, 1997. Therefore, the President has stated that he commercial spent fuel disposal, but also for Hon. NEWT GINGRICH, would veto any legislation that would des- the cleanup of the Department of Energy’s Speaker of the House of Representatives, ignate an interim storage facility at a spe- nuclear weapons complex and the disposal of Washington, DC. cific site before the viability of a permanent its weapons-grade materials. In addition, DEAR MR. SPEAKER: It is my understanding geologic repository at Yucca Mountain has these actions are necessary to further U.S. that the House of Representatives soon will been determined. international nuclear nonproliferation objec- consider H.R. 1270. I am writing to reiterate In addition, the bill presents a number of tives. H.R. 1270 would, in the near-term, put the Administration’s objection to this legis- environmental problems, including the re- interim storage activities in competition lation. If the bill were presented to him in moval of the Environmental Protection with actions needed to complete the perma- its current form, the President would veto it. Agency from its responsibility for developing nent geologic repository. Consequently, the As I have stated previously, the Adminis- a radiation exposure standard and preempt- bill’s enactment could delay the appropriate tration is committed to resolving the com- ing the National Environmental Policy Act disposition of our surplus weapons-grade ma- plex and important issue of nuclear waste and other applicable Federal, State and local terials. storage in a timely and sensible manner, laws. PAY-AS-YOU-GO SCORING consistent with sound science and the pro- The Administration understands the con- H.R. 1270 would affect outlays; therefore, it tection of public health, safety, and the envi- cerns of the utility industry, public utility is subject to the pay-as-you-go requirements ronment. The Federal government’s long- commissions, and others about the inability of the Omnibus Budget Reconciliation Act of standing commitment to permanent, geo- of the Department of Energy to accept spent 1990. Preliminary estimates indicate that logic disposal—reflected in the Nuclear nuclear fuel by January 31, 1998. Secretary H.R. 1270 would reduce offsetting receipts by Waste Policy Act of 1982—should remain the Pen˜ a has made every effort since his con- $630 million in each of FYs 1999 through 2001, basic goal of high-level radioactive waste firmation to work cooperatively with the af- a total of $1,890 million, and increase such management policy. fected parties to find satisfactory ways of receipts by $2,070 million FY 2002. H.R. 1270 Any decision on the siting of an interim mitigating the impacts of this delay and will does not contain provisions to offset poten- storage facility should be based on objective, continue to do so. science-based criteria, and be fully protec- Thank you for your consideration of these tial deficit increases in its early years; con- tive of public health and safety and the envi- views. sequently, if the bill were enacted, any defi- ronment. This bill is unacceptable to the Ad- Sincerely, cit could contribute to a sequester of manda- tory spending in each of FYs 1999 through ministration because it falls far short of FRANKLIN D. RAINES, those goals. Additionally, H.R. 1270 does not Director. 2001. contain provisions to offset potential deficit The CHAIRMAN. The Chair would increases in its early years; consequently, if EXECUTIVE OFFICE OF THE PRESI- advise Members that the order of clos- the bill were enacted, any deficit effects DENT, OFFICE OF MANAGEMENT ing is the gentleman from Nevada, Mr. could contribute to a sequester of mandatory AND BUDGET, ENSIGN, the gentleman from Texas, Mr. spending in each of FY 1999 through 2001. Washington, DC, October 24, 1997. Secretary Pena and the entire Administra- HALL, and the gentleman from Colo- tion remain committed to working coopera- STATEMENT OF ADMINISTRATION POLICY rado, Mr. DAN SCHAEFER. tively with the Congress and with all in- H.R. 1270—NUCLEAR WASTE POLICY ACT OF 1997 The gentleman from Nevada, Mr. EN- volved stakeholders on nuclear waste dis- If H.R. 1270, as reported by the Commerce SIGN, has 51⁄2 minutes remaining, the posal issues within the confines of the Presi- Committee, were presented in its current gentleman from Texas, Mr. HALL, has dent’s policy. The Department is on an ag- form, the President would veto the bill. H.R. 31⁄2 minutes remaining, and the gen- gressive schedule to resolve the key unre- 1270 would undermine the credibility of the tleman from Colorado, Mr. DAN SCHAE- solved scientific and technical questions Nation’s nuclear waste disposal program by about Yucca Mountain. designating a specified site for an interim FER, has 4 minutes remaining. Sincerely, storage facility before the viability of that Mr. ENSIGN. Mr. Chairman, before ERSKINE B. BOWLES, site as a permanent geological repository has yielding to the gentleman from Ne- Chief of Staff to the President. been assessed. vada, I would like to just ask jokingly H9668 CONGRESSIONAL RECORD — HOUSE October 29, 1997 for unanimous consent to build a stat- Mr. ENSIGN. Mr. Chairman, nearly still going to be nuclear waste at these ue for the gentleman from Massachu- 14 years ago a Senator from Louisiana, facilities. setts [Mr. MARKEY] in the State of Ne- who was the chief proponent in the The other thing is that the Nuclear vada, as he has fought so hard for our Senate, said, ‘‘Mr. President, this bill Regulatory Commission has said that State. deals comprehensively with the prob- dry cask storage is good for 100 years. Mr. Chairman, I yield 2 minutes to lem of civilian nuclear waste. It is an When they were designing the casks to the gentleman from Nevada [Mr. GIB- urgent problem,’’ does this sound fa- transport this waste they designed a BONS]. miliar, ‘‘urgent problem. Mr. Presi- perfect solution. It is the cheapest so- Mr. GIBBONS. Mr. Chairman, I dent, for this Nation it is urgent, first lution. It only costs about $300 million thank the gentleman for yielding me because we are running out of reactor to actually store this waste on-site in this time. space and reactors for the storage of dry casks for up to 100 years. To trans- Mr. Chairman, I do appreciate having fuel, and if we do not build what we port this waste it costs about $2.3 bil- the gentleman from Massachusetts call away-from-reactor storage space lion. For all of us budget hawks around [Mr. MARKEY] being a straight man for and begin that soon, we could begin here, we should be thinking about how this whole event today. shutting down civilian nuclear reactors much does it cost to transport versus Let me say that with regard to those in this country as soon as 1983.’’ store. people who believe that the ratepayers That was 14 years ago. Not a single I would urge a strong ‘‘no’’ vote. Do have paid into the fund enough money, nuclear reactor in America has been not vote with the nuclear power inter- let me say that this stuff is going to be closed or been forced to close because ests. around for thousands and thousands of of the issue of running out of space. Mr. HALL of Texas. Mr. Chairman, I years. I hope they are ready to keep Some have closed because of overriding yield myself 15 seconds. Mr. Chairman, I just want to com- paying, and paying, and paying, be- safety concerns about operation and pliment the gentlemen from Nevada, cause they are going to have to pick up maintenance, but none because they Mr. ENSIGN and Mr. GIBBONS. And of the responsibility if the taxpayers do have run out of space to store nuclear course there is not a better guy in the not for the continued storage of this waste. world than HARRY REID, who has material at Yucca Mountain. Mr. Chairman, Congress has decided worked hard on this; the gentleman Let me talk about the suitability of this issue, not the scientists. This from Nevada, Mr. ENSIGN, only in his Yucca Mountain, if I may, real briefly. would be similar, what Congress is third year, and the other gentleman First of all, I am a geologist and I truly doing in this bill, is saying with Yucca from Nevada, Mr. GIBBONS, in the first Mountain and with the temporary stor- understand some of the problems we year. The die was cast long before they age site at the Nevada test site, ‘‘I do have got with suitability. If we keep got here. They have done an heroic and not care what any of the scientists say, lowering the standards, sure, we can admirable job with what they had. I re- it is going to be the site, and it is going make it suitable for storage. The prob- spect them for that. lem is that we are taking away the to be suitable, and we are going to The Committee on Commerce, the safety standards of this site. lower the standards until it is suit- committee of jurisdiction, voted 43 to 3 Earthquakes, 33 known earthquake able.’’ to carry out the intent of Congress. faults lie directly through this site in This would be like Congress saying to Mr. Chairman, I yield the balance of the Yucca Mountain area, and over the the medical community, ‘‘There is a my time to the gentlewoman from last several years, there have been over disease out there that we want you to Florida [Mrs. THURMAN]. 600 earthquakes in the surrounding 51⁄2 find a cure for. By the way, here is The CHAIRMAN. The gentlewoman miles that have impacted this. what the cure is going to be. Regard- from Florida [Mrs. THURMAN] is recog- Earthquakes that raise the water less of what the science shows, here is nized for 31⁄4 minutes. table, that would surround and, in fact, what the cure is going to be. I do not Mrs. THURMAN. Mr. Chairman, I could flood the repository, putting the care what any of the rest of the science thank the gentleman for yielding me canisters in harm of polluting the says, if there are other alternatives to the time. water table. treat this disease.’’ Mr. Chairman, despite some of the This groundwater contamination has I know we are all experts here, we are statements to the contrary, the bill be- been proven already. We have already all scientists, and that is why we are fore us today is about protecting our got a study by the National Science making these decisions. We are taking environment. It is about safeguarding Foundation that shows that plutonium away that decision on nuclear waste, our natural resources, for now and for has migrated almost 1 mile, 1 mile, just as we would be taking it away years to come. into the ground through the rocks and from the medical community, say on Moreover, it is about dealing with is now approaching the water table, breast cancer, by telling them it is the realities of our society. We depend dangerously close to the supply of going to be the answer out there, and on nuclear energy and we must address water for Southern California, South- not letting the scientists and the ex- the potential dangers associated with ern Nevada, et cetera. perts in the medical community make it. This bill would do just that. There is no question about the im- b this decision. 1815 The other myth is that we are taking portance nuclear power plays in our There is volcanic activity simply 20 this from all these other States and lives. Nuclear power is a source of en- kilometers away from the site. There going to put it in one site. The fact is ergy in our country, producing 20 per- are dormant volcanoes that could erupt that nuclear waste is going to remain cent of the Nation’s electricity. Al- at any time. From a geologic stand- in these other States, in these 41 though nuclear energy produces a point, they are active, not dormant. States. Because even as we are ship- small amount of used fuel, it produces They are merely sitting there waiting ping nuclear waste, and there will be no air pollution. Unfortunately, most for their opportunity to explode and nuclear waste going to Nevada, Mem- of the spent fuel is stored in above- damage the Yucca Mountain site. Let bers will still end up with nuclear ground pools at the plant sites, where me say also, there is concern there by waste at all of these other reactors it still remains dangerously radio- scientists about the spontaneous atom- around the country. active for thousands of years. The re- ic explosion that might occur. Some It has even been said to me that this ality of the situation is that 75 nuclear scientists have expressed that. is a national security interest, that nu- power plants currently store used fuel. Let me say that this bill is the wrong clear waste at these facilities is dan- By next year, 27 of them will exhaust approach and Yucca Mountain is the gerous to a terrorist. If that is the existing space to store this waste. I be- wrong site. case, we should never have built the lieve it is in our best interests to en- Mr. ENSIGN. Mr. Chairman, I yield nuclear power plants in the first place. sure that one safe storage facility is myself the balance of my time. The other thing is that Yucca Moun- developed to meet these very real and The CHAIRMAN. The gentleman tain and the temporary storage facility pending needs. from Nevada [Mr. ENSIGN] is recognized is not going to solve a national secu- Let us safely and efficiently manage for 31⁄2 minutes. rity interest problem, because there is this spent fuel. Let us pass H.R. 1270, October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9669 and require the Nuclear Regulatory the gentleman from Idaho [Mr. CRAPO], I introduced H.R. 1270 earlier this year with Commission and the Department of En- and the 165 Members of the House that Representatives TOWNS, HASTERT, CRAPO and ergy to prepare environmental impact have cosponsored the bill. We have 55 other original cosponsors. It is designed to statements. Let us ensure radiation heard tonight that it passed our com- address our national problem with high-level standards for the public, and let us mittee 43 to 3. We passed it by about nuclear waste by providing workable solutions make certain that the NRC maintains the same margin in the last Congress, for managing spent nuclear fuel. The total its strict enforcement of container de- as well. number of cosponsors has already reached sign essential to the safe transpor- Nuclear power, the decision for nu- 165 Members of the House. Similar legislation tation of spent nuclear waste across clear power, was made many decades passed the Senate in April by a vote of 65± State lines. ago. Part of that strategy was always 34. The bill is also about our commit- that the Federal Government would be As a by-product of nuclear power, high-level ment to nuclear waste disposal. Fifteen responsible for the permanent storage nuclear waste currently rests in spent fuel years ago Federal officials pledged to of the high-level nuclear waste. That pools and canisters at locations across the protect all of us from nuclear waste. was part of the equation. That is what country. They are not, however, at a secure, Instead, Congress tapped the nuclear this bill does. It in essence moves it to central location like our Government agreed to waste fund for other projects. We have one safe place. build. already invested over $13 billion to the Today we have about 100 different nu- Behind chainlink fences along the Chesa- nuclear waste fund. My constituents clear reactor sites around the country. peake, on cement pads a stone's throw from alone have paid over $650 million. It is Every single one of them is in a sen- the Great Lakes, near our neighborhoods and time that fees dedicated to this fund sitive environmental area, whether it our schools, nuclear waste is now a problem were spent for their intended purposes. be on the Great Lakes, whether it be forced upon States, counties, and townships Almost all of us already have a de on the Chesapeake Bay. Whether it be due to the Federal Government's blatant shirk- facto nuclear storage site closer to rivers, streams, or oceans, they are all ing of their responsibilityÐa failure that has home than we care to think. We have very sensitive. Our ratepayers have put cost taxpayers over $12 billion. the opportunity today to establish a in some $12 billion into the Nuclear In my district in southwest Michigan, nuclear storage facility that would be easier to Waste Trust Fund, of which about $6 waste currently sits in a dry cask on a cement monitor, more economical, and located billion has been spent in Yucca Moun- pad 100 yards from Lake Michigan. The site is at a remote location, far away from tain. less than 5 miles from an elementary school our homes and schools. Yes, we have detractors, certainly with 800 students. Now, I will say right away Members should do what they know our two colleagues from Nevada, and that the site is safe and secureÐBut it was is right. Support passage of the Nu- the opponents of nuclear power as well. not meant for long-term storage. I would rather clear Waste Policy Act of 1997. But that nuclear decision was made be- have nuclear waste permanently stored at an Mr. DAN SCHAEFER of Colorado. fore I was in high school. About 20 per- isolated and remote location than at over 80 Mr. Chairman, I yield myself 30 sec- cent of our power today comes from sites around the country. onds. nuclear energy, and if we turned off I have a message to those Members who Mr. Chairman, I want to reflect on that power tonight, we would still have are concerned about the transportation of what the gentleman from Texas [Mr. to deal with the issue of what to do spent nuclear fuel; it's been transported for 30 HALL] had to say about the two Mem- with the high-level nuclear waste. That years and according the Nuclear Regulatory bers from Nevada. They have been is what this bill does. Commission, great on this issue. We know it is not Today in this country we have 10 The safety record for spent nuclear fuel an easy one to try and go forth on, and sites that have run out of room. They shipments in the U.S. and in other industri- I just want to say that they have been have reracked their rods, they have alized nations is enviable. Of the thousands very much gentlemen in this, and have built these lead-lined cement of shipments completed over the last 30 been ferocious fighters. I have to say cannisters that are literally stacked in years, none has resulted in an identifiable in- that we respect them tremendously. the dunes of Lake Michigan and other jury through release of radioactive mate- Mr. Chairman, I yield the balance of places around the country, because rials. my time to close to the gentleman they have run out of room. They did NRC statistics show that over 1,300 tons of from Michigan [Mr. UPTON], the author not have anyplace to put it. Next year spent fuel was shipped in the United States of the bill. we are going to have 27 more reactors from 1979 through 1995. This was accom- The CHAIRMAN. The gentleman run out of room. It is time for this Con- plished through a mix of shipments on high- from Michigan [Mr. UPTON] is recog- gress to act, to send it to one safe ways and rail. nized for 31⁄2 minutes. place. For a little background, in 1982 Congress (Mr. UPTON asked and was given Yucca Mountain, Mr. Chairman, I passed and the President signed the Nuclear permission to revise and extend his re- have been there. It is adjacent to where Waste Policy Act. It was later amended in marks.) we have conducted underground, un- 1987 but its goal remained simple and Mr. UPTON. Mr. Chairman, I rise to contained nuclear testing for almost 50 steamlinedÐthe Federal Government agreed thank a number of people here tonight. years. When this bill gets enacted, and to accept responsibility for the proper manage- I thank the chairman of our commit- it will, nuclear waste will be in a con- ment and disposal of defense and civilian nu- tee, the gentleman from Virginia, [Mr. tained spot. It will be monitored. It is clear waste. From funds collected through a BLILEY], and the gentleman from Colo- going to be in a place that will be tax on our electricity bills, the Government rado [Mr. DAN SCHAEFER]. Without deemed safe by the scientists. was going to build a high level repository and their leadership, we would not see this The record shows we have had some begin accepting waste from utility companies bill to the floor this evening. 2,400 shipments across the country to by January 31, 1998. I also want to thank, on the other the existing nuclear facilities today, A lot has happened since the 1980's. But by side of the aisle, the gentleman from and 1,300 tons of nuclear material in the same token a lot hasn't happenedÐname- Michigan [Mr. DINGELL], the ranking fact was shipped without a single re- ly progress toward completing this project. The member, and the gentleman from lease, not a single release of nuclear Department of Energy has spent time in court, Texas [Mr. HALL], who have been ter- material in all of those shipments. time at the research lab, and time boring a rific. I, too, share in thanking the two They did not mine that nuclear stuff in massive hole in the side of Yucca Mountain in gentlemen from Nevada, who have been the dunes of Lake Michigan, they had NevadaÐthe site selected to potentially house very good debaters, they have been to ship it there. When they shipped it a permanent repository. Our most recent esti- very persistent, they have made us do there, the record was perfect. mates, however, show this facility won't be our homework for sure, and they have This is a bipartisan bill. It has been ready to receive waste until well into the next been very tough. I appreciate that, as that from the beginning. I thank the century. well. Republicans and Democrats, and ask Today and tomorrow, Congress will debate I also thank the gentleman from New them to vote in favor of this bill. a bill that provides a short term solution to this York [Mr. TOWNS], my coauthor, the Mr. Chairman, I rise today in support of H.R. long term problem. The legislation directs the gentleman from Illinois [Mr. HASTERT], 1270, the Nuclear Waste Policy Act of 1997. Department of Energy to continue working on H9670 CONGRESSIONAL RECORD — HOUSE October 29, 1997 the permanent site while also temporarily build a permanent repository to handle our na- protection provisions are applicable. Third, the stacking the waste outside what is expected to tion's spent nuclear fuel and passed laws di- bill authorizes the Secretary of Energy to fund be the final resting place. Our Government recting the Department of Energy to take the road improvements leading to the Yucca should pursue a policy that puts nuclear waste lead in this effort. Despite collecting billions of Mountain nuclear waste site. Because Title 23 behind one fence, in one location, where we dollars from ratepayers across the nation, the governs construction of Federal-aid highways, can concentrate all of our resources on mak- Department of Energy has yet to open even a section 207 clarifies that Title 23 requirements ing sure it is safe. temporary site where spent nuclear fuel can are applicable to federal-aid roads constructed Nuclear waste transcends political be safely stored until a permanent facility is with funds provided under H.R. 1270. ideologies. As a nation, we must work to- built. A provision also was added to the man- gether to develop a single national strategy. Mr. Chairman, it is time for Congress to pro- ager's amendment which provides that the As a Congress, we must work together to get tect America from harmful nuclear waste by Secretary is not required to promulgate new this solution in place. storing it safely. I urge my colleagues to sup- training standards for the transportation of With each passing year and each passing port the Nuclear Waste Policy Act. Passing hazardous materials if there already are exist- month, the price of nuclear waste continues to this important legislation will move us one step ing federal regulations that establish adequate mount. Ratepayers keep paying taxes on their closer to eliminating the threat of nuclear con- training standards. This provision clarifies an electricity bills to support the bottomless Nu- tamination in communities across the nation. ambiguity in section 203(g) of the bill as re- clear Waste Fund. Without a solution in place, Mr. Chairman, some would have us believe ported regarding whether the Secretary of the burden of disposal falls back on the local that the nuclear waste should remain where it Transportation could decide not to promulgate utility companies, and, in turn, back squarely is. But right now, there are over 30,000 tons additional regulations in response to this legis- on the shoulders of the American consumer of radioactive waste stored outside nuclear re- lation based on a finding that existing Depart- as they are double taxed. actors at over 80 facilities in 41 states. Some ment of Transportation regulations are ade- Earlier this year, the Department of Energy sites are dangerously close to fault lines, vol- quate. was again assailed in the courts. 46 State canoes and other areas prone to natural dis- A provision also was added to the man- agencies and 33 power companies from 36 aster. And almost every one of these sites is ager's amendment which provides that the States filed suit to force the administration to within a few miles, sometimes a few yards of Secretary of Transportation may specify an stick to the original deadline which is less than somebody's backyard. appropriate level of knowledge, skills, and 3 months away. Obviously, we won't meet the Our government has a responsibility to pro- prior training for individuals required to be deadline but H.R. 1270 offers some solutions tect its citizens. Until now, the Department of trained in the transportation of hazardous ma- because rightly so, everyone is growing tired Energy has not fulfilled its obligation. Mr. terials instead of a required minimum number of these costly delays. In light of these devel- Chairman, the Nuclear Waste Policy Act will of hours of training. The bill as reported re- opments, I would urge the Department and the protect America from harmful nuclear waste by quired Department of Transportation regula- administration to work with us as this legisla- moving it to a safe site. I urge my colleagues tions to specify a minimum number of hours of tion moves through the congressional process, on both sides of the aisle to support it. training for employees and management per- rather than throw up roadblocks. Mr. SHUSTER. Mr. Chairman, I want to sonnel. Critics claim that Yucca Mountain is not an clarify the intent of certain provisions of H.R. Finally, a provision was added on the selec- appropriate location for nuclear waste. Yucca 1270, the Nuclear Waste Policy Act of 1997, tion of rail routes for the transportation of nu- is located within the Nevada Test Site, an that are within the jurisdiction of the Commit- clear waste. I am concerned that this provision area the size of Connecticut that since the tee on Transportation and Infrastructure. is less clear than it should be as to the need Truman administration has been home to at- A savings clause, section 207, has been in- to consult with the affected rail carriers. I be- mospheric nuclear test blasts and countless cluded in the manager's amendment which lieve that such consultation is a practical ne- active and abandoned nuclear labs. Its re- clarifies that H.R. 1270 does not affect the ap- cessity anyway, and so I am not objecting to mote, arid location is, in fact, ideally suited to plication of existing laws governing transpor- the amendment. It is my hope that this point store nuclear waste. tation of hazardous materials, rail and motor will be clarified during the conference on the The real danger exists only in allowing our carrier safety and federal-aid highway con- bill. Government to break its word and expect us struction. Under the savings clause, the provi- Mr. FRELINGHUYSEN. Mr. Chairman, I rise to look the other way. But it is difficult to look sions in Chapter 51 of Title 49, U.S. Code in support of H.R. 1270, the Nuclear Waste the other way on this issue when at seemingly Policy Act of 1997. This legislation is needed (governing transportation of hazardous mate- every other turn, another community is being for one simple reason, Congress must ensure rials), Part A of Subtitle V of Title 49, U.S. forced to deal with nuclear waste close to that the Federal government follows through Code (governing rail safety), Part B of Subtitle home. My colleagues and I were sent to Con- with its commitment to store nuclear fuel at a VI of Title 49, U.S. Code (governing motor gress to fix the Nation's problems. Through central location in the United States. carrier safety) and Title 23, U.S. Code (gov- lessons we've learned from events like the Without a functioning, centrally located site, erning the Federal-Aid Highway program) re- savings and loan debacle, we know that inac- this spent nuclear fuel is piling up at sites all main in effect. This savings clause is nec- tion only makes the situation worse. around the nation. While spent fuel can be Simply put, nuclear waste is one of the sin- essary for a number of reasons. First, the bill stored permanently in this fashion, utilities are gle greatest environmental issues that exist funds technical assistance and training on the simply running out of room and will soon need today. In turn, one would assume that it transportation of nuclear waste to the site and more space. And furthermore, having multiple should be the single greatest concern of an requires the Secretary of Transportation to sites raises the safety question. administration which has campaigned on its promulgate new regulations governing trans- American ratepayers thought they had a support and defense of the environment. portation of nuclear waste, if he finds that ex- firm contract with the Federal government We can deal effectively with this by placing isting regulations are not adequate. Because under the Nuclear Waste Policy Act Amend- nuclear waste in a suitable location in the in- the existing law and regulations governing ments of 1987 to start accepting waste in terim. That threat can be greatly reduced still transportation of hazardous materials apply to 1998. However, the Department of Energy is by putting in place a permanent facility. The the transportation of nuclear waste, section nowhere close to keeping its end of the agree- Department of Energy must be held account- 207 clarifies that H.R. 1270 does not supplant ment and is at best a decade behind sched- able to the U.S. Congress, and more impor- existing law or regulations. Rather, H.R. 1270 ule. Forty-six state agencies and thirty-three tantly, to the U.S. taxpayers. will allow the Secretary of Transportation to power companies from thirty-six states have Key groups have come out in support of exercise his discretion to promulgate regula- shown their frustration with DOE by filing suit H.R. 1270 such as the National Association of tions only to the extent existing regulations are to force DOE to adher to the original deadline. Counties, Citizens Against Government not adequate. This bill moves the stalled process along. It Waste. Many Governors have written as well Second, while the bill makes the employee provides for an interim storage facility which to express the need for action on this issue. protection provisions in the rail and motor car- will be used until the permanent site at Yucca I would hope that in the same spirit and bi- rier safety laws applicable to individuals en- Mountain is properly tested and ready to ac- partisanship that we showed in reaching a bal- gaged in the interstate transportation of nu- cept waste. The sense of Congress is that our anced budget agreement, we can also move clear waste, it does not specify the applicabil- government should pursue a policy that puts forward in passing nuclear waste legislation ity of other rail or motor carrier safety provi- nuclear waste safely behind one fence, in one this year. sions. Section 207 is, therefore, necessary to location, in one state. Mr. PACKARD. Mr. Chairman, over 15 clarify that all of the rail and motor carrier As a member of the Energy and Water Ap- years ago, Congress recognized the need to safety provisions and not simply the employee propriations Subcommittee on Appropriations October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9671 which has oversight over the Nuclear Waste My disagreement with this proposed legisla- ‘‘TITLE I—OBLIGATIONS Fund, I visited the Yucca Mountain site in tion is based on the exclusion of the Guanta- ‘‘Sec. 101. Obligations of the Secretary of En- March 1997. As I looked out across the vast namo Haitians from the proposed amnesty. It ergy. Nevada desert where the military once ex- is very shocking to find that this proposed law ‘‘TITLE II—INTEGRATED MANAGEMENT ploded atomic bombs, I felt that one central lo- grants relief to Central Americans, without re- SYSTEM cation for storage was the best solution for ad- gard to the plight of those 11,000 Haitians ‘‘Sec. 201. Intermodal transfer. dressing our high level waste storage problem. who were admitted to the United States after ‘‘Sec. 202. Transportation planning. With each passing year and each passing being processed in Guantanamo in 1991. ‘‘Sec. 203. Transportation requirements. month, the price of storing nuclear waste con- One of the arguments used to favor the ‘‘Sec. 204. Interim storage. tinues to mount. Ratepayers keep paying ‘‘Sec. 205. Permanent disposal. Central Americans is that they are in the Unit- ‘‘Sec. 206. Land withdrawal. taxes on their electricity bills to support the ed States for political reasons. I believe this is ‘‘Sec. 207. Private storage facilities. bottomless Nuclear Waste Fund. Without a so- a similar situation with Guantanamo Haitians ‘‘TITLE III—LOCAL RELATIONS lution in place, the burden of disposal falls who fled Haiti by boat to escape a violent mili- back on the shoulders of the American ‘‘Sec. 301. On-site representative. tary dictatorship, headed by General Cedras ‘‘Sec. 302. Benefits agreements. consumer. Moreover, inaction may create per- and Michel Francois. Many of them were re- ‘‘Sec. 303. Content of agreements. haps the largest environmental threat that ex- portedly killed by this military regime. Those ‘‘Sec. 304. Acceptance of benefits. ists today with more than one hundred sites who escaped were intercepted at sea, and ‘‘Sec. 305. Restriction on use of funds. around the nation instead of one central facil- were brought to Guantanamo for screening. ‘‘Sec. 306. Initial land conveyances. ity. They were determined to have credible claims ‘‘Sec. 307. Payments equal to taxes. We can minimize that threat by placing nu- for political asylum. Thus, they were permitted ‘‘TITLE IV—FUNDING AND ORGANIZATION clear waste in a suitable location in the in- to enter the United States based on their cred- ‘‘Sec. 401. Program funding. terim, and then moving it to an underground ible claims. ‘‘Sec. 402. Office of Civilian Radioactive Waste permanent repository in Nevada. This bill pro- Besides the Guantanamo Haitians, many Management. vides the leadership we need to accomplish other Haitians escaped to the United States in ‘‘Sec. 403. Defense contribution. these goals. search of peace and freedom. However, they ‘‘TITLE V—GENERAL AND Mr. Chairman, I urge my colleagues to sup- were sent back to Haiti because they were MISCELLANEOUS PROVISIONS port this bill. considered ``economic refugees''. Today, even ‘‘Sec. 501. Compliance with other laws. Mr. BEREUTER. Mr. Chairman, this Mem- the Guantanamo Haitians, those who were de- ‘‘Sec. 502. Water rights. ber rises in support of H.R. 1270, the Nuclear ‘‘Sec. 503. Judicial review of agency actions. Waste Policy Act. Quite simply, the issue of termined to be political refugees, may be de- ‘‘Sec. 504. Licensing of facility expansions and nuclear waste disposal has been delayed far ported. transshipments. too long. It must be addressed in a respon- Mr. Speaker, there is no legitimate reason ‘‘Sec. 505. Siting a second repository. sible manner. to discriminate between the Haitian asylum ‘‘Sec. 506. Financial arrangements for low-level As one of only six Members representing a seekers from the Central American asylum radioactive waste site closure. seekers. In my district, which includes a large ‘‘Sec. 507. Nuclear Regulatory Commission district with multiple nuclear power plants, this training authorization. Member certainly recognizes the importance Haitian constituency, great concern has been expressed that Congress will enact legislation ‘‘Sec. 508. Acceptance schedule. of developing a safe, comprehensive, and ‘‘Sec. 509. Subseabed or ocean water disposal. long-term approach to the storage of spent nu- to grandfather Central Americans under the old suspension of deportation provisions to the ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL clear fuel. Maintaining the status quo, with its REVIEW BOARD exclusion of Haitians who are similarly situ- reliance on on-site storage, is clearly not an ‘‘Sec. 601. Definitions. acceptable long-term solution. In general, this ated. This proposed legislation is flawed and has ‘‘Sec. 602. Nuclear Waste Technical Review Member believes that H.R. 1270, as approved Board. by the Commerce Committee, represents a re- a double standard favoring Latinos. I believe ‘‘Sec. 603. Functions. sponsible approach. that equity require that the law treat similarly ‘‘Sec. 604. Investigatory powers. The bill being considered directs the Depart- situated persons alike. Thus, I would be op- ‘‘Sec. 605. Compensation of members. ment of Energy to begin storing high-level nu- posed to any legislation which denies any ‘‘Sec. 606. Staff. clear waste at the Yucca Mountain site in Ne- group equal protection under the law. ‘‘Sec. 607. Support services. vada until a permanent disposal site is devel- Extending to Haitians the same benefits that ‘‘Sec. 608. Report. we extend to Central Americans is the only ‘‘Sec. 609. Authorization of appropriations. oped. H.R. 1270 also makes improvements in ‘‘Sec. 610. Termination of the board. safety and transportation issues related to the just thing to do. Therefore, I cannot support disposal of nuclear waste/ this proposed agreement. ‘‘TITLE VII—MANAGEMENT REFORM This legislation is necessary because the The CHAIRMAN. All time for general ‘‘Sec. 701. Management reform initiatives. Department of Energy has not made accept- debate has expired. ‘‘Sec. 702. Reporting. able progress on developing a permanent re- Pursuant to the rule, the amendment ‘‘SEC. 2. DEFINITIONS. pository for spent nuclear fuel. It is estimated in the nature of a substitute rec- ‘‘For purposes of this Act: that by 2010, 80 nuclear reactorsÐincluding ommended by the Committee on Com- ‘‘(1) ACCEPT, ACCEPTANCE.—The terms ‘accept’ merce printed in the bill shall be con- and ‘acceptance’ mean the Secretary’s act of both in NebraskaÐwill have reached on-site taking possession of spent nuclear fuel or high- storage capacity. sidered as an original bill for the pur- level radioactive waste. As a result, if no changes are made, it is poses of amendment under the 5- ‘‘(2) ACCEPTANCE SCHEDULE.—The term ‘ac- likely that consumers would be required to minute rule, and shall be considered as ceptance schedule’ means the schedule estab- continue contributing to the Nuclear Waste read. lished in section 508 for acceptance of spent nu- Fund while also paying to develop additional The text of the committee amend- clear fuel and high-level radioactive waste. on-site storage space. This would clearly not ment in the nature of a substitute is as ‘‘(3) AFFECTED INDIAN TRIBE.—The term ‘af- be reasonable or equitable. This issue is criti- follows: fected Indian tribe’ means any Indian tribe— ‘‘(A) within whose reservation boundaries the cally important to Nebraska and its nuclear en- H.R. 1270 interim storage facility or a repository for spent ergy consumers, who have already paid more Be it enacted by the Senate and House of Rep- nuclear fuel or high-level radioactive waste, or than $150 million into the Nuclear Waste resentatives of the United States of America in both, is proposed to be located; or Fund. Congress assembled, ‘‘(B) whose federally defined possessory or This Member urges his colleagues to sup- SECTION 1. AMENDMENT OF NUCLEAR WASTE usage rights to other lands outside of the res- port H.R. 1270. POLICY ACT OF 1982. ervation’s boundaries arising out of congres- Mr. HASTINGS of Florida. Mr. Speaker, I The Nuclear Waste Policy Act of 1982 is sionally ratified treaties may be substantially rise today to express my profound disapproval amended to read as follows: and adversely affected by the locating of such a at the proposed agreement reached by Rep- ‘‘SECTION 1. SHORT TITLE AND TABLE OF CON- facility if the Secretary of the Interior finds, TENTS. upon the petition of the appropriate govern- resentative LAMAR SMITH and Representative ‘‘(a) SHORT TITLE.—This Act may be cited as mental officials of the tribe, that such effects LINCOLN DIAZ-BALART. This agreement unfairly the ‘Nuclear Waste Policy Act of 1997’. are both substantial and adverse to the tribe. distinguishes between Central Americans who ‘‘(b) TABLE OF CONTENTS.— ‘‘(4) AFFECTED UNIT OF LOCAL GOVERNMENT.— entered the United States before December ‘‘Sec. 1. Short title and table of contents. The term ‘affected unit of local government’ 1995 and Guantanamo Haitians who entered ‘‘Sec. 2. Definitions. means the unit of local government with juris- the United States during 1991 and 1992. ‘‘Sec. 3. Findings and purposes. diction over the site of a repository or interim H9672 CONGRESSIONAL RECORD — HOUSE October 29, 1997 storage facility. Such term may, at the discre- cific site within Area 25 of the Nevada Test Site ‘‘(1) while spent nuclear fuel can be safely tion of the Secretary, include other units of that is designated by the Secretary and with- stored at reactor sites, the expeditious movement local government that are contiguous with such drawn and reserved in accordance with this Act to and storage of such spent nuclear fuel at a unit. for the location of the interim storage facility. centralized Federal facility will enhance the na- ‘‘(5) ATOMIC ENERGY DEFENSE ACTIVITY.—The ‘‘(18) LOW-LEVEL RADIOACTIVE WASTE.—The tion’s environmental protection; term ‘atomic energy defense activity’ means any term ‘low-level radioactive waste’ means radio- ‘‘(2) while the Federal Government has the re- activity of the Secretary performed in whole or active material that— sponsibility to provide for the centralized in- in part in carrying out any of the following ‘‘(A) is not spent nuclear fuel, high-level ra- terim storage and permanent disposal of spent functions: dioactive waste, transuranic waste, or byprod- nuclear fuel and high-level radioactive waste to ‘‘(A) Naval reactors development. uct material as defined in section 11 e.(2) of the protect the public health and safety and the en- ‘‘(B) Weapons activities including defense in- Atomic Energy Act of 1954 (42 U.S.C. 2014(e)(2)); vironment, the costs of such storage and dis- ertial confinement fusion. and posal should be the responsibility of the genera- ‘‘(C) Verification and control technology. ‘‘(B) the Commission, consistent with existing tors and owners of such waste and fuel, includ- ‘‘(D) Defense nuclear materials production. law, classifies as low-level radioactive waste. ing the Federal Government; ‘‘(E) Defense nuclear waste and materials by- ‘‘(19) METRIC TONS URANIUM.—The terms ‘met- ‘‘(3) in the interests of protecting the public products management. ric tons uranium’ and ‘MTU’ mean the amount health and safety, enhancing the nation’s envi- ‘‘(F) Defense nuclear materials security and of uranium in the original unirradiated fuel ele- ronmental protection, promoting the nation’s safeguards and security investigations. ment whether or not the spent nuclear fuel has energy security, and ensuring the Secretary’s ‘‘(G) Defense research and development. been reprocessed. ability to commence acceptance of spent nuclear ‘‘(6) CIVILIAN NUCLEAR POWER REACTOR.—The ‘‘(20) NUCLEAR WASTE FUND.—The term ‘Nu- term ‘civilian nuclear power reactor’ means a ci- clear Waste Fund’ means the nuclear waste fuel and high-level radioactive waste no later vilian nuclear power plant required to be li- fund established in the United States Treasury than January 31, 2002, it is necessary for Con- censed under section 103 or 104 b. of the Atomic prior to the date of enactment of this Act under gress to authorize the interim storage facility; Energy Act of 1954 (42 U.S.C. 2133, 2134(b)). section 302(c) of the Nuclear Waste Policy Act of ‘‘(4) deficit-control measures designed to limit ‘‘(7) COMMISSION.—The term ‘Commission’ 1982. appropriation of general revenues have limited means the Nuclear Regulatory Commission. ‘‘(21) OFFICE.—The term ‘Office’ means the the availability of the Nuclear Waste Fund for ‘‘(8) DEPARTMENT.—The term ‘Department’ Office of Civilian Radioactive Waste Manage- its intended purposes; and means the Department of Energy. ment established within the Department prior to ‘‘(5) the Federal Government has the respon- ‘‘(9) DISPOSAL.—The term ‘disposal’ means the the date of enactment of this Act under the pro- sibility to provide for the permanent disposal of emplacement in a repository of spent nuclear visions of the Nuclear Waste Policy Act of 1982. waste generated from United States atomic en- fuel, high-level radioactive waste, or other high- ‘‘(22) PACKAGE.—The term ‘package’ means ergy defense activities. ly radioactive material with no foreseeable in- the primary container that holds, and is in di- ‘‘(b) PURPOSES.—The purposes of this Act tent of recovery, whether or not such emplace- rect contact with, solidified high-level radio- are— ment permits recovery of such material for any active waste, spent nuclear fuel, or other radio- ‘‘(1) to direct the Secretary to develop an inte- future purpose. active materials and any overpack that are em- grated management system in accordance with ‘‘(10) DISPOSAL SYSTEM.—The term ‘disposal placed at a repository. this Act so that the Department can accept system’ means all natural barriers and engi- ‘‘(23) PROGRAM APPROACH.—The term ‘pro- spent nuclear fuel or high-level radioactive neered barriers, and engineered systems and gram approach’ means the Civilian Radioactive waste for interim storage commencing no later components, that prevent the release of radio- Waste Management Program Plan, dated May than January 31, 2002, and for permanent dis- nuclides from the repository. 1996, as modified by this Act, and as amended posal at a repository commencing no later than ‘‘(11) ENGINEERED BARRIERS.—The terms ‘engi- from time to time by the Secretary in accordance January 17, 2010; neered barriers’ and ‘engineered systems and with this Act. ‘‘(2) to provide for the siting, construction, components,’ mean man made components of a ‘‘(24) REPOSITORY.—The term ‘repository’ and operation of a repository for permanent disposal system. Such terms include the spent means a system designed and constructed under geologic disposal of spent nuclear fuel and high- nuclear fuel or high-level radioactive waste title II of this Act for the permanent geologic level radioactive waste in order to adequately form, spent nuclear fuel package or high-level disposal of spent nuclear fuel and high-level ra- protect the public and the environment; radioactive waste package, and other materials dioactive waste, including both surface and sub- ‘‘(3) to take those actions necessary to ensure placed over and around such packages. surface areas at which spent nuclear fuel and that the consumers of nuclear energy, who are ‘‘(12) HIGH-LEVEL RADIOACTIVE WASTE.—The high-level radioactive waste receipt, handling, funding the Secretary’s activities under this term ‘high-level radioactive waste’ means— possession, safeguarding, and storage are con- Act, receive the services to which they are enti- ‘‘(A) the highly radioactive material resulting ducted. tled and realize the benefits of enhanced protec- from the reprocessing of spent nuclear fuel, in- ‘‘(25) SECRETARY.—The term ‘Secretary’ means tion of public health and safety, and the envi- cluding liquid waste produced directly in re- the Secretary of Energy. ronment, that will ensue from the Secretary’s processing and any solid material derived from ‘‘(26) SITE CHARACTERIZATION.—The term ‘site compliance with the obligations imposed by this such liquid waste that contains fission products characterization’ means activities, whether in a Act; and in sufficient concentrations; laboratory or in the field, undertaken to estab- ‘‘(B) the highly radioactive material resulting lish the geologic condition and the ranges of the ‘‘(4) to provide a schedule and process for the from atomic energy defense activities; and parameters of a candidate site relevant to the lo- expeditious and safe development and com- ‘‘(C) any other highly radioactive material cation of a repository, including borings, sur- mencement of operation of an integrated man- that the Commission, consistent with existing face excavations, excavations of exploratory fa- agement system and any necessary modifica- law, determines by rule requires permanent iso- cilities, limited subsurface lateral excavations tions to the transportation infrastructure to en- lation. and borings, and in situ testing needed to evalu- sure that the Secretary can commence accept- ‘‘(13) FEDERAL AGENCY.—The term ‘Federal ate the licensability of a candidate site for the ance of spent nuclear fuel and high-level radio- agency’ means any Executive agency, as defined location of a repository, but not including pre- active waste no later than January 31, 2002. in section 105 of title 5, United States Code. liminary borings and geophysical testing needed ‘‘TITLE I—OBLIGATIONS ‘‘(14) INDIAN TRIBE.—The term ‘Indian tribe’ to assess whether site characterization should be undertaken. ‘‘SEC. 101. OBLIGATIONS OF THE SECRETARY OF means any Indian tribe, band, nation, or other ENERGY. organized group or community of Indians recog- ‘‘(27) SPENT NUCLEAR FUEL.—The term ‘spent nized as eligible for the services provided to In- nuclear fuel’ means fuel that has been with- ‘‘(a) DISPOSAL.—The Secretary shall develop dians by the Secretary of the Interior because of drawn from a nuclear reactor following irradia- and operate a repository for the permanent geo- their status as Indians including any Alaska tion, the constituent elements of which have not logic disposal of spent nuclear fuel and high- Native village, as defined in section 3(c) of the been separated by reprocessing. level radioactive waste. Alaska Native Claims Settlement Act (43 U.S.C. ‘‘(28) STORAGE.—The term ‘storage’ means re- ‘‘(b) ACCEPTANCE.—The Secretary shall accept 1602(c)). tention of spent nuclear fuel or high-level radio- spent nuclear fuel and high-level radioactive ‘‘(15) INTEGRATED MANAGEMENT SYSTEM.—The active waste with the intent to recover such waste for storage at the interim storage facility term ‘integrated management system’ means the waste or fuel for subsequent use, processing, or pursuant to section 204 in accordance with the system developed by the Secretary for the ac- disposal. acceptance schedule, beginning not later than ceptance, transportation, storage, and disposal ‘‘(29) WITHDRAWAL.—The term ‘withdrawal’ January 31, 2002. of spent nuclear fuel and high-level radioactive has the same definition as that set forth in the ‘‘(c) TRANSPORTATION.—The Secretary shall waste. Federal Land Policy and Management Act (43 provide for the transportation of spent nuclear ‘‘(16) INTERIM STORAGE FACILITY.—The term U.S.C. 1702 et seq.). fuel and high-level radioactive waste accepted ‘interim storage facility’ means a facility de- ‘‘(30) YUCCA MOUNTAIN SITE.—The term by the Secretary. signed and constructed for the receipt, han- ‘Yucca Mountain site’ means the area in the ‘‘(d) INTEGRATED MANAGEMENT SYSTEM.—The dling, possession, safeguarding, and storage of State of Nevada that is withdrawn and reserved Secretary shall expeditiously pursue the devel- spent nuclear fuel and high-level radioactive in accordance with this Act for the location of opment of each component of the integrated waste in accordance with title II of this Act. a repository. management system, and in so doing shall seek ‘‘(17) INTERIM STORAGE FACILITY SITE.—The ‘‘SEC. 3. FINDINGS AND PURPOSES. to utilize effective private sector management term ‘interim storage facility site’ means the spe- ‘‘(a) FINDINGS.—The Congress finds that— and contracting practices. October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9673 ‘‘TITLE II—INTEGRATED MANAGEMENT the Commission regarding intermodal transfer tions occurring during the removal and trans- SYSTEM and to facilitate on-site representation. Reason- portation of spent nuclear fuel and high-level ‘‘SEC. 201. INTERMODAL TRANSFER. able expenses of such representation shall be radioactive waste; ‘‘(II) instruction of public safety officers in ‘‘(a) TRANSPORTATION.—The Secretary shall paid by the Secretary. utilize heavy-haul truck transport to move spent ‘‘SEC. 202. TRANSPORTATION PLANNING. procedures for the command and control of the nuclear fuel and high-level radioactive waste ‘‘(a) TRANSPORTATION READINESS.—The Sec- response to any incident involving the waste; from the mainline rail line at Caliente, Nevada, retary shall take those actions that are nec- and ‘‘(III) instruction of radiological protection to the interim storage facility site. If direct rail essary and appropriate to ensure that the Sec- and emergency medical personnel in procedures access becomes available to the interim storage retary is able to accept and transport spent nu- for responding to an incident involving spent facility site, the Secretary may use rail trans- clear fuel and high-level radioactive waste be- nuclear fuel or high-level radioactive waste portation to meet the requirements of this title. ginning not later than January 31, 2002. As soon being transported. ‘‘(b) CAPABILITY DATE.—The Secretary shall as is practicable following the enactment of this ‘‘(3) GRANTS.—To implement this subsection, develop the capability to commence rail to truck Act, the Secretary shall analyze each specific re- grants shall be made under section 401(c). intermodal transfer at Caliente, Nevada, no actor facility in the order of priority established ‘‘(4) MINIMIZING DUPLICATION OF EFFORT AND later than January 31, 2002. in the acceptance schedule, and develop a logistical plan to assure the Secretary’s ability EXPENSES.—The Secretaries of Transportation, ‘‘(c) ACQUISITIONS.—The Secretary shall ac- Labor, and Energy, Directors of the Federal quire lands and rights-of-way necessary to com- to transport spent nuclear fuel and high-level radioactive waste. Emergency Management Agency and National mence intermodal transfer at Caliente, Nevada. Institute of Environmental Health Sciences, the ‘‘(d) REPLACEMENTS.—The Secretary shall ac- ‘‘(b) TRANSPORTATION PLANNING.—In conjunc- Nuclear Regulatory Commission, and Adminis- quire and develop on behalf of, and dedicate to, tion with the development of the logistical plan trator of the Environmental Protection Agency the City of Caliente, Nevada, parcels of land in accordance with subsection (a), the Secretary shall review periodically, with the head of each and rights-of-way as required to facilitate re- shall update and modify, as necessary, the Sec- department, agency, or instrumentality of the placement of land and city wastewater disposal retary’s transportation institutional plans to en- Government, all emergency response and pre- activities necessary to commence intermodal sure that institutional issues are addressed and paredness training programs of that department, transfer pursuant to this Act. Replacement of resolved on a schedule to support the commence- agency, or instrumentality to minimize duplica- land and city wastewater disposal activities ment of transportation of spent nuclear fuel and tion of effort and expense of the department, shall occur no later than January 31, 2002. high-level radioactive waste to the interim stor- agency, or instrumentality in carrying out the ‘‘(e) NOTICE AND MAP.—Within 6 months of age facility no later than January 31, 2002. programs and shall take necessary action to the date of enactment of this Act, the Secretary Among other things, such planning shall pro- minimize duplication. shall— vide a schedule and process for addressing and ‘‘(d) USE OF PRIVATE CARRIERS.—The Sec- ‘‘(1) publish in the Federal Register a notice implementing, as necessary, transportation rout- ing plans, transportation contracting plans, retary, in providing for the transportation of containing a legal description of the sites and spent nuclear fuel and high-level radioactive rights-of-way to be acquired under this section; transportation training in accordance with sec- tion 203, and transportation tracking programs. waste under this Act, shall by contract use pri- and vate industry to the fullest extent possible in ‘‘(2) file copies of a map of such sites and ‘‘SEC. 203. TRANSPORTATION REQUIREMENTS. each aspect of such transportation. The Sec- rights-of-way with the Congress, the Secretary ‘‘(a) PACKAGE CERTIFICATION.—No spent nu- retary shall use direct Federal services for such of the Interior, the State of Nevada, the Archi- clear fuel or high-level radioactive waste may be transportation only upon a determination by vist of the United States, the Board of Lincoln transported by or for the Secretary under this the Secretary of Transportation, in consultation County Commissioners, the Board of Nye Coun- Act except in packages that have been certified with the Secretary, that private industry is un- ty Commissioners, and the Caliente City Coun- for such purposes by the Commission. able or unwilling to provide such transportation cil. ‘‘(b) STATE NOTIFICATION.—The Secretary shall abide by regulations of the Commission re- services at a reasonable cost. Such map and legal description shall have the ‘‘(e) TRANSFER OF TITLE.—Acceptance by the same force and effect as if they were included in garding advance notification of State and local governments prior to transportation of spent nu- Secretary of any spent nuclear fuel or high-level this Act. The Secretary may correct clerical and radioactive waste shall constitute a transfer of typographical errors in legal descriptions and clear fuel or high-level radioactive waste under this Act. title to the Secretary. make minor adjustments in the boundaries. ‘‘(f) EMPLOYEE PROTECTION.—Any person en- ‘‘(c) TECHNICAL ASSISTANCE.— ‘‘(f) IMPROVEMENTS.—The Secretary shall ‘‘(1) IN GENERAL.—The Secretary shall provide gaged in the interstate commerce of spent nu- make improvements to existing roadways se- technical assistance and funds to States, af- clear fuel or high-level radioactive waste under lected for heavy-haul truck transport between fected units of local government, and Indian contract to the Secretary pursuant to this Act Caliente, Nevada, and the interim storage facil- tribes through whose jurisdiction the Secretary shall be subject to and comply fully with the em- ity site as necessary to facilitate year-round safe plans to transport substantial amounts of spent ployee protection provisions of section 20109 of transport of spent nuclear fuel and high-level nuclear fuel or high-level radioactive waste for title 49, United States Code (in the case of em- radioactive waste. training for public safety officials of appro- ployees of railroad carriers), and section 31105 ‘‘(g) HEAVY-HAUL TRANSPORTATION ROUTE.— priate units of local government. Training shall of title 49, United States Code (in the case of em- ‘‘(1) DESIGNATION OF ROUTE.—The route for cover procedures required for safe routine trans- ployees operating commercial motor vehicles), or the heavy-haul truck transport of spent nuclear portation of these materials, as well as proce- the Commission (in the case of all other employ- fuel and high-level radioactive waste shall be as dures for dealing with emergency response situ- ees). designated in the map dated July 21, 1997 (re- ations. The Secretary’s duty to provide tech- ‘‘(g) TRAINING STANDARD.— ferred to as ‘Heavy-Haul Route’) and on file ‘‘(1) REGULATION.—No later than 12 months nical and financial assistance under this sub- with the Secretary. after the date of enactment of this Act, the Sec- section shall be limited to amounts specified in ‘‘(2) TRUCK TRANSPORTATION.—The Secretary, retary of Transportation, pursuant to authority annual appropriations. in consultation with the State of Nevada and under other provisions of law, in consultation ‘‘(2) EMPLOYEE ORGANIZATIONS.— appropriate counties and local jurisdictions, ‘‘(A) IN GENERAL.—The Secretary shall pro- with the Secretary of Labor and the Commis- shall establish reasonable terms and conditions vide technical assistance and funds for training sion, shall promulgate a regulation establishing pursuant to which the Secretary may utilize directly to nonprofit employee organizations training standards applicable to workers di- heavy-haul truck transport to move spent nu- and joint labor-management organizations that rectly involved in the removal and transpor- clear fuel and high-level radioactive waste from demonstrate experience in implementing and op- tation of spent nuclear fuel and high-level ra- Caliente, Nevada, to the interim storage facility erating worker health and safety training and dioactive waste. The regulation shall specify site. education programs and demonstrate the ability minimum training standards applicable to work- ‘‘(3) IMPROVEMENTS AND MAINTENANCE.—Not- to reach and involve in training programs target ers, including managerial personnel. The regu- withstanding any other law— populations of workers who are or will be di- lation shall require that the employer possess ‘‘(A) the Secretary shall be responsible for any rectly engaged in the transportation of spent evidence of satisfaction of the applicable train- incremental costs related to improving or up- nuclear fuel and high-level radioactive waste or ing standard before any individual may be em- grading Federal, State, and local roads within emergency response or post-emergency response ployed in the removal and transportation of the heavy-haul transportation route utilized, with respect to such transportation. spent nuclear fuel and high-level radioactive and performing any maintenance activities on ‘‘(B) TRAINING.—Training under this para- waste. such roads, as necessary, to facilitate year- graph— ‘‘(2) SECRETARY OF TRANSPORTATION.—If the round safe transport of spent nuclear fuel and ‘‘(i) shall cover procedures required for safe Secretary of Transportation determines, in pro- high-level radioactive waste; and routine transportation of materials and proce- mulgating the regulation required by paragraph ‘‘(B) any such improvement, upgrading, or dures for dealing with emergency response situ- (1), that regulations promulgated by the Com- maintenance activity shall be funded solely by ations; mission establish adequate training standards appropriations made pursuant to sections 401 ‘‘(ii) shall be consistent with any training for workers, then the Secretary of Transpor- and 403 of this Act. standards established by the Secretary of Trans- tation can refrain from promulgating additional ‘‘(h) LOCAL GOVERNMENT INVOLVEMENT.—The portation; and regulations with respect to worker training in Commission shall enter into a Memorandum of ‘‘(iii) shall include— such activities. The Secretary of Transportation Understanding with the City of Caliente and ‘‘(I) a training program applicable to persons and the Commission shall use their Memoran- Lincoln County, Nevada, to provide advice to responsible for responding to emergency situa- dum of Understanding to ensure coordination of H9674 CONGRESSIONAL RECORD — HOUSE October 29, 1997 worker training standards and to avoid duplica- cense application except that the Commission the provisions of this Act, shall provide suffi- tive regulation. shall issue an order suspending such construc- cient and independent grounds for any further ‘‘(3) TRAINING STANDARDS CONTENT.—The tion at any time if the Commission determines findings by the Commission of reasonable assur- training standards required to be promulgated that such construction poses an unreasonable ance that spent nuclear fuel and high-level ra- under paragraph (1) shall, among other things risk to public health and safety or the environ- dioactive waste will be disposed of safely and on deemed necessary and appropriate by the Sec- ment. The Commission shall terminate all or a timely basis for purposes of the Commission’s retary of Transportation, include the following part of such order upon a determination that decision to grant or amend any license to oper- provisions— the Secretary has taken appropriate action to ate any civilian nuclear power reactor under the ‘‘(A) a specified minimum number of hours of eliminate such risk. Atomic Energy Act of 1954 (42 U.S.C. 2011 et initial off site instruction and actual field expe- ‘‘(2) FACILITY USE.—Notwithstanding any oth- seq.). rience under the direct supervision of a trained, erwise applicable licensing requirement, the Sec- ‘‘(h) SAVINGS CLAUSE.—Nothing in this Act experienced supervisor; retary may utilize any facility owned by the shall affect the Commission’s procedures for the ‘‘(B) a requirement that onsite managerial Federal Government on the date of enactment of licensing of any technology for the dry storage personnel receive the same training as workers, this Act and within the boundaries of the in- of spent nuclear fuel at the site of any civilian and a minimum number of additional hours of terim storage facility site, in connection with an nuclear power reactor as adopted by the Com- specialized training pertinent to their manage- imminent and substantial endangerment to pub- mission under section 218 of the Nuclear Waste rial responsibilities; and lic health and safety at the interim storage fa- Policy Act of 1982, as in effect prior to the date ‘‘(C) a training program applicable to persons cility prior to commencement of operations dur- of the enactment of this Act. The establishment responsible for responding to and cleaning up ing the second phase. of such procedures shall not preclude the licens- emergency situations occurring during the re- ‘‘(e) NATIONAL ENVIRONMENTAL POLICY ACT ing, under any applicable procedures or rules of moval and transportation of spent nuclear fuel OF 1969.— the Commission in effect prior to such establish- and high-level radioactive waste. ‘‘(1) PRELIMINARY DECISIONMAKING ACTIVI- ment, of any technology for the storage of civil- ‘‘(4) AUTHORIZATION.—There is authorized to TIES.—The Secretary’s activities under this sec- ian spent nuclear fuel at the site of any civilian be appropriated to the Secretary of Transpor- tion, including the selection of a site for the in- nuclear power reactor. terim storage facility, the preparation and sub- tation, from general revenues, such sums as may ‘‘SEC. 205. PERMANENT DISPOSAL. be necessary to perform his duties under this mittal of any license application, and the con- ‘‘(a) SITE CHARACTERIZATION.— subsection. struction and operation of any facility shall be ‘‘(1) GUIDELINES.—The guidelines promulgated ‘‘SEC. 204. INTERIM STORAGE. considered preliminary decisionmaking activities for purposes of the National Environmental Pol- by the Secretary and published at 10 CFR part ‘‘(a) AUTHORIZATION.—The Secretary shall de- icy Act of 1969 (42 U.S.C. 4321 et seq.). No such 960 are annulled and revoked and the Secretary sign, construct, and operate a facility for the in- shall make no assumptions or conclusions about terim storage of spent nuclear fuel and high- activity shall require the preparation of an envi- ronmental impact statement under section the licensability of the Yucca Mountain site as level radioactive waste at the interim storage fa- a repository by reference to such guidelines. cility site. The interim storage facility shall be 102(2)(C) of the National Environmental Policy ‘‘(2) SITE CHARACTERIZATION ACTIVITIES.—The subject to licensing pursuant to the Atomic En- Act of 1969 (42 U.S.C. 4332(2)(C)) or require any environmental review under subparagraph (E) Secretary shall carry out appropriate site char- ergy Act of 1954 (42 U.S.C. 2011 et seq.) in ac- acterization activities at the Yucca Mountain cordance with the Commission’s regulations gov- or (F) of such Act. ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— site in accordance with the Secretary’s program erning the licensing of independent spent fuel ‘‘(A) FINAL DECISION.—A final decision of the approach to site characterization if the Sec- storage installations and shall commence oper- Commission to grant or deny a license applica- retary modifies or eliminates those site charac- ation in phases by January 31, 2002. The interim tion for the first or second phase of the interim terization activities designed to demonstrate the storage facility shall store spent nuclear fuel storage facility shall be accompanied by an En- suitability of the site under the guidelines ref- and high-level radioactive waste until the Sec- vironmental Impact Statement prepared under erenced in paragraph (1). retary is able to transfer such fuel and waste to section 102(2)(C) of the National Environmental ‘‘(3) DATE.—No later than December 31, 2002, the repository. Policy Act of 1969 (42 U.S.C. 4332(2)(C)). In pre- the Secretary shall apply to the Commission for ‘‘(b) DESIGN.—The design of the interim stor- paring such Environmental Impact Statement, authorization to construct a repository that will age facility shall provide for the use of storage the Commission— commence operations no later than January 17, technologies licensed or certified by the Commis- ‘‘(i) shall assume that 40,000 MTU will be 2010. If, at any time prior to the filing of such sion for use at the interim storage facility as stored at the facility; and application, the Secretary determines that the necessary to ensure compatibility between the ‘‘(ii) shall analyze the impacts of the trans- Yucca Mountain site cannot satisfy the Commis- interim storage facility and contract holders’ portation of spent nuclear fuel and high-level sion’s regulations applicable to the licensing of spent nuclear fuel and facilities, and to facili- radioactive waste to the interim storage facility a geologic repository, the Secretary shall termi- tate the Secretary’s ability to meet the Sec- in a generic manner. nate site characterization activities at the site, retary’s obligations under this Act. ‘‘(B) CONSIDERATIONS.—Such Environmental notify Congress and the State of Nevada of the ‘‘(c) LICENSING.— Impact Statement shall not consider— Secretary’s determination and the reasons there- ‘‘(1) PHASES.—The interim storage facility ‘‘(i) the need for the interim storage facility, for, and recommend to Congress not later than shall be licensed by the Commission in two including any individual component thereof; 6 months after such determination further ac- phases in order to commence operations no later ‘‘(ii) the time of the initial availability of the tions, including the enactment of legislation, than January 31, 2002. interim storage facility; that may be needed to manage the Nation’s ‘‘(2) FIRST PHASE.—No later than 12 months ‘‘(iii) any alternatives to the storage of spent spent nuclear fuel and high-level radioactive after the date of enactment of this Act, the Sec- nuclear fuel and high-level radioactive waste at waste. retary shall submit to the Commission an appli- the interim storage facility; ‘‘(4) MAXIMIZING CAPACITY.—In developing an cation for a license for the first phase of the in- ‘‘(iv) any alternatives to the site of the facility application for authorization to construct the terim storage facility. The license issued for the as designated by the Secretary in accordance repository, the Secretary shall seek to maximize first phase of the interim storage facility shall with subsection (a); the capacity of the repository. have a term of 20 years. The interim storage fa- ‘‘(v) any alternatives to the design criteria for cility licensed in the first phase shall have a ca- such facility or any individual component there- ‘‘(b) LICENSING.—Within one year of the date pacity of not more than 10,000 MTU. The Com- of, as specified by the Secretary in the license of enactment of this Act, the Commission shall mission shall issue a final decision granting or application; or amend its regulations governing the disposal of denying the application for the first phase li- ‘‘(vi) the environmental impacts of the storage spent nuclear fuel and high-level radioactive cense no later than 36 months from the date of of spent nuclear fuel and high-level radioactive waste in geologic repositories to the extent nec- the submittal of the application for such license. waste at the interim storage facility beyond the essary to comply with this Act. Subject to sub- ‘‘(3) SECOND PHASE.—The Secretary shall sub- initial term of the license or the term of the re- section (c), such regulations shall provide for mit to the Commission an application for a li- newal period for which a license renewal appli- the licensing of the repository according to the cense for the second phase interim storage facil- cation is made. following procedures: ity. The license for the second phase facility ‘‘(f) JUDICIAL REVIEW.—Judicial review of the ‘‘(1) CONSTRUCTION AUTHORIZATION.—The shall authorize a storage capacity of 40,000 Commission’s environmental impact statement Commission shall grant the Secretary a con- MTU. The license for the second phase shall under the National Environmental Policy Act of struction authorization for the repository upon have an initial term of up to 100 years, and 1969 (42 U.S.C. 4321 et seq.) shall be consolidated determining that there is reasonable assurance shall be renewable for additional terms upon ap- with judicial review of the Commission’s licens- that spent nuclear fuel and high-level radio- plication of the Secretary. ing decision. No court shall have jurisdiction to active waste can be disposed of in the reposi- ‘‘(d) ADDITIONAL AUTHORITY.— enjoin the construction or operation of the in- tory— ‘‘(1) CONSTRUCTION.—For the purpose of com- terim storage facility prior to its final decision ‘‘(A) in conformity with the Secretary’s appli- plying with subsection (a), the Secretary may on review of the Commission’s licensing action. cation, the provisions of this Act, and the regu- commence site preparation for the interim stor- ‘‘(g) WASTE CONFIDENCE.—The Secretary’s ob- lations of the Commission; age facility as soon as practicable after the date ligation to construct and operate the interim ‘‘(B) with adequate protection of the health of enactment of this Act and shall commence storage facility in accordance with this section and safety of the public; and construction of the first phase of the interim and the Secretary’s obligation to develop an in- ‘‘(C) consistent with the common defense and storage facility subsequent to submittal of the li- tegrated management system in accordance with security. October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9675

‘‘(2) LICENSE.—Following substantial comple- Environmental Protection Agency, determines sion repository licensing regulations prior to its tion of construction and the filing of any addi- by rule that such standard would not provide final decision on review of such regulations. tional information needed to complete the li- for adequate protection of the health and safety ‘‘SEC. 206. LAND WITHDRAWAL. cense application, the Commission shall issue a of the public and establishes by rule another ‘‘(a) WITHDRAWAL AND RESERVATION.— license to dispose of spent nuclear fuel and standard which will provide for adequate pro- ‘‘(1) WITHDRAWAL.—Subject to valid existing high-level radioactive waste in the repository if tection of the health and safety of the public. rights, the interim storage facility site and the the Commission determines that the repository Such standard shall constitute an overall system Yucca Mountain site, as described in subsection has been constructed and will operate— performance standard. (b), are withdrawn from all forms of entry, ap- ‘‘(A) in conformity with the Secretary’s appli- ‘‘(B) APPLICATION OF OVERALL SYSTEM PER- propriation, and disposal under the public land cation, the provisions of this Act, and the regu- FORMANCE STANDARD.—The Commission shall laws, including the mineral leasing laws, the lations of the Commission; issue the license if it finds reasonable assurance geothermal leasing laws, the material sale laws, ‘‘(B) with adequate protection of the health that— and the mining laws. and safety of the public; and ‘‘(i) for the first 1,000 years following the com- ‘‘(C) consistent with the common defense and mencement of repository operations, the overall ‘‘(2) JURISDICTION.—Jurisdiction of any land security. system performance standard will be met based within the interim storage facility site and the ‘‘(3) CLOSURE.—After emplacing spent nuclear on a deterministic or probabilistic evaluation of Yucca Mountain site managed by the Secretary fuel and high-level radioactive waste in the re- the overall performance of the disposal system; of the Interior or any other Federal officer is pository and collecting sufficient confirmatory and transferred to the Secretary. data on repository performance to reasonably ‘‘(ii) for the period commencing after the first ‘‘(3) RESERVATION.—The interim storage facil- confirm the basis for repository closure consist- 1,000 years of operation of the repository and ity site and the Yucca Mountain site are re- ent with the Commission’s regulations applica- terminating at 10,000 years after the commence- served for the use of the Secretary for the con- ble to the licensing of a repository, as modified ment of operation of the repository, there is like- struction and operation, respectively, of the in- in accordance with this Act, the Secretary shall ly to be compliance with the overall system per- terim storage facility and the repository and ac- apply to the Commission to amend the license to formance standard based on regulatory insight tivities associated with the purposes of this title. permit permanent closure of the repository. The gained through the use of a probabilistic inte- ‘‘(b) LAND DESCRIPTION.— Commission shall grant such license amendment grated performance model that uses best esti- ‘‘(1) BOUNDARIES.—The boundaries depicted upon finding that there is reasonable assurance mate assumptions, data, and methods. on the map entitled ‘Interim Storage Facility that the repository can be permanently closed— ‘‘(2) HUMAN INTRUSION.—The Commission Site Withdrawal Map,’ dated July 28, 1995, and ‘‘(A) in conformity with the Secretary’s appli- shall assume that, following repository closure, on file with the Secretary, are established as the cation to amend the license, the provisions of the inclusion of engineered barriers and the Sec- boundaries of the interim storage facility site. this Act, and the regulations of the Commission; retary’s post-closure actions at the Yucca ‘‘(2) BOUNDARIES.—The boundaries depicted ‘‘(B) with adequate protection of the health Mountain site, in accordance with subsection on the map entitled ‘Yucca Mountain Site With- and safety of the public; and (b)(3), shall be sufficient to— drawal Map,’ dated July 28, 1995, and on file ‘‘(C) consistent with the common defense and ‘‘(A) prevent any human activity at the site with the Secretary, are established as the security. that poses an unreasonable risk of breaching boundaries of the Yucca Mountain site. ‘‘(4) POST-CLOSURE.—The Secretary shall take the repository’s engineered or geologic barriers; ‘‘(3) NOTICE AND MAPS.—Within 6 months of those actions necessary and appropriate at the and the date of enactment of this Act, the Secretary Yucca Mountain site to prevent any activity at ‘‘(B) prevent any increase in the exposure of shall— the site subsequent to repository closure that individual members of the public to radiation ‘‘(A) publish in the Federal Register a notice poses an unreasonable risk of— beyond allowable limits as specified in para- containing a legal description of the interim ‘‘(A) breaching the repository’s engineered or graph (1). storage facility site; and geologic barriers: or ‘‘(e) NATIONAL ENVIRONMENTAL POLICY ACT.— ‘‘(B) file copies of the maps described in para- ‘‘(B) increasing the exposure of individual ‘‘(1) SUBMISSION OF STATEMENT.—Construc- graph (1), and the legal description of the in- members of the public to radiation beyond the tion and operation of the repository shall be terim storage facility site with the Congress, the release standard established in subsection (d)(1). considered a major Federal action significantly Secretary of the Interior, the Governor of Ne- ‘‘(c) MODIFICATION OF REPOSITORY LICENSING affecting the quality of the human environment vada, and the Archivist of the United States. PROCEDURE.—The Commission’s regulations for purposes of the National Environmental Pol- ‘‘(4) NOTICE AND MAPS.—Concurrent with the shall provide for the modification of the reposi- icy Act of 1969 (42 U.S.C. 4321 et seq.). The Sec- Secretary’s application to the Commission for tory licensing procedure, as appropriate, in the retary shall submit an environmental impact authority to construct the repository, the Sec- event that the Secretary seeks a license to per- statement on the construction and operation of retary shall— mit the emplacement in the repository, on a re- the repository to the Commission with the appli- ‘‘(A) publish in the Federal Register a notice trievable basis, of only that quantity of spent cation for construction authorization. containing a legal description of the Yucca ONSIDERATIONS.—For purposes of com- nuclear fuel or high-level radioactive waste that ‘‘(2) C Mountain site; and is necessary to provide the Secretary with suffi- plying with the requirements of the National ‘‘(B) file copies of the maps described in para- cient confirmatory data on repository perform- Environmental Policy Act of 1969 and this sec- graph (2), and the legal description of the Yucca ance to reasonably confirm the basis for reposi- tion, the Secretary shall not consider in the en- Mountain site with the Congress, the Secretary tory closure consistent with applicable regula- vironmental impact statement the need for the of the Interior, the Governor of Nevada, and the tions. repository, alternative sites for the repository, Archivist of the United States. ‘‘(d) LICENSING STANDARDS.—Notwithstanding the time of the initial availability of the reposi- ‘‘(5) CONSTRUCTION.—The maps and legal de- any other provision of law, the Administrator of tory, or any alternatives to the isolation of scriptions of the interim storage facility site and the Environmental Protection Agency shall not spent nuclear fuel and high-level radioactive the Yucca Mountain site referred to in this sub- promulgate, by rule or otherwise, standards for waste in a repository. section shall have the same force and effect as protection of the public from releases of radio- ‘‘(3) ADOPTION BY COMMISSION.—The Sec- if they were included in this Act. The Secretary active materials or radioactivity from the reposi- retary’s environmental impact statement and may correct clerical and typographical errors in tory and any such standards existing on the any supplements thereto shall, to the extent the maps and legal descriptions and make minor date of enactment of this Act shall not be incor- practicable, be adopted by the Commission in adjustments in the boundaries of the sites. porated in the Commission’s licensing regula- connection with the issuance by the Commission tions. The Commission’s repository licensing de- of a construction authorization under sub- ‘‘SEC. 207. PRIVATE STORAGE FACILITIES. terminations for the protection of the public section (b)(1), a license under subsection (b)(2), ‘‘(a) COMMISSION ACTION.—Upon application shall be based solely on a finding whether the or a license amendment under subsection (b)(3). by one or more private entities for a license for repository can be operated in conformance with To the extent such statement or supplement is an independent spent fuel storage installation the overall system performance standard estab- adopted by the Commission, such adoption shall not located at the site of a civilian nuclear lished in paragraph (1)(A) and applied in ac- be deemed to also satisfy the responsibilities of power reactor, the Commission shall review such cordance with the provisions of paragraph the Commission under the National Environ- license application and issue a license for one or (1)(B). The Commission shall amend its regula- mental Policy Act of 1969, and no further con- more such facilities at the earliest practicable tions in accordance with subsection (b) to incor- sideration shall be required, except that nothing date, to the extent permitted by the applicable porate each of the following licensing stand- in this subsection shall affect any independent provisions of law and regulation. ards: responsibilities of the Commission to protect the ‘‘(b) SECRETARY’S ACTIONS.—The Secretary ‘‘(1) RELEASE STANDARD.— public health and safety under the Atomic En- shall encourage efforts to develop private facili- ‘‘(A) ESTABLISHMENT OF OVERALL SYSTEM PER- ergy Act of 1954 (42 U.S.C. 2011 et seq.). In any ties for the storage of spent nuclear fuel by pro- FORMANCE STANDARD.—The standard for protec- such statement prepared with respect to the re- viding any requested information and assist- tion of the public from release of radioactive ma- pository, the Commission shall not consider the ance, as appropriate, to the developers of such terial or radioactivity from the repository shall need for a repository, the time of initial avail- facilities and to State and local governments prohibit releases that would expose an average ability of the repository, alternate sites to the and Indian tribes within whose jurisdictions member of the general population in the vicinity Yucca Mountain site, or nongeologic alter- such facilities may be located, and shall cooper- of the Yucca Mountain site to an annual dose natives to such site. ate with the developers of such facilities to fa- in excess of 100 millirems unless the Commission, ‘‘(f) JUDICIAL REVIEW.—No court shall have cilitate compatibility between such facilities and in consultation with the Administrator of the jurisdiction to enjoin issuance of the Commis- the integrated management system. H9676 CONGRESSIONAL RECORD — HOUSE October 29, 1997

‘‘(c) OBLIGATION.—The Secretary shall satisfy by an amount equal to 1⁄12 of such annual pay- law, the Secretary of the Interior or the head of the Secretary’s obligations under this Act not- ment under line (A) of the benefit schedule for the other appropriate agency shall convey: withstanding the development of private facili- each full month less than 6 that has not elapsed ‘‘(1) To the County of Nye, Nevada, the fol- ties for the storage of spent nuclear fuel or high- since the last annual payment under line (A) of lowing public lands depicted on the maps dated level radioactive waste. the benefit schedule. October 11, 1995, and on file with the Secretary: ‘‘TITLE III—LOCAL RELATIONS ‘‘(b) CONTENTS.—A benefits agreement under ‘‘Map 1: Proposed Pahrump Industrial Park section 302 shall provide that— Site ‘‘SEC. 301. ON-SITE REPRESENTATIVE. ‘‘(1) the parties to the agreement shall share ‘‘Map 2: Proposed Lathrop Wells (Gate 510) ‘‘The Secretary shall offer to Nye County, Ne- with one another information relevant to the li- Industrial Park Site vada, an opportunity to designate a representa- censing process for the interim storage facility ‘‘Map 3: Pahrump Landfill Sites tive to conduct on-site oversight activities at the or repository, as it becomes available; and ‘‘Map 4: Amargosa Valley Regional Landfill Yucca Mountain site. Reasonable expenses of ‘‘(2) the affected unit of local government that Site such representatives shall be paid by the Sec- is party to such agreement may comment on the ‘‘Map 5: Amargosa Valley Municipal Landfill retary. development of the integrated management sys- Site ‘‘SEC. 302. BENEFITS AGREEMENTS. tem and on documents required under law or ‘‘Map 6: Beatty Landfill/Transfer station Site ‘‘(a) IN GENERAL.— regulations governing the effects of the system ‘‘Map 7: Round Mountain Landfill Site ‘‘(1) SEPARATE AGREEMENTS.—The Secretary on the public health and safety. ‘‘Map 8: Tonopah Landfill Site shall offer to enter into separate agreements ‘‘(c) CONSTRUCTION.—The signature of the ‘‘Map 9: Gabbs Landfill Site. with Nye County, Nevada, and Lincoln County, Secretary on a valid benefits agreement under ‘‘(2) To the County of Lincoln, Nevada, the Nevada, concerning the integrated management section 302 shall constitute a commitment by the following public lands depicted on the maps system. United States to make payments in accordance dated October 11, 1995, and on file with the ‘‘(2) AGREEMENT CONTENT.—Any agreement with such agreement. Secretary: shall contain such terms and conditions, includ- ‘‘SEC. 304. ACCEPTANCE OF BENEFITS. ‘‘Map 2: Lincoln County, Parcel M, Indus- ing such financial and institutional arrange- ‘‘(a) CONSENT.—The acceptance or use of any trial Park Site, Jointly with the City of ments, as the Secretary and agreement entity of the benefits provided under this title by any Caliente determine to be reasonable and appropriate and affected unit of local government shall not be ‘‘Map 3: Lincoln County, Parcels F and G, shall contain such provisions as are necessary deemed to be an expression of consent, express, Mixed Use, Industrial Sites to preserve any right to participation or com- or denied, either under the Constitution of the ‘‘Map 4: Lincoln County, Parcels H and I, pensation of Nye County, Nevada, and Lincoln State of Nevada or any law thereof, to the siting Mixed Use and Airport Expansion Sites County, Nevada. of the interim storage facility or repository in ‘‘Map 5: Lincoln County, Parcels J and K, ‘‘(b) AMENDMENT.—An agreement entered into the State of Nevada, any provision of such Con- Mixed Use, Airport and Landfill Expansion under subsection (a) may be amended only with stitution or laws to the contrary notwithstand- Sites the mutual consent of the parties to the amend- ing. ‘‘Map 6: Lincoln County, Parcels E and L, ment and terminated only in accordance with ‘‘(b) ARGUMENTS.—Neither the United States Mixed Use, Airport and Industrial Expansion subsection (c). nor any other entity may assert any argument Sites. ‘‘(c) TERMINATION.—The Secretary shall ter- based on legal or equitable estoppel, or acquies- ‘‘(3) To the City of Caliente, Nevada, the minate an agreement under subsection (a) if any cence, or waiver, or consensual involvement, in following public lands depicted on the maps element of the integrated management system response to any decision by the State of Nevada, dated October 11, 1995, and on file with the may not be completed. to oppose the siting in Nevada of the interim Secretary: ‘‘(d) LIMITATION.—Only 1 agreement each for storage facility or repository premised upon or ‘‘Map 1: City of Caliente, Parcels A, B, C Nye County, Nevada, and Lincoln County, Ne- related to the acceptance or use of benefits and D, Community Growth, Landfill Expan- vada, may be in effect at any one time. under this title. sion and Community Recreation Sites ‘‘(e) JUDICIAL REVIEW.—Decisions of the Sec- ‘‘(c) LIABILITY.—No liability of any nature ‘‘Map 2: City of Caliente, Parcel M, Indus- retary under this section are not subject to judi- shall accrue to be asserted against the State of trial Park Site, jointly with Lincoln County. cial review. Nevada, its Governor, any official thereof, or ‘‘(c) NATIONAL ENVIRONMENTAL POLICY ACT ‘‘SEC. 303. CONTENT OF AGREEMENTS. any official of any governmental unit thereof, OF 1969.—The activities of the Secretary and ‘‘(a) IN GENERAL.— premised solely upon the acceptance or use of the head of any other Federal agency in con- ‘‘(1) SCHEDULE.—The Secretary, subject to ap- benefits under this title. nection with subsections (a) and (b) shall be propriations, shall make payments to the party ‘‘SEC. 305. RESTRICTION ON USE OF FUNDS. considered preliminary decision making ac- of a benefits agreement under section 302(a) in ‘‘None of the funding provided under section tivities. No such activity shall require the accordance with the following schedule: 303 may be used— preparation of an environmental impact ‘‘BENEFITS SCHEDULE ‘‘(1) directly or indirectly to influence legisla- statement under section 102(2)(C) of the Na- [Amounts in millions] tive action on any matter pending before Con- tional Environmental Policy Act of 1969 (42 gress or a State legislature or for any lobbying U.S.C. 4332(2)(C)) or any environmental re- Event County activity as provided in section 1913 of title 18, view under subparagraph (E) or (F) of section United States Code; 102(2) of such Act. (A) Annual payments prior to first re- ‘‘(2) for litigation purposes; and ‘‘SEC. 307. PAYMENTS EQUAL TO TAXES. ceipt of fuel ...... $2.5 ‘‘(3) to support multistate efforts or other coa- ‘‘(a) TAXABLE AMOUNTS.—In addition to fi- (B) Upon first spent fuel receipt ...... $5 lition-building activities inconsistent with the nancial assistance provided under this title, (C) Annual payments after first spent purposes of this Act. the Secretary is authorized to grant to any fuel receipt until closure of facility $5 ‘‘SEC. 306. INITIAL LAND CONVEYANCES. affected Indian tribe or affected unit of local ‘‘(a) CONVEYANCE OF PUBLIC LANDS.—Within government an amount each fiscal year 120 days after October 1, 1998, the Secretary of equal to the amount such affected Indian ‘‘(2) DEFINITIONS.—For purposes of this sec- the Interior, or other agency with jurisdiction tribe or affected unit of local government, tion, the term— over the public lands described in subsection (b), respectively, would receive if authorized to ‘‘(A) ‘spent fuel’ means high-level radioactive shall convey the public lands described in sub- tax integrated management system activi- waste or spent nuclear fuel; and section (b) to the appropriate county, unless the ties, as such affected Indian tribe or affected ‘‘(B) ‘first spent fuel receipt’ does not include county notifies the Secretary of the Interior or unit of local government taxes the non-Fed- receipt of spent fuel or high-level radioactive the head of such other appropriate agency in eral real property and industrial activities waste for purposes of testing or operational writing within 60 days of such date of enact- occurring within such affected unit of local demonstration. ment that it elects not to take title to all or any government. ‘‘(3) ANNUAL PAYMENTS.—Annual payments part of the property, except that any lands con- ‘‘(b) TERMINATION.—Such grants shall con- prior to first spent fuel receipt under line (A) of veyed to the County of Nye, County of Lincoln, tinue until such time as all such activities, the benefit schedule shall be made on the date or the City of Caliente under this subsection development, and operations are terminated of execution of the benefits agreement and that are subject to a Federal grazing permit or at such site. thereafter on the anniversary date of such exe- a similar federally granted privilege shall be ‘‘(c) ASSISTANCE TO INDIAN TRIBES AND cution. Annual payments after the first spent conveyed between 60 and 120 days of the earliest UNITS OF LOCAL GOVERNMENT.— fuel receipt until closure of the facility under time the Federal agency administering or grant- ‘‘(1) PERIOD.—Any affected Indian tribe or line (C) of the benefit schedule shall be made on ing the privilege would be able to legally termi- affected unit of local government may not the anniversary date of such first spent fuel re- nate such privilege under the statutes and regu- receive any grant under subsection (a) after ceipt. lations existing on October 1, 1998, unless the the expiration of the 1-year period following ‘‘(4) REDUCTION.—If the first spent fuel pay- Federal agency, county or city, and the affected the date on which the Secretary notifies the ment under line (B) is made within 6 months holder of the privilege negotiate an agreement affected Indian tribe or affected unit of local after the last annual payment prior to the re- that allows for an earlier conveyance, but in no government of the termination of the oper- ceipt of spent fuel under line (A) of the benefit case to occur earlier than October 1, 1998. ation of the integrated management system. schedule, such first spent fuel payment under ‘‘(b) SPECIAL CONVEYANCES.—Subject to valid ‘‘(2) ACTIVITIES.—Any affected Indian tribe line (B) of the benefit schedule shall be reduced existing rights and notwithstanding any other or affected unit of local government may not October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9677 receive any further assistance under this sec- fuel, which fuel was used to generate elec- ‘‘(C) all interest paid on amounts invested tion if the integrated management system tricity in a civilian nuclear power reactor by the Secretary of the Treasury under para- activities at such site are terminated by the before April 7, 1983, shall be paid to the Nu- graph (3)(B); and Secretary or if such activities are perma- clear Waste Fund. The Secretary shall col- ‘‘(D) the one-time fees collected pursuant nently enjoined by any court. lect all such fees before the expiration of fis- to subsection (a)(3). ‘‘TITLE IV—FUNDING AND ORGANIZATION cal year 2002. The Commission shall suspend ‘‘(2) USE.—The Nuclear Waste Fund shall ‘‘SEC. 401. PROGRAM FUNDING. the license of any licensee who fails or re- be used only for purposes of the integrated ‘‘(a) CONTRACTS.— fuses to pay the full amount of the fee re- management system. ‘‘(1) AUTHORITY OF SECRETARY.—In the per- ferred to in this paragraph and the license ‘‘(3) ADMINISTRATION OF NUCLEAR WASTE formance of the Secretary’s functions under shall remain suspended until the full amount FUND.— this Act, the Secretary is authorized to enter of the fee referred to in this paragraph is ‘‘(A) IN GENERAL.—The Secretary of the into contracts with any person who gen- paid. In paying such a fee, the person deliver- Treasury shall hold the Nuclear Waste Fund erates or holds title to spent nuclear fuel or ing such spent nuclear fuel or high-level ra- and, after consultation with the Secretary, high-level radioactive waste of domestic ori- dioactive wastes, to the Secretary shall have annually report to the Congress on the finan- gin for the acceptance of title and posses- no further financial obligation under this cial condition and operations of the Nuclear sion, transportation, interim storage, and paragraph to the Federal Government for the Waste Fund during the preceding fiscal year. disposal of such spent fuel or waste upon the long-term storage and permanent disposal of ‘‘(B) AMOUNTS IN EXCESS OF CURRENT payment of fees in accordance with para- such spent nuclear fuel or high-level radio- NEEDS.—If the Secretary determines that the graphs (2) and (3). Except as provided in active waste. Nuclear Waste Fund contains at any time ‘‘(b) ADVANCE CONTRACTING REQUIRE- paragraph (3), fees assessed pursuant to this amounts in excess of current needs, the Sec- MENT.— paragraph shall be paid to the Treasury of retary may request the Secretary of the ‘‘(1) IN GENERAL.— the United States and shall be available for Treasury to invest such amounts, or any por- ‘‘(A) LICENSE ISSUANCE AND RENEWAL.—The use by the Secretary pursuant to this section tion of such amounts as the Secretary deter- Commission shall not issue or renew a li- until expended. mines to be appropriate, in obligations of the cense to any person to use a utilization or ‘‘(2) ANNUAL FEES.— United States— production facility under the authority of ‘‘(A) ELECTRICITY.— ‘‘(i) having maturities determined by the section 103 or 104 of the Atomic Energy Act ‘‘(i) IN GENERAL.—Under a contract entered Secretary of the Treasury to be appropriate of 1954 (42 U.S.C. 2133, 2134) unless— into under paragraph (1) there shall be a fee to the needs of the Nuclear Waste Fund; and ‘‘(i) such person has entered into a con- for electricity generated by civilian nuclear ‘‘(ii) bearing interest at rates determined tract under subsection (a) with the Sec- power reactors and sold on or after the date to be appropriate by the Secretary of the retary; or of enactment of this Act. The aggregate Treasury, taking into consideration the cur- ‘‘(ii) the Secretary affirms in writing that amount of such fees collected during each rent average market yield on outstanding such person is actively and in good faith ne- fiscal year shall be no greater than the an- marketable obligations of the United States gotiating with the Secretary for a contract nual level of appropriations for expenditures with remaining periods to maturity com- under subsection (a). on the integrated management system for parable to the maturities of such invest- ‘‘(B) PRECONDITION.—The Commission, as it that fiscal year, minus— ments, except that the interest rate on such deems necessary or appropriate, may require ‘‘(I) any unobligated balance of fees col- as a precondition to the issuance or renewal investments shall not exceed the average in- lected during the previous fiscal year; and of a license under section 103 or 104 of the terest rate applicable to existing borrowings. ‘‘(II) such appropriations required to be Atomic Energy Act of 1954 (42 U.S.C. 2133, ‘‘(C) EXEMPTION.—Receipts, proceeds, and funded by the Federal Government pursuant 2134) that the applicant for such license shall recoveries realized by the Secretary under to section 403. have entered into an agreement with the this section, and expenditures of amounts ‘‘(ii) FEE LEVEL.—The Secretary shall de- Secretary for the disposal of spent nuclear from the Nuclear Waste Fund, shall be ex- termine the level of the annual fee for each fuel and high-level radioactive waste that empt from annual apportionment under the civilian nuclear power reactor based on the may result from the use of such license. provisions of subchapter II of chapter 15 of amount of electricity generated and sold, ex- ‘‘(2) DISPOSAL IN REPOSITORY.—Except as title 31, United States Code. cept that for the period commencing with ‘‘(d) USE OF APPROPRIATED FUNDS.—During provided in paragraph (1), no spent nuclear fiscal year 1999 and continuing through the each fiscal year, the Secretary may make ex- fuel or high-level radioactive waste gen- fiscal year in which disposal at the reposi- penditures of funds collected after the date erated or owned by any person (other than a tory commences— of enactment of this Act under this section department of the United States referred to ‘‘(I) the average annual fee collected under and section 403, up to the level of appropria- this subparagraph shall not exceed 1.0 mill in section 101 or 102 of title 5, United States tions for that fiscal year pursuant to sub- per-kilowatt hour generated and sold; and Code) may be disposed of by the Secretary in section (f) only for purposes of the integrated ‘‘(II) the fee in any fiscal year in such pe- the repository unless the generator or owner management system. riod shall not exceed 1.5 mill per kilowatt of such spent fuel or waste has entered into ‘‘(e) PROHIBITION ON USE OF APPROPRIA- hour generated and sold. a contract under subsection (a) with the Sec- TIONS AND NUCLEAR WASTE FUND.—The Sec- retary by not later than the date on which Thereafter, the annual fee collected under retary shall not make expenditures of funds such generator or owner commences genera- collected pursuant to this section or section this subparagraph shall not exceed 1.0 mill tion of, or takes title to, such spent fuel or 403 to design or construct packages for the per-kilowatt hour generated and sold. Fees waste. transportation, storage, or disposal of spent assessed pursuant to this subparagraph shall ‘‘(3) ASSIGNMENT.—The rights and duties of nuclear fuel from civilian nuclear power re- be paid to the Treasury of the United States a party to a contract entered into under this actors. and shall be available for use by the Sec- section may be assignable with transfer of ‘‘(f) APPROPRIATIONS.— retary pursuant to this section until ex- title to the spent nuclear fuel or high-level ‘‘(1) BUDGET.—The Secretary shall submit pended. radioactive waste involved. the budget for implementation of the Sec- ‘‘(B) EXPENDITURES IF SHORTFALL.—If, dur- ‘‘(4) DISPOSAL CONDITION.—No spent nuclear retary’s responsibilities under this Act to ing any fiscal year, the aggregate amount of fuel or high-level radioactive waste gen- the Office of Management and Budget tri- fees assessed pursuant to subparagraph (A) is erated or owned by any department of the ennially along with the budget of the De- less than the annual level of appropriations United States referred to in section 101 or 102 partment of Energy submitted at such time for expenditures on those activities specified of title 5, United States Code, may be stored in accordance with chapter 11 of title 31, in subsection (d) for that fiscal year, minus— or disposed of by the Secretary at the in- United States Code. The budget shall consist ‘‘(i) any unobligated balance collected pur- terim storage facility or repository in the in- of the estimates made by the Secretary of suant to this section during the previous fis- tegrated management system developed expenditures under this Act and other rel- cal year, and under this Act unless, in each fiscal year, evant financial matters for the succeeding 3 ‘‘(ii) such appropriations required to be such department funds its appropriate por- fiscal years, and shall be included in the funded by the Federal Government pursuant tion of the costs of such storage and disposal budget of the United States Government. to section 403, as specified in section 403. ‘‘(2) APPROPRIATIONS.—Appropriations the Secretary may make expenditures from ‘‘(c) NUCLEAR WASTE FUND.— shall be subject to triennial authorization. the Nuclear Waste Fund up to the level of ‘‘(1) IN GENERAL.—The Nuclear Waste Fund During each fiscal year, the Secretary may appropriations. established in the Treasury of the United make expenditures, up to the level of appro- ‘‘(C) RULES.—The Secretary shall, by rule, States under section 302(c) of the Nuclear priations, out of the funds collected pursuant establish procedures necessary to implement Waste Policy Act of 1982 shall continue in ef- to this section and section 403, if the Sec- this paragraph. fect under this Act and shall consist of— retary transmits the amounts appropriated ‘‘(3) ONE-TIME FEES.—The one-time fees col- ‘‘(A) all receipts, proceeds, and recoveries for implementation of this Act to the Com- lected under contracts executed under sec- realized by the Secretary before the date of mission and the Nuclear Waste Technical Re- tion 302(a) of the Nuclear Waste Policy Act enactment of this Act; view Board in appropriate proportion to the of 1982 before the date of enactment of this ‘‘(B) any appropriations made by the Con- collection of such funds. Act on spent nuclear fuel, or high-level ra- gress before the date of enactment of this ‘‘(g) EFFECTIVE DATE.—This section shall dioactive waste derived from spent nuclear Act to the Nuclear Waste Fund; take effect October 1, 1998, and section 302 of H9678 CONGRESSIONAL RECORD — HOUSE October 29, 1997 the Nuclear Waste Policy Act of 1982 (42 high-level radioactive waste under the con- ‘‘(D) for review of any environmental im- U.S.C. 10222) shall continue in effect until tracts. pact statement prepared or environmental October 1, 1998. ‘‘(b) APPROPRIATION REQUEST.—In addition assessment made pursuant to the National ‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE to any request for an appropriation from the Environmental Policy Act of 1969 (42 U.S.C. WASTE MANAGEMENT. Nuclear Waste Fund, the Secretary shall re- 4321 et seq.) with respect to any action under ‘‘(a) CONTINUATION OF OFFICE OF CIVILIAN quest annual appropriations from general this Act or alleging a failure to prepare such RADIOACTIVE WASTE MANAGEMENT.—The Of- revenues in amounts sufficient to pay the statement with respect to any such action. fice of Civilian Radioactive Waste Manage- costs of the management of materials de- ‘‘(2) VENUE.—The venue of any proceeding ment established under section 304(a) of the scribed in subsection (a). under this section shall be in the judicial cir- Nuclear Waste Policy Act of 1982 as con- ‘‘(c) REPORT.—In conjunction with the an- cuit in which the petitioner involved resides stituted prior to the date of enactment of nual report submitted to Congress under sec- or has its principal office, or in the United this Act, shall continue in effect subsequent tion 702, the Secretary shall advise the Con- States Court of Appeals for the District of to the date of enactment of this Act. gress annually of the amount of spent nu- Columbia. clear fuel and high-level radioactive waste ‘‘(b) FUNCTIONS OF DIRECTOR.—The Director ‘‘(b) DEADLINE FOR COMMENCING ACTION.—A of the Office shall be responsible for carrying from atomic energy defense activities, and civil action for judicial review described out the functions of the Secretary under this spent nuclear fuel from foreign research re- under subsection (a)(1) may be brought no Act, subject to the general supervision of the actors requiring management in the inte- later than 180 days after the date of the deci- Secretary. The Director of the Office shall be grated management system. sion or action or failure to act involved, as ‘‘(d) AUTHORIZATION.—There is authorized directly responsible to the Secretary. the case may be, except that if a party shows to be appropriated to the Secretary, from ‘‘(c) AUDITS.— that the party did not know of the decision general revenues, for carrying out the pur- ‘‘(1) STANDARD.—The Office of Civilian Ra- or action complained of or of the failure to poses of this Act, such sums as may be nec- dioactive Waste Management, its contrac- act, and that a reasonable person acting essary to pay the costs of the management of tors, and subcontractors at all tiers, shall under the circumstances would not have spent nuclear fuel and high-level radioactive conduct, or have conducted, audits and ex- known of such decision, action, or failure to waste from atomic energy defense activities act, such party may bring a civil action no aminations of their operations in accordance as established under subsection (a). with the usual and customary practices of later than 180 days after the date such party private corporations engaged in large nu- ‘‘TITLE V—GENERAL AND acquired actual or constructive knowledge of clear construction projects consistent with MISCELLANEOUS PROVISIONS such decision, action, or failure to act. its role in the program. ‘‘SEC. 501. COMPLIANCE WITH OTHER LAWS. ‘‘(c) APPLICATION OF OTHER LAW.—The pro- visions of this section relating to any matter ‘‘(2) TIME.—The management practices and ‘‘If the requirements of any law are incon- performances of the Office of Civilian Radio- sistent with or duplicative of the require- shall apply in lieu of the provisions of any other Act relating to the same matter. active Waste Management shall be audited ments of the Atomic Energy Act of 1954 (42 every 5 years by an independent manage- U.S.C. 2011 et seq.) and this Act, the Sec- ‘‘SEC. 504. LICENSING OF FACILITY EXPANSIONS AND TRANSSHIPMENTS. ment consulting firm with significant expe- retary shall comply only with the require- ‘‘(a) ORAL ARGUMENT.—In any Commission rience in similar audits of private corpora- ments of the Atomic Energy Act of 1954 and hearing under section 189 of the Atomic En- tions engaged in large nuclear construction this Act in implementing the integrated ergy Act of 1954 (42 U.S.C. 2239) on an appli- projects. The first such audit shall be con- management system. Any requirement of a State or political subdivision of a State is cation for a license, or for an amendment to ducted 5 years after the date of enactment of an existing license, filed after January 7, this Act. preempted if— ‘‘(1) complying with such requirement and 1983, to expand the spent nuclear fuel storage ‘‘(3) COMPTROLLER GENERAL.—The Comp- a requirement of this Act is impossible; or capacity at the site of a civilian nuclear troller General of the United States shall an- power reactor, through the use of high-den- nually make an audit of the Office, in ac- ‘‘(2) such requirement, as applied or en- forced, is an obstacle to accomplishing or sity fuel storage racks, fuel rod compaction, cordance with such regulations as the Comp- the transshipment of spent nuclear fuel to troller General may prescribe. The Comp- carrying out this Act or a regulation under this Act. another civilian nuclear power reactor with- troller General shall have access to such in the same utility system, the construction books, records, accounts, and other mate- ‘‘SEC. 502. WATER RIGHTS. ‘‘(a) NO FEDERAL RESERVATION.—Nothing of additional spent nuclear fuel pool capac- rials of the Office as the Comptroller General ity or dry storage capacity, or by other determines to be necessary for the prepara- in this Act or any other Act of Congress shall constitute or be construed to con- means, the Commission shall, at the request tion of such audit. The Comptroller General of any party, provide an opportunity for oral shall submit to the Congress a report on the stitute either an express or implied Federal reservation of water or water rights for any argument with respect to any matter which results of each audit conducted under this the Commission determines to be in con- section. purpose arising under this Act. ‘‘(b) ACQUISITION AND EXERCISE OF WATER troversy among the parties. The oral argu- ‘‘(4) TIME.—No audit contemplated by this RIGHTS UNDER NEVADA LAW.—The United ment shall be preceded by such discovery subsection shall take longer than 30 days to States may acquire and exercise such water procedures as the rules of the Commission conduct. An audit report shall be issued in rights as it deems necessary to carry out its shall provide. The Commission shall require final form no longer than 60 days after the responsibilities under this Act pursuant to each party, including the Commission staff, audit is commenced. the substantive and procedural requirements to submit in written form, at the time of the UBLIC DOCUMENTS.—All audit reports ‘‘(5) P of the State of Nevada. Nothing in this Act oral argument, a summary of the facts, data, shall be public documents and available to shall be construed to authorize the use of and arguments upon which such party pro- any individual upon request. eminent domain by the United States to ac- poses to rely that are known at such time to ‘‘SEC. 403. DEFENSE CONTRIBUTION. quire water rights. such party. Only facts and data in the form ‘‘(a) ALLOCATION.—No later than one year ‘‘(c) EXERCISE OF WATER RIGHTS GEN- of sworn testimony or written submission from the date of enactment of this Act, act- ERALLY UNDER NEVADA LAWS.—Nothing in may be relied upon by the parties during oral ing pursuant to section 553 of title 5, United this Act shall be construed to limit the exer- argument. Of the materials that may be sub- States Code, the Secretary shall issue a final cise of water rights as provided under Ne- mitted by the parties during oral argument, rule establishing the appropriate portion of vada State laws. the Commission shall only consider those the costs of managing spent nuclear fuel and ‘‘SEC. 503. JUDICIAL REVIEW OF AGENCY AC- facts and data that are submitted in the high-level radioactive waste under this Act TIONS. form of sworn testimony or written submis- allocable to the interim storage or perma- ‘‘(a) JURISDICTION OF UNITED STATES sion. nent disposal of spent nuclear fuel, high- COURTS OF APPEALS.— ‘‘(b) ADJUDICATORY HEARING.— level radioactive waste from atomic energy ‘‘(1) ORIGINAL AND EXCLUSIVE JURISDIC- ‘‘(1) DESIGNATION.—At the conclusion of defense activities, and spent nuclear fuel TION.—Except for review in the Supreme any oral argument under subsection (a), the from foreign research reactors. The share of Court of the United States, and except as Commission shall designate any disputed costs allocable to the management of spent otherwise provided in this Act, the United question of fact, together with any remain- nuclear fuel, high-level radioactive waste States courts of appeals shall have original ing questions of law, for resolution in an ad- from atomic energy defense activities, and and exclusive jurisdiction over any civil ac- judicatory hearing only if it determines spent nuclear fuel from foreign research re- tion— that— actors shall include— ‘‘(A) for review of any final decision or ac- ‘‘(A) there is a genuine and substantial dis- ‘‘(1) an appropriate portion of the costs as- tion of the Secretary, the President, or the pute of fact which can only be resolved with sociated with research and development ac- Commission under this Act; sufficient accuracy by the introduction of tivities with respect to development of the ‘‘(B) alleging the failure of the Secretary, evidence in an adjudicatory hearing; and interim storage facility and repository; and the President, or the Commission to make ‘‘(B) the decision of the Commission is ‘‘(2) interest on the principal amounts due any decision, or take any action, required likely to depend in whole or in part on the calculated by reference to the appropriate under this Act; resolution of such dispute. Treasury bill rate as if the payments were ‘‘(C) challenging the constitutionality of ‘‘(2) DETERMINATION.—In making a deter- made at a point in time consistent with the any decision made, or action taken, under mination under this subsection, the Commis- payment dates for spent nuclear fuel and any provision of this Act; or sion— October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9679 ‘‘(A) shall designate in writing the specific (as determined by the Commission) will be plant simulators, and instructional require- facts that are in genuine and substantial dis- provided by a licensee to permit completion ments for civilian nuclear powerplant li- pute, the reason why the decision of the of all requirements established by the Com- censee personnel training programs. agency is likely to depend on the resolution mission for the decontamination, decommis- of such facts, and the reason why an adju- sioning, site closure, and reclamation of ‘‘SEC. 508. ACCEPTANCE SCHEDULE. dicatory hearing is likely to resolve the dis- sites, structures, and equipment used in con- ‘‘The acceptance schedule shall be imple- pute; and junction with such low-level radioactive mented in accordance with the following: ‘‘(B) shall not consider— waste. Such financial arrangements shall be ‘‘(1) PRIORITY RANKING.—Acceptance prior- ‘‘(i) any issue relating to the design, con- provided and approved by the Commission, ity ranking shall be determined by the De- struction, or operation of any civilian nu- or, in the case of sites within the boundaries partment’s ‘Acceptance Priority Ranking’ clear power reactor already licensed to oper- of any agreement State under section 274 of report. ate at such site, or any civilian nuclear the Atomic Energy Act of 1954 (42 U.S.C. ‘‘(2) ACCEPTANCE RATE.—Except as provided power reactor to which a construction per- 2021), by the appropriate State or State en- in paragraph (5), the Secretary’s acceptance mit has been granted at such site, unless the tity, prior to issuance of licenses for low- rate for spent nuclear fuel shall be no less Commission determines that any such issue level radioactive waste disposal or, in the than the following: 1,200 MTU in 2002 and substantially affects the design, construc- case of licenses in effect on January 7, 1983, 1,200 MTU in 2003, 2,000 MTU in 2004 and 2,000 tion, or operation of the facility or activity prior to termination of such licenses. MTU in 2005, 2,700 MTU in 2006, and 3,000 for which such license application, author- ‘‘(2) BONDING, SURETY, OR OTHER FINANCIAL MTU thereafter. ization, or amendment is being considered; ARRANGEMENTS.—If the Commission deter- ‘‘(3) OTHER ACCEPTANCES.—In each year, or mines that any long-term maintenance or once the Secretary has achieved the annual ‘‘(ii) any siting or design issue fully consid- monitoring, or both, will be necessary at a acceptance rate for spent nuclear fuel from ered and decided by the Commission in con- site described in paragraph (1), the Commis- civilian nuclear power reactors established nection with the issuance of a construction sion shall ensure before termination of the pursuant to the contracts executed under the permit or operating license for a civilian nu- license involved that the licensee has made Nuclear Waste Policy Act of 1982 (as set clear power reactor at such site, unless— available such bonding, surety, or other fi- ‘‘(I) such issue results from any revision of nancial arrangements as may be necessary forth in the Secretary’s annual capacity re- siting or design criteria by the Commission to ensure that any necessary long-term port dated March 1995 (DOE/RW–0457)), the following such decision; and maintenance or monitoring needed for such Secretary— ‘‘(II) the Commission determines that such site will be carried out by the person having ‘‘(A) shall accept from spent nuclear fuel issue substantially affects the design, con- title and custody for such site following li- from foreign research reactors and spent nu- struction, or operation of the facility or ac- cense termination. clear fuel from naval reactors and high-level tivity for which such license application, au- ‘‘(b) TITLE AND CUSTODY.— radioactive waste from atomic energy de- thorization, or amendment is being consid- ‘‘(1) AUTHORITY OF SECRETARY.—The Sec- fense activities,an amount of spent nuclear ered. retary shall have authority to assume title fuel and high-level radioactive waste which ‘‘(3) APPLICATION.—The provisions of para- and custody of low-level radioactive waste is— graph (2)(B) shall apply only with respect to and the land on which such waste is disposed ‘‘(i) at least 25 percent of the difference be- licenses, authorizations, or amendments to of, upon request of the owner of such waste tween such annual acceptance rate and the licenses or authorizations, applied for under and land and following termination of the li- annual rate specified in paragraph (2), or the Atomic Energy Act of 1954 (42 U.S.C. 2011 cense issued by the Commission for such dis- ‘‘(ii) 5 percent of the total amount of spent et seq.) before December 31, 2005. posal, if the Commission determines that— nuclear fuel and high-level radioactive waste ‘‘(4) CONSTRUCTION.—The provisions of this ‘‘(A) the requirements of the Commission actually accepted, section shall not apply to the first applica- for site closure, decommissioning, and de- whichever is higher. If such amount is less tion for a license or license amendment re- contamination have been met by the licensee than the rate prescribed in the preceding ceived by the Commission to expand onsite involved and that such licensee is in compli- sentence, the Secretary shall accept spent spent fuel storage capacity by the use of a ance with the provisions of subsection (a); nuclear fuel or high-level radioactive waste new technology not previously approved for ‘‘(B) such title and custody will be trans- of domestic origin from civilian nuclear use at any nuclear power plant by the Com- ferred to the Secretary without cost to the power reactors which have permanently mission. Federal Government; and ceased operation; and ‘‘(c) JUDICIAL REVIEW.—No court shall hold ‘‘(C) Federal ownership and management of ‘‘(B) may, additionally, accept any other unlawful or set aside a decision of the Com- such site is necessary or desirable in order to spent nuclear fuel or high-level radioactive mission in any proceeding described in sub- protect the public health and safety, and the waste. section (a) because of a failure by the Com- environment. ‘‘(4) EXCEPTION.—If the annual rate under mission to use a particular procedure pursu- ‘‘(2) PROTECTION.—If the Secretary assumes the acceptance schedule is not achieved, the ant to this section unless— title and custody of any such waste and land acceptance rate of the Secretary of the ma- ‘‘(1) an objection to the procedure used was under this subsection, the Secretary shall terials described in paragraph (3)(A) shall be presented to the Commission in a timely maintain such waste and land in a manner the greater of the acceptance rate prescribed fashion or there are extraordinary cir- that will protect the public health and safe- by paragraph (3) and calculated on the basis cumstances that excuse the failure to ty, and the environment. of the amount of spent nuclear fuel and high- present a timely objection; and ‘‘(c) SPECIAL SITES.—If the low-level radio- level radioactive waste actually received or 5 active waste involved is the result of a li- ‘‘(2) the court finds that such failure has percent of the total amount of spent nuclear censed activity to recover zirconium, haf- precluded a fair consideration and informed fuel and high-level radioactive waste actu- nium, and rare earths from source material, resolution of a significant issue of the pro- ally accepted. ceeding taken as a whole. the Secretary, upon request of the owner of the site involved, shall assume title and cus- ‘‘(5) ADJUSTMENT.—If the Secretary is un- ‘‘SEC. 505. SITING A SECOND REPOSITORY. tody of such waste and the land on which it able to begin acceptance by January 31, 2002 ‘‘(a) CONGRESSIONAL ACTION REQUIRED.— is disposed when such site has been decon- at the rate specified in paragraph (2) or if the The Secretary may not conduct site-specific taminated and stabilized in accordance with cumulative amount accepted in any year activities with respect to a second repository the requirements established by the Com- thereafter is less than that which would have unless Congress has specifically authorized mission and when such owner has made ade- been accepted under the rate specified in and appropriated funds for such activities. quate financial arrangements approved by paragraph (2), the acceptance schedule shall, ‘‘(b) REPORT.—The Secretary shall report the Commission for the long-term mainte- to the extent practicable, be adjusted upward to the President and to Congress on or after nance and monitoring of such site. such that within 5 years of the start of ac- January 1, 2007, but not later than January 1, ‘‘SEC. 507. NUCLEAR REGULATORY COMMISSION ceptance by the Secretary— 2010, on the need for a second repository. TRAINING AUTHORIZATION. ‘‘(A) the total quantity accepted by the ‘‘SEC. 506. FINANCIAL ARRANGEMENTS FOR LOW- ‘‘The Commission is authorized and di- Secretary is consistent with the total quan- LEVEL RADIOACTIVE WASTE SITE rected to promulgate regulations, or other tity that the Secretary would have accepted CLOSURE. appropriate regulatory guidance, for the if the Secretary had begun acceptance in ‘‘(a) FINANCIAL ARRANGEMENTS.— training and qualifications of civilian nu- 2002; and ‘‘(1) STANDARDS AND INSTRUCTIONS.—The clear powerplant operators, supervisors, ‘‘(B) thereafter the acceptance rate is Commission shall establish by rule, regula- technicians, and other appropriate operating equivalent to the rate that would be in place tion, or order, after public notice, and in ac- personnel. Such regulations or guidance pursuant to paragraph (2) if the Secretary cordance with section 181 of the Atomic En- shall establish simulator training require- had commenced acceptance in 2002. ergy Act of 1954 (42 U.S.C. 2231), such stand- ments for applicants for civilian nuclear ‘‘(6) EFFECT ON SCHEDULE.—The acceptance ards and instructions as the Commission powerplant operator licenses and for opera- schedule shall not be affected or modified in may deem necessary or desirable to ensure in tor requalification programs; requirements any way as a result of the Secretary’s ac- the case of each license for the disposal of governing Commission administration of re- ceptance of any material other than contract low-level radioactive waste that an adequate qualification examinations; requirements for holders’ spent nuclear fuel and high-level ra- bond, surety, or other financial arrangement operating tests at civilian nuclear power- dioactive waste. H9680 CONGRESSIONAL RECORD — HOUSE October 29, 1997 ‘‘SEC. 509. SUBSEABED OR OCEAN WATER DIS- to serve as a member of the Board until such ‘‘SEC. 607. SUPPORT SERVICES. POSAL. member’s successor has taken office. ‘‘(a) GENERAL SERVICES.—To the extent ‘‘Notwithstanding any other provision of ‘‘SEC. 603. FUNCTIONS. permitted by law and requested by the Chair- law— ‘‘The Board shall evaluate the technical man, the Administrator of General Services ‘‘(1) the subseabed or ocean water disposal and scientific validity of activities under- shall provide the Board with necessary ad- of spent nuclear fuel or high-level radio- taken by the Secretary after December 22, ministrative services, facilities, and support active waste is prohibited; and 1987, including— on a reimbursable basis. ‘‘(2) no funds shall be obligated for any ac- ‘‘(b) ACCOUNTING, RESEARCH, AND TECH- ‘‘(1) site characterization activities; and tivity relating to the subseabed or ocean NOLOGY ASSESSMENT SERVICES.—The Comp- ‘‘(2) activities relating to the packaging or water disposal of spent nuclear fuel or high- troller General, the Librarian of Congress, transportation of spent nuclear fuel or high- level radioactive waste. and the Director of the Office of Technology level radioactive waste. ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL Assessment shall, to the extent permitted by ‘‘SEC. 604. INVESTIGATORY POWERS. REVIEW BOARD law and subject to the availability of funds, ‘‘(a) HEARINGS.—Upon request of the Chair- provide the Board with such facilities, sup- ‘‘SEC. 601. DEFINITIONS. man or a majority of the members of the port, funds and services, including staff, as ‘‘For purposes of this title— Board, the Board may hold such hearings, sit may be necessary for the effective perform- ‘‘(1) CHAIRMAN.—The term ‘Chairman’ and act at such times and places, take such ance of the functions of the Board. means the Chairman of the Nuclear Waste testimony, and receive such evidence, as the ‘‘(c) ADDITIONAL SUPPORT.—Upon the re- Technical Review Board. Board considers appropriate. Any member of quest of the Chairman, the Board may secure ‘‘(2) BOARD.—The term ‘Board’ means the the Board may administer oaths or affirma- directly from the head of any department or Nuclear Waste Technical Review Board con- tions to witnesses appearing before the agency of the United States information nec- tinued under section 602. Board. essary to enable it to carry out this title. ‘‘SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW ‘‘(b) PRODUCTION OF DOCUMENTS.— ‘‘(d) MAILS.—The Board may use the Unit- BOARD. ‘‘(1) RESPONSE TO INQUIRIES.—Upon the re- ed States mails in the same manner and ‘‘(a) CONTINUATION OF NUCLEAR WASTE quest of the Chairman or a majority of the under the same conditions as other depart- TECHNICAL REVIEW BOARD.—The Nuclear members of the Board, and subject to exist- ments and agencies of the United States. Waste Technical Review Board, established ing law, the Secretary (or any contractor of ‘‘(e) EXPERTS AND CONSULTANTS.—Subject under section 502(a) of the Nuclear Waste the Secretary) shall provide the Board with to such rules as may be prescribed by the Policy Act of 1982 as constituted prior to the such records, files, papers, data, or informa- Board, the Chairman may, subject to appro- date of enactment of this Act, shall continue tion as may be necessary to respond to any priations, procure temporary and intermit- in effect subsequent to the date of enactment inquiry of the Board under this title. tent services under section 3109(b) of title 5 of this Act. ‘‘(2) EXTENT.—Subject to existing law, in- of the United States Code, but at rates for ‘‘(b) MEMBERS.— formation obtainable under paragraph (1) individuals not to exceed the daily equiva- ‘‘(1) NUMBER.—The Board shall consist of 11 shall not be limited to final work products of lent of the maximum annual rate of basic members who shall be appointed by the the Secretary, but shall include drafts of pay payable for GS–18 of the General Sched- President not later than 90 days after De- such products and documentation of work in ule. cember 22, 1987, from among persons nomi- progress. ‘‘SEC. 608. REPORT. nated by the National Academy of Sciences ‘‘SEC. 605. COMPENSATION OF MEMBERS. ‘‘The Board shall report not less than 2 in accordance with paragraph (3). times per year to Congress and the Secretary ‘‘(2) CHAIR.—The President shall designate ‘‘(a) IN GENERAL.—Each member of the Board shall, subject to appropriations, be its findings, conclusions, and recommenda- a member of the Board to serve as Chairman. tions. ‘‘(3) NATIONAL ACADEMY OF SCIENCES.— paid at the rate of pay payable for level III ‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS. ‘‘(A) NOMINATIONS.—The National Academy of the Executive Schedule for each day (in- ‘‘There are authorized to be appropriated of Sciences shall, not later than 90 days after cluding travel time) such member is engaged for expenditures such sums as may be nec- December 22, 1987, nominate not less than 22 in the work of the Board. essary to carry out the provisions of this persons for appointment to the Board from ‘‘(b) TRAVEL EXPENSES.—Each member of title. among persons who meet the qualifications the Board may receive travel expenses, in- described in subparagraph (C). cluding per diem in lieu of subsistence, in ‘‘SEC. 610. TERMINATION OF THE BOARD. ‘‘The Board shall cease to exist not later ‘‘(B) VACANCIES.—The National Academy of the same manner as is permitted under sec- Sciences shall nominate not less than 2 per- tions 5702 and 5703 of title 5, United States than one year after the date on which the sons to fill any vacancy on the Board from Code. Secretary begins disposal of spent nuclear among persons who meet the qualifications ‘‘SEC. 606. STAFF. fuel or high-level radioactive waste in the re- pository. described in subparagraph (C). ‘‘(a) CLERICAL STAFF.— ‘‘(C) NOMINEES.— ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to ‘‘TITLE VII—MANAGEMENT REFORM ‘‘(i) Each person nominated for appoint- paragraph (2), the Chairman may, subject to ‘‘SEC. 701. MANAGEMENT REFORM INITIATIVES. ment to the Board shall be— appropriations, appoint and fix the com- ‘‘(a) IN GENERAL.—The Secretary is di- ‘‘(I) eminent in a field of science or engi- pensation of such clerical staff as may be rected to take actions as necessary to im- neering, including environmental sciences; necessary to discharge the responsibilities of prove the management of the civilian radio- and the Board. active waste management program to ensure ‘‘(II) selected solely on the basis of estab- ‘‘(2) PROVISIONS OF TITLE 5.—Clerical staff that the program is operated, to the maxi- lished records of distinguished service. shall be appointed subject to the provisions mum extent practicable, in like manner as a ‘‘(ii) The membership of the Board shall be of title 5, United States Code, governing ap- private business. representatives of the broad range of sci- pointments in the competitive service, and ‘‘(b) SITE CHARACTERIZATION.—The Sec- entific and engineering disciplines related to shall be paid in accordance with the provi- retary shall employ, on an on-going basis, in- activities under this title. sions of chapter 51 and subchapter III of tegrated performance modeling to identify ‘‘(iii) No person shall be nominated for ap- chapter 3 of such title relating to classifica- appropriate parameters for the remaining pointment to the Board who is an employee tion and General Schedule pay rates. site characterization effort and to eliminate of— ‘‘(b) PROFESSIONAL STAFF.— studies of parameters that are shown not to ‘‘(I) the Department of Energy; ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to affect long-term repository performance. ‘‘(II) a national laboratory under contract paragraphs (2) and (3), the Chairman may, ‘‘SEC. 702. REPORTING. with the Department of Energy; or subject to appropriations, appoint and fix ‘‘(a) INITIAL REPORT.—Within 180 days of ‘‘(III) an entity performing spent nuclear the compensation of such professional staff the date of enactment of this Act, the Sec- fuel or high-level radioactive waste activi- as may be necessary to discharge the respon- retary shall report to Congress on its ties under contract with the Department of sibilities of the Board. planned actions for implementing the provi- Energy. ‘‘(2) NUMBER.—Not more than 10 profes- sions of this Act, including the development ‘‘(4) VACANCIES.—Any vacancy on the sional staff members may be appointed of the Integrated Waste Management Sys- Board shall be filled by the nomination and under this subsection. tem. Such report shall include— appointment process described in paragraphs ‘‘(3) TITLE 5.—Professional staff members ‘‘(1) an analysis of the Secretary’s progress (1) and (3). may be appointed without regard to the pro- in meeting its statutory and contractual ob- ‘‘(5) TERMS.—Members of the Board shall visions of title 5, United States Code, govern- ligation to accept title to, possession of, and be appointed for terms of 4 years, each such ing appointments in the competitive service, delivery of spent nuclear fuel and high-level term to commence 120 days after December and may be paid without regard to the provi- radioactive waste beginning no later than 22, 1987, except that of the 11 members first sions of chapter 51 and subchapter III of January 31, 2002, and in accordance with the appointed to the Board, 5 shall serve for 2 chapter 53 of such title relating to classifica- acceptance schedule; years and 6 shall serve for 4 years, to be des- tion and General Schedule pay rates, except ‘‘(2) a detailed schedule and timeline show- ignated by the President at the time of ap- that no individual so appointed may receive ing each action that the Secretary intends to pointment, except that a member of the pay in excess of the annual rate of basic pay take to meet the Secretary’s obligations Board whose term has expired may continue payable for GS–18 of the General Schedule. under this Act and the contracts; October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9681 ‘‘(3) a detailed description of the Sec- ‘‘Sec. 602. Nuclear Waste Technical Review nents of a disposal system. Such term in- retary’s contingency plans in the event that Board. cludes the spent nuclear fuel or high-level the Secretary is unable to meet the planned ‘‘Sec. 603. Functions. radioactive waste form, spent nuclear fuel schedule and timeline; and ‘‘Sec. 604. Investigatory powers. package or high-level radioactive waste, and ‘‘(4) an analysis by the Secretary of its ‘‘Sec. 605. Compensation of members. other materials placed over and around such funding needs for fiscal years 1996 through ‘‘Sec. 606. Staff. packages. ‘‘Sec. 607. Support services. 2001. ‘‘(12) HIGH-LEVEL RADIOACTIVE WASTE.—The ‘‘Sec. 608. Report. ‘‘(b) ANNUAL REPORTS.—On each anniver- term ‘high-level radioactive waste’ means— sary of the submittal of the report required ‘‘Sec. 609. Authorization of appropriations. ‘‘Sec. 610. Termination of the board. ‘‘(A) the highly radioactive material re- by subsection (a), the Secretary shall make sulting from the reprocessing of spent nu- annual reports to the Congress for the pur- ‘‘TITLE VII—MANAGEMENT REFORM clear fuel, including liquid waste produced pose of updating the information contained ‘‘Sec. 701. Management reform initiatives. directly in reprocessing and any solid mate- in such report. The annual reports shall be ‘‘Sec. 702. Reporting. rial derived from such liquid waste that con- brief and shall notify the Congress of— ‘‘SEC. 2. DEFINITIONS. tains fission products in sufficient con- ‘‘(1) any modifications to the Secretary’s ‘‘For purposes of this Act: centrations; schedule and timeline for meeting its obliga- ‘‘(1) ACCEPT, ACCEPTANCE.—The terms ‘ac- ‘‘(B) the highly radioactive material re- tions under this Act; cept’ and ‘acceptance’ mean the Secretary’s sulting from atomic energy defense activi- ‘‘(2) the reasons for such modifications, act of taking possession of spent nuclear fuel ties; and and the status of the implementation of any or high-level radioactive waste. ‘‘(C) other highly radioactive material that of the Secretary’s contingency plans; and ‘‘(2) ACCEPTANCE SCHEDULE.—The term ‘ac- the Commission, consistent with existing ‘‘(3) the Secretary’s analysis of its funding ceptance schedule’ means the schedule estab- law, determines by rule requires permanent needs for the ensuing 5 fiscal years.’’. lished by the Secretary under section 508 for isolation. SEC. 2. CONTINUATION OF CONTRACTS. acceptance of spent nuclear fuel and high- ‘‘(13) FEDERAL AGENCY.—The term ‘Federal Subsequent to the date of enactment of level radioactive waste. agency’ means any Executive agency, as de- this Act, the contracts executed under sec- ‘‘(3) AFFECTED INDIAN TRIBE.—The term ‘af- fined in section 105 of title 5, United States tion 302(a) of the Nuclear Waste Policy Act fected Indian tribe’ means an Indian tribe— Code. of 1982 shall continue in effect under this Act ‘‘(A) whose reservation is surrounded by or ‘‘(14) INDIAN TRIBE.—The term ‘Indian in accordance with their terms except to the borders on an affected unit of local govern- tribe’ means any Indian tribe, band, nation, extent that the contracts have been modified ment, or or other organized group or community of by the parties to the contract. ‘‘(B) whose federally-defined possessory or Indians recognized as eligible for the services SECTION 1. AMENDMENT OF NUCLEAR WASTE usage rights to other lands outside of the provided to Indians by the Secretary of the POLICY ACT OF 1982. border of the Indian tribe’s reservation aris- Interior because of their status as Indians in- The Nuclear Waste Policy Act of 1982 is ing out of Congressionally-ratified treaties, cluding any Alaska Native village, as defined amended to read as follows: may be affected by the locating of an interim in section 3(c) of the Alaska Native Claims ‘‘SECTION 1. SHORT TITLE AND TABLE OF CON- storage facility or repository, if the Sec- Settlement Act (43 U.S.C. 1602(c)). TENTS. retary finds, upon petition of the appropriate ‘‘(15) INTEGRATED MANAGEMENT SYSTEM.— ‘‘(a) SHORT TITLE.—This Act may be cited government officials of the Indian tribe, that The term ‘integrated management system’ as the ‘Nuclear Waste Policy Act of 1997’. such affects are both substantial and adverse means the system developed by the Sec- ‘‘(b) TABLE OF CONTENTS.— to the Indian tribe. retary for the acceptance, transportation, ‘‘Sec. 1. Short title and table of contents. ‘‘(4) AFFECTED UNIT OF LOCAL GOVERN- storage, and disposal of spent nuclear fuel ‘‘Sec. 2. Definitions. MENT.—The term ‘affected unit of local gov- and high-level radioactive waste. ‘‘Sec. 3. Findings and purposes. ernment’ means the unit of local government ‘‘(16) INTERIM STORAGE FACILITY.—The term ‘‘TITLE I—OBLIGATIONS with jurisdiction over the site of a repository ‘interim storage facility’ means a facility de- ‘‘Sec. 101. Obligations of the Secretary of or interim storage facility. Such term may, signed and constructed for the receipt, han- Energy. at the discretion of the Secretary, include dling, possession, safeguarding, and storage ‘‘TITLE II—INTEGRATED MANAGEMENT other units of local government that are con- of spent nuclear fuel and high-level radio- SYSTEM tiguous with such unit. active waste in accordance with title II of ‘‘(5) ATOMIC ENERGY DEFENSE ACTIVITY.— this Act. ‘‘Sec. 201. Intermodal transfer. The term ‘atomic energy defense activity’ ‘‘(17) INTERIM STORAGE FACILITY SITE.—The ‘‘Sec. 202. Transportation planning. ‘‘Sec. 203. Transportation requirements. means any activity of the Secretary per- term ‘interim storage facility site’ means ‘‘Sec. 204. Interim storage. formed in whole or in part in carrying out the specific site within Area 25 of the Nevada ‘‘Sec. 205. Permanent disposal. any of the following functions: Test Site that is designated by the Secretary ‘‘Sec. 206. Land withdrawal. ‘‘(A) Naval reactors development. and withdrawn and reserved in accordance ‘‘TITLE III—LOCAL RELATIONS ‘‘(B) Weapons activities including defense with this Act for the location of the interim inertial confinement fusion. storage facility. ‘‘Sec. 301. On-site representative. ‘‘(C) Verification and control technology. ‘‘(18) LOW-LEVEL RADIOACTIVE WASTE.—The ‘‘Sec. 302. Benefits agreements. ‘‘(D) Defense nuclear materials production. term ‘low-level radioactive waste’ means ra- ‘‘Sec. 303. Content of agreements. ‘‘(E) Defense nuclear waste and materials dioactive material that— ‘‘Sec. 304. Acceptance of benefits. ‘‘Sec. 305. Restriction on use of funds. byproducts management. ‘‘(A) is not spent nuclear fuel, high-level ‘‘Sec. 306. Initial land conveyances. ‘‘(F) Defense nuclear materials security radioactive waste, transuranic waste, or by- and safeguards and security investigations. product material as defined in section 11 e.(2) ‘‘TITLE IV—FUNDING AND ‘‘(G) Defense research and development. of the Atomic Energy Act of 1954 (42 U.S.C. ORGANIZATION ‘‘(6) CIVILIAN NUCLEAR POWER REACTOR.— 2014(e)(2)); and ‘‘Sec. 401. Program funding. The term ‘civilian nuclear power reactor’ ‘‘(B) the Commission, consistent with ex- ‘‘Sec. 402. Office of Civilian Radioactive means a civilian nuclear power plant re- isting law, classifies as low-level radioactive Waste Management. quired to be licensed under section 103 or 104 waste. ‘‘Sec. 403. Defense contribution. b. of the Atomic Energy Act of 1954 (42 U.S.C. ‘‘(19) METRIC TONS URANIUM.—The terms ‘‘TITLE V—GENERAL AND 2133, 2134(b)). ‘metric tons uranium’ and ‘MTU’ means the MISCELLANEOUS PROVISIONS ‘‘(7) COMMISSION.—The term ‘Commission’ amount of uranium in the original ‘‘Sec. 501. Compliance with other laws. means the Nuclear Regulatory Commission. unirradiated fuel element whether or not the ‘‘Sec. 502. Water rights. ‘‘(8) DEPARTMENT.—The term ‘Department’ spent nuclear fuel has been reprocessed. ‘‘Sec. 503. Judicial review of agency actions. means the Department of Energy. ‘‘(20) NUCLEAR WASTE FUND.—The terms ‘‘Sec. 504. Licensing of facility expansions ‘‘(9) DISPOSAL.—The term ‘disposal’ means ‘Nuclear Waste Fund’ and ‘waste fund’ mean and transshipments. the emplacement in a repository of spent nu- the nuclear waste fund established in the ‘‘Sec. 505. Siting a second repository. clear fuel, high-level radioactive waste, or United States Treasury prior to the date of ‘‘Sec. 506. Financial arrangements for low- other highly radioactive material with no enactment of this Act under section 302(c) of level radioactive waste site clo- foreseeable intent of recovery, whether or the Nuclear Waste Policy Act of 1982. sure. not such emplacement permits recovery of ‘‘(21) OFFICE.—The term ‘Office’ means the ‘‘Sec. 507. Nuclear Regulatory Commission such material for any future purpose. Office of Civilian Radioactive Waste Manage- training authorization. ‘‘(10) DISPOSAL SYSTEM.—The term ‘dis- ment established within the Department ‘‘Sec. 508. Acceptance schedule. posal system’ means all natural barriers and prior to the date of enactment of this Act ‘‘Sec. 509. Subseabed or ocean water dis- engineered barriers, and engineered systems under the provisions of the Nuclear Waste posal. and components, that prevent the release of Policy Act of 1982. ‘‘Sec. 510. Compensation. radionuclides from the repository. ‘‘(22) PROGRAM APPROACH.—The term ‘pro- ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL ‘‘(11) ENGINEERED BARRIERS.—The term ‘en- gram approach’ means the Civilian Radio- REVIEW BOARD gineered barriers’ and ‘engineered systems active Waste Management Program Plan, ‘‘Sec. 601. Definitions. and components,’ means man made compo- dated May 1996, as modified by this Act, and H9682 CONGRESSIONAL RECORD — HOUSE October 29, 1997 as amended from time to time by the Sec- can accept spent nuclear fuel or high-level sites and rights-of-way to be acquired under retary in accordance with this Act. radioactive waste for interim storage com- this section; and ‘‘(23) REPOSITORY.—The term ‘repository’ mencing no later than January 31, 2000, and ‘‘(2) file copies of a map of such sites and means a system designed and constructed for permanent disposal at a repository com- rights-of-way with the Congress, the Sec- under title II of this Act for the permanent mencing no later than January 17, 2010; retary of the Interior, the State of Nevada, geologic disposal of spent nuclear fuel and ‘‘(2) to provide for the siting, construction, the Archivist of the United States, the Board high-level radioactive waste, including both and operation of a repository for permanent of Lincoln County Commissioners, the Board surface and subsurface areas at which spent geologic disposal of spent nuclear fuel and of Nye County Commissioners, and the nuclear fuel and high-level radioactive waste high-level radioactive waste in order to ade- Caliente City Council. receipt, handling, possession, safeguarding, quately protect the public and the environ- Such map and legal description shall have and storage are conducted. ment; the same force and effect as if they were in- ‘‘(24) SECRETARY.—The term ‘Secretary’ ‘‘(3) to take those actions necessary to en- cluded in this Act. The Secretary may cor- means the Secretary of Energy. sure that the consumers of nuclear energy, rect clerical and typographical errors and ‘‘(25) SITE CHARACTERIZATION.—The term who are funding the Secretary’s activities legal descriptions and make minor adjust- ‘site characterization’ means activities, under this Act, receive the services to which ments in the boundaries. whether in a laboratory or in the field, un- they are entitled and realize the benefits of ‘‘(f) IMPROVEMENTS.—The Secretary shall dertaken to establish the geologic condition enhanced protection of public health and make improvements to existing roadways se- and the ranges of the parameters of a can- safety, and the environment, that will ensue lected for heavy-haul truck transport be- didate site relevant to the location of a re- from the Secretary’s compliance with the ob- tween Caliente, Nevada, and the interim pository, including borings, surface exca- ligations imposed by this Act; and storage facility site as necessary to facili- vations, excavations of exploratory facili- ‘‘(4) to provide a schedule and process for tate year-round safe transport of spent nu- ties, limited subsurface lateral excavations the expeditious and safe development and clear fuel and high-level radioactive waste. and borings, and in situ testing needed to commencement of operation of an integrated ‘‘(g) HEAVY-HAUL TRANSPORTATION evaluate the licensability of a candidate site management system and any necessary ROUTE.— for the location of a repository, but not in- modifications to the transportation infra- ‘‘(1) DESIGNATION OF ROUTE.—The route for cluding preliminary borings and geophysical structure to ensure that the Secretary can the heavy-haul truck transport of spent nu- testing needed to assess whether site charac- commence acceptance of spent nuclear fuel clear fuel and high-level radioactive waste terization should be undertaken. and high-level radioactive waste no later shall be as designated in the map (entitled ‘‘(26) SPENT NUCLEAR FUEL.—The term than January 31, 2000. ‘Heavy-Haul Route’ and on file with the Sec- ‘spent nuclear fuel’ means fuel that has been ‘‘TITLE I—OBLIGATIONS retary). withdrawn from a nuclear reactor following ‘‘(2) TRUCK TRANSPORTATION.—The Sec- ‘‘SEC. 101. OBLIGATIONS OF THE SECRETARY OF retary, in consultation with the State of Ne- irradiation, the constituent elements of ENERGY. vada and appropriate counties and local ju- which have not been separated by reprocess- ‘‘(a) DISPOSAL.—The Secretary shall de- ing. velop and operate a repository for the perma- risdictions, shall establish reasonable terms ‘‘(27) STORAGE.—The term ‘storage’ means nent geologic disposal of spent nuclear fuel and conditions pursuant to which the Sec- retention of spent nuclear fuel or high-level and high-level radioactive waste. retary may utilize heavy-haul truck trans- radioactive waste with the intent to recover ‘‘(b) ACCEPTANCE.—The Secretary shall ac- port to move spent nuclear fuel and high- such waste or fuel for subsequent use, proc- cept spent nuclear fuel and high-level radio- level radioactive waste from Caliente, Ne- essing, or disposal. active waste for storage at the interim stor- vada, to the interim storage facility site. ‘‘(28) WITHDRAWAL.—The term ‘withdrawal’ age facility pursuant to section 204 in ac- ‘‘(3) IMPROVEMENTS AND MAINTENANCE.— has the same definition as that set forth in cordance with the acceptance schedule es- Notwithstanding any other law— the Federal Land Policy and Management tablished under section 508, beginning not ‘‘(A) the Secretary shall be responsible for Act (43 U.S.C. 1702 and following). later than January 31, 2000. any incremental costs related to improving ‘‘(29) YUCCA MOUNTAIN SITE.—The term ‘‘(c) TRANSPORTATION.—The Secretary shall or upgrading Federal, State, and local roads ‘Yucca Mountain site’ means the area in the provide for the transportation of spent nu- within the heavy-haul transportation route State of Nevada that is withdrawn and re- clear fuel and high-level radioactive waste utilized, and performing any maintenance served in accordance with this Act for the lo- accepted by the Secretary. activities on such roads, as necessary, to fa- cation of a repository. ‘‘(d) INTEGRATED MANAGEMENT SYSTEM.— cilitate year-round safe transport of spent The Secretary shall expeditiously pursue the ‘‘SEC. 3. FINDINGS AND PURPOSES. nuclear fuel and high-level radioactive development of each component of the inte- waste; and ‘‘(a) FINDINGS.—The Congress finds that— grated management system, and in so doing ‘‘(B) any such improvement, upgrading, or ‘‘(1) while spent nuclear fuel can be safely shall seek to utilize effective private sector maintenance activity shall be funded solely stored at reactor sites, the expeditious move- management and contracting practices in by appropriations made pursuant to sections ment to and storage of such spent nuclear accordance with title VII of this Act. 401 and 403 of this Act. fuel at a centralized Federal facility will en- ‘‘TITLE II—INTEGRATED MANAGEMENT ‘‘(h) LOCAL GOVERNMENT INVOLVEMENT.— hance the nation’s environmental protec- SYSTEM The Commission shall enter into a Memoran- tion; dum of Understanding with the City of ‘‘(2) while the Federal Government has the ‘‘SEC. 201. INTERMODAL TRANSFER. ‘‘(a) BEFORE RAIL ACCESS.—Until such time Caliente and Lincoln County, Nevada, to pro- responsibility to provide for the centralized vide advice to the Commission regarding interim storage and permanent disposal of as direct rail access is available to the in- terim storage facility site, the Secretary intermodal transfer and to facilitate on-site spent nuclear fuel and high-level radioactive representation. waste to protect the public health and safety shall utilize heavy-haul truck transport to move spent nuclear fuel and high-level radio- ‘‘(i) NATIONAL ENVIRONMENTAL POLICY ACT and the environment, the costs of such stor- OF 1969.—The Secretary’s activities in con- age and disposal should be the responsibility active waste from the mainline rail line at Caliente, Nevada, to the interim storage fa- nection with the development of intermodal of the generators and owners of such waste transfer capability, and upgrading and im- and fuel, including the Federal Government; cility site. ‘‘(b) CAPABILITY DATE.—The Secretary provements to, and maintenance of, the ‘‘(3) in the interests of protecting the pub- shall develop the capability to commence roads within the heavy-haul transportation lic health and safety, enhancing the nation’s rail to truck intermodal transfer at Caliente, route shall be considered preliminary deci- environmental protection, promoting the na- Nevada, no later than January 31, 2000. sionmaking activities. Such activities shall tion’s energy security, and ensuring the Sec- ‘‘(c) ACQUISITIONS.—The Secretary shall ac- not require the preparation of an environ- retary’s ability to commence acceptance of quire lands and rights-of-way necessary to mental impact statement under section spent nuclear fuel and high-level radioactive commence intermodal transfer at Caliente, 102(2)(c) of the National Environmental Pol- waste no later than January 31, 2000, it is Nevada. icy Act of 1969 (42 U.S.C. 4332(2)(C)) or any necessary for Congress to authorize the in- ‘‘(d) REPLACEMENTS.—The Secretary shall environmental review under subparagraph terim storage facility; acquire and develop on behalf of, and dedi- (E) or (F) of section 102(2) of such Act. ‘‘(4) deficit-control measures designed to cate to, the City of Caliente, Nevada, parcels ‘‘(j) REGULATION.—Notwithstanding any limit appropriation of general revenues have of land and rights-of-way as required to fa- other law, the Secretary’s movement of limited the availability of the Nuclear Waste cilitate replacement of land and city spent nuclear fuel and high-level radioactive Fund for its intended purposes; and wastewater disposal activities necessary to waste by heavy-haul transport route pursu- ‘‘(5) the Federal Government has the re- commence intermodal transfer pursuant to ant to this subsection shall be subject to ex- sponsibility to provide for the permanent this Act. Replacement of land and city clusive regulation by the Secretary of Trans- disposal of waste generated from United wastewater disposal activities shall occur no portation and the Commission in accordance States atomic energy defense activities. later than January 31, 2000. with regulatory authority under the provi- ‘‘(b) PURPOSES.—The purposes of this Act ‘‘(e) NOTICE AND MAP.—Within 6 months of sions of this Act, chapter 51 of title 49, Unit- are— the date of enactment of this Act, the Sec- ed States Code (relating to the transpor- ‘‘(1) to direct the Secretary to develop an retary shall— tation of hazardous materials), and the integrated management system in accord- ‘‘(1) publish in the Federal Register a no- Atomic Energy Act of 1954 (42 U.S.C. 2011 et ance with this Act so that the Department tice containing a legal description of the seq.). October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9683 ‘‘SEC. 202. TRANSPORTATION PLANNING. The Secretary shall use direct Federal serv- enactment of this Act and within the bound- ‘‘(a) TRANSPORTATION READINESS.—The ices for such transportation only upon a de- aries of the interim storage facility site, in Secretary shall take those actions that are termination by the Secretary of Transpor- connection with an imminent and substan- necessary and appropriate to ensure that the tation, in consultation with the Secretary, tial endangerment to public health and safe- Secretary is able to accept spent nuclear fuel that private industry is unable or unwilling ty at the interim storage facility prior to and high-level radioactive waste beginning to provide such transportation services at a commencement of operations during the sec- not later than January 31, 2000, and trans- reasonable cost. ond phase. port such fuel or waste to mainline transpor- ‘‘(e) TRANSFER OF TITLE.—Acceptance by ‘‘(3) ACCEPTANCE OF FUEL AND WASTE.— tation facilities. As soon as is practicable the Secretary of any spent nuclear fuel or ‘‘(A) GENERAL RULE.—In each year, once following the enactment of this Act, the Sec- high-level radioactive waste shall constitute the Secretary has achieved the annual ac- retary shall analyze each specific reactor fa- a transfer of title to the Secretary. ceptance rate for spent nuclear fuel from ci- cility in the order of priority established in ‘‘SEC. 204. INTERIM STORAGE. vilian nuclear power reactors established pursuant to the contracts executed under the the acceptance schedule under section 508, ‘‘(a) AUTHORIZATION.—The Secretary shall and develop a logistical plan to assure the design, construct, and operate a facility for Nuclear Waste Policy Act of 1982 (as set Secretary’s ability to transport spent nu- the interim storage of spent nuclear fuel and forth in the Secretary’s annual capacity re- clear fuel and high-level radioactive waste. high-level radioactive waste at the interim port dated March 1995 (DOE/RW–0457)), the Secretary— ‘‘(b) TRANSPORTATION PLANNING.—In con- storage facility site. The interim storage fa- ‘‘(i) may, additionally, accept spent nu- junction with the development of the cility shall be subject to licensing pursuant clear fuel or high-level radioactive waste of logistical plan in accordance with subsection to the Atomic Energy Act of 1954 (42 U.S.C. domestic origin from civilian nuclear power (a), the Secretary shall update and modify, 2011 et seq.) in accordance with the Commis- reactors which have permanently ceased op- as necessary, the Secretary’s transportation sion’s regulations governing the licensing of eration; and institutional plans to ensure that institu- independent spent fuel storage installations ‘‘(ii) except as provided in subparagraph tional issues are addressed and resolved on a and shall commence operation in phases by (B), shall accept at least 25 percent of the schedule to support the commencement of January 31, 2000. difference between such annual acceptance transportation of spent nuclear fuel and ‘‘(b) DESIGN.—The design of the interim high-level radioactive waste to the interim rate and the annual rate under the accept- storage facility shall provide for the use of ance schedule established under section 508 storage facility no later than January 31, storage technologies licensed or certified by 2000. Among other things, such planning for spent nuclear fuel from civilian power re- the Commission for use at the interim stor- actors of— shall provide a schedule and process for ad- age facility as necessary to ensure compat- dressing and implementing, as necessary, ‘‘(I) spent nuclear fuel from foreign re- ibility between the interim storage facility search reactors; and transportation routing plans, transportation and contract holders’ spent nuclear fuel and contracting plans, transportation training in ‘‘(II) spent nuclear fuel from naval reactors facilities, and to facilitate the Secretary’s and high-level radioactive waste from atom- accordance with section 203, and transpor- ability to meet the Secretary’s obligations tation tracking programs. ic energy defense activities. under this Act. ‘‘(B) EXCEPTION.—If the annual rate under ‘‘SEC. 203. TRANSPORTATION REQUIREMENTS. ‘‘(c) LICENSING.— the acceptance schedule established under ‘‘(a) PACKAGE CERTIFICATION.—No spent nu- ‘‘(1) PHASES.—The interim storage facility section 508 is not achieved, the acceptance clear fuel or high-level radioactive waste shall be licensed by the Commission in two rate of the Secretary of the materials de- may be transported by or for the Secretary phases in order to commence operations no scribed in subclauses (I) and (II) of subpara- under this Act except in packages that have later than January 31, 2000. graph (A)(ii) shall be the greater of the ac- been certified for such purposes by the Com- ‘‘(2) FIRST PHASE.—No later than 12 months ceptance rate prescribed by subparagraph (A) mission. after the date of enactment of this Act, the and calculated on the basis of the amount of ‘‘(b) STATE NOTIFICATION.—The Secretary Secretary shall submit to the Commission an spent nuclear fuel and high-level radioactive shall abide by regulations of the Commission application for a license for the first phase of waste actually received or 5 percent of the regarding advance notification of State and the interim storage facility. The license is- total amount of spent nuclear fuel and high- local governments prior to transportation of sued for the first phase of the interim stor- level radioactive waste actually accepted. spent nuclear fuel or high-level radioactive age facility shall have a term of 20 years. ‘‘(e) NATIONAL ENVIRONMENTAL POLICY ACT waste under this Act. The interim storage facility licensed in the OF 1969.— ‘‘(c) TECHNICAL ASSISTANCE.— first phase shall have a capacity of not more ‘‘(1) PRELIMINARY DECISIONMAKING ACTIVI- ‘‘(1) IN GENERAL.—The Secretary shall pro- than 10,000 MTU. The Commission shall issue TIES.—The Secretary’s activities under this vide technical assistance and funds to a final decision granting or denying the ap- section, including the selection of a site for States, affected units of local government, plication for the first phase license no later the interim storage facility, the preparation and Indian tribes through whose jurisdiction than 16 months from the date of the submit- and submittal of any license application, and the Secretary plans to transport substantial tal of the application for such license. the construction and operation of any facil- amounts of spent nuclear fuel or high-level ‘‘(3) SECOND PHASE.—Upon the issuance of ity shall be considered preliminary decision- radioactive waste for training for public the license for the first phase of the interim making activities for purposes of the Na- safety officials of appropriate units of local storage facility under paragraph (2), the Sec- tional Environmental Policy Act of 1969 (42 government. Training shall cover procedures retary shall submit to the Commission an U.S.C. 4321 et seq.). No such activity shall re- required for safe routine transportation of application for a license for the second phase quire the preparation of an environmental these materials, as well as procedures for interim storage facility. The license for the impact statement under section 102(2)(C) of dealing with emergency response situations. second phase facility shall authorize a stor- the National Environmental Policy Act of The Secretary’s duty to provide technical age capacity of 40,000 MTU. The license for 1969 (42 U.S.C. 4332(2)(C)) or require any envi- and financial assistance under this sub- the second phase shall have an initial term ronmental review under subparagraph (E) or section shall be limited to amounts specified of up to 100 years, and shall be renewable for (F) of such Act. in annual appropriations. additional terms upon application of the ‘‘(2) ENVIRONMENTAL IMPACT STATEMENT.— ‘‘(2) MINIMIZING DUPLICATION OF EFFORT AND Secretary. ‘‘(A) FINAL DECISION.—A final decision of EXPENSES.—The Secretaries of Transpor- ‘‘(d) ADDITIONAL AUTHORITY.— the Commission to grant or deny a license tation, Labor, and Energy, Directors of the ‘‘(1) CONSTRUCTION.—For the purpose of application for the first or second phase of Federal Emergency Management Agency and complying with subsection (a), the Secretary the interim storage facility shall be accom- National Institute of Environmental Health may commence site preparation for the in- panied by an Environmental Impact State- Sciences, Chairman of the Nuclear Regu- terim storage facility as soon as practicable ment prepared under section 102(2)(C) of the latory Commission, and Administrator of the after the date of enactment of this Act and National Environmental Policy Act of 1969 Environmental Protection Agency shall re- shall commence construction of the first (42 U.S.C. 4332(2)(C)). In preparing such Envi- view periodically, with the head of each de- phase of the interim storage facility subse- ronmental Impact Statement, the Commis- partment, agency, or instrumentality of the quent to submittal of the license application sion— Government, all emergency response and except that the Commission shall issue an ‘‘(i) shall assume that 40,000 MTU will be preparedness training programs of that de- order suspending such construction at any stored at the facility; partment, agency, or instrumentality to time if the Commission determines that such ‘‘(ii) shall analyze the impacts of the trans- minimize duplication of effort and expense of construction poses an unreasonable risk to portation of spent nuclear fuel and high-level the department, agency, or instrumentality public health and safety or the environment. radioactive waste to the interim storage fa- in carrying out the programs and shall take The Commission shall terminate all or part cility in a generic manner; and necessary action to minimize duplication. of such order upon a determination that the ‘‘(iii) shall consider the results of the study ‘‘(d) USE OF PRIVATE CARRIERS.—The Sec- Secretary has taken appropriate action to by the National Academy of Sciences on the retary, in providing for the transportation of eliminate such risk. migration of plutonium at the Nevada test spent nuclear fuel and high level radioactive ‘‘(2) FACILITY USE.—Notwithstanding any site. waste under this Act, shall by contract use otherwise applicable licensing requirement, ‘‘(B) CONSIDERATIONS.—Such Environ- private industry to the fullest extent pos- the Secretary may utilize any facility owned mental Impact Statement shall not con- sible in each aspect of such transportation. by the Federal Government on the date of sider— H9684 CONGRESSIONAL RECORD — HOUSE October 29, 1997 ‘‘(i) the need for the interim storage facil- prior to the filing of such application, the ‘‘(B) increasing the exposure of individual ity, including any individual component Secretary determines that the Yucca Moun- members of the public to radiation beyond thereof; tain site cannot satisfy the Commission’s the release standard established in sub- ‘‘(ii) the time of the initial availability of regulations applicable to the licensing of a section (d)(1). the interim storage facility; geologic repository, the Secretary shall ter- ‘‘(c) MODIFICATION OF REPOSITORY LICENS- ‘‘(iii) any alternatives to the storage of minate site characterization activities at ING PROCEDURE.—The Commission’s regula- spent nuclear fuel and high-level radioactive the site, notify Congress and the State of Ne- tions shall provide for the modification of waste at the interim storage facility; vada of the Secretary’s determination and the repository licensing procedure, as appro- ‘‘(iv) any alternatives to the site of the fa- the reasons therefor, and recommend to Con- cility as designated by the Secretary in ac- gress not later than 6 months after such de- priate, in the event that the Secretary seeks cordance with subsection (a); termination further actions, including the a license to permit the emplacement in the ‘‘(v) any alternatives to the design criteria enactment of legislation, that may be needed repository, on a retrievable basis, of only for such facility or any individual compo- to manage the Nation’s spent nuclear fuel that quantity of spent nuclear fuel or high- nent thereof, as specified by the Secretary in and high-level radioactive waste. level radioactive waste that is necessary to the license application; or ‘‘(4) MAXIMIZING CAPACITY.—In developing provide the Secretary with sufficient con- ‘‘(vi) the environmental impacts of the an application for authorization to construct firmatory data on repository performance to storage of spent nuclear fuel and high-level the repository, the Secretary shall seek to reasonably confirm the basis for repository radioactive waste at the interim storage fa- maximize the capacity of the repository. closure consistent with applicable regula- cility beyond the initial term of the license ‘‘(b) LICENSING.—Within one year of the tions. or the term of the renewal period for which date of enactment of this Act, the Commis- ‘‘(d) LICENSING STANDARDS.—Notwithstand- a license renewal application is made. sion shall amend its regulations governing the disposal of spent nuclear fuel and high- ing any other provision of law, the Adminis- ‘‘(f) JUDICIAL REVIEW.—Judicial review of trator of the Environmental Protection the Commission’s environmental impact level radioactive waste in geologic reposi- tories to the extent necessary to comply statement under the National Environ- Agency shall not promulgate, by rule or oth- with this Act. Subject to subsection (c), such mental Policy Act of 1969 (42 U.S.C. 4321 et erwise, standards for protection of the public regulations shall provide for the licensing of seq.) shall be consolidated with judicial re- from releases of radioactive materials or ra- the repository according to the following view of the Commission’s licensing decision. dioactivity from the repository and any such procedures: No court shall have jurisdiction to enjoin the standards existing on the date of enactment ‘‘(1) CONSTRUCTION AUTHORIZATION.—The construction or operation of the interim of this Act shall not be incorporated in the Commission shall grant the Secretary a con- Commission’s licensing regulations. The storage facility prior to its final decision on struction authorization for the repository Commission’s repository licensing deter- review of the Commission’s licensing action. upon determining that there is reasonable minations for the protection of the public ‘‘(g) WASTE CONFIDENCE.—The Secretary’s assurance that spent nuclear fuel and high- shall be based solely on a finding whether obligation to construct and operate the in- level radioactive waste can be disposed of in terim storage facility in accordance with the repository— the repository can be operated in conform- this section and the Secretary’s obligation ‘‘(A) in conformity with the Secretary’s ance with the overall system performance to develop an integrated management sys- application, the provisions of this Act, and standard established in paragraph (1)(A) and tem in accordance with the provisions of this the regulations of the Commission; applied in accordance with the provisions of Act, shall provide sufficient and independent ‘‘(B) without unreasonable risk to the paragraph (1)(B). The Commission shall grounds for any further findings by the Com- health and safety of the public; and amend its regulations in accordance with mission of reasonable assurance that spent ‘‘(C) consistent with the common defense subsection (b) to incorporate each of the fol- nuclear fuel and high-level radioactive waste and security. lowing licensing standards: will be disposed of safely and on a timely ‘‘(2) LICENSE.—Following substantial com- ‘‘(1) RELEASE STANDARD.— basis for purposes of the Commission’s deci- pletion of construction and the filing of any ‘‘(A) ESTABLISHMENT OF OVERALL SYSTEM sion to grant or amend any license to oper- additional information needed to complete PERFORMANCE STANDARD.—The standard for ate any civilian nuclear power reactor under the license application, the Commission protection of the public from release of ra- the Atomic Energy Act of 1954 (42 U.S.C. 2011 shall issue a license to dispose of spent nu- dioactive material or radioactivity from the et seq.). clear fuel and high-level radioactive waste in repository shall prohibit releases that would ‘‘(h) SAVINGS CLAUSE.—Nothing in this Act the repository if the Commission determines expose an average member of the general shall affect the Commission’s procedures for that the repository has been constructed and population in the vicinity of the Yucca the licensing of any technology for the dry will operate— Mountain site to an annual dose in excess of storage of spent nuclear fuel at the site of ‘‘(A) in conformity with the Secretary’s 100 millirems unless the Commission deter- any civilian nuclear power reactor as adopt- application, the provisions of this Act, and mines by rule that such standard would con- ed by the Commission under section 218 of the regulations of the Commission; stitute an unreasonable risk to health and the Nuclear Waste Policy Act of 1982, as in ‘‘(B) without unreasonable risk to the safety and establishes by rule another stand- effect prior to the enactment of the Nuclear health and safety of the public; and ard which will protect health and safety. Waste Policy Act of 1997. The establishment ‘‘(C) consistent with the common defense Such standard shall constitute an overall of such procedures shall not preclude the li- and security. system performance standard. censing, under any applicable procedures or ‘‘(3) CLOSURE.—After emplacing spent nu- ‘‘(B) APPLICATION OF OVERALL SYSTEM PER- rules of the Commission in effect prior to clear fuel and high-level radioactive waste in FORMANCE STANDARD.—The Commission shall such establishment, of any technology for the repository and collecting sufficient con- issue the license if it finds reasonable assur- the storage of civilian spent nuclear fuel at firmatory data on repository performance to ance that— the site of any civilian nuclear power reac- reasonably confirm the basis for repository ‘‘(i) for the first 1,000 years following the tor. closure consistent with the Commission’s commencement of repository operations, the ‘‘SEC. 205. PERMANENT DISPOSAL. regulations applicable to the licensing of a overall system performance standard will be ‘‘(a) SITE CHARACTERIZATION.— repository, as modified in accordance with met based on a deterministic or probabilistic ‘‘(1) GUIDELINES.—The guidelines promul- this Act, the Secretary shall apply to the evaluation of the overall performance of the gated by the Secretary and published at 10 Commission to amend the license to permit disposal system; and CFR part 960 are annulled and revoked and permanent closure of the repository. The ‘‘(ii) for the period commencing after the the Secretary shall make no assumptions or Commission shall grant such license amend- first 1,000 years of operation of the reposi- conclusions about the licensability of the ment upon finding that there is reasonable tory and terminating at 10,000 years after the Yucca Mountain site as a repository by ref- assurance that the repository can be perma- commencement of operation of the reposi- erence to such guidelines. nently closed— tory, there is likely to be compliance with ‘‘(2) SITE CHARACTERIZATION ACTIVITIES.— ‘‘(A) in conformity with the Secretary’s the overall system performance standard The Secretary shall carry out appropriate application to amend the license, the provi- based on regulatory insight gained through site characterization activities at the Yucca sions of this Act, and the regulations of the the use of a probabilistic integrated perform- Mountain site in accordance with the Sec- Commission; ance model that uses best estimate assump- retary’s program approach to site character- ‘‘(B) without unreasonable risk to the tions, data, and methods. ization if the Secretary modifies or elimi- health and safety of the public; and ‘‘(2) HUMAN INTRUSION.—The Commission nates those site characterization activities ‘‘(C) consistent with the common defense shall assume that, following repository clo- designed to demonstrate the suitability of and security. sure, the inclusion of engineered barriers and the site under the guidelines referenced in ‘‘(4) POST-CLOSURE.—The Secretary shall the Secretary’s post-closure actions at the paragraph (1). take those actions necessary and appropriate Yucca Mountain site, in accordance with ‘‘(3) DATE.—No later than December 31, at the Yucca Mountain site to prevent any subsection (b)(3), shall be sufficient to— 2002, the Secretary shall apply to the Com- activity at the site subsequent to repository ‘‘(A) prevent any human activity at the mission for authorization to construct a re- closure that poses an unreasonable risk of— site that poses an unreasonable risk of pository that will commence operations no ‘‘(A) breaching the repository’s engineered breaching the repository’s engineered or geo- later than January 17, 2010. If, at any time or geologic barriers: or logic barriers; and October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9685 ‘‘(B) prevent any increase in the exposure tory and activities associated with the pur- ‘‘SEC. 303. CONTENT OF AGREEMENTS. of individual members of the public to radi- poses of this title. ‘‘(a) IN GENERAL.— ation beyond allowable limits as specified in ‘‘(b) LAND DESCRIPTION.— ‘‘(1) SCHEDULE.—The Secretary shall make paragraph (1). ‘‘(1) BOUNDARIES.—The boundaries depicted payments to the party of a benefits agree- ‘‘(e) NATIONAL ENVIRONMENTAL POLICY on the map entitled ‘Interim Storage Facil- ment under section 302(a) in accordance with ACT.— ity Site Withdrawal Map,’ dated July 28, the following schedule: ‘‘(1) SUBMISSION OF STATEMENT.—Construc- 1995, and on file with the Secretary, are es- ‘‘BENEFITS SCHEDULE tion and operation of the repository shall be tablished as the boundaries of the Interim considered a major Federal action signifi- Storage Facility site. [Amounts in millions] cantly affecting the quality of the human en- ‘‘(2) BOUNDARIES.—The boundaries depicted vironment for purposes of the National Envi- on the map entitled ‘Yucca Mountain Site Event County ronmental Policy Act of 1969 (42 U.S.C. 4321 Withdrawal Map,’ dated July 28, 1995, and on et seq.). The Secretary shall submit an envi- file with the Secretary, are established as (A) Annual payments prior to first receipt of fuel ...... $2.5 ronmental impact statement on the con- the boundaries of the Yucca Mountain site. (B) Upon first spent fuel receipt ...... $5 struction and operation of the repository to ‘‘(3) NOTICE AND MAPS.—Within 6 months of (C) Annual payments after first spent fuel receipt the Commission with the application for con- the date of enactment of this Act, the Sec- until closure of facility ...... $5 struction authorization. retary shall— ‘‘(2) DEFINITIONS.—For purposes of this sec- ‘‘(2) CONSIDERATIONS.—For purposes of ‘‘(A) publish in the Federal Register a no- tion, the term— complying with the requirements of the Na- tice containing a legal description of the in- ‘‘(A) ‘spent fuel’ means high-level radio- tional Environmental Policy Act of 1969 and terim storage facility site; and active waste or spent nuclear fuel; and this section, the Secretary shall not consider ‘‘(B) file copies of the maps described in ‘‘(B) ‘first spent fuel receipt’ does not in- in the environmental impact statement the paragraph (1), and the legal description of clude receipt of spent fuel or high-level ra- need for the repository, alternative sites or the interim storage facility site with the dioactive waste for purposes of testing or designs for the repository, the time of the Congress, the Secretary of the Interior, the operational demonstration. initial availability of the repository, or any Governor of Nevada, and the Archivist of the ‘‘(3) ANNUAL PAYMENTS.—Annual payments alternatives to the isolation of spent nuclear United States. prior to first spent fuel receipt under line (A) fuel and high-level radioactive waste in a re- ‘‘(4) NOTICE AND MAPS.—Concurrent with of the benefit schedule shall be made on the pository. the Secretary’s application to the Commis- date of execution of the benefits agreement ‘‘(3) ADOPTION BY COMMISSION.—The Sec- sion for authority to construct the reposi- and thereafter on the anniversary date of retary’s environmental impact statement tory, the Secretary shall— such execution. Annual payments after the and any supplements thereto shall, to the ex- ‘‘(A) publish in the Federal Register a no- first spent fuel receipt until closure of the tent practicable, be adopted by the Commis- tice containing a legal description of the facility under line (C) of the benefit schedule sion in connection with the issuance by the Yucca Mountain site; and shall be made on the anniversary date of Commission of a construction authorization ‘‘(B) file copies of the maps described in such first spent fuel receipt. under subsection (b)(1), a license under sub- paragraph (2), and the legal description of ‘‘(4) REDUCTION.—If the first spent fuel pay- section (b)(2), or a license amendment under the Yucca Mountain site with the Congress, ment under line (B) is made within 6 months subsection (b)(3). To the extent such state- the Secretary of the Interior, the Governor after the last annual payment prior to the ment or supplement is adopted by the Com- of Nevada, and the Archivist of the United receipt of spent fuel under line (A) of the mission, such adoption shall be deemed to States. benefit schedule, such first spent fuel pay- also satisfy the responsibilities of the Com- ‘‘(5) CONSTRUCTION.—The maps and legal ment under line (B) of the benefit schedule mission under the National Environmental descriptions of the interim storage facility shall be reduced by an amount equal to 1⁄12 of Policy Act of 1969, and no further consider- site and the Yucca Mountain site referred to such annual payment under line (A) of the ation shall be required, except that nothing in this subsection shall have the same force benefit schedule for each full month less in this subsection shall affect any independ- and effect as if they were included in this than 6 that has not elapsed since the last an- ent responsibilities of the Commission to Act. The Secretary may correct clerical and nual payment under line (A) of the benefit protect the public health and safety under typographical errors in the maps and legal schedule. the Atomic Energy Act of 1954 (42 U.S.C. 2011 descriptions and make minor adjustments in ‘‘(b) CONTENTS.—A benefits agreement et seq.). In any such statement prepared with the boundaries of the sites. under section 302 shall provide that— respect to the repository, the Commission ‘‘TITLE III—LOCAL RELATIONS ‘‘(1) the parties to the agreement shall shall not consider the need for a repository, ‘‘SEC. 301. ON-SITE REPRESENTATIVE. share with one another information relevant the time of initial availability of the reposi- The Secretary shall offer to Nye County, to the licensing process for the interim stor- tory, alternate sites to the Yucca Mountain Nevada, an opportunity to designate a rep- age facility or repository, as it becomes site, or nongeologic alternatives to such site. resentative to conduct on-site oversight ac- available; and ‘‘(f) JUDICIAL REVIEW.—No court shall have tivities at such site. Reasonable expenses of ‘‘(2) the affected unit of local government jurisdiction to enjoin issuance of the Com- such representatives shall be paid by the that is party to such agreement may com- mission repository licensing regulations Secretary. ment on the development of the integrated prior to its final decision on review of such ‘‘SEC. 302. BENEFITS AGREEMENTS. management system and on documents re- regulations. ‘‘(a) IN GENERAL.— quired under law or regulations governing ‘‘SEC. 206. LAND WITHDRAWAL. ‘‘(1) SEPARATE AGREEMENTS.—The Sec- the effects of the system on the public health ‘‘(a) WITHDRAWAL AND RESERVATION.— retary shall offer to enter into separate and safety. ‘‘(1) WITHDRAWAL.—Subject to valid exist- agreements with Nye County, Nevada, and ‘‘(c) CONSTRUCTION.—The signature of the ing rights, the interim storage facility site Lincoln County, Nevada, concerning the in- Secretary on a valid benefits agreement and the Yucca Mountain site, as described in tegrated management system. under section 302 shall constitute a commit- subsection (b), are withdrawn from all forms ‘‘(2) AGREEMENT CONTENT.—Any agreement ment by the United States to make pay- of entry, appropriation, and disposal under shall contain such terms and conditions, in- ments in accordance with such agreement. the public land laws, including the mineral cluding such financial and institutional ar- ‘‘SEC. 304. ACCEPTANCE OF BENEFITS. leasing laws, the geothermal leasing laws, rangements, as the Secretary and agreement ‘‘(a) CONSENT.—The acceptance or use of the material sale laws, and the mining laws. entity determine to be reasonable and appro- any of the benefits provided under this title Withdrawal under this paragraph shall ex- priate and shall contain such provisions as by any affected unit of local government pire at the beginning of the year 2012 if the are necessary to preserve any right to par- shall not be deemed to be an expression of interim storage facility site is not used in ticipation or compensation of Nye County, consent, express, or denied, either under the accordance with section 204(c)(2) and other Nevada, and Lincoln County, Nevada. Constitution of the State of Nevada or any provisions of this Act. After the expiration ‘‘(b) AMENDMENT.—An agreement entered law thereof, to the siting of the interim stor- of the withdrawal, the sites will return to into under subsection (a) may be amended age facility or repository in the State of Ne- the Federal agency which had jurisdiction only with the mutual consent of the parties vada, any provision of such Constitution or over them before the withdrawal and for the to the amendment and terminated only in laws to the contrary notwithstanding. purposes previously used. accordance with subsection (c). ‘‘(b) ARGUMENTS.—Neither the United ‘‘(2) JURISDICTION.—Jurisdiction of any ‘‘(c) TERMINATION.—The Secretary shall States nor any other entity may assert any land within the interim storage facility site terminate an agreement under subsection (a) argument based on legal or equitable estop- and the Yucca Mountain site managed by the if any element of the integrated manage- pel, or acquiescence, or waiver, or consensual Secretary of the Interior or any other Fed- ment system may not be completed. involvement, in response to any decision by eral officer is transferred to the Secretary. ‘‘(d) LIMITATION.—Only 1 agreement each the State of Nevada, to oppose the siting in ‘‘(3) RESERVATION.—The interim storage fa- for Nye County, Nevada, and Lincoln Coun- Nevada of the interim storage facility or re- cility site and the Yucca Mountain site are ty, Nevada, may be in effect at any one time. pository premised upon or related to the ac- reserved for the use of the Secretary for the ‘‘(e) JUDICIAL REVIEW.—Decisions of the ceptance or use of benefits under this title. construction and operation, respectively, of Secretary under this section are not subject ‘‘(c) LIABILITY.—No liability of any nature the interim storage facility and the reposi- to judicial review. shall accrue to be asserted against the State H9686 CONGRESSIONAL RECORD — HOUSE October 29, 1997 of Nevada, its Governor, any official thereof, Map 1: City of Caliente, Parcels A, B, C and allocating appropriated funds among com- or any official of any governmental unit D, Community Growth, Landfill Expansion peting requirements under the Nuclear thereof, premised solely upon the acceptance and Community Recreation Sites Waste Policy Act of 1997, shall accord— or use of benefits under this title. Map 2: City of Caliente, Parcel M, Indus- ‘‘(I) the activities leading to an operating ‘‘SEC. 305. RESTRICTION ON USE OF FUNDS. trial Park Site, jointly with Lincoln County. repository the highest priority; and ‘‘None of the funding provided under sec- ‘‘(c) NATIONAL ENVIRONMENTAL POLICY ACT ‘‘(II) the activities leading to an operating tion 303 may be used— OF 1969.—The activities of the Secretary and interim storage facility under section 204 the ‘‘(1) directly or indirectly to influence leg- the head of any other Federal agency in con- next highest priority; and islative action on any matter pending before nection with subsections (a) and (b) shall be ‘‘(ii) the Commission, for purposes of pre- Congress or a State legislature or for any considered preliminary decision making ac- paring annual requests for appropriations lobbying activity as provided in section 1913 tivities. No such activity shall require the and allocating appropriated funds among preparation of an environmental impact of title 18, United States Code; competing requirements under the Nuclear statement under section 102(2)(C) of the Na- ‘‘(2) for litigation purposes; and Waste Policy Act of 1997, shall accord— tional Environmental Policy Act of 1969 (42 ‘‘(3) to support multistate efforts or other ‘‘(I) the activities leading to an operating U.S.C. 4332(2)(C)) or any environmental re- coalition-building activities inconsistent repository the highest priority; and view under subparagraph (E) or (F) of section with the purposes of this Act. ‘‘(II) the activities leading to an operating 102(2) of such Act. interim storage facility under section 204 the ‘‘SEC. 306. INITIAL LAND CONVEYANCES. ‘‘TITLE IV—FUNDING AND ORGANIZATION next highest priority. ‘‘(a) CONVEYANCE OF PUBLIC LANDS.—With- ‘‘(D) RULES.—The Secretary shall, by rule, in 120 days of the date of enactment of this ‘‘SEC. 401. PROGRAM FUNDING. establish procedures necessary to implement Act, the Secretary of the Interior, or other ‘‘(a) CONTRACTS.— this paragraph. agency with jurisdiction over the public ‘‘(1) AUTHORITY OF SECRETARY.—In the per- ‘‘(3) ONE-TIME FEE.—The one-time fee col- lands described in subsection (b), shall con- formance of the Secretary’s functions under this Act, the Secretary is authorized to enter lected under contracts executed under sec- vey the public lands described in subsection into contracts with any person who gen- tion 302(a) of the Nuclear Waste Policy Act (b) to the appropriate county, unless the erates or holds title to spent nuclear fuel or of 1982 before the date of enactment of this county notifies the Secretary of the Interior high-level radioactive waste of domestic ori- Act on spent nuclear fuel, or high-level ra- or the head of such other appropriate agency gin for the acceptance of title and posses- dioactive waste derived from spent nuclear in writing within 60 days of such date of en- sion, transportation, interim storage, and fuel, which fuel was used to generate elec- actment that it elects not to take title to all disposal of such spent fuel or waste upon the tricity in a civilian nuclear power reactor or any part of the property, except that any payment of fees in accordance with para- before April 7, 1983, shall be paid to the lands conveyed to the County of Nye, County graphs (2) and (3). Fees assessed pursuant to Treasury. The Secretary shall collect all of Lincoln, or the City of Caliente under this this paragraph shall be paid to the Treasury such fees before the expiration of fiscal year subsection that are subject to a Federal of the United States and shall be available 2002. The Commission shall suspend the li- grazing permit or a similar federally granted for use by the Secretary pursuant to this sec- cense of any licensee who fails or refuses to privilege shall be conveyed between 60 and tion until expended. pay the full amount of the fee referred to in 120 days of the earliest time the Federal ‘‘(2) ANNUAL FEES.— this paragraph and the license shall remain agency administering or granting the privi- ‘‘(A) ELECTRICITY.—Under a contract en- suspended until the full amount of the fee re- lege would be able to legally terminate such tered into under paragraph (1) there shall be ferred to in this paragraph is paid. In paying privilege under the statutes and regulations a fee for electricity generated by civilian nu- such a fee, the person delivering such spent existing at the date of enactment of this Act, clear power reactors and sold on or after the nuclear fuel or high-level radioactive wastes, unless the Federal agency, county or city, date of enactment of this Act. The aggregate to the Secretary shall have no further finan- and the affected holder of the privilege nego- amount of such fees collected during each cial obligation under this paragraph to the tiate an agreement that allows for an earlier fiscal year shall be no greater than the an- Federal Government for the long-term stor- conveyance. nual level of appropriations for expenditures age and permanent disposal of such spent nu- ‘‘(b) SPECIAL CONVEYANCES.—Subject to on the possession, transportation, interim clear fuel or high-level radioactive waste. valid existing rights and notwithstanding storage, and disposal of such spent fuel or ‘‘(b) ADVANCE CONTRACTING REQUIRE- any other law, the Secretary of the Interior waste consistent with subsection (d) for that MENT.— or the head of the other appropriate agency ‘‘(1) IN GENERAL.— fiscal year, minus— shall convey: ‘‘(A) LICENSE ISSUANCE AND RENEWAL.—The ‘‘(i) any unobligated balance of fees col- ‘‘(1) To the County of Nye, Nevada, the fol- Commission shall not issue or renew a li- lected during the previous fiscal year; lowing public lands depicted on the maps cense to any person to use a utilization or ‘‘(ii) such appropriations required to be dated October 11, 1995, and on file with the production facility under the authority of funded by the Federal Government pursuant Secretary: section 103 or 104 of the Atomic Energy Act to section 403; and Map 1: Proposed Pahrump Industrial Park of 1954 (42 U.S.C. 2133, 2134) unless— ‘‘(iii) the amount of one-time fees received Site ‘‘(i) such person has entered into a con- pursuant to paragraph (3). Map 2: Proposed Lathrop Wells (Gate 510) tract under subsection (a) with the Sec- Industrial Park Site The Secretary shall determine the level of retary; or Map 3: Pahrump Landfill Sites the annual fee for each civilian nuclear ‘‘(ii) the Secretary affirms in writing that Map 4: Amargosa Valley Regional Landfill power reactor based on the amount of elec- such person is actively and in good faith ne- Site tricity generated and sold, except that the gotiating with the Secretary for a contract Map 5: Amargosa Valley Municipal Land- annual fee shall not exceed 1.0 mill per kilo- under subsection (a). fill Site watt-hour generated and sold. Fees assessed ‘‘(B) PRECONDITION.—The Commission, as it Map 6: Beatty Landfill/Transfer station pursuant to this subparagraph shall be paid deems necessary or appropriate, may require Site to the Treasury of the United States and as a precondition to the issuance or renewal Map 7: Round Mountain Landfill Site shall be available for use by the Secretary of a license under section 103 or 104 of the Map 8: Tonopah Landfill Site pursuant to this section until expended. Atomic Energy Act of 1954 (42 U.S.C. 2133, Map 9: Gabbs Landfill Site. ‘‘(B) EXPENDITURES IF SHORTFALL.—If, dur- 2134) that the applicant for such license shall ‘‘(2) To the County of Lincoln, Nevada, the ing any fiscal year, the aggregate amount of have entered into an agreement with the following public lands depicted on the maps fees assessed pursuant to subparagraph (A) is Secretary for the disposal of spent nuclear dated October 11, 1995, and on file with the less than the annual level of appropriations fuel and high-level radioactive waste that Secretary: for expenditures on those activities specified may result from the use of such license. Map 2: Lincoln County, Parcel M, Indus- in subsection (d) for that fiscal year, minus— ‘‘(2) DISPOSAL IN REPOSITORY.—Except as trial Park Site, Jointly with the City of ‘‘(i) any unobligated balance collected pur- provided in paragraph (1), no spent nuclear Caliente suant to this section during the previous fis- fuel or high-level radioactive waste gen- Map 3: Lincoln County, Parcels F and G, cal year; erated or owned by any person (other than a Mixed Use, Industrial Sites ‘‘(ii) such appropriations required to be department of the United States referred to Map 4: Lincoln County, Parcels H and I, funded by the Federal Government pursuant in section 101 or 102 of title 5, United States Mixed Use and Airport Expansion Sites to section 403; and Code) may be disposed of by the Secretary in Map 5: Lincoln County, Parcels J and K, ‘‘(iii) the amount of one-time fees received the repository unless the generator or owner Mixed Use, Airport and Landfill Expansion pursuant to paragraph (3). of such spent fuel or waste has entered into Sites the Secretary may make expenditures from a contract under subsection (a) with the Sec- Map 6: Lincoln County, Parcels E and L, the Nuclear Waste Fund up to the level of retary by not later than the date on which Mixed Use, Airport and Industrial Expansion the fees assessed. such generator or owner commences genera- Sites. ‘‘(C) BUDGET PRIORITIES IF SHORTFALL.—If, tion of, or takes title to, such spent fuel or ‘‘(3) To the City of Caliente, Nevada, the during any fiscal year, the provisions of sub- waste. following public lands depicted on the maps paragraph (B) come into effect— ‘‘(3) ASSIGNMENT.—The rights and duties of dated October 11, 1995, and on file with the ‘‘(i) the Secretary, for purposes of prepar- a party to a contract entered into under this Secretary: ing annual requests for appropriations and section may be assignable with transfer of October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9687

title to the spent nuclear fuel or high-level ‘‘(1) BUDGET.—The Secretary shall submit States Code, the Secretary shall issue a final radioactive waste involved. the budget for implementation of the Sec- rule establishing the appropriate portion of ‘‘(4) DISPOSAL CONDITION.—No spent nuclear retary’s responsibilities under this Act to the costs of managing spent nuclear fuel and fuel or high-level radioactive waste gen- the Office of Management and Budget tri- high-level radioactive waste under this Act erated or owned by any department of the ennially along with the budget of the De- allocable to the interim storage or perma- United States referred to in section 101 or 102 partment of Energy submitted at such time nent disposal of spent nuclear fuel, high- of title 5, United States Code, may be stored in accordance with chapter 11 of title 31, level radioactive waste from atomic energy or disposed of by the Secretary at the in- United States Code. The budget shall consist defense activities, and spent nuclear fuel terim storage facility or repository in the in- of the estimates made by the Secretary of from foreign research reactors. The share of tegrated management system developed expenditures under this Act and other rel- costs allocable to the management of spent under this Act unless, in each fiscal year, evant financial matters for the succeeding 3 nuclear fuel, high-level radioactive waste such department funds its appropriate por- fiscal years, and shall be included in the from atomic energy defense activities, and tion of the costs of such storage and disposal budget of the United States Government. spent nuclear fuel from foreign research re- as specified in section 403. ‘‘(2) APPROPRIATIONS.—Appropriations actors shall include— ‘‘(c) NUCLEAR WASTE FUND.— shall be subject to triennial authorization. ‘‘(1) an appropriate portion of the costs as- ‘‘(1) IN GENERAL.—The Nuclear Waste Fund During each fiscal year, the Secretary may sociated with research and development ac- established in the Treasury of the United make expenditures, up to the level of appro- tivities with respect to development of the States under section 302(c) of the Nuclear priations, out of the funds collected pursuant interim storage facility and repository; and Waste Policy Act of 1982 shall continue in ef- to this section and section 403, if the Sec- ‘‘(2) interest on the principal amounts due fect under this Act and shall consist of— retary transmits the amounts appropriated calculated by reference to the appropriate ‘‘(A) all receipts, proceeds, and recoveries for implementation of this Act to the Com- Treasury bill rate as if the payments were realized by the Secretary before the date of mission and the Nuclear Waste Technical Re- made at a point in time consistent with the enactment of this Act; view Board in appropriate proportion to the payment dates for spent nuclear fuel and ‘‘(B) any appropriations made by the Con- collection of such funds. high-level radioactive waste under the con- gress before the date of enactment of the Nu- ‘‘(g) EFFECTIVE DATE.—This section shall tracts. clear Waste Policy Act of 1997 to the Nuclear take effect October 1, 1998. ‘‘(b) APPROPRIATION REQUEST.—In addition Waste Fund; and ‘‘SEC. 402. OFFICE OF CIVILIAN RADIOACTIVE to any request for an appropriation from the ‘‘(C) all interest paid on amounts invested WASTE MANAGEMENT. Nuclear Waste Fund, the Secretary shall re- by the Secretary of the Treasury under para- ‘‘(a) CONTINUATION OF OFFICE OF CIVILIAN quest annual appropriations from general graph (3)(B). RADIOACTIVE WASTE MANAGEMENT.—The Of- revenues in amounts sufficient to pay the ‘‘(2) USE.—The Nuclear Waste Fund shall fice of Civilian Radioactive Waste Manage- costs of the management of spent nuclear be used only for purposes of the integrated ment established under section 304(a) of the fuel and high-level radioactive waste from management system. Nuclear Waste Policy Act of 1982 as con- atomic energy defense activities as estab- ‘‘(3) ADMINISTRATION OF NUCLEAR WASTE stituted prior to the date of enactment of lished under subsection (a). FUND.— this Act, shall continue in effect subsequent ‘‘(c) REPORT.—In conjunction with the an- ‘‘(A) IN GENERAL.—The Secretary of the to the date of enactment of this Act. nual report submitted to Congress under sec- Treasury shall hold the Nuclear Waste Fund ‘‘(b) FUNCTIONS OF DIRECTOR.—The Director tion 702, the Secretary shall advise the Con- and, after consultation with the Secretary, of the Office shall be responsible for carrying gress annually of the amount of spent nu- annually report to the Congress on the finan- out the functions of the Secretary under this clear fuel and high-level radioactive waste cial condition and operations of the Nuclear Act, subject to the general supervision of the from atomic energy defense activities requir- Waste Fund during the preceding fiscal year. Secretary. The Director of the Office shall be ing management in the integrated manage- ‘‘(B) AMOUNTS IN EXCESS OF CURRENT directly responsible to the Secretary. ment system. NEEDS.—If the Secretary determines that the ‘‘(c) AUDITS.— ‘‘(d) AUTHORIZATION.—There is authorized Nuclear Waste Fund contains at any time ‘‘(1) STANDARD.—The Office of Civilian Ra- to be appropriated to the Secretary, from amounts in excess of current needs, the Sec- dioactive Waste Management, its contrac- general revenues, for carrying out the pur- retary may request the Secretary of the tors, and subcontractors at all tiers, shall poses of this Act, such sums as may be nec- Treasury to invest such amounts, or any por- conduct, or have conducted, audits and ex- essary to pay the costs of the management of tion of such amounts as the Secretary deter- aminations of their operations in accordance spent nuclear fuel and high-level radioactive mines to be appropriate, in obligations of the with the usual and customary practices of waste from atomic energy defense activities United States— private corporations engaged in large nu- as established under subsection (a). ‘‘(i) having maturities determined by the clear construction projects consistent with ‘‘TITLE V—GENERAL AND Secretary of the Treasury to be appropriate its role in the program. MISCELLANEOUS PROVISIONS to the needs of the Nuclear Waste Fund; and ‘‘(2) TIME.—The management practices and ‘‘SEC. 501. COMPLIANCE WITH OTHER LAWS. ‘‘(ii) bearing interest at rates determined performances of the Office of Civilian Radio- ‘‘If the requirements of any law (other to be appropriate by the Secretary of the active Waste Management shall be audited than the Federal Lands Policy Management Treasury, taking into consideration the cur- every 5 years by an independent manage- Act of 1976, the Endangered Species Act of rent average market yield on outstanding ment consulting firm with significant expe- 1973, the Migratory Bird Treaty Act of 1918, marketable obligations of the United States rience in similar audits of private corpora- and the Federal Water Pollution Control Act with remaining periods to maturity com- tions engaged in large nuclear construction as such Acts pertain to fish and wildlife and parable to the maturities of such invest- projects. The first such audit shall be con- wetlands) are inconsistent with or duplica- ments, except that the interest rate on such ducted 5 years after the date of enactment of tive of the requirements of the Atomic En- investments shall not exceed the average in- this Act. ergy Act and this Act of 1954 (42 U.S.C. 2011 terest rate applicable to existing borrowings. ‘‘(3) COMPTROLLER GENERAL.—The Comp- et seq.), the Secretary shall comply only ‘‘(C) EXEMPTION.—Receipts, proceeds, and troller General of the United States shall an- with the requirements of the Atomic Energy recoveries realized by the Secretary under nually make an audit of the Office, in ac- Act of 1954 and this Act in implementing the this section, and expenditures of amounts cordance with such regulations as the Comp- integrated management system. Any re- from the Nuclear Waste Fund, shall be ex- troller General may prescribe. The Comp- quirement of a State or political subdivision empt from annual apportionment under the troller General shall have access to such of a State is preempted if— provisions of subchapter II of chapter 15 of books, records, accounts, and other mate- ‘‘(1) complying with such requirement and title 31, United States Code. rials of the Office as the Comptroller General a requirement of this Act is impossible; or ‘‘(d) USE OF APPROPRIATED FUNDS.—During determines to be necessary for the prepara- ‘‘(2) such requirement, as applied or en- each fiscal year, the Secretary may make ex- tion of such audit. The Comptroller General forced, is an obstacle to accomplishing or penditures of funds collected after the date shall submit to the Congress a report on the carrying out this Act or a regulation under of enactment of this Act under this section results of each audit conducted under this this Act. and section 403, up to the level of appropria- section. ‘‘SEC. 502. WATER RIGHTS. tions for that fiscal year pursuant to sub- ‘‘(4) TIME.—No audit contemplated by this ‘‘(a) NO FEDERAL RESERVATION.—Nothing section (f) only for purposes of the integrated subsection shall take longer than 30 days to in this Act or any other Act of Congress management system. conduct. An audit report shall be issued in shall constitute or be construed to con- ‘‘(e) PROHIBITION ON USE OF APPROPRIA- final form no longer than 60 days after the stitute either an express or implied Federal TIONS AND NUCLEAR WASTE FUND.—The Sec- audit is commenced. reservation of water or water rights for any retary shall not make expenditures of funds ‘‘(5) PUBLIC DOCUMENTS.—All audit reports purpose arising under this Act. collected pursuant to this section or section shall be public documents and available to ‘‘(b) ACQUISITION AND EXERCISE OF WATER 403 to design or construct systems and com- any individual upon request. RIGHTS UNDER NEVADA LAW.—The United ponents for the transportation, storage, or ‘‘SEC. 403. DEFENSE CONTRIBUTION. States may acquire and exercise such water disposal of spent nuclear fuel from civilian ‘‘(a) ALLOCATION.—No later than one year rights as it deems necessary to carry out its nuclear power reactors. from the date of enactment of this Act, act- responsibilities under this Act pursuant to ‘‘(f) APPROPRIATIONS.— ing pursuant to section 553 of title 5, United the substantive and procedural requirements H9688 CONGRESSIONAL RECORD — HOUSE October 29, 1997 of the State of Nevada. Nothing in this Act to submit in written form, at the time of the cumstances that excuse the failure to shall be construed to authorize the use of oral argument, a summary of the facts, data, present a timely objection; and eminent domain by the United States to ac- and arguments upon which such party pro- ‘‘(2) the court finds that such failure has quire water rights for such lands. poses to rely that are known at such time to precluded a fair consideration and informed ‘‘(c) EXERCISE OF WATER RIGHTS GEN- such party. Only facts and data in the form resolution of a significant issue of the pro- ERALLY UNDER NEVADA LAWS.—Nothing in of sworn testimony or written submission ceeding taken as a whole. this Act shall be construed to limit the exer- may be relied upon by the parties during oral ‘‘SEC. 505. SITING A SECOND REPOSITORY. cise of water rights as provided under Ne- argument. Of the materials that may be sub- ‘‘(a) CONGRESSIONAL ACTION REQUIRED.— vada State laws. mitted by the parties during oral argument, The Secretary may not conduct site-specific ‘‘SEC. 503. JUDICIAL REVIEW OF AGENCY AC- the Commission shall only consider those activities with respect to a second repository TIONS. facts and data that are submitted in the unless Congress has specifically authorized ‘‘(a) JURISDICTION OF UNITED STATES form of sworn testimony or written submis- and appropriated funds for such activities. COURTS OF APPEALS.— sion. ‘‘(b) REPORT.—The Secretary shall report ‘‘(b) ADJUDICATORY HEARING.— ‘‘(1) ORIGINAL AND EXCLUSIVE JURISDIC- to the President and to Congress on or after ‘‘(1) DESIGNATION.—At the conclusion of January 1, 2007, but not later than January 1, TION.—Except for review in the Supreme Court of the United States, and except as any oral argument under subsection (a), the 2010, on the need for a second repository. otherwise provided in this Act, the United Commission shall designate any disputed ‘‘SEC. 506. FINANCIAL ARRANGEMENTS FOR LOW- LEVEL RADIOACTIVE WASTE SITE States courts of appeals shall have original question of fact, together with any remain- ing questions of law, for resolution in an ad- CLOSURE. and exclusive jurisdiction over any civil ac- judicatory hearing only if it determines ‘‘(a) FINANCIAL ARRANGEMENTS.— tion— that— ‘‘(1) STANDARDS AND INSTRUCTIONS.—The ‘‘(A) for review of any final decision or ac- ‘‘(A) there is a genuine and substantial dis- Commission shall establish by rule, regula- tion of the Secretary, the President, or the pute of fact which can only be resolved with tion, or order, after public notice, and in ac- Commission under this Act; sufficient accuracy by the introduction of cordance with section 181 of the Atomic En- ‘‘(B) alleging the failure of the Secretary, evidence in an adjudicatory hearing; and ergy Act of 1954 (42 U.S.C. 2231), such stand- the President, or the Commission to make ‘‘(B) the decision of the Commission is ards and instructions as the Commission any decision, or take any action, required likely to depend in whole or in part on the may deem necessary or desirable to ensure in under this Act; resolution of such dispute. the case of each license for the disposal of ‘‘(C) challenging the constitutionality of ‘‘(2) DETERMINATION.—In making a deter- low-level radioactive waste that an adequate any decision made, or action taken, under mination under this subsection, the Commis- bond, surety, or other financial arrangement any provision of this Act; or sion— (as determined by the Commission) will be ‘‘(D) for review of any environmental im- ‘‘(A) shall designate in writing the specific provided by a licensee to permit completion pact statement prepared or environmental facts that are in genuine and substantial dis- of all requirements established by the Com- assessment made pursuant to the National pute, the reason why the decision of the mission for the decontamination, decommis- Environmental Policy Act of 1969 (42 U.S.C. agency is likely to depend on the resolution sioning, site closure, and reclamation of 4321 et seq.) with respect to any action under of such facts, and the reason why an adju- sites, structures, and equipment used in con- this Act or alleging a failure to prepare such dicatory hearing is likely to resolve the dis- junction with such low-level radioactive statement with respect to any such action. pute; and waste. Such financial arrangements shall be ‘‘(2) VENUE.—The venue of any proceeding ‘‘(B) shall not consider— provided and approved by the Commission, under this section shall be in the judicial cir- ‘‘(i) any issue relating to the design, con- or, in the case of sites within the boundaries cuit in which the petitioner involved resides struction, or operation of any civilian nu- of any agreement State under section 274 of or has its principal office, or in the United clear power reactor already licensed to oper- the Atomic Energy Act of 1954 (42 U.S.C. States Court of Appeals for the District of ate at such site, or any civilian nuclear 2021), by the appropriate State or State en- Columbia. power reactor to which a construction per- tity, prior to issuance of licenses for low- ‘‘(b) DEADLINE FOR COMMENCING ACTION.—A mit has been granted at such site, unless the level radioactive waste disposal or, in the civil action for judicial review described Commission determines that any such issue case of licenses in effect on January 7, 1983, under subsection (a)(1) may be brought no substantially affects the design, construc- prior to termination of such licenses. later than 180 days after the date of the deci- tion, or operation of the facility or activity ‘‘(2) BONDING, SURETY, OR OTHER FINANCIAL sion or action or failure to act involved, as for which such license application, author- ARRANGEMENTS.—If the Commission deter- the case may be, except that if a party shows ization, or amendment is being considered; mines that any long-term maintenance or that the party did not know of the decision or monitoring, or both, will be necessary at a or action complained of or of the failure to ‘‘(ii) any siting or design issue fully consid- site described in paragraph (1), the Commis- act, and that a reasonable person acting ered and decided by the Commission in con- sion shall ensure before termination of the under the circumstances would not have nection with the issuance of a construction license involved that the licensee has made known of such decision, action, or failure to permit or operating license for a civilian nu- available such bonding, surety, or other fi- act, such party may bring a civil action no clear power reactor at such site, unless— nancial arrangements as may be necessary later than 180 days after the date such party ‘‘(I) such issue results from any revision of to ensure that any necessary long-term acquired actual or constructive knowledge of siting or design criteria by the Commission maintenance or monitoring needed for such such decision, action, or failure to act. following such decision; and site will be carried out by the person having ‘‘(c) APPLICATION OF OTHER LAW.—The pro- ‘‘(II) the Commission determines that such title and custody for such site following li- visions of this section relating to any matter issue substantially affects the design, con- cense termination. shall apply in lieu of the provisions of any struction, or operation of the facility or ac- ‘‘(b) TITLE AND CUSTODY.— other Act relating to the same matter. tivity for which such license application, au- ‘‘(1) AUTHORITY OF SECRETARY.—The Sec- ‘‘SEC. 504. LICENSING OF FACILITY EXPANSIONS thorization, or amendment is being consid- retary shall have authority to assume title AND TRANSSHIPMENTS. ered. and custody of low-level radioactive waste ‘‘(a) ORAL ARGUMENT.—In any Commission ‘‘(3) APPLICATION.—The provisions of para- and the land on which such waste is disposed hearing under section 189 of the Atomic En- graph (2)(B) shall apply only with respect to of, upon request of the owner of such waste ergy Act of 1954 (42 U.S.C. 2239) on an appli- licenses, authorizations, or amendments to and land and following termination of the li- cation for a license, or for an amendment to licenses or authorizations, applied for under cense issued by the Commission for such dis- an existing license, filed after January 7, the Atomic Energy Act of 1954 (42 U.S.C. 2011 posal, if the Commission determines that— 1983, to expand the spent nuclear fuel storage et seq.) before December 31, 2005. ‘‘(A) the requirements of the Commission capacity at the site of a civilian nuclear ‘‘(4) CONSTRUCTION.—The provisions of this for site closure, decommissioning, and de- power reactor, through the use of high-den- section shall not apply to the first applica- contamination have been met by the licensee sity fuel storage racks, fuel rod compaction, tion for a license or license amendment re- involved and that such licensee is in compli- the transshipment of spent nuclear fuel to ceived by the Commission to expand onsite ance with the provisions of subsection (a); another civilian nuclear power reactor with- spent fuel storage capacity by the use of a ‘‘(B) such title and custody will be trans- in the same utility system, the construction new technology not previously approved for ferred to the Secretary without cost to the of additional spent nuclear fuel pool capac- use at any nuclear power plant by the Com- Federal Government; and ity or dry storage capacity, or by other mission. ‘‘(C) Federal ownership and management of means, the Commission shall, at the request ‘‘(c) JUDICIAL REVIEW.—No court shall hold such site is necessary or desirable in order to of any party, provide an opportunity for oral unlawful or set aside a decision of the Com- protect the public health and safety, and the argument with respect to any matter which mission in any proceeding described in sub- environment. the Commission determines to be in con- section (a) because of a failure by the Com- ‘‘(2) PROTECTION.—If the Secretary assumes troversy among the parties. The oral argu- mission to use a particular procedure pursu- title and custody of any such waste and land ment shall be preceded by such discovery ant to this section unless— under this subsection, the Secretary shall procedures as the rules of the Commission ‘‘(1) an objection to the procedure used was maintain such waste and land in a manner shall provide. The Commission shall require presented to the Commission in a timely that will protect the public health and safe- each party, including the Commission staff, fashion or there are extraordinary cir- ty, and the environment. October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9689

‘‘(c) SPECIAL SITES.—If the low-level radio- compensation to the owner of the land so ‘‘(1) site characterization activities; and active waste involved is the result of a li- that when the compensation is added to the ‘‘(2) activities relating to the packaging or censed activity to recover zirconium, haf- value of the land the value of the land will transportation of spent nuclear fuel or high- nium, and rare earths from source material, not be considered as diminished; and level radioactive waste. the Secretary, upon request of the owner of ‘‘(2) If the value of the land is diminished ‘‘SEC. 604. INVESTIGATORY POWERS. the site involved, shall assume title and cus- by at least 50 percent, the Secretary shall ‘‘(a) HEARINGS.—Upon request of the Chair- tody of such waste and the land on which it offer to purchase the land at its value before man or a majority of the members of the is disposed when such site has been decon- action was taken under this Act. Board, the Board may hold such hearings, sit taminated and stabilized in accordance with ‘‘TITLE VI—NUCLEAR WASTE TECHNICAL and act at such times and places, take such the requirements established by the Com- REVIEW BOARD testimony, and receive such evidence, as the mission and when such owner has made ade- ‘‘SEC. 601. DEFINITIONS. Board considers appropriate. Any member of quate financial arrangements approved by ‘‘For purposes of this title— the Board may administer oaths or affirma- the Commission for the long-term mainte- ‘‘(1) CHAIRMAN.—The term ‘Chairman’ tions to witnesses appearing before the nance and monitoring of such site. means the Chairman of the Nuclear Waste Board. ‘‘SEC. 507. NUCLEAR REGULATORY COMMISSION Technical Review Board. ‘‘(b) PRODUCTION OF DOCUMENTS.— TRAINING AUTHORIZATION. ‘‘(2) BOARD.—The term ‘Board’ means the ‘‘(1) RESPONSE TO INQUIRIES.—Upon the re- ‘‘The Commission is authorized and di- Nuclear Waste Technical Review Board con- quest of the Chairman or a majority of the rected to promulgate regulations, or other tinued under section 602. members of the Board, and subject to exist- appropriate regulatory guidance, for the ‘‘SEC. 602. NUCLEAR WASTE TECHNICAL REVIEW ing law, the Secretary (or any contractor of training and qualifications of civilian nu- BOARD. the Secretary) shall provide the Board with clear powerplant operators, supervisors, ‘‘(a) CONTINUATION OF NUCLEAR WASTE such records, files, papers, data, or informa- technicians, and other appropriate operating TECHNICAL REVIEW BOARD.—The Nuclear tion as may be necessary to respond to any personnel. Such regulations or guidance Waste Technical Review Board, established inquiry of the Board under this title. shall establish simulator training require- under section 502(a) of the Nuclear Waste ‘‘(2) EXTENT.—Subject to existing law, in- ments for applicants for civilian nuclear Policy Act of 1982 as constituted prior to the formation obtainable under paragraph (1) powerplant operator licenses and for opera- date of enactment of this Act, shall continue shall not be limited to final work products of tor requalification programs; requirements in effect subsequent to the date of enactment the Secretary, but shall include drafts of governing Commission administration of re- of this Act. such products and documentation of work in qualification examinations; requirements for ‘‘(b) MEMBERS.— progress. UMBER operating tests at civilian nuclear power- ‘‘(1) N .—The Board shall consist of 11 ‘‘SEC. 605. COMPENSATION OF MEMBERS. members who shall be appointed by the plant simulators, and instructional require- ‘‘(a) IN GENERAL.—Each member of the President not later than 90 days after De- ments for civilian nuclear powerplant li- Board shall be paid at the rate of pay pay- cember 22, 1987, from among persons nomi- censee personnel training programs. able for level III of the Executive Schedule nated by the National Academy of Sciences ‘‘SEC. 508. ACCEPTANCE SCHEDULE. for each day (including travel time) such in accordance with paragraph (3). ‘‘The acceptance schedule shall be imple- member is engaged in the work of the Board. ‘‘(2) CHAIR.—The President shall designate mented in accordance with the following: ‘‘(b) TRAVEL EXPENSES.—Each member of a member of the Board to serve as Chairman. ‘‘(1) Acceptance priority ranking shall be the Board may receive travel expenses, in- ‘‘(3) NATIONAL ACADEMY OF SCIENCES.— determined by the Department’s annual ‘Ac- cluding per diem in lieu of subsistence, in ‘‘(A) NOMINATIONS.—The National Academy ceptance Priority Ranking’ report. the same manner as is permitted under sec- of Sciences shall, not later than 90 days after ‘‘(2) The Secretary’s spent fuel acceptance tions 5702 and 5703 of title 5, United States December 22, 1987, nominate not less than 22 rate shall be no less than the following: 1,200 Code. persons for appointment to the Board from MTU in 2000 and 1,200 MTU in 2001, 2,000 MTU among persons who meet the qualifications ‘‘SEC. 606. STAFF. in 2002 and 2,000 MTU in 2003, 2,700 MTU in described in subparagraph (C). ‘‘(a) CLERICAL STAFF.— 2004, and 3,000 MTU thereafter. ‘‘(B) VACANCIES.—The National Academy of ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to ‘‘(3) If the Secretary is unable to begin ac- Sciences shall nominate not less than 2 per- paragraph (2), the Chairman may appoint ceptance by January 31, 2000 at the rates sons to fill any vacancy on the Board from and fix the compensation of such clerical specified in paragraph (2), or if the cumu- among persons who meet the qualifications staff as may be necessary to discharge the lative amount accepted in any year there- described in subparagraph (C). responsibilities of the Board. after is less than that which would have been ‘‘(C) NOMINEES.— ‘‘(2) PROVISIONS OF TITLE 5.—Clerical staff accepted under the acceptance rate specified (i) Each person nominated for appointment shall be appointed subject to the provisions in paragraph (2), the acceptance schedule to the Board shall be— of title 5, United States Code, governing ap- shall be adjusted upward such that within 5 ‘‘(I) eminent in a field of science or engi- pointments in the competitive service, and years of the start of acceptance by the Sec- neering, including environmental sciences; shall be paid in accordance with the provi- retary— and sions of chapter 51 and subchapter III of ‘‘(A) the total quantity accepted by the ‘‘(II) selected solely on the basis of estab- chapter 3 of such title relating to classifica- Secretary is consistent with the total quan- lished records of distinguished service. tion and General Schedule pay rates. tity that the Secretary would have accepted ‘‘(ii) The membership of the Board shall be ‘‘(b) PROFESSIONAL STAFF.— if the Secretary had began acceptance in representatives of the broad range of sci- ‘‘(1) AUTHORITY OF CHAIRMAN.—Subject to 1998, and entific and engineering disciplines related to paragraphs (2) and (3), the Chairman may ap- ‘‘(B) thereafter the acceptance rate is activities under this title. point and fix the compensation of such pro- equivalent to the rate that would be in place ‘‘(iii) No person shall be nominated for ap- fessional staff as may be necessary to dis- pursuant to paragraph (2) above if the Sec- pointment to the Board who is an employee charge the responsibilities of the Board. retary had commenced acceptance in 1998. of— ‘‘(2) NUMBER.—Not more than 10 profes- ‘‘(4) The acceptance schedule shall not be ‘‘(I) the Department of Energy; sional staff members may be appointed affected or modified in any way as a result of ‘‘(II) a national laboratory under contract under this subsection. the Secretary’s acceptance of any material with the Department of Energy; or ‘‘(3) TITLE 5.—Professional staff members other than contract holders’ spent nuclear ‘‘(III) an entity performing spent nuclear may be appointed without regard to the pro- fuel and high-level radioactive waste. fuel or high-level radioactive waste activi- visions of title 5, United States Code, govern- ‘‘SEC. 509. SUBSEABED OR OCEAN WATER DIS- ties under contract with the Department of ing appointments in the competitive service, POSAL. Energy. and may be paid without regard to the provi- ‘‘Notwithstanding any other provision of ‘‘(4) VACANCIES.—Any vacancy on the sions of chapter 51 and subchapter III of law— Board shall be filled by the nomination and chapter 53 of such title relating to classifica- ‘‘(1) the subseabed or ocean water disposal appointment process described in paragraphs tion and General Schedule pay rates, except of spent nuclear fuel or high-level radio- (1) and (3). that no individual so appointed may receive active waste is prohibited; and ‘‘(5) TERMS.—Members of the Board shall pay in excess of the annual rate of basic pay ‘‘(2) no funds shall be obligated for any ac- be appointed for terms of 4 years, each such payable for GS–18 of the General Schedule. tivity relating to the subseabed or ocean term to commence 120 days after December ‘‘SEC. 607. SUPPORT SERVICES. water disposal of spent nuclear fuel or high- 22, 1987, except that of the 11 members first ‘‘(a) GENERAL SERVICES.—To the extent level radioactive waste. appointed to the Board, 5 shall serve for 2 permitted by law and requested by the Chair- ‘‘SEC. 510. COMPENSATION. years and 6 shall serve for 4 years, to be des- man, the Administrator of General Services ‘‘The Secretary shall compensate the own- ignated by the President at the time of ap- shall provide the Board with necessary ad- ers of any land the value of which is dimin- pointment. ministrative services, facilities, and support ished by actions taken under this Act as fol- ‘‘SEC. 603. FUNCTIONS. on a reimbursable basis. lows: ‘‘The Board shall evaluate the technical ‘‘(b) ACCOUNTING, RESEARCH, AND TECH- ‘‘(1) If the value of the land, as set by a and scientific validity of activities under- NOLOGY ASSESSMENT SERVICES.—The Comp- professional appraiser, is diminished by at taken by the Secretary after December 22, troller General, the Librarian of Congress, least 20 percent, the Secretary shall provide 1987, including— and the Director of the Office of Technology H9690 CONGRESSIONAL RECORD — HOUSE October 29, 1997 Assessment shall, to the extent permitted by pose of updating the information contained rail routes for the transportation of spent law and subject to the availability of funds, in such report. The annual reports shall be nuclear fuel and high-level radioactive waste provide the Board with such facilities, sup- brief and shall notify the Congress of— to the interim storage site and the reposi- port, funds and services, including staff, as ‘‘(1) any modifications to the Secretary’s tory site. Such procedures shall be estab- may be necessary for the effective perform- schedule and timeline for meeting its obliga- lished in consultation with the designated ance of the functions of the Board. tions under this Act; emergency services planning management ‘‘(c) ADDITIONAL SUPPORT.—Upon the re- ‘‘(2) the reasons for such modifications, official for any State or Indian tribe affected quest of the Chairman, the Board may secure and the status of the implementation of any by the rail routes selected. directly from the head of any department or of the Secretary’s contingency plans; and Page 20, line 20, insert after ‘‘organiza- agency of the United States information nec- ‘‘(3) the Secretary’s analysis of its funding tions’’ the following: ‘‘, voluntary emergency essary to enable it to carry out this title. needs for the ensuing 5 fiscal years.’’. response organizations,’’. Page 24, line 16, strike ‘‘regulations pro- ‘‘(d) MAILS.—The Board may use the Unit- SEC. 2. CONTINUATION OF CONTRACTS. mulgated by the Commission’’ and insert ed States mails in the same manner and Subsequent to the date of enactment of ‘‘existing Federal regulations’’. under the same conditions as other depart- this Act, the contracts executed under sec- ments and agencies of the United States. Page 25, beginning on line 1, strike ‘‘The’’ tion 302(a) of the Nuclear Waste Policy Act and all that follows through ‘‘paragraph (1)’’ ‘‘(e) EXPERTS AND CONSULTANTS.—Subject of 1982 shall continue in effect under this Act to such rules as may be prescribed by the on line 3 and insert ‘‘If training standards in accordance with their terms except to the are required to be promulgated under para- Board, the Chairman may procure temporary extent that the contracts have been modified and intermittent services under section graph (1), such standards’’. by the parties to the contract. Page 25, line 5, strike ‘‘include the follow- 3109(b) of title 5 of the United States Code, The CHAIRMAN. No amendment ing provisions—’’ and insert ‘‘provide for—’’. but at rates for individuals not to exceed the Page 25, after line 19, insert the following: daily equivalent of the maximum annual shall be in order except those printed ‘‘The Secretary of Transportation may speci- rate of basic pay payable for GS–18 of the in House Report 105–354. Each amend- fy an appropriate combination of knowledge, General Schedule. ment may be offered only in the order skills, and prior training to fulfill the mini- ‘‘SEC. 608. REPORT. specified, may be offered only by a mum number of hours requirements of sub- ‘‘The Board shall report not less than 2 Member designated in the report, shall paragraphs (A) and (B).’’. times per year to Congress and the Secretary be considered as read, shall be debat- Page 43, strike lines 17 and all that follows its findings, conclusions, and recommenda- able for the time specified in the re- through line 13 on page 44, and insert the fol- tions. port, equally divided and controlled by lowing: ‘‘SEC. 609. AUTHORIZATION OF APPROPRIATIONS. the proponent and an opponent, shall ‘‘SEC. 207. APPLICABILITY. ‘‘There are authorized to be appropriated not be subject to amendment, and shall ‘‘Nothing in this Act shall affect the appli- for expenditures such sums as may be nec- cation of chapter 51 of title 49, United States essary to carry out the provisions of this not be subject to a demand for a divi- Code; part A of subtitle V of title 49, United title. sion of the question. States Code; part B of subtitle VI of title 49, ‘‘SEC. 610. TERMINATION OF THE BOARD. The Chairman of the Committee of United States Code; and title 23, United ‘‘The Board shall cease to exist not later the Whole may postpone a request for a States Code.’’. than one year after the date on which the recorded vote on any amendment, and Page 81, after line 13, insert the following: Secretary begins disposal of spent nuclear may reduce to a minimum of 5 minutes ‘‘SEC. 510. SEPARABILITY. fuel or high-level radioactive waste in the re- the time for voting on any postponed ‘‘If any provision of this Act, or the appli- pository. question that immediately follows an- cation of such provision to any person or cir- cumstance, is held to be invalid, the remain- ‘‘TITLE VII—MANAGEMENT REFORM other vote, provided that the time for der of this Act, or the application of such ‘‘SEC. 701. MANAGEMENT REFORM INITIATIVES. voting on the first question shall be a provision to persons or circumstances other ‘‘(a) IN GENERAL.—The Secretary is di- minimum of 15 minutes. than those as to which it is held invalid, rected to take actions as necessary to im- After a motion that the Committee shall not be affected thereby.’’. prove the management of the civilian radio- rise has been rejected on a day, the In the table of contents— active waste management program to ensure Chairman may entertain another such (1) in the item relating to section 207 amend the heading to read as follows: ‘‘Ap- that the program is operated, to the maxi- motion on that day only if offered by mum extent practicable, in like manner as a plicability’’; and private business. the majority leader or his designee. (2) add at the end of title V the following: ‘‘(b) SITE CHARACTERIZATION.—The Sec- After a motion to strike out the en- ‘‘Sec. 510. Separability. retary shall employ, on an on-going basis, in- acting clause of the bill has been re- Page 21, line 6, redesignate subparagraph tegrated performance modeling to identify jected, the Chairman may not enter- (B) as subparagraph (C) and insert after line appropriate parameters for the remaining tain another such motion during fur- 5 the following: site characterization effort and to eliminate ther consideration of the bill. ‘‘(B) EMERGENCY RESPONDER TRAINING studies of parameters that are shown not to It is now in order to consider amend- STANDARDS.—The training standards for per- affect long-term repository performance. ment No. 1, printed in House Report sons responsible for responding to emergency situations occurring during the removal and ‘‘SEC. 702. REPORTING. 105–354, as modified. ‘‘(a) INITIAL REPORT.—Within 180 days of transportation of spent nuclear and high AMENDMENT NO. 1, AS MODIFIED, OFFERED BY the date of enactment of this Act, the Sec- level radioactive waste shall, in accordance MR. DAN SCHAEFER OF COLORADO retary shall report to Congress on its with existing regulations, ensure their abil- planned actions for implementing the provi- Mr. DAN SCHAEFER of Colorado. ity to protect nearby persons, property, or sions of this Act, including the development Mr. Chairman, I offer amendment No. the environment from the effects of acci- of the Integrated Waste Management Sys- 1, as modified. dents involving spent nuclear fuel and high- tem. Such report shall include— The CHAIRMAN. The Clerk will des- level radioactive waste. ‘‘(1) an analysis of the Secretary’s progress ignate the amendment, as modified. The CHAIRMAN. Pursuant to House in meeting its statutory and contractual ob- The text of the amendment, as modi- Resolution 283, the gentleman from ligation to accept title to, possession of, and fied, is as follows: Colorado [Mr. DAN SCHAEFER] and a delivery of spent nuclear fuel and high-level Member opposed will each control 5 radioactive waste beginning no later than Amendment No. 1, as modified, offered by Mr. DAN SCHAEFER of Colorado: minutes. January 31, 2000, and in accordance with the The Chair recognizes the gentleman acceptance schedule; Page 19, line 2, insert before the period the ‘‘(2) a detailed schedule and timeline show- following: from Colorado [Mr. DAN SCHAEFER]. ing each action that the Secretary intends to , using routes that minimize, to the maxi- Mr. DAN SCHAEFER of Colorado. take to meet the Secretary’s obligations mum practicable extent and consistent with Mr. Chairman, I yield myself such time under this Act and the contracts; Federal requirements governing transpor- as I may consume. ‘‘(3) a detailed description of the Sec- tation of hazardous materials, transpor- Mr. Chairman, I want to clarify that retary’s contingency plans in the event that tation of spent nuclear fuel and high-level this pending amendment is an amend- the Secretary is unable to meet the planned radioactive waste through populated areas ment made in order earlier by a unani- schedule and timeline; and Page 19, beginning in line 3, strike ‘‘In con- mous consent request. The manager’s junction with’’ and insert the following: ‘‘(4) an analysis by the Secretary of its amendment makes a number of non- ‘‘(1) IN GENERAL.—In conjunction with’’ funding needs for fiscal years 1996 through controversial changes to H.R. 1270, and 2001. and add after line 16 on page 19 the following: ‘‘(b) ANNUAL REPORTS.—On each anniver- ‘‘(2) RAIL ROUTES.—Not later than one year reflects the views of the Committee on sary of the submittal of the report required after the date of the enactment of this Act, Commerce, the Committee on Re- by subsection (a), the Secretary shall make the Secretary of Transportation shall estab- sources, and the Committee on Trans- annual reports to the Congress for the pur- lish procedures for the selection of preferred portation and Infrastructure. October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9691 b 1830 This type of consultative relationship and Mr. KILDEE. I yield to the gen- Mr. Chairman, I yield 1 minute to the route planning is essential to ensuring the tleman from Colorado. gentlewoman from Missouri [Ms. highest level of safety for our communities. Mr. DAN SCHAEFER of Colorado. MCCARTHY]. There are other important clarifications in the Mr. Chairman, we have looked over (Ms. MCCARTHY of Missouri asked manager's amendment that further advance this amendment. We have no opposi- and was given permission to revise and the safety and transportation portions of the tion to it and we will accept it. extend her remarks.) bill. I thank the managers for their inclusion of Mr. KILDEE. Mr. Chairman, with Ms. MCCARTHY of Missouri. Mr. this language in the amendment and urge my that then I will enter my remarks into Chairman, I thank the esteemed gen- colleagues to support the adoption of the the RECORD. tleman from Texas [Mr. HALL], ranking amendment. Mr. Chairman, the amendment I am offering member, as well as the gentleman from Mr. DAN SCHAEFER of Colorado. today will make sure that Indian tribes are not Colorado [Mr. DAN SCHAEFER], and the Mr. Chairman, I would say that the inadvertently left out of the consultation or as- gentleman from Michigan [Mr. UPTON], gentlewoman from Missouri [Ms. sistance process. My amendment simply in- the sponsor of H.R. 1270. They have all MCCARTHY] has been very gracious in corporates the Senate definition of ``Affected been helpful and supportive in working her input. Indian tribe''. This amendment is supported by with me to help clarify an issue related Mr. HALL of Texas. Mr. Chairman, I the Nevada tribes as well as the National Con- to rail transportation that is incor- yield myself such time as I may gress of American Indians. porated in the bill before us. consume. Under the current House definition of ``af- Mr. Chairman, it is an issue which is Mr. Chairman, I just want to con- fected Indian tribe'', no Indian tribes in Ne- critical to the constituents in my dis- gratulate and give accolades to the vada, including the shoshone and Paiute trict and the citizens of Missouri. gentlewoman from Missouri [Ms. tribes who have lived on this land for more While no specific routes for rail ship- MCCARTHY], who has established a sys- than 10,000 years, will qualify for treatment as ments have been determined, approxi- tem of selecting preferred rail routes, an ``affected Indian tribe''. This strikes me and mately 1,400 rail shipments of waste and currently there is no system for many others as patently unfair. projected over the next 30 years, pos- that. I thank her and I thank the gen- These tribes are governments and ought to sibly a third of these wastes would be tleman from Ohio [Mr. SAWYER], and I be treated on the same footing as other local transported through Missouri. thank those of the Nation’s firefighters governments. That is to say, they ought to be There currently are no Federal regu- who have helped work this out. given the same opportunity and the same lations related to determining pre- Mr. DAN SCHAEFER of Colorado. level of financial and technical assistance as ferred rail routes for transportation of Mr. Chairman, I yield back the balance we are giving other Nevada communities to this material. My language in this of my time. enable them to carefully review program activi- manager’s amendment establishes this The CHAIRMAN. The question is on ties and evaluate the impacts of nuclear stor- process to safeguard rail transpor- the amendment, as modified, offered by age on their lands. tation and ensure that the appropriate the gentleman from Colorado [Mr. DAN The Senate definition of an ``affected Indian State and tribal authorities are in- SCHAEFER]. tribe'' includes tribes whose reservation volved in the decision-making process. The amendment, as modified, was boundaries are contiguous with other affected Mr. Chairman, this type of consult- agreed to. units of local government. This simply means ative relationship and route planning The CHAIRMAN. It is now in order to that Indian tribes who are close to the storage is essential to ensuring the highest lev- consider amendment No. 2 printed in site will have an opportunity to receive aid and els of safety to our communities. There House Report 105–354. assistance to the same extent that any other are other important clarifications in AMENDMENT NO. 2 OFFERED BY MR. KILDEE local government has. the manager’s amendment that further Mr. KILDEE. Mr. Chairman, I offer I believe that this is a reasonable proposal advance safety and transportation por- an amendment. and, given the fact that the tribes in Nevada tions of this bill. I thank the managers The CHAIRMAN. The Clerk will des- have lived on this particular land for thousands and urge support of this amendment. ignate the amendment. of years, only fair. Mr. Chairman, I would like to thank my es- The text of the amendment is as fol- I urge my Committee colleagues to support teemed ranking member, Mr. HALL, as well as lows: this amendment. the gentleman from Colorado, Chairman Amendment No. 2 offered by Mr. KILDEE: The CHAIRMAN. The question is on SCHAEFER, and the gentleman from Michigan Page 4, strike line 11 and all that follows the amendment offered by the gen- [Mr. UPTON], sponsor of H.R. 1270, who have through page 5 line 11, and insert the follow- tleman from Michigan [Mr. KILDEE]. all been very helpful and supportive in working ing: The question was taken; and the with me on clarifying an important issue relat- ‘‘(3) AFFECTED INDIAN TRIBE.—The term af- Chairman announced that the ayes ap- fected Indian tribe’ means an Indian tribe ed to rail transportation that is incorporated in peared to have it. the manager's amendment before us. This is whose reservation is surrounded by or bor- ders on an affected unit of local government, Mr. HASTERT. Mr. Chairman, I de- an issue that is critically important to the con- mand a recorded vote. stituents in my district of Greater Kansas City, or whose federally-defined possessory or usage rights to other lands outside of the The CHAIRMAN. Pursuant to the the second largest rail hub in the nation, and border of the Indian tribe’s reservation aris- House Resolution 283, further proceed- the citizens of Missouri, which contains the 3rd ing out of Congressionally-ratified treaties ings on the amendment offered by the largest rail hub in St. Louis. may be affected by the locating of an interim gentleman from Michigan [Mr. KILDEE] While no specific routes for rail shipments storage facility or repository, if the Sec- will be postponed. have been determined, approximately 1,400 retary finds, upon petition of the appropriate It is now in order to consider amend- rail shipments of waste are projected over thir- government officials of the Indian tribe, that ment No. 3 printed in House Report such affects are both substantial and adverse ty years. Existing rail line options are limited 105–354. for east-west transit and lead us to the realiza- to the Indian tribe. AMENDMENT NO. 3 OFFERED BY MR. TRAFICANT tion that a significant percentage of shipments, The CHAIRMAN. Pursuant to House possibly a third if distributed across all options, Resolution 283, the gentleman from Mr. TRAFICANT. Mr. Chairman, I offer an amendment, and I ask unani- would be transported through Missouri. Michigan [Mr. KILDEE] and a Member Current Hazardous Materials [HazMat] law in opposition each will control 5 min- mous consent that that amendment be established a process, which this legislation utes. modified by the modification that has builds upon, for highway routing decisions re- The Chair recognizes the gentleman been placed at desk. The text of the amendment is as fol- lated to transportation of spent nuclear fuel. from Michigan [Mr. KILDEE]. There currently are no federal regulations re- Mr. KILDEE. Mr. Chairman, I yield lows: lated to determining preferred rail routes for myself such time as I may consume. Amendment No. 3 offered by Mr. TRAFI- the transportation of this material. My lan- (Mr. KILDEE asked and was given CANT: Page 7, line 14, strike ‘‘reprocessing’’ and guage in the Manager's amendment estab- permission to revise and extend his re- insert ‘‘reprocessing in the United States’’, lishes this process to safeguard rail transpor- marks.) beginning in line 20 strike ‘‘activities’’ and tation and ensure that the appropriate state Mr. DAN SCHAEFER of Colorado. insert ‘‘activities in the United States’’, and and tribal authorities are involved in the deci- Mr. Chairman, will the gentleman in line 21, strike ‘‘material’’ and insert ‘‘ma- sionmaking process. yield? terial in the United States’’. H9692 CONGRESSIONAL RECORD — HOUSE October 29, 1997

Page 11, line 14, strike ‘‘reactor’’ and insert SEQUENTIAL VOTES POSTPONED IN THE Hobson McKinney Sanders ‘‘reactor in the United States’’. COMMITTEE OF THE WHOLE Hoekstra McNulty Sandlin Holden Meehan Sawyer MODIFICATION TO AMENDMENT NO. 3 OFFERED The CHAIRMAN. Pursuant to House Hooley Meek Saxton BY MR. TRAFICANT Resolution 283, proceedings will now Horn Menendez Scarborough The CHAIRMAN. The Clerk will re- resume on those amendments on which Houghton Metcalf Schaefer, Dan Hoyer Mica Schaffer, Bob port the modification to the amend- further proceedings were postponed in Schumer the following order: Amendment No. 2 Hulshof Millender- ment offered by the gentleman from Hunter McDonald Scott Ohio [Mr. TRAFICANT]. offered by the gentleman from Michi- Hutchinson Miller (CA) Sensenbrenner The Clerk read as follows: gan [Mr. KILDEE]; the amendment No. Hyde Miller (FL) Serrano Sessions Inglis Minge Amendment No. 3 printed in House Report 3, as modified, offered by the gen- Shadegg Istook Mink RAFICANT tleman from Ohio [Mr. TRAFICANT]. Shaw 105–354, as modified by Mr. T : Jackson (IL) Moakley Shays Page 6, insert after line 7 the following: The Chair will reduce to 5 minutes Jackson-Lee Mollohan ‘‘(II) Nuclear nonproliferation.’’ Sherman the time for any electronic vote after (TX) Moran (KS) Shimkus Page 7, line 14, strike ‘‘reprocessing’’ and the first vote in this series. Jefferson Murtha Shuster insert ‘‘reprocessing in the United States’’. Jenkins Myrick AMENDMENT NO. 2 OFFERED BY MR. KILDEE Sisisky Page 11, line 13 insert after ‘‘fuel’’ the fol- John Nadler Skaggs lowing: ‘‘, other than foreign spent nuclear The CHAIRMAN. The pending busi- Johnson (CT) Neal Skeen fuel as defined in section 131f(4) of the Atom- ness is the demand for a recorded vote Johnson (WI) Nethercutt Skelton ic Energy Act of 1954 (42 U.S.C. 2160(f)(4),’’. on the amendment offered by the gen- Johnson, E. B. Neumann Slaughter Johnson, Sam Ney Smith (MI) The CHAIRMAN. Is there objection tleman from Michigan [Mr. KILDEE], on Jones Northup Smith (NJ) to the modification to the amendment which further proceedings were post- Kanjorski Norwood Smith (OR) offered by the gentleman from Ohio poned and on which the ayes prevailed Kaptur Nussle Smith (TX) by voice vote. Kasich Oberstar Smith, Adam [Mr. TRAFICANT]? Kennedy (MA) Obey Smith, Linda There was no objection. The Clerk will redesignate the Kennedy (RI) Olver Snowbarger The CHAIRMAN. Pursuant to House amendment. Kennelly Ortiz Snyder Souder Resolution 283, the gentleman from The Clerk redesignated the amend- Kildee Owens ment. Kilpatrick Oxley Spence Ohio [Mr. TRAFICANT] and a Member Kim Packard Spratt opposed each will control 5 minutes. The CHAIRMAN. A recorded vote has Kind (WI) Pallone Stabenow been demanded. King (NY) Pappas Stark The Chair recognizes the gentleman Stearns Kingston Parker from Ohio [Mr. TRAFICANT]. A recorded vote was ordered. Stenholm Kleczka Pascrell The vote was taken by electronic de- Strickland Mr. TRAFICANT. Mr. Chairman, the Klink Pastor Stupak amendment is very simple. It says that vice, and there were—ayes 408, noes 10, Klug Paul not voting 14, as follows: Sununu we will not become the dumping Knollenberg Paxon Talent ground for any foreign waste unless it [Roll No. 543] Kolbe Payne Tanner Kucinich Pease was covered by an international agree- AYES—408 Tauscher LaFalce Pelosi Taylor (MS) ment or military procurement under- Abercrombie Castle Etheridge LaHood Peterson (MN) Taylor (NC) standings. Ackerman Chabot Evans Lampson Peterson (PA) Thomas Mr. Chairman, I yield to the gen- Aderholt Chambliss Everett Lantos Petri Thompson Allen Chenoweth Farr Largent Pickering tleman from Colorado [Mr. DAN SCHAE- Thornberry Andrews Christensen Fattah Latham Pickett Thune FER], chairman of the committee. Archer Clay Fawell LaTourette Pitts Thurman Mr. DAN SCHAEFER of Colorado. Armey Clayton Fazio Lazio Pombo Tiahrt Bachus Clement Filner Leach Pomeroy Tierney Mr. Chairman, the Traficant amend- Baesler Clyburn Flake Levin Porter Torres ment certainly prohibits the disposal Baker Coburn Foglietta Lewis (GA) Portman Towns Baldacci Collins Foley of spent nuclear fuel from other plants Lewis (KY) Poshard Traficant Ballenger Combest Forbes in foreign countries, and I think the Linder Price (NC) Turner Barcia Condit Ford gentleman is right on. We worked out, Lipinski Pryce (OH) Upton Barrett (NE) Conyers Fowler Velazquez I think, all the problems on this and we Barrett (WI) Cook Fox Livingston Quinn LoBiondo Radanovich Vento Bartlett Cooksey Frank (MA) Visclosky appreciate the fact that we have found Lofgren Rahall Bass Costello Franks (NJ) Walsh a resolution to this. We have no prob- Lowey Ramstad Bateman Cox Frelinghuysen Wamp Lucas Rangel lems on this side, and we will accept Becerra Coyne Frost Waters Luther Redmond the amendment. Bentsen Cramer Furse Watkins Mr. TRAFICANT. Mr. Chairman, I Bereuter Crane Gallegly Maloney (CT) Regula Watt (NC) Berry Crapo Ganske Maloney (NY) Reyes appreciate the gentleman’s concerns Watts (OK) Bilbray Cummings Gejdenson Manton Riggs Waxman and advice, and I yield to the gen- Bilirakis Cunningham Gekas Manzullo Riley Weldon (PA) tleman from Texas [Mr. HALL], the Bishop Danner Gephardt Markey Rivers Weller ranking member. Blagojevich Davis (FL) Gibbons Martinez Rodriguez Wexler Bliley Davis (IL) Gilchrest Mascara Roemer Weygand Mr. HALL of Texas. Mr. Chairman, Blumenauer Davis (VA) Gillmor Matsui Rogan White we certainly appreciate the modifica- Blunt Deal Gilman McCarthy (MO) Rogers Whitfield tion and think it is a good amendment. Boehlert DeFazio Goode McCarthy (NY) Rohrabacher Wicker Boehner DeGette Goodlatte Mr. TRAFICANT. Mr. Chairman, I McCollum Ros-Lehtinen Wise Bonilla Delahunt Goodling McCrery Rothman Wolf yield back the balance of my time. Bonior DeLauro Gordon McDade Roukema Woolsey Bono DeLay Goss The CHAIRMAN. The question is on McDermott Roybal-Allard Wynn Borski Dellums Graham McGovern Royce Young (AK) the amendment, as modified, offered by Boswell Deutsch Granger McHale Rush Young (FL) the gentleman from Ohio [Mr. TRAFI- Boucher Diaz-Balart Green McHugh Ryun CANT]. Boyd Dickey Greenwood Brady Dicks Gutierrez McInnis Sabo The question was taken; and the Brown (CA) Dixon Gutknecht McIntyre Salmon Chairman announced that the ayes ap- Brown (FL) Doggett Hall (OH) McKeon Sanchez peared to have it. Brown (OH) Dooley Hall (TX) Mr. UPTON. Mr. Chairman, I object Bryant Doolittle Hamilton NOES—10 Bunning Doyle Hansen to the vote on the ground that a Barr Hastert Solomon Burr Dreier Harman Barton Hefley Stump quorum is not present and make the Burton Duncan Hastings (FL) Coble Hostettler point of order that a quorum is not Buyer Dunn Hastings (WA) Ewing Sanford present. Callahan Edwards Hayworth Calvert Ehlers Hefner NOT VOTING—14 The CHAIRMAN. Pursuant to House Camp Ehrlich Herger Resolution 283, further proceedings on Campbell Emerson Hill Berman Lewis (CA) Stokes the amendment, as modified, offered by Canady Engel Hilleary Cubin McIntosh Tauzin Cannon English Hilliard Dingell Moran (VA) Weldon (FL) RAFI the gentleman from Ohio [Mr. T - Cardin Ensign Hinchey Gonzalez Morella Yates CANT] will be postponed. Carson Eshoo Hinojosa Kelly Schiff October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9693 b 1855 Frost Lowey Ros-Lehtinen NOES—11 Gallegly Lucas Rothman Cannon Johnson, E. B. Martinez Messrs. COBLE, EWING, and Ganske Luther Roukema Clyburn Kanjorski Waxman HEFLEY changed their vote from Gejdenson Maloney (CT) Roybal-Allard Royce Frank (MA) Klink Woolsey ‘‘aye’’ to ‘‘no.’’ Gekas Maloney (NY) Furse Lofgren Gephardt Manton Rush Mr. SHADEGG changed his vote from Gibbons Markey Ryun NOT VOTING—14 ‘‘no’’ to ‘‘aye.’’ Gilchrest Mascara Sabo Salmon Berman Kelly Smith (TX) Gillmor Matsui So the amendment was agreed to. Sanchez Campbell Manzullo Stokes Goode McCarthy (MO) The result of the vote was announced Sanders Cubin McIntosh Weldon (FL) as above recorded. Goodlatte McCarthy (NY) Sandlin Gilman Morella Yates Goodling McCollum Sanford Gonzalez Schiff ANNOUNCEMENT BY THE CHAIRMAN Gordon McCrery Sawyer b 1906 The CHAIRMAN. Pursuant to House Goss McDade Saxton Graham McDermott Resolution 283, the Chair announces Scarborough Mr. BERRY and Mr. MILLER of Cali- Granger McGovern Schaefer, Dan fornia changed their vote from ‘‘no’’ to that he will reduce to a minimum of 5 Green McHale Schaffer, Bob minutes the period of time within Greenwood McHugh Schumer ‘‘aye.’’ which a vote by electronic device will Gutierrez McInnis Scott So the amendment, as modified, was be taken on the second amendment on Gutknecht McIntyre Sensenbrenner agreed to. Hall (OH) McKeon Serrano The result of the vote was announced which the Chair has postponed further Sessions Hall (TX) McKinney as above recorded. proceedings. Hamilton McNulty Shadegg Shaw The CHAIRMAN pro tempore (Mr. AMENDMENT NO. 3, AS MODIFIED, OFFERED BY Hansen Meehan Harman Meek Shays LAHOOD). It is now in order to consider MR. TRAFICANT Sherman Hastert Menendez Shimkus amendment No. 4 printed in House Re- The CHAIRMAN. The pending busi- Hastings (FL) Metcalf Shuster port 105–354. ness is the demand for a recorded vote Hastings (WA) Mica Sisisky AMENDMENT NO. 4 OFFERED BY MR. ENSIGN on the amendment, as modified, offered Hayworth Millender- Skaggs by the gentleman from Ohio [Mr. Hefley McDonald Skeen Mr. ENSIGN. Mr. Chairman, I offer Hefner Miller (CA) an amendment. TRAFICANT] on which further proceed- Skelton Herger Miller (FL) Slaughter ings were postponed and on which the The CHAIRMAN pro tempore. The Hill Minge Smith (MI) Clerk will designate the amendment. ayes prevailed by voice vote. Hilleary Mink Smith (NJ) The text of the amendment is as fol- The Clerk will designate the amend- Hilliard Moakley Smith (OR) Hinchey Mollohan Smith, Adam lows: ment, as modified. Smith, Linda Hinojosa Moran (KS) Amendment No. 4 offered by Mr. ENSIGN: The Clerk designated the amend- Snowbarger Hobson Moran (VA) Page 15, insert after line 8 the following: Hoekstra Murtha Snyder ment, as modified. ‘‘(e) RISK ASSESSMENT AND COST BENEFIT.— Holden Myrick Solomon RECORDED VOTE The Secretary shall not take any action Hooley Nadler Souder The CHAIRMAN. A recorded vote has Horn Neal Spence under this Act unless the Secretary has with been demanded. Hostettler Nethercutt Spratt respect to such action conducted a risk as- Stabenow Houghton Neumann sessment which is scientifically objective, A recorded vote was ordered. Stark Hoyer Ney unbased, and inclusive of all relevant data Stearns The CHAIRMAN. This is a 5-minute Hulshof Northup and relies, to the extent available and prac- vote. Stenholm Hunter Norwood Strickland ticable, on scientific findings and which is The vote was taken by electronic de- Hutchinson Nussle Stump grounded in cost-benefit principles. vice, and there were—ayes 407, noes 11, Hyde Oberstar Stupak The CHAIRMAN pro tempore. Pursu- not voting 14, as follows: Inglis Obey Sununu Istook Olver Talent ant to House Resolution 283, the gen- [Roll No. 544] Jackson (IL) Ortiz Tanner tleman from Nevada [Mr. ENSIGN] and a AYES—407 Jackson-Lee Owens Tauscher Member opposed each will control 10 (TX) Oxley Tauzin minutes. Abercrombie Brown (OH) Delahunt Jefferson Packard Taylor (MS) Ackerman Bryant DeLauro Jenkins Pallone Taylor (NC) Mr. DAN SCHAEFER of Colorado. Aderholt Bunning DeLay John Pappas Thomas Mr. Chairman, I rise in opposition to Allen Burr Dellums Johnson (CT) Parker Thompson the amendment. Andrews Burton Deutsch Thornberry Archer Buyer Diaz-Balart Johnson (WI) Pascrell The CHAIRMAN pro tempore. The Johnson, Sam Pastor Thune Armey Callahan Dickey Thurman gentleman from Colorado [Mr. DAN Jones Paul Bachus Calvert Dicks Tiahrt Kaptur Paxon SCHAEFER] will control the 10 minutes Baesler Camp Dingell Tierney Kasich Payne in opposition. Baker Canady Dixon Torres Baldacci Cardin Doggett Kennedy (MA) Pease Towns The Chair recognizes the gentleman Ballenger Carson Dooley Kennedy (RI) Pelosi Traficant from Nevada [Mr. ENSIGN]. Barcia Castle Doolittle Kennelly Peterson (MN) Turner Mr. ENSIGN. Mr. Chairman, I yield Barr Chabot Doyle Kildee Peterson (PA) Upton myself 3 minutes. Barrett (NE) Chambliss Dreier Kilpatrick Petri Velazquez Barrett (WI) Chenoweth Duncan Kim Pickering Vento Mr. Chairman, the amendment that I Bartlett Christensen Dunn Kind (WI) Pickett Visclosky have offered today is consistent with Barton Clay Edwards King (NY) Pitts Walsh Bass Clayton Ehlers the language in the Contract With Kingston Pombo Wamp America that Republicans brought to Bateman Clement Ehrlich Kleczka Pomeroy Waters Becerra Coble Emerson Klug Porter Watkins this floor a little over 2 years ago. It is Bentsen Coburn Engel Knollenberg Portman Watt (NC) based on a concept that before the Gov- Bereuter Collins English Kolbe Poshard Watts (OK) ernment does something, we should do Berry Combest Ensign Weldon (PA) Bilbray Condit Eshoo Kucinich Price (NC) studies that say what are the risks, LaFalce Pryce (OH) Weller Bilirakis Conyers Etheridge Wexler LaHood Quinn what are the costs versus the benefits? Bishop Cook Evans Weygand Lampson Radanovich Very simple. Blagojevich Cooksey Everett White Rahall Bliley Costello Ewing Lantos Whitfield What this, H.R. 1270, does is, H.R. Blumenauer Cox Farr Largent Ramstad Wicker 1270 presumes that this Congress knows Blunt Coyne Fattah Latham Rangel Wise everything that there is to know about Boehlert Cramer Fawell LaTourette Redmond Wolf nuclear waste. It presumes that this Boehner Crane Fazio Lazio Regula Wynn Bonilla Crapo Filner Leach Reyes Young (AK) Congress has all the experts that it Bonior Cummings Flake Levin Riggs Young (FL) needs right here, that all of the studies Bono Cunningham Foglietta Lewis (CA) Riley Borski Danner Foley have already been done. Lewis (GA) Rivers And the nuclear energy industry ac- Boswell Davis (FL) Forbes Lewis (KY) Rodriguez Boucher Davis (IL) Ford Linder Roemer tually says that all of the studies say Boyd Davis (VA) Fowler Lipinski Rogan that the Yucca Mountain is suitable Brady Deal Fox Livingston Rogers Brown (CA) DeFazio Franks (NJ) and all these things, when even the Brown (FL) DeGette Frelinghuysen LoBiondo Rohrabacher Government’s own scientists have said H9694 CONGRESSIONAL RECORD — HOUSE October 29, 1997 the Yucca Mountain has not been before it takes any action under the is a risk for America. We need to look deemed suitable or acceptable. That is act. The amendment would stop the at these risks, and we need to analyze why the President has threatened to nuclear waste program in its tracks what is going to be the benefit or what veto this bill. What we are saying with and would prevent the Department of is going to be the cost. this amendment is simply that the Sec- Energy from taking any action for Once again, take a look at where all retary of Energy shall conduct these years. It would guarantee that all nu- of these risks are going to take place. studies prior to moving the bill for- clear waste in this country stays right That is 43 States in this country. ward. where it is, spread out all over the Forty-three States ought to have an The GAO has estimated the Yucca country, rather than going to one safe opportunity to evaluate the risks of Mountain project to cost nearly $33 bil- site. this bill and to analyze the costs that lion. Before dumping endless amounts I would say, too, that the risk assess- are going to be involved to these States of taxpayer dollars into the project, let ments required by the Ensign amend- with the transportation of this mate- us take a step back and make sure that ment are in addition to the require- rial through those States, through this is the best use of the American ments that the Department of Energy those communities, next to those people’s money. If this project is as prepare EIS, environmental impact schools with kids playing out there if good as my colleagues say, obvious statements, before major actions. an accident occurs. cost-benefit analysis will show that it b 1915 This is a critically important amend- is. ment for this bill. It is an amendment Mr. Chairman, we are asking that the Under this amendment the DOE which is going to allow States or re- Republicans especially who support would have to perform a risk assess- quire the Secretary of Energy to per- this bill, that they be consistent in ment and prepare an environmental form those analyses, to evaluate those their arguments. They have argued in impact statement. There is no need for risks, and to take appropriate actions the past for cost benefit analysis. And the risk assessment required by this with that information. why is that? They have argued in the amendment. The Department of En- Mr. DAN SCHAEFER of Colorado. past because it is a good thing to do. ergy nuclear waste program is probably Mr. Chairman, I yield 3 minutes to the Before the Government goes and does the most closely scrutinized Federal gentleman from Texas [Mr. HALL]. something, we should prove that there program created. There is layer after Mr. HALL of Texas. Mr. Chairman, I are benefits. What are the risks? What layer of oversight. The State of Nevada of course believe that tools are good if are the benefits? oversees the program, as does the Nu- they are used properly and if they are Let us just stick to the principle in clear Waste Technical Review Board not used for obstruction, and that is the Contract With America that we all and the Nuclear Regulatory Commis- really what this amendment is. This came and we all signed in 1994 on the sion. All of this oversight is funded by amendment would just simply prohibit steps of the Capitol. consumers, and this would be viewed as the Secretary from taking any action. Mr. MARKEY. Mr. Chairman, will a killer amendment. I would urge my I think it creates an absolute obliga- the gentleman yield? colleagues to vote ‘‘no.’’ tion for the Secretary to conduct the Mr. ENSIGN. I yield to the gen- Mr. ENSIGN. Mr. Chairman, I yield proposed analysis subject to anything tleman from Massachusetts. myself 30 seconds to say that, first of that comes under H.R. 1270, any type Mr. MARKEY. Mr. Chairman, I thank all, new science is being discovered all action. It makes no allowance for the the gentleman for yielding. the time in Nevada. Plutonium just re- Secretary to conduct a risk assessment You know, this is one item in the cently was discovered by the National during other steps of the process. Contract With America that passed the Academy of Sciences to have migrated This proposal lacks even an adequate House of Representatives overwhelm- almost one mile. The significance of definition of risk assessment. It pro- ingly. Almost everyone agreed that that discovery is that they did not ex- vides no direction as to the con- there should be some risk assessment pect that. Because all of the pro- sequences of the assessment. We say when the Federal Government is get- ponents of the bill have been saying, that the EIS already requires this and ting into these major Federal projects. first of all, Yucca Mountain is safe, it is going to be done, it will be done, We were guaranteed that there would there is no water to worry about, do it is directed that it be done. not be any danger, because there was not worry about the groundwater table It throws up a number of procedural not going to be any delay, because that or any of that. But science is con- hurdles that really renders impossible was not the objective, and now we get stantly finding new things. That is why the storage as this act calls for. It is a the perfect example of where it should we need this cost-benefit and risk anal- little like back in the 1960’s, the States apply. I urge adoption of the amend- ysis. of New Mexico and Arizona when they ment. Mr. Chairman, I yield 2 minutes to were mining copper, when the enviros, Mr. ENSIGN. Mr. Chairman, I reserve the gentleman from Nevada [Mr. GIB- well meaning though they were, set up the balance of my time. BONS], who sits on the Committee on a rule of law that you had to replace Mr. DAN SCHAEFER of Colorado. Resources, who rejected this bill, by the terrain as it was in its natural Mr. Chairman, I yield such time as he the way. state. Of course, no court upheld that, may consume to the gentleman from Mr. GIBBONS. Mr. Chairman, I but it gave rise to an injunction that Michigan [Mr. UPTON], the author of thank the gentleman for yielding me put off and put off and put off and pre- the bill. this time. vented and that caused escalation of Mr. UPTON. Mr. Chairman, I yield First, I find it odd that people would the price. myself 3 minutes. object to a cost-benefit analysis. It is a This is a bad amendment. It is just Mr. Chairman, I yield to the gen- tool that is commonly used in private meant to cripple. I urge that Members tleman from Massachusetts [Mr. MAR- businesses throughout America. It is vote it down. KEY] for a simple, quick answer. How widely accepted in academia as a tool Mr. ENSIGN. Mr. Chairman, I yield did the gentleman vote on that provi- by which we make sound judgment for myself such time as I may consume. sion of the Contract With America? I sound policy about what we are doing Mr. Chairman, every major environ- was looking for a ‘‘yes’’ or ‘‘no,’’ not a in this Nation. mental group in this country opposes card game. If Members want to talk about risk, H.R. 1270: The Sierra Club, the Na- Mr. MARKEY. Mr. Chairman, if the let us look at the environmental haz- tional Resource Defense Council, gentleman will yield, even a blind ards that are posed by transportation Friends of the Earth, U.S. PIRG, Pub- squirrel finds an acorn once in a while. of nuclear waste around America. Let lic Citizen, Citizen Alert, League of I now realize the correctness of the us look at the idea that this bill tells Conservation Voters, Greenpeace, Nu- provision. us that we can ignore all those envi- clear Information and Resources Serv- Mr. UPTON. Mr. Chairman, reclaim- ronmental laws that we have talked ice, Military Production Network. ing my time, this Ensign amendment about earlier. Let us look at the fact By the way, those are the people that would require that the Department of that we have got a train wreck right live around these facilities that we are Energy undertake a risk assessment here. This is a risk, Mr. Chairman. This talking about that have the nuclear October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9695 waste, and those people are standing up the action required by this amendment the whole issue, you divide it into mil- and saying that it is our moral respon- would be to force the Department of lions of little pieces and you stop that sibility to come up with solutions, and Energy to undertake a risk assessment action every time you turn around. the solution is not an interim storage before it takes any action under this I understand that the proponents of facility out in Nevada. The reason, and act. And since the amendment does not this amendment would like to slow the one of the reasons that these environ- define which DOE actions require a action down. They would like to stop mental groups oppose this bill is be- risk assessment, each action would this from happening. They would like cause we have not determined what the probably end up requiring such a risk us to stop solving the problem of safe risks are. We have not determined assessment. storage for nuclear waste in this coun- what the costs are going to be. As the We have heard discussion about try. But this amendment that brings GAO does new studies and finds out whether there is unreasonable risk in- this thing down to a death of a thou- that, first of all, Yucca Mountain is volved in this entire process. I think sand cuts just will not work. much more expensive than anybody that the proponents of the amendment We need to pass this legislation, we ever thought before, and it seems like and the opponents of the bill would need to do it safely, we need to do the every year they come out with new have Members believe that we are sim- environmental impact statements, we studies that say Yucca Mountain is ply transporting nuclear fuel around need to do the overall financial state- much more expensive, the same thing the country without any evaluation of ments, but we cannot stop the process with interim storage. If you actually risk standards or that we are evaluat- a million and 10 times that this amend- do the cost-benefit analysis and risk ing the sites without consideration of ment asks for. We need to reject this assessment, when you start taking into environmental harm or risk or other amendment and move forward. account, there was a case in New Mex- considerations. The fact of the matter The CHAIRMAN pro tempore [Mr. ico where radioactive waste was trans- is just the opposite. LAHOOD]. The Chair would advise that ported by a person’s property, that per- As I said in my earlier debate, the the gentleman from Colorado [Mr. DAN son was awarded by the court and regulatory regime for radioactive ma- SCHAEFER] has 2 minutes remaining upheld by the State Supreme Court of terial transport has been very heavily and the gentleman from Nevada [Mr. New Mexico that that was considered a evaluated. It focuses on risk extremely ENSIGN] has 11⁄2 minutes remaining. takings and that person had to be com- aggressively and has an absolutely per- Mr. DAN SCHAEFER of Colorado. pensated for the loss because of the fect safety record. I went through that Mr. Chairman, may I inquire, who has perceived loss of valuation of that per- information previously but over the the right to close on this amendment? son’s land. last 30 years, we have had 2500 ship- The CHAIRMAN pro tempore. The As we are transporting nuclear ments of spent nuclear fuel in the Unit- gentleman from Colorado has the right waste, the most deadly substance ed States; since 1957, 667 shipments of to close. known to mankind, across 43 States, Navy fuel, over a million miles of trav- Mr. ENSIGN. Mr. Chairman, I yield across all kinds of people’s property, el, and in the last 22 years the Depart- 30 seconds to the gentleman from Ohio let us say that you have a very nice, ment of Energy under these programs [Mr. KUCINICH]. beautiful piece of property that is a re- has transported nuclear weapons and Mr. KUCINICH. Mr. Chairman, I sup- sort. Now you have got nuclear waste special nuclear materials nearly 100 port the amendment to have a cost- being transported by it. It could very million miles. All of this has occurred benefit analysis. We are embarking on well be argued, especially viewing what without a radioactive release. Those one of the most dramatic changes in happened in Germany where they had who would have Members believe that nuclear policy that has ever been con- 30,000 police officers being required to risk is not carefully evaluated, mon- ducted in the history of the world. transport nuclear waste, just 6 casks, itored and regulated in our current nu- There are going to be 15,000 shipments by the way, of nuclear waste, just 6,300 clear regime in the United States are by rail and highway of radioactive miles to the north, 173 people were in- misstating the reality. The fact is that waste through 43 States and the Dis- jured. we will have adequate protections both trict of Columbia. Hundreds of cities People are trying to say that private environmentally and in terms of the are involved across America’s heart- property is not going to be devalued by risk, and there is no reason why we land. If nuclear waste is privatized as nuclear waste being transported by it? should not proceed with the legislation some are proposing, far more of the And especially this bill says that you that is now before us to solve this criti- waste traffic would go by truck. It is have to give local notice. We know that cal issue to this country. estimated there would be 79,300 truck as you give local notice, that people Mr. DAN SCHAEFER of Colorado. shipments, 12,600 rail shipments. We are going to come out in this country Mr. Chairman, I yield 2 minutes to the ought to evaluate this, we ought to and protest the shipment of this waste. gentleman from Illinois [Mr. HASTERT]. look at the cost-benefit as it affects Land is going to be devalued. So we do Mr. HASTERT. Mr. Chairman, the every community in this country. not even know how much this is actu- issue here is what is expedient, how do Mr. ENSIGN. Mr. Chairman, I yield ally going to cost because of that. we get the job done, and how do we myself such time as I may consume. By the way, the taxpayer ends up make sure it is done safely? Before we The government’s own scientists at the holding the bill on this. It is under our ever start to cross the threshold on Nuclear Waste Technical Review Board Constitution, if the Federal Govern- this whole issue, there has to be an en- said that there is no hurry, that we do ment based on the Fifth Amendment vironmental impact study. That is in not need to do this now. There is time does devalue somebody’s land, it is place. It is being done. What this to do a cost-benefit analysis. going to be the taxpayer that ends up amendment asks us to do is to every b 1930 holding the bill on this. time that there is any action at all Mr. Chairman, I reserve the balance dealing with this, there has to be an We are not running out of space, of my time. impact study done, that there has to be there is plenty of space. All you have Mr. DAN SCHAEFER of Colorado. a financial research study done. to do is build cement pads at the nu- Mr. Chairman, I yield 2 minutes to the If we want to give $2500 to the clear facilities with dry cast storage. gentleman from Idaho [Mr. CRAPO]. Mayville, Ohio fire department to beef The NRC has said that is good for 100 Mr. CRAPO. Mr. Chairman, I appre- up their education, there has to be a fi- years. ciate the opportunity to speak in oppo- nancial impact study done. If we want It has been mentioned we have not sition to the amendment. A lot has to help railroad employees do safety had an accident yet. Mr. Chairman, I been said about this being an amend- inspections and we decide to do that, am from Las Vegas. We go on odds in ment to add risk assessment into the that is an action. And so whenever one Las Vegas. With 100 miles or whatever legislation, but properly understood, it of these actions happens, you stop the they said that have been traveled so far really should be called the additional whole process until the financial im- with no accidents, the odds are, one is regulatory bureaucracy and delay pact statement has been done, which coming. All you have to do is see how amendment. It is very clear from the might be a whole period of time, and many train wrecks we have had in the debate we have had here already that you take instead of the whole gestalt, last several years. Imagine what one of H9696 CONGRESSIONAL RECORD — HOUSE October 29, 1997 those train wrecks would do if the peo- tation of spent nuclear fuel or high-level ra- States’ constitution and protect the ple that have done some of the early dioactive waste through any State unless the health and safety of its citizenry. How studies were wrong on these canisters. Governor of such State can certify that an can any Governor expect to protect We are not talking about a small risk adequate emergency response team exists in their States, their constituents, as well such State to appropriately manage any nu- here; we are talking about major envi- clear accident that may occur in such trans- as the firefighters and the policemen, ronmental safety hazards. I think a portation. without the legal authority granted reasonable cost-benefit risk assessment The CHAIRMAN pro tempore. Pursu- under this amendment? H.R. 1270, the Nuclear Waste Policy is very justified. I would urge a yes ant to House Resolution 283, the gen- vote on this amendment. Act of 1997, would mandate that nu- tleman from Nevada [Mr. GIBBONS] and Mr. DAN SCHAEFER of Colorado. clear waste be shipped through 43 a Member opposed will each control 10 Mr. Chairman. I yield two minutes to States, regardless if consent is granted minutes. the gentleman from Michigan [Mr. by these States or not. Mr. DAN SCHAEFER of Colorado. It is a simple issue of States’ rights UPTON], the author of the bill. Mr. Chairman, I rise to claim the time Mr. UPTON. Mr. Chairman, I just and public safety. If this body wishes in opposition to the amendment. to pass H.R. 1270, then I feel it is our want to remind my colleagues what The CHAIRMAN pro tempore. The obligation, an obligation that most of this bill does is it gets it out of these gentleman from Colorado, Mr. DAN us, if not all on this side of the aisle, temporary storage places that are SCHAEFER will be recognized for 10 min- along the Great Lakes and the Chesa- have stated for a long time, an obliga- utes in opposition to the amendment tion to return power to the States and peake Bay and rivers and streams and offered by the gentleman from Nevada, into one safe place. We have had a per- allow them every opportunity to pro- Mr. GIBBONS. tect themselves from the deadly man- fect record of transporting this stuff. It The Chair recognizes the gentleman was not mined in the dunes of Lake date under H.R. 1270 and this Congress. from Nevada [Mr. GIBBONS]. Every State should be prepared to Michigan. It had to get there somehow. Mr. GIBBONS. Mr. Chairman, I yield It got there in a perfect way, without a handle a nuclear accident before it myself such time as I may consume. happens, not after the deadly contents single incident of exposure or release of Mr. Chairman, my amendment sim- spill upon the ground. I would ask radioactive material. We think that ply states that the Governor of each Members to trust their Governors, that can continue as we get it out of State with nuclear waste routes shall the dunes and off of the shores of these their State, and especially their con- certify that emergency response teams stituency, to support State rights and environmentally sensitive areas to one exist and can properly manage any nu- safe place. support this amendment. clear accident before transportation Mr. Chairman, I reserve the balance I just want to close on this amend- plans can be implemented by the Sec- of my time. ment and urge my colleagues to vote retary. Mr. DAN SCHAEFER of Colorado. no. The result of this amendment is Governors of States faced with the Mr. Chairman, I yield 2 minutes to the pointless delay. I want to give one ex- mandate of accepting highly dangerous gentleman from Michigan [Mr. UPTON], ample. irradiated nuclear waste in their State the author of the bill. The amendment would require the should be given the legal authority to Mr. UPTON. Mr. Chairman, I would Department of Energy to perform a ensure that an emergency response note that this Gibbons amendment risk assessment before it provided team is adequately prepared to protect would bar the Department of Energy funds to emergency response teams for the health and safety of those citizens. from planning for the transportation of public safety training. It is redundant. A Department of Energy report esti- spent nuclear fuel or high level radio- We do not need a risk assessment for mated that a radioactive accident active waste through any State unless items like that, and this amendment, if could take up to 460 days and cost up to the Governor of the State certified it was adopted, would require that $19.4 billion to clean up. No State can that an adequate emergency response every action would require a risk as- afford the economic consequences of a team existed in the State. sessment. disaster of this magnitude. Realizing This, in a sense, would give every It is too much. We do not need it. that, these costs cannot include the in- Governor a veto over nuclear waste The bill is designed to be safe in the tangible loss of life that could also transportation through their State. All transportation of this material. It will occur. that the Governor would have to do is be so. Without the passage of my amend- to refuse to certify that their State has The CHAIRMAN pro tempore (Mr. ment, Mr. Chairman, Governors’ voices adequate emergency response teams, LAHOOD). The question is on the will be stifled in the oversight of trans- and that is it. That is it. A killer amendment offered by the gentleman portation of nuclear waste. amendment. from Nevada [Mr. ENSIGN]. Many people feel as I do, that this is The temptation would be irresistible The question was taken, and the an infringement on States’ rights. to perhaps the Governor of Nevada, be- Chairman pro tempore announced that Every State should have the legal au- cause no matter how adequately the noes appeared to have it thority to make sure their citizenry is trained their emergency response team RECORDED VOTE safe, and it is the job of that Governor might be, the Governor would just say, Mr. ENSIGN. Mr. Chairman, I de- to ensure that all possible remedies are no. mand a recorded vote. used to ensure that. I would ask my colleagues to vote no The CHAIRMAN pro tempore. Pursu- If a nuclear accident did occur, those on this amendment. I would note that ant to House Resolution 283, further first to respond to the disaster must be in the deliberations in the markup be- proceedings on the amendment offered adequately trained. Local firefighters fore our full committee, the gentle- by the gentleman from Nevada will be and police officers will be the first to woman from Missouri, KAREN MCCAR- postponed. respond to nuclear truck or train acci- THY, a respected Member, wanted to It is now in order to consider an dents. offer an amendment. We worked with Amendment No. 5 printed in House Re- The International Association of Fire her, it was included, in fact, in the port 105–354. Fighters stated in a letter that the manager’s amendment, and it directed AMENDMENT NO. 5 OFFERED BY MR. GIBBONS International Association of Fire that the Secretary of Transportation Mr. GIBBONS. Mr. Chairman, I offer Fighters represents more than 225,000 would, in fact, establish procedures for an amendment. emergency responders, who are the Na- the selection of preferred railroad The CHAIRMAN pro tempore. The tion’s first line of defense during any routes for transportation of nuclear Clerk will designate the amendment. hazardous material incident, including waste to an interim storage facility The text of the amendment is as fol- the transportation of highly radio- and repository, and DOT would be di- lows: active material. Without adequate rected to consult with State emergency Amendment No. 5 offered by Mr. GIBBONS: training, it is easy to see why they are response officials in the development of Page 19, insert after line 16 the following: opposing this bill. these preferred routes. ‘‘(e) EMERGENCY RESPONSE TEAM.—The It is the responsibility of the Gov- That means that there is local input. Secretary may not plan for the transpor- ernor of these States to uphold their The Governors and the States are October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9697 going to be involved. Thanks to the In the first place, the amendment is in the State. Just today the Sub- input of the gentlewoman from Mis- not necessary for safe transportation, committee on Government Operations souri [Ms. MCCARTHY], that amend- because the Hazardous Materials urged that the protection of gulf war ment has been adopted as part of this Transportation Act, as the gentleman veterans, the responsibility for that bill, and, therefore, there is no need for from Ohio pointed out, and the Nuclear protection, be taken away from two the Gibbons amendment. Regulatory Commission regulations, major Federal departments because Mr. GIBBONS. Mr. Chairman, I yield apply to all shipments of spent fuel and those departments were lax in protect- myself 30 seconds to respond to this. high level radioactive waste. That, and ing the gulf war veterans who experi- Mr. Chairman, first of all, let me the consulting provisions of H.R. 1270, enced the gulf war syndrome. State we are not just simply picking provide the Governor of each State b 1945 this stuff up and placing it down here with an opportunity to designate. without any transportation occurring A Governor can designate the alter- States ought to take pause when the throughout the course of 43 different nate transportation routes, but they do safety and protection of their popu- States. It is not irresponsible for Gov- not give the Governor the authority to lation rests solely on one Federal de- ernors to want to work and present and prohibit the interstate transportation partment which must be responsive protect the safety of their citizens. I of materials through a State as this first to the nuclear industries, and think it is irresponsible of a Governor amendment would do. This amendment then perhaps to the civilian popu- who does not do that. would kill that. lation. Mr. Chairman, I yield 2 minutes to Now, in reality, the amendment Mr. Chairman, I urge a vote for the the gentleman from Nevada [Mr. EN- would bring the entire nuclear program Gibbons amendment. SIGN]. to a halt by giving any Governor the Mr. DAN SCHAEFER of Colorado. Mr. ENSIGN. Mr. Chairman, I thank right to veto transportation through Mr. Chairman, I yield 3 minutes to the the gentleman for yielding me time. their State. I think their Governor, I gentleman from Illinois [Mr. HASTERT]. Mr. Chairman, this is clearly about think it is Governor Miller, has indi- Mr. HASTERT. Mr. Chairman, I States’ rights and the tenth amend- cated he would do almost anything to thank the gentleman for yielding me ment. This is not a national security prevent this from happening. I do not the time. issue, as some people have said it was. blame him. I would take the same posi- Mr. Chairman, one of the things that We have had nuclear waste at these fa- tion he has taken. But this gives him when we look at amendments we have cilities for decades. If it was a national the same position as any Governor. He to say, what is the reason this amend- security issue now, it would certainly is a Governor, and any Governor can do ment exists? Why do people want to have been a national security issue it. This gives them a veto. put it in? then, and it will be in the future then, First, I would point out that nuclear It is very simple. If one wanted to because we are not taking all the nu- energy has been around a long, long stop nuclear waste and high-level mili- clear waste from these facilities. time. The first plant came on in tary waste from moving across this It will continue to exist in the dis- Shippingport, Pennsylvania, back in country, as it has for scores of millions trict of the gentleman from Michigan 1961. From that day to this date ship- of miles, for decades across this coun- [Mr. UPTON], in the district of the gen- ping is obvious. You have to ship it. It try, safely, then one would say we has to go somewhere. It has to be tleman from Illinois [Mr. HASTERT], would give the ability for an individual and on and on. Nuclear waste will still transported. in a State, in this case the Governor, Then if that happens, we have to look be in their districts. They will not have just to veto this and say ‘‘You cannot and see what the safety record has been as much of it, but they will have it. move this through my State anymore.’’ to date. During the last 30 years, com- What the amendment of the gen- Especially if one wanted to stop nu- mercial nuclear energy has built an im- tleman from Nevada [Mr. GIBBONS] clear waste from going to a permanent peccable safety record of more than does is says that the Governor, who is repository or a temporary repository, 2,900 shipments of used fuel across the the closest representative to a State one would give the Governor the abil- U.S. highways and railroads, and in and is aware of what is happening in ity, the Governor of that State or of that time, no injuries, no fatalities, no their State and knows best, would say other States, to say, ‘‘I am going to environmental damage has occurred, that these emergency response teams veto this,’’ regardless of the Secretary because of the radioactivity of the have to exist and be properly trained of the Department of Transportation, cargo. In fact, there has been no re- the plans they have for safe transpor- before nuclear waste can come through lease of radioactivity during these tation, and the Department of Energy, their State. shipments; 2,900 shipments, shipments What representative here in Congress despite the plans they have for safe of commercial used nuclear fuel and re- storage of high-level nuclear waste, re- would not want their Governor to have search reactor fuel, have traveled more gardless of what those plans are. to say, yes, the emergency response than 1.6 million miles across the coun- But one of the things that I think the teams are in place? Now you can bring try’s highways and rail lines since 1964, author of this amendment forgot to the waste through our State. But until according to the data from the NRC, look at is the constitutionality. One of that Governor says that these emer- the State of Nevada, and from the in- the things that we have guaranteed in gency response teams are in place and dustry. are trained properly, no nuclear waste This is not needed, and I certainly the Constitution of the United States can come through my State if I was a urge that it be defeated. is the ability for interstate trade, and Governor. I would certainly want that Mr. GIBBONS. Mr. Chairman, I yield the movement and transportation of right if I was a Governor, and I know 2 minutes to my colleague and friend, trade across the borders of States not virtually every Governor across this the gentleman from Ohio [Mr. to be inhibited by any one State or any country would want that right as well. KUCINICH]. one person in a State. Mr. DAN SCHAEFER of Colorado. Mr. KUCINICH. Mr. Chairman, I rise This amendment, to my view, is Mr. Chairman, I yield 3 minutes to the in support of the Gibbons amendment. clearly unconstitutional. What it real- gentleman from Texas [Mr. HALL]. The commerce clause of the Constitu- ly does is give the veto power to States Mr. HALL of Texas. Mr. Chairman, I tion of the United States is not a vehi- and individuals in States to stop inter- thank the gentleman for yielding me cle to endanger the rights of States, state commerce, something that is time. but to facilitate the rights of the Union guaranteed in the Constitution. Mr. Chairman, this amendment respecting the States. But beyond that, it also is a way just would prevent the Secretary from tak- There is no respect for the States to stop the process, not to stop the ing any, any, significant action to pre- when we decide to ship millions of tons process just for the storage of nuclear pare for the transportation of this nu- of nuclear waste through 43 States waste that this bill tries to move us to, clear fuel through the State, if the without giving the States a strong a safe storage of nuclear waste, but of Governor, any Governor of the State, voice in the process. all the movement of military waste, of refused to certify that ‘‘an adequate The Governors are ultimately respon- domestic waste that we have in this emergency response team exists.’’ sible for the safety of populations with- country today. H9698 CONGRESSIONAL RECORD — HOUSE October 29, 1997 That means we cannot move it any- transport of hazardous nuclear waste The Chair recognizes the gentleman where, we cannot move it off the ships, material is going to take place. Those from Nevada [Mr. ENSIGN]. we cannot move it off of any reposi- Governors have the right, notwith- Mr. ENSIGN. Mr. Chairman, I yield tories we have, we cannot move it to standing any other arguments that I myself 3 minutes. safer places. So the only alternative have heard here before, to regulate and Mr. Chairman, before I go on to talk left is to have this nuclear waste stack ask that the safety of their constitu- about this amendment, which deals up in the open, out in the elements, ents be protected. with safety, I want to talk about the near some of our most important natu- Let me also say something my moth- comment that the subcommittee chair- ral resources, the Great Lakes, for in- er said to me, that ‘‘If you fail to pre- man made on the last amendment stance, in Michigan and other places, pare, you are preparing to fail.’’ Gov- when he said that, well, of course, if and to be exposed to the elements. ernors across this Nation should pre- the Governors had their choice, every That is not the best and highest pur- pare their response teams for the inevi- one of them would oppose nuclear pose that we have to move forward on table accident of nuclear waste. waste being transported across their to store high-level nuclear waste. It Mr. Chairman, I ask that my col- State and they would stop it. He said was never the intent. leagues support this, support this in every Governor. He may want to re- We have to remember that the Fed- the name of safety, support this in the tract that statement, but he said every eral Government had made a contract name of States’ rights. Governor. Does it not make sense that with the American people in 1982 that Mr. DAN SCHAEFER of Colorado. we would oppose a bill if every Gov- they would take this nuclear waste and Mr. Chairman, I yield myself such time ernor in every State does not want nu- store it in a safe way, and when we say as I may consume. clear waste being transported across Mr. Chairman, this can turn into a store it, we also have to assume it is their State? transportation in a safe manner. We political issue very, very rapidly when Mr. Chairman, I have an amendment, need to move forward and reject this a Governor of a particular State has to and this amendment would simply re- amendment. make the decision on whether or not quire certification by FEMA, and by Mr. GIBBONS. Mr. Chairman, I yield they are going to allow the transport the way, this is an independent agency, 1 minute to my colleague, the gen- of this across State lines. tleman from Massachusetts [Mr. MAR- I guess the one concern that I have that adequate appropriations, in other KEY]. on this is that every one of these Gov- words, monies be appropriated to exist Mr. MARKEY. Mr. Chairman, I thank ernors politically are going to say, hey, for the emergency response teams that the gentleman for yielding me the no way, and we will end up leaving the are going to be necessary across those time. waste in the 35 States or 38 States that 43 States if an accident did occur. Mr. Chairman, I am a very strong be- it is in today. So I would just say I op- Local fire and police departments liever in Thomas Jefferson’s belief in pose the amendment. will be the first ones on the scene of a States’ rights, the rights of States to The CHAIRMAN. The question is on nuclear waste accident, and it is vi- assert their legitimate authority over the amendment offered by the gen- tally important that these forces are that which takes place in their domain. tleman from Nevada [Mr. GIBBONS]. mobilized and trained in responding to I hate it when I see Members of Con- The question was taken; and the possible radiation leaks. H.R. 1270 au- gress out trampling on an individual Chairman announced that the noes ap- thorizes funding for these purposes, but State’s ability to act, on a Governor’s peared to have it. makes that funding contingent upon right to protect a State’s own citizens, Mr. GIBBONS. Mr. Chairman, on that actions of the Committee on Appro- especially when we are told that we do I demand a recorded vote. priations. not even have to make the truck driv- The CHAIRMAN. Pursuant to House This year, for an example, the energy ers liable because it is so safe. They Resolution 283, further proceedings on and water appropriations bill provided cannot even have an accident if they the amendment offered by the gen- $2.6 billion less than the administra- tried. It is in containers that cannot tleman from Nevada [Mr. GIBBONS] will tion’s request for programs that are break, so we are told. Well, as a result, be postponed. ongoing. The money simply is not we are going to suspend the Governor’s It is now in order to consider amend- there. But we need to ensure that if right to be able to ask a few questions, ment No. 6 printed in the House report that money is not provided, that we do but it is over a subject that they are 105–354. not undertake activities when we have telling us is absolutely harmless. AMENDMENT NO. 6 OFFERED BY MR. ENSIGN not adequately prepared to deal with Again, I think if Thomas Jefferson Mr. ENSIGN. Mr. Chairman, I offer the consequences of those activities. were here, he would be very suspicious amendment No. 6. Mr. Chairman, I think it is abso- of a central government telling the The CHAIRMAN. The Clerk will des- lutely outrageous that we would not State to trust us, we are sending ignate the amendment. simply make sure that the money is through cannisters of highly dangerous The text of the amendment is as fol- there, that adequate money is there; materials, but they do not have to lows: not to be appropriated, but actually worry because the central government Amendment No. 6 offered by Mr. ENSIGN: there, mandated that we spend to make has taken care of them. That is where Page 19, insert after line 16 the following: sure that the transport of the deadliest I think Alexander Hamilton was al- ‘‘(c) EMERGENCY RESPONSE.—The Secretary substance known to mankind, if an ac- ways questioned by Thomas Jefferson. may not plan for the transportation of spent nuclear fuel or high-level radioactive waste cident occurs, that those response I hate to see it when Members are out in a fiscal year for which funds appropriated teams have the adequate funding that usurping the legitimate right of Gov- under section 203(c) are insufficient (as de- they can prepare to meet the type of ernors on this kind of a matter. termined by the Federal Emergency Manage- accident that could ensue. Mr. GIBBONS. Mr. Chairman, I yield ment Agency) to ensure adequate and myself such time as I may consume. trained emergency response teams along all Mr. Chairman, I reserve the balance Mr. Chairman, I want to thank the the transportation routes to be used in such of my time. Members for allowing me to present fiscal year. Mr. DAN SCHAEFER of Colorado. my argument on this matter. The CHAIRMAN. Pursuant to House Mr. Chairman, I yield 3 minutes to the Mr. Chairman, I notice my colleague, Resolution 283, the gentleman from Ne- gentleman from Idaho [Mr. CRAPO]. the gentleman from Illinois, talks vada [Mr. ENSIGN] and a Member op- Mr. CRAPO. Mr. Chairman, this about the Commerce Clause. The Com- posed each will control 10 minutes. amendment bars the Department of merce Clause regulates commerce Mr. DAN SCHAEFER of Colorado. Energy from planning for nuclear among the several States, but it is the Mr. Chairman, I rise to claim opposi- waste transportation in any fiscal year 10th Amendment which reserves those tion to the amendment. in which funds are deemed to be insuf- powers not expressly delegated to the The CHAIRMAN. The gentleman ficient by the Federal Energy Manage- Federal Government to the States from Colorado, Mr. DAN SCHAEFER, will ment Agency to ensure adequate and themselves and to the people. control 10 minutes in opposition to the trained emergency response teams It is the health and safety of the peo- amendment offered by the gentleman along all the transportation routes to ple of those States through which this from Nevada [Mr. ENSIGN]. be used in each such fiscal year. October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9699 On its face this sounds like a good tionists. Well, I think those people who It is not a good idea. We do not want to idea, but when we look at it, it is an- are opposing these amendments are the leave it up to the bureaucrats. other amendment designed to prevent obstructionists. Mr. ENSIGN. Mr. Chairman, I yield 1 transportation of nuclear waste. It is What we are talking about here is re- minute to the gentleman from Massa- going to create a circumstance in sponse team funding, paying money chusetts [Mr. MARKEY]. which, instead of addressing this issue out to save people’s lives, human lives. Mr. MARKEY. Mr. Chairman, if it is once and for all, we create now yet The health of humanity, the environ- so very safe to ship these materials again another regulatory mechanism, ment is at risk here. The safety of the under the legal regime which has been where every year we have to fight in citizens is a responsibility of the Gov- established under this bill, then the this Congress over whether we are ernors in these 43 States through which sponsors should not have any problems going to have in place the necessary this material is going to be trans- with this amendment. All we really do structure to move ahead with trans- ported. They need the resources to here is say if FEMA determines that porting the spent nuclear fuel of this make sure that we are doing this safely there is insufficient funds that have country to permanent storage. in the event of that actuality of an ac- been appropriated for emergency re- This amendment would prevent the cident that is bound to happen. sponse teams, then we have to basi- Department of Energy from beginning By the way, let me also take a little cally deal with that issue. to accept nuclear waste in the year time here to talk a little bit about ‘‘In- But we have reached a point here 2002. Last year a Federal court said diana Michigan Power versus DOE.’’ I now where we are saying we have got that the United States has a legal obli- want to dispel these myths about the an unfunded mandate where we are not gation to begin acceptance of nuclear law as it now stands. It does not re- going to help out the State or the local waste in the year 1998. H.R. 1270 pro- quire the Federal Government to take municipality in dealing with this issue. We are telling the Governors they do vides for that acceptance at least by into possession this nuclear material. not have any authority here to deal the year 2002. It says that in the event of an unavoid- with it. And now we are turning to the This amendment would delay the be- able delay, in the event of an unavoid- FEMA and we are saying that this very ginning of that acceptance for years. In able delay, the parties are to readjust safe material is stuff that we do not addition, once FEMA was able to make schedules as appropriate to accommo- even want FEMA to have to certify determinations as required by this date the delay. It does not mandate that they have enough money to be amendment, opponents of the nuclear that the Federal Government take pos- session of this in 1998. It does nothing able to handle it. waste program would seek annually to Mr. Chairman, I think that the pro- that all of this hyperbole that we hear cut funding for emergency response ponents of this bill do protesteth too from the opponents of this amendment training or to otherwise argue that the much about how safe it is while at the say. This case literally does not require funding simply was not sufficient, and same time telling Governors, mayors, if that was not enough, they would try the Federal Government to take pos- FEMA to butt out in terms of question- to work through regulatory routes to session of that. ing, in fact, the real protections given Mr. DAN SCHAEFER of Colorado. get FEMA to simply say they were not to the public. ready. Mr. Chairman, I yield 3 minutes to the Mr. DAN SCHAEFER of Colorado. If their efforts were successful, nu- gentleman from Texas [Mr. HALL]. Mr. Chairman, I yield 2 minutes to the Mr. HALL of Texas. Mr. Chairman, clear transportation would be blocked gentleman from Michigan [Mr. UPTON]. for another entire year, year after inasmuch as the gentleman from Ne- Mr. UPTON. Mr. Chairman, I would year, as the process of debate moved vada [Mr. ENSIGN] took some of his just remind my colleagues that this is forward. This amendment is designed time to answer the gentleman from a duplicative amendment. Under the to create yet one more venue where we Colorado [Mr. SCHAEFER], let me an- existing law and this bill, H.R. 1270, debate endlessly the question of how swer something the gentleman from DOE provides funding from the income will we deal with spent nuclear fuel in Nevada said a little bit ago. under this program to provide emer- this country. It is not designed to im- Mr. Chairman, I do not consider them gency response training for State and prove training of emergency response obstructionists, and we are trying not local entities in the unlikely event of teams or promote that safe transpor- to be. The gentleman mentioned that an accident with radioactive materials. tation; it is designed to keep nuclear they play the odds in Las Vegas. I have Under the funding, the DOE already waste where it now is, spread out been to Las Vegas. The last time I was provides assistance for training of across the country in scores of sites in out there I saw a dejected fellow sit- State and local officials and tribal 35 or more States. ting over there. He lost all of his emergency rescue workers. The com- We have, as we have discussed repeat- money and he could not borrow any mercial nuclear safe record during 2,900 edly tonight, a safe transportation sys- more money and he could not cash any shipments speak to the effectiveness of tem. If we need more safety, we can ap- checks, but the management was kind the training. propriate the necessary dollars to do out there and they offered him some I remind my colleagues that this ra- so. I do not believe there would be food. And he said, ‘‘No, I can’t do that. dioactive material did not just show up much objection to appropriating for My bus will be here in a few minutes.’’ at these 80 different facilities around strengthened and increased training in And they said, ‘‘Oh, you have to catch the country. It had to get there. And FEMA. But we do not need to fall for the bus?’’ And he said, ‘‘No, I’m going some 1,300 tons of the radioactive rods the trick of tying that FEMA funding to get in front of it.’’ were shipped without accident, without to the ability of the Department of En- Mr. Chairman, that is what we would spillage, without a single release of nu- ergy to transport the spent nuclear do if this amendment passed. Because clear material, all under the safe guid- fuel in this country as is necessary for whereas the other amendment said ance of the Department of Energy. the security and safety of our Nation. that any Governor could veto it, this Mr. Chairman, to change that record sets out that a bureaucrat can veto it. b and give it to somebody else and let 2000 They are going to let FERC veto it. them start all over and do their regula- Mr. ENSIGN. Mr. Chairman, I think That is of course outrageous. tions is just further delay. I would urge it is important to point out that we are H.R. 1270 provides already for tech- my colleagues: ‘‘If it ain’t broke, don’t more concerned about people’s lives, nical assistance and funding to the fix it.’’ The system works now under where they are more concerned about States, to the effected units of local the guidance of the Department of En- the process that goes on here in the governments, Indian tribes and non- ergy, and I have a feeling of confidence Congress. profit organizations for the training of that it will continue without this Mr. Chairman, I yield 2 minutes to local public safety officials. amendment. the gentleman from Nevada [Mr. GIB- The amendment would give the Di- Mr. ENSIGN. Mr. Chairman, I yield 2 BONS]. rector of FEMA complete discretion minutes to the gentleman from Ohio Mr. GIBBONS. Mr. Chairman, it over whether this act is implemented. I [Mr. KUCINICH]. seems that we have been called a lot of just do not think we want to do that. It Mr. KUCINICH. Mr. Chairman, I urge things this evening, especially obstruc- would be an illegal delegation of power. a ‘‘yes’’ vote on the amendment. There H9700 CONGRESSIONAL RECORD — HOUSE October 29, 1997 are a number of assumptions that are is stored in scores of States and scores money is appropriated, the money is being made here in this debate. I recall of places, in people’s backyards, back- adequately appropriated, not just au- the remarks of the gentleman from yards in our communities next to natu- thorized but adequately appropriated, Texas [Mr. HALL] about betting in Las ral resources. We need to find a safe that these emergency response teams Vegas. We are betting that radioactive place to do it. would be in place. To do anything less waste cannot spill. We are betting that But if they are going to stop that would be a dereliction of our moral trucks carrying the radioactive waste from happening, what they really do duty to our constituents all across will not have accidents. We are betting here is say, well, let us let FEMA do these United States. that trains which carry the radioactive this now. Mr. Chairman, FEMA has Mr. Chairman, I yield back the bal- waste will not derail. We are betting never had any experience in nuclear ance of my time. that the casks which contain the radio- waste. They are not an agency that Mr. DAN SCHAEFER of Colorado. active waste transported will not deals with transportation of nuclear Mr. Chairman, I have no more speak- break, will not come open or leak. waste, but we are going to say that ers, and I yield back the balance of my But that has a familiar ring. It FEMA now has the ability to do this time. sounds like the Titanic will not sink. and has to put together rules and has The CHAIRMAN. The question is on The Hindenburg will not fall out of the to put together a whole process and, by the amendment offered by the gen- sky. Or if my colleagues want a modern the way, that is going to be a couple of tleman from Nevada [Mr. ENSIGN]. reference, that Three Mile Island will years so we cannot even begin to plan The question was taken; and the never have an accident. to move nuclear waste in this country Chairman announced that the noes ap- Mr. Chairman, I would say, again re- until we have another bureaucracy in- peared to have it. ferring to the remarks of the gen- volved. Mr. ENSIGN. Mr. Chairman, I de- tleman from Texas, that we might have Mr. Chairman, we might as well mand a recorded vote. better odds of getting out in front of bring in the Indians and try to switch The CHAIRMAN. Pursuant to House that bus than we may have of there not this thing off onto the dead track. We Resolution 283, further proceedings on being any accident. need to defeat this amendment and the amendment offered by the gen- So safety is an issue. Let us keep fo- move on. tleman from Nevada [Mr. ENSIGN] will cused on this safety issue which is im- Mr. ENSIGN. Mr. Chairman, I yield be postponed. plicit in this amendment. The bill myself the balance of my time. It is now in order to consider amend- Mr. Chairman, what we are talking would send an estimated 100,000 ship- ment No. 7 printed in House Report about here is really just a safety issue, ments of high-level radioactive waste 105–354. just to make sure that there is a com- through 43 States, passing 50 million fort level for the people in America. AMENDMENT NO. 7 OFFERED BY MR. MARKEY people in their communities. At the The authors of the bill have even said Mr. MARKEY. Mr. Chairman, I offer very least, we need to ensure there are this is unnecessary because this bill an amendment. safeguards in place and that means authorizes the monies for these emer- The CHAIRMAN. The Clerk will des- money to train emergency response gency response teams. All we are say- ignate the amendment. teams along the transportation routes. ing is, and I have only been here al- The text of the amendment is as fol- And if there is not enough money, ap- most 3 years, and even in that very lows: propriate it to ensure that adequate re- short period of time I have seen bills Amendment No. 7 offered by Mr. sponse teams are in place along the that are authorized for certain amount MARKEY: waste transportation route. of money. Does the Highway Trust Page 36, strike line 18 and all that follows Mr. Chairman, the Department of En- Fund sound familiar to anybody? Au- through line 9 on page 39. ergy ought not be prohibited from thorized for a certain amount of money The CHAIRMAN. Pursuant to House planning for the transportation of this and then that money not being spent. Resolution 283, the gentleman from radioactive waste. The trust fund that we are talking Massachusetts [Mr. MARKEY] and the Mr. DAN SCHAEFER of Colorado. about here, does that sound familiar to gentleman from Colorado [Mr. DAN Mr. Chairman, I yield 2 minutes to the my colleagues? SCHAEFER] will each control 10 min- gentleman from Illinois [Mr. HASTERT]. Well, what we are saying is that we utes. Mr. HASTERT. Mr. Chairman, I re- want to make sure that the money is The Chair recognizes the gentleman member when I was a kid the old west- not just authorized; that the money ac- from Massachusetts [Mr. MARKEY]. ern movies were out there. My mother tually gets to those emergency re- b 2015 never told me much about nuclear sponse teams so that if there is an acci- waste, but we used to watch the west- dent, that the people are adequately Mr. MARKEY. Mr. Chairman, I yield ern movies. And if they had to stop the trained and can handle this. myself such time as I may consume. train that had the stuff in it from get- We have been lucky in this country. Mr. Chairman, it is one thing when ting to the good guys, first of all they We have not had the kind of nuclear they tell us, as proponents of this legis- sent the Indians after it. We have to disaster from an accident that all of us lation, that we really do not have to be confer with the Indians. We passed that would never want to happen. But if it concerned about it traveling down the amendment tonight. Then they does happen, would any of us want to highway and we really do not have to switched it off on the spur so it cannot face the parents of a child that was give any authority to local mayors or go down the track. Well, we can do killed in one of these accidents? Was Governors, even the FEMA, to be able that. But really the question is here exposed to some kind of radiation that to properly protect public safety. But how many bureaucracies do we have to ended up at that point leading to can- it is another thing, Mr. Chairman, have to stop nuclear waste from get- cer or to certain death? when the Congress determines that a ting to a place of safe storage? Well, Mr. Chairman, I think that the human being can be exposed to 100 Well, Mr. Chairman, we have the De- very least we can do for those people is millirems of radiation at this site with partment of Defense, first of all, that to make sure that if an accident does no health consequences for the individ- has some of this nuclear waste. They occur, that the people in the surround- ual. are involved in this thing. We have ing areas have the comfort level that In other countries in the world, they DOE, Department of Energy, who pre- their emergency response teams are in have much different standards than are scribes the safe way to transport this, place and have been well-trained be- built into this bill. In Canada, it is one to bundle it, to package it, to store it. cause the monies from this Congress, millirem a year. In Finland and Swit- And then we also have the Department and this Congress is the one who is zerland, it is 10 millirems a year. In of Transportation. doing all of this. It is not the States France, it is 25 millirems a year. But Now, I understand that the sponsors out there. This Congress is the one here the Congress is going to decide of this amendment certainly would transporting this waste, authorizing that pregnant women, children can be like to stop nuclear waste from going the transport of this waste. exposed to 100 millirems a year, even to a safe destination where we can have So this Congress should take the re- though we know that at that level, one a final resting place for this stuff that sponsibility to make sure that the in 286 people exposed to that level of October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9701 radiation will, in fact, contract fatal of the women, the children, the men is safe. The agencies involved have de- cancer. who are going to be exposed to the clared it to be safe. And if it needs to Now, I can understand how we can millirems in the construction of this be adjusted, it can be adjusted. pretend that the canisters cannot site and working around this site, and What about the issue of human intru- break. I can understand how we can I ask that it be adopted for future gen- sion? The gentleman from Massachu- pretend that the driver will never get erations as they may be exposed unwit- setts [Mr. MARKEY] made a good point. drunk. But we cannot pretend that tingly to this facility. He speculated, I think with a little science does not exist. We cannot pre- Mr. Chairman, I reserve the balance smile on his face, about what extreme tend that the National Academy of of my time. circumstances we could hypothesize Sciences does not exist. And we cannot Mr. DAN SCHAEFER of Colorado. that could happen in the future. I guess pretend to be experts. A congressional Mr. Chairman, I yield 4 minutes to the we could hypothesize that the entire expert is an oxymoron. We are only ex- gentleman from Idaho [Mr. CRAPO]. earth population would be obliterated perts compared to each other. We are Mr. CRAPO. Mr. Chairman, once by some tragedy, that we would lose all not experts compared to real experts, again we are debating another amend- ability to communicate or understand radiation experts, medical people. ment which clearly is going to stop the what had happened, and that someone Where do we get off picking 100 purpose of the bill from moving for- would then go to Yucca Mountain and millirems knowing that one in 286 peo- ward. drill down through the core of the ple exposed will in fact contract fatal H.R. 1270 establishes a presumptive earth into the facility and cause a re- cancer? By the way, this 100 millirems radiation protection standard of 100 lease. is on top of all of the other radiation millirems or 1/3 background levels. It is exactly that type of speculation exposure that a human being is exposed This standard was not chosen arbitrar- that has caused the National Academy to in the course of a year. It is abso- ily, as those who support the amend- of Sciences to say that reaching a con- lutely unbelievable. ment seem to suggest. Instead it re- clusion on these types of assumptions Now, the second part of my amend- flects the judgment of the Inter- is not possible in terms of predicting ment deals with the absolutely, I national Council for Radiation Protec- human behavior thousands of years think, preposterous leap that there can tion and is the standard that has been into the future, and to say that for be no human intrusion at Yucca Moun- adopted by the NRC in its regulations that reason it is hardly surprising that tain for 1,000 years. That is, by assum- for general public protection. Congress would seek a resolution of ing that, we do not have to build in any H.R. 1270 further allows NRC to these issues so that the EPA and that extra environmental protections. Now, amend the radiation standard if they those conducting the studies do not we have no idea if some nuclear Indi- deem it necessary for the protection of have to go on with endless speculation ana Jones nine centuries from now public health and safety. And it is the about these types of activities, can might be wandering around some deso- NRC, not the EPA, that is the agency make sensible, common sense analysis late location in Nevada not knowing with expertise on radiation. NRC has and move forward in a common sense what went on back in the Congress in concluded that the standard in H.R. way rather than going on with these ir- 1997. And perhaps we have not left be- 1270, and I quote, will fully protect pub- rational ideas about speculating about hind some nuclear Rosetta stone, be- lic health and safety and the environ- such highly remote possibilities. Those cause perhaps English is not being spo- ment. And H.R. 1270 requires the NRC are the issues we are facing in this ken in that part of the world at that to consult with the EPA. amendment. It is one more attempt to time, and they come across this site. But another point needs to be made. derail this legislation. Mr. Chairman, Well, this bill assumes that Indiana That is, this bill does not set a stand- we should oppose this amendment. Jones cannot break in, cannot wander ard out of just the desire for Congress The CHAIRMAN. The gentleman in with their entire tribe and be ex- to move ahead on this. It sets it out of from Massachusetts [Mr. MARKEY] has 41⁄2 minutes remaining, and the gen- posed to this incredible blast of radi- frustration with inaction by the EPA. tleman from Colorado [Mr. DAN SCHAE- ation that will hit them as soon as In 1982, the EPA was directed to pro- FER] has 6 minutes remaining. they crack through. All of it, of course, mulgate these standards. It failed to do Mr. MARKEY. Mr. Chairman, I yield contributing to the ridiculous final pic- so. 11⁄2 minutes to the gentleman from Ne- ture of what is being sold out here on Fifteen years later it has not estab- vada [Mr. GIBBONS]. the floor, is just an attempt to run lished such a standard. In 1992, the EPA Mr. GIBBONS. Mr. Chairman, I roughshod over EPA, over the Nuclear was directed to establish standards for thank the gentleman for yielding me Regulatory Commission, over the radiation releases and still after enter- the time. I think he hit the nuclear FEMA, over Governors, over mayors, ing into a science study and getting highlight right on the head today with over selectmen, over individual Ameri- the results of that study in 1995, it has setting the standards. The standards cans and over unsuspecting-centuries- not issued those standards. were set not by scientists, not by doc- from-now individuals that might run Continued inaction by the EPA tors who understand radioactive mate- across this site. should not be allowed to block us from rials, but rather the Congressmen and I ask, Mr. Chairman, for this amend- moving forward. women, sitting on the Committee on ment to be adopted. My amendment re- The gentleman from Massachusetts Commerce, established a bill with stores the EPA as an agency which will [Mr. MARKEY] often states that the ra- these radioactive standards in it. have to establish the minimal radi- diation standard in H.R. 1270 will cause Let me tell my colleagues what the ation exposure for human beings at cancer deaths. The fact is, however, standard really talks about here. We this site. My amendment pulls back that two years ago the NRC told the are talking about 100 millirems. The the assumption that no human intru- gentleman from Massachusetts [Mr. standard is clearly far above any other sion is possible and, as a result, says MARKEY] that the radiation standard in standard established in the law today; we have got to build in protections H.R. 1270 would protect human health. that was clearly pointed out by my col- upon the assumption that it just might On July 13, 1995, the NRC wrote to league, the gentleman from Massachu- happen at some time. him and told him that this radiation setts [Mr. MARKEY]. We are burying this for 10,000 years, standard will likely cause zero cancer Let me tell Members a little more longer than all recorded history to this deaths. In the letter the NRC stated about nuclear radiation and what one moment. And this Congress is sitting that there would only be cancer deaths of these nuclear irradiated rods means around in committees making deci- if a population of 1,400 people lived on to us. sions about how much protection we top of the repository for 70 years. And Now, if you are a person standing one are going to be giving to people cen- Yucca Mountain, as we know, has been yard away from an unshielded 10-year- turies from now. I do not think so. I do withdrawn into this bill and is very old nuclear rod assembly, you would not think we have that kind of wisdom, sparsely populated. get a lethal dose; that is, a deadly dose congressional experts that we may be. The fact is that the average Amer- of radiation, 500 rems in less than 3 So I ask that the Markey amendment ican is exposed to 300 millirems of nat- minutes, less than 3 minutes. A 30-sec- be adopted for the protection near term ural radiation per year. This standard ond exposure at 100 rems, which is the H9702 CONGRESSIONAL RECORD — HOUSE October 29, 1997 proposed standard that they have es- an annual effective dose of 100 mospheric tests, are safe. As a matter tablished, a 30-second exposure at the millirems to the average member of of fact, if we go out to the Nevada test same distance at 100 rems would sig- the general population in the vicinity site, we will see where the bleachers nificantly increase the risk of cancer of Yucca Mountain and views that used to be where people used to put on, or genetic damage. standard as consistent with the protec- basically, these glasses with little slits Mr. Chairman, we are talking about tion of the public health and safety.’’ in them and they used to watch above- significant human risk, human life and Not roughshod. What happened in the ground nuclear, atmospheric nuclear the establishment of a new standard Committee on Commerce? We had this tests. Ask the people in southern Utah that was not set by scientific evalua- identical, I believe it was identical if they trust the Federal Government tion. It was set by the people on the amendment in the Committee on Com- to be setting a standard like this. Committee on Commerce. That is merce about a month ago. It was voted We are raising the standard simply wrong. Vote for the Markey amend- down at least 2 to 1. This committee because we need to for transportation. ment. voted on this bill just recently, less The international community, in Swe- Mr. DAN SCHAEFER of Colorado. than a month ago. They voted 43 to 3 den the standard is 10 millirems, not Mr. Chairman, I yield 3 minutes to the for the standard that is in this bill. 100, like this bill says; France is 25 gentleman from Texas [Mr. HALL]. b 2030 millirems per year; Finland and Swit- Mr. HALL of Texas. Mr. Chairman, I zerland, 10 millirems per year; and Can- yield to the gentleman from Michigan I think it is obvious that this is an ada is 1 millirem per year. [Mr. UPTON]. amendment that should be defeated, Should we in the United States not Mr. UPTON. Mr. Chairman, I did not and I urge the defeat of the amend- protect our citizens the same as these want to leave my friend from Massa- ment. countries? I urge a ‘‘yes″ vote on the chusetts’ comments unresponded to The CHAIRMAN. The gentleman Markey amendment. with regard to the thousand years. from Massachusetts, Mr. MARKEY, has 3 Mr. MARKEY. Mr. Chairman, I yield Here is what it looks like. Looks like minutes remaining. The gentleman myself the remaining 1 minute. the moon. from Colorado, Mr. DAN SCHAEFER, has Mr. Chairman, the people in Nevada I would like to propose that we might 3 minutes remaining. and the people of this country were get a unanimous consent amendment Mr. MARKEY. Mr. Chairman, I yield told in the 1940’s and the 1950’s that to put a statue of ED MARKEY out in 1 minute to the gentleman from Ohio they were not going to be exposed to front with some of the speeches that he [Mr. KUCINICH]. undue amounts of radiation when the has delivered. I can guarantee my col- Mr. KUCINICH. Mr. Chairman, Lin- nuclear test blasts were going off in leagues that no one will be close to this coln is often quoted as saying, ‘‘A gov- that part of America. thing for 2,000 years, let alone 1,000, ernment of the people, by the people, Well, it turns out that this summer, and we will not need the Park Service and for the people shall not perish from after holding this information for the to build a $330,000 commode for 950 this earth.’’ Well, neither will radio- last 40 to 45 years, that the Federal years from now. I wonder if the gen- active waste. Government now tells us that, in fact, tleman would object to such a unani- If an accident should occur that ex- millions of Americans were exposed to mous consent amendment? poses the public to spent nuclear fuel, unhealthy levels of iodine, unhealthy Mr. MARKEY. Mr. Chairman, if it is the results could be deadly. A person levels of strontium 90 in locations that facing the Upton statue, I would be standing one yard away from an had never before been considered, not more than willing. unshielded 10-year-old fuel assembly just in Nevada but all over the United Mr. HALL of Texas. Reclaiming my could receive a lethal dose of radiation States, wherever the plume of those ex- time, Mr. Chairman, I do not know in less than 3 minutes, and exposure of plosions carried by the winds might anything about statues, but I do not only 30 seconds would significantly in- have endangered health and safety. know anybody that runs roughshod crease the risk of cancer or genetic Well, once again we have the Federal over the gentleman from Massachu- damage. So the public ought to be fully Government sitting here picking a setts [Mr. MARKEY]. He stands his informed of such risks. start, 100 millirems. We decide. ‘‘Do ground pretty well. Sometimes I agree The bill sets a standard which allows not worry about it. Bring your chil- with him; usually I do not. But I al- an annual radiation dose of 100 dren. Bring your pregnant wife. Do not ways respect him and admire him. millirems per average member of the worry about it.’’ We have no right, we This amendment would strike H.R. surrounding population, which is 4 have no business, especially after what 1270 provisions that limit the Environ- times the amount allowed by current we have learned this past summer mental Protection Agency from setting regulations for storage facilities. This about what the Federal Government radiation protection standards. Well, exposure level is associated with the did in Nevada and surrounding States for them to set it, we charged EPA 15 lifetime risk of one excess cancer death in the 1950’s. years ago to develop a radiation stand- for every 286 exposed individuals. Mr. DAN SCHAEFER of Colorado. ard for a Federal repository. They have If the population local to the interim Mr. Chairman, I yield the final 3 min- yet to do so. I do not see any reason to dump site is to be exposed to this in- utes to the gentleman from Iowa [Mr. ask them or to even seek their opinion, creased health risk, then they should GANSKE]. but it is asked. be protected in every possible way. Mr. GANSKE. Mr. Chairman, I rise in EPA is involved in the standard set- I say support the Markey amend- opposition to this amendment. I am on ting practice by advising the Nuclear ment. the Committee on Commerce. I am also Regulatory Commission. And if the The CHAIRMAN. The gentleman a physician. And in looking at this leg- NRC believes a stricter standard is re- from Massachusetts, Mr. MARKEY, has 2 islation, I think it is reasonable, I quired to protect health and safety, the minutes remaining. The gentleman think the standards are reasonable. bill authorizes the commission to de- from Colorado, Mr. DAN SCHAEFER, has We are talking about 100 millirems velop a stricter standard. So it gives 3 minutes remaining. per year. For the average American, more standards and more strictness to Mr. MARKEY. Mr. Chairman, I yield the exposure from the sunlight is about the bill. 1 minute to the gentleman from Ne- 300 millirems per year, three times NRC has testified before the Commit- vada [Mr. ENSIGN]. that amount. If one lives in a higher tee on Commerce and let me talk about Mr. ENSIGN. Mr. Chairman, I thank place, a higher altitude place like Den- that. Did we run roughshod over them? the gentleman from Massachusetts ver, CO, we are talking about 400 Listen to the testimony of Shirley Ann [Mr. MARKEY] for yielding. millirems per year. If we are talking Jackson, NRC Chairman, April 29, 1997 We have heard that the NRC says about a flight attendant, actually prob- in testimony regarding H.R. 1270 before that 100 millirems is fine. But also, re- ably almost all our colleagues who the House Subcommittee on Energy member, I am from the State of Ne- have to fly in airplanes, we get higher and Power. vada. Remember what the Federal Gov- doses than that. If we are talking ‘‘The Nuclear Regulatory Commis- ernment said back in the 1950s. They about two chest x-rays, we are talking sion notes the standard in H.R. 1270 of said above-ground nuclear tests, at- about 100 millirems. If we are talking October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9703 about a surgeon who works in an oper- vada [Mr. GIBBONS] and a Member op- A GAO study has estimated that the ating room where they take x-rays, we posed each will control 10 minutes. Yucca Mountain project construction are talking about in excess of 100 Mr. HALL of Texas. Mr. Chairman, I cost will be nearly $33 billion. There is millirems per year. This is safe. claim the time in opposition to the only $13 billion in the fund right now. But I also support the bill, and I amendment offered by the gentleman The shortfalls would quickly appear if think that we need to look at the safe- from Nevada [Mr. GIBBONS]. Congress should pass H.R. 1270 without ty that is built into this bill. The Nu- The CHAIRMAN. The gentleman this amendment. clear Regulatory Commission has from Texas [Mr. HALL] will be allo- The Congressional Budget Office looked at these casks that this mate- cated 10 minutes in opposition to the states that the impact of carrying out rial is going to be transported in. That amendment offered by the gentleman H.R. 1270 would be a net discretionary cask is literally stronger and more from Nevada [Mr. GIBBONS]. spending increase of $1.9 billion over powerful than a locomotive. When a The Chair recognizes the gentleman the expected waste fund receipts during speeding 120-ton locomotive is crashed from Nevada [Mr. GIBBONS]. the 1998 to the 2002 period. While H.R. into a 25-ton nuclear waste cask at 80 Mr. GIBBONS. Mr. Chairman, I yield 1270 would change the financing of the miles per hour, the train is demolished myself such time as I may consume. nuclear waste program from a steady 1 but the cask is okay. The amendment that I am offering mill per kilowatt hour fee to an adjust- Other tests show that the cask is im- today will protect the American tax- able fee tied to annual program appro- pervious to heat, including a 30-minute payers from being forced to pay out of priations, the bill also dictates that exposure to 1475 degrees Fahrenheit their own pockets for a highly irradi- the average fee over the next 12 years that engulfs the entire chamber. We ated nuclear storage facility at Yucca cannot exceed 1 mill. drop that cask nearly 4 feet onto a 6- Mountain, Nevada, thousands and Moreover, as electricity deregulation inch steel rod and it still does not leak. thousands of years into the future. continues and the higher-priced nu- Furthermore, Mr. Chairman, it is not Since 1987, the utility ratepayers clear power is forced to compete with that we have not seen a lot of transpor- have paid, yes, they have, based on cheaper forms of generated electricity, tation of nuclear material in the last 30 electricity generated by nuclear power it is probable that many nuclear reac- years. There have been, on an average, plants, into the nuclear waste trust tors will be decommissioned before 100 trips per year by specially-trained fund. These funds were intended to be their licenses expire. One study pre- crews, over 2,300 trips, and there has used for suitability study and construc- dicted that 40 percent of operating re- never been a leak or release of any ra- tion of a deep geologic storage facility actors would shut down early and dioactivity. at Yucca Mountain, Nevada, for high- would therefore cease making con- When we get right down to it, Mr. level nuclear waste. The fees were tributions to the nuclear waste fund. Chairman, we have to decide on a very based on 1 mill per kilowatt hour; 1 Without passage of this amendment, important issue: Do we want this nu- mill roughly equals one-tenth of one the nuclear waste fund will boil and clear waste scattered around the coun- cent. distill down to Congress either making try at 50 sites, close to Lake Superior, Unfortunately, despite the presence the taxpayers of this country pay for close to major population centers, or of this trust fund, the nuclear power the storage and transportation of nu- should we put it out in the desert away lobby is trying to force all American clear waste or abandon the project al- taxpayers to pick up the tab for trans- from the population centers in a safe together. porting and storing this waste at place? The great people of Nevada do not Mr. Chairman, I will tell my col- Yucca Mountain. Why? Because nu- benefit from nuclear energy, nor do leagues what the people of Iowa are clear waste translates into stranded States that lack nuclear power plants. telling me. They are telling me, put it capital cost for these energy compa- Why should they be required to pay for away from where the people are, put it nies. a nuclear storage facility? Why should The current Nuclear Waste Policy away from our Great Lakes, get it they be forced to spend their tax dol- Act assumes that a permanent storage away from our rivers where, if an acci- lars to support a nuclear industry bail- facility would be ready by 1998. How- dent would happen, we would have a out? ever, this option is not available. The disaster; and put it into one place, put At a time when Congress is making Nuclear Waste Policy Act states in sec- it into one place where it is efficiently great strides to balancing the Federal tion 111(a)(5) and 131(a)(1) that the re- budget, we should continue this laud- and safely watched over. sponsibility for interim storage rests The CHAIRMAN. The question is on able goal and allow the Secretary of directly upon the generators of high- the amendment offered by the gen- Energy to increase the mill rate to pro- level waste. However, yet again, these tleman from Massachusetts [Mr. MAR- tect the taxpayers of this country. It is poster boys for corporate welfare want KEY]. for these reasons, Mr. Chairman, that I The question was taken; and the American taxpayers to take all legal ask Members to protect the American Chair announced that the noes ap- responsibility and provide the funding taxpayer and make a common sense for this highly irradiated nuclear peared to have it. vote on a very important fiscal issue. I Mr. MARKEY. Mr. Chairman, I de- waste. ask for their support and ask them to My amendment would delete the cap mand a recorded vote. vote favorably for this amendment. The CHAIRMAN. Pursuant to House within the bill and give the Secretary Mr. Chairman, I reserve the balance Resolution 283, further proceedings on of Energy the authority to assess a fee of my time. the amendment offered by the gen- on the existing reactors to reflect the Mr. HALL of Texas. Mr. Chairman, I amount of funding needed in a given tleman from Massachusetts [Mr. MAR- yield myself such time as I may year to cover the cost of operating KEY] will be postponed. consume. It is now in order to consider Amend- Yucca Mountain, thereby sparing tax- Let me say, this amendment would ment No. 8 printed in House Report payers who have no stake in nuclear delete the 1 mill cap and permit the 105–354. power or nuclear waste. Secretary of Energy to assess a fee on The problem exists as reactors shut AMENDMENT NO. 8 OFFERED BY MR. GIBBONS existing nuclear energy plants to re- Mr. GIBBONS. Mr. Chairman, I offer down, Mr. Chairman, which will in- flect the amount of funding needed in a an amendment. crease logarithmically into the future. given year to cover the cost of oper- The CHAIRMAN. The Clerk will des- This means that there will no longer be ations. Basically, that is what it does, ignate the amendment. revenue generated nor a revenue but let us really analyze it. The text of the amendment is as fol- stream to fund the development and First, they suggested to let the gov- lows: operation of that repository for thou- ernor have veto power. That will flat Amendment No. 8 offered by Mr. GIBBONS: sands and thousands of years following kill it. Next, they are going to let Page 55, beginning in line 3 strike ‘‘, except the last reactor shutdown. The likeli- FERC make some decisions that could that’’ and all that follows through line 21 hood of the utilities being able to cover cancel it. And now they are going to and insert a period. the cost of permanent repository is let the Secretary of Energy assess a The CHAIRMAN. Pursuant to House very unlikely, and the financial burden fee, not only an illegal delegation of Resolution 283, the gentleman from Ne- will be shifted to the taxpayer. fees and of congressional authority. H9704 CONGRESSIONAL RECORD — HOUSE October 29, 1997

b 2045 at least vote for this amendment. This Mr. Chairman, I yield 11⁄2 minutes to It is not only an illegal delegation of bill is bad enough, but at least this the gentleman from Ohio [Mr. fees and the congressional authority, amendment would give the taxpayer KUCINICH]. the facts are hard and clear that suffi- some sort of protection against the nu- Mr. KUCINICH. Mr. Chairman, util- cient funding exists already under H.R. clear power industry shifting the bur- ity bills will go up because of this leg- 1270. The annual contribution of nu- den from themselves to the taxpayer. islation. Taxes will go up because of Mr. HALL of Texas. Mr. Chairman, I clear generated electricity consumers this bill. Utility profits and stocks will yield 3 minutes to the gentleman from to the Nuclear Waste Fund would be also go up. Is there a connection? It is based on the annual amount spent by Illinois [Mr. HASTERT]. Mr. HASTERT. Mr. Chairman, I an outrage that the American people the government to build storage and thank the gentleman from Texas for will pay the price with their health, disposal facilities for used nuclear fuel. yielding me this time. with higher utility rates and with This amendment, so far as I read it, If Members want to stand logic on its higher tax dollars to dispose of waste says, ‘‘We gotta collect more money head, take the argument from the last which comes from commercial nuclear because there isn’t enough money to gentleman from Nevada and say what reactors. The Gibbons amendment finish the program 30 years from now.’’ we are going to do is not the nuclear seeks to mitigate this unfair condition The key argument against that is that companies that are the power compa- by ensuring that there will be enough we have collected over $13 billion since nies that have this, it is the rate- money in the Nuclear Waste Fund to 1983. We have spent $6 billion, diverted payers. Ratepayers are people who flip pay for the safe disposal of high-level it elsewhere. I think by 2010 the Nu- the switch on and expect the lights to nuclear waste generated at commercial clear Waste Fund balance is projected go on and they also happen to be tax- nuclear reactors. Let the nuclear utili- to be $20.9 billion. That is enough to payers. So the people who are getting ties pay the bill for the nuclear dump, support an interim storage facility and gouged in this amendment are the tax- not the American taxpayers. begin operating a permanent reposi- payers of this country, the ratepayers. Mr. Chairman, the utilities exist for tory, according to the DOE program What they really want you to do is say, us. We do not exist for them. We give cost projections provided to Congress now when you flick the lights on, not them the right to operate in the public in July of this year. Also there is al- only are you going to have to pay, are interest, and we have the responsibility ready a provision in the bill to expand you paying this contract that you had to protect the American taxpayers. the $1 million cap to $1.5 million to pay with the Federal Government and the There is a rather notorious nuclear re- for construction of central storage fa- Federal Government says you are actor in northeast Ohio called the cilities. Mr. Chairman, the amendment going to take this waste and store it as Perry Nuclear Power Plant. More than is not needed. It is already provided of 1998, the Federal Government and 20 years ago I stood on the grounds for. We urge the defeat of the amend- these folks here say, you can just for- where Perry was being built to protest ment. get about that contract, that promise this project. It was supposed to have Mr. Chairman, I reserve the balance to the American people, and, by the of my time. been 2 reactors at a price of $1 billion, way, we are going to ask for more and it turned into one reactor at a Mr. GIBBONS. Mr. Chairman, I yield money. But the real ridiculous issue 2 minutes to the distinguished gen- price of $6 billion. Guess what? The re- here is they are going to ask for more actor was built on a fault line. Since tleman from Las Vegas, Nevada [Mr. money. They want more money from ENSIGN]. then the nuclear utility company has American ratepayers, American tax- gone down into the dumper and the Mr. ENSIGN. Mr. Chairman, I thank payers? Mr. Chairman, we have paid in the gentleman for yielding me this stocks have gone down. It has almost $13 billion. Six billion of those dollars gone bankrupt. But the taxpayers and time. First we had environmental pro- never went to the nuclear repository. tections. They nixed those. Next safe- ratepayers of northeast Ohio have had $6 billion went to the big spenders over to suffer the consequences. ty, public safety, discarded. Next, here in the Federal Government. They States rights, 10th amendment, ig- have funded the United Nations with Mr. HALL of Texas. Mr. Chairman, I nored. Also private property rights. it. They have funded welfare programs yield 2 minutes to the gentleman from They would not even allow us to have with it. Now they want to fund more of Michigan [Mr. UPTON]. an amendment on this floor to debate their big government programs with it. Mr. UPTON. Mr. Chairman, I would private property rights. Gotten rid of. I think we need to have some respon- remind my colleagues that the Nuclear Lastly, Mr. Chairman, we have to at sibility for the American taxpayer and Waste Policy Act of 1982 required that least support the taxpayer. Of anybody the American ratepayer, those people consumers of nuclear-generated elec- we have got to be concerned about on who have to be responsible, that have tricity pay a fixed fee to the Nuclear here, should we at least not be support- to go out and earn a living, that carry Waste Fund for the government to ive of the taxpayer? a lunch box to work. By the way, they manage for this program. Of the $13 bil- For crying out loud, what this bill hope to have lights go on when they lion that has been committed to the does is says that when these nuclear flip the lights on, they hope to have a fund since 1983, about $6 or $7 billion in power plants shut down, and they are safe place to live. They expect the Fed- fact has been used for other activities going to shut down, and there will not eral Government to carry out its prom- not relating to this one. be ratepayers to pay the bills to keep ise, its Federal contract, to say they nuclear waste stored and to pay for In 1982, I worked for President are going to take this nuclear waste Reagan. I can remember his signing that nuclear waste and there is not and store it. Now all of a sudden they enough money in the trust fund and statement in 1982 when Congress passed are saying, ‘‘Oh, by the way, we’re that bill. Some of us here, not me, but these ratepayers over the next years going to change this bill. We’re going will not have enough money in the some of the Members here voted for to ask you to pay more.’’ that bill, and President Reagan trust fund, when that happens, guess Mr. Chairman, it is not right. We thought that in a few years this thing who ends up holding the buck? The per- need to keep the contract with the would be done. Here it is, 1997, 15 years son out there making $30,000 a year, American people. We need to dispose of the middle income American that has nuclear waste in a safe way, and we later, we are debating a bill that, when everything on their shoulders already, need to move forward with it. I would enacted, still will not see this thing that has this huge national debt al- ask that Members reject this very ex- completed for another 10 or 15 years. ready. Now we are going to pile more pensive amendment to the American We do not need this amendment. The debt on them. people and move forward. ratepayers are paying already tooth If Members consider themselves fis- Mr. GIBBONS. Mr. Chairman, I would and nail for this program. Not all of cal conservatives, and I do not know hope that the gentleman who just the money has been spent for the pro- anybody in this body hardly that con- spoke would yield me the opportunity gram as it was originally intended. To siders themselves anything but a fiscal to offer him to give back all this lift the cap on this program is not nec- conservative, but if you consider your- money if he would keep his nuclear essary. I would urge my colleagues to self a fiscal conservative, you have to waste. vote no. October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9705 Mr. GIBBONS. Mr. Chairman, I yield of them are because all States send a available under this Act, the head of each 1 minute and 10 seconds to the gen- proportional group of selected Con- Federal agency, to the greatest extent prac- tleman from Massachusetts [Mr. MAR- gressmen, each of them refigured and ticable, shall provide to such entity a notice describing the statement made in subsection KEY]. recalculated every 10 years when they (a) by the Congress. Mr. MARKEY. Mr. Chairman, I thank do the census. This site was selected by ‘‘(c) PROHIBITION OF CONTRACTS WITH PER- the gentleman for yielding me this that group of Congressmen 10 years SONS FALSELY LABELING PRODUCTS AS MADE time. ago. The 47 contiguous States, I think, IN AMERICA.—If it has been finally deter- This is a great amendment. This bill that did not get selected have some mined by a court or Federal agency that any puts a cap on how much money is going rights, also. They have the right to ex- person intentionally affixed a label bearing a to be collected for the permanent and pect safe transportation. The 47 contig- ‘‘Made in America’’ inscription, or any in- interim storage facility, and then it uous States have the right to believe scription with the same meaning, to any says that the money for the permanent that zero transportation reports are product sold in or shipped to the United repository will be expended for the in- States that is not made in the United States, true. The 47 contiguous States have the the person shall be ineligible to receive any terim facility. Because of wholesale right, I think, to believe that the Nu- contract or subcontract made with funds and pretty soon retail competition in clear Regulatory Commission and the made available under this Act, pursuant to the marketplace, we know that there Transportation Department would re- the debarment, suspension, and ineligibility are going to be fewer and fewer nuclear quire and regulate very strict nuclear procedures described in sections 9.400 power plants because they cannot com- fuel shipments and that the commer- through 9.409 of title 48, Code of Federal Reg- pete economically. Connecticut Yan- cial nuclear industry has safely trans- ulations. kee closed down this year. Maine Yan- ported more than 10,000 used fuel as- The CHAIRMAN. Pursuant to House kee is about to close. The only place semblies and 2900 shipments. None have Resolution 283, the gentleman from from which you can generate revenues resulted in the release of radioactivity. Ohio [Mr. TRAFICANT] and a Member from this are nuclear power plants. All All the States, all 50 of the States opposed will each control 5 minutes. the other power plants do not have to have the right to believe that the De- The Chair recognizes the gentleman kick in. partment of Energy so far has con- from Ohio [Mr. TRAFICANT]. What is going to happen in the year ducted more than 170 public meetings Mr. TRAFICANT. Mr. Chairman, I 2002 is we may find that Yucca Moun- about the transportation of used nu- yield myself such time as I may tain is not suitable, we will have run clear fuel across the country and all 50 consume. out of money, we will need more, there States, contiguous States included, Mr. Chairman, my amendment says if will not be any, we are going to have to have the right to accept that H.R. 1270 we do not buy America, we will in fact pick a new State for the site. We know would continue to permit States to waste America. It also says if anyone it will be a State with fewer than 3 choose alternate highway routes. No affixes a fraudulent made-in-America Members of Congress. Maybe it will be other hazardous material in the United label to an import, they will be tor- a territory, I do not know, but once we States undergoes such rigorous trans- tured and planted for 10,000 years at do, we are going to have to go through portation planning, even though only Yucca Mountain. the whole process again. Where will the less than 1 percent of the 100 million Mr. Chairman, I yield such time as he money come from? Under the pro- packages of hazardous material may consume to the gentleman from ponents’ amendment, all of the money shipped per year in the U.S. are used Colorado, Mr. DAN SCHAEFER. will come out of the taxpayers’ pock- nuclear fuel. Mr. DAN SCHAEFER of Colorado. I ets, even those that never had a single I object to this amendment. I urge thank the gentleman for yielding me kilowatt of nuclear-generated elec- that we defeat this amendment. time. tricity. That is wrong. The money The CHAIRMAN. The question is on Mr. Chairman, I did not claim any should come from those that in fact en- the amendment offered by the gen- time in opposition, because I think it is joyed the benefit. tleman from Nevada [Mr. GIBBONS]. a terrific amendment, and we over on The CHAIRMAN. The gentleman The question was taken; and the this side are certainly willing to accept from Nevada [Mr. GIBBONS] has 20 sec- Chairman announced that the noes ap- it. onds remaining, and the gentleman peared to have it. Mr. TRAFICANT. Mr. Chairman, I from Texas [Mr. HALL] has 4 minutes Mr. GIBBONS. Mr. Chairman, I de- yield such time as he may consume to remaining. The gentleman from Texas mand a recorded vote. the gentleman from Texas [Mr. HALL], has the right to close. The CHAIRMAN. Pursuant to House the ranking member. Mr. GIBBONS. Mr. Chairman, I yield Resolution 283, further proceedings on Mr. HALL of Texas. Mr. Chairman, I myself the balance of my time. the amendment offered by the gen- certainly agree, and compliment the I urge every Member of this House to tleman from Nevada [Mr. GIBBONS] will gentleman on his consistent support of support the Gibbons amendment to be postponed. buy America. Mr. TRAFICANT. Mr. Chairman, I this bill. Nuclear waste has a half-life b of 10,000 years. The opponents of this 2100 yield such time as he may consume to measure are thinking 5, 10 years down The CHAIRMAN. It is now in order to the distinguished gentleman from the road. Who is going to pay for the consider Amendment No. 9 printed in Michigan [Mr. UPTON], the author of 9,990 years remaining on this bill and House Report 105–354. the legislation. on this nuclear waste tab? It is going AMENDMENT NO. 9 OFFERED BY MR. TRAFICANT Mr. UPTON. Mr. Chairman, I would to be the taxpayers if we do not pass Mr. TRAFICANT. Mr. Chairman, I say I do not think I have opposed one this amendment. The shortsighted op- offer Amendment No. 9. of the gentleman’s buy America position certainly has not got the best The CHAIRMAN. The Clerk will des- amendments in the years we have been interests of the taxpayers of America ignate the amendment. together on the floor, and I look for- in sight. Vote yes on this amendment. The text of the amendment is as fol- ward to voting for it tomorrow. Mr. HALL of Texas. Mr. Chairman, I lows: Mr. TRAFICANT. Mr. Chairman, yield myself the balance of my time. Amendment No. 9 offered by Mr. TRAFI- with that, I urge an ‘‘aye’’ vote, and I Let me just address the matter of CANT: yield back my time. States rights a little bit, whether or Page 81, insert after line 13 the following: The CHAIRMAN. The question is on not States rights have been violated. ‘‘SEC. 510. PURCHASE OF AMERICAN-MADE the amendment offered by the gen- None of us want to violate States EQUIPMENT AND PRODUCTS. tleman from Ohio [Mr. TRAFICANT]. rights. We all claim to support States ‘‘(a) IN GENERAL.—It is the sense of the The question was taken; and the rights. Of course, some of us want to Congress that, to the greatest extent prac- Chairman announced that the ayes ap- ticable, all equipment and products pur- peared to have it. put national standards on them and chased with funds made available under this other things to give them a little direc- Act should be American-made. Mr. UPTON. Mr. Chairman, I demand tion. ‘‘(b) NOTICE REQUIREMENT.—In providing fi- a recorded vote. But which States are denied or which nancial assistance to, or entering into any The CHAIRMAN. Pursuant to House rights are violated? I do not think any contract with, any entity using funds made Resolution 283, further proceedings on H9706 CONGRESSIONAL RECORD — HOUSE October 29, 1997 the amendment offered by the gen- In aeronautics, activities included the chairman and ranking minority member tleman from Ohio [Mr. TRAFICANT] will the development of technologies to im- of the Committee on Resources and thirty be postponed. prove performance, increase safety, re- minutes equally divided and controlled by It is now in order to consider Amend- the chairman and ranking minority member duce engine noise, and assist U.S. in- of the Committee on Agriculture. After gen- ment No. 10 printed in House Report dustry to be more competitive in the eral debate the bill shall be considered for 105–354. world market. Air traffic control ac- amendment under the five-minute rule for a Mr. DAN SCHAEFER of Colorado. tivities focused on various automation period not to exceed three hours. It shall be Mr. Chairman, I move that the Com- systems to increase flight safety and in order to consider as an original bill for the mittee do now rise. enhance the efficient use of air space. purpose of amendment under the five-minute The motion was agreed to. Close international cooperation with rule the amendment in the nature of a sub- Accordingly, the Committee rose; Russia occurred in the Shuttle-Mir stitute recommended by the Committee on Resources now printed in the bill. The com- and the Speaker pro tempore (Mr. docking missions and with Canada, Eu- BLUNT) having assumed the chair, Mr. mittee amendment in the nature of a sub- rope, Japan, and Russia in the Inter- stitute shall be considered as read. Before MCINNIS, Chairman of the Committee national Space Station program. The of the Whole House on the State of the consideration of any other amendment it United States also entered into new co- shall be in order to consider the amendment Union, reported that that Committee, operative agreements with Japan and printed in the report of the Committee on having had under consideration the bill new partners in South America and Rules accompanying this resolution, if of- (H.R. 1270), to amend the Nuclear Asia. fered by Representative Smith of Oregon or Waste Policy Act of 1982, had come to his designee. That amendment shall be con- In conclusion, FY 1996 was a very ac- no resolution thereon. sidered as read, shall be debatable for ten tive and successful year for U.S. aero- f minutes equally divided and controlled by nautics and space programs. Efforts in the proponent and an opponent, and shall not REPORT ON NATION’S ACHIEVE- these areas have contributed signifi- be subject to a demand for division of the MENTS IN AERONAUTICS AND cantly to the Nation’s scientific and question in the House or in the Committee of SPACE DURING FISCAL YEAR technical knowledge, international co- the Whole. If that amendment is adopted, 1996—MESSAGE FROM THE PRESI- operation, environmental health, and the committee amendment in the nature of a substitute, as amended, shall be considered DENT OF THE UNITED STATES economic competitiveness. as the original bill for the purpose of further The SPEAKER pro tempore laid be- WILLIAM J. CLINTON. amendment. During consideration of the bill fore the House the following message THE WHITE HOUSE, October 29, 1997. for further amendment, the Chairman of the from the President of the United f Committee of the Whole may accord priority States; which was read and, together in recognition on the basis of whether the REPORT ON RESOLUTION PROVID- Member offering an amendment has caused with the accompanying papers, without ING FOR CONSIDERATION OF objection, referred to the Committee it to be printed in the portion of the Con- H.R. 2746, THE HELPING EM- gressional Record designated for that pur- on Science. POWER LOW-INCOME PARENTS pose of clause 6 of rule XXIII. Amendments To the Congress of the United States: (HELP) SCHOLARSHIPS AMEND- so printed shall be considered as read. The I am pleased to transmit this report MENTS OF 1997 AND H.R. 2616, Chairman of the Committee of the Whole on the Nation’s achievements in aero- CHARTER SCHOOLS AMEND- may: (1) postpone until a time during further nautics and space during fiscal year consideration in the Committee of the Whole MENTS OF 1997. (FY) 1996, as required under section 206 a request for a recorded vote on any amend- of the National Aeronautics and Space Mr. MCINNIS, from the Committee on ment; and (2) reduce to five minutes the min- Act of 1958, as amended (42 U.S.C. 2476). Rules, submitted a privileged report imum time for electronic voting on any post- Aeronautics and space activities in FY (Rept. No. 105–357) on the resolutions poned question that follows another elec- (H. Res. 288) providing for consider- tronic vote without intervening business, 1996 involved 14 contributing depart- provided that the minimum, time for elec- ments and agencies of the Federal Gov- ation of the bill (H.R. 2746) to amend tronic voting on the first in any series of ernment. title VI of the Elementary and Second- questions shall be fifteen minutes. At the A wide variety of aeronautics and ary Education Act of 1965 to give par- conclusion of consideration of the bill for space developments took place during ents with low-incomes the opportunity amendment the Committee shall rise and re- FY 1996. The Administration issued an to choose the appropriate school for port the bill to the House with such amend- integrated National Space Policy, con- their children and for consideration of ments as may have been adopted. Any Mem- solidating a number of previous policy the bill (H.R. 2616) to amend titles VI ber may demand a separate vote in the directives into a singular, coherent vi- and X of the Elementary and Second- House on any amendment adopted in the sion of the future for the civil, com- Committee of the Whole to the bill or to the ary Education Act of 1965 to improve amendment in the nature of a substitute mercial, and national security space and expand charter schools, which was made in order as original text. The previous sectors. The Administration also issued referred to the House Calendar and or- question shall be considered as ordered on a formal policy on the future manage- dered to be printed. the bill and amendments thereto to final ment and use of the U.S. Global Posi- f passage without intervening motion except tioning System. one motion to recommit with are without in- During FY 1996, the National Aero- FORAGE IMPROVEMENT ACT OF structions. nautics and Space Administration 1997 The SPEAKER pro tempore. The gen- (NASA) successfully completed eight Mr. MCINNIS. Mr. Speaker, by direc- tleman from Colorado [Mr. MCINNIS] is Space Shuttle flights. NASA also tion of the Committee on Rules, I call recognized for one hour. launched 7 expendable launch vehicles, up House Resolution 284 and ask for its Mr. McINNIS. Mr. Speaker, for the while the Department of Defense immediate consideration. purpose of debate only, I yield the cus- launched 9 and the commercial sector The Clerk read the resolution, as fol- tomary 30 minutes to the gentlewoman launched 13. In the reusable launch ve- lows: from New York [Ms. SLAUGHTER] pend- hicle program, Vice President Gore an- H. RES. 284 ing which I yield myself such time as I nounced NASA’s selection of a private Resolved, That at any time after the adop- may consume. During the consider- sector partner to design, fabricate, and tion of this resolution the Speaker may, pur- ation of this resolution, all time yield- flight test the X–33 vehicle. suant to clause 1(b) of rule XXIII, declare the ed is for the purpose of debate only. Scientists made some dramatic new House resolved into the Committee of the Mr. Speaker, this is a very simple discoveries in various space-related Whole House on the state of the Union for resolution. The proposed rule is a fields such as space science, Earth consideration of the bill (H.R. 2493) to estab- modified open rule providing for one science and remote sensing, and life lish a mechanism by which the Secretary of hour of general debate, with 30 minutes and microgravity science. Most nota- Agriculture and the Secretary of the Interior equally divided between the chairman bly, NASA researchers cooperating can provide for uniform management of live- and ranking member of the Committee stock grazing on Federal lands. The first with the National Science Foundation reading of the bill shall be dispensed with. on Resources, and 30 minutes equally found possible evidence of ancient mi- General debate shall be confined to the bill divided between the chairman and crobial life in a meteorite believed to and shall not exceed one hour, with thirty ranking member of the Committee on be from Mars. minutes equally divided and controlled by Agriculture. After general debate, the October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9707 bill shall be considered for amendment Two, requires scientific monitoring of the current grazing laws and regula- under the 5-minute rule for a period grazing conditions and allowing the tions are not only long overdue, but not to exceed 3 hours. agencies to coordinate monitoring with are absolutely necessary in order to re- The proposed rule makes in order the ranches and/or qualified ranchland con- solve many of the grazing issues. Committee on Resources amendment sultants. Three, prohibiting subleasing b 2115 in the nature of a substitute as an of grazing allotments by absentee original bill for the purpose of amend- ranchers. Next, creating new discre- H.R. 2493 makes these necessary ment. Furthermore, this rule provides tionary authority for the government changes. For example, this bill will that prior to consideration of any and ranchers to enter into cooperative bring economic stability to those other amendment, a manager’s amend- management plans, where the rancher ranchers who use Federal land for graz- ing, while at the same time generate ment offered by the gentleman from is meeting rangeland management additional revenue for the Federal Oregon [Mr. SMITH] or his designee goals. Next, codifying a new grazing fee Treasury. This will be accomplished by shall be made in order and debatable formulated to ensure a fair return to implementing a new grazing formula for 10 minutes, equally divided between the government and resulting in a 36 which is easy to understand, simple to the proponent and an opponent. percent increase over the current fee. track, and which charges a fair price to Mr. Speaker, House Resolution 284 Codifying the resource advisory the rancher who buys access to forage also provides that the Chairman of the councils, they are called RACS, with Committee of the Whole may accord from the Federal Government. enhancements that will improve co- Furthermore, the changes found in priority recognition to Members who ordination and communication be- H.R. 2493 will improve ranchland condi- have preprinted their amendments in tween the Federal agencies and re- tions by increasing the focus on the CONGRESSIONAL RECORD. Further- gional, State and local levels on Fed- science-based monitoring. For far too more, the rule allows the Chairman of eral land and management issues. long and for a variety of excuses, the the Committee of the Whole to post- House Resolution 2493 does not affect Federal Government simply has not pone votes during consideration of the existing multiple use activities like done its job in assessing ranchland con- bill, and to reduce votes to 5 minutes hunting and fishing, nor authorizations ditions to monitor. on a postponed question if the vote fol- nor agreements set under other Federal The bill of the gentleman from Or- lows a 15-minute vote. or State laws. It does not amend the egon [Mr. SMITH] puts the emphasis At the conclusion of consideration of National Environmental Policy Act, it back to what actually exists on the the bill for amendment, the committee does not amend the Clean Water Act, it ground, through a monitoring program shall rise and report the bill to the does not amend the Endangered Spe- that is scientifically based and which House with such amendments as have cies Act or the Clean Air Act. follows established protocols. This pro- been adopted. And though it does clarify that Fed- gram will greatly enhance the deci- Finally, Mr. Speaker, the rule pro- eral employees cannot demand access sion-making process and help establish vides one motion to recommit with or across private property as a condition ranchland goals that are good for land without instructions. for obtaining a grazing permit, it does and achievable. Mr. Speaker, the underlying legisla- not prevent Federal personnel engaged Moreover, H.R. 2493 will establish a tion, the Forage Improvement Act of in grazing administration activities ac- program of management flexibility to 1997, is a balanced, bipartisan bill, that cess to do their work, nor does it limit those ranchers who have demonstrated assures some predictability to western public access to Federal lands in any good land stewardship. This will help ranchers’ ability to plan for forage use. manner. to keep the grazing in good and excel- This legislation will require the For- When this resolution is brought be- lent condition. est Service and the Bureau of Land fore the House, I ask my colleagues to This is a good bill whose time has Management to coordinate their ad- support it. come. It does nothing to harm the en- ministration in the Grazing Manage- Mr. Speaker, I would like to reflect a vironment. In fact, it will improve ment Program. Additionally, the legis- statement of the chairman of the Com- ranchlands across the West. It treats lation creates new discretionary au- mittee on Resources, the gentleman the Western land grazer honestly and thority for the government and ranch- from Alaska [Mr. YOUNG], and I would, fairly, and in return the U.S. Treasury ers to enter into cooperative manage- first of all, like to commend the chair- makes more money and gets improved ment plans, where the rancher is meet- man. I think he has done a tremendous ranchland resources. I urge my col- ing rangeland management goals. job. He has had a lot of different inter- leagues to support and vote for House These are important and significant ests that he has had to balance, and I Resolution 2493. reforms. Therefore, I urge my col- think this is appropriate to reflect his Mr. Speaker, I think it is interesting leagues to support the rule and the un- thoughts. to take a look at the impact of mul- derlying legislation. Mr. Speaker, the gentleman from tiple use on Federal lands, and where Mr. Speaker, I would include for the Alaska [Mr. YOUNG] does rise in strong that concept came from. We have to record a letter from the National support of House Resolution 2493, the look back in the history of this coun- Cattlemen’s Beef Association. The Na- Forage Improvement Act, introduced try. If we look back at the history of tional Cattlemen’s Beef Association is by his good friend and colleague, the this country, there was a point in time an organization that is urging all Mem- gentleman from Oregon [Mr. SMITH], where this country urged its citizens to bers to vote aye on House Resolution the chairman of the Committee on Ag- settle the West: Go west, young man, 2493, the Forage Improvement Act of riculture, who should be applauded for go west. 1997. NCBA commends the gentleman laboring tirelessly and putting to- In doing that, they tried to encour- from Oregon [Mr. SMITH], the Chairman gether a bill that keeps controversy age their citizens to go out to the West of the Committee on Agriculture, and out and common sense in regarding and set down their stakes, grubstakes, the gentleman from Alaska [Mr. grazing practices on our public lands. so to speak. In order to do that, they YOUNG], the Chairman of the Commit- The gentleman from Oregon [Mr. felt, in order to entice their citizens to tee on Resources, for their work on SMITH] has worked extensively hard to go to the West and settle this unknown House Resolution 2493, and fully sup- bring together the many sides of the land, they felt that they needed to give ports the balanced bipartisan bill they grazing issue and has assembled a bill land grants. have reported out of the respective that helps a rancher whose livelihood A land grant of 160 acres, which was committees. depends on public land grazing without pretty typical in the State of Kansas, It makes several major changes, but doing any harm to the range land re- was enough for a family in those times assures some predictability to western sources. In fact, implementing this bill to support themselves. But once you ranchers’ ability to plan for forage use, will ultimately improve the rangelands got into the mountains, into the rough such as requiring the U.S. Forest Serv- across the West. terrain of the Rockies, 150 acres is ice and the Bureau of Land Manage- Controversy and confrontation on what was necessary to feed one cow. ment to coordinate their administra- grazing on public lands has been raging In other words, to sustain a family in tion of grazing management programs. for years. It is clear that changes in the Rocky Mountains, as compared to H9708 CONGRESSIONAL RECORD — HOUSE October 29, 1997 what is necessary to sustain a family descendants of the generations of the corporations reaping huge profits, most in Kansas or the rich farmlands of Ne- people who were persuaded by this very of whom are engaged primarily in busi- braska or Missouri, it took several government in Washington, D.C. to go nesses that are wholly unrelated to thousand acres, compared to the few west. These people deserve the cour- ranching. Why should they not pay the acres it took in those very agricultural tesy of having their bill heard. market rates for the grazing rights on land-rich States. So the government Mr. Speaker, I reserve the balance of our Federal lands? felt it did not have the political sup- my time. Every western State charges a graz- port, obviously the public support, to Ms. SLAUGHTER. Mr. Speaker, I ing fee that is higher than the Federal go ahead and give land grants of sev- yield myself such time as I may Government. Several States charge six eral thousand acres to people who set- consume. times as much. Yet, this bill continues tled in the Rocky Mountains, and Mr. Speaker, I rise today in strong that disparity with a new fee formula thereupon the concept of multiple use opposition to the rule and to the legis- that does not even come close to re- was created. lation that the rule would make in flecting the fair market value of the Multiple use is very important. If we order, the so-called Forage Improve- use of our public resources. take a map of the United States and we ment Act. This rule is open in name The Congressional Budget Office esti- take a look at the government owner- only. Last night the Committee on mates that little additional Federal ship, we will find that by far, no com- Rules voted to limit the amendment land revenues will be generated from parison, by far the majority of land process to 3 hours; not 3 hours of de- this bill, and in fact, when the legisla- ownership by the government in this bate time but 3 hours in total. That in- tion’s new administrative requirements country is in the western half of the cludes voting time on any amendments on land management agencies are United States, not in the eastern half. and any other parliamentary motion or taken into account, the grazing pro- So as a result, for the people in the question which may arise during that gram will lose even more money than western half of the United States to time. it currently does. live, the concept of multiple use, which Three hours would be totally inad- This bill makes other modifications includes not just grazing, and by the equate, given that the gentlewoman to the Federal land grazing program way, multiple use means a lot of dif- from Idaho [Mrs. CHENOWETH] alone has above and beyond its changes to the ferent things to a lot of different peo- filed nine amendments, and other grazing fee formula. For example, it ple. It means the ability to hike on Members have filed an additional half- would allow ranchers with grazing per- Federal lands. It means the ability to dozen. The ranking member of the mits to sublease their lands to private have minimum stream flows in our Committee on Rules, the gentleman interests at a significant profit over streams to help us protect our environ- from Massachusetts [Mr. MOAKLEY] of- what they have paid the Federal Gov- ment. fered three amendments to the rule ernment for the use. Yet, incredibly, It means that every power line in my last night in an attempt to allow suffi- the Committee on Resources failed to district, and by the way, my district, cient time for all amendments to the hold a legislative hearing on this bill, the Third District of Colorado, the bill to be fully debated on the floor. denying Members any opportunity to Rocky Mountains of Colorado, is geo- However, the majority refused to ac- hear testimony on the far-reaching im- graphically larger than the State of cept the ranking member’s amend- plications of this legislation. Florida. Every power line, every TV ments to the rule. Members should be aware that Sec- tower, every highway, every drop of Even if this were a carefully crafted retary Babbitt has given notice that he water, the water either originates, runs bill, and it is not, that had moved will recommend a veto should this bill across, or is stored, all of this comes through the committee process, and it reach the President’s desk. But this ill- across Federal land. All of it is very de- did not, with ample legislative hear- advised legislation does not deserve to pendent on multiple use. ings, and there were not, in time for make it that far. Indeed, it should not I grew up in the Rocky Mountains. Members to consider it, the brief time even reach this floor, given the cursory My family came to the Rocky Moun- for floor consideration that the Com- exposure and debate it received in com- tains in 1871. My wife’s family came to mittee on Rules made in order last mittee. Because of the truncated the Rocky Mountains in 1872. I have a night would still be problematic. But amendment process made in order by very close friend of mine, Al the fact of the matter is that the bill the Committee on Rules last night, I Stroobants, his family came many, was just introduced a month ago, was strongly urge my colleagues to oppose many years, very similarly, genera- rushed through the Committee on Ag- this rule and this legislation. tions of families out there in those riculture and the Committee on Re- Mr. Speaker, I yield back the balance mountains. sources with no legislative hearings of my time. What is very, very important is that whatsoever, and it shows. Mr. MCINNIS. Mr. Speaker, I have no the concept of the government was it I am left with the impression that further requests for time, I yield back would be a land of many uses. What we the majority did not want the members the balance of my time, and I move the see happening is people who do not un- of those committees to look too closely previous question on the resolution. derstand the concept of multiple use, at what they were passing for fear that The previous question was ordered. people who do not understand the con- they might see it for what it is, special The SPEAKER pro tempore. The cept of private property and the impor- interest legislation that is a bad deal question is on the resolution. tance of it as a foundation for the free- for the American taxpayer and a very The question was taken; and the doms in our country. They try and bad deal for our environment. Rather Speaker pro tempore announced that take away the multiple use on Federal than seizing this opportunity to enact the ayes appeared to have it. lands and take away that sign that genuine and positive reform of our Ms. SLAUGHTER. Mr. Speaker, on says, ‘‘You are now entering the Rocky grazing laws, this legislation under- that I demand the yeas and nays. Mountain National Park, a land of mines the management of Federal land The SPEAKER pro tempore. Further many uses,’’ or those types of signs, resources by continuing the subsidized proceedings on the resolution will be and replace them with a sign that says use of public lands for wealthy cor- postponed until tomorrow. ‘‘No Trespassing.’’ porate interests. There are fearmongers out there who The Interior Department Inspector f would make us think that there are General reports that grazing benefits b 2130 cattle grazing every inch of the Rocky go to a vast array of large foreign- Mountains, that there are condomin- owned companies and domestic cor- SPECIAL ORDERS iums going up everywhere, that the porate conglomerates, including a The SPEAKER pro tempore [Mr. water is being wasted and abused. Do brewery, a Japanese land and livestock BLUNT]. Under the Speaker’s an- not take these people on their word. company, an oil corporation, and a life nounced policy of January 7, 1997, and Look at the proof of the pudding. insurance company. These are not under a previous order of the House, The proof of the pudding is in the struggling family businesses or mom the following Members will be recog- hearts and souls of the people who are and pop ranchers, but multinational nized for 5 minutes each. October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9709 INSTABILITY IS THE ENEMY AND exchanges, sharing of intelligence, and also clear. China has undertaken not to IT REQUIRES STRONG MILITARY many, many other activities. use force, and the United States has FORCES Collectively, all of these activities not supported Taiwan’s independence. The SPEAKER pro tempore. Under a come at a high cost both in money and Even though the rules are clear in the Per- previous order of the House, the gen- in the demands on the U.S. military sian Gulf and in Taiwan, however, recent tleman from Missouri [Mr. SKELTON] is personnel around the globe. events illustrate a simple pointÐthat in inter- recognized for 5 minutes. The benefits of these missions, how- national affairs, the rules are not self-enforc- Mr. SKELTON. Mr. Speaker, recently ever, are far greater than their costs. ing. On the contrary, without constant, direct the aircraft carrier Nimitz sailed into As my fellow Missourian Harry Tru- U.S. attention and leadership, the forces of the Persian Gulf ahead of its scheduled man once said, ‘‘We must be prepared disorderÐalways testing the limitsÐwould rotation. The purpose of the deploy- to pay the price for peace or surely we eventually prevail. In the Persian Gulf, Iran ment was to warn Iran and Iraq against will pay the price of war.’’ and Iraq would soon drive the region into sending aircraft into the no-fly zone Today the price of peace is this: That chaos and hope to benefit from the disruption that the United Nations has mandated the United States must continue to of oil supplies to the rest of the world. In Asia, in southern Iraq since the end of the play the leading role in building and China would prefer to have a free hand to Persian Gulf War. maintaining international stability. In dominate the region, which is not a prescrip- Two weeks earlier, Iran defied the order to fulfill that responsibility, the tion for peace. Peace and stability are not the ban and sent aircraft into Iraq to at- Nation must maintain substantial, natural order of things. On the contrary, insta- tack sites that anti-Iranian insurgent well-trained, well-equipped military bility will always rise, like entropy in the realm groups were using to stage raids. Iraq, forces capable of engaging in military of physics, unless energy is constantly applied in turn, was threatening to put up its actions across the entire spectrum of to preserve order. own aircraft to defend its sovereignty missions from delivering humanitarian This lesson is an obvious oneÐand the use against any further Iranian attacks. A supplies, to showing the flag, to peace of the Nimitz to support U.S. security objec- strong word of U.S. caution, backed up enforcement operations that may be as tives is a clear and evident example of the im- by a show of military strength in the intense as a major theater war. portance of U.S. military power. But U.S. mili- region, was necessary to keep Saddam Unfortunately, I do not think that tary power is also important in a host of other, Hussein in his box and to deter further the need for the United States to play less apparent ways. Iranian adventurism. this role and to maintain sufficient Consider, for example, the implications of Apparently, despite vocal protests military strength to do it is fully un- the recent U.S. agreement with Japan on de- from both sides, the mission has been derstood either in this Congress or fense cooperation. What is important about accomplished since there have been no among the public as a whole. Moreover, the agreement is not in the detailsÐhow more egregious violations of the no-fly I do not think that either the Clinton Japan will provide support for U.S. military op- zone. administration or the Bush administra- erations, whether Japan can opt out of sup- Mr. Speaker, such a use of U.S. mili- tion has done a particularly good job of porting U.S. forces in certain cases, whether tary power to enforce stability in a explaining the missions of U.S. mili- more should have been agreed on issues like tense part of the globe is not an iso- tary forces in the post-Cold War world. missiles defense, and so on. What is most im- lated case. Just a year and a half ago Today, I want to address one of the portant is the fact of the agreement itself. The the United States sent the Nimitz into principal reasons for maintaining U.S. agreement reaffirms the fact that Japan sees the Taiwan Straits in response to Chi- military strength, that global instabil- its security relationship with the United States na’s threatening missile tests at the ity will present dire threats to Amer- as the bulwark of a secure international order time of the Taiwanese election. ican interests unless the United States in Asia even after the Cold War has ended. In recent months, the United States actively addresses it. That the Clinton Administration was able to has carried on a large peacekeeping op- Since the end of the Cold War, many reach this agreement with Japan is, it seems eration in Bosnia and a smaller mis- people have questioned the need for the to me, a triumph for American security of no sion in the former Yugoslav Republic United States to maintain strong mili- small order. It came after several years of of Macedonia; continued to guard tary forces and to preserve its military conflict with Japan over trade issues, during a against illegal arms shipments into the abroad. Now that the Soviet Union is time when China is beginning to flex muscles former Yugoslavia; sent forces to evac- gone, they say, where is the enemy? and is starting to build up its military capability, uate noncombatants from Zaire and Si- And why do we need to spend so much and in the face of grave doubts around the erra Leone; supplied airlift for African money on defense when no single pow- world that the United States would maintain its peacekeeping troops in Liberia; sent erful foe or group of foes can easily be international leadership. Any or all of those forces to demine areas in Namibia; con- identified? factors could have led Japan to conclude that tinued to provide humanitarian assist- My answer is that there is indeed an the security treaty with the United States was ance to Kurdish evacuees from north- enemy and it may be more insidious too weak a pillar on which to continue to rest ern Iraq; and engaged in than ever precisely because it is so dif- its security policy. The agreement was the re- counternarcotics operations in South ficult to perceive clearly. The enemy is sult of several years of effort on the part of America. instability and requires as much vigi- senior officials in the Defense Department and Except for Bosnia, which appears des- lance as any more conventional foe has in the Department of State, beginning with the tined to remain in the headlines for the ever required. so-called ``Nye report'' of 1995, named after foreseeable future, most of these oper- Mr. Speaker, let me begin by drawing former Assistant Secretary of Defense Joseph ations get no more than an occasional a simple lesson from the recent events Nye, which forcefully reasserted the U.S. se- article on the back page of the Wash- in the Persian Gulf and from my last curity interested in Asia and promised a con- ington Post. Many ongoing activities, year’s stare-down with China. In the tinued, large and powerful U.S. military pres- perhaps equally important in bolster- Persian Gulf, the rules are clear. Both ence in the region. ing international stability, do not even Iran and Iraq know that a no-fly zone I believe that the new U.S.-Japan security get that much attention unless some- remains in place south of the 33rd par- cooperation agreement is a cornerstone of thing goes wrong, activities like sup- allel and that any military aircraft fly- stability in Asia precisely because it binds the port for mine clearing in Namibia, ing into the area may be shot down United States and Japan together more close- which was the mission of personnel without warning. ly. It means that Japan will not feel itself who were tragically lost when their In Asia, the formula for addressing forced to develop an independent military ca- aircraft crashed on its return flight a the status of Taiwan that has been ac- pacity that would be threatening to others in few weeks ago. cepted by the United States and others the region. It means that North Korea will be Today, the U.S. military is carrying for many years is to say that both the discouraged from thinking that it can divide out scores of what have come to be government of Beijing and the govern- South Korea's allies. It means that China will called ‘‘engagement missions,’’ joint ment of Taipei regard Taiwan as part have less reason to believe that it can use exercises with foreign military forces, of China and that the status of Taiwan military strength to build a position of domi- humanitarian operations of various will not be resolved by force. The rules nance of the in the Region. It means that for kinds, port visits by U.S. ships, officer with regard to Taiwan, therefore, are other nations in the region, the United States H9710 CONGRESSIONAL RECORD — HOUSE October 29, 1997 will remain, for the foreseeable future, the ally and even in culture has served to shrink the Finally, U.S. interests are affected by devel- of choice in determining whom to support if globe still further. Today, the security of Amer- opments in distant parts of the world because tensions rise over any number of issues. As a ica is affected, directly or indirectly, by all of the global nature of challenges ranging from result, a great deal has been accomplished to kinds of developments overseas. We under- the proliferation of weapons of mass destruc- prevent instability in the region from growing. stand, of course, that stability in Europe, East tion and weapons delivery systems, to terror- All of this, it seems to me, has been Asia, and the oil producing areas of the Middle ism, to information sabotage and warfare, to achieved only because the United States East is critical to our security and our eco- the narcotics trade and other international made its commitment to the region so clear, nomic well-being. Many, many areas of the criminal activities. There are no simple techno- both in the words of the Nye report and in the globe that we once considered of only remote logical fixes to any of these problems that will substance of the continued U.S. military pres- interest, however, are becoming increasingly allow the United States the luxury of dis- ence in the region. important as well. engagement from potentially messy conflicts Contrast the positive Japanese view of its North Africa is a case in point. With the throughout the world. The main cause of pro- alliance with the United States with the atti- World Trade Center bombing, terrorism fos- liferation lies in regional conflicts which lead tude of France, another key ally. The French tered by religious extremism in North Africa both would-be aggressors and threatened vic- for many years have been of the view that the came directly to the United States. Moreover, tims to seek security by gaining access to ad- United States will eventually turn away from its we have struggled for years with the threats vanced weapons. Terrorism is, in large part, active leadership in international security af- posed by the Government of Libya and now an outgrowth of local conflicts and social dis- fairs and leave Europe to the Europeans. I be- by the extremists in charge in the Sudan as integration. Threats to information security lieve that judgment is wrong, but it appears well. The same Islamic extremists as in Sudan may come from many sources, including sys- nonetheless to guide French foreign policy, murdered the late Egyptian President Anwar tematic efforts to disrupt western economies and the result has often been troublesome. Sadat and continue to threaten President by rogue states or by small non-state groups. Most recently, for example, the French have Hosni Mubarak and destabilize Egypt. The Narco-terrorism has undermined democracy in backed away from their commitment to rejoin combination of poverty, explosive population parts of Latin America. Colombia is close to the NATO military command structure be- growth, and ideological warfare that is plagu- collapse. If it goes, several nations may fol- cause they object to continued U.S. command ing the southern rim of the Mediterranean, lowÐfor example, Venezuela, which provides of the NATO southern region. More distressing therefore, is not something we can safely ig- the U.S. three million barrels of oil daily. Inter- to me is that President Chirac has made re- nore. Instability in that part of the world will in- national criminal activity is a threat of free eco- cent trips to China and to Russia in which he evitably affect the prosperity and the safety of nomic activity in large parts of the world, and has said that France's interests and the inter- Americans unless its consequences are ad- it may damage U.S. security by undermining ests of other nations would be served by the dressed. A secure and economically advanced economic stability in many newly emerging na- evolution of a multipolar world in which France North Africa would be a great boon to Europe tions. would maintain close bilateral ties with other and to the rest of the world, while a North Afri- While none of these challenges can be deci- coequal powers. This is, of course, a very ca descending into chaos will threaten us all. sively defeated by a swift military strike, U.S. thinly veiled criticism of a unipolar world pre- What we can do to resolve the horrible civil economic, political, and military engagement sumably dominated by the United States. war in Algeria may be limited. We are working throughout the world is essential to combat Fortunately, other major U.S. allies in Eu- with our allies to help broker peace, and we the most serious threats. I am concerned, rope understand that the United States is not should continue to do so. Most importantly, we however, that we may, over time, fail to main- a domineering, lone, superpower, but rather must continue to be engaged with Egypt and tain the level of engagement that is necessary. the bulwark of an international effort in which other critically important, friendly nations in the the realm of peace and prosperity can grow Two potential failures, in particular, worry me. area to help bolster their security. One is a failure of understanding. Too often and the realm of conflict and impoverishment In an even more distant part of the world, the debate about U.S. military spending and can be contained. Most importantly, other al- Central Asia, U.S. interests are also more and about the role of U.S. military forces in the lies also believe that the United States will more obviously at stake. Azerbaijan, world seems to me to miss the key point. As continue to play a leadership role in building Turkmenistan, and Kazakhstan have inherited I said earlier, many of my colleagues too eas- and maintaining a new post-Cold War security some of the largest as yet unexploited re- ily dismiss concerns about the state of our system throughout Europe and will be active serves of gas and oil in the world. For these armed forces simply by asking ``who is the in the rest of the world as well. The key to emerging nations, such resources may be a preventing destabilizing conflicts in Europe enemy?'' Others oversimplify the debate by source of wealth that can spur economic and elsewhere is to maintain a system of alli- pointing out that the United States now growth and bring full integration into the world ances in which the United States is inextrica- spends vastly more on the military than var- community. But such resources may also oc- bly involved. And in order to maintain such al- ious combinations of potential foes. Both of casion internal conflict and incite external ex- liances, the United States must continually these arguments are entirely beside the point. ploitation. Our principal goal is to ensure that show the allies that it is resolved to stay in- Today, instability is the enemy, and it is a very the resources of the area are not dominated volved and to maintain its military capabilities. dangerous and pernicious enemy. As a result, In emphasizing the critically important role by a hostile power and that access is free and how much we need to spend on the military is that U.S. military strength plays in promoting open. Thus, the United States clearly has an not a function of how much or how little others stability, I am not, of course, suggesting that interest in promoting peace in the region, in spend. Our defense requirements are deter- the United States can or should try to respond strengthening the fragile governments of the mined by the strategy we need to follow to to every conflict around the world. As every area, and in building regional security. Much cope with a world full of uncertainty and dan- president in recent years has affirmed, we are of the work to be done is diplomatic and eco- ger. We need sufficient forces, fully engaged not a global policeman. It is important, how- nomic in nature, but a military component is around the world, to prevent conflict with aris- ever, first, that we understand how instability important as well. Military-to-military ties are ing where possible, to deter conflict if it ap- even in remote parts of the world may threat- potentially of immense value. Recently, the pears about to break out, and to prevail if con- en our security and, second, that we continue United States Central Command carried out a flict does arise. If this costs more than North to devote sufficient resources to defense to joint exercise with Kazakh armed forces that Korea or Libya spends on the military, it continue our active leadership role. received a great deal of positive attention in should not be surprising. For much of it history, the United States the area. Most importantly, U.S. leadership is Another failure of understanding is to argue thought of itself as being insulated from con- critical in building the institutional framework that the United States should no longer have flicts abroad by our favored geographical posi- which will bind the emerging nations of the re- to play as active a leadership role as it did tion as a rich continental nation protected by gion to the prosperous, secure part of the during the Cold War. Many of my colleagues wide oceans. The one permanent goal of U.S. world. All of these nations have participated in argue that the allies should be required to policy was to ensure freedom of navigation. the North Atlantic Cooperation Council, the bear a larger part of the burden of ensuring The twentieth century, however, has brought Partnership for Peace, and the strengthening international security, especially in responding our relative isolation to an end. Ever since Organization for Security and Cooperation in to regional conflicts that require peacekeeping Pearl Harbor, Americans have understood that Europe. The United States had the vision and forces or a constant military presence. Some our security cannot be separated from the se- the international stature to forge these new in- say that the United States should focus on curity and stability of key regions overseas. stitutions, and only continued U.S. military en- preparing for large scale regional conflicts and In recent years, every major development in gagement in such organizations can keep should leave smaller scale operations to oth- technology, communications, transportation, them vital. ers. My view is precisely the oppositeÐthat October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9711 the United States may have to play a more strongly support the Defense Department's ef- Protestant and Catholic leaders are active leadership role than ever now that forts to reduce the pressure on military per- currently imprisoned in China simply threats to international security are more am- sonnel. But the need to limit such exercises for the peaceful practice of their faith. biguous. As I explained earlier in this speech, points to the simple fact that the size of the Thousands, perhaps even millions of the reasons ought to be apparentÐonly the force today is, at best, barely adequate to other Christians suffer beatings, deten- United States has the ability to project power meet peacetime requirements while preparing tions, and severe fines if they do not sufficient to deter threats to the peace in re- for major regional conflicts. Defense budget submit their religious activities to gions like the Persian Gulf or the Taiwan constraints, I fear, will force further cuts in the government control. straits; only the promise of continued, active size of the force in the future, with a devastat- Mr. Speaker, I speak out for Pastor U.S. military engagement in key regions will ing effect on our ability to cope with instability Xu because he is perhaps China’s most gain cooperation from major allies and main- around the world. prominent minister and because his tain the U.S. position as the ally of choice Mr. Speaker, today the United States has plight symbolizes the suffering of so when conflicts arise; U.S. security interests an opportunity to promote a more peaceful, many other precious believers in are directly threatened by challenges even in stable world than those of us who lived China. Pastor Xu and the millions of distant parts of the globe, and only U.S. lead- through the troubling middle years of the 20th other believers like him have no politi- ership can build the institutional framework Century would ever have thought possible. To cal agenda. Indeed, they only regard needed to bring stability; and new global chal- do so, however, requires constant vigilance politics as a distraction from their true lenges across a wide spectrum threaten the and permanent U.S. engagement abroad. The calling to preach the gospel and wor- United States in ways that require direct in- world will never be entirely at peace. With ship their lord. Now, I am baffled, Mr. Speaker, as volvement. continued American leadership, however, the why the Chinese Government continues Let me make one other point to those who threats to peace can be contained, and the to insist on imprisoning and mistreat- are concerned about burdensharing. I agree realm of peace and prosperity can grow. This ing Pastor Xu and so many other inno- that we should expect allies to contribute fully requires that the citizens of the United States cent believers like him. China has dem- and fairly in maintaining international stability. and the Members of this Congress understand onstrated admirable progress in eco- But I also believe that only American leader- that instability is the enemy and that sufficient ship can ensure effective allied cooperation. In nomic reform and security concerns resources are needed to combat it. and several other areas, but when it Bosnia, for example, the allies were willing to f commit forces for several years, but without comes to religious liberty, China has bringing about a peace settlement. Only when The SPEAKER pro tempore. Under a tragically regressed. the United States became directly involved previous order of the House, the gentle- I truly desire engagement with China was a resolution achieved. Moreover, no other woman from Maryland [Mrs. MORELLA] and a positive relationship based on nation could design the architecture of a new is recognized for 5 minutes. mutual respect. But on this matter, regional security order as the United States [Mrs. MORELLA addressed the China has shown no respect for our has done in Europe and is working to do in House. Her remarks will appear here- concerns. And so, Mr. Speaker, I am Asia. In a way, there is a paradox to after in the Extensions of Remarks.] left with no other choice. My principles burdensharingÐif we want the allies to do f as an American and my conscience as a human being and my convictions as a more, then we probably have to do more too. IMPRISONED CHINESE PASTOR XU The final failure with which I am concerned Christian will not allow me to meet JONGZE is a failure to provide adequate resources. I with President Jiang Zemin in the began this speech by making note of the role The SPEAKER pro tempore. Under a morning. the aircraft carrier Nimitz has played in deter- previous order of the House, the gen- Mr. Speaker, let me be very clear. I ring conflicts. Today, we are running on the tleman from Texas [Mr. DELAY] is rec- do not oppose dialog with China. I wel- very edge of sufficiency in the number of car- ognized for 5 minutes. come such opportunities and I hope riers we keep in the force. We no longer main- Mr. DELAY. Mr. Speaker, once again that my colleagues who do attend that tain a permanent carrier presence in the Medi- I rise to call attention to the plight of breakfast find that the discussion is terranean and the Indian OceanÐinstead, we those persecuted for their religious substantive and fruitful. But I also swing carriers periodically from one area to faith in China, particularly Pastor Xu hope that I will have opportunities to the other, and we surge into a region if cir- Yongze. This marks the third occasion engage in further dialogue with China’s cumstances require. At best, this is barely on which I have taken to the floor to leadership myself, and I urge those who adequate. I am concerned that long-term address Pastor Xu’s imprisonment, and do meet with President Jiang to raise budget pressures will erode the size of the I will continue to speak out until Chi- forcefully the plight of the suffering Navy to a level that will not allow even the nese authorities release Pastor Xu. church. Finally, Mr. Speaker, let me humbly current amount of coverage. Even if we do not Tomorrow morning, Mr. Speaker, I but earnestly suggest to my colleagues reduce the number of carriers, we are reduc- will be eating breakfast in my office by and to the American people that we re- ing the number of other ships in the NavyÐ myself. As I announced earlier today, I member Pastor Xu and the believers in within five years, we will be down to 300 have reluctantly but resolutely decided China in our prayers. And I pray that ships, substantially below the level of about that I must boycott the congressional as Pastor Xu languishes alone in prison 330 that the Clinton Administration said was leadership breakfast with Chinese he will know that he is not forgotten. needed when it first came into office, and the President Jiang Zemin. I fear that the I pray that as Jiang Zemin returns to currently planned pace of shipbuilding will sup- Chinese Government’s intransigence China, he will know that Pastor Xu port no more than a 200 ship fleet in the long leaves me no other choice because for will not be forgotten. run. Our military presence in AsiaÐa pres- months I have engaged in quiet, re- ence that gave Japan confidence enough to spectful diplomatic efforts to secure f revitalize the allianceÐwill be in danger. Pastor Xu’s freedom. Many of my col- The SPEAKER pro tempore. Under a Moreover, throughout this statement, I have leagues have as well. previous order of the House, the gentle- emphasized, time and again, the value of U.S. Mr. Speaker, we have written to the woman from the District of Columbia military engagement all around the world. But Chinese leadership. We have discussed [Ms. NORTON] is recognized for 5 min- one outcome of the Pentagon's recent Quad- our concerns in meetings with Chinese utes. rennial Defense ReviewÐthe ``QDR''Ðwas to officials and we have sent very clear, [Ms. NORTON addressed the House. acknowledge the strain that the current high consistent signals about the impor- Her remarks will appear hereafter in pace of military operations is placing on our tance of Pastor Xu and religious lib- the Extensions of Remarks.] troops, especially on those based abroad in erty in China. The SPEAKER pro tempore. Under a Europe and elsewhere. As one way to reduce We are not alone. Many religious previous order of the House, the gen- the strain, the QDR called for a limit on the human rights and business leaders have tleman from New Jersey [Mr. SAXTON] number of ``engagement'' exercises that the also informed the Chinese Government is recognized for 5 minutes. regional military commanders had earlier been of their concern for Pastor Xu. Pastor [Mr. SAXTON addressed the House. free to undertake. I am not arguing that this is Xu is not the only one to be afflicted. His remarks will appear hereafter in the wrong thing to doÐon the contrary, I I am told that at least 200 other the Extensions of Remarks.] H9712 CONGRESSIONAL RECORD — HOUSE October 29, 1997 SHOWCASING OUR STATE OF to complete the task of trying to make So it is high time we engage in this SOUTH DAKOTA government simpler and less com- debate. It is happening around the The SPEAKER pro tempore. Under a plicated for the people of this country. country. It is happening in a way which previous order of the House, the gen- I had an opportunity to visit with I think hopefully will give us some so- tleman from South Dakota [Mr. someone in my State who is a small lutions that come from the ground up, THUNE] is recognized for 5 minutes. business person whose business was where the people of this country en- Mr. THUNE. Mr. Speaker, when I just acquired by another business. I gage in this issue and say, this is what came here to Washington, it was for was listening to, as a condition of the we want to do. I am proud to be a part the purpose of trying to bring some sale, I was listening to the discussions of that debate. I look forward to having common sense to this institution and that he held that they had to do an en- some discussions of that in my home to this city. I believe that it is infi- vironmental analysis. In this environ- State of South Dakota. nitely better for my children and for mental analysis they found that the air f the children of this country and our conditioner that was sitting outside the building was dripping onto the The SPEAKER pro tempore (Mr. grandchildren if we can have a Federal BLUNT). Under a previous order of the Government that is more efficient, ground and they decided that that was causing distress to vegetation. So what House, the gentleman from Ohio [Mr. that is more responsive, that is small- KUCINICH] is recognized for 5 minutes. er, and if we can restore discussion and was the solution? [Mr. KUCINICH addressed the House. debate about values to our culture. Because it was dripping onto the Somehow we have gotten to a point ground in one spot, they decided to His remarks will appear hereafter in in this country where we can accept take a 12-inch-by-12-inch concrete slab, the Extensions of Remarks.] the fact that if we are willing to write 2 inches thick, and to place it on the f a check to the IRS, it removes us from ground there. And somehow that was The SPEAKER pro tempore. Under a the responsibility that we have to be the solution that there would be less previous order of the House, the gentle- good citizens, to work in our commu- distressed vegetation with a 12-by-12 woman from Washington [Mrs. LINDA nities and our churches, to be good concrete slab than there would be with SMITH] is recognized for 5 minutes. the drip drip that was a pinpoint drip strong family leaders. That is a trend [Mrs. LINDA SMITH of Washington from the air conditioner. I thought to that I believe we need to change and addressed the House. Her remarks will myself, that is a perfect example of a something that we are making progress appear hereafter in the Extensions of regulation that certainly goes beyond on. Significant progress. Remarks.] the pail in terms of any rationale or Progress on issues like welfare re- f form; the first balanced budget for common sense that might be there. The SPEAKER pro tempore. Under a some 30 years; the first tax cuts in 16 One of the areas that we are going to previous order of the House, the gentle- years, since 1981; Medicare reform; im- talk about in the next few weeks and woman from North Carolina [Mrs. portant reforms in the area of edu- something that I think is long overdue cation that address values that we is a discussion of how we can reform CLAYTON] is recognized for 5 minutes. share, values like parental choice, like the IRS, restructure it and generate a [Mrs. CLAYTON addressed the House. trying to give the taxpayers the best long-term discussion about how we Her remarks will appear hereafter in value for their dollar and provide the make our Tax Code simpler, less com- the Extensions of Remarks.] very highest quality education that we plicated and fairer and hopefully elimi- f can for our young people. nate the enormous amount of time and The SPEAKER pro tempore. Under a Mr. Speaker, this weekend I had the energy and resources that are spent previous order of the House, the gen- each year by the people of this country opportunity to go back to my home tleman from Georgia [Mr. KINGSTON] is in trying to comply with a Tax Code State of South Dakota and to hunt recognized for 5 minutes. that clearly has gotten out of control. pheasants on a beautiful, crisp, clear [Mr. KINGSTON addressed the House. day. I should not say it was entirely Just as an example, we have 480 tax forms in this country. The form EZ, His remarks will appear hereafter in clear; it was crisp. We were out in the the Extensions of Remarks.] fall of our State and enjoying some- which is the simple form, that has 1 f thing that has become a ritual and tra- some 31 pages, 7 ⁄2 million words in our dition in South Dakota, and something Tax Code. In fact, the estimates have The SPEAKER pro tempore. Under a where government has worked together been, the Kemp Commission found that previous order of the House, the gen- in a constructive way with landowners, we spent over 5 billion man-hours a tleman from Puerto Rico [Mr. ROMERO- with conservationists, with sports- year doing nothing but filling out tax BARCELO´ ] is recognized for 5 minutes. men’s groups, with our State govern- returns, some 3 million people in the [Mr. ROMERO-BARCELO´ addressed ment, local government, farmers, process of filling out returns which, in- the House. His remarks will appear ranchers to do something that has been terestingly enough, is more people hereafter in the Extensions of Re- very, very important to the economy of than we have in our entire armed serv- marks.] ices, which means one thing, that is, our State of South Dakota. f Mr. Speaker, we have seen growth in we spend more time, energy and re- sources and dollars defending ourselves The SPEAKER pro tempore. Under a that industry that has nearly doubled previous order of the House, the gen- the revenues that are generated in our from our own Tax Code than we do from foreign enemies. tleman from California [Mr. RIGGS] is State; some $70 million a year from the recognized for 5 minutes. process of pheasant hunting in South I think that is ironic. I think it Dakota. And $70 million in South Da- speaks volumes for the need for change [Mr. RIGGS addressed the House. His kota is a lot of money. I think that in this country. I think that one of the remarks will appear hereafter in the stands as a model of the way we can reasons we have this complicated Tax Extensions of Remarks.] work together to address some of these Code is that command and control here f issues on areas where we have common in Washington, DC; there is so much The SPEAKER pro tempore. Under a conflicts. internal resistance to change in this previous order of the House, the gen- Sometimes we get crosswise between city. tleman from New York [Mr. MCNULTY] environmental groups and between I was reading recently, as well, that is recognized for 5 minutes. landowners in certainly our State of in 1964 there were some 16,000 lobbyists in Washington. Today there are over [Mr. MCNULTY addressed the House. South Dakota, but it was a great expe- His remarks will appear hereafter in rience and we had a wonderful time and 64,000. The proliferation of lobbyists, in my view, I believe supports the fact the Extensions of Remarks.] we had an opportunity to showcase our f State. that we have a complicated govern- ment and a complex Tax Code and most The SPEAKER pro tempore. Under a b 2145 lobbyists spend their time trying to previous order of the House, the gen- We have a number of other important figure out loopholes and exemptions tleman from Michigan [Mr. SMITH] is challenges ahead of us, if we are going from our current Tax Code. recognized for 5 minutes. October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9713 [Mr. SMITH of Michigan addressed Last year, about 38,000 people died being able to live out the American the House. His remarks will appear and only about 243 filled out Federal dream in their retirement years. hereafter in the Extensions of Re- estate tax returns, which says to me So either you can wait and do noth- marks.] that something is wrong, because ing, which might be the conventional f clearly for that small a number, 38,000 political wisdom in Washington, or you people died but 243 filled out Federal can look at cutting benefits, which I do The SPEAKER pro tempore. Under a not think is acceptable, or you can previous order of the House, the gentle- estate tax returns, which means in the eyes of the Federal Government they look at raising payroll taxes, which I woman from California [Ms. PELOSI] is do not think is acceptable, or you can recognized for 5 minutes. had accumulated enough in the way of assets to hold an estate that ought to try one other thing. It has been tried [Ms. PELOSI addressed the House. be taxed. It says that something is around the world. Her remarks will appear hereafter in wrong in fulfilling that part of the That is, letting people earn more the Extensions of Remarks.] American dream that ties straight to than this 1.9 percent or more than this f ending a lifetime of work with more negative number on their Social Secu- The SPEAKER pro tempore. Under a than something other than just memo- rity investment. That is what this bill previous order of the House, the gen- ries. does. What it does is simply offers peo- ple a choice. Everybody above the age tleman from Pennsylvania [Mr. What is interesting about that is that of 65 would simply stay on Social Secu- WELDON] is recognized for 5 minutes. a lot of people are beginning to recog- nize it. It has been constantly some- rity as we know it. But people below [Mr. WELDON of Pennsylvania ad- that age would simply have a choice. dressed the House. His remarks will ap- thing that comes up in my congres- sional district back in South Carolina. That is, if they thought Social Secu- pear hereafter in the Extensions of Re- rity made more sense for themselves marks]. Folks say to me, both young and old, the young folks say, I do not think I and their families then they could con- f am going to get my Social Security tinue to stay on Social Security as we The SPEAKER pro tempore. Under a when I grow up or when I finish work- know it. But if they thought it did not, previous order of the House, the gentle- ing or when I retire. Older folks are they could, instead of having their pay- woman from Connecticut [Ms. saying, what I am hearing from my roll tax go to Washington, it could be DELAURO] is recognized for 5 minutes. grandson or my granddaughter is that redirected into their own personal sav- ings account that they owned and con- [Ms. DELAURO addressed the House. they do not think they are going to get trolled and got a monthly statement Her remarks will appear hereafter in their Social Security. And not only is it being heard in essence from the on. the Extensions of Remarks.] That is not such a crazy idea because right, I guess is where I come from, but f it has been a well-tested idea. It has from the left. The SPEAKER pro tempore. Under a I mean somebody like Sam Beard, a been an idea that Great Britain has previous order of the House, the gentle- person who I have been working very moved toward. It has been an idea that seven countries down in South America woman from Connecticut [Mrs. JOHN- hard on this idea of saving Social Secu- have moved toward. It has been an idea SON] is recognized for 5 minutes. rity. Sam Beard comes from the oppo- with 3.5 million workers in our own [Mrs. JOHNSON of Connecticut ad- site political philosophy of my own. He country that has been in essence test- dressed the House. Her remarks will was a staffer for Robert Kennedy. He ed. This is the beginning of a conversa- appear hereafter in the Extensions of spent his entire lifetime working, try- tion about the American dream. Remarks.] ing to do something about the inner f f cities. He thinks that one of the only The SPEAKER pro tempore. Under a ways that you save the inner city is ACCOMPLISHMENT OF THE previous order of the House, the gen- with this idea of personal savings ac- HEALTH CENTER PROGRAMS tleman from Minnesota [Mr. counts, which is what is talked about The SPEAKER pro tempore. Under GUTKNECHT] is recognized for 5 min- in this bill. the Speaker’s announced policy of Jan- utes. Because right now, though April 15 is uary 7, 1997, the gentleman from Illi- a big day, April 15 is really an insignifi- [Mr. GUTKNECHT addressed the nois [Mr. DAVIS] is recognized for 60 cant day when you think about overall minutes as the designee of the minor- House. His remarks will appear here- tax rates in this country, because for 70 after in the Extensions of Remarks.] ity leader. percent of Americans, the largest tax GENERAL LEAVE f that they will pay is not income tax Mr. DAVIS of Illinois. Mr. Speaker, I but payroll tax. And with Social Secu- ON SOCIAL SECURITY ask unanimous consent that all Mem- rity 12 percent or, to be exact, 12.4 per- bers may have 5 legislative days within The SPEAKER pro tempore. Under a cent comes right off the top, not on which to revise and extend their re- previous order of the House, the gen- April 15 but on every single working marks on the subject of my special tleman from South Carolina [Mr. SAN- day. order. FORD] is recognized for 5 minutes. What the trustees have said is with The SPEAKER pro tempore. Is there Mr. SANFORD. Mr. Speaker, I have that 12 percent that is going toward objection to the request of the gen- before you a bill that I introduced one’s retirement plan, what they have tleman from Illinois? today. It is a bill that would put the said is that if we do nothing to save So- There was no objection. worst insomniac in the world to sleep. cial Security, it goes bankrupt in Mr. DAVIS of Illinois. Mr. Speaker, I look here at 160 or 170 pages that by about 30 years and it begins running about 30 years ago, there emerged on themselves are long and boring pages. structural deficits in about 15, such the American scene, as a result of the And yet what this bill is about is, in es- that either you have to look at cutting civil rights movement, demonstra- sence, I think something that is very benefits by about 14 percent or raising tions, marches, protests, action on the exciting. That is, I think that this bill, payroll taxes by about 16 percent. part of the United States Congress, ini- which is a bill to save Social Security, Both young people and old people tiation of the war on poverty, there is a bill about the American dream. that I talked to at home in South Caro- emerged a new set of health service de- Because if you were to stop and think lina say neither of those are great op- livery mechanisms, something that we about it, I think that what we would tions. What the trustees have also said today know as community health cen- all agree upon is that a part of the is that the overall rate of return for ev- ters. They started out with the name American dream is tied to ending a erybody working and paying into So- neighborhood health centers as part of lifetime of work with something more cial Security today is 1.9 percent. And the OEO antipoverty program. than just memories. And yet for many that everybody born after 1948 will get Every community that OEO would go Americans, in fact, we pulled the num- a negative rate of return on their So- into, making an assessment to look at ber at home in my State of South Caro- cial Security investment. Again, these the issue of poverty, there would al- lina. are not numbers that tie to people ways emerge the issue of a lack of H9714 CONGRESSIONAL RECORD — HOUSE October 29, 1997 health care resources, the issue of universal coverage will truly guarantee Carolina, there are 17 community there not being services available to access to quality care for everyone. health centers which are private, not- the people who lived in inner cities and One of the things that I liked best for-profit businesses owned and run by rural communities. As a result of that, about the community health center the local communities. these pioneering centers came on the movement is that they have spurred In 1996 they provided primary and scene. the development of so many individ- preventive health care services at more Today I rise to underscore that they uals. I am certain without a doubt that than 60 locations. These health clinics are indeed a vital component of our I would not be standing here today as a served more than 152,000 patients, health care system and one that fo- Member of the United States Congress many of whom would not have other- cuses on providing the access to pri- had I not gotten involved with the wise received medical care. More than mary and preventive health care serv- community health center movement in 50,000 children, 85,000 adults, and 15,000 ices that coverage alone cannot assure. my community that not only brought elderly South Carolinians depended on As we all know too well from our expe- services, but also provided opportuni- the health professionals in their com- rience over the years with Medicaid, ties for individuals to be trained, for munity health centers for their medi- the possession of an insurance card will individuals who had never been in the cal care and made over a half million not necessarily guarantee Americans health business to develop careers. visits to them. access to health care. Nowhere is this I remember some of the great train- In the Sixth Congressional District, more true than in our inner city and ing programs that the association de- which I am proud to represent, there rural, medically underserved commu- veloped where individuals could go off were over 68,000 people in community nities. to the University of Michigan and ac- health centers last year. Many of these I had the good fortune of taking a job quire a master’s degree in public health people are children, some pregnant at the Martin Luther King, Jr. Neigh- on the weekends while working in their women, many uninsured, many minori- borhood Health Center in the City of local centers. ties, many from rural areas, many Chicago as its director of training, b 2200 from low-income households, and many which sharpened my interest in health Medicaid recipients. care, and ultimately continued to work Or they could go out to the Univer- In my district, the Franklin C. Fet- in that area and had the good fortune sity of California for six-week periods ter Family Health Center in Charleston to see the emergence and development at a time and acquire Master’s degrees County had over 100,000 visits last year, of this group of inner-city, rural mi- in health administration while retain- the highest in the State. Another cen- grant health programs throughout the ing the job that they had back in their ter in my district, the Family Health country, got involved and eventually local communities. Center, Incorporated, in Orangeburg, became, after the group had developed, So I am so pleased that one of the served over 34,000 individual patients, a national association which even to real people who have seen these devel- another record high in the State. this day still exists, is very vibrant, opments is also here to join with me Now, I share these numbers with my viable and a valuable part of the Amer- this evening, in the person of the es- colleagues to illustrate the value my ican health care delivery system. teemed Representative from the State constituents place on these local Every place that we went we found of South Carolina [Mr. CLYBURN]. We health centers. Nationwide, over 50,000 that underserved communities des- will be delighted to have him join and people are employed in community perately need the health care system share with us. health centers. In South Carolina, that to deliver three things: Mr. CLYBURN. Mr. Speaker, I am translates into more than 900 jobs and One, the presence of a medical home pleased to be here this evening with my over $53 million being pumped into the that offers high quality care regardless good friend, the gentleman from Illi- State’s economy. There is tremendous of a person’s health or social status or nois [Mr. DAVIS] and to thank him for return on our investment in health his or her ability to pay for services all of his historical work in the field of centers. Every $100 million invested and that is accessible in terms of loca- community health centers. brings an additional $200 million in tion of hours of service for those who I want to say to him tonight that one other resources into our communities. do not have private transportation or of the most pleasant things for me to I think that my colleagues will agree cannot take time off from the work- find out was, as I was working my con- with me that that is an investment day. gressional district a few months ago, to worth making. Second, adequate numbers of highly find out from so many of my constitu- Mr. Speaker, community health cen- trained, culturally competent health ents that he is considered a real hero ters play a vital role in our Nation, our professionals to staff these facilities; among the people in this field. I am States and, more importantly, in our and, thirdly, the assurance that their honored that he has asked me to join local communities. I am pleased to join medical home will not be driven out of with him tonight in this special order. tonight with my good friend the gen- business due to excessive financial risk Community health centers have long tleman from Illinois [Mr. DAVIS] to ask or inadequate reimbursement simply been the sole means of medical atten- that this Congress continue to work to- because they care for those who are the tion for millions of Americans. For ward the adequate funding of these sickest and hardest to reach. that reason alone, we should be very unique and vital community institu- I strongly believe that our health careful to afford them the resources tions. system should be built and should build needed to continue their services. Com- I thank the gentleman for allowing on what works. Among the programs munity health centers offer a wide me the time. that have worked best for the under- range of services, including dental Mr. DAVIS of Illinois. Thank you so served are the community migrant and care, health education, community much. I really appreciate your being homeless health center programs. Over outreach, transportation, and various here. the past 30 years, these centers have support programs. In many commu- You mentioned Franklin C. Fetter. I established an unparalleled, uniquely nities, health centers work in collabo- remember when that center started, successful record of providing quality, ration with other organizations such as and I remember that it had a director cost-effective primary and preventive the local schools, Head Start programs, who was there for a long period of care to the hardest-to-reach popu- and homeless shelters, just to name a time, just an outstanding gentleman. I lations across the Nation, recruiting few. am thinking of people that I knew then and retaining health professionals As events of the past few days have in South Carolina, like Georgia Goode where they are most needed and em- proven, many of us are driven by num- and Tom Barnwell, I mean, people who powering communities to develop long- bers, so let me share some numbers were so committed and so dedicated range solutions to their health needs. with you concerning community health and gave so much of themselves to Health reform should invest in such centers of the last year alone. Nine make sure that these centers got start- success by preserving and building hundred forty community health cen- ed and that they continue. upon these programs in preparation for ters served almost 10 million people na- Who was the gentleman I am trying the implementation of reform so that tionwide. In my home State of South to think of? October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9715 Mr. CLYBURN. Mr. Speaker, if the I think that health care is so fun- sicians. I do not know if you can get gentleman will yield, he may recall damental to everything that we do, so much better than that. that that movement in South Carolina I want to just thank my colleague for The length of stay for hospital pa- started with an effort in Beaufort all that he has done. tients served by health centers has County, the Beaufort-Jasper Com- Mr. DAVIS of Illinois. Mr. Speaker, been found to be only one-third as long prehensive Health Care Center. That reclaiming my time, the gentleman as that for patients who are seen by occupied significant amounts of our from South Carolina [Mr. CLYBURN] is outpatient departments and half as time trying to pull all of that together, just so on target, and again, I want to long as that of outpatients served by and it finally got put together. Tom compliment him. I also want to com- private physicians. Studies have also Barnwell, as you know, for many, pliment him because we recently just shown that regular use of a health cen- many years directed that effort. It finished an outstanding legislative ter has produced a 33-percent savings came about because Senator HOLLINGS weekend of the Congressional Black to Medicaid on both per case and per took it upon himself to go and visit Caucus, and he was the chairperson of person yearly basis. This is for total rural Beaufort County and drew the that activity. Every place that I go costs for all services. Nation’s attention to the health care back in my district in Chicago and out b 2215 problems in rural South Carolina. in the suburban areas and throughout Health centers are among the few When that attention was focused, a the country, there are people who tell Federal programs that empower com- lot of people were a bit upset, thinking me what an outstanding weekend they munities to craft long-range solutions that this was a negative for Beaufort. thought it was, and I always say to But when the Congress saw, it re- to their health problems. By law, of them, ‘‘Well, one the reasons is the fact course, health centers must be gov- sponded, and what looked like a nega- that we had an outstanding chairman.’’ tive turned out to be a tremendous erned by a board of directors, a major- So I commend him for that. ity of whom must be patients of the fa- positive not just for Beaufort County, Mr. CLYBURN. Thank you. cility. Only through the health center but then it moved from there to Frank- Mr. DAVIS of Illinois. My colleague programs are consumers in the driver’s lin Fetter. jogged my memory, he started talking seat of their primary care delivery site. I think my colleague may be talking about Dr. Anderson and I remembered And only through health centers are about Dr. Leroy Anderson. other people, like Dr. Stephen Joseph; underserved communities assured that Mr. DAVIS. Dr. Leroy Anderson. Jack Geiger; Count Gibson; Jerry their primary care provider will re- Mr. CLYBURN. He directed that for a Ashford out of Boston, who became the spond to their specific needs. It is for long period of time, and of course the first director of the association; Dr. Franklin Fetter Center started out these reasons and others that health Sam Rodgers from Kansas City, where working with migrants. It was my op- centers have attracted such broad bi- they eventually named a center there portunity to serve for a number of partisan support. for him; Dr. Charles Swett out of Chi- years as the director of the South Virtually all major health reform cago; Clifton Cole out of Los Angeles, Carolina Commission for Farm Work- proposals introduced in the Congress who became the first president of our ers, and of course part of our work was over the past few years have included association; Dr. Batcheler from De- on James Island and Johns Island and funding and other provisions for com- troit; a woman named Earline Lindsey Yonges and Edisto Islands, trying to munity health centers. That means out of Chicago; another lady, Delores work with migrants who came into the that a majority of the Members of this Lindsey out of Cincinnati; and Pepper area following the stream up from House, whether they be Democrats or Florida, as well as seasonal farm work- Jacques out of Detroit; and Eloise Republicans or Independents, have ers. We found tremendous health needs Westbrook from out in San Francisco; stated that they think health centers among this rural part of Charleston and Harvey Holzberg out of New York; are the best hope for addressing the county. and Tom van Koffenen, who now di- needs of the underserved populations. Of course, Franklin Fetter was born rects the association, who came on and When it comes to access to care, health there, and from there it has moved to has been there I guess now 25 years or centers are something we can all sup- Charleston’s east side to focus on the so, continuing to advocate, continuing port. urban aspects of these problems. The to develop, to plan, to orchestrate and Most of these legislative proposals center is still there, enjoying a tremen- to provide technical assistance and have called for efforts to respond to the dous work and, of course, working with help these centers to grow. needs of underserved Americans in 3 us now, we are about to establish a Because even though we have experi- very important ways. First, they have similar center in north Charleston. enced a tremendous amount of success, called for an expansion of the commu- Thanks to the mayor and the council there are still 43 million medically un- nity health center program, including of north Charleston there, they have derserved people in this country, and flexible authority to make grants to come forward to provide the building these are people who do not have ade- other community based providers and for us to put the center in. quate access to health care services to establish community owned and op- When we see these kind of efforts, it and often have poor health status. It is erated networks and plans consistent is not just about health care, it is critical that health reform include spe- of safety net providers. about getting communities to work to- cial measures to meet their needs if Secondly, they have included provi- gether, getting people to focus on needs our goal of cost containment is to be sions encouraging managed care plans that go beyond health, health being the realized. to include health centers in their pro- method by which we get them orga- The underserved are exactly the ones vider networks and to make sure that nized. I think that your work with my who end up on emergency room door- these providers are not put at undue friends in South Carolina, and of steps. Studies have shown, for example, risk. This will preserve the existing course I better mention, because also that up to 80 percent of emergency safety net primary care infrastructure in my district, in fact, I spent last Sat- room visits in underserved visits are in underserved areas and assure their urday afternoon with the people in non-urgent care. If the underserved do full participation in the new health Eastover, where we have a similar cen- not have their preventive and primary system. ter. Mr. Brown, who directs that, they health care needs met in health reform, Thirdly, they have encouraged the were very pleased with the recent then our goal of cost containment will inclusion of health centers in health grant they got to help with their work. be unattainable. professions education and training. So I want to thank my colleague be- Health centers have shown that we This will ensure that primary health cause, as I move throughout the dis- give top quality care and constrained care professionals are trained and prac- trict, I am amazed at the number of cost for our communities. For example, tice in underserved areas where they people. I am glad he lives in Illinois. inpatient hospital admission rates for are most needed. This is a critical Do not move to South Carolina, be- health center patients have been up to point in the history of the health cen- cause I find it a little bit difficult, peo- 67 percent lower than for those served ter movement. It demonstrates that to ple think so much of you there for the by other providers, including hospital get health care to the people who can- work that you have done in this field. outpatient departments or private phy- not afford it, the Federal Government H9716 CONGRESSIONAL RECORD — HOUSE October 29, 1997 must chip in a critical share. It comes munity’s health center started. And we enrollment.1 This revolution has been driven in the form of health center operating have the Erie Family Center under the by employers’ and insurers’ demands that grants. The best action we can take for strong leadership of Rupert Evans, who costs be held down or even reduced, and that those health professionals who want to is the executive director. This center providers share financial risk. Managed care plans have willingly complied with those de- give something back to their commu- has done an outstanding job of provid- mands, bargaining for significant reductions nities is to ensure a broad base of fed- ing care to the communities in and in provider charges or rates. Though doubts erally assisted community based pro- around it, Humboldt Park, West Town. continue to persist as to the long-term abil- viders in underserved areas. This will Plus the Erie integrated care program ity of managed care systems in holding down give these professionals a place to train is the only bilingual primary care pro- health care costs, data from 1994 and 1995 and practice with the quality care en- vider serving HIV and HIV/AIDS in- show medical cost inflation rates in the sin- vironment and all the supports they fected patients in the city of Chicago. gle digits for the first time in over a decade. will need. They have a great pediatric program. Clearly, the era of open-ended, fee-for-service The health centers in my home State We also have a number of other cen- medicine is over. While public insurance programs have are all jewels. As a matter of fact, they ters, such as the Daniel Hale Williams moved more slowly, they too—especially are indeed worth their weight in gold. Center, the Mercy Diagnostic, the Medicaid—are now outpacing the private They are cost effective, responsive to Sinai Family Centers, which just re- sector in their rates of managed care enroll- community needs, and the patients ceived a substantial grant of $8 million ment. In 1990, a little over 2 million Medicaid just love them. I cannot think of much not very long ago to continue its great beneficiaries were enrolled in managed care more that we could ask of a group of work, the Alivio Medical Center, Circle plans; that number jumped to an estimated providers. And so I would certainly Family Center, the Mill Square Health 11 million by the end of 1995 2. Most of that want to urge this Congress and all of Center, Komed, New City, the Cook growth has been accomplished through the use of Medicaid waivers, which the current my colleagues to continue to provide County Network. All of these are cen- Administration has granted to more than a the support that has been provided ters that provide not only the best of dozen states under Section 1115 of the Social over the years and let us continue with care but also opportunities for people Security Act, allowing those states to bypass one of the most effective programs that to work, for people to have jobs, for Medicaid law requirements in establishing we have ever seen for the provision of people to plan, for people to serve on state managed care initiatives and other re- quality comprehensive health care to the boards of directors, to make deci- forms. The recently-enacted Balanced Budg- large numbers of poor people in this sions, to decide what their neighbor- et Act of 1997 contains far-reaching provi- country. hoods and communities will be. sions that give states substantial flexibility to re-structure their Medicaid programs in I really thank the gentleman from And so in its 30th year, I just thought order to enroll most of their Medicaid popu- South Carolina [Mr. CLYBURN] for shar- that this would be an excellent time to lations in managed care plans.3 ing. It is also an indication of caring. If stop and pause and pay tribute to this Under the right circumstances, the Amer- the gentleman has got some other com- great group of centers that are operat- ican health care revolution can significantly ments, please go right ahead. ing and remember some of the individ- improve both the availability and quality of Mr. CLYBURN. I thank the gen- uals who made it happen, people out of health care for most Americans while con- tleman so much. I am just pleased to New York like Paul Mejias and Janice taining costs by reducing the provision of be a part of this because, as we have Robinson, Curtis Owens from Philadel- unnecessary or inappropriate care. However, discussed in passing, this is something the success of both private market and pub- phia, Dan Cantrell from Chicago, Dave lic financing reforms could be significantly I very much have been involved in over Simmons from Boston, Aaron Shirley undermined if adequate attention is not the years. I was just so pleased to find from Jackson, Mississippi, Melba given to two other key factors: that the gentleman had such a rich and McAfee from Jackson, Mississippi, and The recent acceleration in the use of Med- hands-on involvement. To have some- other people from all over the country. icaid managed care raises questions as to one like the gentleman as an advocate I just hope that some historian who has whether the managed care industry has the in this area is something that makes been involved in the efforts is writing a capacity and infrastructure to absorb mil- me feel much more comfortable with history so that 100 years from now lions of patients who differ dramatically in our efforts. I just want to thank the socioeconomic and health status, education when we look back and look at where and health care needs from their traditional gentleman for letting me be here to- health care has come and look at our enrollees, and experience numerous barriers night to join with him and to call upon health care delivery systems, we will to access to health care services—making our colleagues to continue this great recognize the tremendous role that the them among the most difficult-to-reach and work. community health center movement needy patients in the health care system.4 Mr. DAVIS of Illinois. I thank the has played. Medicaid beneficiaries and other low income gentleman. I will just make a little Mr. Speaker, I would like to include Americans have higher rates of illness and special recognition to a few of the com- some additional documents here that I disability than other Americans, and thus munity health centers that operate in accumulate significantly higher costs of would like to insert: 5 my district. I always say that I have ‘‘The American Health Care Revolu- medical care. By contrast, most managed care organizations have, until recently, prin- the most fascinating district in the tion and the Critical Role of Health cipally focused their enrollment and infra- United States of America. These people Centers.’’ structure in reasonably affluent, healthy, have simply gone above and beyond ‘‘Health Centers Are Unique in Struc- well-educated suburban patient bases. There- being just good providers of primary ture and Mission.’’ fore, in implementing Medicaid managed care. ‘‘Why Health Centers Work for the care programs, states are moving millions of For example, under the tireless lead- Nation.’’ individuals into health care delivery systems ership of Berniece Mills-Thomas, exec- ‘‘Community, Migrant & Homeless which have had little experience in providing utive director of the Near North Health Health Centers.’’ care to them. Without an adequate infra- structure, this difficult-to-reach and needy Service Corporation which provides ‘‘And from the Bureau of Primary Health Care, its depiction of what the population may be denied access to basic primary care to women, infants, school health care. age children and their parents, we have health center movement has meant to At the same time, more than 43 million seen that infant mortality has gone primary care services in the country.’’ Americans have no health insurance and down significantly in the area that ‘‘The material referred to is as fol- that number is rising by more than 100,000 they service around Cabrini Housing lows: each month.6 A recent report found that the Development. Actually they have re- THE AMERICAN HEALTH CARE REVOLUTION AND uninsured are almost twice as likely to lack duced infant mortality over the years THE CRITICAL ROLE OF HEALTH CENTERS a regular source of care, have fewer ambula- A revolution in the American health care tory visits, and have a higher rate of medical from 26.6 per 1,000 live births to now emergencies, than those who have insurance. 12.8 per 1,000 live births. That is an out- system is well underway and by all accounts will dramatically transform that system They frequently depend on hospitals and standing indicator of the impact, of the over the next few years. More than two- emergency rooms for even basic care often effectiveness. thirds of privately-insured individuals, or 120 due to severe shortages of appropriate pri- The Winfield Moody, I can remember million people, are already enrolled in some mary health services in their communities 7. traveling around the country with Mrs. form of managed care, with continuing sub- Moody as they were getting that com- stantial annual increases in managed care Footnotes at end of article. October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9717 As more privately-insured Americans join problems, they are much like private medi- derserved people in America today—persons managed care plans, and as plans increas- cal practices, staffed by physicians, nurses, who even if insured, nonetheless remain iso- ingly demand maximum cost-efficiency from and other health professionals. They differ lated from traditional forms of medical care their providers, providers will be less able to from private medical practices, however, by because of where they live, who they are, and provide care to individuals who are unin- their broader range of services, such as so- their frequently far greater levels of complex sured or whose insurer pays less than the cial service and health education, and by health care needs: cost of care that is provided (as is true of their management structure. Health centers Fifty percent reside in isolated rural areas; both Medicare and Medicaid today). are owned and operated by communities the other half live in economically depressed Clearly, the long-term success of the through volunteer governing boards com- inner city communities. American health care revolution will depend posed of leaders and residents of the commu- Virtually all patients have family incomes upon steps to assure the availability, and en- nities they serve. They function as non-prof- below 200 percent of the federal poverty level courage the use, of cost-effective preventive it businesses with professional managers; ($28,700 annually for a family of four in 1994). and primary health care for uninsured low purchase goods and services; provide employ- Nearly one in two is completely uninsured, income working families; and the key to the ment; and make an economic impact within either publicly or privately, and more than longer-term survival of managed care orga- their community. one-third depend on Medicaid. 44 percent of all patients are children nizations will be the adequacy of their Medi- Because they exist to serve their commu- under 18, and thirty percent are women of care and Medicaid enrollees’ access to lower- nities, health centers are committed to seek- childbearing age (nearly one in ten is preg- cost primary and preventive care, as well as ing out and combining resources from a vari- ety of sources to ensure that access to pri- nant). Health centers delivered over 400,000 their expertise in managing enrollee costs. mary health care services is made available babies last year—10 percent of all births and To be successful in these efforts, the new to all community residents, regardless of 1 in 5 low income births 10. American health care system and its man- their financial or insurance status. Patients Because of factors such as poverty or aged care plans will need the resources and who can afford to pay are expected to pay. homelessness, and other social-environ- know-how of providers that have a history of Medicare and Medicaid patients are always mental threats that permeate low income/ cost-effective, quality service to Medicaid welcome. And insurance companies are billed underserved communities, health center pa- beneficiaries and other low income popu- on behalf of patients with coverage. The cen- tients are at higher risk for serious and cost- lations—providers such as America’s Health ters’ Board and staff also work to obtain sup- ly conditions (such as asthma, tuberculosis, Centers. port from other sources, such as local gov- or high-risk pregnancies) than the general WHY HEALTH CENTERS? ernments and foundations, to ensure that population, and require unique health serv- For more than 30 years, Health Centers care is available for all patients based on ices not typically offered by traditional pro- have served as ‘‘managed care’’ providers for ability to pay. viders, including most managed care enti- publicly-insured and uninsured families. Na- In order to maximize limited resources, ties. these private, non-profit community prac- tionwide, 2700 local health center service HEALTH CENTERS ARE CLINICALLY EFFECTIVE tices have developed community linkages sites currently deliver preventive and pri- Health centers provide more than just care mary health care to more than 10 million with local health departments, hospitals, nursing homes, pharmacists and others to for illness or episodic conditions. They offer people—including 3.8 million Medicaid re- a ‘‘health care home’’ for all residents of an cipients, 1 million Medicare beneficiaries, ensure that services are coordinated and to eliminate duplication of effort. Although underserved area. Like any good family doc- and 4.2 million people who have no health in- tor’s office, they provide ongoing care and surance—in urban and rural underserved some services may not be available on-site, the health center does coordinate care and health management for families and individ- communities across the country. The under- uals through all life stages. Care is provided lying goal of the health center programs has referrals to other providers in a way that assures true ‘‘one stop caring’’ for its pa- in the office whenever possible; physicians been to help communities and their people to tients. are on the medical staffs of their local hos- take responsibility for their health; toward pitals; and referrals to other providers are that end, the programs have facilitated the HEALTH CENTERS ARE FOUND WHERE THEY’RE NEEDED MOST made whenever needed. flow of public and private resources, ena- Health center practices are staffed by a By law, all Health Centers must be located bling the communities themselves to estab- team of board certified or board eligible phy- in and serve medically underserved areas lish and operate health centers and to de- sicians, physician’s assistants, nurses, den- and/or populations—and their 2,700 sites are velop innovative programs to meet their tists, social workers and other health profes- split evenly between rural and urban com- health needs. sionals. In rural areas, physicians are typi- Health Centers have historically operated munities. The residents of these commu- nities suffer from the most profound short- cally family practitioners, while larger with very limited budgets and have devel- urban centers are usually staffed with inter- oped considerable expertise in managing pa- age of accessible primary health care serv- ices and, not surprisingly, exhibit some of disciplinary teams of internists, pediatri- tients with significant health needs in low cians, and obstetricians. Almost 98% of the cost settings, providing access to primary the most severe health problems and the poorest health status of all American com- more than 5,000 health center physicians are and preventive health services. With lit- board-certified or eligible 11, and all are re- erally thousands of communities across the munities. More than 43 million people, living in these quired to have hospital admitting privileges. country suffering from acute shortages of inner-city and rural communities, remain se- The hallmarks of effective primary health cost-effective preventive and primary health riously medically underserved because of care are the entry point it provides into the care service providers, with the numbers of special needs or circumstances 8: entire system of care, its comprehensiveness, uninsured Americans rising each month, and They are overwhelmingly members of low continuity, and responsiveness to the needs with cost controls making it increasingly income families, and are disproportionately of the patients served. Because primary care impossible for other providers to continue young. must be patient-centered to be effective, it is offering care to those without coverage, Many are uninsured, but 60 percent of not the same for everyone—one size cannot health center programs are today, more than them already have some form of insurance fit all. Local centers have developed special ever, critical to the success of the new Amer- (including Medicare and Medicaid). intervention programs for significant health ican health care system. This is especially Many live and work in areas with too few care needs in their community, including true because health centers: providers of care, while others face serious strong obstetrical practices to fill a gap in Are, by law, located exclusively in rural non-financial barriers to care (such as lan- their community or a special focus on pa- and inner city communities that have been guage or physical disabilities), or have com- tients with diabetes, or hypertension or designated as ‘‘medically underserved,’’ be- plex health and social problems. AIDS. Many centers have developed special cause they have far too few ‘‘front-line’’ pro- In simplest terms, the medically under- outreach programs to help overcome the cul- viders and poor health status indicators. I served are people who can’t get care when tural and language barriers faced by people these communities, health centers are fre- they need it, and when it is most appro- who speak little or no English in obtaining quently the only available and accessible priate—to prevent the onset of a health prob- primary health care access 12. primary care provider. lem or illness, or to diagnose and treat a Centers also emphasize services designed Care for those whom other providers do not condition in its earliest stages—because of to enhance the effectiveness of the medical serve because of their high costs and com- who they are, where they live, or because of care provided, such as community outreach, plex health needs. their health status. Two recent reports found health/nutrition education, and case man- Offer high quality preventive and primary that, even when insured, these Americans agement. Some 98 percent of health centers health care under one roof, in a ‘‘one-stop continue to face significant barriers to care, offer health education services; over 90 per- caring’’ system. especially to primary and preventive health cent offer case management services; more Have had a major impact on the health of services, and as a result have measurably than three-quarters offer preventive dental their communities and provide care in a poorer health outcomes and overall health services and in-house laboratory services. All highly cost-effective fashion. 9 status. health centers employ outreach and patient HEALTH CENTERS ARE A PRIVATE SECTOR HEALTH CENTERS SERVE THE MOST relations workers from the communities ALTERNATIVE VULNERABLE OF ALL they serve 13. Although health centers have a broad, pre- Health center patients are almost univer- Health centers are required by the U.S. vention-focused perspective on many health sally among the most vulnerable of all un- Public Health Service (PHS) to update their H9718 CONGRESSIONAL RECORD — HOUSE October 29, 1997 quality assurance program and health care In California in 1993, health center patients fits they yield. In recent years, the role of plan in response to annual community need were 33% less expensive overall (controlling community governance has achieved in- assessments, and are required to report to for maternity services), and had 27% less creased recognition and respect, especially PHS outcome measures, including immuni- total hospital costs 21; because it promotes direct involvement by zation rates, low birth weight reduction, hos- In Maryland in 1993, health center patients local residents in developing the services pital admission and length of stay 14. had lowest total payments; lowest ambula- they use. Because of their commitment to Available literature provides extensive tory visit cost; lowest incidence of inpatient their local communities, health centers have documentation of the quality and effective- days and lowest inpatient day cost; health become an effective solution for primary ness of care offered by health centers, using center patients were one-third as likely as health care access in thousands of commu- factors such as patient health outcomes, sat- hospital outpatient unit patients to be ad- nities across the nation, affirming their vital isfaction and health status of the commu- mitted on an inpatient basis and were half as role in America’s future health care system. nity. These studies provide strong evidence likely to have unstable chronic medical diag- THE HEALTH CENTER EXPERIENCE: LIMITED 22 that where there is a health center, the level noses as patients of other providers ; INVESTMENT GENERATES OUTSTANDING SUCCESS of health of the community is dramatically In New York in 1994, health center patients Health center achievements over the past improved. For instance: were 22–30% less expensive overall, and had 30 years show how much is known about how Infant mortality: Communities served by 41% lower total inpatient costs; diabetics to make a difference in the health of the health centers have been shown to have in- and asthmatics who were regular health cen- poor and how far even a modest investment fant mortality rates from ten to forty per- ter uses had 62% and 44% lower inpatient will go. cent lower than communities not served by costs, respectively 23. Every Federal dollar invested in health health centers. The provision of health cen- These findings are consistent with those centers leverages another two dollars in ter services also has been linked to improve- from dozens of previous studies on the cost- other revenues—in addition to the Medicare ments in the use of prenatal care and reduc- effectiveness and quality of care provided and Medicaid savings they produce. Health tions in the incidence of low birthweight 15. through the health center model, and in par- centers understand and respond to their Incidence of disease/hospitalization: Health ticular addressing the health centers’ dem- communities’ most urgent health care needs. centers have been shown to reduce rheu- onstrated and historic savings to state Med- Health centers care for those whom other matic fever and untreated middle ear infec- icaid programs. Taken together, these stud- providers cannot or will not serve. Health tions in children and have significantly in- ies have found that: centers offer high quality medical care. creased the proportion of children who are Use of health centers led to lower utiliza- Health centers have had a major impact on immunized against preventable disease 16. tion of more costly emergency rooms, rang- the health of their communities and provide Use of preventive care: Health centers have ing from 13 percent to 38 percent in the case care in a highly cost-effective fashion. There 24 increased the use of preventive health serv- of pediatric emergency room use. is no better health care bargain anywhere— ices such as Pap smears and physical Health centers have reduced inpatient ad- public or private. exams 17. mission rates for their patients by anywhere Perhaps the greatest testament to the Effectiveness of care: Health center pa- from 22 percent to 67 percent, reduced the unique ability of health centers to design tients have been shown to have lower hos- number of patients admitted per year and services that are accessible to their patients pital admission rates, shorter lengths of stay the length of stay among those who were ad- is that, ironically, health centers report that and make less inappropriate use of emer- mitted. 25 for every 10 patients currently served there gency room services 18. Health centers have achieved such tremen- are another 3 on local centers’ waiting lists Two recent (1994 and 1995) system-wide dous success because, like managed care or- who are seeking care there 26. And those on studies of thousands of Medicaid patient ganizations, they are a first point of entry health center waiting lists do not even begin medical records in Maryland found that for their patients into the health care deliv- to take into account the far larger number of health centers scored highest among all pro- ery system, and they manage their patients’ persons who need the services of health cen- viders for the proportion of their pediatric care to keep them healthy and out of costly ters but who do not have a center within patients who had received preventive serv- emergency rooms, hospitals, and specialists’ reach—particularly in the nearly 1,000 under- ices, including immunizations; and that offices. They are also experienced in the served U.S. counties that today have no health centers consistently scored at or near management of health care costs, since they health center 27. the highest in 21 separate measures of qual- must run their programs within a limited HEALTH CENTERS CAN DO SO MUCH MORE ity assessment, even though their costs of annual budget. care were among the lowest of the various Health centers are well tested and highly As policy makers consider options for im- provider types reviewed 19. successful models of community-based proving the reach and effectiveness of Amer- Health center patients are also overwhelm- health care. They are partnerships of people, ica’s health care system, they would do well ingly satisfied with their care and treat- governments, and communities working to- to seriously consider including steps to: ment. According to a 1993–1994 nationwide gether to meet local health care needs in an Expand the network of health centers to study of health center patients conducted by culturally competent, effective and efficient ultimately reach all medically underserved the Picker/Commonwealth Fund: 96% of way. Health centers develop primary care in- people and communities. With current fund- health center patients were very satisfied or frastructure in areas of the nation that need ing, health centers are able to reach just 9 satisfied with the quality of their care; 97% it most with limited Federal assistance. Fed- million of the 43 million medically under- would recommend the health center to eral grants to health centers average less served Americans who would benefit from friends and family; 95% receive regular than $100 annually per patient. This rep- their services. This effort could be accom- health care services, even when they are not resents a small investment for what centers plished incrementally over several years, sick (preventive and primary care services); accomplish in strengthening community with each additional $100 million in funding 87% have never had a concern or complaint. health and fostering prevention and health for health centers extending services to an education. additional 1 million people in some 400 com- HEALTH CENTER COST-EFFECTIVENESS IS munities. SECOND TO NONE THE HEALTH OF EACH HEALTH CENTER IS Assist health centers to fully participate Health centers are subject to ongoing Fed- ALWAYS LEADERSHIP AND ACCOUNTABILITY in managed care, by allowing them to form eral scrutiny of their cost-effectiveness and Health centers are professional health care or join Provider Sponsored Networks as fully quality of care. Cost screens applied to organizations providing a comprehensive integrated partners, and by ensuring that health centers by the U.S. Public Health range of high quality services for their com- any Medicaid or Medicare reforms include Service and the Health Care Financing Ad- munity. But their most distinctive feature is supplemental payments to health centers—in ministration, such as administrative costs that the health centers are developed and addition to other reimbursements from Med- and costs per patient visit, are virtually un- run by their communities, and are dedicated icare or Medicaid, or from managed care paralleled in the health care industry. The to the needs of their people. Health center plans—for the purpose of making sure that result is that health centers provide quality, governing boards are composed of local com- health centers receive sufficient funds to comprehensive primary care to some of the munity leaders and residents who care about adequately care for their Medicaid patients. hardest-to-reach patients in the health sys- the primary health care access needs of their Without sufficient resources to meet the tem at a price second to none. Several recent community and are committed to working needs of their patients, centers and clinics studies have found that Medicaid patients together to make a difference. Federally would be forced to substantially reduce their who regularly use health centers cost signifi- funded centers are required to have patients services and patient loads (mostly uninsured cantly less than those who use private pri- as a majority of their governing board mem- patients), and many could go out of business. mary care providers, such as HMO’s, hospital bers. Involve health centers in the training of outpatient units or private physicians. For The empowerment and involvement of the enhanced primary care workforce re- instance: local citizens in planning and governance has quired for the future, by making teaching In Washington state in 1992, health center been the essential characteristic that has health centers eligible for direct payment of patients were found to be 36% less expensive made in possible for health centers to make their health professions teaching costs. The for all services than patients of other pri- a real difference in underserved commu- Council on Graduate Medical Education mary care providers and used 31% fewer nities, in terms of both the sense of owner- (COGME), as well as the Institute of Medi- emergency room services 20; ship they help foster and the tangible bene- cine, and the Physician Payment Review October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9719 Commission, have recommended revision of 16 Mary E. Biscoe et al, ‘‘Follow-up Study of the tory, they have shown the value and current GME policies to support expanded Impact of Rural Preventive Care Outreach Program strength of a health system rooted in com- primary care and ambulatory training pro- on Children’s Health and Use of Medical Services’’, munity partnership and built on the delivery grams; and health centers represent the ideal American Journal of Public Health 70, 2 (February 1980); 151–156; Theodore J. Columbo et al, ‘‘The Ef- of accessible, quality primary care to Ameri- site for training in comprehensive preventive fect of Outreach Workers’ Educational Efforts on cans in need. Today, this growing nationwide and primary ambulatory health care, be- Preschool Children’s Use of Preventive Services’’, network delivers primary and preventive cause they have an established history of American Journal of Public Health 69, 5 (May 1979): care to more than 10 million medically un- functioning as interdisciplinary care envi- 465–468; and David L. Cowan et al, ‘‘Impact of a derserved people—spanning urban and rural ronments, providing quality, comprehensive Rural Preventive Care Outreach Program on Chil- communities in all fifty states, the District primary and preventive care. dren’s Health,’’ American Journal of Public Health 68, of Columbia, Puerto Rico, Guam and the Vir- 5 (May 1978: 471–476; and Leon Gordis, ‘‘Effectiveness Health centers provide comprehensive, gin Islands. continuous care to their patients regardless of Comprehensive Care Programs in Preventing of insurance status or ability to pay. It is Rheumatic Fever’’, New England Journal of Medicine HEALTH CENTERS ARE UNIQUE IN STRUCTURE this ability to offer continuous care that 289, 7 (August 16, 1973): 331–335. AND MISSION 17 Sheils A. Gorman and Hannah Nelson, ‘‘Meeting makes the health centers unique and par- the Data Needs of Neighborhood Health Centers,’’ Health centers are public-private partner- ticularly valuable. Health centers form a (Presented at the 102nd meeting of the American ships. They are nonprofit, private corpora- critical base on which to build managed care Public Health Association, 1984); and John C. Her- tions, which are locally-owned and operated systems for low-income and medically under- shey and John R. Moore, ‘‘The Use of an Information by the communities they serve. served populations. Already, health centers System for Community Health Services Planning Health Centers serve in medically under- are managed care providers for over 1.5 mil- and Management,’’ 13 Medical Care (February 1975): served communities—America’s inner cities, lion Medicaid patients, and that number is 114. See also Joel J. Alpert, et al, ‘‘Effective Use of migrant farmworker communities, and iso- expected to more than double over the next Comprehensive pediatric Care’’, American Journal of Diseases of Children 116 (November 1968): 529–533; and lated rural areas. They are defined areas year or two. Theodore J. Columbo, et al, ‘‘The Effect of Outreach with few or no physicians—suffering high The road to long-term managed care plan Workers’ Education Efforts on Use of Preventive levels of poverty, infant mortality, elderly, viability and effectiveness can be made Services by a Poverty Population,’’ (Presented at and poor health. smoother by the inclusion of health centers the 104th meeting of the American Public Health As- Health centers are governed by consumer in managed care networks. As experienced sociation, 1976). boards—composed of 51 percent patients who 18 and effective health care providers to the De Prez, Ronald, et al, ‘‘The Substitutability of represent the community served. This is a Outpatient Primary Care in Rural Community medically underserved, health centers can powerful link to the community. Consumer provide the primary care infrastructure net- Health Centers for Inpatient Hospital Care,‘‘ Health governance gives patients and local citizens work which managed care systems need to Services Research 22,2 (June 1987): 207–233; Gretchen V. Fleming and Ronald M. Anderson, ‘‘The Munici- a voice in the workings of their center—and provide cost efficient quality health care. pal Health Services Program: Improving Access to ensures that care is patient-centered and re- Health centers have much to offer managed Primary Care with Increasing Expenditures,’’ Medi- sponsive to diverse cultures and needs within care systems and stand ready to collaborate cal Care 24,7 (July 1986): 565–579; Howard E. Freeman, the community. with them. K. Jill Kiecolt, and Harris M. Allen, ‘‘Community Health center revenues are multi-sourced. NOTES Health Centers: An Initiative of Enduring Utility’’, Milbank Memorial Fund Quarter 60,2 (Spring 1982): Federal grants on average represent 36 per- 1 ‘‘Market Strategies and the Growth of Managed 245–267; Marsha R. Gold and Robert G. Rosenburg, cent of a health center budget. Reimburse- Care’’, Paper Presented by Howard Bailit, D.M.D., ‘‘Use of Emergency Room Services by the Popu- ment from Medicaid and Medicare con- Ph.D., Senior Vice President for Health Services Re- lation of a Neighborhood Health Center’’, Health stitutes 38 percent. The remainder is lever- search, Aetna Health Plans, to the Annual Meeting Service Report 89,1 (January-February 1974): 65–70; of the Association of Academic Health Centers, Sep- aged from state and local governments, in- Louis I. Hochheiser, Kenneth Woodward, and Evan surance, and patient fees. tember 29, 1994. Charney, ‘‘Effect on Neighborhood Health Center on 2 Testimony of Bruce Vladeck, Administrator, the Use of Pediatric Emergency Departments in Health centers provide care to all who seek Health Care Administration (HCFA), before the Rochester, New York’’, The New England Journal of their service. Patients are charged on a slid- House Committee on Government Reform and Over- Medicine 285,3 (July 15, 1971): 148–152; Gordon T. ing fee scale to ensure that income or lack of sight, January, 1996. Moore, Rosemary Bonanno, and Roberta Bernstein, insurance is not a barrier to care. Federal 3 See Subtitle H of Title IV of P.L. 105–33, the Bal- ‘‘Effect of a Neighborhood Health Center on Emer- grants received by centers subsidize the cost anced Budget Act of 1997. gency Room Use’’, Medical Care 10,3 (May-June 1972): 4 Holahan, Liska and Obermaier, Medicaid Expendi- of care provided to the uninsured—and the 240–247; and Elliot Sussman, et al, ‘‘Can Primary cost of services not covered by Medicare or tures and Beneficiary Trends, 1988–1993; Report to the Care Deliver?’’, Journal of Ambulatory Care Manage- Kaiser Commission on the Future of Medicaid by ment 2,3 (August 1979): 29–39. Medicaid or private insurance. The Urban Institute, September 1994. 19 Starfield, Barbara, et al, ‘‘Costs vs. Quality in WHY HEALTH CENTERS WORK FOR THE NATION 5 Health Insurance of Minorities in the U.S., Report Different Types of Primary Care Settings,’’ Journal Health centers fill critical gaps in health by the Agency for Health Care Policy and Research, of the American Medical Association 272,24 (December U.S. Department of Health and Human Services, 1992 28, 1994); 1903–1908; and Stuart, Mary e., et al, ‘‘Im- care. Health centers serve low-income work- and Green Book, Overview of Entitlement Programs proving Medicaid Pediatric Care,’’ Journal of Public ing families, the uninsured as well as high- Under the Jurisdiction of the Ways and Means Commit- Health Management Practice 1(2) (Spring, 1995): 31–38. risk populations such as the homeless, the tee, U.S. House of Representatives, 1994. 20 Braddock, Dennis, et al, Using Medicaid Fee-For- frail elderly, migrant farmworkers, and poor 6 Employee Benefits Research Institute, Sources of Service Data to Develop Health Center Policy, Washing- women and children. They are people who Health Insurance and Characteristics of the Uninsured, ton Association of Community Health Centers and EBRI Special Report and Issue Brief No. 158, Feb- confront barriers to care and whose unmet Group Health Cooperative of Puget Sound (1994). health needs represent a huge and growing ruary, 1995. 21 Health Services Utilization and Costs to Medicaid of 7 Baker, Laurence, and Baker, Linda, ‘‘Excess AFDC Recipients in California Served and Not Served cost to the nation. Costs of Emergency Department Visits for Non- by Community Health Centers, Center for Health Pol- Health Center Patient Profile: Virtually urgent Care,’’ Health Affairs, Winter 1994: 162–171. icy Studies/SysteMetrics (1993). all health center patients have family in- 8 Hawkins, Daniel, and Rosenbaum, Sara, Lives in 22 Steinwachs, Donald M., and Stuart, Mary E., comes below 200 percent of the federal pov- the Balance: A National, State and County Profile of (Johns Hopkins Univ. School of Public Health and erty level. More than two in five are com- America’s Medically Underserved (National Associa- Hygiene), ‘‘Patient-Mix Differences Among Ambula- pletely uninsured. More than one-third de- tion of Community Health Centers, 1993). tory Providers and Their Effects on Utilization and 9 pend on Medicaid. 70 percent of health center Grumback, Kevin, et al, Primary Care Resources Payments for Maryland Medicaid Users,’’ Medical and Preventable Hospitalization in California, CPS Re- Care 34,12 (December 1993): 1119–1137. patients are children and poor women of port, California Policy Seminar, May 1995; and 23 Utilization and Costs to Medicaid of AFDC Recipi- childbearing age. 60 percent of health center Kohrs, Francis P., MD, and Mainous, Arch G., PhD, ents in New York Served and Not Served by Community patients are members of racial and ethnic ‘‘The Relationship of Health Professional Shortage Health Centers, Center for Health Policy Studies minorities at high risk. Nearly half a million Areas to Health Status, Archives of Family Medicine, (1994). of our patient population are migrant farm- Vol. 4, August 1995: 681–685. 24 Hockheiser, L., Woodward, K., and Charney, E., workers and their families. 10 Data from 1995 health center reports to the Bu- ‘‘Effect of the Neighborhood Health Center on the reau of Primary Health Care, HHS. use of Pediatric Emergency Departments in Roch- Health Centers are built by community 11 Data from Bureau of Primary Health Care, 1994. ester, New York,’’ 285 New England Journal of Medi- initiative. A limited federal grant program 12 See Community and Migrant Health Centers; Criti- cine 148 (July 15, 1971). provides seed money. The purpose: to em- cal Components of Health Reform (National Associa- 25 ‘‘Final Report for Community Health Center power communities themselves to find part- tion of Community Health Centers, 1993). Cost Effectiveness Evaluation,’’ JRB Associates for ners and resources to develop centers—to 13 Lewin-ICF, 1991 Survey of Health Centers. U.S. Department of Health and Human Services, hire doctors and needed health profes- 14 See Program Expectations for Community and Mi- Contract No. 100–78–0138 (1981). See also Davis, Karen sionals—and to build their own points of grant Health Centers, Bureau of Primary Health Care, and Schoen, Cathy, Health and the War on Poverty: A HHS (1994). Ten-Year Appraisal (Brookings Institution, Washing- entry into the nation’s health care delivery 15 Grossman, Michael, and Goldman, Fred, ‘‘An ton, D.C., 1977). system. Economic Analysis of Community Health Centers,’’ 26 Lewin-ICF, 1991 Survey of Health Centers. Health centers focus on wellness and pre- National Bureau of Economic Research (1983); see 27 Hawkins, Daniel, and Rosenbaum, Sara, op cit. vention—the keys to cost savings in health also Schwartz, Rachel, and Poppen, Paul, Measuring care. Through innovative programs in out- the Impact of Community Health Centers on Pregnancy Outcomes, Abt Associates (1982), and M.B. Wingate, America’s Health Centers are comprised of reach, education, and prevention centers et al, ‘‘Obstetric Care in a Family-Health Oriented Community, Migrant and Homeless Health reach out and energize communities to meet Neighborhood Health Center, ‘‘Medical Care’’ 14, 4 Centers and other federally-qualified com- critical health needs and promote greater (April 1976): 315–325. munity-based providers. In a thirty-year his- personal responsibility for good health. H9720 CONGRESSIONAL RECORD — HOUSE October 29, 1997 Health centers produce savings. Their health needs represent a huge and growing model, which has produced the markers to skills and experience are unsurpassed as pro- cost to the nation. an effective alternative in accessible, afford- viders of quality, cost-effective health care Health centers are built by community ini- able community based care. This model has to high-risk and vulnerable populations. tiative. A limited federal grant program pro- shown that it takes more than governments HEALTH CENTERS MAKE A DIFFERENCE vides seed money. The purpose: to empower to solve the problems in health care; that communities themselves to find partners and people and community partners must be in- Cost effectiveness: Health centers provide resources to develop centers—to hire doctors volved to protect health—to realize cost sav- cost-effective high quality care—second to and needed health professionals—and to ings—and to make health care delivery work none. Total health care costs for center pa- build their own points of entry into the na- for more Americans. tients are on average 40 percent lower than tion’s health care delivery system. for other providers serving the same popu- HOW HEALTH CENTERS MAKE A DIFFERENCE Health centers focus on wellness and pre- lations. Centers also achieve significant sav- Cost Effectiveness. Health centers provide vention—the keys to cost savings in health ings by reducing the need for hospital admis- cost-effective, high-quality health care—sec- care. Through innovative programs in out- sions and costly emergency care. ond to none. Total health care costs for cen- reach, education and prevention—centers Improving Access: Health centers bring ter patients are on average 30 percent lower reach out and energize communities and needed health services and facilities to areas than for other providers serving the same their people to meet critical health needs of greatest need—often not served by tradi- populations. Centers also achieve significant and promote greater personal responsibility tional providers. They train, recruit, and re- savings by reducing the need for hospital ad- for good health. tain highly-skilled health professional in missions and costly emergency care. Health centers produce savings—in Medi- acute shortage areas. Improving Access. Health centers bring care and Medicaid—and preventive care. Quality Managed care: Health centers pro- needed health care services and facilities to Their skills and experience are unsurpassed vide comprehensive primary and preventive areas of greatest need—often, not served by as providers of quality, cost-effective health care. Ninety-eight percent of health center traditional providers. They train, recruit, care to vulnerable populations. A track physicians are board certified/eligible. Cen- and retain highly skilled health profes- record of accomplishment demonstrates that ters are linked to hospitals, health depart- sionals in acute shortage areas. prevention and primary care works: It keeps ments, nursing homes, and other providers Quality Managed Care. Health centers pro- people healthy—It saves tax dollars—It as well as social service agencies to ensure vide comprehensive primary and preventive builds stronger communities. that patients have access not only to pri- health care. Ninety-eight percent of health Community Partnership is the dynamic mary care but a continuum of coordinated center physicians are board certified/eligible. that drives the success of America’s Health care, including special treatment and sup- Centers are linked to hospitals, health de- Centers. Health centers are partnerships of port services. partments, nursing homes and other provid- people, governments, businesses, commu- Accountability: Health centers meet high ers as well as social service agencies to en- nities working together to expand access and uniform standards of accountability and per- sure that patients have access not only to to improve health. formance. Health centers demonstrate the primary care, but a continuum of coordi- effective utilization of public and private in- HOW HEALTH CENTERS ARE UNIQUE—IN nated care, including specialized treatment vestment as reflected in positive health out- STRUCTURE AND MISSION and support services. Numerous independent comes; a 40 percent reduction in infant mor- Health centers are public/private partner- studies document that health centers im- tality; improved immunization and prenatal ships. They are nonprofit, private corpora- prove the health of their communities—re- care rates; and increased use of preventive tions, which are locally owned and operated ducing preventable deaths, costly disability, health services. by the people and communities they serve. and communicable disease. OTHER KEY FACTORS Health centers are governed by consumer Accountability. Health centers meet high, boards—composed of 51 percent patients— Health Centers empower Communities. uniform standards of accountability in terms who represent the community served. This is They provide jobs and generate new invest- of cost effectiveness and quality care under a powerful link to the community. It not ment into devastated and poor communities. the Public Health Service Act. Centers are only gives patients and local citizens a voice Health centers employ over 50,000 commu- subject to periodic reviews and federal au- in the workings of their center—but ensures nity residents. They are the nation’s leading dits, and are required to submit comprehen- that care is patient centered and responsive trainer and health career path for minority sive health plans detailing health services in to diverse cultures and needs within the health professionals. Their total operating their geographic area, demonstrating need community. budget of $2.8 billion leverages over $14 bil- and demand, and showing the impact of their Health centers revenues are multi-sourced. lion in economic development in needy intervention. Health centers demonstrate ef- Federal grants on average represent 36 per- urban and rural areas—Which translates into fective use of resources and public and pri- cent of a health centers budget. Reimburse- jobs, facilities and contracts. vate funds. ments from Medicaid and Medicare con- Health Centers are vital safety net provid- Empowerment. Health centers empower stitute 38 percent. There remainder is lever- ers for millions of poor Americans. They are communities to take charge and meet health aged from state and local governments, pri- frontline providers of care helping commu- needs. They engage citizen participation and vate contributions, insurance and patient nities attack costly and compelling health involvement—facilitate the flow of public fees. problems such as AIDS, substance abuse, and private investment into communities— Health centers serve in medically under- teenage pregnancy, and crime. But, they are and generate jobs and new community devel- served communities—America’s inner more than just providers. They are cata- opment. cities—migrant farmworker communities— lysts—empowering communities with the re- Opportunity. Health centers contribute to and isolated rural areas. They are defined sources, jobs/education—and leadership— the well being and strength of communities. areas with few or no physicians—suffering that can improve health and bring new By providing cost-effective prenatal care— high levels of poverty, infant mortality, el- promise to America’s disadvantaged. health centers reduce the high costs associ- derly and poor health. ated with adverse pregnancy outcomes. By Health centers provide care to all people Community, Migrant and Homeless Health keeping children healthy—centers enable who seek their services. Patients are charged Centers and other community-based provid- them to stay in school and train for the fu- on a sliding fee scale to ensure that income ers comprise America’s Health Centers. In a ture as responsible members of the commu- or lack of insurance is not a barrier to care. thirty year history, they have shown the nity. By keeping workers healthy—health All patients pay something toward the cost value and strength of a health system rooted centers reduce absenteeism and help workers of their care. Medicare and Medicaid as well in community partnership—and built on the remain productive and contributing citizens. as private insurance are billed for those with delivery of accessible, quality primary care Investment. Health centers yield a sub- coverage. Federal grants received by centers to Americans in need. Today, this growing stantial return on public and private invest- subsidize the cost of care provided to the un- nationwide network delivers primary and ment. They are more than providers. Health insured—and the cost of services not covered preventive care to more than 9 million medi- centers are community assets that improve by public or private insurance. cally underserved people—spanning urban health—provide jobs—strengthen schools— Health center care is patient centered and and rural communities in all fifty states, the stabilize neighborhoods—and enhance com- community directed. Centers provide addi- District of Columbia, Puerto Rico, Guam and munity pride. tional services of outreach—transportation the Virgin Islands. and translation—education, and case man- COMMUNITY, MIGRANT AND HOMELESS HEALTH WHY HEALTH CENTERS WORK FOR THE NATION agement—to maximize effectiveness in pro- CENTERS—UNITED STATES Health centers fill critical gaps in health ducing long-term, positive health outcomes (Presented by: Thomas J. Van Coverden, care delivery. Health centers serve low-in- for high-risk populations. Health centers president and chief executive officer, Na- come working families, the uninsured as well also deal with costly community health tional Association of Community Health as high-risk populations such as the home- problems such as teenage pregnancy, infant Centers, Inc.) less, the frail elderly, the disabled, migrant mortality, homelessness, substance abuse, farmworkers, and poor women and children AIDS and others. HISTORICAL BACKGROUND AND DEVELOPMENT and others. They are people who confront Today, a cost-conscious nation is looking Community and Migrant Health Center barriers to health care—and whose unmet to the success of the U.S. health center programs were established by the federal October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9721 government in the decade of the sixties. Con- tations, productivity, and hospital linkages Health centers are required to provide a ceived as part of a war on poverty, the pro- as well as consumer board involvement. broad range of primary and preventive grams were a major social experiment join- 1981–1990: a period of retrenchment and health services including physician, physi- ing the resources of the federal government consolidation for health centers fending off cian assistant and nurse clinician services; and local communities to expand quality and reduced funding and conversion of health diagnostic laboratory and radiology services; accessible health care to Americans in need. center grants to state block grants until perinatal services, immunizations, preven- Health centers were the product of two 1986. tive dental care, disease screening and con- powerful forces. Social unrest was erupting 1990–Present: a period of expansion and trol, case management, emergency medical in riots for lack of jobs, opportunities, and public recognition with changes in federal services, and family planning services, and health care in inner cities. Reform-minded reimbursement policy for health centers re- hospital referrals. physicians and nurses were calling for a bet- quiring full cost-reimbursement for services The focus of health centers is prevention ter way to deliver health care by reaching rendered to Medicaid and Medicare patients, and health care access. Centers emphasize out into communities in need and attacking and federal malpractice coverage for centers services that are designed to enhance access the problems underlying poverty. and their clinical staffs. and the effectiveness of medical care This step in U.S. health care was histori- Health centers have evolved through the through outreach, transportation services, cally significant. For the first time, re- years into a dynamic and expanding network heath/nutrition education and case manage- sources were committed by the federal gov- of locally-owned, nonprofit community- ment. Some 98 percent of health centers offer ernment to assist local communities in de- based health providers. Their mission is a health education services; over 90 percent velopment of a community-based primary provide comprehensive primary and preven- offer case management service; more than care infrastructure to serve medically under- tive care to America’s poor and underserved. three-quarters offer preventive dental serv- served populations. Experimentation with a America’s health center network, today, is ices and in-home laboratory services. All comprised of federally-assisted community new model of health care marked recogni- health centers employ outreach and patient and migrant, and homeless health centers as tion of large gaps in America’s health deliv- relations workers from the communities well as other community-based health cen- ery system. It confronted the reality that they serve. Health centers recognize that the ters, which are qualified under the Medicare even with expansion of public health insur- risk factors and pervasive needs of patients and Medicaid laws. ance to cover broad segments of the poor and from low-income underserved communities Nationwide 2200 health center service sites require health services not typically offered elderly, millions of Americans and their fam- deliver primary and preventive health care ilies would still lack access to doctors and by traditional providers. to almost 8.8 million people in urban and Health centers promote community di- basic health services because of poverty, cul- rural underserved communities. More than rected responsive, patient-centered care. tural, and geographic barriers. Moreover, it 7.5 million people obtain care from health Special intervention programs are fre- conceded that a national war on poverty to centers that receive funding from the four quently developed by local health centers to help all Americans to education and job op- principal health center grant programs ad- address significant community health needs portunities and a better standard of living ministered by the U.S. Public Health Serv- such as teenage pregnancy/infant mortality, would never be won without a frontal assault ice: Community Health Centers; Migrant AIDS, substance abuse, hypertension, diabe- on the problems of inadequate health care. Health; Health Care for the Homeless; and tes. Centers also organize the provision of Federal grants to public and nonprofit en- Health Service for Residents of Public Hous- services to ensure that medical care is avail- tities for the development and operation of ing. Another 1.3 million persons receive care able at convenient times, and in locations neighborhood health centers (later called from other federally qualified centers that that take into account the special needs of community health centers) were made avail- do not receive federal grant funds. Health the populations they serve. Many centers able in 1965 under the Office of Economic Op- centers are located in all fifty states includ- offer evening and weekend hours for working portunity (OEO). The first two neighborhood ing the District of Columbia and the Amer- families; provide care at multiple sites; use health centers opened in rural Mississippi ican territories of Guam, Puerto Rico, and mobile clinics to reach rural and homeless and in a public housing project in Boston, the Virgin Islands. patients, and employ multi-lingual staffs or Massachusetts. While services were directed In Fiscal Year 1995, Congress appropriated translators to overcome barriers faced by to the poor and near poor, centers also pro- $757 million for the support of America’s people who speak little or no English. Bilin- vided care to individuals who could pay all health center programs. It is a modest sum gual physicians are available at 63% of or part of the cost of their health care. Dur- in public investment given that health cen- health centers. All health centers have a 24 ing the early years, grants were awarded to ters have been given the challenging task of hour system for after-hours calls and emer- established medical entities such as hos- providing care for some of America’s poorest, gencies. pitals, health departments, and medical sickest, and hard-to-reach populations. The Health Centers are appropriately linked to schools. Later this orientation was to change typical budget of an urban health center is hospitals, health departments, nursing to nonprofit community groups, which rein- $3.7 million; a typical rural health center homes, and other providers and social service forced independent, local control over health budget is $1.6 million. The average health agencies for emergency and specialty refer- centers; community management; and a center operates with a main facility and rals as well as counseling and other assist- focus on tailoring health services to specific three to four satellite delivery sites, which ance as may be needed by patients. The goal community needs. are all located in the center’s service area. is to ensure that patients have access not A similar program of grants for the devel- The collective budget of the nation’s health only to primary care, but a continuum of co- opment of migrant health centers was au- centers, inclusive of grants, Medicare and ordinated care, including specialized treat- thorized by the U.S. Congress with enact- Medicaid reimbursements, and other reve- ment and support services. ment of the Migrant Health Act in 1962. Cen- nues approximate $2 billion annually, which Health centers serve in areas of greatest ters were to provide medical and essential is less than one-fourth of one percent of total need. By law health centers are mandated to support services such as translation, out- U.S. health care expenditures. serve urban and rural communities that have reach, and social service linkages to the na- In structure, health centers are public/pri- been designated as ‘‘medically under- tion’s migrant and seasonal farmworkers and vate partnerships. They nonprofit corpora- served’’—areas suffering acute physician their families. tions, locally owned and operated by the peo- shortages, with high levels of poverty, elder- Steadily and with growing local and con- ple and communities they serve. Their reve- ly, infant mortality, and/or poor health sta- gressional support, both the migrant and nue base is multisourced. Federal grants, on tus. Health centers are equally distributed neighborhood health center programs took average, represent 36 percent of a health cen- between urban and rural areas. Half are lo- root. By the mid-1970’s and phaseout of the ter’s budget. Reimbursements from Medic- cated in isolated rural areas, the other half OEO, about 100 neighborhood health centers aid, the public insurance program which in economically-depressed inner cities. In were in operation, mainly in poverty-strick- pays for the care of many low-income and these locations, they are often the only en inner cities and isolated rural areas. poor, on average, accounts for 33 percent of available and accessible primary care provid- PHASES OF HEALTH CENTER DEVELOPMENT a health center’s budget. Medicare, which in- ers for the patients they serve. sures the nation’s elderly, is approximately 5 America’s health centers are able to reach 1965–1975: a period of demonstration 20 percent of America’s 43 million medically projects, with authority broadly defined, but percent of a health center’s budget. State and local government contributions as well underserved. They are America’s poor and calling for targeted focus on the needs of the vulnerable—persons who even if insured, poor, accessible health care services plus as foundation and private donations average about 11 percent of a health center budget. nonetheless remain isolated from traditional outreach and full integration and coordina- forms of medical care because of where they tion with community resources, and commu- Eight percent of a health center budget is de- rived from private insurance and about 7 per- live, who they are, and frequently, their far nity participation. greater levels of complex health care needs. cent is from patient fees. 1975–1980: a period of growth with enact- Virtually all patients have family incomes ment of permanent legislation laying the SERVICE CHARACTERISTICS below 200 percent of the federal poverty lev- foundation for community health centers The health center mission is to promote els ($28,700 annually for a family of four in with establishment of standards of clinical high quality, comprehensive health care that 1994). practice and administrative efficiencies re- is accessible, culturally and linguistically Nearly one in two is completely uninsured, lated to fee schedules, billings and collec- competent, and community directed for all either publicly or privately, and more than tions, patient care, administrative cost limi- medically underserved populations. one-third depend on Medicaid. H9722 CONGRESSIONAL RECORD — HOUSE October 29, 1997 44 percent of all patients are children rector responsible or clinical programs and a cessful collaborative efforts, for example, are under 18, and 30 percent are women of child- chief financial officer with responsibility for currently helping 337 health centers access bearing age (nearly one in ten is pregnant). fiscal affairs. free prescription drugs for low-income pa- Over 60 percent of health center patients Health centers meet high national stand- tients. Center ties with universities and are members of racial or ethnic minorities, ards of accountability. They are subject to medical schools are fostering the training of compared to 26.3 percent for the nation’s ongoing federal scrutiny of their cost effec- leaders in community-based health care and population as a whole. tiveness and quality of care. Health centers promoting health centers as recognized envi- Health Centers improve access to care. are required to periodically report to the ronments for the training of needed primary Within available resources, health centers government on services, utilization, quality care physicians. must serve all who seek their services. Pa- measures (for perinatal, pediatric, adoles- Health centers are advocates for the pa- tients are charged on a sliding fee scale to cent, adult and geriatric services, low tients and the communities they serve. As a ensure that income or lack of insurance is birthweight, and infant mortality, and hos- nationwide network, they are using their ex- not a barrier to care. All patients pay some- pital admissions and length of stay), finan- perience, expertise and ideas to help commu- thing toward the cost of their care. Medicare cial management and status, billings and nities and governments leaders find solu- and Medicaid as well as private insurance are collections, and patient satisfaction. In addi- tions to health care needs. Through edu- billed for those with coverage. Federal tion, they are required to submit comprehen- cation, communication, and interaction, grants received by health centers subsidize sive health plans for their geographic area they are telling their remarkable story of the cost of care furnished to the uninsured, detailing services, demonstrating need and success in serving medically underserved and additional services not covered by public demand, and showing the impact of their populations—making this nation aware that or private insurance. intervention. programs in primary care, outreach and pre- ORGANIZATION AND ADMINISTRATION Health centers hold an unparalleled 30 year vention work are essential to expanding ac- Health centers recruit, train, and retain track record of providing quality and cost-ef- cess and building stronger and healthier health professionals. They bring physicians fective care. Studies demonstrate that communities. and health professionals and needed services health care costs for health center patients SUMMARY are on average 30 percent lower than for and health facilities to people not served by America’s health centers are tested models other providers serving the same popu- traditional providers. Health center prac- of community based care. They are partner- lations. Health centers also achieve signifi- tices are staffed by a team of board certified ships of people, governments, and commu- cant cost savings by reducing the need for or board eligible physicians, nurses, physi- nities working together to meet health hospital admissions and costly emergency cian’s assistants, nurses practitioners, nurse needs. In three decades of growth and devel- care. The federal grant cost for each patient mid-wives, dentists, social workers and other opment, health centers have become an inte- cared for by health centers is less than $100 health professionals. In rural areas, physi- gral part of America’s health delivery sys- annually; and the total cost of health center cians are typically family practitioners, tem serving as a safety net for the nation’s services amounts to less than $300 when com- while larger urban centers are usually poor and medically underserved. staffed with multi-disciplinary teams of in- pared to other providers serving similar pop- America’s health centers have yielded a ternists, pediatricians and obstetricians. ulations. substantial return on public and private in- Independent studies further document the Health centers employ 5000 physicians. Al- vestment. They have proven that the special success of health centers in achieving posi- most 98 percent are board certified or eligi- needs of high-risk and vulnerable popu- tive health outcomes. Communities served ble and all are required to have hospital ad- lations can be met with quality, dignity, and by health centers have cut infant mortality mitting privileges. The number of other cost-effective health care. In their commit- rates 10–40 percent as compared to those that health professions serving the nation’s ted work, they have produced compelling are not served by health centers. In addition, health centers is approximately 6200. evidence showing the dollar value of their centers have increased the proportion of Health center physicians and staff are sala- programs, the cost savings to communities, children who are immunized and have in- ried employees. Salaries are negotiated and and the positive case-by-case outcomes of creased the use of preventive health services paid out of budget by the individual health primary care intervention. center entity. In some cases, staff services such as Pap smears and physical exams. Pa- Yet, health centers confront serious chal- may be contracted. The National Health tients also have expressed overwhelming sat- lenge as the health care industry rapidly Service Corps (NHSC) also provides a source isfaction with the care they receive in health consolidates to contain costs and the federal of doctors and other health care profes- centers. government moves to reduce public spending sionals who serve in health centers in partial COMMUNITY PARTNERSHIP and shift greater responsibility for health obligation to repay government student Health Centers Empower the Community. care and other social programs to the states loans and/or educational scholarships. Ap- The empowerment and involvement of local and private sector. The reality is that health proximately 1900 NHSC primary care provid- citizens in planning and governance has been centers are being thrust into a price-driven, ers serve in underserved/shortage areas. the basic characteristic that has made it competitive health care market. In a new Health center employment for Community possible for health centers to make a dif- managed care environment, centers are and Migrant Health Centers alone is more ference in medically underserved commu- being forced to compete not only for scarce than 35,700 with a total health center payroll nities in terms of the community ownership resources, but for paying/insured patients of $1.4 billion. they foster and the tangible benefits they and market base, which are vital to their fi- Health centers are governed by volunteer yield. The community is directly involved in nancial viability and their continued ability consumer boards, composed of leaders and every aspect of center operations—from set- to serve the poor and uninsured. residents of the communities they serve. A ting policy to staffing vital services, from While America’s health centers are deter- unique and distinguishing feature of health providing information on community needs mined to survive, the problem is that they center boards is that a majority of board to determining whether the center is prop- face large and well-financed providers such members (51 percent) must be patients of the erly responding to those needs. as HMOs and other conglomerates, who are center and who, as a group, represent the Health center governing boards, composed now tapping the Medicaid market and com- community of patients served. The remain- of community leaders and patients/residents, peting for lucrative and exclusive managed ing members of the board must be individ- engage citizen participation and responsive- care contracts with States. In some cases, uals who are actively engaged in the commu- ness to local health needs. In turn, health centers are being forced to contract with nity with local government, finance and centers are an integral part of their commu- purchasers and providers for health care banking, legal affairs, business and/or cul- nities—providing meaningful jobs for local whose bottom line is cost and who have little tural and social endeavors. At present, there residents, a means to attract investment and or no interest in paying for a broad range of are a total of 12,500 health center community other business and forms of community/eco- social and other support services that have board members. nomic development, a base for community traditionally characterized the health center Health center boards foster community advocacy and action, and a source for devel- mission, and which have been the hallmark ownership and local participation. Health oping community leaders and giving them of their success in achieving quality and con- center boards meet on a regular basis and recognition and stature in the community. taining health care costs. are responsible for the approval of the health Health center board members and staff are The looming question is whether, in the center budget; financial management prac- vital to building community ties and part- process of integrating into a managed care tices; the establishment of center policies nerships. They are actively involved with market, health centers will be able to retain and priorities; personnel policies, including schools, hospitals, state and local health de- their unique identity as health care provid- the hiring and firing of the executive direc- partments, community groups, businesses, ers. Will health centers be able to access the tor; evaluation of center activities, including churches and others in developing health/ capital and sources of investment needed for program services and patient satisfaction; education programs, identifying community growth and development; improved organiza- and health center compliance with applica- health needs, and creating integrated health tional frameworks to leverage strength and ble federal, state, and local laws and regula- networks to enhance service capacity. They capacity as providers; management and fi- tions. Health centers are managed by a team reach out to the greater community nancial skills and advanced technologies to led by an executive director or chief execu- leveraging support, additional resources, and sustain a competitive position? Will health tive officer, including a clinical/medical di- investment in health center programs. Suc- centers have access to adequate resources to October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9723 compete for doctors and other health profes- Mergers/Privatization decrease capacity: tient-majority governance system lies in the sional staff? Will the federal government reduced outpatient provider capacity. fact that, as a result of it, the community is continue to support the health center mis- HEALTH CENTERS given a true sense of ‘‘ownership’’ over the sion to the extent that appropriate funding health centers; and this feeling of ownership Private, not-for-profit organizations: true and safeguards are provided to ensure a level makes the centers a course of community safety net providers, obligated to serve all playing field of competition? empowerment, in which the centers serve as patients without regard to ability to pay; Today, health centers are aggressively the basis and focal point for a whole host of community-based governing boards, and moving to be part of the evolving health care activities that serve the community and its system. In states and communities across community supported; located in under- people. When the community is empowered the country, health centers are taking steps served areas; provide comprehensive care in this fashion, they will actively involve to form networks and full managed care services and enabling services; improve themselves in being a part of its work (a part plans with other local providers, to negotiate health outcomes and decrease Medicaid of the solution, not the problem). They will subcontracts with other managed care plans, costs; 685 center grantees; services provided care for and nurture ‘‘their’’ system of care, and to develop the financial, legal, and busi- at 3,032 sites (incl. NHSC); over 10 million and they will fight like hell to keep it going. ness acumen necessary to effectively func- uninsured and vulnerable patients served; 33 This experience plays itself out in any num- tion in the new environment. million encounters in 1996; and 5,500 primary ber of ways, such as: Health centers hold many strengths. They care providers. Creating a forum for bringing real and im- are low-cost providers in high-risk markets. HEALTH CENTER PATIENT CHARACTERISTICS mediate problems to the table for action. Their skills and experience are unsurpassed 42% children; 32% women of child-bearing This clearly happens as a natural part of the as providers of patient-centered care to vul- age; 65% minority; 41% uninsured; and 85% regular policy board meetings; but most nerable populations. They are locally owned poor and near poor. health centers also reach out to the whole businesses and community driven in their community as part of their needs assessment CHCS AS ‘‘ECONOMIC ENGINES’’—THE ECONOMIC approach to meeting health care needs. process. For Asian Health Services, in Oak- Health center programs in primary care offer BENEFIT OF CHCS land, CA, this has meant community meet- accountability, quality, efficiency and cost CHCs as ‘‘employers’’: CHCs are often one ings conducted in 6 different languages to in- savings. In addition, they hold tremendous of the largest employers within their imme- volve each of the population subgroups they assets in a nationwide solid infrastructure diate service area. serve: Korean, Japanese, Chinese, Laotian, ready for fast-track development to meet CHCs as ‘‘purchasers’’: CHCs are often one Cambodian, and Pacific Islander. Their ef- growing health needs. of the largest purchasers of goods and serv- forts have been rewarded with high commu- America’s health centers stand prepared to ices within their service area. nity turnout and solid input from the resi- build on their heritage and compete and en- CHCs represent a significant and vital dents. dure in the future. source of economic inertia for local commu- Getting feedback on the acceptability and REFERENCES nities which is consistent with the objectives appropriateness of services and the centers’ Access to Community Health Care—A State & of emerging economic development initia- program plans. Here again the policy boards National Databook. National Association of tives. provide a vehicle for evaluating the center’s Community Health Centers, Inc., Washing- RESPONSE OF HEALTH CENTERS TO MANAGED responsiveness to the community’s needs. ton, DC, 1995. CARE Consumer board members bring the commu- America’s Essential Providers: The Founda- Individual contracts with managed care or- nity’s needs and concerns and complaints tion of Our Nation’s Health System. Gage, ganizations; Formation of health center- about the health center to the board for con- Larry S., National Association of Public owned health plans and MCOs; and Develop- sideration. This is perhaps the most impor- Hospitals; Willson, Peters D., National Asso- ment of integrated service networks to con- tant role they can play. ciation of Children’s Hospitals and Related tract with managed care organizations. Providing a training ground for commu- Institutions; Finerfrock, Bill and Thometz, nity leaders and spokespersons—including MARKET SHARE—HEALTH CENTER-OWNED Alice, National Association of Rural Health board members and center employees—and Clinics. Jointly published, 1995. MANAGED CARE PLANS IN 12 STATES giving them credibility, recognition, and America’s Health Centers. National Associa- Number of States: first in market share: stature in advancing or advocating commu- tion of Community Health Centers, Inc., Connecticut; New York; California; Massa- nity needs or concerns. Washington, DC, 1995. chusetts; Colorado; and Washington Providing a means and forum for involving America’s Health Centers: Value in Health Second in market share: Rhode Island. community residents, and the community it- Care. National Association of Community Third in market share: Maryland and Or- self, in the political process and system—at Health Centers, Inc., Washington, DC, 1995. egon. the local, state, and national levels. The Basic Information—Community & Migrant Fourth in market share: Ohio; Hawaii; and critical value of this point is that several in- Health Centers. National Association of Com- Missouri. dividuals in the health center movement munity Health Centers, Inc., Washington, SOLUTIONS NOT BUSINESS AS USUAL have—for perhaps the first time in their DC, 1992. Increased partnerships; integrated net- lives—involved themselves actively in our Community and Migrant Health Centers: A American political system. This has helped Key Component of the U.S. Health Care Sys- works/delivery systems; innovative models of care; and document impact. the movement itself, which has survived and tem—Overview and Status Report. National As- benefitted from their advocacy. Through sociation of Community Health Centers, HEALTH CENTERS NACHC and the State Primary Care Associa- Inc., Washington, DC, 1991. Agents of care. tions, community residents have found an Community Health Centers: Engines for Eco- Agents of change: Integrated delivery sys- invaluable mechanism for taking on critical nomic Growth. National Association of Com- tem; making system responsive to local health policy issues, and winning for their munity Health Centers Inc., Washington, DC, needs; and giving communities control. communities. As a direct result of their ex- 1994. HEALTH CENTERS AS SOLUTIONS perience, many health center representatives Improving Access to Care for Hard-to-Reach Serve everyone regardless of ability to pay; have become quite involved in local, state, Populations. National Association of Commu- and national politics—for example, former nity Health Centers Inc., Washington, DC, guaranteed access through enabling services; empower communities; improve health out- board member Danny Davis is now a Member 1992. of Congress; community representative Lives In The Balance: The Health Status of comes and lower Medicaid costs; and eco- Lenny Walker is now a Rhode Island state America’s Medically Underserved Populations. nomic engines and create jobs. representative; and former center Director National Association of Community Health THE ‘‘COMMUNITY’’ IN HEALTH CARE CENTERS Harvey Sloane has served as Mayor of Louis- Centers Inc., Washington, DC, March 1993. The most frequently mentioned aspect of ville and almost became Kentucky’s junior consumer involvement in the health center U.S. Senator. BUREAU OF PRIMARY HEALTH CARE: 43 MIL- programs is the fact that a majority of each Serving as a conduit of important informa- LION PEOPLE LACK ACCESS TO PRIMARY center’s policy, or governing board must con- tion to and from the community. Whether HEALTH CARE sist of persons who are patients of the center this involves information on how to avoid UNMET NEED and who, as a group, represent the commu- common childhood injuries or potentially se- Forty-three million persons without access nity of patients served there. We use many rious agricultural accidents, warnings about to a primary care provider; 41 million per- terms to describe this characteristic of the unsafe water supply sources or the emerging sons are uninsured; minority health status health centers: consumer-controlled, incidence of an infectious disease, or wheth- disparities. consumer-directed, community-responsive, er the community provides information that PRESSURES FACING THE SAFETY NET and so on. Their majority status on the the center needs to better serve its needs, Reduced Medicaid revenue from managed health center policy boards gives patients the centers can serve as a vital communica- care: reimbursement rates down; reduction control in determining how the centers oper- tions link for the entire community. For ex- in Medicaid eligibles. ate: what services are provided, the locations ample, a Brownsville, TX health center Increase in the number of uninsured and hours of operation, the sliding scale fee brought considerable national attention to a served; e.g. health center uninsured up 46% discount system, the annual budget and pro- growing local controversy, reported in the from 1990–96 (national up 16%) gram plans. But the real value of this pa- New York Times and on ABC’s Prime Time H9724 CONGRESSIONAL RECORD — HOUSE October 29, 1997 Live, involving the center’s report of an ab- tion and opportunities for pursuing health cially women with their particular health care normally high number of births to babies professions careers, a base for community concerns, can look forward to up-to-date year- with severe anencephaly and a possible con- advocacy and action, and a source for devel- ly medical exams. We know that the key to nection to certain airborne toxins being oping community leaders and giving them emitted from nearby chemical plants. Here, recognition and stature in the community. health care is taking preventative measures. obviously, the center is serving both as an The greater the degree of community in- With community health centers, we can do this information source and as an advocate for its volvement in the health center, the greater by low-income seeing patients early and regu- community. the center’s role and strength as a vital part larly. Generating action in response to commu- of the community itself. Finally, health centers save money. In total, nity needs, even in case where those needs Today, we are in the midst of sweeping they provide cost-effective, high-quality health might not appear to be health-related. changes in the way health care is both fi- care. The total costs for patients are on aver- Whether it is the affordable, low income nanced and delivered, all across the country. housing developed by health centers in Bos- As the numbers of uninsured have reached age 30 percent lower than for other providers ton and Wood River, RI, or the community levels not seen since before the creation of serving the same populations. water supply and sewer systems spawned by Medicare and Medicaid, and as health care Mr. Speaker, I urge my colleagues to sup- centers in Beaufort County, SC, and the costs continue to skyrocket, health care has port community health centers. In my district lower Rio Grande Valley of Texas, health reached the ‘‘hot button’’ level as a public these centers have played a vital role, as I am centers all over the country have played key policy issue. The growth in HMOs, PPOs, in- sure they have done in other districts, and we roles in organizing their communities to ad- stitutional networks, financing bureauc- should support them as they continue to sup- dress pressing local needs. racies, consolidated services, hospital clos- port our communities. Providing jobs and meaningful employ- ings and transitions, self-funded insurance ment for community residents. In particular, plans—all these thing point to major, fun- f when respected community people are em- damental shifts in our health care system. IN SUPPORT OF OXI DAY ployed and trained by the health center as By the end of the decade, there will be no outreach or community health workers, or more Marcus Welbys, even in group practice The SPEAKER pro tempore (Mr. as patient advocates, or in any of the dozens form. Every provider—physician, dentist, BLUNT). Under the Speaker’s an- of clinical and administrative positions, it midlevel—will work for ‘‘the man’’. For us, nounced policy of January 7, 1997, the can be the start of a long and rewarding the big question is who will ‘‘the man’’ be? gentleman from New Jersey [Mr. health career. Many health center directors Will it be the government, an HMO, an insti- PAPPAS] is recognized for 60 minutes as today are community residents who have tutional network—or the community. the designee of the majority leader. worked their way up the ladder at the health The health center model is our last, best center over the past 15 or 20 years. Employ- hope for community-directed, community- GENERAL LEAVE ees with the longest tenure at health cen- responsive health care. Health centers may Mr. PAPPAS. Mr. Speaker, I ask ters—often dating back to the center’s well be the closest things to Marcus Welby in unanimous consent that all Members founding—are local community residents. the 21st century—the last real opportunity may have 5 legislative days within One such person recently stated, ‘‘It’s been a for the community to have a voice in how its which to revise and extend their re- wonderful experience, working at a great health care system functions and meets their marks and to include extraneous mate- place like a health center, serving the com- needs. We in the health center movement— rial on the subject of my special order. munity and helping my neighbors and yes, we still see it as a movement—have our friends—and being paid a decent salary to plan, our Access 2000 plan, to bring top qual- The SPEAKER pro tempore. Is there boot!’’ ity health care to all 43 million medically objection to the request of the gen- Serving as a source of information and in- underserved Americans by the turn of the tleman from New Jersey? spiration—complete with role models—for century. It’s a hefty order, to be sure, but we There was no objection. the community’s youth, encouraging them are committed to that vision, that struggle; Mr. PAPPAS. Mr. Speaker, today we to pursue a health professions career, and and yet, we cannot succeed without an celebrate Oxi Day which symbolizes showing them how (and where) they could equally committed band of health profes- the absolute refusal of the Greek peo- put that professional training to good use by sionals—and we need to find and train them ple to succumb to Mussolini’s Fascist coming back to serve their old neighborhood in record numbers, if we are to have any Italy during World War II. or town. Dr. Jack Geiger, one of the founding chance at success. As our health center In August 1940, Mussolini accused fathers of the health center movement, re- movement expands and grows, we will con- cently spoke of what he saw as the real suc- tinue to need the best and brightest clini- Greece of supporting Britain and de- cesses of one of the country’s first centers, in cians, to provide care and leadership. manded that she renounce the agree- Mound Bayou, MS. In doing so, he noted that Mr. TOWNS. Mr. Speaker, I rise to day to ment of neutrality with the Allies. In the center had either trained or assisted in urge my colleagues to support Community, Mi- that same month, the Greek Naval helping to train the county’s first black grant and Homeless Health Centers and other Cruiser Elli visited the island of Tinos sanitarian, several of the physicians now community-based providers that comprise suc- during its highest religious holiday, working at the health center, and literally paying a visit to the famous holy dozens of other professionals working there cessful models for health care delivery across and at other centers across the country. this Nation. shrine there. In a sneak attack, the Serving as an ‘‘anchor’’ in their commu- Community health centers benefit the resi- Italians torpedoed and sank the ship in nities, helping by their presence to attract dents and the areas where they are located in the harbor. Mussolini also massed more or retain other local businesses—including many ways. First, with the partnerships be- than 150,000 troops on the Albanian other physicians, diagnostic services, phar- tween business, government and the people, border, and the Greek government was macies or other health providers—or to bring community residents have a greater sense of only able to place about half that num- in other forms of community or economic ber of its own ready to oppose them. In development. In a very real sense, many control over the quality of health care and the health centers have played pivotal roles in means of gaining health care. This is particu- that tense condition on October 28, sustaining a sense of ‘‘community’’ in neigh- larly shown in the health centers that are gov- 1940, at the undignified hour of 3 a.m., borhoods or towns that otherwise might well erned by consumer boards. These boards, the Italian Ambassador delivered an ul- have completely disintegrated, giving its where more than half of the board members timatum from Mussolini to the Greek residents a feeling of pride and a ‘‘can-do’’ are patients, represent the community served government set to expire at 6 a.m. that attitude, which in turn has led to significant and give local residents a voice regarding the very same day. The Greek Prime Min- neighborhood or community revitalization. programs and center's services. With commu- ister’s response was oxi, which means Thus, the critical, distinguishing factor that separates the health center model of nity representation on these boards, respon- ‘‘no’’ in Greek. The Italian army was community empowerment from other, less siveness is no longer a concernÐwho best well supplied, fully equipped and sup- successful models, is that the community knows what services communities need than ported by state-of-the-art air and naval has been directly involved in virtually every the people who reside in the community? power. They, the Italians, were ex- aspect of the center’s operations—from set- Second, health centers service communities pected to overrun the Greeks within a ting policy to staffing vital services, from which are traditionally and chronically under- short time. Yet before its expiration providing information on community needs served. Often, the inner cities, migrant farm- and without waiting for an official to determining whether the center is prop- worker communities, and isolated rural areas reply, Italian troops invaded Greece erly responding to those needs, and, in turn, the health centers have become an integral benefit greatly from these health care serv- across the Albanian border. part of their communities—providing mean- ices. These often forgotten populations also Mussolini had expected an easy vic- ingful jobs for local residents, a means to at- now have access to quality managed care; tory. His troops had penetrated less tract other businesses and other forms of health centers provide comprehensive primary than 20 miles into Greek territory community/economic development, informa- and preventive health care. All patients, espe- against light resistance when the October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9725 Greeks counterattacked. In spite of the and fight by defending the ideals of de- country was invaded by Mussolini’s cold and snow in that mountainous re- mocracy, freedom and dignity. forces, that exactly 57 years ago today gion, by the end of 1940 and early 1941, The Greek Army fought an enemy on the morning of October 28, 1940, the the Greeks had fought their way into which was superior in numbers, arms Italian Minister in Athens presented an Albania and by March, about one-third and technology. The Greek Army was ultimatum to Greek Minister Metaxas of Albania was in Greek hands. Hitler superior though in spirit, enthusiasm demanding unconditional surrender. did not wait for the outcome. In mid- and determination. With the full sup- The Prime Minister response to this December 1940, he issued a directive port of the Greek people, the Greek unacceptable demand was as simple as launching Operation Mantra to mass Army performed one of the most unex- it was eloquent, ‘‘Oxi,’’, or Greek for German divisions in pro-Axis Romania pected miracles of modern military ‘‘No.’’ The Prime Minister and the and then move across the territory of history by beating one of the best- King both went on the radio that morn- another partner and into Greece if nec- equipped and trained armies of that ing to rally the Nation, and a general essary. time, Italy. mobilization was declared. The Greek army now had to face the The heroism of the Greek people, up Mussolini’s forces invaded Greece on powerful German war machine which against unbelievable odds, was the first that fateful day, but there was a very was relentless. By the end of April 1941, glimmer of hope for freedom-loving spirited resistance from the Greek peo- Greece fell, and the Greek government people for the Allies. Americans of ple, and then the Greek Army actually fled to the island of Crete. Greek descent, in fact, all Americans, launched a counteroffensive, driving Crete became the next target for the can take pride in the sacrifice made by the invaders back into Albania. Of Germans. While this large Greek island Greek people 57 years and one day ago. course, Hitler’s forces eventually came was difficult to assault, its strategic While they were defending their coun- into the war and subdued Greece, but position in the Mediterranean made try, in reality they helped save Europe not without significant resistance. In this action necessary. The two poorly and the rest of the free world. May of 1941, when the Nazis launched equipped Greek divisions were rein- What I have said is fact, not fable. I an airborne invasion on the Island of forced by British troops. Germany at- believe it is important to speak about Crete on a scale unprecedented in his- tacked with an awesome force of 600 this because Greece’s actions show the tory, the Germans again had to fight a aircraft and 20,000 crack parachutists world that Greece is an ally that can very significant resistance, probably and glider borne troops. By the end of be counted on through thick and thin, one of the greatest resistances in the May, the Germans were victorious but is an ally that fights for principle, no whole history of World War II. I just wanted to say, if I could, to my had lost 7,000 of their men in their matter what the odds. colleague and to those who are listen- fierce fighting against a loss of about Finally, Mr. Speaker, I find it ironic that we are discussing the importance ing this evening, that the heroism with 3,000 British and Greek soldiers. Sev- which the Greek people fought essen- eral thousand Cretan civilians were of Oxi Day to the free world when we have two brutal leaders who reject de- tially delayed Hitler’s planned invasion killed in the fighting and reprisals by of Russia by about three months, and the Germans on a determined and cou- mocracy visiting our country. The Pre- mier of China will get a 21-gun salute essentially made it possible ultimately rageous population defending their for the Allies to win the war, and made and be welcomed with open arms by homeland was what could follow. it more difficult for Germany to ex- some, despite the well-documented But the real loss to Germany was pand the areas that it sought to con- human rights violations, religious per- time. The Greek invasion had used up quer. nearly 2 precious months during which secution, and economic sabotage of the The Greek resistance movement also time Hitler’s Operation Barbarossa, the Chinese Government. Moreover, the continued for four years during the attack on Russia, was delayed. The leader of the invaded area of Northern war, and they suffered horrendously for troops ran into the dreadful Russian Cyprus will be in Washington in a des- their resistance. The Germans executed winter at the end of the year before perate attempt to try to find legit- thousands of civilians and randomly they could win their hard-fought cam- imacy to an illegal government created decimated entire towns, villages and paign, resulting in appalling losses and by illegal occupation. communities. I know that in my dis- contributing to the ultimate defeat of I hope the lessons of Oxi Day and trict, in Asbury Park, a few years ago Germany. fighting for what is right and standing I went to a commemoration, I do not Greece suffered a great famine in 1941 up to aggressive dictators will not be remember the details, but a commemo- and 1942, under harsh conditions lost by the world community as these ration of one of the smaller towns in brought about by the combined Ger- dictators visit our Nation’s Capital. Greece that was just totally annihi- man, Italian and Bulgarian occupation. Mr. Speaker, I see that I am joined lated, every man, woman and child was It is estimated that more than 300,000 by my colleague, the gentleman from killed. Greeks died of famine. Resistance by New Jersey [Mr. PALLONE], and would I think we have to resolve that to en- Greek partisans also cost thousands of like to yield to him. sure that the Greeks who fought this civilian lives in hostile actions and re- Mr. PALLONE. Mr. Speaker, I thank resistance movement did not suffer in prisals. the gentleman for yielding. I just want vain. It is important for us to bring it to thank my colleague from New Jer- b 2230 to the attention of our colleagues and sey [Mr. PAPPAS] for organizing this to the American people that we never The attack by Mussolini’s Italy special order tonight. I was not here forget the role the people of Greece against Greece on October 28, 1940, was when the gentleman began, so I do not played in defeating fascism, and that is the result of the imperialist and expan- want to repeat what he has already why I am very proud this evening to be sionist tendencies of Mussolini’s fascist said. But I did want to say that I am joining with my colleague from New regime. The motives were strategic as proud to join with the gentleman in Jersey in this special order. well as political. Mussolini’s ambition paying tribute to this great moment in Mr. Speaker, I am proud to join with the was by invading the strategically-lo- the history of the 20th century, which gentleman from New Jersey [Mr. PAPPAS] and cated Greece and the Aegean Islands, receives far too little recognition in my other colleagues this evening in paying especially Crete, to balance the Ger- many of our history texts about World tribute to a great moment in the history of the man initiative. Until that move, the War II. 20th century which receives far too little rec- Italian initiative was almost nonexist- Throughout history, the Greek peo- ognition in many of our history texts about ent. Mussolini needed a victory des- ple have been champions of freedom World War II. Throughout history, the Greek perately in order to share power with and self-determination, and their he- people have been champions of freedom and Hitler, who seemed to be the sole and roic actions against the forces of Hitler self-determination. Their heroic actions against uncontested leader of the Axis alliance. and Mussolini were instrumental in de- the forces of Hitler and Mussolini were instru- Although Greece could have re- feating fascism in the 20th Century. I mental in defeating fascism in the 20th cen- mained neutral or simply opened the am sure the gentleman mentioned tury. borders and allowed the Axis forces to about how when Greece entered the On October 28, 1940, Greece entered the march in, instead she chose to stand up war on the side of the Allies when the war on the side of the Allies when the country H9726 CONGRESSIONAL RECORD — HOUSE October 29, 1997 was invaded by Mussolini's forces, as part of Mr. PAPPAS. I thank the gentleman Prime Minister Metaxas' (Me-ta-ksas) ac- an attempt by the Axis powers to seal off the from New Jersey and appreciate his tions marked the beginning of one of the Balkans from the south in support of Hitler's support for these important issues. world's most heroic efforts against tyranny and invasion of Russia. Exactly 57 years ago Mr. Speaker, we in our country are oppression. After its ultimatum was rejected, it today, on the morning of October 28, 1940, very fortunate to live in a country that took Italy less than 3 hours to invade Greece. the Italian Minister in Athens presented an ulti- is free, and special orders such as this It is important to note that the population of matum to Greek Prime Minister Metaxas de- are certainly significant to what our Greece at the time was only 7 million. On the manding unconditional surrender. The prime country was founded upon. I also view other hand, Italy's population was 43 million. minister's response to this unacceptable de- this as an educational process for those In addition, the Italian Army had the advan- mand was as simple as it was eloquent: ``Oxi,'' that may be viewing this around the tage in military strength and technology Greek for ``No.'' The Prime Minister and the country, even around the world, that However, despite their lack of equip- King both went on the radio that morning to can learn a little bit about the signifi- ment, the Greek army proved to be rally the nation, and a general mobilization cance of October 28, 1940. well-trained and resourceful. Within a was declared. Mr. Speaker, 54 years before Oxi Day, week of the invasion, it was clear that Mussolini's forces invaded Greece on that October 28th in 1886, the Statue of Lib- Italian forces had suffered a serious fateful day. Despite their technological superi- erty was dedicated. I would just like to set-back, despite having control of the ority, the Fascist invaders faced spirited resist- quote a saying, a phrase or a series of air and fielding superior armored vehi- ance from the Greeks. On November 14, the words that are associated with the cles. On November 14, the Greek army Greek Army launched a counter-offensive, Statue of Liberty which I think are ap- launched a counter-offensive and driving the invaders back into Albania. In Feb- propriate to reiterate here as we com- quickly drove the Italian forces back ruary 1941, the Italian Army launched further memorate Oxi Day. ‘‘Give me your into Albania. By December 9, the attacks, but tough resistance and a harsh win- tired, your poor, your huddled masses, Greeks had captured the town of ter nullified many of these efforts; a second yearning to breathe free; the wretched Pogradec (Po-gra-des) in eastern Alba- Italian offensive in March of '41 similarly met refuse of your teaming shore; send nia. However, a lack of supplies and with strong Greek opposition. Finally, the Nazi these, the homeless, tempest-tossed to difficult terrain stalled the Greek German war machine was mobilized in an ef- me. I lift up my lamp beside the golden march through Albania. fort to rout the Greek opposition, both on the door.’’ By February 1941, the Italians had mainland area of Greece and on the island of Mr. Speaker, we as citizens of this launched strong counter-attacks. How- CreteÐin an effort to fulfill Hitler's ominous wonderful country owe a great deal, I ever, the determination of the Greek promise to ``make a clean sweep in the Bal- believe, to the Greek people. Certainly army, coupled with the severity of the kans.'' freedom and democracy around the winter weather, blocked Italy’s ad- It took Hitler's forces some five weeks, until world owe so much to the Greek people vances. the end of April, to subdue Greece. In May of who said ‘‘Oxi,’’ who said ‘‘No,’’ on Oc- In an effort to bring the war to a 1941 the Nazis launched an airborne invasion tober 28, 1940. close before Hitler would intervene, the of Crete on a scale unprecedented in history. Mr. BILIRAKIS. Mr. Speaker, it is an honor Italians launched another assault on With lightning speed, the Germans dropped to join my friend and colleague from New Jer- March 12, 1941. After 6 days of fighting, some 20,000 troops on the island by air; in sey, Congressman MIKE PAPPAS, to com- the Italians had made only insignifi- addition, the Germans and Italians launched a memorate ``oxi'' day. The historical signifi- cant gains, and it became clear that land invasion, sending troops by sea from the cance of this day and what it meant to the out- German intervention was necessary. occupied Greek mainland. The ensuing battle come of World War II cannot be overstated. On April 6, 1941, Hitler ordered the put up by the people of Crete and other Allied By October 1940, World War II had begun, German invasion of Greece. It took the forces against the superior Nazi war machine and the Nazi war machine was already in high Germans 5 weeks to finally end the was one of the most significant of World War gear. Along with Hitler's ally Mussolini, the conflict. II. And though the Germans won the battle German and Italian forces were threatening This delay proved to be critical to and took the island, they did so at the highest the whole of Europe. European nations were the outcome of the war. Italy’s inabil- possible costÐthey would eventually lose the bowing to tyranny and destruction as the Ger- ity to capture Greece enabled the Brit- war. Karl Student, the Nazi General in charge mans and the Italians marched through Eu- ish to win major victories against of the invasion, called the battle ``the fiercest rope. Mussolini’s forces in North Africa. This struggle any German formation had ever had Great Britain endured Germany's aerial solidified British positions in the re- to face . . .'' The German High Command bombardment, forcing Hitler to seek another gion as well as Cyprus. In addition, it would never again attempt an operation of that avenue to subdue the British. Hitler intended contributed to the failure of the Ger- size. to eliminate British operations in the Mediterra- man campaign to conquer Russia. The heroism with which the Greek people nean in order to weaken their ability to deter Perhaps most importantly, the Ger- mans never gained the advantage fought delayed Hitler's planned invasion of German advances. against the British. Although Germany Russia by three months. There were heavy To achieve this, Hitler needed the axis pow- had conquered much of Europe, its in- losses on both sides. Strengthened by the ers to strike at British forces from Greece. By ability to decimate British and Russian knowledge that they were defending a con- conquering Greece, Hitler would gain access forces early in the war would eventu- ceptÐdemocracyÐthat had originated from to an important connecting link with Italian ally prove to be fatal. their homeland, Greek civilians, including bases in the Dodecanese (Do-de-ca-nese) Is- Mr. Speaker, ‘‘OXI’’ day is a day that women, children and the elderly, joined the lands. This would give the Italians a strangle marks defiance against tyranny. As an battle against the Fascists, suffering terrible hold on British positions in Egypt, where Brit- American of Greek descent and as a losses, but also inflicting serious damage on ish forces were already facing attack from the lover of freedom, I am proud to honor their enemies. The Greek resistance move- Italian Army in North Africa. The British con- the memory of those brave patriots ment for the remaining four years of the war sidered the defense of Egypt vital to allied po- who fought for freedom on this impor- zealously fought the occupying Nazi force. sitions in the oil rich Middle East. tant day. They suffered horrendously for their resist- On October 28, 1940, the Italian minister in Mr. MANTON. Mr. Speaker, I rise today to ance; the Germans executed thousands of ci- Athens presented an ultimatum to Greek commemorate one of the most pivotal events vilians and randomly decimated entire towns, Prime Minister Metaxas (Me-ta-ksas), de- during world War II, Oxi Day. In addition, I villages and communities. Let us resolve, Mr. manding the unconditional surrender of thank my colleague, Congressman MICHAEL Speaker, to ensure that they did not suffer in Greece. Prime Minister Metaxas (Me-ta-ksas) PAPPAS, for arranging this Special Order to re- vein. responded with the now historic word ``oxi,'' member this important day. We here in Congress should do our best to which means no in Greek. His statement em- On October 28, 1940, the Prime Minister of ensure our citizens never forget the role the bodied the true spirit of the Greek people. His Greece refused to agree with the ultimatum people of Greece played in defeating fascism. words of defiance echoed the same devotion presented to him by the Italian Minister in Ath- Indeed, we honor ourselves by honoring not and love of country that Greek patriots exhib- ens for the surrender of Greece by stating only a Prime Minister, but an entire people ited during their war of independence against ``OXI'', meaning ``NO'' in Greek. Thereby, re- who dared to say ``Oxi,'' ``No,'' in the face of the Ottoman Empire when they shouted the sisting and hindering Hitler's plan to invade a seemingly overwhelming enemy. defiant words ``Liberty or Death.'' Russia. October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9727 By rejecting this ultimatum, Greece proved A VICTORY FOR FAIRNESS AND ing small businesses of valued employ- its courage, strength, an dedication to preserv- JUSTICE ees. We would have lost services of for- ing democracy. Winston Churchill said it best: The SPEAKER pro tempore. Under a eign-born doctors, providing much ``Don't say that Greeks fight like heroes, say previous order of the House, the gen- needed care to medically underserved that heroes fight like Greeks.'' The soldiers tleman from New Jersey [Mr. PALLONE] areas, and forced many churches and and statesmen of this great land not only is recognized for 5 minutes. other houses of worship to lose valued helped Greece and Europe free themselves Mr. PALLONE. Mr. Speaker, today participants, many of whom give their from the shackles of the swastika, but their ac- the House rejected by a convincing services voluntarily, and we would also tions ensured that the future of democracy margin a motion to instruct the con- have imposed a 30 percent increase in and freedom would continue to be strong and ferees on the Commerce, Justice, State the caseload that our embassies and grow throughout the world. appropriations bill, which would have consulates around the word must deal Greece is one of only three nations in the resulted in thousands of legal immi- with. world that has allied with the United States in grants being forced to leave the coun- So I have to say, we have heard every major international conflict this century. try. I was proud to join with the major- strong signals of support for permanent The actions that the Greeks took against the ity of Members of the House in oppos- 245(i) from businesses, from churches, Axis powers, and communist rebels during ing this proposal. I rise to express my from professional organizations, labor and after World War II, cost many lives. How- appreciation for the vote today in this unions and community groups. Our ever, Greece prevailed and emerged as the body, which represents a victory for State Department has benefited from strong and victorious democracy it is today. fairness and justice. the $100 million in additional annual Mr. Speaker, Greeks from around the world The result here in this Chamber revenues, while the reduced caseload in are proud of the actions taken by their home today also shows that this body can our consular offices overseas has freed country during World War II. I commend those work together in a bipartisan fashion up additional resources for providing who struggled, fought, sacrificed and lost their on sensible and fair legislation to resources to Americans traveling lives in the fight to restore and preserve the maintain the integrity of our immigra- abroad and to enhanced anti-fraud ef- liberty and democracy Greeks and Greek- tion laws, while still keeping the doors forts. Americans enjoy today. of immigration open to those who play Given the belt tightening we have As a member of the Congressional Caucus by the rules. imposed on the State Department in on Hellenic Issues, I will continue to work to Speaking in opposition to the motion recent years, it only makes sense to ensure that the people of Greece continue to offered by the gentleman from Califor- maintain a program that reduces costs enjoy the freedoms they have today and will nia [Mr. ROHRABACHER] was a diverse and frees up resources. Mr. Speaker, I continue to work with my colleagues to bring cross-section of Members from both heard my colleague from New Jersey justice to the people of Cyprus. The human sides of the aisle, including both the talk about the Statue of Liberty. We rights abuses taking place on this island go chairman and the ranking Democrat of are a Nation of immigrants. The Amer- against everything the soldiers and leaders of the Subcommittee on Commerce, Jus- ican dream that attracted many of our Greece fought so hard to save and preserve tice, State and Judiciary Appropria- ancestors still has profound meaning on October 28th, 1940. tions, as well as the chairman of the for people from around the world, from Mr. SHERMAN. Mr. Speaker, I rise today to Committee on International Relations Latin America to Africa, from Ireland pay tribute to the valiant Greek resistance and the Democratic leader. Speaker to the lands of the former Soviet against the Axis powers during World War II. after speaker, Democrat and Repub- Union, from India to the Far East. Greece was the last stronghold in Continental lican alike, cited the indisputable rea- We must guard against illegal immi- Europe to fall to the Axis. sons for opposing the motion to in- gration and punish those who delib- struct and for supporting permanent erately violate our immigration laws, Today marks the anniversary of the Greek extension of Section 245(i) of the Immi- but we should not punish those who refusal of Mussolini's ultimatum to surrender to gration and Nationality Act in the came here the right way, who played Italian forces. On October 28, 1940, the Greek Commerce, Justice, State and Judici- by the rules and who are simply the government issued a resounding ``OXI,'' (NO) ary Appropriations legislation. victims of an innocent mistake or a bu- to the Italian Fascists. A month after the inva- Mr. Speaker, as we heard during to- reaucratic error. sion began, the last Italian soldier was driven day’s debate, Section 245(i) allows cer- Permanently extending 245(i) is not from Greek soil and the Greek army was fight- tain immigrants who have fallen out of only the rational thing to do from an ing Italian Fascist forces in Albania. status to have their papers processed economic standpoint, it was the mor- The rout of Mussolini's forces in Albania re- here in the United States in order to ally right thing to do. I was proud to quired Hitler to divert valuable troops and become permanent residents, rather vote to defeat the motion to instruct arms to invade Greece in April 1941. Nazi than forcing them to return to their the conferees. This House, Mr. Speaker, forces faced fierce resistance in Crete and home country to apply. can be proud for defeating this motion Macedonia. The Greek campaign delayed the Those covered by Section 245(i) must and for supporting fair and rational im- planned invasion of the Soviet Union by sev- pay a $1,000 fee before obtaining their migration law once again. eral critical weeks. visa. Last year, these fees generated f The Germans were never able to occupy more than $200 million for the INS, 80 more than two-thirds of Greece. The Greek percent of which is earmarked for INS LEAVE OF ABSENCE national resistance continued fighting in the detention purposes. By unanimous consent, leave of ab- rugged mountain terrain. Greek civilians and Mr. Speaker, 245(i) does not change sence was granted to: clergy sought to protect Greek Jews from the the order in which a person’s visa is Mrs. CUBIN (at the request of Mr. occupying forces at great personal risk. processed. Contrary to the claims made ARMEY), from October 21 to the end of Hitler diverted 50 battalions from the East- by some during today’s debate, it does the first session of the 105th Congress, ern front and North Africa to Greece. In 1943, not give illegal immigrants the right on account of medical reasons. the Nazis were distracted into believing that to live in the United States. Mrs. KELLY (at the request of Mr. the main Allied assault would occur in the Bal- If we had passed the motion to in- ARMEY), after 6 p.m. on October 28 and kans, thereby enabling the Sicilian invasion. struct today, we would have torn fami- today, on account of medical reasons. Greek Army units in exile also played an im- lies apart and deprived many families Mr. YATES (at the request of Mr. GEP- portant role in the Allied campaign in North Af- of their sole source of support. We HARDT), after 4 p.m. today, on account rica. would have forced the mother of chil- of personal reasons. Mr. Speaker, the resounding ``No'' Greece dren who are U.S. citizens to be sepa- f sent Mussolini 57 years ago marked the be- rated from those children. We would ginning of the valiant Greek resistance to inva- have forced children who have grown SPECIAL ORDERS GRANTED sion and occupation during World War II. up in the United States to wait out By unanimous consent, permission to Greece proved itself a faithful ally throughout their applications for permanent resi- address the House, following the legis- the war effort with heroism and self sacrifice dence in countries they barely know, lative program and any special orders and at great cost in human lives and suffering. and deprived many businesses, includ- heretofore entered, was granted to: H9728 CONGRESSIONAL RECORD — HOUSE October 29, 1997

(The following Members (at the re- Mr. SHAW. trient Content Claims for Dietary Supple- quest of Mr. DAVIS of Illinois) to revise Mr. SOLOMON. ments and Conventional Foods; Correction and extend their remarks and include Mr. CUNNINGHAM. [Docket Nos. 95N–0245, 95N–0282, and 95N– 0347] (RIN: 0910AA59) received October 28, extraneous material:) Mr. THOMAS. 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. SKELTON, for 5 minutes, today. Mrs. MORELLA. Committee on Commerce. Ms. NORTON, for 5 minutes, today. Mr. GALLEGLY. 5679. A letter from the Assistant Secretary Mr. KUCINICH, for 5 minutes, today. Mr. GINGRICH. for Legislative Affairs, Department of State, Mrs. CLAYTON, for 5 minutes, today. Mr. SENSENBRENNER. ´ transmitting notification of a proposed man- Mr. ROMERO-BARCELO, for 5 minutes, Mr. SMITH of Michigan. ufacturing license agreement for production today. Mr. SHAW. of major military equipment with Japan Mr. MCNULTY, for 5 minutes, today. Mr. BLILEY. (Transmittal No. DTC–111–97), pursuant to 22 Ms. PELOSI, for 5 minutes, today. Mr. BOB SCHAFFER of Colorado. U.S.C. 2776(d); to the Committee on Inter- Ms. DELAURO, for 5 minutes, today. Mr. YOUNG of Florida. national Relations. (The following Members (at the re- (The following Members (at the re- 5680. A letter from the President, Institute quest of Mr. THUNE) to revise and ex- quest of Mr. PAPPAS) and to include ex- of American Indian Arts, transmitting the tend their remarks and include extra- traneous matter:) consolidated report for FY 1997 covering both neous material:) the annual report on audit and investigative Mr. JOHNSON of Wisconsin. Mrs. MORELLA, for 5 minutes each coverage required by the Inspector General day, on today and October 30 and 31. Mr. LUTHER. Act of 1978, as amended, and the Federal Mr. DIXON. Mr. SAXTON, for 5 minutes each day, Managers’ Financial Integrity Act report, on today and October 31. Mr. ENGLISH of Pennsylvania. pursuant to 31 U.S.C. 3512(c)(3); to the Com- mittee on Government Reform and Over- Mrs. LINDA SMITH of Washington, for Mr. SMITH of New Jersey. sight. 5 minutes each day, on today and Octo- Mr. BARCIA. ber 30 and 31. Mr. RILEY. 5681. A letter from the Acting Director, Of- fice of Personnel Management, transmitting Mr. KINGSTON, for 5 minutes, today. Mr. PORTMAN. Mr. BAKER. the Office’s final rule—Fellowship and Simi- Mr. ENGLISH of Pennsylvania, for 5 lar Appointments in the Excepted Service minutes, on October 30. f (RIN: 3206–AH91) received October 28, 1997, Mr. RIGGS, for 5 minutes each day, on ADJOURNMENT pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- today and October 30 and 31. mittee on Government Reform and Over- Mr. SMITH of Michigan, for 5 minutes Mr. PALLONE. Mr. Speaker, pursu- sight. each day, on today and October 30 and ant to House Resolution 286, I move 5682. A letter from the Special Counsel, 31. that the House do now adjourn in mem- U.S. Office of Special Counsel, transmitting Mr. WELDON of Pennsylvania, for 5 ory of the late Honorable WALTER H. the FY 1997 annual report under the Federal minutes, today. CAPPS. Managers’ Financial Integrity Act (FMFIA) Mrs. JOHNSON of Connecticut, for 5 The motion was agreed to; accord- of 1982, pursuant to 31 U.S.C. 3512(c)(3); to the minutes, today. ingly (at 10 o’clock and 43 minutes Committee on Government Reform and Oversight. Mr. THUNE, for 5 minutes, today. p.m.), pursuant to House Resolution Mr. GUTKNECHT, for 5 minutes, today. 286, the House adjourned until tomor- 5683. A letter from the Acting Director, Of- fice of Sustainable Fisheries, National Oce- Mr. GOSS, for 5 minutes, on October row, Thursday, October 30, 1997, at 10 30. anic and Atmospheric Administration, trans- a.m. in memory of the late Honorable mitting the Administration’s final rule— Mr. DELAY, for 5 minutes, today. WALTER H. CAPPS of California. Fisheries of the Exclusive Economic Zone Mr. EWING, for 5 minutes, on October f Off Alaska; Reallocation of Pacific Cod 30. [Docket No. 961107312–7021–02; I.D. 101697B] Mr. SANFORD, for 5 minutes, today. EXECUTIVE COMMUNICATIONS, received October 28, 1997, pursuant to 5 f ETC. U.S.C. 801(a)(1)(A); to the Committee on Re- sources. EXTENSION OF REMARKS Under clause 2 of rule XXIV, execu- tive communications were taken from 5684. A letter from the Chief, Regulations By unanimous consent, permission to the Speaker’s table and referred as fol- Unit, Internal Revenue Service, transmitting revise and extend remarks was granted the Service’s final rule—Business Expenses lows: to: [Revenue Procedure 97–52] received October 5675. A letter from the Congressional Re- (Mr. GINGRICH and to include extra- 29, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to view Coordinator, Animal and Plant Health the Committee on Ways and Means. neous material notwithstanding the Inspection Service, transmitting the Serv- fact that it exceeds two pages of the ice’s final rule—APHIS Policy Regarding Im- f RECORD and is estimated by the Public portation of Animals and Animal Products Printer to cost $1,055.) [Docket No. 94–106–8] (RIN: 0579–AA71) re- (The following Members (at the re- ceived October 29, 1997, pursuant to 5 U.S.C. REPORTS OF COMMITTEES ON quest of Mr. DAVIS of Illinois) and to 801(a)(1)(A); to the Committee on Agri- PUBLIC BILLS AND RESOLUTIONS include extraneous matter:) culture. Under clause 2 of rule XIII, reports of Mr. LEVIN. 5676. A letter from the Director, Office of Mr. LIPINSKI. Management and Budget, transmitting a re- committees were delivered to the Clerk port on appropriations legislation pursuant Mr. HAMILTON. for printing and reference to the proper to the Balanced Budget and Emergency Defi- calendar, as follows: Mr. BARRETT of Wisconsin. cit Control Act of 1985 (Section 251(a)(7)), as Mr. STARK. amended by the Budget Enforcement Act of Mr. ARCHER: Committee on Ways and Mr. KIND. 1997; to the Committee on the Budget. Means. H.R. 2645. A bill to make technical Mr. ROTHMAN. 5677. A letter from the AMD—Performance corrections related to the Taxpayer Relief Mr. ORTIZ. Evaluation and RECORDs Management, Fed- Act of 1997 and certain other tax legislation; Mr. DEUTSCH. eral Communications Commission, transmit- with amendments (Rept. 105–356). Referred to Mr. KENNEDY of Massachusetts. ting the Commission’s final rule—Implemen- the Committee of the Whole House on the Mr. KUCINICH. tation of Section 9 of the Communications State of the Union. Mr. LANTOS. Act; Assessment and Collection of Regu- Mrs. MYRICK: Committee on Rules. House Mr. PAYNE. latory Fees for Fiscal Year 1997 [MD Docket Resolution 288. Resolution providing for con- Mr. SKELTON. No. 96–186] received October 28, 1997, pursu- sideration of the bill (H.R. 2746) to amend Mr. DELLUMS. ant to 5 U.S.C. 801(a)(1)(A); to the Committee title VI of the Elementary and Secondary on Commerce. Education Act of 1965 to give parents with Mr. PASCRELL. 5678. A letter from the Director, Regula- low-incomes the opportunity to choose the Mr. VISCLOSKY. tions Policy and Management Staff, Office of appropriate school for their children and for Mr. BLAGOJEVICH. Policy, Food and Drug Administration, consideration of the bill (H.R. 2616) to amend Mr. STOKES. transmitting the Administration’s final titles VI and X of the Elementary and Sec- (The following Members (at the re- rule—Food Labeling; Nutrient Content ondary Education Act of 1965 to improve and quest of Mr. THUNE) and to include ex- Claims: Definition for ‘‘High Potency’’ and expand charter schools (Rept. 105–357). Re- traneous matter:) Definitions of ’’Antioxidant’’ for Use in Nu- ferred to the House Calendar. October 29, 1997 CONGRESSIONAL RECORD — HOUSE H9729 PUBLIC BILLS AND RESOLUTIONS case for consideration of such provisions as H.R. 2769. A bill to ensure that background fall within the jurisdiction of the committee checks are conducted before the transfer of a Under clause 5 of Rule X and clause 4 concerned. handgun by a firearms dealer; to the Com- of Rule XXII, public bills and resolu- By Mr. GILCHREST: mittee on the Judiciary. tions were introduced and severally re- H.R. 2762. A bill to amend the Federal By Mr. SHAW: ferred, as follows: Water Pollution Control Act to improve the H.R. 2770. A bill to amend the Tariff Act of protection of the Nation’s wetlands and wa- By Mr. DEFAZIO (for himself and Mr. 1930 to provide for a deferral of the duty on tersheds, and for other purposes; to the Com- large yachts imported for sale at boat shows HINCHEY): mittee on Transportation and Infrastruc- H.R. 2757. A bill to impose a moratorium in the United States; to the Committee on ture. on increases in the rates charged for cable Ways and Means. By Mr. GOSS: television service, to require the Federal By Mr. SHAYS: H.R. 2763. A bill to provide that an annual H.R. 2771. A bill to amend the Harmonized Communications Commission to conduct an pay adjustment for Members of Congress Tariff Schedule of the United States relating inquiry into the causes of such increases and may not exceed the cost-of-living adjust- to the definition of raw value for purposes of the impediments to competition, and for ment in benefits under title II of the Social raw sugar import tariff rate quota; to the other purposes; to the Committee on Com- Security Act for that year; to the Committee Committee on Ways and Means. merce. on Government Reform and Oversight, and By Mr. SOLOMON: By Mr. HOEKSTRA (for himself, Mr. in addition to the Committee on House Over- H.R. 2772. A bill to establish an Office of FRANK of Massachusetts, Mr. COL- sight, for a period to be subsequently deter- National Security within the Securities and LINS, Mrs. MALONEY of New York, Mr. mined by the Speaker, in each case for con- Exchange Commission, provide for the mon- HILLEARY, Mr. SCHUMER, Mr. COBLE, sideration of such provisions as fall within itoring of the extent of foreign involvement Mr. CLAY, Mr. BARTLETT of Mary- the jurisdiction of the committee concerned. in United States securities markets, finan- land, Mr. HAMILTON, Mr. DEAL of By Mr. HANSEN (for himself and Mr. cial institutions, and pension funds, and for Georgia, Mr. TORRES, Mr. MANZULLO, MEEHAN): other purposes; to the Committee on Com- Mr. DEFAZIO, Mr. STUMP, Mr. H.R. 2764. A bill to amend the Internal Rev- merce, and in addition to the Committees on EHLERS, Mr. OXLEY, Mr. HEFLEY, Mr. enue Code of 1986 to increase the excise tax International Relations, Banking and Finan- TAYLOR of North Carolina, Mr. rate on tobacco products and deposit the re- cial Services, and Education and the EWING, Mr. UPTON, Mr. EVERETT, Mr. sulting revenues into a Public Health and Workforce, for a period to be subsequently ENGLISH of Pennsylvania, Mr. Education Resource Trust Fund, and for determined by the Speaker, in each case for CHAMBLISS, Mr. LINDER, Mr. other purposes; to the Committee on Ways consideration of such provisions as fall with- NETHERCUTT, Mr. CRANE, Mr. RIGGS, and Means, and in addition to the Committee in the jurisdiction of the committee con- on Commerce, for a period to be subse- Mr. HOSTETTLER, Mrs. EMERSON, Mr. cerned. quently determined by the Speaker, in each BILBRAY, Mr. BURR of North Carolina, By Mrs. LINDA SMITH of Washington case for consideration of such provisions as Mr. KNOLLENBERG, and Mr. (for herself, Mr. WOLF, Ms. PELOSI, fall within the jurisdiction of the committee BALLENGER): Mr. SMITH of New Jersey, Mr. GEJD- concerned. H.R. 2758. A bill to amend title 18, United ENSON, Mr. WELDON of Florida, Mr. By Mr. HILLIARD: States Code, to minimize the unfair competi- SOLOMON, Mr. GILMAN, Mr. HYDE, Mr. tion for Federal contracting opportunities H.R. 2765. A bill to amend the Internal Rev- enue Code of 1986 to specify certain cir- COX of California, and Mr. TIAHRT): between Federal Prison Industries and pri- H. Con. Res. 180. Concurrent resolution ex- vate firms (especially small business con- cumstances that give rise to affiliation or control of a nonprofit organization by a for- pressing the sense of the Congress that the cerns), to provide to Federal agencies in Government of the People’s Republic of their dealings with Federal Prison Industries profit organization for purposes of denying eligibility for the low-income housing tax China should stop the practice of harvesting the contract administration tools generally and transplanting organs for profit from available to assure quality performance by credit; to the Committee on Ways and Means. prisoners that it executes; to the Committee their other suppliers, and for other purposes; on International Relations, and in addition to the Committee on the Judiciary. By Mr. LATOURETTE (for himself, Mr. ORTMAN, Mr. HALL of Ohio, Mr. to the Committee on the Judiciary, for a pe- By Mr. RUSH: P GILLMOR, Mr. STRICKLAND, Mr. riod to be subsequently determined by the H.R. 2759. A bill to amend the Immigration BOEHNER, Mr. KUCINICH, Mr. STOKES, Speaker, in each case for consideration of and Nationality Act with respect to the re- Mr. BROWN of Ohio, Ms. PRYCE of such provisions as fall within the jurisdic- quirements for the admission of non- Ohio, Mr. TRAFICANT, Mr. NEY, Mr. tion of the committee concerned. immigrant nurses who will practice in health OXLEY, Mr. KASICH, Mr. SAWYER, Mr. By Ms. ROS-LEHTINEN (for herself, professional shortage areas; to the Commit- ILIRAKIS ALONEY REGULA, Ms. KAPTUR, Mr. HOBSON, Mr. B , Mrs. M of New tee on the Judiciary. ORTER NGEL and Mr. CHABOT): York, Mr. P , Mr. E , Mr. By Mr. CUNNINGHAM (for himself, Mr. H.R. 2766. A bill to designate the United MENENDEZ, Mr. SHERMAN, Mr. RUSH, TANNER, Mr. YOUNG of Alaska, Mr. States Post Office located at 215 East Jack- and Mr. PAPPAS): CHAMBLISS, Mr. PETERSON of Min- son Street in Painesville, Ohio, as the ‘‘Karl H. Con. Res. 181. Concurrent resolution nesota, Mr. HUNTER, Mr. LEWIS of Bernal Post Office Building‘‘; to the Com- calling for a United States effort to end re- California, Mr. JOHN, Mr. METCALF, mittee on Government Reform and Over- strictions on the freedoms and human rights Mr. NORWOOD, Mr. BARR of Georgia, sight. of the enclaved people in theoccupied area of Mr. GIBBONS, Mrs. CUBIN, Mr. BOYD, By Mrs. MORELLA (for herself, Mr. Cyprus; to the Committee on International and Mr. POMBO): DAVIS of Virginia, and Mr. MORAN of Relations. H.R. 2760. A bill to amend the Sikes Act to Virginia): By Mr. FAZIO of California: establish a mechanism by which outdoor H.R. 2767. A bill to provide additional com- H. Res. 286. A resolution expressing the recreation programs on military installa- pensation for members of the Metropolitan condolences of the House on the death of the tions will be accessible to disabled veterans, Police Department and Fire Department of Honorable Walter H. Capps, a Representative military dependents with disabilities, and the District of Columbia, the United States from the State of California; considered and other persons with disabilities; to the Com- Secret Service Uniformed Division, and the agreed to. mittee on Resources, and in addition to the United States Park Police who carry out cer- By Mr. GALLEGLY (for himself and Committee on National Security, for a pe- tain technical or hazardous duties, and for Mr. ACKERMAN): riod to be subsequently determined by the other purposes; to the Committee on Govern- H. Res. 289. A resolution expressing the Speaker, in each case for consideration of ment Reform and Oversight. sense of the Congress that a renewed effort such provisions as fall within the jurisdic- By Mr. SANFORD: be made to end the violent guerrilla war in tion of the committee concerned. H.R. 2768. A bill to provide for the retire- Colombia, which poses a serious threat to de- By Mr. FRANK of Massachusetts (for ment of all Americans; to the Committee on mocracy in regions of Colombia as evidenced himself, Mrs. LOWEY, Ms. NORTON, Ways and Means, and in addition to the Com- by the results of the recent October 26, 1997, Ms. FURSE, Ms. PELOSI, Mr. LANTOS, mittees on Education and the Workforce, elections; to the Committee on International Mr. MEEHAN, Mr. FILNER, Mrs. Rules, and Banking and Financial Services, Relations. MALONEY of New York, Mr. for a period to be subsequently determined f DELAHUNT, Mr. NADLER, Mr. OLVER, by the Speaker, in each case for consider- Mr. SCHUMER, Ms. RIVERS, Ms. ation of such provisions as fall within the ju- ADDITIONAL SPONSORS VELAZQUEZ, Mr. KENNEDY of Rhode risdiction of the committee concerned. Under clause 4 of rule XXII, sponsors Island, and Mr. WYNN): By Mr. SCHUMER (for himself, Mr. were added to public bills and resolu- H.R. 2761. A bill to provide benefits to do- MEEHAN, Mr. NADLER, Mr. tions as follows: mestic partners of Federal employees; to the MCDERMOTT, Ms. LOFGREN, Mr. [Omitted from the Record of October 28, 1997] Committee on Government Reform and MENENDEZ, Mrs. MORELLA, Mr. BER- Oversight, and in addition to the Committee MAN, Ms. KILPATRICK, Mr. GUTIERREZ, H.R. 2009: Ms. RIVERS and Mr. ENGEL. on Ways and Means, for a period to be subse- Mr. BARRETT of Wisconsin, Ms. [Submitted October 29, 1997] quently determined by the Speaker, in each FURSE, and Mr. BLAGOJEVICH): H.R. 12: Mr. FORD and Mr. TOWNS. H9730 CONGRESSIONAL RECORD — HOUSE October 29, 1997

H.R. 367: Mr. BILBRAY and Mr. POMBO. H.R. 2524: Mr. TORRES, Mrs. THURMAN, and H.R. 2493 H.R. 372: Mr. TOWNS, Mr. PETERSON of Min- Ms. DANNER. OFFERED BY: MR. MILLER of California nesota, Mr. FILNER, Mr. DEFAZIO, and Mr. H.R. 2560: Mr. SALMON, Mr. TORRES, Mr. [Substitute Amendment to the Smith (OR) MARTINEZ. JEFFERSON, Mrs. LINDA SMITH of Washington, Amendment] H.R. 453: Mr. FOX of Pennsylvania, Mr. Mr. DAVIS of Virginia, Mrs. THURMAN, Mr. DICKS, Ms. ESHOO, Mr. SABO, and Mr. WATT of North Carolina, Mr. FALEOMAVAEGA, [Page & line nos. refer to Union Calendar Print FRELINGHUYSEN. Mr. ORTIZ, Mr. DAVIS of Illinois, Ms. JACK- of H.R. 2493, the amendment in the nature of H.R. 475: Mrs. NORTHUP. SON-LEE, Mr. CLEMENT, Mr. FORD, and Mr. a substitute recommended by the Committee H.R. 693: Mr. GOSS and Mr. GOODE. RANGEL. on Resources]. H.R. 696: Mrs. LOWEY. H.R. 2609: Mr. HASTINGS of Washington, Mr. AMENDMENT NO. 12: In section 107(a), strike H.R. 768: Mr. TIAHRT. NETHERCUTT, and Mr. HOSTETTLER. paragraph (2) (page 36, lines 16 through 20) H.R. 815: Mr. ROEMER and Mr. HALL of H.R. 2611: Mr. ISTOOK. and insert the following new paragraph: Texas. H.R. 2625: Mr. HUTCHINSON, Mr. UPTON, Mr. (2) FEE FOR FOREIGN-OWNED OR CONTROLLED H.R. 820: Ms. DELAURO. EHRLICH, Mr. HASTINGS of Washington, and GRAZING PERMITS OR LEASES.—In the case of a H.R. 875: Mr. BILIRAKIS. Mr. BONILLA. grazing permit or lease held or otherwise H.R. 979: Mr. BORSKI and Mr. SPENCE. H.R. 2626: Mr. COSTELLO. controlled in whole or in part by a foreign H.R. 991: Mr. PALLONE. H.R. 2668: Mr. NEUMANN, Mr. COOKSEY, Mr. corporation or a foreign individual, the fee H.R. 1023: Mr. NUSSLE and Mr. KENNEDY of CUNNINGHAM, and Mr. BARTON of Texas. shall be equal to the higher of the following: Rhode Island. H.R. 2670: Mr. PAPPAS. (A) The average grazing fee (weighted by H.R. 1146: Mr. ADERHOLT. H.R. 2671: Mr. NETHERCUTT. animal unit months) charged by the State H.R. 1147: Mr. GOODE. H.R. 2693: Mrs. MEEK of Florida, Mr. ROTH- during the previous grazing year for grazing H.R. 1200: Ms. RIVERS. MAN, Ms. MILLENDER-MCDONALD, Mr. MAR- on State lands in the State in which the land H.R. 1232: Mr. STOKES, Mr. ENGLISH of TINEZ, and Mr. LAMPSON. covered by the grazing permit or lease are lo- Pennsylvania, Ms. NORTON, Mr. SOUDER, and H.R. 2695: Mr. FILNER, Ms. KILPATRICK, and cated: Ms. KILPATRICK. Mr. FROST. (B) The average grazing fee (weighted by H.R. 1289: Mrs. NORTHUP, Mr. FILNER, Ms. H.R. 2709: Ms. HARMAN, Mr. SHAYS, Mr. animal unit months) charged for grazing on DUNN of Washington, Ms. HARMAN, Mr. LEWIS of California, Mr. BURR of North Caro- private lands in the State in which the lands SCOTT, Mr. LATOURETTE, and Mr. lina, Mr. LAZIO of New York, Mr. SMITH of covered by the grazing permit or lease are lo- STRICKLAND. New Jersey, Mr. HOYER, Mr. PETERSON of cated. H.R. 1329: Mr. KILDEE and Mr. MCGOVERN. Minnesota, Mr. YOUNG of Alaska, Mr. H.R. 1376: Mr. KENNEDY of Rhode Island. KUCINICH, Mr. MEEHAN, Mr. NADLER, Mr. H.R. 2493 H.R. 1390: Mr. BENTSEN. CARDIN, Mr. THOMAS, Mr. BLAGOJEVICH, Mr. OFFERED BY: MR. MILLER of California H.R. 1404: Mr. WATT of North Carolina, Ms. BENTSEN, Mr. KNOLLENBERG, Mr. BILIRAKIS, [Page & line nos. refer to Union Calendar Print STABENOW, Mr. GEJDENSON, and Ms. HOOLEY Mr. FORD, Mr. HOSTETTLER, Mr. KASICH, Mr. of H.R. 2493, the amendment in the nature of of Oregon. LATOURETTE, Mr. FARR of California, Mr. a substitute recommended by the Committee H.R. 1415: Mr. HINOJOSA, Mr. BLAGOJEVICH, PORTER, Mr. COOKSEY, Mr. COSTELLO, Mr. on Resources]. Mr. CANNON, and Mr. PETRI. WYNN, Ms. WOOLSEY, Mr. DOOLITTLE, Mr. AMENDMENT NO. 13: In section 107(a), strike H.R. 1481: Mr. GILLMOR. SANFORD, Mr. SHADEGG, Mrs. MORELLA, Mr. paragraph (2) (page 36, lines 16 through 20) H.R. 1521: Mr. BILBRAY, Mr. BONO, and Ms. RODRIGUEZ, Mr. STUPAK, and Mr. BERMAN. and insert the following new paragraph: FURSE. H.R. 2717: Mr. FARTTAH and Mr. DAVIS of H.R. 1524: Mrs. KELLY and Mr. PAXON. Virginia. (2) FEE FOR FOREIGN-OWNED OR CONTROLLED GRAZING PERMITS OR LEASES.—In the case of a H.R. 1531: Mr. SCHUMER. H.R. 2739: Mr. DELAY. grazing permit or lease held or otherwise H.R. 1541: Mr. STICKLAND. H.R. 2741: Mr. PACKARD, Mr. POMBO, and controlled in whole or in part by a foreign H.R. 1608: Mr. PALLONE, Mr. PITTS, Mr. Ms. SANCHEZ. corporation or a foreign individual, the fee NORWOOD, Mr. STUPAK, and Mr. MCGOVERN. H. Con. Res. 107: Mr. DAVIS of Virginia. shall be equal to the higher of the following: H.R. 1628: Mr. SCOTT. H. Con. Res. 127: Mr. CRAMER, Mr. LUTHER, H.R. 1727: Ms. DELAURO. and Mr. BACHUS. (A) The average grazing fee (weighted by H.R. 1753: Ms. WATERS. H. Con. Res. 152: Mr. LIPINSKI, Mr. LAZIO of animal unit months) charged by the State H.R. 1754: Mr. DELAHUNT. New York, and Mr. PAPPAS. during the previous grazing year for grazing H.R. 1813: Mr. EVANS, Mr. CLYBURN, Mr. H. Con. Res. 156: Mr. BROWN of Ohio, Ms. on State lands in the State in which the POSHARD, Mr. ABERCROMBIE, and Mr. ALLEN. WOOLSEY, and Mr. FALEOMAVAEGA. lands covered by the grazing permit or lease H.R. 1836: Mr. ALLEN. H. Con. Res. 172: Mr. BEREUTER and Mr. are located: H.R. 1883: Ms. MILLENDER-MCDONALD. FALEOMAVAEGA. (B) The average grazing fee (weighted by H.R. 2072: Mr. LARGENT. H. Res. 211: Mr. HOBSON, Mr. KIM, Mr. animal unit months) charged for grazing on H.R. 2095: Mr. CHRISTENSEN. MORAN of Kansas, Mr. PETRI, Mr. STUPAK, private lands in the State in which the lands H.R. 2103: Mr. MORAN of Kansas. Mr. TAYLOR of North Carolina, and Mr. WICK- covered by the grazing permit or lease are lo- H.R. 2121: Mr. SHAYS. ER. cated. H.R. 2130: Mr. SANDLIN, Mr. MARTINEZ, Mrs. H. Res. 231: Mr. FALEOMAVAEGA. H.R. 2616 THURMAN, and Mr. JACKSON. H. Res. 247: Mr. LUTHER. OFFERED BY: MS. HOOLEY OF OREGON H.R. 2174: Mr. BURR of North Carolina, Mr. H. Res. 267: Mr. SNOWBARGER, Mr. BRADY, AMENDMENT NO. 2: Beginning on page 7, SHERMAN, Mr. ABERCROMBIE, Mr. SANDLIN, Mr. COBLE, Ms. PRYCE of Ohio, Mr. HASTINGS strike line 1 and all that follows through and Mr. DEFAZIO. of Florida, Mr. DIAZ-BALART, Mr. GILLMORE, page 8, line 21. H.R. 2183: Mr. TRAFICANT. Mr. CARPO, Mr. DREIER, Mr. OXLEY, Mr. H.R. 2185: Mr. VENTO. WICKER, Mr. HASTINGS of Washington, Mr. H.R. 2616 H.R. 2224: Ms. SLAUGHTER. SHAYS, Mr. PACKARD, Mr. GRAHAM, Mr. OFFERED BY: MS. HOOLEY OF OREGON H.R. 2257: Mr. VENTO. ADERHOLT, Mr. ENGLISH of Pennsylvania, and AMENDMENT NO. 3: Beginning on page 8, H.R. 2263: Mr. DIAZ-BALART, Mr. COOKSEY, Mrs. MCCARTHY of New York. and Mr. DINGELL. line 5, strike ‘‘State law regarding charter f H.R. 2292: Mr. FORBES. schools’’ and insert ‘‘enabling State stat- H.R. 2321: Mr. NEY and Mr. PICKETT. DELETIONS OF SPONSORS FROM ute’’. H.R. 2349: Ms. WATERS. PUBLIC BILLS AND RESOLUTIONS Beginning on page 8, line 9, strike ‘‘State H.R. 2380: Mr. FRELINGHUYSEN. law regarding charter schools’’ and insert H.R. 2382: Mr. MCGOVERN and Ms. CHRIS- Under clause 4 of rule XXII, sponsors ‘‘enabling State statute’’. TIAN-GREEN. were deleted from public bills and reso- Beginning on page 8, line 14, strike ‘‘State H.R. 2428: Mr. BONIOR, Mr. FALEOMAVAEGA, lutions as follows: law regarding charter schools’’ and insert ‘‘enabling State statute’’. Mr. EVANS, Ms. WOOLSEY, Mr. MANTON, Mr. H.R. 2527: Ms. DELAURO. POSHARD, Mr. MINGE, and Mr. TORRES. Page 8, line 17, strike ‘‘to determine’’ and f H.R. 2456: Mr. RAHALL and Ms. STABENOW. all that follows through ‘‘charter’’ on line 21. H.R. 2474: Mr. METCALF, Ms. GRANGER, and AMENDMENTS Page 14, strike line 5, and insert ‘‘enabling Mr. BOSWELL. State statute;’’. H.R. 2489: Ms. FURSE, Mr. WHITFIELD, Mr. Under clause 6 of rule XXIII, pro- Page 21, line 3, strike ‘‘specific’’ and insert BAESLER, Ms. HOOLEY of Oregon, and Mrs. posed amendments were submitted as ‘‘enabling’’. CHENOWETH. follows: Page 21, line 4, strike ‘‘charter school’’. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, WEDNESDAY, OCTOBER 29, 1997 No. 148 Senate The Senate met at 11 a.m., and was U.S. SENATE, EXECUTIVE SESSION called to order by the Honorable PRESIDENT PRO TEMPORE, WAYNE ALLARD, a Senator from the Washington, DC, October 29, 1997. State of Colorado. To the Senate: Under the provisions of rule I, section 3, of NOMINATION OF WILLIAM E. the Standing Rules of the Senate, I hereby KENNARD, OF CALIFORNIA, TO PRAYER appoint the Honorable WAYNE ALLARD, a BE A MEMBER OF THE FEDERAL Senator from the State of Colorado, to per- COMMUNICATIONS COMMISSION The Chaplain, Dr. Lloyd John form the duties of the Chair. Ogilvie, offered the following prayer: STROM THURMOND, The ACTING PRESIDENT pro tem- Almighty God, You created us to President pro tempore. pore. Under the previous order, the praise You. Forgive us for the pride Mr. ALLARD thereupon assumed the Senate will now go into executive ses- that too frequently takes the place of chair as Acting President pro tempore. sion and proceed to the nomination of praise in our hearts. So often, we want William E. Kennard of California, to be adequate in our own strength, to f which the clerk will report. be loved by You because of our self- The assistant legislative clerk read generated goodness, and to be admired RECOGNITION OF THE ACTING the nomination of William E. Kennard, by people because of our superior per- MAJORITY LEADER of California, to be a member of the formance. Yet pride pollutes every- Federal Communications Commission. The ACTING PRESIDENT pro tem- thing: It stunts our spiritual growth, The ACTING PRESIDENT pro tem- pore. The able acting majority leader, creates tensions in our relationships, pore. The Senator from Montana. the Senator from Montana, is recog- and makes us people who are difficult Mr. BURNS. Mr. President, I rise nized. for You to bless. Most important of all, today to oppose the nomination of Wil- our pride separates us from You, dear liam Kennard as Chairman of the Fed- Father. When pride reigns, life becomes f eral Communications Commission. bland, truth becomes relative, and val- Throughout the confirmation proc- ues become confused. We lose that SCHEDULE ess, I have taken a particular interest inner confidence of convictions rooted Mr. BURNS. This morning the Sen- in universal service. The ruling earlier in the Bible and Your revealed truth. ate will proceed to executive session to this year by the FCC to structure a Now in this quiet moment, we praise consider the nomination of William universal service fund from a 25-per- You for breaking the bubble of illusion Kennard to be a member of the Federal cent Federal contribution and a 75-per- that, with our own cleverness and cun- Communications Commission. I now cent State contribution has caused me ning, we can solve life’s problems. Help ask unanimous consent there be an ad- a lot of concern, along with many of us recover a sense of humor so we can ditional 10 minutes of debate equally my colleagues from rural States. laugh at ourselves for ever thinking we divided between the two leaders and, I do not believe that this ruling is could make it on our own. We humble further, the vote on the nomination consistent with the intent of Congress ourselves before You. Fill us with Your will occur at 12 o’clock noon today. in the Telecommunications Act of 1996. spirit. Now, with our minds planted on The ACTING PRESIDENT pro tem- Such a rule could have severe impacts the Rock of Ages, we have the power to pore. Without objection, it is so or- on Montana and other rural States face the ambiguities of today with the dered. that are asked to make this contribu- absolutes of Your truth and guidance. Mr. BURNS. Mr. President, Members tion. Through our Lord and Saviour. Amen. can expect the first vote at 12 o’clock. In the process of determining the at- Following that vote, it is the two lead- titudes of the nominees, I have heard f ers’ intention for the Senate to turn to statements about a reliance on the his- consideration of H.R. 1119, the national torical split between States and the APPOINTMENT OF ACTING defense authorization conference re- Federal Government in the structure of PRESIDENT PRO TEMPORE port, or the D.C. appropriations bill. this fund. However, in the case of Mon- The Senate may also begin consider- tana, which has not even had a uni- The PRESIDING OFFICER. The ation of Senator COVERDELL’s legisla- versal service fund until it was enacted clerk will please read a communication tion dealing with education IRA’s. this year by the State legislature, we to the Senate from the President pro Subsequently, Members can antici- are on new territory, and history may tempore [Mr. THURMOND]. pate further rollcall votes throughout be different from present cir- The bill clerk read as follows: today’s session of the Senate. cumstances.

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

S11305

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VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11306 CONGRESSIONAL RECORD — SENATE October 29, 1997 In rural States like Montana,the uni- the difficulties of rural life. In a State eral Manager Art Isley, with the fee based on versal service fund is absolutely crit- with 148,000 square miles and only the distance the signal travels. That cost ical to the provision of basic telephone about 850,000 people, we do not always simply gets passed on, he said. ‘‘It’s costing us an arm and a leg to get service. It should further be noted that have the luxury of face-to-face commu- that (Internet service) out,’’ he said. ‘‘I don’t maintaining the universal availability nication that people have in highly get any breaks.’’ of telephone service at reasonable and populated areas, nor do we have the Communities that are served by US West affordable prices is not just a vague ability to shoulder the dispropor- such as Three Forks, Manhattan and Boze- goal but an explicit statutory mandate. tionate burden that would be placed on man don’t have to pay the cost of leasing the I ask how well has the FCC done in us by taking on 75 percent of the cost space on the system, Isley said. fulfilling this mandate? To answer this of universal service. It is the people of And because Harrison is so small, other question, it is helpful to look at the States like mine for whom universal Internet providers lack the incentive to com- pete with Three Rivers. record of the hearings which the Com- service is intended, and I do not want ‘‘If you have competition, the market is merce Committee held in September to see it dismantled. going to drive prices down,’’ McGee said. 1993, on the nomination of Reed Hundt In view of all of these facts, I must Larger communities have other tele- to be FCC Chairman. oppose Mr. Kennard’s nomination. communications advantages as well. Boze- In response to a question which I Mr. President, what we are faced man’s schools are linked to the Internet posed on universal service, Mr. Hundt with in Montana in this particular area through Montana State University, which said— is pointed up by an article that was in has its own access to the Net. While the uni- the Bozeman Daily Chronicle by Oliver versity system’s Internet structure is ex- Universal service is, and should be, one of pected to change in the next few years re- the paramount goals of the Government and Staley. I ask unanimous consent that sulting in additional costs for Bozeman’s specifically the FCC. article be printed in the RECORD. schools the low cost of service has allowed Mr. Hundt also characterized the ap- There being no objection, the article Bozeman’s schools to bring the Internet to propriate role of the FCC in response to was ordered to be printed in the thousands of students. another question. He said the FCC’s RECORD, as follows: ‘‘We’re getting an incredible deal right now,’’ said Christine Day, the district’s tech- mandate was, SOME SMALL SCHOOL DISTRICTS FIND GOOD nology services coordinator. INTERNET ACCESS TOO EXPENSIVE [T]o implement the will of Congress, as ex- Some small schools, however, have found pressed in legislation, [and that] to that end, (By Oliver Staley) ways to avoid paying huge fees for Internet the Commission’s policymaking activities HARRISON, MT.—The Internet may be the service. should take into account incentives and dis- wave of the future, but in the Harrison The Whitehall School District receives its incentives for private investment in the net- School District, it’s a wave Net surfers can’t Internet service free of charge from the Hel- work, and the creation and offering of serv- ride very far. ena-based Internections. In return, the ice. The tiny, 129-student school district has school district houses Internections’ equip- Mr. President, after reviewing the ac- just one computer linked to the Internet. ment, which allows it to provide local Inter- tivities of the FCC during the past 4 They have access for only 100 hours a month. net service to the rest of Whitehall. years, it is clear that Reed Hundt has Superintendent John McGee wants to in- ‘‘It’s great for both of us,’’ said Whitehall crease the students’ access to the Net, and been unable to fully carry out the Superintendent Paul Stemick. ‘‘Otherwise, envisions four terminals providing 200 hours they would have to pay to rent space in promises which he made to this com- of access a month. town.’’ mittee and to the Senate during his But if the school is linked to the Internet And after Whitehall’s schools are rewired, confirmation. I should also note that through its current Three Rivers Telephone a project that was to be completed Saturday, Mr. Kennard served as general counsel Cooperative’s service, it would cost the dis- every classroom will be linked to the Inter- to the FCC during this time and bears trict $3,360 a year. net. Stemick hopes to have 60 computers on- substantial responsibility for its ‘‘We couldn’t justify spending that,’’ line by Christmas. record. McGee said. The Ennis School District is using a dif- Paying $3,360 is bad enough. Making Har- It should be clear from the record ferent approach. rison’s situation even more frustrating is The district pays $2,000 a year for Vision that by focusing on the expansion of that 20 miles to the north, Three Forks Net, an interactive television system that the definition of universal service to School District pays $540 a year to connect links Ennis to 48 other Montana schools and include broad-ranging social programs, its three terminals to the Internet. universities. The program is designed to ex- the FCC’s progress toward maintaining The Manhattan School District pays $229 a pand learning opportunities for both and universal service has been delayed. year, and the Bozeman School District, adults and students, and because of Vision While such goals as providing internet which has hundreds of computers hooked up Net’s broad bandwidth, it can also carry the access to schools and libraries may be in 11 schools, pays just $2,500 a year. Internet. Those differences are a result of the Intri- Currently, the Ennis district has 13 com- laudable, they were never meant to be cate world of telecommunications, which puters linked to the Internet for its approxi- part of universal service as it has tradi- makes it harder and more expensive for mately 415 students, business manager San- tionally been known. Indeed, a huge small communities to connect to the Net. dra Lane said. That will be expanded, Lane additional burden has been placed on Ultimately, McGee said, the cost is paid by said, when the district’s Vision Net studio is rural States such as mine, in Montana, the students and faculty who are denied ac- up and running early next year and a higher- in meeting these newfound definitions. cess to a technology that is reshaping the capacity link is established. The FCC has addressed those goals in a world. Many Montana schools also plan on taking ‘‘They’re completely missing out on the fashion which many believe is detri- advantage of the ‘‘E-rate,’’ a $2.25 billion fed- big picture of what’s going on out there,’’ he eral subsidy for rural schools created by the mental to maintaining universal tele- said. ‘‘They’re missing out on all sorts of lev- Telecommunications Act of 1996. phone service—which is so important els.’’ Under the E-rate officially known as the to me and other Members of rural The high cost of supplying Harrison with Federal Communications Commissions’ Uni- States. Internet service stems from basic supply- versal Service Order schools and libraries As I have noted before, there are and-demand economics, aggravated by Mon- can receive a discount on their Internet serv- some 55 million Americans who live tana’s vast distances. ice, file servers and wiring. outside metropolitan areas today— For the nonprofit Three Rivers Telephone The discount is pegged to the percentage of Cooperative to provide Harrison with Inter- which is about the same as the total students in a school eligible for free or re- net service, the cooperative must use US duced price lunches, and it can range from 25 population of Great Britain, Italy, or West’s telephone lines. percent to 90 percent off the cost of pro- France. The largest single element of Whenever a subscriber in Harrison or Ennis viding students with the Internet. the U.S. population today is Americans dials up the Internet, their signal travels The funds come from a tax on all tele- aged 50 or older—a group that rep- along Three Rivers’ fiber optic cables to communications providers, from AT&T to resents almost 40 percent of the total Twin Bridges. From there, it joins the US local pager companies. population. Ensuring that these people West system running from Dillion to Butte, In order to apply, schools must develop a have access to affordable, quality tele- and continues to Great Falls. At Great Falls, comprehensive technology plan, in order to the signal rejoins the Three Rivers network demonstrate that the funds will be used in a phone service is especially important and travels to the cooperative’s headquarters productive manner. to all of us. in Fairfield. While some schools see the E-rate as a Coming from Montana, I have an ap- Using US West’s lines costs Three Rivers huge benefit Big Timber is planning on a 60 preciation for the unique character and about $1,600 a month, said Three Rivers Gen- percent discount, while Ennis is looking at

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11307 50 percent other schools are left out in the Now, the reason I worry so much is If confirmed, Mr. Kennard, the FCC’s cold. the Federal Communications Commis- current general counsel, would add the The Ophir School in Big Sky, for example, sion has been heading in the wrong di- expertise of a seasoned communica- doesn’t have enough low-income children to qualify, said school Principal Pat Ingraham. rection, headed toward a goal of having tions lawyer. In addition, Mr. Kennard On the other hand, Ophir doesn’t have the much higher telephone costs in rural would be the FCC’s first African-Amer- $20,000 to expand its Internet capabilities be- areas of the country. ican Chairman, and for the first time yond the one computer that is currently I will support Mr. Kennard’s nomina- in its history a majority of the Com- linked, Ingraham said. tion today, but I want everyone to be mission’s members would be of Afri- ‘‘There seems to be a hitch every time we clear that if this new board, if the new can-American or Hispanic descent. go for funding,’’ she said. ‘‘It seems it’s not Commission cannot properly define This reflects both the inclusiveness we there for you, Big Sky.’’ universal service fund support, cannot Isley at Three Rivers has no doubt that the aspire to as a society, and the freshness E-rate will improve the situation for schools read the law as we wrote it—and I we hope a reconstituted FCC will pur- like Harrison, but fears other schools will helped write it—that said comparable sue in its regulatory approach. take advantage of the program. service at an affordable price—and that But this is not just an historic mo- ‘‘My personal opinion is that this is going is not unusual English—if they can’t ment for the FCC; it is also a vitally to be the biggest boondoggle that’s ever understand that and can’t read it cor- important moment for consumers. The going to hit this country,’’ he said. ‘‘There’s rectly and can’t define universal serv- FCC’s five Commissioners control the a pot of money $2.25 billion big. There’s ice support sufficient so we don’t have regulatory destiny of industries that going to be a lot of shysters coming out of the woodwork.’’ substantial telephone rate increases account for fully one-sixth of our gross Whether it’s ripe for exploitation or not, across this country, then we ought to national product. For the consumer, the E-rate was created to help erase the dis- abolish the FCC. We don’t need the this means that the Commission’s deci- crepancies between a school like Harrison FCC and all of its staff. We don’t need sions will affect the price of a local or and schools in California’s Silicon Valley. them if they can’t make the right deci- a long-distance telephone call, how Like many Montana educators, its drafters sion. much we pay each month for cable felt that without access to computers, to- I will vote for this nomination, but I service, how many choices we will have day’s students cannot survive in tomorrow’s also want people to understand these in paging and cellphone service, and world. ‘‘If we don’t give children the skills to critical decisions must be made appro- even what we see on TV and hear on learn technology, they’re not going to have priately to provide proper universal radio. skills for the work market,’’ Bozeman’s Day service support that comports with the These would be daunting enough re- said. ‘‘They’re going to be more and more in requirements of the law—comparable sponsibilities for the new Commis- need of those skills in the next five, 10 service at an affordable price—yes, sioners in and of themselves. But last years.’’ even in the smallest towns in the most year the Congress expanded the FCC’s Mr. BURNS. I yield the floor. rural counties of this country, because duties exponentially by enacting the Mr. DORGAN. Mr. President, the that is what the Congress directed the 1996 Telecommunications Act. The act Senator from Montana expresses a universal service fund support to be in aims to introduce a heretofore-unat- good number of concerns about the uni- the years ahead. tainable level of competition and de- versal service funding issue. I, too, am Mr. President, I yield the floor. regulation into the provision of all concerned about the issue of universal The ACTING PRESIDENT pro tem- kinds of voice, video, and data services. service. The discussion this morning is pore. The Senator from Arizona. It would be nice to say that all this on the nomination of Mr. Kennard to Mr. MCCAIN. Mr. President, I want is working well. But the truth, Mr. be Chairman of the FCC. If Mr. to thank the Senator from North Da- President, is that it isn’t. The lower Kennard is confirmed, and I expect he kota for his involvement as a very ac- rates, better service, and increased will be, by the vote of the Senate tive member of the Commerce Com- competition called for by the Act have today, that means four of the five Fed- mittee and his participation now in translated, at least in the short run, eral Communication Commissioners this and a variety of other issues. The into higher rates, increased concentra- will be new Commissioners. Four of the Senator from North Dakota and I occa- tion among big industry players, and five will be new, taking office at a time sionally disagree, but those disagree- reams of new regulations. In addition, when we face some of the most critical ments are not disagreeable, and he is recent court cases have all but gutted decisions we have ever faced at the one of the most well-informed members the FCC’s plans for making local tele- FCC. of the committee. I note the presence phone service competitive. The Senator from Montana made the of Senator HOLLINGS, the distinguished In my view, the act has been an ab- point that the universal service fund is ranking member on the floor, who I ject failure in attaining any benefits critical. It certainly is critical to the know has a statement to make, as well. whatsoever for the average consumer, area that I come from. I come from a First, Mr. President, I recommend and it’s difficult to see any improve- town of 300 people, from a county the that the Senate vote to confirm the ment in the offing. That is absolutely size of the State of Rhode Island, that nomination of William E. Kennard as a unacceptable. And that, Mr. President, has 3,000 people in the entire county. member of the Federal Communica- is why we are casting individual votes Now, why is the universal fund issue tions Commission where he will serve on Mr. Kennard’s nomination this critical? Because if you don’t provide as the Commission’s new Chairman. morning. As the FCC’s general counsel, universal fund support for telephone The fact that the full Senate is debat- he is unavoidably linked with FCC’s service in the high-cost areas, it will ing and casting individual votes on Mr. failed and flawed implementation of mean many areas of this country will Kennard’s confirmation underscores the act to date. We are therefore anx- not have good telephone service, be- the importance to the American people ious that Mr. Kennard understand the cause a whole lot of folks won’t be able of the decisions the Senate is making dissatisfaction with what is occurring to afford it. about the FCC. and that he be responsive and flexible The FCC estimated that in my home- For the first time since it was estab- in addressing our concerns. The FCC is, town it would cost $200 a month to lished in 1934, the Senate is filling four after all, an agency created by the Con- build and maintain a new network to vacancies on this five-member Com- gress. Its primary responsibility is to provide telephone service—$200 a mission. Last night the Senate con- implement and enforce the will of Con- month—but of course in a very large firmed the nominations of three of gress, pursuant to authority delegated city that might be $10 a month. So these new members: Michael K. Powell, to it by Congress. Some of our mem- what we have done in this country his- an antitrust lawyer; Harold Furchgott- bers are very concerned that Mr. torically is to have universal service Roth, an economist; and Gloria Kennard may be so tied to the FCC’s support for the high-cost areas so that Tristani, a state commissioner. The current policies that he will be not they have comparable telephone serv- combination of expertises they bring to fully responsive to congressional con- ice at affordable rates. That is what the FCC will make an invaluable con- cerns about them. the whole premise of universal service tribution to the quality of its deci- These concerns have led to sequential has been about. sions. questions by myself, Senator BURNS,

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11308 CONGRESSIONAL RECORD — SENATE October 29, 1997 Senator STEVENS, Senator BROWNBACK, I was very pleased to hear the chair- consumers. I think that, as FCC gen- Senator HELMS, and others about Mr. man’s statement that it is his belief eral counsel, Bill Kennard has the ex- Kennard’s ability and willingness to re- that Mr. Kennard possesses an ‘‘un- perience to help see these reforms examine and change policies of the blemished reputation’’ for candor and through. FCC that we believe misinterpret the integrity. I appreciate his comments I happen to believe he will be an inde- law and harm consumers. These con- and believe they have been well stated. pendent and a strong voice, yet respon- cerns are only heightened by the very As California’s Senator, I am particu- sive to the concerns that the distin- public way in which the administration larly pleased to rise in support of the guished chairman has pointed out. I am has sought to involve itself in the de- President’s nomination. pleased to add a California voice and to liberations of this supposedly inde- Bill Kennard has very strong Cali- support this distinguished nominee. pendent regulatory agency. fornia roots. He was born in Los Ange- I thank the Chair and I yield the Obviously, I do not agree with Mr. les. He graduated with honors from my floor. Kennard on many issues. For example, alma mater, Stanford University. He Mr. HELMS addressed the Chair. he believes that the FCC can and then attended Yale Law School. The ACTING PRESIDENT pro tem- should tell broadcasters what kinds of Bill Kennard’s family also has strong pore. The Senator from North Carolina programming they must present. I ve- California roots. His father, Robert is recognized for 5 minutes. hemently disagree. He believes that the Kennard, now deceased, was a very Mr. HELMS. I thank the Chair and I FCC’s current policies on telephone well-regarded architect in the Los An- thank the managers of the bill. competition are working. I vehemently geles area. He formed the largest con- Mr. President, we have been working disagree. I am also troubled by the fact tinuously operating African-American with Senator MCCAIN and Senator HOL- that, when asked, he was unable to architectural practice in the western LINGS and their staffs and, of course, specify any particular issue with which United States and also served as the William Kennard. I met with him for he might have disagreed with the founding member of the National Orga- some time in my office. Mr. Kennard is FCC’s current chairman—despite the nization of Minority Architects. the nominee to be Chairman of the fact that the FCC had disposed of thou- His mother, I want this body to Federal Communications Commission, sands and thousands of issues during know, is also a distinguished person. as you know. Now, all of us—and I his tenure as its general counsel. That She grew up in the great Central Val- think it is fair to include Mr. did not bode will for the independence ley of California. She received a mas- Kennard—want to rectify an awkward of his approach to governing the FCC. ter’s degree in bilingual education and and unjustifiable situation that has de- Mr. President, I am going to vote in has worked in the field of bilingual veloped in the Federal Communica- favor of his confirmation, and I will education in Los Angeles. tions Commission process of awarding tell you why. Mr. Kennard has an un- The President’s nomination is, in broadcast licenses. Specifically, in this blemished reputation for intelligence fact, a historic one. Following his con- case, a well-known and highly re- and integrity, and I find him to be an firmation, he will be the first African- spected and popular broadcasting exec- individual with whom I believe we can American to serve as FCC Commis- utive in Asheville, NC, was curiously work in an atmosphere of mutual can- sioner in the history of the United disqualified in his application for an dor and respect. States. He is well prepared for the chal- FM frequency in the Asheville area. In the final analysis, Mr. President, I lenges ahead of him. He has a broad There was a lot of resentment in the believe it is neither reasonable nor nec- telecommunications background in public about that. essary that all members of the Senate both the public and the private sector What happened, Mr. President, was endorse the current policies of the FCC and an impressive range of experiences that this gentleman, Zeb Lee, of Ashe- or Mr. Kennard’s personal policy predi- that, I believe, will serve him well and ville, and 12 other groups, had applied lections. It is much more important serve the Nation well. for the FM frequency when it became that the Senate understand how dif- Since 1993, as the chairman men- available in 1987. The Commission’s ficult the issues are that Mr. Kennard tioned, Bill Kennard has served as FCC comparative hearing process, in effect is going to be called upon to decide, general counsel. He has represented the at that time, was used to determine and that we undertake to work closely Commission before the courts and which group would be the most quali- and collaboratively with him in resolv- served as its principal legal advisor. In fied for the frequency. ing them. I give you my promise, as that capacity, he has defended the Zeb Lee had run station WSKY–AM chairman of the Commerce Committee, commission well. in Asheville for 46 years, during which to exercise the committee’s oversight Bill Kennard was a partner in the time he did the play-by-play for about responsibility exactingly and continu- Washington law firm of Verner, 4,000 high school football games, and by ously, and I know the members of the Liipfert, Bernhard, McPherson & Hand, sponsoring such public interest things committee are as committed to this specializing in communications law. He as an Elvis Presley concert in 1955, task as I am. has served as assistant general counsel which I would not have listened to, but On this basis, Mr. President, I am of the National Association of Broad- most people did want to hear it. But he pleased to support the confirmation of casters. made so many innovations in broad- William E. Kennard as Chairman of the I also know that he has been involved casting that he became just a house- Federal Communications Commission. in the needs of his community here in hold word, in terms of his name. He is Mr. President, I reserve the balance Washington and has served on the enormously popular to this day. of my time. Well, Mr. President, in 1989, a 20-day Mrs. FEINSTEIN addressed the board of a nonprofit homeless shelter. With this committee’s leadership, the hearing was held during which an FCC Chair. The ACTING PRESIDENT pro tem- Congress was able to pass the most administrative law judge disqualified pore. The Senator from California is comprehensive communications legis- most of the other applicants because recognized. lation since passage of the 1934 Com- the judge ruled that they either lacked Mrs. FEINSTEIN. I thank the Chair. munications Act, upgrading our tele- experience, didn’t have transmitter fa- The ACTING PRESIDENT pro tem- communications law to address modern cilities ready to go, or were basing pore. Who yields time to the Senator? telecommunications needs. their application purely on provisions Mr. HOLLINGS. Mr. President, I The 1996 act sought to develop a reg- favoring minorities—women and oth- yield such time as is necessary to the ulatory framework that provides the ers. The judge found for the Lees, rul- distinguished Senator from California. benefit of competition for consumers, ing in their favor on May 4, 1990. The The ACTING PRESIDENT pro tem- spurs the development of new products judge found that the Lees were the pore. The Senator from California is and reduces costs, while it also re- most qualified, citing their stewardship recognized. moves unnecessary regulatory barriers. of the AM station and Mr. Lee’s com- Mrs. FEINSTEIN. Mr. President, I Congress has set the stage for a new mitment of involvement in the day-to- thank the ranking member of the com- telecommunications era, and we need day management of the station. The mittee and I also thank the chairman to ensure that that law is implemented FCC then favored active involvement of the committee. properly and that it works fairly for by owners in the day-to-day operations

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11309 of a radio station, as opposed to passive Senators should note that Mr. cided under the old rules by an ALJ and in investors who would not be active man- Kennard clearly feels the FCC can con- some cases decisions made by the full Com- agers. I think that is the way to go, as duct hearings on this small group and mission, although these decisions may have been on appeal. In those cases, the parties a former broadcaster. class of applicants using new compara- often had spent many years and hundreds of In any case, Mr. President, in addi- tive criteria. thousands of dollars to advance their appli- tion to the first ruling in favor of Zeb In any event, Mr. President, I then cations under the old rules. Do you believe Lee and his people, on April 8, 1991, the consulted and wrote to the able chair- that it would be more equitable not to apply FCC Review Board affirmed the admin- man of the Senate Commerce, Science, auction procedures to the cases which were istrative law judge’s ruling. And then and Transportation Committee, Mr. far along in the process, where the appli- on February 28, 1992, the FCC released MCCAIN, seeking assurance that Sen- cants had played in good faith under the old rules, and to instead have those cases de- its first decision favoring the Lees and ator MCCAIN now agrees that the provi- cided using any existing hearing record pur- a second decision also favoring the Zeb sions in the Balanced Budget Act of suant to such special rules as the Commis- Lee application was released, I believe, 1997 do not prohibit the FCC from using sion might adopt for deciding them? on November 23, 1992. the comparative process in these 25 or I do believe that the Bechtel decision has So on June 14, 1993, the FCC released 30 cases. caused unfairness to many applicants who a third ruling favoring the Lees. I ask unanimous consent that copies have had further processing of their applica- Well, Mr. President, you might say, of my letter and Senator MCCAIN’s re- tions delayed and, as a result of that court decision, will necessarily have their applica- ‘‘Why is HELMS going to speak today sponse be printed in the RECORD at the tions processed under new procedures. I am talking about this nominee and this conclusion of my remarks. quite sympathetic to their predicament. situation in Asheville, NC.?’’ The ACTING PRESIDENT pro tem- That is why the Commission argued to the The FCC granted a construction per- pore. Without objection, it is so or- court in Bechtel that the court’s decision mit to the Lees on April 30, 1993, fol- dered. should only apply to new cases. Unfortu- lowing which they began the construc- (See exhibit 2.) nately the Commission was not successful tion process. So it went through a se- Mr. HELMS. I thank the Chair. and the court rejected this argument. As ries of regulatory twist and turns in Mr. President, I have been given as- noted above, the issue of what those proce- which the Lees complied with every surances satisfactory to me by Mr. dures will be, that is, whether some or all pending applications should be auctioned or order and requirement issued by the Kennard that he will, within statute decided pursuant to some new, yet-bo-be de- FCC and the administrative law judge, and regulation, work in good faith with veloped criteria, will be a subject of the who stipulated that Mr. Lee must dis- me and others to resolve the problems Commission’s rulemaking proceeding imple- pose of his AM station as a condition the Bechtel decision caused. menting the Balanced Budget Act of 1997. for acquiring that FM license—which I was very impressed when Mr. The Commission certainly may consider as Mr. Lee did. Amazingly, on June 18 of Kennard came to my office and met part of that rulemaking proceeding any ar- this year, the FCC which had reversed with me about 3 weeks ago. I appre- guments that particular classes of pending applicants should be treated differently. itself on June 2, forced the Lees off the ciate his voluntary assurance that he c. The U.S. Court of Appeals in the Bechtel air. will work with us on the Zeb Lee case. case ordered the Commission to issue new Zeb Lee has asked the U.S. Court of Therefore, Mr. President, I support the comparative rules. Although the Commis- Appeals to examine the manner in nomination, and I am going to ask for sion never formally adopted such new rules, which the FCC handled his application, the yeas and nays. I hope that he will its staff, including your office, prepared which led to his being taken off the air. be confirmed unanimously by the Sen- draft rules to respond to the Court’s order. The court will shortly issue a decision ate. Please summarize how those draft rules would have dealt with pending cases, and in the near future. EXHIBIT 1 comment on whether those drafts might be Mr. President since April 30, 1993, the RESPONSES OF WILLIAM E. KENNARD TO POST- suitable and readily adaptable for use in re- U.S. Court of Appeals in the Bechtel HEARING QUESTIONS SUBMITTED BY SENATOR solving at least those pending cases that had case of December 17, 1993, struck down CONRAD BURNS ON BEHALF OF SENATOR reached the point where an initial decision the ‘‘comparative process’’ that had JESSE HELMS had been issued based on a hearing record. been used to determine allocations of 1. As you know, the recent budget legisla- The FCC staff presented a draft order to radio and television frequencies. The tion included a provision that appear[s] to the Commission earlier this year. In that require the FCC to apply auction procedures draft, the staff recommended that pending court directed the FCC to come up with hearing cases be resolved by a lottery pursu- new comparative standards. The Lees to pending applications for radio stations. These provisions were reportedly aimed at ant to section 309(i) of the Communications and about 25 to 30 other people were af- resolving the applications that have been in Act. The Balanced Budget Act of 1997 elimi- fected by this decision. limbo since the Bechtel case struck down a nated the Commission’s authority to use lot- But their cases have been frozen ever part of the FCC’s rules governing compara- teries for these cases, so the staff proposal is since. Additionally, a provision in the tive license application proceedings. Please no longer an option. Balanced Budget Act of 1997, which clearly state your views in response to the EXHIBIT 2 went into effect July 1, required that following questions: U.S. SENATE, all radio and television frequencies be a. In your opinion, is the FCC now required Washington, DC, October 21, 1997. subject to auction. This provision con- to apply these auction provisions to all pend- Hon. JOHN MCCAIN, ing application cases, or does the FCC have Chairman, Senate Committee on Commerce, cerned me because Zeb Lee’s case and discretionary authority not to handle pend- another 25 to 30 cases were in the pipe- Science, and Transportation, Washington, ing cases through this auction approach? DC. line and could be subject to auction In the Balanced Budget Act of 1997, Con- DEAR JOHN: My folks have conducted nu- which nobody anticipated. gress required the FCC to use auctions to re- merous discussions with your good people I find no fault with the provision in solve all future comparative broadcast pro- about the FCC treatment of Zeb Lee, a long- the balanced budget legislation, but it ceedings involving commercial stations. For time Asheville broadcaster, in response to crept in the back door on Mr. Lee and pending applications, the statute states that Lee’s attempt to secure an FM radio station. the others. the Commission ‘‘shall have the authority’’ (Zeb and approximately 25 to 30 other appli- to use auctions. The Conference Report So, to get to the meat of the coconut, cants were left stranded in the regulatory states that this provision ‘‘requires’’ the process by the Bechtel court decision.) Mr. President, I submitted questions to Commission to use auctions for pending Additionally, I understand these 25 to 30 Mr. Kennard through Senator BURNS’ cases. The Commission will be determining applicants are not affected by the provision Commerce Communications Sub- in a rulemaking proceeding implementing requiring the auctioning of all radio and tel- committee about all of this. I ask the Balanced Budget Act of 1997 how it evision licenses that was included in the Bal- unanimous consent that the nominee’s should proceed with these pending cases. The anced Budget Act of 1997, which went into ef- responses be printed in the RECORD at statutory language suggests that the Com- fect July 1 of this year. the conclusion of my remarks. mission has discretion to use comparative The FCC contends that it interprets this proceedings for pending cases. provision as giving the Commission the au- The ACTING PRESIDENT pro tem- b. While most of the pending comparative thority to decide whether these 25 to 30 ap- pore. Without objection, it is so or- cases had not gone through a hearing before plicants be judged on the basis of the com- dered. an administrative law judge, and had at least parative hearing process. John, I do hope (See exhibit 1.) an initial decision issued, a relatively small that you agree that this is a proper interpre- Mr. HELMS. I thank the Chair. number of these cases had in fact been de- tation.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11310 CONGRESSIONAL RECORD — SENATE October 29, 1997 Furthermore, in the future if the courts I yield the floor. The telecommunications industry has question this interpretation for these appli- Mr. MCCAIN addressed the Chair. seen incredible technological advances cants, I do hope that you will reaffirm this The ACTING PRESIDENT pro tem- made over the last two decades. As a interpretation and move related legislation pore. For the information of the Sen- result, the responsibilities and scope of swiftly through the Senate. 1 Many thanks, John. ator from Arizona, he has about 3 ⁄2 the FCC have increased dramatically. Sincerely, minutes. Today, it is more important than ever JESSE. Mr. MCCAIN. Thank you, Mr. Presi- for FCC Commissioners to be able to dent. respond and adapt to these changes in U.S. SENATE, COMMITTEE ON Mr. President, I thank the Senator a timely manner. COMMERCE, SCIENCE, AND from North Carolina for his coopera- Recently, the FCC issued a regula- TRANSPORTATION, tion on what is a very important issue tion that will have a profound impact Washington, DC. October 23, 1997. with one of his constituents, and one of on the trucking industry nationwide. Hon. JESSE HELMS, great importance to him. I am grateful While ordinarily one would not think U.S. Senate, of an FCC action having an adverse im- Washington, DC. for his cooperation and that of his staff DEAR JESSE: I am aware of your concern in resolving it. pact on trucking companies, such is over whether Section 3002(a) of the Balanced I reserve the remainder of my time. not the case in this situation. On Octo- Budget Act would permit the Federal Com- Ms. MOSELEY-BRAUN. Mr. Presi- ber 9, the FCC issued a regulation im- munications Commission to use comparative dent, I strongly support the nomina- plementing a provision of last year’s hearings where mutually-exclusive applica- tion of William Kennard to serve as Telecommunications Act, which di- tions have been filed for initial licensees or Chairman of the Federal Communica- rected the FCC to provide for adequate construction permits for commercial radio tions Commission, and I urge all of my compensation of pay phone operators. and television stations. As a principal pro- colleagues to do the same. The new FCC regulation ordered long- ponent of this part of the legislation, I am distance companies to pay payphone happy to have this opportunity to respond to There is perhaps no industry that has your question. undergone more rapid or greater owners 28.4 cents per call for each call Section 3002(a) specifically states that, change than the telecommunications to a toll-free number unless the with respect to competing applications filed industry. In terms of technology, own- payphone owner and the long-distance before July 1, 1997, the Commission ‘‘shall ership, and opportunities, the commu- company have a contract specifying a have the authority to conduct’’ auctions. nications industry has literally under- different rate. The charge applies to Therefore, the Commission’s authority to gone a revolution. These changes will both customer toll-free numbers and to conduct auctions in these situations is clear- create opportunities for consumers, ex- company access numbers, including ly and explicitly permissive, not mandatory. those on prepaid calling cards. The Moreover, the statute contains no provision isting companies, and new entrants. In affecting the Commission’s existing author- the coming years, the FCC will face charge became effective immediately. ity to hold comparative hearings, although enormous challenges as it attempts to Long-distance carriers, in turn, are it does explicitly repeal the Commission’s cope with these changes and finishes passing this charge along to their cus- authority to conduct lotteries. Read to- implementing the provisions of the tomers. The carriers are not limited to gether under long-established principles of Telecommunications Act of 1996. a set charge and as a result the amount statutory interpretation, there can be no No one is more prepared for that being charged varies depending on the doubt that these provisions: (1) permit, but challenge than Bill Kennard. He has carrier. do not require, the use of auctions to select demonstrated exceptional leadership Pay phones are the life line between initial licensees for commercial radio and the Nation’s 3.2 million truck drivers television stations; and (2) that the Commis- and mastery of the issues during his 4 years as general counsel of the FCC, and their home offices. A driver will sion is (a) permitted, but not required, to use call in numerous times during the day comparative hearings to select such licens- and his many years as a telecommuni- ees or permittees in cases where it deter- cations lawyer. When I think of Mr. and in most cases will talk no longer mines that auctions should not be used, but Kennard, I think of something that than 2 minutes. Nevertheless, under (b) is not permitted to use lotteries to select Jean-Claude Paye, former Secretary this new rule, the trucking company licensees or permittees for any service. General of the Organization for Eco- will be charged each time a driver calls As to the impact of legislative history nomic Cooperation and Development, in. (conference reports, floor statements, and Arkansas has been fortunate to have said of the changing times in which we other such collateral material), it is a basic a significant trucking industry based live. He said that societies concerned tenet of statutory interpretation that where, in our State. Some of the largest as here, the letter of the law is unambiguous about their economies ought to look to trucking companies in the Nation are on its face, legislative history cannot be read their fraying social fabric, as economic headquartered there. This new regula- to override it. Therefore, any such state- growth is the weave of national char- ments that appear inconsistent with the tion will have a devastating effect on acter. The waft of it, he said, are the their business costs. For instance, in clear terms of the statute cannot be inter- people who embrace and master social preted to contradict it or to call it into ques- the case of J.B. Hunt Trucking, it is es- tion. change. timated that this new regulation will Finally, in the unlikely event that any fu- Bill Kennard is one of those individ- increase the company’s phone bill by ture court opinion misconstrues the statute, uals. He will bring to the helm of the approximately $200,000 a month. This I will do whatever is necessary to secure the FCC not only an understanding of the will equate to $2.1 million annually. passage of legislation that will restate the industry and the economics, but the so- Smaller trucking firms have also terms of the statute as reflected in this let- cial and societal implications of the contacted me and said their phone bills ter. issues that he will address as Chairman are projected to double under this new I sincerely trust this will answer your of the FCC. questions fully. I would be pleased to provide rule. A small business is completely you with anything further you might wish Mr. President, I expect great things unable to absorb an increase of this on this issue at any time you feel it would be from Bill Kennard and I look forward magnitude. helpful. to working closely with him as he When it comes to using payphones, Sincerely, steers the telecommunications indus- the trucking industry is virtually a JOHN MCCAIN, try into the 21st century. I commend captive consumer. There is no real al- Chairman. the President for choosing such a ternative and no option to avoid pay- Mr. HELMS. Mr. President, if it is in qualified and competent individual for ing what is, in effect, a very expensive order and agreeable to the manager of this duty, and I hope that every one of tax. this nomination, I ask for the yeas and my colleagues will support his nomina- Mr. President, we need to explore al- nays. tion. ternatives to provide some relief to The ACTING PRESIDENT pro tem- I thank the managers of this nomina- this industry. I will be contacting the pore. Is there a sufficient second? tion, and I yield the floor. FCC Commissioners to work with them There is a sufficient second. Mr. HUTCHINSON. Mr. President, I on this problem and I would encourage The yeas and nays were ordered. rise today in support of the nomination my colleagues to do the same. Mr. HELMS. I thank the Chair. I of William E. Kennard to the Federal The ACTING PRESIDENT pro tem- thank the manager. Communications Commission [FCC]. pore. Who requests time?

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11311 Mr. HOLLINGS addressed the Chair. tion does not come with a money-back Mrs. BOXER. Thank you. The ACTING PRESIDENT pro tem- guarantee. The Congress did not guar- Mr. President, I am pleased to add pore. The Senator from South Caro- antee any incumbent continued my voice to support the nomination of lina. marketshare. Nor did the Congress William Kennard to be the Chairman of Mr. HOLLINGS. Mr. President, I guarantee that competitors would gain the Federal Communications Commis- thank the distinguished Chair. marketshare. What the Congress at- sion, and I am proud to say that he is Mr. President, I am privileged to sup- tempted to guarantee was the right to a native of my home State of Cali- port the confirmation of Bill Kennard’s compete under certain conditons. It fornia. I join with Senator FEINSTEIN nomination to be Chairman of the Fed- will be the FCC’s job to enforce those today in this moment of pride. eral Communications Commission. You conditions to bring the benefits of com- Bill Kennard’s experience and knowl- will find no one more qualified than petition to consumers. More impor- edge of communications issues will be William Kennard. tantly, though, its job will be to pro- extremely important in helping the Mr. President, today, the Senate will tect consumers where competition and FCC deal with the many, many dif- consider the nomination of William the marketplace fail. ficult challenges it faces. He has been Kennard for Chairman of the Federal As the FCC decides each of these their general counsel since 1993 serving Communications Commission [FCC]. issues, the most important aspect of its as the principal legal adviser of the Mr. Kennard has spent his career in responsibility is to safeguard the pub- agency during an extraordinary period the communications field—as a first lic interest. The FCC’s job is to protect in the history of communications. amendment attorney with the National consumers by promoting competition The last 4 years have seen dramatic Association of Broadcasters; as a com- and removing barriers to entry or, in changes in communications tech- munications lawyer in private practice; the alternative, enforcing regulation nology, communications markets, and and the last 3 years as general counsel where competition does not exist. communications policy. We know one Mr. President, you will find the frus- of the FCC. Mr. Kennard brings a tre- important thing is for certain. There tration of those addressing this par- mendous amount of experience to the will be more historic changes almost job at a critical time in the commu- ticular subject comes about from a failure of implementation by the pri- every month and every week in this nications industry. A great deal of area. work remains to be done to fully imple- vate industry itself. We worked for 4 years on the Telecommunications Act In a series of historic decisions, the ment the 1996 act. He is eminently that passed last year. It is noted that FCC has rewritten the rules governing qualified for the task at hand. we had 95 votes. A strong bipartisan every lane of the information super- The overarching goals of the 1996 act support was worked out to the satisfac- highway—local, long distance, inter- are to preserve Universal Service, and tion of all the entities. Now we find national telecommunications, sat- to provide a transition from monopoly some of those entities coming in and ellite, spectrum, broadcast television, to open competition. Mr. Kennard un- petitioning and enjoining and appeal- and multichannel TV. derstands that neither of these objec- ing to the U.S. Supreme Court. There Bill Kennard has a bird’s-eye view of tives will happen on their own accord. are some 73 local carriers that now these important changes, providing ex- It will be the responsibility of Mr. have enjoined their local commissions. cellent advice and counsel to the FCC Kennard, the three new commissioners You will find one particular RBOC Chairman and Commissioners. confirmed last night, along with Com- that has petitioned the Court on the Prior to joining the FCC, Bill missioner Ness, to fulfill these objec- constitutionality of what we enacted Kennard practiced communications tives by balancing the competing inter- after they sent a wonderful letter in law for several years where he special- ests of industry with the public inter- support of what we enacted. ized in broadcast, cable TV, and cel- est. What you are seeing on behalf of the lular matters. He knows where the For the past 20 months, the FCC has industry overall is a freezing of the communications world has been. And been doing its best to implement the board by the majority. And there has he has a strong vision for the future of Telecommunications Act of 1996. The been very little movement of cable into the communications world. rules adopted by the FCC have gen- telephone, telephone into cable and I urge the Senate to give unanimous erated a great deal of controversy and RBOC into long distance. They have approval to this very important nomi- subsequent litigation. Most of those not met the so-called checklist, and nation. issues are either pending in the courts have held up on it. That is what is real- I yield my time to the Senator from or before the FCC on reconsideration. ly in force. South Carolina. So it goes without saying that Mr. So some of these mergers could well The ACTING PRESIDENT pro tem- Kennard will have a very important, break it loose in the telecommuni- pore. The Senator from South Caro- and sometimes difficult, job ahead of cations wall—again, the wall of com- lina. him. petition. Mr. HOLLINGS. I thank the distin- First, and foremost, the new Com- Mr. Kennard, I am convinced, under- guished Chair. mission must understand that the Uni- stands what is going on. He would have I think the distinguished Senator versal Service System we have today is to at the Commission level as the gen- from New Jersey has his own time. I a mechanism designed to maintain eral counsel. I hope under the law and would be delighted to yield whatever low-cost affordable phone service in the requirements of public interest and time is necessary. rural and high-cost areas. These areas in balancing all of the interests of the The ACTING PRESIDENT pro tem- of the country would not have had tele- various carriers with that public inter- pore. The Senator from New Jersey is phone service, much less any economic est in mind that we can move forward. recognized. development, were it not for the Fed- So I appreciate the situation and Mr. TORRICELLI. I thank very much eral support and Government mandate would be delighted to yield to others. the Senator from South Carolina for Mrs. BOXER addressed the Chair. of Universal Service. The Commission The ACTING PRESIDENT pro tem- yielding the time. should be vigilant to maintain Uni- pore. The Senator from California is Mr. President, I am very pleased to versal Service and its attendant bene- recognized. join in recommending to the Senate fits. Mrs. BOXER. Mr. President, what is William Kennard to be Chairman of the The second issue is the promotion of the order? Federal Communications Commission. competition across the various indus- The ACTING PRESIDENT pro tem- By his record as general counsel, Mr. tries. Much of the deregulation of the pore. I understand the Senator from Kennard’s tenure as Chairman of the act was premised on the commitments South Carolina yielded to the Senator Commission promises to be both able made by industry to compete with each from California. and insightful at a time of extraor- other. Now some segments of the in- Mr. HOLLINGS. I would be glad to dinary technological change in the dustry are having second thoughts yield that time. Go right ahead. United States. about competition. The grand plans The ACTING PRESIDENT pro tem- Yesterday, at my request, this nomi- pledged to the Congress over 2 years pore. The Senator from California is nation was held until today so I would ago no longer seem so grand. Competi- recognized. have an opportunity to meet with Mr.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11312 CONGRESSIONAL RECORD — SENATE October 29, 1997 Kennard. What may be the best proof is a half-million residents without water Mr. FORD. Mr. President, I under- former Speaker O’Neill’s maxim that for nearly 3 days, a local FM station stand there is some time left to discuss ‘‘all politics is local.’’ At a time when was the only source of live coverage the nominee? the Commission is dealing with great from the scene of the break and the The ACTING PRESIDENT pro tem- national and, indeed, global issues, in only source of continuous, round-the- pore. The Senator is recognized. this moment of extraordinary change clock reports throughout the emer- Mr. FORD. I thank the Chair. in the industry, I needed an oppor- gency. Again during the recent explo- Mr. FORD. Mr. President, I join my tunity to address with Mr. Kennard a sion of the Napp Chemical plant in colleagues today in voicing my strong continuing problem with the Commis- Lodi, NJ, a local FM station was the support for the nomination of William sion in my own State of New Jersey. primary source of onsite news and in- Kennard to serve as Chairman and For 15 years my predecessor, Senator formation about the risks of possible member of the Federal Communica- Bradley, brought to this body the con- toxic fumes which originated from the tions Commission. tinuing problem that the 8 million peo- plant. Also, for years local FM service With the passage of the Tele- ple of the State of New Jersey are has provided extensive school closing communications Act of 1996, the Fed- largely without internal communica- reports during snowstorms, and noti- eral Communications Commission tion because of the dominance of Phila- fied the public of road conditions and faces the daunting challenge of being a delphia and the city of New York in other weather-related emergency infor- regulatory agency that will promote a television and radio. Indeed, New Jer- mation. deregulated telecommunications indus- sey alone, through most of this cen- However, the survival of FM service try. The FCC requires a leader who will tury, has been without a commercial in Bergen County has recently been be able to charter the agency and the television station until Senator Brad- threatened by another Washington reg- industry through these unchartered ley led the effort to bring one of those ulatory bureaucracy out of touch with waters. licenses to the State of New Jersey. the people it is supposed to serve: The Mr. Kennard brings a keen under- The State still, in its commercial, po- Federal Communications Commission standing of the telecommunications in- litical and cultural development, is not [FCC]. Mr. President, I am here today dustry and superb academic credentials properly served. That problem has now to ensure that the FCC does not suc- to the agency. His years of experience repeated itself with New Jersey’s larg- ceed in ending FM service for Bergen as the FCC’s general counsel have pro- est county, home to nearly a million County. This is a matter of principle, vided him with the experience and in- people in Bergen County, NJ, which and it is the right thing to do for the sight to hit the ground running. I am may be without FM radio service. I residents of my State. Until the advent confident that he has the leadership know in the great plethora of issues of local FM service, the residents of qualities to effectively lead the multi- this does not seem like a significant Bergen County had to rely upon radio member agency and to forge the con- question unless you live in the State of stations in New York City to provide sensus needed for the FCC to accom- New Jersey. them with their news and information. plish the goals of the 1996 act. He will Bergen County, NJ, is host to more Unfortunately, radio stations in New being keen intellect, good judgment, Fortune 500 corporations than all but a York City focus on the news and needs and common sense to the office of few counties in America. It is one of of the residents of that city, and often- Chairman and to the agency as a the highest income counties in the en- times ignore those living in the New whole. tire United States of America and, in- Jersey suburbs. I believe that Mr. Kennard is an out- deed, has more people than six States Bergen County has more than 70 mu- standing nominee. I am convinced, in the United States of America. But nicipalities and school districts, six through my personal experiences of from everything from its internal po- State legislative districts, two congres- meeting him as well as from discus- litical debate to news about emer- sional districts, 231 square miles, and a sions from around the entire tele- gencies within the county to the sim- population larger than the States of communications industry, that he will ple matter of school closings due to Alaska, Montana, North Dakota, South serve with distinction. I strongly sup- weather, people are unable to get basic Dakota, Vermont, Wyoming, and the port his nomination and encourage my information. Those licenses rest in the District of Columbia. It is a county of colleagues to do the same. I look for- city of New York. Indeed, most of them tremendous size and importance, and it ward to working with Chairman should. But one, at least one of them, deserves an FM news and information Kennard in the future and offer him my as, indeed, with one television station, source of its own. congratulations on his confirmation. should be in this area of suburban New Yesterday, I met with William I suggest the absence of a quorum. Jersey. Kennard, the President’s nominee to be The PRESIDING OFFICER (Mr. ROB- I spoke at length yesterday with Mr. Chairman of the FCC, and I am con- ERTS). The clerk will call the roll. Kennard. I am convinced that he is as fident that the commissioners of the The legislative clerk proceeded to sensitive to the problem that the Com- agency will work with my office to pre- call the roll. missioners responded to for Senator serve FM service for Bergen County. If Mr. FORD. Mr. President, I ask unan- Bradley on previous occasions and that the FCC is to continue in its mission to imous consent that the order for the under Mr. Kennard’s leadership the ensure broadcast capability for the quorum call be rescinded. Commission will respond as well in public interest, then the commis- The PRESIDING OFFICER. Without sensitivity to both the ongoing tele- sioners must end this instance of objection, it is so ordered. vision problem but also this new di- broadcast discrimination against the The question is, Will the Senate ad- lemma of how to ensure a continued people of Bergen County, NJ. vise and consent to the nomination of FM radio presence. Therefore, I was I yield my time to the Senator from William E. Kennard, of California, to very pleased last night to have partici- South Carolina. be a member of the Federal Commu- pated in asking that the nomination The ACTING PRESIDENT pro tem- nications Commission. The yeas and come to the floor today and am very pore. Who seeks recognition? nays have been ordered. The clerk will pleased today to rise in support of Mr. Mr. HOLLINGS. Mr. President, I sug- call the roll. Kennard’s nomination. gest the absence of a quorum. The legislative clerk called the roll. For years, the 840,000 residents of The ACTING PRESIDENT pro tem- The result was announced—yeas 99, Bergen County have relied on local FM pore. The clerk will call the roll. nays 1, as follows: radio in order to receive valuable traf- The assistant legislative clerk pro- [Rollcall Vote No. 284 Ex.] fic, weather and news information, as ceeded to call the roll. well as popular music entertainment. Mr. FORD. Mr. President, I ask unan- YEAS—99 Indeed, on multiple occasions, this imous consent that the order for the Abraham Biden Bryan Akaka Bingaman Bumpers service has served as a crucial link be- quorum call be rescinded. Allard Bond Byrd tween the residents of Bergen County The ACTING PRESIDENT pro tem- Ashcroft Boxer Campbell and critical emergency information. In pore. Without objection, it is so or- Baucus Breaux Chafee 1996, when a water main break left over dered. Bennett Brownback Cleland

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11313 Coats Harkin Moseley-Braun Chafee-Warner amendment No. 1313 (to lan- Byrd-Gramm-Baucus-Warner amend- Cochran Hatch Moynihan guage proposed to be stricken by the com- ment. I think when all Members thor- Collins Helms Murkowski mittee amendment, as modified), of a per- Conrad Hollings Murray oughly review the Domenici-Chafee Coverdell Hutchinson Nickles fecting nature. Chafee-Warner amendment No. 1314 (to amendment they will find that it is not Craig Hutchison Reed an alternative at all. Rather, it is an D’Amato Inhofe Reid amendment No. 1313), of a perfecting nature. Daschle Inouye Robb Motion to recommit the bill to the Com- effort designed to obfuscate and con- DeWine Jeffords Roberts mittee on Environment and Public Works, fuse Senators into thinking that they, Dodd Johnson Rockefeller with instructions. the authors of the amendment, have Domenici Kempthorne Roth Lott amendment No. 1317 (to instructions Dorgan Kennedy Santorum accomplished the same ends as the of the motion to recommit), to authorize Byrd-Gramm amendment. Durbin Kerrey Sarbanes funds for construction of highways, for high- Enzi Kerry Sessions Senators ought not be confused. I can Faircloth Kohl Shelby way safety programs, and for mass transit Feingold Kyl Smith (NH) programs. understand how they are being con- Feinstein Landrieu Smith (OR) Lott amendment No. 1318 (to amendment fused, however. There have been no dis- Ford Lautenberg Snowe No. 1317), to strike the limitation on obliga- cussions of the Chafee-Domenici Frist Leahy Specter tions for administrative expenses. Glenn Levin Stevens amendment on the floor. There has Gorton Lieberman Thomas Mr. BYRD. Mr. President I thank the been discussion of it in memos that Graham Lott Thompson Chair. have been passed around, letters, arti- Gramm Lugar Thurmond Mr. President, has the time under the cles in various publications, one of Grams Mack Torricelli Pastore amendment run its course? Grassley McCain Warner which was Congress Daily on yester- Gregg McConnell Wellstone The PRESIDING OFFICER. The Sen- day, which was not accurate in many Hagel Mikulski Wyden ator is advised that the Pastore rule ways. Inasmuch as there has been con- NAYS—1 will expire at 2:02. siderable discussion of the Byrd- Mr. BYRD. I thank the Chair. Gramm amendment, I think there Burns I ask unanimous consent I may speak The nomination was confirmed. ought to be an explanation of the out of order. Chafee-Domenici amendment and it Mr. SHELBY. Mr. President, I move The PRESIDING OFFICER. Without ought to be out here on the floor in to reconsider the vote by which the objection, it is so ordered. open view where everybody can see nomination was confirmed. Mr. BYRD. Mr. President, some days what is being said and hear what is Mr. HOLLINGS. I move to lay that ago, the two distinguished Senators, being said and make up their own motion on the table. Mr. CHAFEE and Mr. DOMENICI, offered minds. The motion to lay on the table was an amendment which they proposed to agreed to. call up at some point during the debate I feel very much like I am being shot Mr. ENZI addressed the Chair. on the highway bill. There has been no at by someone behind a barricade. The PRESIDING OFFICER. The Sen- floor discussion of that amendment. I They don’t come out in the open in ator from Wyoming is recognized. have seen and read various things that public view and take their shots at the Mr. ENZI. Mr. President, I ask unani- Byrd-Gramm amendment there, but I mous consent to speak for 5 minutes as are being written about the amend- ment and in criticism of the amend- am being shot at. All kinds of things in morning business. are being said about this amendment The PRESIDING OFFICER. Without ment which Senators GRAMM, BAUCUS, that I have offered, many of which objection, it is so ordered. WARNER and I have offered for printing. things are absolutely not true. Also, Mr. ENZI. I thank the Chair. My colleagues and I had offered an many things are being claimed on be- (The remarks of Mr. ENZI pertaining amendment several days ago and indi- to the introduction of S. 1332 are lo- cated we were offering it for printing, half of the Chafee-Domenici amend- ment that are likewise inaccurate. So I cated in today’s RECORD under ‘‘State- and that we intended to call it up at ments on Introduced Bills and Joint such time as the amendment tree was think that there ought to be more dis- Resolutions.’’) dismantled, and we would have an op- cussion regarding the Chafee-Domenici Mr. ENZI. I yield the floor. portunity to call up the amendment. amendment. Let’s talk about it. Mr. FORD. I suggest the absence of a There have been some discussions of The differences between these quorum. our amendment, but I think it is appro- amendments—the Chafee amendment The PRESIDING OFFICER. The priate to talk about the amendment on the one hand; and my amendment clerk will call the roll. now that has been offered, I assume, as on the other—are as simple as they are The legislative clerk proceeded to an alternative to our amendment. I stark. The Byrd-Gramm amendment call the roll. don’t know what the prognosis of this authorizes an additional $31 billion in Mr. BYRD. Mr. President, I ask unan- bill is—whether it will be taken down contract authority for investment in imous consent that the order for the and no action taken on extending the our Nation’s highways over the 6 years quorum call be rescinded. highway bill, or whether there will be a covered in the underlying ISTEA bill. The PRESIDING OFFICER. Without 6-month extension, or whether there objection, it is so ordered. The Domenici-Chafee amendment au- will be a 6-year bill. I should think that thorizes not even one, not even one ad- Mr. BYRD. Mr. President, what is the the chances for the latter are dimin- business before the Senate and what is ditional dollar in contract authority ishing with every passing minute. for this 6-year period. the pending question? In any event, it seems to me that f there ought to be some discussion The Byrd-Gramm-Baucus-Warner amendment authorizes the spending of INTERMODAL SURFACE TRANS- about the Chafee-Domenici amend- ment. I have spoken to Mr. CHAFEE a a 4.3-cent gas tax that is now going PORTATION EFFICIENCY ACT OF into the highway trust fund on our 1997 number of times about the amendment and have indicated to him that I transportation needs over the next 6 The PRESIDING OFFICER (Mr. thought we ought to have some discus- years. The Domenici-Chafee amend- GREGG). The clerk will report the pend- sion of it so that certain questions ment does not authorize any of this gas ing business. might be clarified. I personally have a tax revenue to be spent on our high- The bill clerk read as follows: few things to say about the amend- way, bridge and safety needs. That is a A bill (S. 1173) to authorize funds for con- big difference. Our amendment author- struction of highways, for highway safety ment. I think the public is entitled to some enlightenment as to what it does izes the spending of the 4.3-cent gas tax programs, and for mass transit programs, that is now going into the highway and for other purposes. and what it does not do. So that is the trust fund. The Senate resumed consideration of reason why I have chosen to take the the bill. floor at this time. We say it ought to be spent. The Pending: The sponsors of this amendment, my American people are being told that Chafee-Warner amendment No. 1312, to pro- friends Senators DOMENICI and CHAFEE, that is what it’s for. They are not being vide for a continuing designation of a metro- have brought forward an amendment told that if it goes into the general politan planning organization. that claims to be an alternative to the fund, it will be spent on the various

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11314 CONGRESSIONAL RECORD — SENATE October 29, 1997 and sundry other programs, such as In- that we are currently debating a 6-year when it comes to jurisdiction in au- dian roads, research, Head Start, edu- highway authorization bill, now is not thorizing contract authority. But now cation, parks, or just put into the Gen- the time to decide the authorization he has joined in an amendment that eral Treasury. They are not being told level for highway spending for the next says: Not now, maybe next year some- that. They think it is going into the 6 years. Don’t do it now—not now, not time—maybe. There is no guarantee. highway trust fund to be spent on here. Wait. You Members here who are Maybe next year and, if next year, we transportation needs—highways, mass waiting with open mouths and open are going to have a fast-track proce- transit, bridges. I think we owe them, arms to see legislation pass that will dure. in all honesty, an explanation. We assure your State and your State’s When I was a boy, I read a book ought to try to see to it that that transportation department of so much called ‘‘Slow Train Through Arkan- money is spent for highways, mass contract authority so that they can at sas.’’ Well, that was in the old days transit, bridges, and so on. least begin to think about it and plan when they believed in voodooism and We are not saying in our amendment about it, all of you just wait, don’t do snake oil and patent medicines that that it ‘‘shall’’ be spent. But we are au- anything now. This is that old 6-year were sold by traveling con salesmen, thorizing contract authority, and then highway bill that comes out of the En- and so on. So, next year, under the come next spring when the Appropria- vironment and Public Works Com- Chafee-Domenici amendment, we will tions Committees meet and we have de- mittee. Wait. Don’t do it on that bill. have a fast track—not the ‘‘Slow Train bate on the budget resolution, we will Wait. Wait until some day in the fu- Through Arkansas,’’ but a fast track. get into discussions as to whether or ture—maybe never. If Senators vote for the Domenici- not there will actually be obligation I have said as clearly as I can what Chafee amendment, you are not voting authority to spend that money and, if the Domenici-Chafee amendment does for a single dollar in your State for so, how much, and so on. We are saying not do. Allow me to take a moment to contract authority over the next 6 if savings are there, from which the $31 explain what the Domenici amendment years—not a single dollar. The Chafee- billion will come, and if we are going does do. The Domenici-Chafee amend- Domenici amendment is saying: Wait to spend those savings, then, transpor- ment seeks to establish a complex and until next year, we will take a look at tation needs are top priority. convoluted process that basically en- it then. And then in the budget resolu- But the Domenici-Chafee amendment ables the Senate to hide under a rock tion, when that comes along, we will does not authorize any of this gas-tax when it comes to the issue of highway take a look at it then. Mind you, we revenue to be spent on our highway, taxes and our highway needs. The are not saying in the Chafee-Domenici bridge, and safety needs. Members Domenici amendment proposes a new, amendment that we are going to spend should not be surprised by this. My Rube Goldberg, fast-track process for any of that gas-tax money on high- friend, the Senator from Rhode Island, each of the next 5 years that would ways. We are going to let that stay in had stated in earlier debate on this bill allow the Congress to increase highway the Highway Trust Fund. Let that that he does not believe that the 4.3- and/or mass transit authorizations in money accumulate, and next spring, cents gas tax should be spent on our some yet-to-be-determined amount other governmental needs can compete transportation needs. That is his view, each year, if the budget resolution for with highways in the use of that money and I respect him for that. He isn’t run- any such year allows it. You can just in the trust fund. ning for a rock to hide under. He is just forget about this highway bill. Just Mr. CHAFEE and Mr. DOMENICI are not announcing from the steeple tops that wait, wait until another time, and if assuring you Senators that that money he doesn’t believe that the gas tax the budget resolution allows it, then in the highway trust fund is going to be ought to be spent on transportation we might increase highway and/or mass spent on highways. They are saying we needs. He thinks it ought to go toward transit authorization. That will be de- are not even sure we can do that at all. reducing the deficit. He is very plain termined next year—maybe, but not We are not assuring you that you are and open about that, and you have to now. going to get any extra money. We are admire him for that. That is his view, Not surprisingly, the amendment going to wait until next year, they say. and I respect that. would also allow the Congress to ignore When the budget resolution is up here However, that is not my view. It was all those new procedures and do abso- next spring, then we will talk about it, not the view of the 83 Senators who lutely nothing. Members know that I they say. Then we will decide what we voted in favor of an amendment on this am not in favor of fast-track proce- do with that money. We may spend it floor on May 22 of this year that called dures. I don’t favor fast track on trade, on highways; we may not. We may for the 4.3 cents to be transferred to and I am not going to vote for fast spend it on Indian roads; we may not. the highway trust fund and spent on track. I don’t favor fast-track proce- We may spend it on parks and recre- our transportation needs. dures. We have too many of them now. ation. We may spend it on the national The Byrd-Gramm-Baucus-Warner In my view, they trample on the rights forests. We may spend it on Head amendment keeps faith with our vote of all Senators and they cut off mean- Start. We may spend it on welfare. on May 22. It keeps faith with the mil- ingful debate. When it comes to the There are a lot of things we may spend lions of American citizens who fill Domenici-Chafee amendment, I think it for, they say. But we don’t make their gas tanks and pay their gas taxes, all Members should cast a careful eye that decision here. Mr. CHAFEE and Mr. with the expectation that these funds on this so-called fast-track procedure, DOMENICI say that we will make that will be spent on the construction and because this fast-track amendment decision when we have the budget reso- rehabilitation of our highways and may very well be the slow track to ad- lution. mass transit and bridges. The Domen- ditional highway spending. So if you are on the Budget Com- ici-Chafee amendment tells those mil- So they say, take a look at our mittee, you are going to have control lions of Americans and those 83 Sen- amendment, and if you are going to in- of that. The Domenici-Chafee amend- ators that they must wait for another crease contract authority for your ment says that on this 6-year highway day, wait until next spring, wait until State and your State and your State authorization bill we should do noth- we have the next budget resolution be- and your State, we will know that at ing, nothing, nothing toward author- fore the Senate, and, perhaps, maybe— some point next spring—not now. This izing additional highway funding. We we don’t know—we might consider au- is the highway bill. That is the way we should put that decision off until an- thorizing the spending of your gas have been accustomed to doing it. But other day. That other day may never taxes on the Nation’s highways and forget it, that is that old 6-year high- come. That other day need never come. bridge needs, and then again, we might way bill. Don’t fool with it or pay any If Members want to know how the not. We don’t make you any promises. attention to that. authorized spending levels contained in But, by all means, don’t do anything on I am quite surprised that Senator the Domenici-Chafee amendment differ this bill; don’t take action on this bill, CHAFEE, the chairman of the Environ- from the levels in the Byrd-Gramm the highway authorization bill. Wait. ment and Public Works Committee, amendment, they need look no further The Domenici-Chafee amendment would go along with that idea. His than the first section of the Domenici- says that notwithstanding the fact committee has been the key committee Chafee amendment. I say the same to

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11315 Commerce Daily. When Commerce amendment? What additional contract says ‘‘zero’’ dollars. We will leave the Daily gets ready to write again, I sug- authority are you voting for? dollar sign, take out the zero, and just gest they look at the Chafee-Domenici $30,971,000,000 over a period of 5 years. draw a straight line, and substitute amendment. Look at it. Don’t take That is the difference. The difference ‘‘blank.’’ somebody else’s word for it. Don’t take between $30.971 billion, and zero—zero. Well, that sums it all up, Mr. Presi- some aide’s word for it. I am not speak- That is the difference between the two dent. The Domenici Chafee amendment ing disparagingly of aides. We have to amendments. is shooting blanks. We shoot real bul- have them, and I have some excellent Members will find that paragraph, as lets in ours—Mr. GRAMM, Mr. BAUCUS, aides on my staff, and so have other I say, repeated throughout the amend- Mr. WARNER, and I—no blanks. That Senators. But go look at the amend- ment when it refers to each of the sums it up. The Domenici-Chafee ment yourself. Look at the Chafee- highway and mass transit components amendment is shooting blanks. Domenici amendment. Read it. They of the amendment. That is about all that these publica- will find it stated very clearly there. Now, later in the amendment, we tions, commenting on the Chafee- That amendment reads, and I quote read that all those zeros—zero for 1999, Domenici amendment, will find in the from section 3001(A)(2) of the Chafee- zero for 2000, zero for 2001, zero for 2002, amendment. Have they taken a look at Domenici amendment: and zero for 2003; all those zeros we the Chafee-Domenici amendment? Go find, if we read the Chafee-Domenici see it for yourself. Read it. It is a pub- (A) For fiscal year 1999, $0. lic matter. (B) For fiscal year 2000, $0. amendment—we read that all those There is no real new contract author- (C) For fiscal year 2001 [guess what?], $0. zeros may be further amended someday ity in the Chafee-Domenici amend- (D) For fiscal year 2002 [guess again, and in the future under a ‘‘fast track’’ pro- ment. It is an amendment about proc- I’ll give you three guesses], $0. cedure, or they may not. And the fund- ess. And, if any of you Senators want In fiscal year 2003, try again. What is ing levels that may substituted for the to know how much of the additional your guess? How much do you guess? zeros throughout the amendment can 4.3-cents gas tax this Chafee-Domenici Zero dollars. That is a joke. be found later in the amendment under process may spend on highways, the Members, if you want to vote for the the heading ‘‘additional highway fund- answer is we don’t know. We can’t tell Chafee-Domenici amendment, do you ing.’’ you. Maybe some of it will be spent. know what you are voting for? Zero So if Senators look later in the Maybe none of it. Maybe a little of it. dollars—next year, the next year, the amendment, you will find the funding Maybe a lot. Maybe a lot one year, and next year, and the next year. Look at levels that may be substituted for it. Don’t take my word for it. Read it. none the next year. these zeros for the 5 years—‘‘may be Under the Chafee-Domenici proposal, Get that amendment and look at it. substituted’’ for the zeros. You will Members will find that same paragraph who will decide whether any additional find those funding levels that may— funding is authorized over the next 6 repeated throughout the amendment may—at some time in the future be when it refers to each of the highway years? Certainly not the Environment substituted for the zeros. You get the and Public Works Committee. No, no, and mass transit components of the zeros now. But maybe sometime in the amendment. no. That committee might as well dis- future there will be funding levels sub- band as far as this subject matter is Here on the chart to my left is the stituted. What are the numbers that difference between the two amend- concerned. Who will decide? It will be may be substituted? Well, you will find the Budget Committee. The Domenici ments. Here is the difference between them in the Chafee-Domenici amend- the Domenici-Chafee ISTEA II amend- amendment says that, depending on ment under the heading ‘‘additional what the ‘‘budgeteers’’ decide in the ment and the Byrd-Gramm-Baucus- highway funding’’. budget resolution every year between Warner ISTEA II amendment. That part of the amendment—let’s now and 2003, we may be able to get Let me read it. It is in fine print. take a look at it—reads as follows: considered in the Senate a new fast- Maybe we ought to read the fine print, Section 3001(a)(2) of the Intermodal Sur- track highway and transit funding or just plain read the print instead of face Transportation Efficiency Act of 1997 is joint resolution. taking somebody’s word for it. Go get amended— So it will be the Budget Committee, the amendment. Read it for yourself. (1) in subparagraph (A), by striking ‘‘$0’’ not the authorizing committee, not and inserting — Don’t read the propaganda that comes that old Environment and Public to you in a memo or a letter. But get How much? Works Committee, and not the Appro- the amendment, and read it yourself. ‘‘blank’’; priations Committee. Take your Don’t take everything the preacher So maybe sometime in the future we choice. It won’t be either of them. Am says for being true. Read the Bible will substitute for this old big zero— I right? It is going to be the Budget yourself. Go to the basic text. hold your breath. We are going to sub- Committee. All right. Here it is. ‘‘Comparison of stitute for that zero—get ready now. I We will not need the authorizing authorization of levels for highway and am going to pull a rabbit out of the committee. We will just let the budget bridge construction Intermodal Sur- hat. We are going to substitute for that committee decide it all. They will de- face Transportation Efficiency Act zero—‘‘blank.’’ cide whether it is going to be zero dol- (ISTEA II).’’ Let me see it. Could I be telling the lars or whether it is going to be I am going to ask my assistant to truth here? That is what it says here ‘‘blank’’ dollars. And then, whatever it point out what I am reading so that the on page 7. Is that the Chafee-Domenici is going to be, that committee will de- viewers can look through that elec- highway amendment? Yes. On page 7: cide whether we are going to have a tronic eye up there and follow me and Section (1). Additional highway funding. fast track, a slow track, or no track. see if I am reading it correctly. I do not In subparagraph (A), by striking ‘‘$0’’ and And each year that budget resolution want to mislead you. ‘‘Fiscal year 1992– inserting . . .’’ may or may not spit out a new kind of 1993 total.’’ Well, there is a dollar sign—dollar joint resolution, a highway and transit For those 5 years, what is the total sign, and a long line —‘‘blank.’’ funding joint resolution. If the budget under the Domenici-Chafee ISTEA II Paragraph (2) in subparagraph (B), by committee decides that there should be amendment? What is the total addi- striking ‘‘$0’’ and inserting ‘‘blank’’; such a joint resolution, then it would tional contract authority for highways And so on for all the paragraphs, A, be treated under a very tight fast-track during those 5 years? Let’s see. Under B, C, and D. procedure. It would be unamendable, the Domenici-Chafee ISTEA II amend- So the amendment strikes ‘‘zero’’ except for amendments to either raise ment, the total for those 5 years that and inserts ‘‘blank’’ in each paragraph. or lower the dollar amounts. Then, you will be voting for, if you vote for You strike the zero. We had five zeros after no more than 10 hours of consid- the Chafee-Domenici amendment, you up there earlier, but maybe sometime eration, the Senate would proceed are going to be voting for zero dollars. in the future, if Senators vote for this without intervening action or debate There it is right there, a big cipher! amendment, we will substitute at some to vote on the final disposition of high- All right. What about the Byrd- time in the future for that zero, we way and transit funding joint resolu- Gramm-Baucus-Warner ISTEA II would substitute a dollar sign. This tions to the exclusion of all motions

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11316 CONGRESSIONAL RECORD — SENATE October 29, 1997 except a motion to reconsider or to That is it, pure and simple. We be- explanation that is a public expla- table. lieve that. Most Senators believe that. nation. I do not want an explanation by Finally, a motion to recommit would They have said so. They voted so. somebody who has not even read the not be in order, and all points of order The Domenici-Chafee amendment amendment. I do not want an expla- against these funding joint resolutions calls for a 17-step process with 11 con- nation by a publication that does not would be waived. tingencies which, in the end, might not bother to read what the amendment That is the fast-track procedure that authorize one, not even one, might not says. Senators will find outlined in the authorize one—this is a $1 bill with I do not want that kind of an expla- Chafee-Domenici amendment to the George Washington’s picture on it— nation. I want an explanation of the highway bill. might not authorize even one addi- amendment here on this floor. I do not There are no procedures expedited or tional trust fund dollar for our high- want to be shot at from behind a barri- otherwise for our colleagues in the ways. cade; I cannot see who is shooting at other body to take up such a joint reso- Now, that is the Chafee-Domenici me. Besides, that person may be wear- lution. We are just going to bind and amendment. Why don’t you come out ing black glasses. From time to time, gag the Senate, you understand; that is here and talk about your amendment? when I am out on the hustings, it hap- all. Senators will be limited to 10 Read it. Read it to the other Senators. pens in every crowd. I’ll bet the Pre- hours. And Senators can only offer cer- It is a process that is designed to siding Officer has had this same thing. tain amendments to raise or lower the continue to allow us to hide under that Somebody will walk up to me with dollar level. But if Senators are not rock—hide under that rock—while our dark glasses, black glasses: ‘‘Bet you satisfied with the formula, forget it. highway needs go wanting, while our don’t know who I am, Senator. Bet you You can’t offer an amendment to our bridges deteriorate, and while our traf- don’t know, Senator. Bet you don’t re- fast-track bill dealing with formulas. If fic jams worsen. It is a process that member me.’’ any of you are unhappy about for- will only heighten cynicism of our con- Well, of course, I don’t. I can’t see mulas, you can’t offer an amendment stituents and continue to undermine you. I can’t see your eyes. on that bill. That is a fast-track bill. the trust of the American people in the I urge that we have a public expla- And, besides, there is nothing outlined highway trust fund. nation of the Chafee-Domenici amend- in this so-called ‘‘fast-track’’ procedure My colleagues, I am not fooled by ment in this forum. Explain these that guarantees Senators of anything this amendment, and you should not be zeros. Explain these blanks. And tell once the bill is passed by the Senate fooled either. Get it and read it. This other Senators how your amendment and sent to conference, or sent to the amendment is not about spending our compares with the Byrd-Gramm-Bau- other body. trust fund dollars on highways. It is cus-Warner amendment. Explain it. How is your State going to get more If Senators turn to the very end of not about restoring the trust of the money under your amendment? How is the Domenici-Chafee amendment, they American people in our highway trust your State going to get any money out will see subparagraph 3. That subpara- fund. This amendment is about ignor- of the Chafee-Domenici amendment? graph reads as follows and I quote: ing the usual authorization-appropria- tions process and substituting a bur- Explain it out here in public view. In the House of Representatives.— densome, multistep process designed to So while I have great respect for ‘‘Blank.’’ confuse the American people and en- these two fine Senators—and they are. There it is again. More blanks. able the Congress to do absolutely They are fine Senators—I nevertheless There are no procedures for this so- nothing when it comes to authorizing urge all Senators to join me in voting, called ‘‘Highway and Transit Funding additional highway spending. if we ever come to a vote, to sustain Joint Resolution’’ to be considered in I am sure that Senators DOMENICI and the point of order against the Domen- the other body. CHAFEE had nothing but the best of in- ici-Chafee amendment. Sustain the So, if such a joint resolution gets out tentions in offering this amendment. point of order. And I hope that the of the Senate, it might just sit in the Unfortunately, their proposal is an un- point of order on my own amendment other body until the end of the Con- necessary and unwarranted intrusion will be waived. gress or until the crack of doom, on the existing authorization and ap- Mr. President, I ask unanimous con- whichever comes first. Or the House propriations processes and provides no sent that a table proposed by the Fed- might amend the resolution and insert assurance whatsoever—none—that any eral Highway Administration, which new substantive legislation—perhaps a additional highway or transit spending compares the authorization levels con- complete new highway formula. Even will be authorized. It is in violation of tained in the Byrd-Gramm-Baucus- though Senators would be strictly lim- the Budget Act—a 60-vote point of Warner amendment with the levels ited in the amendments they can offer order will lie against the Chafee- contained in the Domenici-Chafee to this resolution, there is no limit to Domenici amendment. amendment, be printed in the RECORD. what changes and amendments might The Byrd-Gramm-Baucus-Warner There being no objection, the mate- be entertained in the other body. Of amendment, on the other hand, is in rial was ordered to be printed in the course, we don’t have jurisdiction over keeping with the existing budget, au- RECORD, as follows: their procedures. But why should we thorization, and appropriations proc- bind and gag and virtually blindfold esses. Although our amendment is also FY 1999–2003 TOTAL ADDITIONAL CONTRACT AUTHORITY Members of this Senate when it comes subject to a 60-vote point of order, it is PROVIDED BY BYRD/GRAMM AND DOMENICI/CHAFEE to fast-track procedure? We could be due to the increased authorizations AMENDMENTS required to have a formula fight with contained in our amendment. The ques- [In thousands of dollars] the House over highway funding each tion of the level of highway obligation Domenici/ and every year for the next 6 years if limits and whether the discretionary State Byrd/Gramm Chafee we wanted to authorize additional spending caps will be raised are left to Alabama ...... 556,579 0 spending for the highway bill. the appropriations and budget proc- Alaska ...... 345,600 0 Arizona ...... 432,854 0 Well, I hope that all of my colleagues esses. Our amendment does not resort Arkansas ...... 370,684 0 are carefully following this process. to any new, highfalutin, confusing, California ...... 2,550,537 0 Colorado ...... 355,465 0 This is the process that they are being fast-track resolution process which I Connecticut ...... 477,038 0 asked to vote for under the Chafee- fear will allow Senators the oppor- Delaware ...... 130,994 0 Dist. of Col ...... 125,973 0 Domenici amendment. The Byrd- tunity to hide under that rock and ig- Florida ...... 1,283,335 0 Gramm amendment doesn’t bind you to nore both our highway needs and the Georgia ...... 977,098 0 Hawaii ...... 166,380 0 any fast track. The Byrd-Gramm skyrocketing balances in the highway Idaho ...... 228,542 0 amendment simply says let’s authorize trust fund. Illinois ...... 927,157 0 Indiana ...... 677,914 0 the new gas-tax revenues in the trust Now, I say what I have said with the Iowa ...... 367,807 0 fund to be spent over the next 6 years greatest respect for the authors of the Kansas ...... 364,977 0 Kentucky ...... 483,486 0 on our highways and other transpor- amendment. I have sought to get an ex- Louisiana ...... 495,201 0 tation needs. planation of the amendment. I want an Maine ...... 160,097 0

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11317 FY 1999–2003 TOTAL ADDITIONAL CONTRACT AUTHORITY I think this is a matter where there petition to improve DoD’s business practices, PROVIDED BY BYRD/GRAMM AND DOMENICI/CHAFEE is just a disagreement on an issue would severely limit the Department’s flexi- AMENDMENTS—Continued which is partly principle, partly paro- bility to increase efficiency and save tax- payer dollars. [In thousands of dollars] chialism, perhaps on both sides, but it Both the Quadrennial Defense Review and is critically important to me and to the National Defense Panel recommended re- Domenici/ State Byrd/Gramm Chafee several of my colleagues. peal of current laws that constrain DoD’s ef- I think when the Founders wrote the forts to competitively outsource depot main- Maryland ...... 419,975 0 tenance workload. Rather than facilitating Massachusetts ...... 495,412 0 Constitution, when they established Michigan ...... 879,236 0 the Senate, their purpose was to guar- DoD’s use of competitive outsourcing, the Minnesota ...... 416,732 0 bill attempts to further restrict it. Mississippi ...... 351,580 0 antee a full debate. Some of you will The bill could reduce opportunities to use Missouri ...... 663,387 0 remember that Jefferson was the Am- industry to maintain future weapons sys- Montana ...... 295,433 0 Nebraska ...... 234,004 0 bassador to France when the Constitu- tems. DoD could be forced to add to its ex- Nevada ...... 203,458 0 tion was written. When he came back pensive public infrastructure in ways that New Hampshire ...... 144,929 0 duplicate what already exists in the private New Jersey ...... 671,691 0 from France, he went to Mount Vernon New Mexico ...... 292,646 0 and visited with Washington who had sector. Future weapons systems will rely in- New York ...... 1,419,503 0 been the Presiding Officer at the Con- creasingly on commercial technology, in North Carolina ...... 787,713 0 order to exploit commercial industry’s rapid North Dakota ...... 203,458 0 stitutional Convention. He said to Ohio ...... 959,599 0 rate of innovation and market-driven effi- Oklahoma ...... 439,300 0 Washington, ‘‘What is the Senate for?’’ ciencies. But by limiting industry’s role in Oregon ...... 358,934 0 We had established a bicameral Gov- maintaining future weapon systems, and in Pennsylvania ...... 1,056,906 0 Rhode Island ...... 161,652 0 ernment. We had the House of Rep- other ways, the bill could frustrate this revo- South Carolina ...... 442,846 0 resentatives, and we had the Senate. lutionary change. South Dakota ...... 217,394 0 So Jefferson’s question was, ‘‘What is The bill seeks to impose unique and inap- Tennessee ...... 630,768 0 propriate requirements on DoD’s process for Texas ...... 1,918,693 0 the Senate for?’’ Utah ...... 240,460 0 allocating the work now performed at the Vermont ...... 130,994 0 Washington, being a southerner, did closing San Antonio and Sacramento Air Lo- Virginia ...... 713,320 0 something that southerners did, and to Washington ...... 512,401 0 gistics Centers. The Department is con- West Virginia ...... 284,833 0 this day some still do. Southerners, es- ducting a fair and open competition to deter- Wisconsin ...... 506,291 0 pecially when I was growing up, per- mine the most efficient and cost-effective Wyoming ...... 211,820 0 Puerto Rico ...... 127,917 0 haps like when the Presiding Officer way to perform this work in the future. Both was, would sometimes pour their coffee private contractors and public depots are Subtotal ...... 27,871,000 0 competing for the work. By dictating how into their saucer to let it cool and then DoD should treat certain competitive fac- Trade Corridors/Border Crossings ...... 450,000 0 pour it back and drink it. So Wash- Appalachian Development Highway System ..... 2,200,000 0 tors, the bill seeks to skew any competition I–4R/Bridge Discretionary ...... 450,000 0 ington poured his coffee into the sau- in favor of the public depots. cer, and he said to Jefferson that ‘‘The If the numerous problems cited above can- Grand Total ...... 30,971,000 0 Senate will be like this saucer; the not be overcome, the impact on the Depart- House, being elected every 2 years, will ment’s costs and on our Nation’s military Mr. BYRD. Mr. President, I suggest be caught up in the passion of the mo- capacity would be profound; the President’s the absence of a quorum. senior advisers would recommend that he The PRESIDING OFFICER (Mr. ment, but the Senate will be the place veto the bill. COATS). The clerk will call the roll. where those passions cool in the light We need to encourage more competition The assistant legislative clerk pro- of reason.’’ from private industry, not less. Billions of ceeded to call the roll. So today, to the extent we can, we dollars in potential savings are at issue. Mr. GRAMM. Mr. President, I ask are trying to allow these passions to These resources should be used to maintain cool because of our very strong feelings the U.S. fighting edge, not to preserve excess unanimous consent that the order for infrastructure. the quorum call be rescinded. about this bill. Finally, we strongly object to the bill’s The PRESIDING OFFICER (Mr. I would like to begin, Mr. President, provisions on high performance computer HUTCHINSON). Without objection, it is by asking unanimous consent that a controls. The bill would severely limit the so ordered. letter from the President’s OMB Direc- President’s flexibility to conduct foreign pol- f tor stating the policy of the adminis- icy by mandating permanent controls on the tration to veto the bill be printed in export of high performance computers to DEFENSE AUTHORIZATION BILL the RECORD. specific countries, and would limit the Presi- Mr. GRAMM. Mr. President, I will There being no objection, the letter dent’s ability to adapt computer export con- yield the floor when the majority lead- was ordered to be printed in the trols to changing security needs and tech- nology trends. The bill would also impose er arrives. He will deal with a series of RECORD, as follows: unrealistic Congressional notification, li- issues. One of those issues will have to EXECUTIVE OFFICE OF THE PRESI- censing and post-shipment verification re- do with the Defense authorization bill. DENT, OFFICE OF MANAGEMENT quirements that would have the unintended We will have a series of motions and a AND BUDGET, effect of decreasing our ability to identify flurry of activity related to that bill. I Washington, DC, October 28, 1997. and prevent exports of real national security thought that while we were waiting for Hon. TRENT LOTT, concern. Current law provides adequate au- the majority leader, I could save time Majority Leader, U.S. Senate, Washington, DC. thority to adjust controls appropriately and DEAR MR. LEADER: The Administration ap- to deal with any problem exports that may for our colleagues by simply talking preciates the efforts you and your colleagues occur. about the underlying issue. have made to craft an FY 1998 National De- Sincerely, Let me begin by saying that while fense Authorization bill that supports our FRANKLIN D. RAINES, there is a deep division over the De- military strategy and our men and women in Director. fense authorization bill, while there uniform. The bill recently reported by the Mr. GRAMM. Mr. President, let me are very strong feelings related to this Conference Committee successfully address- try to define the issue. I know that we es many of the concerns voiced by the Ad- bill that are held by individual Sen- have several Members on both sides ators, both Democrats and Repub- ministration about earlier versions passed by the House and Senate. Unfortunately, the who know more about this issue than licans, while several of my colleagues bill includes provisions that severely limit they want to know, but many of our and I feel so strongly that we are going the Department of Defense’s ability to com- colleagues don’t know anything about to do everything we can to prevent this pete weapons maintenance workload be- the issue because they don’t at least conference report from being adopted, tween public and private sector depots, a key superficially appear to have a dog in and while the President has issued a concern identified in Statements of Adminis- the fight. This has kind of come up letter saying that he will veto this bill tration Policy. suddenly, so let me try to explain it. I if this bill is presented to him in its The bill includes provisions whose intent is will give you a little history, and let current form, I want to make it clear to protect public depots by limiting private industry’s ability to compete for the depot- me repeat, as soon as the majority that despite all of these strongly held level maintenance of military systems and leader is ready to start, I will yield the views, I think all Members of the Sen- components. If enacted, these provisions, floor. ate and the House have acted honor- which run counter to the ongoing efforts by We had a Base Closing Commission. I ably. Congress and the Administration to use com- was an original cosponsor of it. I voted

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11318 CONGRESSIONAL RECORD — SENATE October 29, 1997 for its establishment. We have had was that all the work for maintaining We have provisions in this bill that three Base Closing Commission re- military equipment will be done in de- will disrupt that process, that will ports. Each of them have closed facili- pots by Government employees and make it very difficult, if not impos- ties in my State. I voted to enforce that for all practical purposes there sible, for private contractors to bid on each and every one of them. In fact, I would be no competition, no ability for and potentially win these contracts. was one of the few members who voted private companies to compete. And The net result will be that rather than to have another Base Closing Commis- that was the provision in the House. the taxpayer benefiting from the cost sion. Those of us who feel strongly about savings that would come from competi- While I hate them, the plain truth is this issue have strongly resisted. And tion, now this work is going to be dedi- that we have cut defense by a third, as the distinguished chairman, the cated to the Federal Government and and we have reduced defense overhead ranking member, and our colleagues its various entities and no such com- by 20 percent. We have more nurses in from States that are affected know, petition would occur under this lan- Europe than combat infantry officers, this has been a long and bitter strug- guage. and we have a huge overhang of bu- gle. The bottom line is that the com- Granted, this language is 30 pages of reaucracy. mittee, in conference with the House, mumbo jumbo, but the thrust of it, the I have been supportive of the process has written language—30 pages of lan- focus of every word, the focus of every to try to reduce overhead. I have voted guage—that has to do with limiting the sentence is to inhibit competition. for Base Closing Commission reports capacity of the Defense Department to Let me tell you what I see happening. that have closed very large bases in my engage in price competition to deter- I am not referring to any of my col- State, because the process is one that mine who gets maintenance contracts. leagues. In fact, the people on the the country and, therefore, the people In fact, I think it probably was put other side of this issue are people that of Texas benefit from. best in an article that ran in one of the I have deep affection for. There is no As many of my colleagues will recall, Nation’s newspapers where the point one that I love more than the distin- one of the bases closed by the last Base was made that while technically the guished senior Senator from South Closing Commission was Kelly Air language in this bill does not specifi- Carolina who is chairman of the com- Force Base, which is a giant mainte- cally prohibit price competition, the mittee and who has done his best to nance facility that does logistics work new language would likely keep pri- work something out here that we could for the Air Force. It is a huge em- vate contractors from wanting to bid all live with. In the final analysis, he ployer, a very important facility to on the work. could not get the House to take lan- San Antonio, to the State, and I be- The Defense Department has looked guage that we could have unanimity on lieve to the Nation. The Base Closing at this language. Several of our col- in the Senate. But in any case, here is Commission report called for closing leagues have looked at the language. what is happening. I want to alert the Kelly Air Force Base. The Defense Department has con- Senate and the American people to it. I voted for the Base Closing Commis- cluded, as the administration says in We have cut defense now since 1985 sion report. I did not like the results. I its letter, that if this language were by over a third. As a result, we are dra- did not agree with it. But it was part of adopted that they would not have the matically reducing our funds to main- the process. And I supported the proc- capacity to have a price competition tain our military equipment and to ess. But what the Base Closing Com- for this procurement. They would be procure new military equipment. mission report said is that the work at forced to do this work under monopoly In this environment, there is sort of Kelly should either be transferred to circumstances in a Government depot, two ways you could go. One way would another Air Force logistics center or it that the cost of doing that would be be to say, ‘‘Well, listen, with these should be privatized, perhaps in the substantially above those levels that huge defense cuts, we’ve got to get the private facility which would take over might be achieved through competitive most we can for our money.’’ So we when this base was closed. bidding. want more competitive bidding. We So the Base Closing Commission re- In fact, there was a competitive bid want to put almost everything we do— port itself called for, as one of the op- for the first work that was moved from within the constraints of this being de- tions, private contractors to do the Kelly Air Force Base. Interestingly fense and with its special needs—out work that Kelly is currently doing. If enough, the winner of that contract for competitive bidding and try to after the base was closed, the flag was a Government depot. But the im- get—to quote McNamara—probably not taken down, and the military personnel portant thing is the price was substan- a good source to quote—‘‘the biggest removed, a private contractor bids for tially lower than the cost that the bang per buck.’’ That would be one way the work and the private contractor Government was paying. In fact, by to go. Quite frankly, that is the way we chooses Kelly Air Force Base as a site having a competition, even though a should go, in my humble opinion. to do the work, then that work would Government depot won the competi- The other way to go, and the way we be done by private contractors in San tion, the bid was $190 million below are going, is to take the very parochial Antonio, on private facilities that what the taxpayer was paying; and the view that defense is like welfare, and would operate where this Air Force depot miraculously discovered that in that agencies of the Government that base used to operate. their overhead they had hundreds of have always had these contracts are What this bill does that I very workers who could be released from entitled to them, whether they can do strongly object to is this bill undercuts overhead to do this work for $190 mil- the work best or not, whether they can the ability of the Secretary of Defense lion less. Isn’t it wonderful what com- do it cheapest or not, and that since to conduct price competition so that petition does even to Government? defense is being cut back, we have all we can have bidding on this work. The Now we are in the process of begin- got to grab what piece of it we can and taxpayer could potentially save hun- ning to move toward competitive bid- hold it to our bosom and protect our dreds of millions of dollars by bringing ding for many other functions at these own individual facilities. competition to bear on the contracts closed bases. Those competitions will We are masters at coming up with ra- that will flow from the fact that we are occur this spring. It is the intention of tionalizations for the things we do. closing Kelly and other bases around the Defense Department to put this You can argue that only Government the country. work out for bids, and if a private com- employees can really understand an F– Some of our colleagues in the House pany can do it cheaper, it gets the bid. 100 engine, even though private em- who represent depots, which are Gov- If a depot can do it cheaper, it gets the ployees built the F–100. You can come ernment facilities that do maintenance contract. And the net result will be lit- up with many rationalizations and not work, wrote into their bill for all prac- erally hundreds of millions of dollars of all of them without merit. tical purposes redundant provisions savings for the taxpayer. But the bottom line is that what we that would have forbidden the Depart- This is a principle that is well-estab- are doing in this bill is that we are im- ment of Defense from having competi- lished in our economy: If you have peding competition and we are stop- tive bidding. Their basic approach, competition, you tend to get higher ping the Secretary of Defense from when you cut through all the legalese, quality and you tend to get lower cost. doing what he believes is in the vital

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11319 national security interest of the United red-blooded politician would do, and petition. I have the language here for States, and that is having the capacity that is he lamented the fact. In fact, he people to see and I have given it to to put contracts out for competitive went to great lengths to talk about both the Republican and the Democrat bidding. how terrible it was. I thought at one leaders. We had a meeting with the I want competition. I would like to point he might put himself down in Pentagon and a meeting with the say—not that any of us ever have to front of the gate at McClellan, and just White House and have gone through justify what we do; the one thing that as a bulldozer was getting ready to run these 30 pages. we try as Members of the Senate to do over him, he would have a trusty aide In the entire 30 pages we have come is to show each other the courtesy of come in and have the Secret Service up with three major changes, one of not impugning one another’s motives— drag him out. which is changing a word, another of but I would like to make a point that It is also true that he said we will try which is putting back in the bill lan- at least it is important to me. I had the to find a way to keep some of this work guage that was critically important to privilege of serving on the Armed Serv- at Kelly and McClellan. If the assertion the Pentagon, critically important to ices Committee for 4 years. It was a is that Bill Clinton was playing politics the White House, critically important great privilege. And I had in that ca- in the 1996 Presidential election, I am to those of us who oppose this lan- pacity the opportunity to work with sure he would plead guilty, and he guage, but which the staff dropped, real giants. I have served with, in the clearly was playing politics. saying it was a technical thing. It was Senate, Senator Goldwater, a hero of But as is true of so much that our technical. When Senator MCCAIN said, mine who I voted for President in 1964, President says, he said it but he didn’t ‘‘Great, great, we can solve this prob- and I have served with STROM THUR- do it. He flirted with the idea of lem. If it was technical, put it back MOND. vetoing the base closing report, but he in.’’ Well, it may have been technical But I think anyone who has served didn’t. He talked about helping these when they took it out, but when we with me, if they will remember from two bases and their thousands of em- asked it be put back in, it was not my initial debate with Congressman ployees, but in the final analysis, he technical. Nichols, who was a Congressman from didn’t do anything special to help Now, in addition, when the Pentagon Alabama and who represented a big de- them. He did what virtually any politi- was trying to negotiate with the staff fense logistics facility, that from the cian would do, and that is he felt their of the committee, the Pentagon and first year I was on the committee I pain. He feels it better, or at least con- the staff reached a tentative agreement have fought this business of denying vinces people he feels it better, than to strike some of the language. Not competitive bidding and price competi- most. very much of it. As you can look at tion. Now, when the Defense Department, this bill, you can go many pages with- I do not believe that I have ever devi- using the exact language of the Base out seeing a single mark of anything ated from my support, in terms of de- Closing Commission, is trying to move that would be changed. fense procurement, of the principle ahead with competitive bidding to de- But what happened, and again no- that where the objective is to get the cide whether to transfer functions from body is blaming anybody for it, but in lowest possible cost and the best qual- these closed bases or to give them to addition to taking out language that ity, that we should have price competi- private companies if they can do it bet- was critically important to the Sec- tion. ter, cheaper, or both, people who don’t retary of Defense—saying it was tech- I have objected to efforts to try to want this competition say President nical when they took it out, and that it prevent us from forcing prisoners to Clinton played politics with the proc- didn’t matter, but now it is critical and work. I believe prisoners ought to work ess. can’t be put back in—in addition to like taxpayers. But that is a subsidiary The point I want to make is that any that, there were a lot of provisions, lit- issue and has no part in this debate. politician, whether running for Presi- tle bitty piddly things that were agreed But the point I want to make is, in my dent, dog catcher or whatever, is going on to take out of the bill. But then sud- State we do have a closed military base to talk about feeling people’s pain denly right at the last minute, it was which I voted to close as part of the when 22,000 people are being put out of discovered that that language had been base-closing process. work. There is no doubt about the fact put in the report and that the report Nothing I am trying to do is trying that the President actually had people language has the effect of law. Part of to reverse the base-closing process. recommend to him that he override the our dispute and I think one of the rea- That base is going to be closed. The Base Closing Commission. But the bot- sons for the strong commitment to try clock is running. Functions are already tom line is he did not override the Base to do something here is a belief that we being shifted. Military personnel have Closing Commission report. The bases were on the verge of a deal, that lan- got their orders to move off. I am not are being closed. Nor did he intervene guage had been struck from the bill in trying to reverse that. to try to say you have to give the con- good faith, and then we discover at the But under the Base Closing Commis- tracts to private contractors who will last minute that the language has been sion, one option that was open to the use these old facilities. put back. Our language was in the bill Pentagon was competitive bidding, What the Defense Department is try- and then we discover at the last with the winner of the bid, if it was a ing to do and what this bill before the minute that it has been struck. private company, having the option to Senate seeks to prevent being done is So what those of us who vigorously chose where they wanted to do the to have a competition, where if the de- oppose the bill in its current form have work. pots that are being protected by this done is reduced our changes down to Privitization is an option that is ex- language win the competition, they get one page. It would take 17 hours to plicitly, specifically outlined in the the work, while if a private contractor read the defense authorization bill, and Base Closing Commission report. wins they get the contract. This is we may well have the opportunity to The Defense Department wants to what happened with the depot in hear it read before this debate is over. follow that procedure. The bill before Macon. The first competition saved the I think that would be therapeutic be- us will, for all practical purposes, pre- taxpayers $190 million by miraculously cause I think if people heard all this vent that from happening. discovering hundreds of workers who noncompetitive language, they would Some of our colleagues, in debating were not so busy they couldn’t do this be against it. But in trying always to this issue, have brought in President work. Yet there are still many who say be reasonable, in trying to follow the Clinton. I want to address that issue, if there couldn’t possibly be a fair com- saintly principle of trying to accommo- I may. petition. It is very hard to convince date other people and their legitimate When the Base Closing Commission people who don’t want to be convinced. needs and concerns, in working with report came out closing huge logistics Now, where are we and what is the the Pentagon and the White House we centers in San Antonio and in Cali- issue here? Where we are and what the have come up with one page of fornia, President Clinton, who has issue is here is the following: We have changes—one page. In a bill that would never been accused of not being a good 30 pages of language in the bill that ba- take 17 hours to read, we have one page politician, immediately did what any sically have as their aim stopping com- of changes that would apply to 30 pages

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11320 CONGRESSIONAL RECORD — SENATE October 29, 1997 of language that is aimed at trying to process, and for 3 years we have been saying, ‘‘You are either going to pro- prevent price competition. We have one engaged in a struggle where they have tect my depot from competition, or page of changes, and two of the three pursued their own individual interest else I am not going to support de- changes have to do with, one, putting to protect their facilities at the ex- fense.’’ That is basically what the back in language that we thought had pense of the taxpayer and at the ex- House depot caucus, as it is called, is already been agreed to leave in the bill; pense of national security. If the alter- saying. and two, taking out language that had native is to let them prevail, then we What will happen if this small num- already been agreed to take out. Only have no alternative except to resist. ber of Members of the Senate who are we find that it has been put in the re- Again, obviously it is very difficult to today opposing this conference report port language and, therefore, for all resist a conference report, but we in- lose is, first of all, we will be unhappy practical purposes, has the same effect. tend to do the best we can in trying to about it. But second, the President is So, of the things we are asking for, do that. going to veto the bill anyway and you far more than half are things that were Our intention, our hope, is that we are not going to be able to override the already agreed to. can make these small changes. I will veto. So the bill is not going to become So it seems to me that even though give you one of the three things that law in any case. What we are asking the House has acted, we can try to have we need changed. On page 5, line 8, of for, once again—and I would like to a simple motion to amend this lan- this 30 pages of anticompetitive lan- renew this request, and I would like to guage in the bill. There is already an guage that is aimed at preventing price try to get this material to our distin- effort underway to have a similar mo- competition and, in the process, mak- guished chairman and to people who tion to fix an inadvertent change in ing taxpayers pay more, there is a word are interested—is to make one page of language for Senator DOMENICI, and if that creates a tremendous problem for changes in a bill that would take 17 we could, through a technical correc- the Defense Department, and that word hours to read and that gives totally un- tion amendment, simply get this one is ‘‘ensure.’’ Now, what the Secretary fair advantage to depots as compared page of simple changes, half of which of Defense has said is that he could live to private companies. If we must, we go back to what was already agreed on with all of this language—I am tempt- will accept tilting the competition to- but which subsequently was changed at ed, and if I were in a more expansive ward depots and away from private the last minute without our knowing mood, I would say ‘‘rotten language’’ companies, even though it will mean about it, if we could do this, two things but I am not going to say it—if another higher costs and lower quality defense, could happen, and both of them are word were used instead of saying ‘‘en- in order to reach a compromise. We are good. sure.’’ The sentence says, not willing to accept a prohibition First, those Senators who are op- The Secretary of Defense shall require the against competition. I am sure we can posed to the bill could graciously or performance of core logistic workloads nec- all defend our positions, and probably ungraciously step aside and allow the essary to maintain the core logistics capac- will as this debate goes on. bill to pass. Second, the President ities identified under paragraphs 1, 2, and 3 I am happy that my position is in could sign the bill instead of vetoing at Government-owned, Government-operated favor of competition. If companies bid- the bill. But in order to do that, we are facilities of the Department of Defense (in- ding to do this work and wanting to do going to have to put back in language cluding Government-owned, Government-op- it in San Antonio, TX, can’t do it erated facilities of a military department) that was previously agreed on and then and shall assign such facilities sufficient cheaper and better, don’t give them the later taken out. We are going to have workload to ensure cost efficiency and tech- work. But if they can do it cheaper, if to take out language that was taken nical competence in peacetime, while pre- they can do it better, to the extent out and then later put back. Then we serving the surge capacity and reconstitu- that I have power as just 1 of the 100 are going to have to reach an agree- tion capabilities necessary to support fully Members of the Senate, I cannot and ment on a couple of points that are strategic and contingency plans referred to will not step aside while other Mem- technical but are important to the Sec- in paragraph 3. bers of the Senate in essence say, even retary of Defense in meeting the na- In other words, all the work goes to if private contractors in San Antonio tional security needs of the United them. or California can do it better, even if States. Now, the Secretary of Defense, in they can do it cheaper, even if it saves So I want to say to my colleagues we trying to reach a compromise, says he hundreds of millions of dollars, we are at this unhappy state where we could live with promoting it but he don’t care, and we won’t let competi- have at least four and probably more of can’t live with ensuring it. Now, is it tion occur because we are going to run our colleagues who are going to try to worth risking killing the whole bill over people because we have a large the best of their ability to prevent this over one word? Well, it is if you believe enough number of people. We are going conference report from being adopted that one word is going to mean higher to say forget the taxpayers, forget in this session of Congress. We want to cost and less effective defense and if competition, we want this for our- work out an agreement. We want to you believe that this is part of a con- selves. We have earned it. We have pass this bill. There are things in this tinued effort of a small group of Mem- these depots and it is our right to have bill that are provisions that I wrote, bers of the House to impose their will this work. that I am for. We have a provision of on the whole process. Well, I reject that. I think it is this bill to guarantee the status of sen- So I think we have come up with one wrong. I believe I would reject it if ior military colleges. That is impor- page of changes in a bill that takes 17 there were no people in my State who tant. That is important to Texas A&M. hours to read, many of which are just wanted to compete for these contracts. I love Texas A&M, other than my fam- one word. If we could work this out, we Now, there are people who want to ily, more than anything else in the could get out of the way and this bill compete for these contracts, and I just world. I want that language to become could be signed by the President in- want to repeat, in concluding, that I law. There are a lot of things in this stead of being vetoed. am not trying to put any language in bill that I care about. A final point, and I will yield the the bill that says give it to my people So I would like to work out an agree- floor. We have already passed the ap- in Texas. I am not trying to put any ment. So would my colleagues—my propriations bill for the Defense De- language in this bill that says tilt the colleague from Texas, my two col- partment. We are here trying to pass playing field toward the private sector. leagues from California. But if we can’t the authorization bill after the appro- I am willing to accept 30 pages of lan- work this out, we are tired of being run priations bill has already passed. We guage that does everything it can to over. We are tired of a small group of don’t have to pass this bill. I would prevent competition from ever occur- Members of the House who have to like to pass it. But I would just like to ring if they will make one page of have it their way, even if it means hun- remind my colleagues that we are here changes. But I cannot and will not ac- dreds of millions of dollars of addi- today, instead of being here 2 months cept the position that people in my tional cost for the taxpayer, even if it ago, or a month ago, because of this State who want to do this work and means a weaker national defense. They one issue, and this one issue is that who have been doing it for years, who have literally distorted this whole principally Members of the House are helped win the cold war and tear down

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11321 the Berlin wall and liberate Eastern remaining ALC’s. There would be three terest in having a good debate is the Europe and free more people than any remaining. That is only reasonable be- campaign finance reform bill. victory in any war in the history of cause there is a tremendous value to Hopefully, by Friday, we can resolve mankind, now all of a sudden, because that. that matter. But even if we do, the a few Members who because of their Second, we are also providing a value issue would still stand that we would numbers have dominated this process, of the actual real estate value of the need to be able to offer some amend- say, ‘‘Don’t let people compete for my facilities that would be used. For ex- ments. So I am hopeful that we can ar- jobs,’’ will not be able to compete to ample, if the Senator from Texas want- range a way in which that can be ac- keep some of their work. I cannot step ed competition to come in and use commodated. Subject to how the bill is aside and let that happen willingly. I Kelly Air Force Base, it would not be pending on Friday, we would be subject may not be able to prevent it, as we fair competition to say, fine, you could to another cloture vote for which there will find out as this process goes along, have it for $1 a year. Instead, the bill would be a significant degree of opposi- but I have an obligation to fight it be- provides that it would have to be for tion—hopefully unanimous on our cause it is fundamentally wrong for the value of that institution. Those are side—so long as the campaign finance America to be preventing competition. dollars that otherwise would be spent reform issue and this tax matter has Almost as if on cue, our distin- on our defense system. not been resolved. But we certainly guished majority leader is here. I yield Third, I mention the question as to will work with the leader to work the floor. whether or not President Clinton made through these matters, and we have no Mr. INHOFE addressed the Chair. a political statement when he sug- objection to bringing the bill up today. The PRESIDING OFFICER. The Sen- gested out in Sacramento, CA, that Mr. LOTT. Mr. President, I have a ator from Oklahoma is recognized. they were going to leave that alone, I unanimous-consent request pending. Mr. INHOFE. Mr. President, first of would like to read his statement to The PRESIDING OFFICER. Is there all, let me say that it seems customary you. It says: objection? Without objection, it is so ordered. on this floor to say how much you ap- On July 1, you were dealt a serious blow preciate and love somebody and respect when the independent Base Closing Commis- The clerk will report. them. Of course, there is no better evi- sion said that we ought to shut Kelly down. A bill (H.R. 2646) to amend the Internal dence of my affection for the senior At my insistence and my refusal to go along Revenue Code of 1986 to allow tax-free ex- Senator from Texas than the fact that with that specific recommendation, the Air penditures from education individual retire- back when—some may have forgotten Force developed the privatization in place ment accounts for elementary and secondary school expenses, to increase the maximum that he ran for President. In the pri- plan that will keep thousands of jobs here at this depot. annual amount of contributions to such ac- mary, he ran against the then majority counts, and for other purposes. leader Bob Dole. I openly supported the That is right before the Presidential election. If you look at this one sen- The Senate proceeded to consider the senior Senator from Texas over Sen- bill. ator Bob Dole, which was politically tence which says, ‘‘At my insistence pretty dumb for me to do. But I did it and my refusal to go along with that f because I felt he is a very capable indi- specific recommendation * * * ’’ that in CLOTURE MOTION vidual. and of itself is a very clear violation of Mr. LOTT. Mr. President, I send a Having said that, I would like to re- both the intent and the letter of the cloture motion to the desk. spond to the items that he has stated BRAC process. The PRESIDING OFFICER. The in his statement. Let me cover a couple I yield to the majority leader. clerk will report. of things that the distinguished Sen- Mr. LOTT. Mr. President, I know The bill clerk read as follows: ator from Texas talked about. there is a lot more debate that we will CLOTURE MOTION For openers, the Senator from Texas hear on this subject. We would like to We, the undersigned Senators, in accord- stated that the BRAC Commission, start a process that would get us on the ance with the provisions of rule XXII of the during their process in 1995, offered as DOD authorization conference report. Standing Rules of the Senate, do hereby an alternative to privatize in place. Let f move to bring to a close debate on H.R. 2646, me suggest to you, Mr. President, that the Education Savings Act for Public and EDUCATION SAVINGS ACT FOR is not the case. It was the case in New- Private Schools. PUBLIC AND PRIVATE SCHOOLS Trent Lott, Paul Coverdell, Robert F. ark, it was the case in Louisville, it Bennett, Pat Roberts, Strom Thur- was the case in the Naval Air Warfare Mr. LOTT. Mr. President, regarding mond, Gordon H. Smith, Bill Frist, Center in Indianapolis; but it was not the Coverdell A-plus education bill, I Mike DeWine, Larry E. Craig, Don the case in either McClellan Air Force ask unanimous consent that the Sen- Nickles, Connie Mack, Jeff Sessions, Base or Kelly Air Force Base. The rea- ate now turn to H.R. 2646, the Coverdell Conrad Burns, Lauch Faircloth, Thad son I say that is that, specifically in education bill. Cochran, and Wayne Allard. those first three instances where they Mr. DASCHLE. Mr. President, reserv- Mr. LOTT. Mr. President, for the in- did privatize in place, the BRAC report ing the right to object. We have no op- formation of all Senators, the cloture said specifically ‘‘privatize in place.’’ position to moving to the bill, but, ob- vote on the Coverdell education bill Contrary to that, in the 1995 round, it viously, how the bill is considered will will occur on Friday of this week. We specifically said that whatever hap- be of some interest to us. I know that will have consultation with the Demo- pens, whether it is privatization or the leader has indicated he would like cratic leader and will notify Senators anything else, you have to move the re- to go to the bill and, as I understand it, as to exactly what time that would quired equipment and any required per- there may be a cloture vote as early as occur. We will give them that informa- sonnel to the receiving locations. Friday on the bill itself. tion on Thursday so Members can I think we all know why that is the Obviously, we still have not been able make plans for what time we would case. If you have five air logistic cen- to resolve our problems relating to have that vote and, hopefully, what ters, each one operating at 50 percent campaign finance reform and, in part time they could then leave on Friday. capacity and you close the two least ef- because of that and also because this is In response to the Democratic lead- ficient ones, according to the BRAC a tax bill and not subject to reconcili- er’s comments, first of all, this is a Commission, you then would transfer ation constraints under which we have very, very important issue. I have that workload, and if you didn’t trans- worked with other tax bills, Demo- found that any time that I explain fer that workload, you would have to cratic Senators, I know, and perhaps what the Coverdell A-plus provision somehow account for paying for 50 per- some Republicans would appreciate the will do, people of all backgrounds and cent of overhead that isn’t being used. opportunity to offer amendments. We races and situations in education are Now, when we talk about what this have an array of amendments on this very much attracted to it. We would bill does, it is true that we are includ- particular bill that we would like to allow people, whether it is parents or ing in any competition a value for the offer and, of course, perhaps most grandparents or even other groups, to vacancy that occurs, or the 50 percent prominently of all, the non-tax-related be able to have savings accounts simi- capacity that is not being used in the matters for which there would be an in- lar to individual retirement accounts.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11322 CONGRESSIONAL RECORD — SENATE October 29, 1997 And those moneys can be used with tax Mr. President, I ask unanimous con- those highway people that now would benefit to help children with education, sent that the mandatory quorum under like some additional action, where K through 12—kindergarten through rule XXII be waived. were they a week ago? Why weren’t the 12th grade. That may be for com- Mr. DASCHLE. Mr. President, reserv- they talking to the Senators that were puters, or it could be for a tutor. It ing the right to object, I wish quickly opposing cloture that would allow us to could be for supplies, or it could be to to respond. get on to this highway bill? make some decision on their own as Mr. President, the distinguished ma- So, if they have any ideas now as to parents as to where their children jority leader mentioned several other how to proceed, I urge them to talk to would go to school. It is the sort of pieces of legislation that have urgency the chairman and ranking member on thing we have for higher education in to them. Our position has been all the Environment and Public Works America. along that on those occasions where Committee and explain why they I think one of the reasons we have there is urgent legislation, we want to weren’t involved a week or 2 weeks ago very good higher education in America work with the majority to expedi- so we could get to the substance of this but much weaker elementary and sec- tiously move those bills through the issue. ondary is because we don’t have the process. One in particular is the 6- f same resource, the same opportunity, month ISTEA bill. We have indicated the same financial benefits available. that we are more than ready to respond UNANIMOUS CONSENT REQUEST— So I think this is a bill that has a lot to the bipartisan Governors’ request NATIONAL DEFENSE AUTHORIZA- of support. We saw that here in the stated yesterday in a letter that we TION ACT FOR FISCAL YEAR 1998, vote earlier this year in the Senate. pass a 6-month ISTEA bill. Members of CONFERENCE REPORT I am glad that Senator DASCHLE indi- the House leadership have said they Mr. LOTT. Madam President, I now cates that they do not object to us get- will only accept a short-term bill. The ask unanimous consent that the Sen- ting to the substance of this bill. House short-term bill is currently on ate turn to the consideration of the With regard to amendments, I cer- the calendar. DOD authorization conference report, tainly think it would be a good idea I hope we can take that House-passed and it be considered as having been and would want amendments to be of- bill, amend it with any improvements read. fered. I would like for them certainly the Senate deems appropriate, and Mr. DASCHLE. Reserving the right to be germane amendments. After we quickly to deal with the urgent matter to object. get cloture on this issue then we would of reauthorizing expired safety pro- Mr. GRAMM. Reserving the right to go to the amendment process. I am grams and the urgent matter of pro- object. sure that Senators on both sides of the viding contract authority that the 6- The PRESIDING OFFICER. The Sen- aisle would probably have some amend- month legislation addresses. So we are ator from Texas is recognized. ments that they would like to offer. more than willing to work with our Mr. DASCHLE. Madam President, I I think, once again, it is very unfor- colleagues on such matters of urgency. sought recognition. tunate that this matter would be tied This tax bill, however, would not be Mr. GRAMM. Madam President, if I up over the campaign finance reform called urgent. It may be, as the Sen- might have the indulgence of the ma- issue. We continue to work to get some ator has indicated, a popular bill. But jority leader to try to explain where we agreement that we can go along with. there are other popular tax bills that are, and I will do it very briefly. As a matter of fact, once again, just didn’t get in the budget reconciliation We have before us a bill that would like last week, I had thought we had an package last summer that many Sen- take 17 hours to read. It has 30 pages in agreement. We had a unanimous-con- ators want to revisit. This happens to it that are aimed primarily to prevent sent agreement typed up. Senator be one of them. competition from occurring in defense. MCCAIN is now saying that is not what We have a whole host of other tax In preventing competition from occur- he meant, that is not what he wants, or provisions that we think the Senate, if ring, it will cost the taxpayers hun- he needs something different. But we we are going to have a tax bill, ought dreds of millions of dollars, and it will will continue to work on it. Senator to at least give some thought to recon- prevent private contractors—some of DASCHLE and I have talked. I have sideration. whom might use facilities at Kelly Air talked to interested Senators in trying So again we are certainly ready to Force Base in Texas or might use fa- to get resolution as to when it would work with our colleagues, and I am cilities at McClellan Air Force Base in be handled. willing to work with the majority lead- California, or might use other facilities I say, again for the RECORD, it would er to see if we can’t resolve that mat- anywhere in the country—from com- be my intent to call this issue up be- ter. But I am very hopeful and deter- peting. fore the end of the first week in March. mined to ensure that we do come to Despite the fact that we have a bill I don’t intend to fill the tree up. I some final agreement on a procedure that would take 17 hours to read, de- would like amendments to be in order. on campaign finance, and, like the ma- spite the fact that we have 30 pages of The problem is Senator MCCAIN wants jority leader, I stand willing to work language which is primarily aimed at some specific extra provision as to with those who have been very much preventing this competition, in work- what he might offer and how it would involved in the issue to see if we can do ing with the Defense Department and be voted on. That is what we are still that this week. with the White House, we have come up working on. But we get very close, and I will not object. with 1 page of changes that if it could then it slides back a bit. We will keep The PRESIDING OFFICER [Ms. COL- be made in technical corrections to the working on that because, again, I think LINS]. Without objection, it is so or- language of the bill, then we would it would be unfortunate if the Senate dered. happily get out of the way and let the would continue to be tangled up on Mr. LOTT. Madam President, if I bill pass. that issue while letting very, very im- could just respond further, I think I The President, who is committed to portant national issues like our na- have made it clear my commitments veto the bill—and I put his letter in the tional transportation infrastructure, trying to get the ISTEA extension RECORD—would then gladly sign the highway improvement and educational highway infrastructure bill done. Basi- bill. So the point I would like to make opportunities in America—even fast- cally, the Senate spent 2 weeks trying is that while we are here to resist to track trade agreements—because we to get on the substance of that bill. Be- the best of our ability—and we will re- can’t get an agreement on this other cause of the unrelated campaign fi- sist—that we are only a few changes issue. nance reform issue, the highway bill away from the ability to move ahead But as majority leader I am going to has had to be pulled. I indicated more with a bill that not only could we pass call these important bills up. And this than once repeatedly that if we didn’t this afternoon but that the President one will get a cloture vote, and then get cloture and get on the substance could sign. hopefully we will proceed to the sub- the Members that were blocking that It is my understanding that there stance and relevant amendments that bill would have to bear the responsi- may be other technical language would be offered. bility for it. For those Governors and changes related to an amendment that

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11323 Senator DOMENICI wrote that was Mr. GRAMM addressed the Chair. Mr. LOTT addressed the Chair. adopted by the Senate, and then subse- The PRESIDING OFFICER. Does the The PRESIDING OFFICER. The ma- quently was technically changed by the minority leader seek recognition? jority leader. staff. Senator DOMENICI is seeking to Mr. DASCHLE. I do, Madam Presi- Mr. LOTT. Madam President—— get a technical change to correct this dent. But I would be happy to allow the Mr. GRAMM. Let me ask the Chair. mistake. I think if you look through distinguished Senator from Texas to Mr. LOTT. Madam President, I am the 30 pages of depot language—what complete his remarks. raising my hand to go ahead and give a the Leader is looking at—you can see Mr. GRAMM. I was seeking recogni- second. that we are asking for hardly any tion, Madam President, both to com- The PRESIDING OFFICER. Is there a changes, but that these are changes the plete my remarks, and to object. If the sufficient second? Secretary of Defense and the President distinguished minority leader wanted There is a sufficient second. believe are critical to their ability to to speak before I objected, I would be The yeas and nays were ordered. operate the Defense Department effi- glad to withhold. Mrs. HUTCHISON addressed the ciently and to meet the national secu- Mr. DASCHLE. I appreciate the ac- Chair. rity needs of the country. commodation of the Senator from The PRESIDING OFFICER. The Sen- So, while we are here today to ob- Texas. ator from Texas is recognized. struct, we are willing, with just a few Madam President, just very briefly, AMENDMENT NO. 1526 TO MOTION TO POSTPONE changes, to allow the bill to go for- because the distinguished majority Mrs. HUTCHISON. I send an amend- ward, and in the process we can get a leader made some comments relating ment to the motion to postpone to the guarantee that the President will sign to the ISTEA bill, let me just say as desk, and ask for its immediate consid- the bill. succinctly as I can, there is a dif- eration. So I would like to urge my colleagues ference between desirable outcome and Mr. LOTT. Madam President, I move to work with us to correct this 30 pages an essential outcome. A 6-year bill cer- to table the Gramm motion, and I ask of language which is aimed at pre- tainly is desirable. I have long favored for the yeas and nays. venting competition. a 6-year bill with my full support. But The PRESIDING OFFICER. The So, while we obstruct, we hope to a 6-month bill is now essential. House clerk will first report the amendment make progress. leaders have said they are not taking from the Senator from Texas. And, based on that hope, I object. up the desirable bill. They are taking The legislative clerk read as follows: Mr. LOTT. Under his reservations, up the essential bill—the 6-month bill The Senator from Texas [Mrs. HUTCHISON], would the Senator withhold on his ob- that bridges the two legislative ses- proposes an amendment numbered 1526 to jection, and allow me to make a com- sions to accommodate our Nation’s the motion by Mr. GRAMM to postpone the ment and ask a question? highway, transit and safety needs. We motion to proceed: Mr. GRAMM. Certainly. have come to the recognition, given Strike the date and insert ‘‘January 18, 1998.’’ Mr. LOTT. Madam President, if he our current circumstances, that the es- would yield for a response, I under- sential bill may be all we can do. The PRESIDING OFFICER. The ma- stand that these few changes are about So I do think it is important as we jority leader. 30 pages. consider these bills to recognize that Mr. LOTT. I move to table the Mr. GRAMM. No. there is a difference between essential Gramm motion, and I ask for the yeas Mr. LOTT. I have been notified by and desirable. We recognize the impor- and nays. four Senators that they have objec- tance of getting the essential work The PRESIDING OFFICER. Is there a tions. done. That is the reason we would sup- sufficient second? There is sufficient second. Mr. GRAMM. Those are the 30 pages port this afternoon taking up that bill. The yeas and nays were ordered. in the bill. The only changes we are I again appreciate the accommoda- Mr. GRAMM. Madam President, I making are the changes that are writ- tion of the Senator from Texas. suggest the absence of a quorum. ten in black ink. I yield the floor. The PRESIDING OFFICER. The Mr. LOTT. Let me just say I have Mr. GRAMM. Madam President, I ob- clerk will call the roll. worked with this issue, as the Senator ject. The bill clerk proceeded to call the knows, and the other Senator from The PRESIDING OFFICER. Objec- Texas, over the last 2 or 3 years. I know roll. tion is heard to the unanimous-consent Mrs. HUTCHISON. Madam President, there are other Senators that have an request. interest in it and have different views. I ask unanimous consent that the order I know a mighty effort has been made f for the quorum call be rescinded, only on all sides. This is not a partisan NATIONAL DEFENSE AUTHORIZA- to ask unanimous consent that a staff- issue. It is a difficult issue between TION ACT FOR FISCAL YEAR er be allowed on the floor. some States, though, to try to resolve 1998—CONFERENCE REPORT The PRESIDING OFFICER. Is there it. objection to the unanimous-consent re- MOTION TO PROCEED I really felt like we were never to quest? Without objection, it is so or- bring it to a head until we get this leg- Mr. LOTT. Madam President, I now dered. The Senator from Texas. move to proceed to the DOD authoriza- islation started. That is my intent PRIVILEGE OF THE FLOOR here. We are going to get it started off. tion conference report. Mrs. HUTCHISON. I ask unanimous I have discussed with Senator MOTION TO POSTPONE consent my staff member, Karen DASCHLE the possibility that we at Mr. GRAMM. Madam President, I Knutson, be allowed access to the floor. some point—we met this afternoon—we send a motion to postpone the motion The PRESIDING OFFICER. Without meet to see what else can be done. I am to proceed to the desk, and ask for its objection, it is so ordered. certainly willing to continue to work immediate consideration. Mrs. HUTCHISON. I suggest the ab- with both sides to try to find a resolu- The PRESIDING OFFICER. The sence of a quorum. tion. clerk will state the motion. The PRESIDING OFFICER. The But we are running out of time in The legislative clerk read as follows: clerk will call the roll. this session. This is a very, very impor- The Senator from Texas [Mr. GRAMM], The bill clerk proceeded to called the tant bill for national defense and the moves to postpone the motion to proceed roll. security of our country. until January 15, 1998. Mr. LOTT. Madam President, I ask So I thought we should go ahead and Several Senators addressed the unanimous consent that the order for get started. And hopefully that will Chair. the quorum call be rescinded. cause us to try to find some way to re- Mr. GRAMM. Madam President, I ask The PRESIDING OFFICER. Without solve this one remaining—one remain- for the yeas and nays. objection, it is so ordered. ing—very difficult issue to resolve. The PRESIDING OFFICER. Is there a Mr. LOTT. I ask unanimous consent I thank the Senator for withholding sufficient second? that, prior to the motion to table vote, so I could make that comment. There is not a sufficient second. there be 45 minutes of debate only,

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11324 CONGRESSIONAL RECORD — SENATE October 29, 1997 equally divided between the time con- This so-called compromise essen- other overhead that had been shifted to trolled by Senator GRAMM and Senator tially puts an end to the Defense De- other accounts. INHOFE, or their designees. partment’s plan to conduct public-pri- The way the next two competitions The PRESIDING OFFICER. Is there vate competitions for the depot work are set up, under this bill, private in- objection? currently done at both Kelly and dustry will be very reluctant to bid, Mr. GRAMM. Reserving the right to McClellan. The possibility for a private and probably will not bid, on the work- object, and I will not object, so in es- company to win one of these competi- loads at McClellan and Kelly. In fact, sence what we are agreeing to is to set tions is the cornerstone of each com- the Sacramento Bee quoted an indus- aside 45 minutes, half of which would munity’s reuse plan that resulted from try representative who said, ‘‘I can’t be ours, for people to talk about the the Base Realignment and Closure Act conceive of a company that would bid issue. At the end of that 45 minutes, we which will close both of these bases at for McClellan and Kelly under these would then vote on the motion to the turn of the century. circumstances.’’ table—— Continuing to quote from Director Supporters of the depot language say Mr. LOTT. That’s correct. Raines’ letter: this is a compromise that will allow Mr. GRAMM. The underlying amend- The bill seeks to impose unique and inap- fair and open competitions at McClel- ment. OK. Fine. propriate requirements on DOD’s process for lan and Kelly. I say baloney. How can The PRESIDING OFFICER. Without allocating the work now performed at San I or my colleagues from California and objection, it is so ordered. Antonio and Sacramento Air Logistics Cen- Texas believe that these competitions Mr. LOTT. Madam President, just ters. The Department is conducting a fair will be fair and open when one of the again for clarification of what we are and open competition to determine the most authors of this very language, a Sen- doing here, there are very strong feel- efficient and cost-effective way to perform this work in the future. Both private con- ator from Oklahoma, believes that this ings and great ground for substantive tractors and public depots are competing for language shuts the door on private in- disagreement on this issue. Before we the work. By dictating how DOD should dustry’s ability to compete. Quoted in start a series of procedural votes, I treat certain competitive factors, this bill the Daily Oklahoman he said, ‘‘I think thought it made good sense for both seeks to skew any competition in favor of it’s highly unlikely any contractor sides, proponents and opponents of the the public depots. would want to bid on it.’’ Now, how are position in the conference report, to This skewing of the outcome of these my colleagues and I supposed to be- sort of have a chance to lay out their ongoing public-private competitions is lieve it is a fair compromise with positions. By doing it this way, the what is unacceptable, and we will fight statements like this? We need fair and time will be actually controlled be- it to the bitter end. open competition for the depot work at tween the two sides. Then we will have We tried to work with the committee McClellan and Kelly. As Secretary some procedural votes. And it is my in- toward an agreement. At one time, the Cohen has stated repeatedly, this lan- tent to also file cloture on this issue Senators from Texas and California guage just does not provide it. tonight. thought we had succeeded in reaching Beyond that, we will see what hap- an agreement with the committee. We We need to allow public-private com- pens. So, for the next 45 minutes, then, were ready to buy half a loaf. There petitions in order to achieve the kinds we will have debate equally divided. were four points we wanted, but the of savings necessary to reach the pro- I yield the floor. agreement we thought we had only curement levels needed to fund the modernization of our weapons systems. The PRESIDING OFFICER. Who contained 21⁄2 of those needs. We agreed yields time? to back off. Overnight those who wrote Madam President, I have much more Mr. GRAMM. Madam President, I the bill put in technical language to say, but in the interest of time let yield the distinguished Senator from which essentially killed the ability for me say this. California 7 minutes. private contractors to bid. One of the The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- ways they did it was by hiding their ator’s 7 minutes have expired. ator from California is recognized for 7 overhead costs. Mrs. FEINSTEIN. We have tried to minutes. I think the Senators from Texas can achieve a compromise. We are open to Mrs. FEINSTEIN. I thank the Chair well explain how this has happened in a compromise. and thank the Senator from Texas. the past, and how great a disincentive Madam President, I rise to oppose Mr. GRAMM. Madam President, I this would be to any private company yield 1 additional minute to the distin- the Defense authorization conference who might want to bid on our work- report. I oppose this conference report guished Senator from California. loads. The PRESIDING OFFICER. Without because it contains language that will I find it amazing that this depot cau- objection, it is so ordered. effectively ban any further public-pri- cus language was still included, even vate competition of depot workload at after the first private-public competi- Mrs. FEINSTEIN. I thank the Sen- McClellan and Kelly Air Logistics Cen- tion held for Kelly’s C–5 air work work- ator from Texas. ters. If this restrictive depot language load was won by Warner Robins Air Lo- We are open to a compromise. We are remains in the bill, the President has gistics Center in Georgia. willing today to accept the very lan- said he will veto the bill. A letter is al- Members of the Depot Caucus have guage that we thought we had agreed ready in the RECORD, signed by Office complained from the first day these upon, which gave us the two and a half of Management and Budget Director competitions were announced by the issues out of the four which would en- Franklin Raines, to that effect. I will Air Force that they would be unfair able us to have public-private competi- read the letter in part: and biased. They said that public de- tion at these bases. In order for this to The bill includes provisions whose intent is pots could not possibly win. But War- occur, we must return to the earlier to protect public depots by limiting private ner Robins won. How did this happen? compromise language, before the industry’s ability to compete for the depot- One of the reasons is that public de- changes were made. level maintenance of military systems and pots can hide their overhead in other Madam President, I cannot tell you components. If enacted, these provisions, which run counter to the ongoing efforts by accounts when they bid against private what a big deal this is in Northern Congress and the Administration to use com- industry for work, and members of pri- California. The entire community has petition to improve DOD’s business prac- vate industry on numerous occasions been mobilized around this concept of tices, would severely limit the Department’s have said this is exactly why they can- possibly being able to privatize the flexibility to increase efficiency and save not compete under current law. workload. All we are asking for is fair- taxpayer dollars. Warner Robins, as I understand it, ness. All we are asking is that the deck Both the Quadrennial Defense Review and took advantage of this ability to hide not be stacked against us. All we are the National Defense Panel recommended re- overhead costs to help make their bid asking is that public depots not have peal of current laws constrain DOD’s efforts to competitively outsource depot mainte- below that of their private competi- the opportunity to fudge bids by hiding nance workload. Rather than facilitating tors. In fact, the Air Force had to add costs. This conference report denies DOD’s use of competitive outsourcing, the approximately $170 million to Warner that, and we have decided that we will bill attempts to further restrict it. Robins’ bid for the 500 employees and use every avenue open to us to fight

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11325 this bill until we either achieve a com- So do I. I think we have responded to integrity in the contracting process in promise or a veto. the Senator’s call for competition, and the Department of Defense, which in- The PRESIDING OFFICER. The Sen- we have crafted language that produces tegrity we feel has been attacked. ator’s additional time has expired. that. I was asked, on the record, would you Mrs. FEINSTEIN. I thank the Chair. Madam President, I have a document still be fighting this fight if Hill Air The PRESIDING OFFICER. The Sen- with responses to a floor statement Force Base were not involved, and ator from Oklahoma is recognized. that was made earlier by the senior would you stand to protect Hill Air Mr. INHOFE. Madam President, I Senator from Texas. This briefly ad- Force jobs if it cost the taxpayers yield 7 minutes to the Senator from dresses some of his primary objections, extra money? I said to the reporter in Utah. many of which have been repeated here the hometown where Hill Air Force The PRESIDING OFFICER. The Sen- today. Base is located, if we cannot dem- ator from Utah is recognized. I ask unanimous consent that the onstrate that the Air Force is better Mr. BENNETT. I thank the Chair and summary of those 11 statements, plus off financially by having the work done I thank the Senator from Oklahoma. the responses to them, be printed in at Hill Air Force Base, I cannot as a I sat and listened to the senior Sen- the RECORD at the end of my state- Senator say the work should still be ator from Texas as I did some weeks, if ment. done at Hill Air Force Base at a higher not months, ago when he made similar The PRESIDING OFFICER. Without price. speeches, and I want to respond to objection, it is so ordered. I believe the position we are taking is some of the comments he made. (See exhibit 1.) sound management practice, sound He said that his primary interest in Mr. BENNETT. Now, Madam Presi- business practice. It is what I would do life is preserving competition. I want dent, I have spent 5 years in the Sen- if I were a businessman charged with competition, too. He said he wants fair ate. I have spent 40 years in the busi- the responsibility of running this fac- competition. I want fair competition, ness community. I am a businessman tory that is at overcapacity, and I be- too. I remember in his previous speech who has run businesses. I would like to lieve that we have just as solid rea- he said he was so concerned about fair speak, in the remaining time, out of soning to stand on principle as the Sen- competition that he would be willing that experience rather than the polit- ator from Texas believes he has. to write the law in such a way as to ical experience. I hope everyone will recognize that it outline the requirements to make sure What we are dealing with here from a is not appropriate to attack anybody there was fair competition and then business standpoint is a factory that is else’s motives. Now, if he attacks the allow the depots a 10-percent cushion. at overcapacity. The question is, How motives of the folks in the House, that He said, if they came within 10 percent do we as competent managers deal with is fair game. I will let him do it with of the private sector, they would be that excess capacity? Do we have com- the people in the House; that is kind of given the opportunity to hold the petition? Of course, we do. If we have the way we do it here. But I wanted to work. items that can be taken out of the fac- make my statement with respect to We believe the language in this bill tory and built more cheaply someplace where we are in the Senate. fulfills the requirement that he laid else, we want them out of the factory EXHIBIT 1 out on this floor at that time, that it and built more cheaply someplace else. COMPETITION—STATEMENTS OF SENATOR PHIL does outline fair competition. He says But if we have the capital investment GRAMM many people think of depots as an enti- in the factory itself and we have excess 1. ‘‘What the Department of Defense wants tlement, and he says, ‘‘I reject that.’’ capacity, we would not be wise stew- to do is have a competitive bidding between I agree with him 100 percent. Depots, ards, we would not be intelligent the three depots in the Air Force that are or any defense facility, are not an enti- businesspeople if we did not go out and doing maintenance work and private con- tlement, whether it is in California or look for things to be built in the fac- tractors.’’ (The bill specifically authorizes Texas or Utah or Arizona. However, tory to soak up that excess capacity as such competitions and requires that the De- partment allow all qualified bidders and there is the question of the core capa- our first responsibility to the share- teams to participate.) bility of the Department of Defense in holders. 2. ‘‘Now, what Senator Hutchison and I establishments that they have created We here in the Senate are responding want is simply to allow private contractors over time. It is an established rule that not to shareholders but to taxpayers. in our State or anywhere else to have the core work is to be done in Government- We are responding to military people right to compete for this work and, if they owned facilities. who are depending upon these facilities can do it better, if they can do it cheaper, What is core work? It is the work to provide the necessary skills in time they would have an opportunity to do it.’’ that has to be done in case we go to (The bill specifically authorizes such com- of war, and we are facing a cir- petitions and requires that the Department war, in case we are in the circumstance cumstance where we have excess capac- allow all qualified bidders and teams to par- where a private contractor says, ‘‘I ity. ticipate.) don’t want to interrupt my commercial I am as dedicated as anybody else to 3. ‘‘Why should we not have price competi- business to do this military business the idea that we need to move ahead tion.’’ (We should, and this bill makes that just because there is a war going on.’’ with competition and save taxpayers’ happen. The compromise language requires There is core work that must be done. money. But to ignore the question of that the Department has to take into ac- Prior to the adoption of the language our existing capacity and overcapacity count the total direct and indirect costs when comparing the offers.) that is in this bill, the definition of in the name of a theoretical argument 4. ‘‘If Republicans believe in anything, it is what is core work and what is not was in favor of competition, which sounds competition.’’ (The bill reflects this belief, left entirely to the Secretary of De- good in the classroom, is to be irre- and specifically authorizes such competi- fense. That means if the Secretary of sponsible. tions and requires that the Department Defense wants to rule something as not One final comment, Madam Presi- allow all qualified bidders and teams to par- core work and thereby rig the competi- dent, and then I will yield back the re- ticipate on an even playing field.) tion for political purposes, he has the mainder of my time. The Senator from 5. ‘‘Obviously, if you wanted to be reason- able on this issue, you would simply say to right to do it. Texas has said on this occasion and re- the Defense Department, look, here are a set One of the things that appeals to me peatedly that this for him is not a pa- of criteria for looking at a fair competition most about this language is that it rochial issue, that it is a matter of with a level playing surface.’’ (The bill does puts sunshine on the process of deter- principle and that he is standing on this. It authorizes competitions and estab- mining what is core and what is not this principle even if a base in Texas lishes a few of the criteria that must be con- and requires the Secretary of Defense were not involved. I will accept that. I sidered in evaluating the various proposals. to report to whom? To the Congress, to will respect that. I want to make it The Department of Defense would retain the the people who are appropriating the equally clear, however, Madam Presi- flexibility to establish any additional cri- teria that the Department believes would en- money, as to what is core and what is dent, that there are those of us on the sure a level playing surface.) not. other side of the argument who feel 6. ‘‘But we could set out simple criteria for What can be wrong with that? The just as strongly that we are standing a level playing surface to have competition Senator from Texas wants competition. for a principle where the principle is between the public sector and the private

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11326 CONGRESSIONAL RECORD — SENATE October 29, 1997 sector to do this work.’’ (Again, this bill does How do you have competition if there out. We think we almost did work this this. It establishes a few of the criteria that are no bidders? matter out, but overnight, something must be considered in evaluating the various I yield 5 minutes to the Senator from changed in the language. We are unable proposals. For example, it states private and California. to look our constituents in the eye and public bidders can team. This is good for The PRESIDING OFFICER. The Sen- competition. The Department of Defense look the taxpayers in the eye and say would retain the flexibility to establish any ator from California is recognized for 5 they are going to get a fair deal, be- additional criteria that the Department be- minutes. cause they are not. lieves would ensure a level playing surface.) Mrs. BOXER. I thank the Chair. I That is really all we want on behalf 7. ‘‘Have competitive bidding after you thank Senator GRAMM for yielding me of our constituency: a fair chance to first set out the criteria for competitive bid- this time. I thank Senator HUTCHISON compete, to do the work at a lower ding. If you want to look at the cost of facili- for her being so kind to me to allow me cost. You wouldn’t think we would ties they are using, to make adjustments for to precede her in these remarks. I will have to struggle over such a common- it, then look at everything—look at retire- not go over my 5 minutes because I sense proposition. ment costs, look at every single cost, come know she has much to offer and has I really have to say that the passage up with a way of measuring it, and have a of this bill has been jeopardized. The competition. And then, even if the depots been struggling with this issue for lose the competition by less than 10 percent, quite a while. adoption of this conference report is give it to them anyway.’’ (The criteria spe- I wonder if the public is confused jeopardized, and there is no reason for cifically includes the cost of facilities (land, about what this debate is all about. it. We were so close. We ought to go plant, and equipment) from a military in- They see colleagues across party aisles, back again. stallation that are proposed to be used by a from Texas and California, joining What happened in the end, to use an private offeror. The Department would re- hands—we don’t often do this on many analogy, was like a footrace in which tain the flexibility to include the cost of fa- the committee basically said, ‘‘Line up cilities that are proposed to be used by a issues—and complaining that, in fact, a compromise that was supposed to occur all the private sector people who want public depot if they can justify their deci- to be involved in depot work; line up sion. The criteria also include the total esti- in the committee to work out the prob- mated direct and indirect costs (including lems we all had with this depot lan- all the public depots in Utah, in Okla- retirement costs) and the total estimated di- guage was abandoned. Had that lan- homa, in Georgia, and everyone will rect and indirect savings to the Department guage been held to, had we been able to sprint as fast as they can for 100 yards. of Defense. The only thing the language does work it out, we would all be here with- The first person to cross the finish line not do is give the public depots a 10-percent out holding up this bill. wins.’’ price preferential, as was proposed by the I really think what is at stake is very Unfortunately, the committee put Senator from Texas. 100-pound weights on those from Kelly 8. ‘‘But what I want the workers there to important not just to those workers at McClellan, 2,000 strong—it impacts and McClellan, so they can’t win a race have a chance to do is to go to work for pri- or even compete in a race if they are so 2,000 families—4,000 workers at Kelly, vate companies that might have a chance to burdened. That is what this conference compete for the work. So I am not asking for at least that many and their families, anybody to give anything to San Antonio, committee has done. but also, as Senator GRAMM has point- I say in the name of fairness, to those TX. But I am demanding that we have an op- ed out, to taxpayers throughout the portunity to compete.’’ (The compromise working families at Kelly and McClel- Nation. lan, I say in the name of fairness to language gives them this opportunity.) But the fact is, either you are for taxpayers who want to see us move for- The PRESIDING OFFICER. The time competition and the best deal for tax- of the Senator from Utah has expired. ward and save as many tax dollars as payers or you are not. We are for com- we can, and in the name of a strong na- Mr. GRAMM. Madam President, I petition. We are for allowing the pri- want to yield to my colleague from tional defense where the Defense De- vate sector to come in with a fair and partment has the flexibility it needs in California, but I want to make two level playing field. The language in the points that I think will be telling. this case and many others to move to bill which we now oppose would thwart the best way to meet our national de- I would like people to note that in competition. trying to find a compromise, I made an fense needs, in the name of all of them, In the Senate, we managed to keep I suggest that we go back to com- extraordinary offer which the Senator all harmful language off the bill, but promise mode. We can resolve this alluded to, and that is I said, look, the House had very restrictive lan- problem and move this bill forward. don’t have a fair competition between guage. We hoped going into the con- That is the spirit in which I speak to the private sector and the depots. Have ference there could be a compromise. the U.S. Senate today. I do want to say a competition that says if the depots What you are going to hear from this. I am as determined as my col- can do it at only 10 percent more than some of the folks who don’t want com- leagues from Texas and my senior Sen- the private sector, then give them the petition from the private sector is that ator, Senator FEINSTEIN, to do every- work and let the taxpayer pay 10 per- this group of us from Texas and Cali- thing in my power to make sure—to cent more for the same work. But if fornia want to undo the BRAC, want to make sure—that the commitments they, if the private sector, can do it undo the Base Closure Commission and made to the people at Kelly and with savings of at least 10 percent, their recommendations vis-a-vis Kelly McClellan and to the taxpayers are, in then let them have it. and McClellan. This is false. fact, kept. We will use every par- I would just note to my colleagues If you turn to page I–85 of the BRAC liamentary tool at our disposal to that was an offer on my part to have report, you will find that right there it make sure that fairness and justice less than a flat playing surface, and says the DOD is instructed to ‘‘consoli- will win out in this debate. Thank you, that offer was rejected. date the remaining workloads to other very much. I yield back my time to Second, I would just go back to the DOD depots or to private sector com- Senator GRAMM. newspaper article reporting on the mercial activities.’’ Mr. INHOFE addressed the Chair. amendment and those who had crafted So very clearly the BRAC said the The PRESIDING OFFICER. The Sen- the language of the bill saying, ‘‘The DOD should have the flexibility to ator from Oklahoma. requirements put on contractors’’— work with the private sector, and the Mr. INHOFE. I yield 6 minutes to the that is private contractors—‘‘in the administration very much wants to do distinguished junior Senator from new language would likely keep them this. The Department of Defense very Georgia. from wanting to bid on the work.’’ much wants to do this. The PRESIDING OFFICER. The Sen- Well, if the language keeps them We already heard from Senator ator from Georgia is recognized. from wanting to bid, how do you have GRAMM that the President will veto Mr. CLELAND. Madam President, I competition? It seems to me that those this bill if we do not move forward to- certainly understand the position of two points show we were not even in- ward a compromise. I don’t think the the Senators from Texas and Cali- sisting on any kind of level playing Senators from California and Texas fornia. They have worked long and surface. And second, they say of their want a veto. We could stop talking at hard on this issue. I understand where own provision that it will prevent pri- this very moment and go into one of they are coming from. I congratulate vate contractors from wanting to bid. the cloakrooms and work this matter the

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11327 Senator from Oklahoma, Senator The PRESIDING OFFICER. The Sen- point, there has to be integrity in the INHOFE, and others, who have worked ator from Texas is recognized. process. At some point, the people of just as hard to make sure this is a fair Mrs. HUTCHISON. Thank you, San Antonio or the people of Sac- bill. The bill is consistent with the tar- Madam President. I thank all of the ramento must know that there is a gets of the bipartisan budget agree- Senators who are trying to do what is fairness because the Base Closing Com- ment. right in this bill. I hope very much mission recommended that the Depart- On the major issues such as Bosnia, that we will be able to come to an ment of Defense be given the option of the B–2 bomber, and cooperative threat agreement that will allow free and fair privatizing in place or going to a public reduction, the bill is much closer to competition. depot. They have competed fair and the Senate position than the House po- We are not asking for something spe- square, and they have been beaten. sition. The most difficult issue to re- cial. We are not asking for an advan- They have been beaten. So you can solve in the conference was the depot tage. In fact, we have gone so far be- have a fair competition. It has been maintenance provision. These provi- yond where BRAC, the Base Closing shown. sions are the product of intense com- Commission, was that I think we have Who was the winner in the C–5 com- munication, diligent coordination and gone overboard to allow the public de- petition? It was the taxpayers of Amer- diplomatic negotiations of the issues to pots to even compete, because the Base ica, because there was competition. the fullest extent possible. We have ac- Closing Commission report in 1995 The taxpayers of America and the men tually been working on these issues states specifically, and I am reading and women in our military gained $190 some 9 months. We made numerous sig- from the report: million because that is the efficiency nificant concessions in order to reach Therefore, the Commission recommends that would be gained because there was an agreement. the following: Realign Kelly Air Force Base, competition. In the final analysis, the major con- including the Air Logistics Center, consoli- If you take the other competitions cessions were: date the workloads to other Department of that are left to go during the years, We agreed to the Department of De- Defense depots or to private sector commer- think of the hundreds of millions of fense request to continue free and open cial activities as is determined by the De- dollars that will be available for a bet- fense Depot Maintenance Council. public-private competitions for the ter quality of life for our men and workloads at Kelly Air Force Base, TX, ‘‘As determined by the Defense Depot women in the services, for the equip- and McClellan Air Force Base, CA, Maintenance Council.’’ By the law that ment and the technology that would with public-private partnerships. this Congress passed in adopting the protect them when they are in the We agreed to the Department of De- Base Closing Commission report in field, and that would make our secu- fense request to lower the 60–40 rule to full, the Department of Defense has rity of our shores intact. Those hun- 50–50. total discretion about whether to move dreds of millions will go for our na- We agreed to the Department of De- the depot maintenance from Kelly and tional security rather than on wasted fense request to solicit a single con- McClellan or whether to privatize it in depot space. tract for multiple workloads having place. The concept of competition The PRESIDING OFFICER. The Sen- been certified by the Secretary of De- came forward in the intervening years, ator’s 5 minutes have expired. fense. and we all believe that is fair. Why Mrs. HUTCHISON. I ask Senator And we agreed that it is critical to shouldn’t the public depots be able to GRAMM maintain a core capability at the pub- for half a minute. compete? We think that is best for the Mr. GRAMM. I yield the Senator a lic facilities with a surge capacity that taxpayers. full minute. supports our mobilization needs at a So, of course, there we were trying to Mrs. HUTCHISON. Just to end my re- moment’s notice. get a fair and level playing field so that In spite of all the concessions made marks, if you want to have the argu- the public depots could compete, so ment on fairness, I will just quote from in this agreement, the opposition be- that there could be private competition lieves this should be an all-or-nothing the junior Senator from Oklahoma who in the depots that were closed, and says in the newspaper that the require- deal. To do so, I think, would truly ne- that is what is right for this country. gate the rules of fairness and the com- ments that are in this bill put on con- It is what is right for the Department tractors new language which would petitive market, and it undermines the of Defense, and it is what the Depart- credibility of DOD’s stated financial likely keep them from wanting to bid ment of Defense wants. So we have for the work. He says contractors will priorities. It also risks the future of le- added a huge measure of support for gitimate privatization efforts by the have to include in their bids millions of the public depots to be able to com- dollars in costs that weren’t previously Department of Defense. pete. I am satisfied with the depot provi- required. ‘‘I think it’s highly unlikely In the last 2 years, I have heard sion in the conference report. The De- any contractor would want to bid on Member after Member who represents a partment of Defense is satisfied with it,’’ he said. depot State saying, ‘‘There can’t be the provision. And the provision has Madam President, that is prima facie fair competition between the public the unanimous support of the Senate evidence that they are not looking for sector and the private sector.’’ In fact, Armed Services Committee on which I a level playing field. If they will sit the first competition that was held for serve. down and work with us, we will provide The provision does not include every- part of the work that is now being done the level playing field, the winners will thing that either side really wanted, at Kelly went out for competition and, be the taxpayers of America, the win- but it is undoubtedly a fair and unbi- in fact, the bid was awarded to a public ners will be the Department of Defense, ased bill that places bidders on an depot in Georgia. In fact, the Depart- the winners will be our men and women equal footing. ment of Defense personnel say that in the military, and the winners will be I find it hard to argue against fair- they don’t think there was a level play- the secure Americans who will have ness. So, Madam President, I suggest ing field in that bid. But nevertheless, the hundreds of millions of dollars that this body finally act on the defense au- the bid was won. competition will give us in national se- thorization bill, and it has my support. Did the people of San Antonio stand curity rather than in Government Thank you very much. I yield the floor. up and whine about not getting the waste. Thank you, Madam President. The PRESIDING OFFICER. Who bid? No, they didn’t. Even though they The PRESIDING OFFICER. The Sen- yields time? were told it wasn’t fair, even though ator from Oklahoma is recognized. Mr. GRAMM. Madam President, how they were told that their bid was bet- Mr. INHOFE. Thank you, Madam much time do I have left? ter, they did not whine about it be- President. I ask how much time do we The PRESIDING OFFICER. The Sen- cause they believe that if they have a have remaining on our side? ator has 7 minutes and 5 seconds re- fair chance, they will be able to com- The PRESIDING OFFICER. The Sen- maining. pete the next time. ator has 12 minutes and 22 seconds re- Mr. GRAMM. Madam President, I Now we have a bill before us that maining. yield 5 minutes to the Senator from does not allow them to compete on a Mr. INHOFE. I yield 3 minutes to the Texas. level playing field once again. At some Senator from Utah, Senator HATCH.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11328 CONGRESSIONAL RECORD — SENATE October 29, 1997 The PRESIDING OFFICER. The Sen- I know that I went to every one of nobody is deceived. And I am sure they ator from Utah is recognized. those meetings. It was a pressure- are not. Mr. HATCH. Madam President, I packed, difficult time. All of us were I thank the Chair. have been very interested in this de- concerned. The PRESIDING OFFICER. The Sen- bate because we went through three Frankly, the BRAC Commission did ator from Oklahoma. BRAC processes and, now, all of a sud- make the tough decisions in deter- Mr. INHOFE. Mr. President, how den, we find it turned upside down. mining which ones should survive, much time is remaining? Let me respond to the Senators from which ones should not. But for the The PRESIDING OFFICER. Eight Texas, especially Senator GRAMM. I other three to do their job, they must minutes. have always appreciated his dogged de- have this work in fair competition. I Mr. INHOFE. Mr. President, let me fense of competition. Generally, I am have every confidence that Utahns can just real quickly cover some of the right there with him. That is why I compete with anyone in a fair competi- things that have been said in the last truly regret that I must differ with tion. 10 or 15 minutes. him on his interpretation that the con- At least by leveling the playing field First of all, I do not like the way this ference report is, in his words, anti- for bidding on depot work, everyone ended up because we had to agree, in competitive. has a fair chance. May the best bidders order to bring everyone in and to have There is fair competition and there is win. And let us keep integrity in the a unanimous vote in the Senate Armed unfair competition. The conference re- process. What the Senators on the Services Committee, to allow the port proposes fair competition. other side seem to be arguing for is a President of the United States to inter- Let us look at how the conference re- system that really stacks the deck. fere and to politicize the BRAC process port differs from the privatization-in- The PRESIDING OFFICER. Who for the first time since it went in place place language initially proposed by yields time? in the round of 1989. the Clinton administration. Mr. GRAMM. Mr. President, how Second, a quote has been attributed First, the conference report requires much time does the Senator from Okla- to me that I do not think that the pri- that all the costs of operation be homa have? vate sector is going to want to bid on factored into the bids. The PRESIDING OFFICER. The Sen- this. I think that is accurate, because What honesty is there in a bid that ator from Oklahoma has 81⁄2 minutes. the private sector would have liked excludes certain costs? Well, you got Mr. GRAMM. How much time do I very much to bid if they could get that right—none. Privatization in have? free—for maybe a dollar a year—a huge place, as originally proposed, would The PRESIDING OFFICER. One have permitted certain contractors facility down in Texas or one in Cali- minute. fornia. Sure, that would be certainly to from excluding the costs of the facili- Mr. GRAMM. I would like to reserve ties themselves in Texas and in Cali- their advantage, but the taxpayers my time. would lose. fornia. Naturally, these contractors The PRESIDING OFFICER. The Sen- All we are saying is: If you want to would be able to submit artificially low ator from Oklahoma. have free and open competition, let us bids. This would be an unfair disadvan- Mr. INHOFE. I am going to reserve take all costs, direct and indirect tage to the successful depots, which the remainder of my time. The Senator costs, to the Department of Defense had already justified their existence from Texas can use his minute. through three separate BRAC proc- Mr. GRAMM. Mr. President, par- and throw them in there. esses, because excess capacity will in- liamentary inquiry. If there is a Two big costs: No. 1, the cost of the flate their hourly costs. quorum call at this point, how is that installation that would be used if pri- Second, the Base Closing and Re- time counted? vatization in place took place; and, No. alignment Commission, the BRAC, rec- The PRESIDING OFFICER. The 2, the cost of the excess capacity in the ommended the closure of Kelly and quorum call would be charged against remaining three air logistics centers, McClellan and that the work be distrib- whichever side put in the request. which the GAO said would be about uted to the three remaining depots. Mr. GRAMM. Well, Mr. President, I $468 million a year. Instead of consolidating work as will be happy to go ahead and take my Third, in terms of charges that have BRAC recommended, privatization in minute. The normal procedure would been made about competition, no one place merely masks greater ineffi- be both sides would run off their time in this Chamber is going to be able to ciency. Privatization in place may equally. I think we are the challenger stand any higher than I do on my back- sound like competition, but it is not here and should go last, but that is not ground in privatization. When I was fair competition. of any real significance. mayor of Tulsa, I privatized everything And it is not very prudent. Let me I think, Mr. President, I can sum up that wouldn’t move. ask my colleagues: How is it a cost sav- what this is about very simply. We This is different. This is our Nation’s ing if private companies are able to have 30 pages in this bill that were defense. However, this bill provides for take over the work of Kelly and written with one and only one purpose, privatization. It just says that we are McClellan under contract to the Gov- and that purpose was to derail price going to have to take all costs into ernment? I realize that this is some- competition, to prevent price competi- consideration. thing of a sleight of hand, so let me re- tion with the depots. Fourth, there is one other area in the view the concept. The people who wrote the provision bill. It is called ‘‘teaming.’’ Right now If you have a subsidiary plant that is are quoted publicly as saying that that under the current law, if this should be not working to capacity, the normal was the objective. They say in the defeated, the private sector would not business decision would be to close it newspaper that it would be virtually be able to go to the air logistics center down and redistribute the work to the impossible for a private firm to com- in Georgia or anyplace else and com- other more efficient plants, which was pete with a Government depot under pete because they are precluded from what BRAC was all about. But under their language. That is not me talking, doing so. This defense authorization the original Clinton plan, the work that is not the Senator from California bill provides for much greater oppor- would simply be bid out to others. talking. That is the proponents of this tunity for the private sector to com- There is no closure of the facility, and language and the people who help write pete. you are paying others for the work. the language. The issue that the junior Senator And, you have to ask, what in the Second, it has to strike you as funny from California brought up on privat- world is going on here? that this language only applies to com- ization in place—she was not in here The conference report language is a petition that would involve private when I covered the details in that. The compromise. Those of us referred to by companies who would choose to locate BRAC recommendations specifically the Senators from Texas and California either at Kelly or at McClellan. precluded privatization in place for the as the depot caucus are not getting The PRESIDING OFFICER. The Sen- air logistics centers. She quoted words what we wanted—which was the valida- ator’s time has expired. out of the BRAC language, but she ne- tion of the BRAC process, whatever Mr. GRAMM. We have 30 pages that glected to read the last sentence, which that may bring. are limited simply to that. So I hope I will read to you: ‘‘Move the required

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11329 equipment and any required personnel Finally, Mr. President, they keep fair compromise that was drafted by to the receiving locations.’’ talking about, ‘‘We had a deal.’’ There the members and staff of the Senate Mr. President, you, of course, are a was never any deal that was had. We Armed Services Committee after con- businessman. We have already heard have been negotiating this thing now sulting with all interested parties, in- your pitch. I agree with everything for well over a year. And we negotiated cluding the administration and the that you said. But the cost of keeping it in years prior to this. We are trying concerned delegations. It is fair to as- three air logistics centers at 50 percent now to get a defense authorization bill. sert that none of the parties involved capacity is a huge cost and has to be We have caved in. We have provided for are completely happy with this com- considered in the consideration of this. privatization in place so long as we promise language; however, that is I came to the House of Representa- take all costs into consideration. what happens when you have to com- tives in 1987. That was my first year. When it has been stated several times promise. If we all insisted on getting One of the persons I had the most re- by the distinguished senior Senator everything our way, nothing would spect for was a Congressman by the from Texas that only a small number ever be accomplished by the Congress. name of DICK ARMEY. And DICK ARMEY, or group of people are concerned about Mr. President, Senator LEVIN, the for the first time, convinced me that this, I suggest to you that this bill that ranking member of our committee, and we have a real serious problem with ex- we are talking about, this conference I worked together in a totally bipar- cess capacity. We have never been able report was passed out of the Senate tisan manner to achieve this com- to do away with it because of the polit- Armed Services Committee by a vote promise and we both agree that this ical interference of the local Congress- of 18 to zero—18 to zero. compromise enables the Department of man, of the Senators, and sometimes of A couple of nights ago—last night I Defense to conduct fair and open com- the President. guess it was—it was voted on in the petitions for the workloads currently So he set up a system called the House of Representatives. The vote was performed at Kelly and McClellan. In BRAC process. This process was to be 286 to 123. I suggest to the senior Sen- fact, the compromise language specifi- free of any political interference—any ator from California, if she is con- cally authorizes competitions for these political interference. He said, ‘‘Some- vinced that the President is going to workloads. day I’m going to regret this because veto this, we have the votes to override Mr. President, during the drafting of I’m going to have to go against my own a veto. We are not going to allow the this compromise language the Depart- State when we have to close down some President to say, ‘‘I’m vetoing a bill ment of Defense, as well as the staff of type of installation.’’ because I want to politicize the system the concerned delegations, were pro- But you know, Mr. President, it for the first time since its inception in vided numerous opportunities to re- worked. We went through, not three, as 1988.’’ view this language and identify their the senior Senator from Texas sug- So, Mr. President, I feel very strong- concerns. We made significant changes gested, but we went through four BRAC ly that we have an opportunity here to to this language in order to alleviate rounds—1989, 1991, 1993, and 1995. Dur- have a defense authorization bill that many of the concerns they raised. Mr. President, no one knows the ing these BRAC rounds, we closed over does far more than correct a problem amount of work that was put into this 100 major installations. that has been there in the depots. It compromise. We worked night and day. I suggest to you, Mr. President, that takes care of many, many needs to try The staffs worked night and day. If this we would not have been able to close to keep America strong. I agree with compromise doesn’t go through, all of one of them if it had not been for DICK the Senator from Texas when he talks those States will suffer, in my opinion. ARMEY from Texas, the Congressman about the fact that our defense has It is better for us to pass this bill. This who established the whole BRAC proc- been decimated. It has been decimated. is a very important bill. It means a lot ess. So while we talk about not having We are going to try to do something to our whole Nation, not just any one parochial interests, I can assure you about saving, in this case with this State or a few States, but all of the that I do not. In fact, I am on record in change in the air logistics centers, States. the State of Oklahoma, in 1994, in my some $468 million a year. I ask the Senate to pass this com- election to the Senate, the first time I Mr. President, there are two individ- promise and stand by what has been was elected, they used it against me, uals who are here who have not been done and reached heretofore on this because I said, ‘‘I will not use political heard from. I ask unanimous consent important matter. interference and will not try to politi- that both the chairman and the rank- I yield the floor. cize the system.’’ That was used ing minority member of the Senate The PRESIDING OFFICER. The Sen- against me. Armed Services Committee be allowed ator from Michigan. So Congressman ARMEY prevailed. As to speak for 1 minute each. Mr. LEVIN. Mr. President, I hope we a result of that, we have been able to Mr. GRAMM. Reserving the right to will move to this conference report. close a lot of excess capacity. The object. This conference report contains hun- other day he made a speech on the The PRESIDING OFFICER. The Sen- dreds of legislative provisions, thou- floor. Mr. President, I do not have the ator from Texas. sands of funding provisions which had time—I was going to read the entire Mr. GRAMM. Mr. President, of to be resolved. The issue that took us speech, but there isn’t time remaining course, I will not object. I would like to the longest to resolve was the dif- to do that. But I will just read one suggest that they have an opportunity ference about depot maintenance work paragraph out of it. This is Congress- to speak for more than 1 minute. I at the closed air logistic centers at man DICK ARMEY from the State of amend the request to ask unanimous Kelly and McClellan. Probably the last Texas: consent that each of them be given 5 month was taken up trying to resolve We had three rounds in base closing, and minutes. that issue. No agreement was ever we are all very proud of the process because The PRESIDING OFFICER. Is there reached. politics never intruded into the process. objection to the underlying request as So we, the members of the com- That ended in round four. And all of my col- amended? mittee, had to do the best that we leagues knew at the time, and we know now, Without objection, it is so ordered. could to try to reach a fair and a just that the special conditions for McClellan and The chairman and the ranking member conclusion that would not tilt this to- Kelly, California and my own State of Texas, are each permitted now to speak for up ward either direction. That is what we where you might think I have a parochial in- terest, were in a political intervention. to 5 minutes. attempted to do. We talk about this being privatization. No, Who yields time? Otherwise, we would give up on get- it is not. It is a new concept. It is privatiza- Mr. THURMOND. Mr. President, I ting a defense authorization bill to the tion in place, created specifically for these will not take 5 minutes. floor and we were not willing to give up two bases in an election year for no purpose Mr. President, I would just like to that. There are too many issues at other than politics. take a few moments to address the out- stake in this bill that are important to That is a quote from Texas Congress- come of what was the single most con- this country not to bring this bill to man DICK ARMEY, the founder of this troversial issue in the conference— the floor and not to bring the con- system. depot maintenance. The bill contains a ference report to the floor.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11330 CONGRESSIONAL RECORD — SENATE October 29, 1997 We know there are very strong feel- administration, about every single pro- of rules which are necessarily different, in ings on both sides of the depot issue, posal that was put on the table. It went some cases, for public and private entities. and it is understandable. To ever deni- on for months. But the bottom line is We anticipate that these rules will be modi- grate the strength of any Members’ that sooner or later those of us who fied for the purposes of public-private com- petitions under this provision to make them feeling about regulating the interests were not involved in this struggle had as close as possible. of their State—I think all of us have to to reach a conclusion as to what would Fifth, the solicitation must permit any of- accept that feelings are very strong on be a fair and just competition. We be- feror, whether public or private, to team this issue. Representatives of some lieve we achieved that, and that the with any other public or private entity to States felt that the President had ig- Defense Department can make it work perform the workload at one or more loca- nored the spirit of the base closure to achieve a fair and open competition. tions. It is our expectation that such process by pursuing a policy of privat- I say that after many consultations teaming will ensure the best possible result ization in place at Kelly and McClel- between my staff and myself and the for the Department and the taxpayers. While a decision by the Air Force to prohibit any lan. Others felt equally strongly that Defense Department. I support this teaming arrangement between an Air Logis- the work should remain at the closed compromise because I believe it will tics Center and a private sector entity would depots. lead to a fair and open competition be inconsistent with this provision, the Air I will state candidly that I disagreed that is the only answer to this dispute. Force retains discretion to determine wheth- with the assertion of the depot caucus Keeping this dispute going and going er a particular teaming proposal is in the that the Base Closure Commission pro- and going is not going to resolve this best interest of the Department of Defense hibited privatization in place at Kelly dispute. We learned that from months and the taxpayers. We expect the Air Force and McClellan. The 1995 Base Closure of fruitless effort. to establish substantive and procedural guidelines for the review and approval of pro- Commission left it up to the Depart- EXHIBIT 1 posed teaming agreements as a part of the ment of Defense to decide how to dis- KEY ELEMENTS OF THE FAIR COMPETITION competition plan and procedures required by tribute the Kelly and McClellan work. PROVISION this section. The Commission’s recommendation di- Section 359 of the bill requires the use of Sixth, no offeror may be given any pref- rected the Department of Defense to competitive procedures in contracting for erential consideration for, or in any way be ‘‘Consolidate the workloads to other performance of depot-level maintenance and limited to, performing the workload at the DOD depots or to private sector com- repair workloads formerly performed at closed or realigned facility or at any other mercial activities as determined by the closed or realigned military installations. specific location. This provision guarantees This provision includes a number of require- a level playing field for public-private com- Defense Depot Maintenance Council.’’ petition, without any preference for either That ‘‘or’’ is a critical ‘‘or’’ in the ments and conditions to ensure that any such competition is conducted on a level Kelly and McClellan or the depots that re- BRAC report. playing field. main open. The Department would be ex- I also disagreed with the legislation First, the source selection process must pected to consider real differences among proposed in the depot caucus and in- permit both public and private offerors to bidders in cost or performance risk associ- cluded in the House bill which would submit bids. It goes without saying that ated with relevant factors, including the pro- have prohibited the department from these bids must be considered on the merits posed location or locations of the workloads. privatizing in place until the three re- by the source selection authority. The weight given to such differences would maining Air Force depots were oper- Second, the source selection process must not be considered ‘‘preferential treatment’’. take into account the fair market value (or Seventh, the provision would authorize the ating at 80 percent of capacity—in ef- bundling of unrelated workloads into one fect, prohibiting the Air Force from book value) of any land, plant, or equipment at a closed or realigned military installation contract only if the Secretary of Defense de- keeping any of the work at California that is proposed to be used by the private of- termines in writing that individual work- or Texas. I voted against that proposal feror in the performance of the workload. loads cannot as logically and economically in our committee and I voted against it This provision is intended to ensure that be performed under separate contracts. This in conference because it was one-sided closed military installations are not given provision permits the Secretary to bundle and unfair. Had that provision been in- an unfair competitive advantage as a result workloads together only if he determines cluded in this bill, I would have strong- of facilities provided to them free of charge that such bundling will result in the most fa- by the federal government (under the base vorable bids from public and private sector ly opposed the conference report. offerors. We do not expect the Secretary to Mr. President, that provision is not closure laws, we generally give closed facili- ties to the local communities without bundle workloads together if the result in the conference report. But what we charge). Although this provision does not ad- would be to substantially reduce competition have instead are provisions aimed at dress the value of facilities available to the or eliminate qualified offerors who might providing a level playing field for com- depots that remain open (or other private otherwise be able to submit advantageous of- petition between the closed depots and sector facilities), it does not preclude the De- fers. the depots that remain open. I have al- partment from giving appropriate consider- The PRESIDING OFFICER. The ways believed that competition results ation to the value of those facilities as well. question is on agreeing to the motion in the best value to the Department of Third, the source selection process must to table the motion to postpone. The Defense and to the taxpayers, and I be- take into account the total direct and indi- yeas and nays have been previously or- rect costs that will be incurred by the De- lieve that is the right answer to the partment of Defense and the total direct and dered. depot dispute. indirect savings that will be derived by the The clerk will call the roll. The conference language includes Department of Defense. Such savings would The legislative clerk called the roll. seven specific criteria to help ensure include overhead savings that might result Mr. NICKLES. I announce that the that the Air Force does not unfairly from the consolidation of workloads to the Senator from Indiana [Mr. COATS] is tilt the playing field. remaining public depot activities. The De- necessarily absent. I ask unanimous consent a brief sum- partment of Defense and the Air Force Mr. FORD. I announce that the Sen- should establish the ground rules for evalu- mary of these seven criteria for a fair ator from Maryland [Ms. MIKULSKI] is ating these savings and for considering any competition be printed in the RECORD other indirect costs or savings that may be necessarily absent. following my statement. associated with performance of the work by The PRESIDING OFFICER [Mr. The PRESIDING OFFICER. Without various offerors as a part of the competition INHOFE]. Are there any other Senators objection, it is so ordered. plan and procedures required by this section. in the Chamber desiring to vote? (See exhibit 1.) Fourth, the cost standards used to deter- The result was announced—yeas 78, Mr. LEVIN. These requirements were mine the depreciation of facilities and equip- nays 20, as follows: ment shall provide identical treatment, to written by Members and staff who are [Rollcall Vote No. 285 Leg.] neutral in the fight between the closed the maximum extent practicable, to all pub- YEAS—78 bases and the remaining air logistic lic and private offerors. Such standards centers. Our sole objective was to en- shall, at a minimum, include identical depre- Abraham Brownback Conrad ciation periods for public and private Akaka Bumpers Coverdell sure a fair competition, and each of offerors. The qualification ‘‘to the maximum Allard Burns Craig these requirements was included for extent practicable’’ was added at the request Ashcroft Chafee D’Amato that purpose. Baucus Cleland Daschle of the Department of Defense, which argued Bennett Cochran DeWine We had complaints from both sides of that the evaluation of depreciation requires Bingaman Collins Dodd the issue from the Congress, from the the application of an extremely complex set

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11331 Domenici Inhofe Nickles Members on Thursday about what time at least have a vote on the substance of Dorgan Inouye Reed Durbin Johnson Robb these cloture votes will occur. campaign finance reform. Enzi Kempthorne Roberts Did the Senator wish to comment? Second, it seems to me that we can- Faircloth Kennedy Roth Mr. DASCHLE. Mr. President, for the not leave town without having done Feingold Kerry Santorum purposes of scheduling, could I inquire Ford Kyl Sarbanes something on a highway reauthoriza- Frist Landrieu Sessions of the majority leader, is this the last tion bill. I know there are some who Glenn Lautenberg Shelby vote anticipated tonight, given the say we brought a highway bill to the Gorton Levin Smith (NH) schedule? floor of the Senate and we had plenty Graham Lieberman Smith (OR) Mr. LOTT. I believe that would be Grassley Lott Snowe of opportunity and now we had to pull Gregg Lugar Specter the last vote tonight, given the sched- it, but I want to make the point the Hagel Mack Stevens ule. bill that was brought to the floor of the Harkin McCain Thomas We have some other matters we are Hatch McConnell Thompson Senate was brought here under proce- Helms Moseley-Braun Thurmond working on on the Executive Calendar dures designed to block legislation, not Hollings Murkowski Warner that may require some recorded votes. pass legislation. And we have a respon- Hutchinson Murray Wyden But in view of some other meetings sibility, whether it is a 6-month bill or NAYS—20 that are occurring, we will have to a 6-year bill, we have a responsibility Biden Feinstein Leahy schedule those. We will try to schedule to address the issue of highway con- Bond Gramm Moynihan them early in the morning. I will con- struction and the highway reauthoriza- Boxer Grams Reid sult further with you on that. tion bill. So my hope is that through Breaux Hutchison Rockefeller Mr. President, I now withdraw the Bryan Jeffords Torricelli negotiation the leaders of the Demo- Byrd Kerrey Wellstone motion. crats and the Republicans here in the Campbell Kohl Mr. FORD. Mr. President, may we Senate can deal with both of these NOT VOTING—2 have order? issues in a thoughtful way. What was the motion? Coats Mikulski But I did want to make the point The PRESIDING OFFICER. The mo- The motion to lay on the table the that we also are probably going to deal tion was to withdraw the motion to with the issue called fast-track trade motion to postpone was agreed to. proceed. Mr. THURMOND. Mr. President, I authority in the coming week or so. To Is there objection? Without objec- the extent we do that, I want Members move to reconsider the vote by which tion, it is so ordered. the motion was agreed to. of the Senate to understand this will Mr. NICKLES. I move to lay that mo- f not be an easy issue. There are a num- tion on the table. MORNING BUSINESS ber of us here in the Senate who feel very strongly about the issue of trade. The motion to lay on the table was Mr. LOTT. Mr. President, I ask that It is not a circumstance where we be- agreed to. there be a period for the transaction of lieve that our country should put walls Mr. LOTT addressed the Chair. morning business until 5:30 p.m. this around the country and prevent im- The PRESIDING OFFICER. The ma- evening with Senators permitted to ports from coming in, or that we jority leader. speak for up to 10 minutes each. should ignore the fact that we now live Mr. LOTT. Mr. President, it appears The PRESIDING OFFICER. Without in a global economy or that we should that the Senator from Texas, Senator objection, it is so ordered. GRAMM, is not prepared at this time to Mr. BURNS. I suggest the absence of decide, somehow, that trade is not part give agreement on the DOD authoriza- a quorum. of our economic well-being, it is unim- tion conference report. The PRESIDING OFFICER (Mr. portant—that is not the case at all. Trade is very important. It is a criti- In an effort to try to resolve the FAIRCLOTH). The clerk will call the depot issue, it seems to me that having roll. cally important component of this endless motions to postpone consider- The bill clerk proceeded to call the country’s ability to grow and to pros- ation of the conference report is not roll. per. But the right kind of trade is im- constructive at this time. Mr. DORGAN. Mr. President, I ask portant, not the wrong kind of trade. CLOTURE MOTION unanimous consent that the order for The wrong kind of international Mr. LOTT. Having said that, I now the quorum call be rescinded. trade in this country is trade that re- send a cloture motion to the desk. The PRESIDING OFFICER. Without sults in ever-increasing, choking trade The PRESIDING OFFICER. The clo- objection, it is so ordered. deficits, because those deficits, now to- ture motion having been presented Mr. DORGAN. Mr. President, is the taling nearly $2 trillion, trade deficits under rule XXII, the Chair directs the Senate now in morning business? which in this last year were the largest clerk to read the motion. The PRESIDING OFFICER. The Sen- merchandise trade deficits in the his- The legislative clerk read as follows: ate is in morning business. tory of this country—in fact, that was CLOTURE MOTION Mr. DORGAN. I ask consent to be al- true for the last 3 years and will be We, the undersigned Senators, in accord- lowed to speak for as much time as I true at the end of this coming year— ance with the provisions of rule XXII of the consume. the largest merchandise trade deficits Standing Rules of the Senate, do hereby The PRESIDING OFFICER. Without in this country. To the extent that is move to bring to a close debate on the mo- objection, it is so ordered. the kind of trade we are involved in, tion to proceed to the conference report to trade that is not reciprocal, trade that f accompany H.R. 1119, the National Defense is not two-way trade that is fair, trade Authorization Act: UNFINISHED BUSINESS that substantially increases our defi- Trent Lott, Strom Thurmond, Wayne cits and takes American jobs and Allard, Pat Roberts, Judd Gregg, Rob- Mr. DORGAN. Mr. President, I know ert F. Bennett, Rod Grams, Spencer that there is some business that the moves them abroad and overseas—that Abraham, Don Nickles, John Ashcroft, majority leader will take up in a few is not trade that is beneficial to our Rick Santorum, Tim Hutchinson, Paul moments. When he desires the floor I country. Many of us feel it is time for Coverdell, Bob Smith, James Inhofe, certainly will yield to him. But I want- us to have a debate on the floor of the Chuck Hagel, and John Warner. ed to take this moment to describe a Senate about what is fair and what is Mr. LOTT. Mr. President, this clo- couple of the things that I think we unfair trade. ture vote, for the information of all still need to do, unfinished items, be- I have said many times that it is Senators, will occur on Friday. If clo- fore the Senate leaves following this very difficult to have a discussion ture is not invoked on Senator COVER- first session of this Congress. Among about trade. A discussion about inter- DELL’s A-plus education savings ac- those is the issue of campaign finance national trade quickly moves into a count bill, all Senators will be notified reform, which we have been debating thoughtless ranting by those who say as to the time of the cloture votes, and back and forth here for some long there is only one credible view on trade we will discuss that with the Demo- while. There is not any reason, in my and that is the view of free trade. You cratic leader to be able to inform the judgment, that we cannot take up and are either for free trade or you are

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11332 CONGRESSIONAL RECORD — SENATE October 29, 1997 somebody who doesn’t quite under- nology and the transfer of missile tech- with Mexico. And before we run off and stand. You are an xenophobic isola- nology to renegade and rogue nations. negotiate new trade agreements in se- tionist who wants to build walls Yes, we ought to talk to them about cret, behind closed doors, let’s fix some around America—you are either that that. But we also ought to talk to them of the trade problems that now exist. or you are a free trader. I happen to be- about this huge growing trade deficit. Senator HELMS yesterday reminded lieve expanded trade, in the form of I hope very much that when Presi- me of an old quote that Will Rogers fair trade, makes sense for this coun- dent Clinton visits with President made that I had read many years ago. try, so I am someone who believes that Jiang Zemin, he will describe to him a He said, ‘‘The United States has never we benefit from reciprocal trade with trade relationship mutually beneficial, lost a war and never won a treaty.’’ other countries, that trade with other and it is not one where one side has a That is certainly true with trade. countries can be mutually beneficial. huge imbalance, in this case China, and Recently, we were asked to provide But I also believe it hurts our country in which case the United States has a fast-track trade authority so that a when we have trade circumstances that huge and growing deficit, which means, trade agreement called NAFTA could exist when we trade with another coun- in the final analysis, that jobs that ex- be reached with Canada and Mexico. So try and they ship all their goods to our isted for Americans are now moving the Congress dutifully complied. The marketplace and then we discover what overseas. That is what is at the root of Congress passed what is called fast- we produce, our workers and our busi- this trade imbalance. Jobs that used to track authority which says, you go nesses, can’t get our goods into their be U.S. jobs, jobs held by U.S. citizens, ahead, you negotiate a new trade marketplace. That is not fair, yet that jobs to help maintain U.S. families are agreement with a foreign country, you goes on all across the world. now jobs that are gone. can do it in secret, you can do it with- I notice today the President of China The same is true with Japan. I hap- out coming back and advising us what has arrived in our country. Our coun- pen to be talking about China just be- you are doing; bring it back, and you try welcomes him. We hope we will cause the Chinese leader is in town come to the Senate and House and it have a mutually productive relation- today. But Japan, we have a growing must be considered with no amend- ship with China. I am concerned about trade deficit with Japan. As far as the ments because no amendments will be a number of things that I see hap- eye can see, it has been $50 billion, $60 allowed. That is what fast track is. pening in China—yes, human rights. I billion a year. This year, it is expected Fast track through the Senate says was in China about a year ago today, to be up 20 or 25 percent, probably that nobody will be allowed to offer an when a young man was sentenced to reaching a $60 billion, $65 billion trade amendment; no amendments at all. prison, I believe for 11 years, for criti- deficit with Japan once again this So NAFTA was negotiated. They ran cizing his government. So I think there year. off and negotiated NAFTA, brought it are serious human rights questions in Are there people walking around here back, and ran it through the Congress. China. But also, in addition to the saying this is an urgent problem, this I didn’t vote for it, but the Congress human rights issues in China, the Chi- is trouble? No, they don’t. They say, passed it. When NAFTA was nego- nese leader comes to our country at a ‘‘Gee, this is just free trade. So what if tiated, we had an $11 billion trade def- time when they have, with us, a trade we have a huge trade deficit.’’ In fact, icit with Canada. Then they negotiated imbalance of nearly $40 to $50 billion. one person wrote an article in the NAFTA, which includes Canada, and Last year it was $40 billion and it is Washington Post recently and said the trade deficit doubled. now heading to $50 billion. those folks who talk about the trade When NAFTA was negotiated with So we have a Chinese Government deficit being troublesome for our coun- Mexico, we had a $2 billion trade sur- and a Chinese economy that ships mas- try don’t understand it. He said, plus with Mexico. They negotiate sive quantities of Chinese goods to our ‘‘Think of it this way: If someone of- NAFTA and the $2 billion trade surplus country. But when it comes time to fered to sell you $10,000 worth of pears evaporated to a $15 billion trade def- buy from our country, things which for $5,000 worth of apples, you would icit. China needs—wheat, airplanes and jump at it.’’ That is progress? Where I come from more—they say, ‘‘Well, we want to ship That is a simple and irrelevant exam- it is not called progress. Yet, we are Chinese goods to your country, but we ple, one I suppose meant to inform told now, again, we need to have fast- want to look elsewhere for products; those of us from other parts of the track trade authority. we want to go price shopping for a country who don’t quite get it. Perhaps I come from a State that borders week with Canada and with Ven- there is a way to study economics or Canada. I just want to tell you that ezuela.’’ perhaps there is a school that teaches today thousands of trucks come across So while we used to be the major economics that will tell those people the border from Canada hauling Cana- wheat supplier to China, we were dis- who think that way and write that way dian durum and Canadian wheat, sold placed as the major wheat supplier that trade deficits represent an export into this country by a state trade en- even as they were running up huge of part of your wealth. Trade deficits terprise, by a monopoly called the Ca- trade surpluses with us or us being in will and must be repaid with a lower nadian Wheat Board. It is a monopoly the position of having huge trade defi- standard of living in this country’s fu- that would not be allowed to sell grain cits with them. ture. Trade deficits are trouble for this in this country. It would be illegal. It Airplanes. China has obviously the country’s economy. sells its grain at secret prices. Yet, it largest population on Earth, and they People say to me, ‘‘Well, if that’s ships through our backyard enormous need a lot of airplanes. They don’t true, if trade deficits are troublesome, quantities of Canadian grain, undercut- manufacture large airplanes. They why do we have an economy that seems ting our farmers’ interests, undercut- need to buy airplanes. So, since they so strong?’’ You can have an appear- ting our income in our State by $220 ship so many of their products to our ance of strength. You can live next to million a year, according to a study at country for consumption, you expect a neighbor that has a brand new Cad- North Dakota State University, and they would come to us and buy our air- illac in the driveway, a brand new the fact is, we can’t get it stopped. planes. home and all the newest toys without It is patently unfair trade, and we They come to our country and say, understanding, of course, that it is all can’t get it stopped because all these ‘‘We need airplanes, but we’ll buy your debt financed and that person is about trade agreements that they have con- airplanes if you manufacture the air- 2 weeks away from serious financial cocted over the years have pulled out planes in China.’’ That’s not the way trouble. the teeth of enforcement of trade trea- trade works. That’s not a mutually So our trade deficit matters, and we ties in a meaningful way, and so now beneficial relationship, and that’s the must do something about it. we can’t chew and we are complaining thing that I think we ought to be talk- The point I make about fast track, there are no teeth. ing to the Chinese leader about. which is the trade authority the Presi- I understand what has happened here. Yes, we ought to talk about a whole dent is going to seek, is this: We have What has happened here is we have range of other issues—human rights, massive trade problems, yes, with concocted bad trade strategy, bad trade the transfer of sensitive nuclear tech- Japan, with China, yes, with Canada, agreements and bad enforcement of the

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11333 agreements that did exist. It is time this country in the right direction, we out of necessity but not the way that it for us to decide we must insist our will be here demanding that kind of ag- ought to be done to be responsible. country stand up for its own economic gressive debate. I ask my colleagues to take a look at interest. Yes, its economic interest is What does our trade strategy now the human result of schools opening in part served by expanding world produce and what kind of trade strat- late and then closing again. trade. We are a leader. We ought to egy would represent better economic I ask you to take a look at this. This lead in world trade. We ought not close interest for this country? Not protec- came from the Washington Post. I will our borders. I don’t sound like Smoot. tionism, but an interest of expanding read it to you. The sign says, ‘‘Why I don’t look like Hawley. So those the American economy and expanding should students suffer? For adult in- thoughtless people who say, ‘‘Well, if American opportunities as we move competence.’’ you don’t chant ‘free trade’ like a ahead. Those adults are us. We are the ones robot on a street corner, we will call So let me conclude—I know my col- that have the primary responsibility you Smoot-Hawley’’—that is the most league has things that he wants to say for the city. We took it back. We took thoughtless stuff I ever heard, but it on education issues—and let me once home rule away basically. goes on all the time. again indicate that I hope very much This student is from a senior high I am not someone who believes we that prior to getting to fast track, school and holds a sign. These students should shut off the flow of imports and which I expect will probably happen were all forced out of their school and exports, but I do believe we ought to the end of this week or the first part of forced to be trucked, bused, whatever stand up to the interests of the Chi- next week, that we can also address the else, to some other place to be able to nese, Japanese and, yes, the Mexicans issue of campaign finance reform with receive education until such time as and Canadians, and other trading part- a real vote, and we can also extend the that school is fixed. All this student ners and tell them it is time for recip- highway reauthorization bill. wants to do is to go to class and start rocal and fair trade treatment. If we Mr. President, let me thank the Sen- paving the way for her future. Who are let your goods into our marketplace— ator from Vermont for his patience and the adults that this poster refers to? and we should and will—then you have thank him for the wonderful work he They are us. We cannot deny that. I a responsibility to open your markets does on education. hope we begin to understand that. to American goods. Mr. JEFFORDS addressed the Chair. Times have changed. We took back If we say to our people, ‘‘You can’t The PRESIDING OFFICER. The home rule basically. pollute our streams and air when you Chair recognizes the Senator from Why is the city in this mess? Why produce,’’ then foreign producers who Vermont. can’t they get the revenue stream they want to ship to our country ought not Mr. JEFFORDS. I thank my good need to bond so that they can respon- be able to pollute their rivers and friend from North Dakota for his re- sibly repair these schools on some sort streams on Earth through that same marks. of a schedule, to get them all done so production. If we say that it is not fair The subject I will talk about I know they can be done when the school year to hire 14-year-old kids and work them the Presiding Officer does not need to opens, and to do it not in a piecemeal 14 hours a day and pay them 14 cents hear. He is well aware of what I am fashion as the Appropriations Com- an hour, then we ought to say to them talking about and I know agrees with mittee has been forced to do by having that we don’t want your goods if you me that we have to take action. emergencies to appropriate money to are employing 14-year-old kids and f do this? working them 14 hours a day. We don’t We have to have a plan. If somebody want producers to pole vault over all CONGRESS IS RESPONSIBLE FOR else has a plan to do it, fine. But we those debates we had all these years THE SCHOOLS cannot let this situation go on where about worker safety, about child labor, Mr. JEFFORDS. Mr. President, I rise year after year we are going to be about minimum wage, about air pollu- today to bring to the attention of the doing this, shutting the schools down tion and water pollution. We don’t Senate the tragic situation we have and trying to find ways to open them. want that to be represented as fair going on right now in the school sys- We created this problem. This is an- trade because it is not if producers find tem of the Nation’s Capital. other important thing to remember. the lowest cost production in the Nearly every day for the past month In 1974, when we gave home rule to world, locate their plants there and an article has appeared in the Wash- Washington, DC, a very, very astute produce their products in those cir- ington papers portraying the State of Member of the Virginia delegation—I cumstances avoiding all of the prob- emergency and dysfunction in the Dis- commend him for his foresight because lems that exist for them in having to trict of Columbia’s public school sys- Lord knows what would have happened comply with what we know now are tem—the shutting down of schools. if they had all this additional money to commonsense proposals: child labor Here are some of the facts: spend with what they did have—but he proposals, minimum wage, environ- For the fourth year in a row the got legislation passed which said that mental proposals and others. That is schools in this city have opened late by you can’t tax the nonresidents that are what this is all about. at least 2 weeks. This year they are working in your city. This is the only My only concern is this: I want us to continuing to be closed by the fact that city in the country under this situa- have a fast track trade debate in which there are repairs that are essential and tion that does not have that authority. we are able to offer amendments, able necessary to be made. Sure, the District could levy an in- to have a lengthy and thoughtful dis- The reason they have opened late is come tax on its own residents, but due cussion about our trade policies and because of an infrastructure emer- to the inability to tax the non- able to have an opportunity back and gency—repairs and renovations. These residents, and especially because of the forth in this Chamber to describe what needs are estimated by the GSA to be situation in the city—the workers were kind of trade policies will best advance about $2 billion. And this is almost all fleeing out of town; crime was the No. this country’s economic interests. for code violations. It has nothing to 1 issue; schools second—people were If and when the legislation comes to do with their acceptability from edu- leaving in droves. A lousy educational the floor of the Senate, and we will cational function purposes. system, a lousy police system, and so begin with a motion to proceed at some The Congress of the United States is we went from about 50 percent of the point, when that happens, some of us responsible for the schools of the Na- workers being residents down to about will be on the floor of the Senate in- tion’s Capital, the students who depend 30 percent. As money drained from the sisting that we have a full, a fair and a on these schools, and the repairs these District, crime went up, as I said, and thoughtful debate about this country’s schools need. the school system deteriorated causing trade policy. At least those of us, in- What are we doing about this? the well-known national phenomenon cluding myself, who believe very I, for one, am ashamed of the way we known as ‘‘urban flight.’’ strongly that a trade policy that pro- have not done anything that is respon- But the urban and middle class popu- duces the largest trade deficit in the sible to this point, other than what the lation stayed close to the District of history of this country is not moving Appropriations Committee has done Columbia in the suburbs because it is

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11334 CONGRESSIONAL RECORD — SENATE October 29, 1997 the crown jewel of this metropolitan to be able to raise enough money on and training, to create a reasonable region. Being the Nation’s Capital, the the bonding to fix the schools? partnership dedicated to fix the 50,000 District provides the jobs, the tourism, Why shouldn’t the people that ben- jobs that are out in this area that are the prestige and therefore high-earning efit from the jobs in this city take part going begging because the region does capacity to an enormously affluent in helping the city, like those bene- not provide the necessary skills for population residing in the surrounding fiting in every other city under these them to take these jobs. Virginia and Maryland counties. similar circumstances do? If we go up to 3 percent we can pro- But like a tiger with no teeth, the We have on our shoulders the burden vide a revenue stream for the District District, under current law, has no of these schools. The average District to help them float municipal bonds or ability to levy any fair recompense of Columbia public school facility is 65 to provide money to improve their edu- from those who benefit daily from its years old. We have also taken on our cational system. I know the Presiding services, its roads, and all else, and, shoulders the fact that 48 more roofs Officer from North Carolina had spec- namely, their jobs. need to be replaced. That is in addition tacular results in taking care of re- Let me point out, every other city in to all of those that have been replaced gions, and providing the educational an interstate circumstance like D.C. up to now. We have taken on ourselves skill and training in regions, and I does have the ability to gain revenues the burden that 72 of the school boilers know this will work here if we have the from nonresident workers to support need to be replaced. We are heading funding to do it. the maintenance of their schools, and into winter right now and already they The bill represents a novel and equi- whatever else. are blowing up or failing. So we will table approach. The taxpayer suffers no In the absence of such a dedicated see these boilers starting to blow up economic detriment. The taxpayer’s revenue stream, Congress has tried to more on the days ahead. The colder it community in the Washington metro- keep the city afloat through the an- gets the more they will be going, and politan area will receive substantial nual appropriations process. But in we will get more articles in the Wash- additional education training benefit. some ways that is like giving a man ington Post and more condemnation Workers for the thousands of available dying of thirst a drop or two of water for our failure to act. jobs will be provided new business every year. Eventually, the biological The control board has tried to meet which will be attractive and substan- systems just give out from the stress of the demands. Under the direction of tial new tax revenues will be raised. such bare-bones maintenance. And that Gen. Julius Becton, 61 school roofs This is a win-win win-win. is what has happened to the school sys- have been repaired or replaced since In this process, Congress will live up tem here. It is in the process of giving January 1997 but that is all from emer- to its responsibility to meet that $2 bil- gency money from the Appropriations out. lion challenge through the simple act Committee—not a sound way to do it. Listen to the beginning of the article of giving the District of Columbia the Over the past 2 years, $86 million has from yesterday’s Washington Post. ability to act like any other city in a been appropriated for such repairs. similar interstate situation. By giving District schoolchildren lined up somberly Also, I have been able to raise a similar in the cold mist early yesterday outside amount by being able to find things up our responsibility we will not have Emery Elementary School in Northeast to bear the shame of knowing that Washington, waiting to be taken to make- that were going to raise money within the city like the privatization of Sallie those adults the marching students re- shift classes at a nearby school and a neigh- ferred to, ‘‘Why should students suf- boring church. Their school was one of five Mae and Connie Lee, so we have put a closed late last week. . . lot of money into fixing these schools fer—for adult incompetence,’’ that we up, but to do it piecemeal one or two would no longer be placed in a position This is dated October 28th, so this is of having to respond to that. well after school should have begun. schools at a time—it will be 40 years before we are done at that rate. The I thank my colleagues. I urge them where asbestos is being removed during boil- in joining me to make the issue of our er repairs. District needs a dedicated revenue stream to be able to bond to meet the Nation’s Capital school system a top That is what has been going on. We priority for us. just cannot blind ourselves to it. And I $2 billion challenge. We need that stream to responsibly meet our respon- I ask unanimous consent the com- know when you talk about D.C., most plete Washington Post article from everybody and Members just say, sibilities. I have a plan to do that. If someone yesterday be printed in the RECORD. ‘‘Well, that’s not our problem.’’ But it else has a better plan, fine, bring it for- There being no objection, the mate- is. That is the message I want to give ward, let’s take a look at it, but let us rial was ordered to be printed in the them today. not fail to meet our responsibilities. RECORD, as follows: In 1995, Congress created the Control My proposal to meet this challenge is [The Washington Post, Oct. 28, 1997] Board and later the Emergency School laid out in the legislation S. 1070, BATTLE OVER BOILERS LEAVES D.C. STUDENTS Board of Trustees thereby taking back which proposes a nonresident income OUT IN COLD most of the authority over the manage- tax to provide that dedicated revenue CHILDREN BUSED TO OTHER SITES AS JUDGE ment and delivery of education which stream to fix the schools, to provide KEEPS SCHOOLS CLOSED the Senate previously had. And we that $2 billion. Incidentally, I want to (By Debbi Wilgoren) therefore took over the responsibility reassure, and I don’t know how many District schoolchildren lined up somberly of the schools of this city. This Emer- of my colleagues listen to us when we in the cold mist early yesterday outside gency School Board of Trustees deals are here, but I know a number of our Emery Elementary School in Northeast specifically with the school infrastruc- staff do because they called up in a Washington, waiting to be taken to make- ture problem. panic thinking they would have to pay shift classes at a nearby school and a neigh- Earlier, the Control Board asked more taxes. I want to reassure them boring church. Their school was one of five GSA to estimate the need, and outline closed late last week because a D.C. judge that that is not the case because al- didn’t want students in school buildings a plan for repair and renovation. And ready in the law they are required to the report came out in September of where asbestos is being removed during boil- allow people to take that as a tax cred- er repairs. 1995, showing a $2 billion sum, mostly it for either the Virginia or Maryland But boiler repairs haven’t started yet at for code violations, in order to make taxes they pay, so no one is going to Emery, school officials said yesterday. And the schools physically safe for the chil- pay any more taxes. That will all be asbestos removal for boiler work was fin- dren to be in. able to be taken as a credit against the ished Friday in two of the other closed The thought of appropriating $2 bil- taxes of Maryland and Virginia. schools, Langdon Elementary in Northeast lion from the Congress, to do this in an For all of those hard-working resi- Washington and Whittier Elementary in orderly fashion, is of course impossible dents of northern Virginia and south- Northwest Washington. to think of. And why should they when D.C. Superior Court Judge Kaye K. Chris- ern Maryland I say you will not have a tian probably doesn’t know there is no dan- all they have to have is the power that difference in your tax. I want to em- gerous work going on at those three closed any other city, under the cir- phasize that. schools because—after learning last week cumstances, has to take really a 1 per- My proposal is also to take a reason- that some asbestos removal had begun with- cent tax on the nonresidents in order able approach to the issue of education out her permission—she refused to let school

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11335 system witnesses testify about boiler re- cials note. Unless the work is done, young- consent the Senate proceed to the con- pairs. sters in many classrooms will continue to be sideration of House Concurrent Resolu- The D.C. Court of Appeals rejected a Dis- dependent on temporary heat or end up tak- tion 167. trict request yesterday to overturn Chris- ing tests in coats and mittens. The school The PRESIDING OFFICER. The tian’s order closing the schools. The court system has secured $40 million to begin re- said it would first give Christian a chance to placing 47 of the boilers and had hoped to do clerk will report. rule on a similar request that the city made the work this fiscal year. The assistant legislative clerk read over the weekend. Each project begins by unwrapping mate- as follows: In the meantime, about 4,300 students—in- rial that may contain asbestos from around A concurrent resolution (H. Con. Res. 167) cluding 1,800 from two other schools that the pipes of the old boiler—the procedure to correct a technical error in the enroll- have been closed for a month because of roof that concerned Christian the most last week. ment of H.R. 2160. repairs—are displaced without proper books, But the project manager that Christian The PRESIDING OFFICER. Is there supplies or equipment. wouldn’t let testify said in an affidavit filed ‘‘What we see happening is the egos and over the weekend that in accordance with objection to the immediate consider- emotions of adults penalizing and punishing the law and environmental regulations, ex- ation of the concurrent resolution? the children,’’ said Roger Glass, PTA presi- treme precautions are taken that would pre- There being no objection, the Senate dent at Whittier, where no boiler work was vent the asbestos from endangering students proceeded to consider the concurrent underway yesterday and where school offi- or staff members at a school. cials say asbestos removal was completed resolution. The boiler room, in school basements, is last week. Mr. COCHRAN. Mr. President, this ‘‘I don’t know how else to explain it,’’ sealed off with a special fabric, approved by concurrent resolution was adopted by Glass said. ‘‘I understand that the judge is the Environmental Protection Agency, that the House with the passage of the rule does not allow air and asbestos to penetrate, the judge, and she has all the authority. But for the consideration of the conference just because she has the right to do some- said Narase Bob Oudit, senior project man- ager for the school system. An EPA-certified report to accompany H.R. 2160, the Fis- thing doesn’t mean that it is the right thing cal Year 1998 Agriculture, Rural Devel- to do.’’ company monitors the air outside the area The boiler standoff between Christian and and is required to shut down the project if opment, and Related Agencies Appro- the school Chief Executive Julius W. Becton, any asbestos is detected. priations Act. Jr. is the latest in a series of clashes that Oudit said he had monitored similar It makes a technical correction in began shortly after Becton was appointed in projects for 11 years and had never seen a the conference report. Specifically, it November to overhaul the troubled D.C. pub- case in which asbestos leaked out if the cor- inserts a proviso in the food stamp ac- rect precautions were taken. Nor was any as- lic schools. count language which was included in As the retired Army lieutenant general has bestos reported in the air during recent boil- pushed forward with repairs never under- er work in the schools. If removal is done im- the House bill and agreed to by the taken by his predecessors, Christian—who properly, he said, the contractor can lose its conference committee but inadvert- oversees school building safety because of a license and be fined as much as $1 million. ently left out of the conference report 1992 lawsuit against the city over the fire Asbestos work at one of the closed schools, which was filed. code violation in schools—has demanded de- Young Elementary in Northeast Washington, The PRESIDING OFFICER. Without tailed summaries of the repair work and re- doesn’t involve a boiler. The heating-system objection, the concurrent resolution is peatedly expanded her jurisdiction over safe- work there is part of a five-month-old agreed to. ty issues. project with the EPA designed to improve This summer, Christian forbade roof work the school’s energy efficiency, school offi- The concurrent resolution (H. Con. while students or staff were in school build- cials say. Res. 167) was agreed to. ings, despite expert testimony that such re- The asbestos removal at Tyler in South- f pairs could be made safely. The appeals court east Washington should be completed today, upheld her decision. Last month, she ruled an aide to Williams said. AGRICULTURE, RURAL DEVELOP- that no construction of any kind could take At Whittier yesterday, Glass handed out MENT, FOOD AND DRUG ADMIN- place while a school is in operation. fliers to parents urging them to call Becton ISTRATION, AND RELATED When a fire inspector said in court last and Parents United, the group that filed the AGENCIES APPROPRIATIONS week that the boiler work could be defined lawsuit, to demand a negotiated solution. ACT, 1998—CONFERENCE REPORT as construction, Christian put that on the Settlement talks began in earnest two weeks list of forbidden work as well, even though ago but faltered this weekend over how much Mr. COCHRAN. Mr. President, I sub- boiler repairs have been made in the past money should be earmarked for school re- mit a report of the committee of con- without her interference. pairs and who should monitor the agree- ference on the bill (H.R. 2160) making ‘‘The court has ruled on these issues with ment. appropriations for Agriculture, Rural respect to construction going on in these At Emery yesterday, the breakfasts usu- Development, Food and Drug Adminis- schools while they’re occupied,’’ Christian ally served before school were not available, tration, and Related Agencies pro- said, interrupting Assistant Corporation and the after-school day-care program was Counsel Robert Rigsby on Thursday as he grams for the fiscal year ending Sep- canceled. The youngest children, Head Start tember 30, 1998, and for other purposes, tried to protest her decision. ‘‘This court has through third grade, were bused about 12 ruled that this work is to be done while the blocks across North Capitol Street to Scott and ask for its immediate consider- building is not occupied. Certainly the court Montgomery Elementary School. ation. has grave concerns about asbestos and chil- Fourth-, fifth- and sixth-graders were The PRESIDING OFFICER. The re- dren.’’ taken around the corner to Metropolitan port will be stated. School Chief Operating Officer Charles E. Wesley AME Church, where by 9:30 a.m. they The clerk read as follows: Williams testified in court Friday that as- sat clustered with their teachers in a large bestos-related boiler work scheduled for The committee on conference on the dis- open space usually used for Sunday school. agreeing votes of the two Houses on the Emery had not yet started. But Christian, Children wrote stories with paper and pencil who had closed Langdon the day before, said: amendment of the Senate, to the bill (H.R. supplied by the church or bought by indi- 2160) having met, after full and free con- ‘‘If Emery, Tyler, Whittier and Young are vidual teachers. undergoing this process, then they are to be ference, have agreed to recommend and do ‘‘We’re doing the best we can under very, recommend to their respective Houses this closed.’’ very trying circumstances,’’ said Leonard Rigsby tried to clarify the order but did report, signed by all of the conferees. Sanders, Emery’s principal. A little girl not specifically point out that work had not raised her hand to ask when they would re- The PRESIDING OFFICER. Without begun at Emery. Christian told him to put turn to their school. objection, the Senate will proceed to his requests in writing. Neither school ‘‘I do not know,’’ Sanders said slowly, ‘‘As the consideration of the conference re- spokeswoman Loretta Hardge nor Corpora- soon as I find out, I will let you know.’’ tion Counsel John Ferren returned telephone port. calls yesterday to explain whether they con- Mr. JEFFORDS. I yield the floor. (The conference report is printed in sidered keeping Emery open because no work The PRESIDING OFFICER. The dis- the House proceedings of the RECORD of is going on there. tinguished senior Senator from the September 17, 1997.) School officials say that it is costing them State of Mississippi. Mr. COCHRAN. Mr. President, I ask more than $20,000 a day for buses to trans- f unanimous consent that there be 20 port the students to alternative school sites. minutes of debate equally divided be- And the situation could get worse, they CORRECTING A TECHNICAL ERROR tween the chairman and ranking mem- warned, if more schools must close before IN THE ENROLLMENT OF H.R. 2160 boiler repairs and other work can be started. ber, and following the expiration or About 72 boilers in the city’s 146 aging Mr. COCHRAN. At the direction of yielding back of time, the conference schools have needed replacing for years, offi- the majority leader, I ask unanimous report be considered agreed to and the

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11336 CONGRESSIONAL RECORD — SENATE October 29, 1997 motion to reconsider be laid upon the Women, Infants, and Children [WIC]; House of Representatives on October 6. table. and the school lunch and breakfast pro- Senate passage of this conference re- The PRESIDING OFFICER. Without grams. This is roughly the same as the port today is the final step necessary objection, it is so ordered. House bill level and $923 million less to send this fiscal year 1998 appropria- Mr. COCHRAN. Mr. President, I am than the Senate level. The difference tions bill to the President for signature very pleased to be able to present for from the Senate recommended level is into law. I urge my colleagues to sup- the Senate’s approval today the con- principally due to the fact that the port the adoption of this conference re- ference report on H.R. 2160, the Fiscal Senate receded to the House on the port. Year 1998 Agriculture, Rural Develop- transfer of funding Food and Consumer Mr. BUMPERS. Mr. President, I am ment, Food and Drug Administration, Service studies and evaluations to the pleased to join my colleague from Mis- and Related Agencies Appropriations Economic Research Service, and ac- sissippi, Senator COCHRAN, in bringing Act. cepted the lower House bill level for to the Senate floor the conference re- The conference agreement provides the Commodity Assistance Program port for the fiscal year 1998 appropria- total appropriations of $49.7 billion. based on the Department of Agri- tions bill for the Department of Agri- This is $4.1 billion less than the fiscal culture’s revised estimate of program culture, the Food and Drug Adminis- year 1997 enacted level and $2.6 billion need. In addition, the Senate receded tration, and related agencies. We con- less than the level requested by the to the House level of $100 million for cluded a successful conference with the House and although our 602(b) alloca- President. It is $964 million less than the Food Stamp Program contingency tion had to be adjusted downward, we the total appropriations recommended reserve, $900 million less than the Sen- were still able to maintain relatively by the Senate-passed bill and $146 mil- ate bill level. lion more than the level recommended For agriculture programs, the con- high levels of funding for many impor- by the House bill. ference report recommends a total of tant programs. As I stated during consideration of Including Congressional budget $6.9 billion, $57 million more than the the Senate bill, I had hoped we could scorekeeping adjustments and prior- House bill level. This amount includes provide higher levels of funding for ag- year spending actions, this conference $1.2 billion for agricultural research ricultural research. I am happy to re- agreement provides total discretionary and education, $423 million for exten- spending for fiscal year 1998 of $13.751 port that the conference agreement sion activities, $430 million for the Ani- provides a higher level of funding for billion in budget authority and $13.997 mal Plant Health and Inspection Serv- billion in outlays. These amounts are the Agricultural Research Service than ice, $589 for the Food Safety and In- was contained in either the earlier consistent with the revised discre- spection Service, $703 million for the House or Senate versions. Funding for tionary spending allocations estab- Farm Service Agency, and $253 million the Food Safety Inspection Service is lished for this conference agreement. for the Risk Management Agency. provided at a level more than $15 mil- Both the House and the Senate For conservation programs, the con- passed this bill at the end of July. The lion above last year and additional ference report recommends almost $790 funds are included for the President’s conferees met and completed con- million, $30 million more than the Food Safety Initiative at USDA and ference on September 17. I believe it is House bill level but $36 million less FDA. a credit to all members of the con- than the amount recommended by the The conference report contains fund- ference committee that we were able to Senate. ing for conservation programs well reach a conference agreement quickly. For rural economic and community above last year’s level and I am happy Special recognition is due the ranking development programs, the bill rec- to report that the House and Senate member of the subcommittee, my col- ommends $2.1 billion, $47 million more conferees have agreed to changes in league from Arkansas, Senator BUMP- than the House level and $9 million rural development activities that will ERS; the chairman of the House Sub- more than the Senate bill level. In- protect program integrity and make committee, Congressman SKEEN of New cluded in this amount is $652 million them more efficient. The WIC Program Mexico; and the ranking member of the for the Rural Community Advance- retains the increase of more than $100 House Subcommittee, Congresswoman ment Program, nearly $8 million more million above fiscal year 1997 that was KAPTUR, for their hard work and co- than the Senate bill level, and the Sen- included in the Senate bill and full operation in making this possible. ate bill level of $535 million for the funding for FDA’s youth tobacco ini- It was our intent that the conference rental assistance program. The con- tiative is provided. report on this bill would be adopted by ference report also provides a total I regret that we had to defer consid- both bodies of the Congress and sent to rural housing loan program level of $4.2 eration of this conference report until the President prior to the October 1, billion. this time. We had completed con- 1997, start of the fiscal year. However, For foreign assistance and related ference action and had been prepared it was the decision of the leadership to programs of the Department of Agri- to conclude action on this bill well in withhold Senate approval of this con- culture, the bill recommends $1.7 bil- advance of the end of the previous fis- ference agreement until further lion, including $131 million in new cal year. However, questions raised by progress was made on the FDA reform budget authority for the Foreign Agri- the authorization committees of the bill, which reauthorizes fees to expe- cultural Service and a total program Food and Drug Administration post- dite FDA’s prescription drug review level of $1.1 billion for the Public Law poned this final action until today. I and approval process. 480 Food for Peace Program. look forward to quick passage of this The conference agreement on this ap- The Food and Drug Administration conference report and approval by the propriations bill was adopted by the receives one of the largest discre- President. House of Representatives on Monday, tionary spending increases over the fis- We have already seen the President October 6, by a vote of 399 yeas to 18 cal year 1997 level. Included in the ap- exercise his new authorities of line- nays. Senate adoption of this con- propriation provided by the conference item veto on bills presented to him. I ference report today is the final step agreement for salaries and expenses of no doubt suspect that he will review remaining to allow this measure to be the Food and Drug Administration is this legislation with a similar critical sent to the President for signature into $24 million for food safety and $34 mil- eye and, without doubt, he will find law. We have every indication that the lion for youth tobacco prevention. items that had not originated with the bill will be signed by the President. These are the full amounts requested executive branch. Mr. President, I do Approximately $37.2 billion, close to by the Administration for these initia- not here intend to reopen floor debate 75 percent of the total new budget au- tives. on the ill-conceived line-item veto. thority provided by this conference re- Mr. President, there is no reason to However, I remind my colleagues, and port, is for domestic food programs ad- continue temporary stop-gap funding my friend in the White House, that the ministered by the U.S. Department of for the programs and activities funded Congress has very explicit responsibil- Agriculture. These include food by this bill. As I indicated earlier, this ities derived from the U.S. Constitu- stamps; commodity assistance; the spe- conference report was filed on Sep- tion relating to the expenditure of cial supplemental food program for tember 17 and was adopted by the funds. Simply because an item does not

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11337 originate with the executive does not H.R. 2160, AGRICULTURE APPROPRIATIONS, 1998 SPEND- $15 million for water systems for rural and mean it is without merit. Let me plain- ING COMPARISONS—CONFERENCE REPORT—Contin- and native villages in Alaska ly observe that when this bill was on ued Section 716 contains ‘‘Buy America’’ do- the Senate floor in July of this year, it [Fiscal year 1998, in millions of dollars] mestic source restrictions on expenditures of passed by a resounding 98 to 0. Mr. appropriations in this bill De- Non- Manda- Section 729 exempts the Martin Luther President, that simple statistic should fense defense Crime tory Total speak for itself and send an important King area of Pawley’s Island, South Caro- message to those who would undue the President’s request: lina, from the population eligibility ceiling Budget authority ...... 14,025 ...... 35,048 49,073 for housing loans and grants work we have done. Outlays ...... 14,282 ...... 35,205 49,487 In closing, let me again say what a House-passed bill: Section 730 prohibits closing or relocating Budget authority ...... 13,650 ...... 35,048 48,698 the FDA Division of Drug Analysis in St. pleasure it has been to work with my Outlays ...... 13,989 ...... 35,205 49,194 Senate-passed bill: Louis, Missouri friend from Mississippi, the chairman Budget authority ...... 13,791 ...... 35,048 49,839 of this subcommittee. He understands Outlays ...... 14,038 ...... 35,205 49,243 REPORT LANGUAGE the programs and the issues contained CONFERENCE REPORT [NOTE: Statement of managers explicitly in this bill and his leadership has been COMPARED TO: directs that report language is binding, and Senate 302(b) allocation: that any language in either Senate or House beyond value. Let me also again thank Budget authority ...... ¥40 ...... ¥40 the subcommittee’s majority staff, Re- Outlays ...... ¥170 ...... ¥170 report that is not specifically addressed in becca Davies, Martha Scott President’s request: conference report should be considered direc- Budget authority ...... ¥274 ...... ¥274 tion of the conference. Following list rep- Poindexter, Rochelle Graves, and, on Outlays ...... ¥285 ...... ¥285 House-passed bill: resents objectionable provisions specifically this side, Galen Fountain, Carole Budget authority ...... 101 ...... 101 stated in conference agreement.] Geagley, and Ben Noble of my personal Outlays ...... 8 ...... 8 Senate-passed bill: Agricultural Research Service: staff. All their work has been impor- Budget authority ...... ¥40 ...... ¥40 Outlays ...... ¥41 ...... ¥41 Earmarks and directive language for re- tant to completing work on this bill. search programs: Mr. DOMENICI. Mr. President, the Note.—Details may not add to totals due to rounding. Totals adjusted for consistency with current scorekeeping conventions. $250,000 for apple-specific E. coli research pending Agriculture and related agen- at the Eastern Regional Research Center, cies appropriations bill provides $49.0 Mr. MCCAIN. Mr. President, I regret Wyndmoor, Pennsylvania billion in new budget authority [BA] to come to the floor once again to talk $1 million for grazing research, earmarked and $41.5 billion in new outlays to fund about wasteful and unnecessary spend- equally for centers in Utah, Oklahoma, New most of the programs of the Depart- ing in an appropriations conference Mexico, and Pennsylvania ment of Agriculture and other related agreement. $500,000 for fusarium head blight research agencies for fiscal year 1998. During Senate consideration of the at the Cereal Rust Laboratory in St. Paul, When outlays from prior year budget Agriculture appropriations bill, I pre- Minnesota authority and other completed actions sented a nine-page list of add-ons, ear- $500,000 for research on karnal bunt at are taken into account, the bill totals marks, and set-asides in the bill and re- Manhattan, Kansas $48.8 billion in budget authority and port language. $1.25 million for Everglades Initiative, of $49.2 billion in outlays for fiscal year I had highlighted four provisions in which $500,000 is for research on biocontrol of 1998. the bill language of the Senate version melaleuca and other exotic pests at Fort Of the $49.2 billion in outlays, $35.2 of the Agriculture appropriations bill, Lauderdale, Florida, $500,000 is for hydrology billion fund entitlement programs like and not surprisingly, every one of these studies at Canal Point, Florida, and $250,000 food stamps, child nutrition programs, provisions, with minor modifications, is for a hydrologist to work on south Florida Everglades restoration and price support payments. The re- is included in the final conference bill. maining $14.0 billion funds discre- Interestingly, though, the conferees $1 million for an Arkansas entity to per- also made sure that most of the ear- form dietary research, $500,000 for similar tionary programs like rural housing work by a Texas entity, and $250,000 for each and economic development, food safety marks and set-asides in the report lan- of three other centers proposing to do die- inspection, activities of the Food and guage of both Houses is included by ref- tary research. Drug Administration, agriculture re- erence in the final agreement. The re- Earmark of $250,000 for Appalachian Soil search and the Farm Service Agency. port language of the conference agree- and Water Conservation Laboratory The conference report falls within ment says: $650,000 for ARS to assist Alaska in support the current 302(b) allocation for the The House and Senate report language of arctic germplasm which is not changed by the conference are Agriculture and Related Agencies Ap- $250,000 to initiate a program for the Na- approved by the committee of conference. propriations Subcommittee. I com- tional Center for Cool and Cold Water Aqua- The statement of the managers, while re- mend the distinguished Senator from culture at the Interior Department’s peating some report language for emphasis, Leetown, West Virginia Science Center, Mississippi for bringing this bill to the does not intend to negate the language re- where the national aquaculture center will floor within the subcommittee’s alloca- ferred to above unless expressly provided be collocated tion. herein. The bill contains important increases So the list I present to the Senate $250,000 for high-yield cotton germplasm research at Stoneville, Mississippi over the 1997 level from programs like today does not represent all of the the WIC Program and the new food wasteful spending in the Agriculture $250,000 to support research on infectious diseases in warmwater fish at the Fish Dis- safety initiative, and I urge adoption of appropriations bill, but only that the conference report. ease and Parasite Research Laboratory at which the conferees made the effort to Auburn, Alabama Mr. President, I ask unanimous con- specifically mention in the conference sent that a table displaying the Budget $500,000 increase for the National Aqua- statement of managers. The rest of the culture Research Center in Arkansas Committee scoring of the conference earmarks are simply carried over from $250,000 for grain legume genetics research report be printed in the RECORD. the Senate and House Appropriations at Washington State University There being no objection, the table Committee reports. was ordered to be printed in the $500,000 earmark for additional scientists Mr. President, I ask unanimous con- to do research on parasitic mites and RECORD, as follows: sent that the list be printed in the Africanized honeybees at the ARS Bee Lab- RECORD. oratory in Weslaco, Texas H.R. 2160, AGRICULTURE APPROPRIATIONS, 1998 There being no objection, the list was SPENDING COMPARISONS—CONFERENCE REPORT $100,000 to continue hops research in the ordered to be printed in the RECORD, as Pacific Northwest [Fiscal year 1998, in millions of dollars] follows: $500,000 increase for the National OBJECTIONABLE PROVISIONS IN H.R. 2160 CON- Warmwater Aquaculture Research Center in De- Non- Crime Manda- Total fense defense tory FERENCE AGREEMENT ON FY 1998 AGRI- Mississippi, and direction in the House re- CULTURE APPROPRIATIONS BILL port that the center be renamed the Thad Conference Report: Budget authority ...... 13,751 ...... 35,048 48,799 BILL LANGUAGE Cochran National Warmwater Aquaculture Outlays ...... 13,997 ...... 35,205 49,202 $20 million earmarked for water and waste Center Senate 302(b) allocation: Budget authority ...... 13,791 ...... 35,048 48,839 disposal systems for the Colonias along the $500,000 for Northwest Nursery Crops Re- Outlays ...... 14,167 ...... 35,205 49,372 U.S.-Mexico border search Center in Oregon

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11338 CONGRESSIONAL RECORD — SENATE October 29, 1997 $250,000 increase for Southeast Poultry Re- $100,000 for the mariculture program at cluded in the budget request but was search Laboratory in Georgia University of North Carolina at Wilmington added by the House with the expecta- $250,000 increase for an animal physiologist $150,000 for the National Center for Peanut tion that the Department of Agri- position at the Fort Keough Laboratory in Competitiveness Montana $3.354 million for shrimp aquaculture in culture would ‘‘exploit every oppor- $250,000 increase for additional scientific Arizona, Hawaii, Mississippi, Massachusetts, tunity to collaborate with the Cen- staffing at Small Fruits Research Labora- and South Carolina ter’’—according to the House report tory in Mississippi Directs consideration of Pennsylvania language. $5 million for Formosan subterranean ter- State University E. coli Reference Center as Two earmarks are included in the mite research candidate for $2 million food safety initia- conference managers’ statement for $200,000 for sugarcane biotechnology re- tive the National Center for Cool and Cold search at Southern Regional Research Cen- $6.1 million for 14 unrequested special Water Aquaculture in Leetown, WV. ter in Louisiana grants for extension activities and personnel Earmark of $500,000 for ginning research at in specific states The conferees earned another $6 mil- laboratory in Texas Animal and Plant Health Inspection Serv- lion to complete construction of a $100,000 for funding of research at Poi- ice: building at this site, which was funded sonous Plant Laboratory at Logan, Utah Earmarks and directive language: at the same level in the fiscal year 1997 $1 million for coastal wetlands and erosion $1.225 million for rabies control programs bill. And the conferees also provided research at the Rice Research Station in in Ohio, Texas, New York, and other states $250,000 to initiate a program to be con- Louisiana $400,000 for a geographic information sys- ducted at this new facility which, ac- $250,000 for research at the Food Fermenta- tem project to prepare to expand boll weevil tion Center in Raleigh, North Carolina eradication program into remaining cotton cording to the Senate report language, $450,000 to hire two small grain patholo- production areas will ‘‘ensure that risks associated with gists, one at the ARS laboratory in Raleigh, Supportive language: Urges APHIS to con- the long-term stability of the [cool and North Carolina, and the other at the labora- tinue cooperative efforts to eradicate boll cold water aquaculture] industry are tory at Aberdeen, Iowa weevil in New Mexico reduced.’’ $950,000 for rice research in Beaumont, Agricultural Marketing Service: Finally, the conferees earmarked $1.7 Texas, and Stuttgart, Arkansas Earmarks: $1 million for marketing assist- million for new personnel at various $200,000 for plant genetics equipment for ance to Alaska centers. The specific earmarks in the the ARS laboratory at Greenhouse, Missouri National Resources Conservation Service: $700,000 for natural products in Mississippi Earmarks: statement of managers language in- Earmarks for unrequested building $350,000 for Great Lakes Basin Program for clude: $500,000 for additional scientists projects: soil and erosion sediment control to do research on parasitic mites and $5.2 million for the Western Human Nutri- $3 million for technical assistance in Africanized honeybees at the Agri- tion Research Center in Davis, California Franklin County, Mississippi culture Research Service Bee Labora- $1.8 million for the Avian Disease Labs in $750,000 for Deer Creek watershed in Okla- East Lansing, Michigan tory in Weslaco, TX; $250,000 for an ani- homa mal physiologist position at the Fort $7.9 million for two projects in Mississippi $300,000 to assist farmers around Lake (planning and design for a Biocontrol and In- Otisco in New York Keough Laboratory in Montana; sect Rearing Laboratory in Stoneville, and $100,000 for Trees Forever program in Iowa $250,000 for additional scientific staff- National Center for Natural Products in Ox- Supportive language: Supports continu- ing at the Small Fruits Research Lab- ford) ation of Potomac Headwaters project, which oratory in Mississippi; $450,000 to hire $606,000 for a pest quarantine and inte- was proposed by Senate at $1.8 million, and two small grain pathologists, one at grated pest management facility in Montana encourage continued work with West Vir- $4.4 million for Human Nutrition Research the Agriculture Research Laboratory ginia Department of Agriculture for further in Raleigh, NC, and the other at the Center in North Dakota development of poultry waste energy recov- $4.824 million for the U.S. Vegetable Lab- laboratory at Aberdeen, IA; and $250,000 ery project at Moorefield and project imple- oratory in South Carolina mentation at Franklin for a hydrologist to work on south $600,000 for a Poisonous Plant Laboratory Rural Community Advancement Program: Florida Everglades restoration. The re- in Utah Supportive language: Urges consideration port language of both Houses and the $6 million for a National Center for Cool of grant proposals from 5 entities (in Texas, conferees also includes numerous in- and Cold Water Aquaculture in Leetown, Colorado, New Mexico, and the Midwest) West Virginia stances of language supporting or urg- which were not mentioned in either report Supportive language: ing or encouraging various agencies to Notes importance of barley stripe rust re- [page 52 of conference report] hire additional staff personnel, includ- search at Pullman, Washington laboratory Rural Utilities Service: Supportive language: Encourages Agri- ing a particular reference in the man- and expects work on controlling root disease culture Department to give consideration to agers’ statement, that was not in- of wheat and barley in cereal-based produc- an application from State University of New cluded in either report, to express the tion systems to continue at FY 1997 levels Support the addition of a new lettuce ge- York Telecommunications Center for Edu- conferees’ ‘‘support [for] the addition neticist/plant breeder position at the ARS in cation for a distance learning project, which of a new lettuce geneticist/plant breed- Salinas, California was not mentioned in either report. er position at the U.S. Agricultural Re- Expects ARS to expand research for Total objectionable provisions: $152.4 mil- search Station in Salinas, CA.’’ meadowfoam at Oregon State University and lion. Mr. President, these are just a few the ARS facility at Peoria, Illinois Mr. MCCAIN. Mr. President, let me examples of the egregiously wasteful Directs National Sedimentation Labora- take a moment to highlight some of spending practices of the Congress. I tory to initiate integrated watershed re- the items that are specifically ear- cannot condone wasting millions of search program for Yalobusha River Basin marked in the conference agreement. and Grenada Lake taxpayer dollars at a time when we are Cooperative State Research, Education, The conferees earmark $3.354 million finally making progress toward a bal- and Extension Service: of the research funds provided to the anced budget. Even when we have Earmarks: Cooperative State Research, Edu- eliminated annual deficits, hopefully $51.5 million for 110 special research cation, and Extension Service within just a few years, our Nation will grants: [CSREES] for shrimp aquaculture stud- still face a debt of over $5.4 trillion. Less than $7 million of this amount was re- ies in Hawaii, Mississippi, Massachu- Why not stop wasting money on unnec- quested, and the conferees reduced funding setts, California, and my home State, for 3 requested projects essary projects, and start repaying this All but $7 million of the $51.5 million is Arizona. Funding for shrimp aqua- huge debt? earmarked for particular states. culture is a perennial congressional I plan to recommend that the Presi- Almost $9 million for unrequested adminis- add-on that has not, to my knowledge, dent exercise his line item veto author- trative costs in connection with 14 research ever been included in an administra- ity to eliminate these earmarks and programs in specific states, including: tion budget request. And I have yet to set-asides. I hope he does so, because $150,000 for the Center for Human Nutrition fathom the logic of conducting shrimp eliminating unnecessary spending is in in Baltimore, Maryland research in the desert. $844,000 for the Geographic Information the best interest of all Americans. System program in Georgia, Chesapeake The conferees earned another $150,000 Mr. KOHL. Mr. President, I rise Bay, Arkansas, North Dakota, Washington, from the same CSREES account for the today in support of my colleagues’, Mr. and Wisconsin, and new entities in New Mex- National Center for Peanut Competi- FEINGOLD and Mr. GRAMS, efforts to ico, and Colorado tiveness. Again, this item was not in- clarify study language included in the

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11339 Agriculture appropriations bill being [NRCS] should prioritize funding for Therefore, I am authorized by the discussed today. newly approved RC&D Councils. These distinguished ranking member to yield My friends from the Northeast have councils provide much needed assist- back all time remaining on the con- worked hard to boost prices above mar- ance to watersheds and conservation ference report on both sides of the ket clearing levels by creating a re- districts seeking to maximize the envi- aisle, and I now so do. gional compact for their farmers. Now ronmental benefits of their conserva- The PRESIDING OFFICER. Without that the compact is implemented and tion programs. RC&D Councils should objection, the conference report is operating, we need a timely, com- be funded. RC&D is a very important agreed to. prehensive economic analysis by the program for protection and prudent de- The conference report was agreed to. Office of Management and Budget of velopment of our Nation’s natural re- f the marketing and pricing of milk source base. Working through local within the six State compact and sur- RC&D Councils, this program helps en- MORNING BUSINESS rounding areas. The pricing of milk is hance our ability to meet economic ob- Mr. COCHRAN. Mr. President, I ask an extremely complex issue. Artifi- jectives within the context of a wise unanimous consent that there now be a cially manipulating the marketing and and sustainable use of our natural re- period for morning business until 6:30 pricing of milk will have major im- sources. In Washington State, a State p.m. within which Senators may be pacts on other regions of the United rich in natural resources, RC&D offers permitted to speak for up to 5 minutes States, like Wisconsin. the chance to meet the challenges of each. Their proposal to raise prices for threatened resources in the face of de- The PRESIDING OFFICER. Without farmers has worked well and that cost mands for continued economic develop- objection, it is so ordered. is being passed on to consumers. A re- ment. cently released study announced that Mr. BUMPERS. Mr. President, I f Massachusetts consumers will pay an agree with the Senator from Wash- THE VERY BAD DEBT BOXSCORE additional $25 million for their milk ington. The purpose of the RC&D pro- over the next 12 months. The print gram is to encourage and improve the Mr. HELMS. Mr. President, at the media has reported that consumers are capability of State and local units of close of business yesterday, Tuesday, paying $.27 a gallon more per gallon of government and local nonprofit organi- October 28, 1997, the Federal debt stood milk in the compact area. We need to zations in rural areas to plan, develop, at $5,429,321,910,123.66 (Five trillion, analyze the impact this price increase and carry out programs for resource four hundred twenty-nine billion, three has not only on government purchases conservation and development. The hundred twenty-one million, nine hun- of dairy products for lunch programs, NRCS also helps coordinate available dred ten thousand, one hundred twen- but also the impact on low-income Federal, State, and local programs to ty-three dollars and sixty-six cents). families that spend more of their in- ensure adequate protection of natural One year ago, October 28, 1996, the come on food and dairy products. resources while promoting sound devel- Federal debt stood at $5,233,941,000,000 Although the program only regulates opment practices. Funding of the (Five trillion, two hundred thirty-three class I milk, other classes will be im- RC&D Councils is an important pri- billion, nine hundred forty-one mil- pacted by the economic signals encour- ority for the NRCS, as correctly em- lion). aging Northeast dairy farmers to over- phasized by the conferees, and I urge Five years ago, October 28, 1992, the produce. What happens to that excess the NRCS to not overlook opportuni- Federal debt stood at $4,065,988,000,000 fluid or manufacturing milk that will ties to enhance the efforts of the RC&D (Four trillion, sixty-five billion, nine be produced in the Northeast and Councils in a manner complimentary hundred eighty-eight million). forced to find a new processing plant and consistent with these stated objec- Ten years ago, October 28, 1987, the outside the compact area? Again, the tives. Federal debt stood at $2,385,891,000,000 print media has reported that dis- Mr. WYDEN. Mr. President, I would (Two trillion, three hundred eighty-five tressed raw milk has moved out of the like to join my colleagues in express- billion, eight hundred ninety-one mil- Northeast to plants in Ohio and as far ing support for the important work of lion). away as Wisconsin and Minnesota. RC&D Councils as well as opportunities Fifteen years ago, October 28, 1982, Ohio plants reportedly were paying to enhance these efforts. I urge the the Federal debt stood at $8.00 per cwt. delivered milk filling all NRCS to seek avenues that maximize $1,142,243,000,000 (One trillion, one hun- manufacturing plants to capacity in the beneficial conservation and envi- dred forty-two billion, two hundred that State. That excess supply of milk ronmental purposes of RC&D activi- forty-three million) which reflects a added to the overproduction that oc- ties. debt increase of more than $4 trillion— Mr. COCHRAN. Mr. President, as pro- curred in the United States further ex- $4,287,078,910,123.66 (Four trillion, two vided by the unanimous-consent agree- asperating record low price paid to hundred eighty-seven billion, seventy- ment taking up this appropriations farms this summer. eight million, nine hundred ten thou- conference report, there are 20 minutes Finally, the study should consider a sand, one hundred twenty-three dollars equally divided available for further cost/benefit analysis for each State and sixty-six cents) during the past 15 discussion of the conference report. I participating in the compact. For ex- years. have had some indication that there ample, Massachusetts has only about may be one or two Senators who may f 300 dairy farms, roughly 10 percent of wish to comment. Pending their arrival New England total, while its con- NGAWANG CHOEPHEL on the floor, I suggest the absence of a sumers pay half of the aggregate total Mr. LEAHY. Mr. President, I regret quorum. consumer costs. The PRESIDING OFFICER. The that I must again bring to the Senate’s I encourage the Office of Manage- clerk will call the roll. attention the situation of imprisoned ment and Budget to take a serious look The assistant legislative clerk pro- Tibetan music and dance scholar, at the issue. ceeded to call the roll. Ngawang Choephel. I had hoped that RESOURCE CONSERVATION AND DEVELOPMENT Mr. COCHRAN. Mr. President, I ask Chinese authorities would have recog- Mrs. MURRAY. Mr. President, the unanimous consent that the order for nized by now the grave mistake they conference report (105–252) on Depart- the quorum call be rescinded. made in sentencing him to 18 years in ment of Agriculture appropriations in- The PRESIDING OFFICER. Without prison. cludes $34.4 million for resource con- objection, it is so ordered. In 1995, Mr. Choephel was in Tibet servation and development [RC&D]. Mr. COCHRAN. Mr. President, I have making a documentary film of tradi- The conferees note that this increase been advised by the staff that hotlines tional Tibetan music and dance when in funding is not specifically ear- have been sent out to Members on both he was detained by Chinese authorities. marked for any initiative but should be sides, and we have no indication that After being held incommunicado for 15 used for approved RC&D Councils wait- any other Senator wants to come and months without access to his family or ing for funding. I agree that the Nat- speak on the subject of the conference independent legal counsel, Mr. ural Resource Conservation Service report. Choephel was sentenced to 18 years in

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11340 CONGRESSIONAL RECORD — SENATE October 29, 1997 prison for violating the State Security tary about traditional Tibetan music and then returned to the Senate to be dep- Law. It was insinuated that he was dance. Sixteen hours of video were sent to uty superintendent, and continued in paid by the U.S. Government to spy on friends in the West; they show beautiful im- that capacity until his promotion in behalf of the Dalai Lama. No evidence ages and sounds of a great culture, but no 1973. military installations, no political protests, to support such a claim has ever been not a critical word against China. Don became superintendent of the produced. The 16 hours of film Mr. Nonetheless, Chinese authorities arrested Senate gallery during a tumultuous Choephel sent to India during the first Ngawang Choepal in Llasa’s Shigatse market time—the beginning of the Watergate weeks of his project simply contain in September 1995. He was incarcerated for 15 hearings. He weathered the storm, and footage of the traditional music and months without being allowed to meet his received a commendation from the dance he said he had gone to document. family, independent legal counsel, or Amer- Standing Committee of Correspond- Persistent inquiries to Chinese au- ican representatives. Sen. Patrick Leahy vis- ents, the governing body of the Con- ited Beijing in November 1996 and appealed thorities regarding Mr. Choephel’s directly to President Jiang Zemin on behalf gressional press galleries, for his han- whereabouts and the condition of his of Ngawang. That plea was at first followed dling of the hearings. health have produced little informa- by a vague promise to examine the case. A During his tenure as superintendent, tion. I wrote to the head of the Chinese month later, Chinese authorities convicted Don presided over press coverage of the Communist Party soon after Mr. Ngawang Choepal of espionage and providing Senate during such major events as the Choephel’s detention and received no information ‘‘to the Dalai Lama clique’s gov- end of the Vietnam War, the Panama reply. I raised his case personally in ernment-in-exile and to an organization of a Canal Treaties debates, and the certain foreign country.’’ meetings with President Jiang Zemin The sentence imposed was stunningly se- ABSCAM hearings. He assisted with and other Chinese officials last Novem- vere: 18 years in prison. Eighteen years in a media arrangements for the Republican ber in Beijing and received no reply. I Chinese jail for videotaping people dancing and Democratic Conventions and the have written to President Jiang since to old Tibetan songs. Presidential Inaugurals from 1948 to then to urge his personal intervention The Chinese government has ignored assur- 1988. He was a tremendous help to Sen- in this case and received no reply. I am ances from the United States that Ngawang ators, staff members and the members just one of many who have sought in- Choepal is just a non-political music stu- of the press. dent, several congressional resolutions in his A Southern gentleman with a quick formation about Mr. Choephel to no support, pleas from his family and a number avail. As of today we have no informa- of worldwide letter-writing campaigns. wit and warm sense of humor, Don was tion as to where Mr. Choephel is being In fact, the international Campaign for one of the true characters to roam the held, or even if he is still alive. Tibet reports that the American Embassy in halls of Congress. He was beloved by re- This is an outrageous situation. A Beijing is not even certain in what prison porters and Senators alike for his sto- former Fulbright Scholar has been de- Ngawang is being held. rytelling, his affable nature, and his prived of 18 years of his life as a result Ngawang Choepal’s case is tragic on its seemingly endless repertoire of jokes. own very personal terms and as a reflection of spurious charges by a government of a much wider Chinese decision to wipe out He will be greatly missed. that will not even reveal his where- all opposition no matter how benign and no My deepest sympathy goes out to his abouts. I have urged the White House matter how inadvertent. wife, Mary Womack; his two daughters, to raise Mr. Choephel’s case with Presi- Such an outrageous violation of human Kay Duda of Alexandria and Patricia dent Jiang. I plan to do the same. If rights should be a serious obstacle to produc- Fair of Eatontown, New Jersey; his five President Jiang is interested in fos- tive relations between the United States and grandchildren; eleven great grand- tering closer ties with the United China (it certainly would be if the offending children, and his great-great grandson. country had less trade potential). States, he could make no gesture more Sadly, President Clinton and in essence meaningful than ordering his release. our whole country will soon host the man f Mr. President, I ask unanimous con- who is responsible for locking up Ngawang sent that excerpts from an article enti- Choepal and who could instantly set him MESSAGES FROM THE PRESIDENT tled ‘‘Who Is Invited to the Banquet?’’ free. When President Jiang Zemin visits by Jeff Kaufman of the Rutland Daily America later this month, he’ll be toasted, Herald be printed in the RECORD. feasted, and courted by businesses and lobby- REPORT OF ACHIEVEMENTS IN There being no objection, the article ists. Ngawang Choepal’s voice will not pass through the thick stone walls that he faces AERONAUTICS AND SPACE FOR was ordered to be printed in the every day. FISCAL YEAR 1996—MESSAGE RECORD, as follows: Who will speak out for him and thousands FROM THE PRESIDENT—PM 75 [From the Rutland Daily Herald, Oct. 23, like him? The PRESIDING OFFICER laid be- 1997] It should be our president and secretary of fore the Senate the following message WHO IS INVITED TO THE BANQUET?—TIBETAN state using the impressive clout of the from the President of the United FROM VERMONT REMAINS IN CHINESE PRISON United States. Soon we will see what this (By Jeff Kaufman) country really stands for. States, together with an accompanying In a few weeks, the Clinton administration f report; which was referred to the Com- will welcome Chinese President Jiang Zemin DEATH OF FORMER SENATE mittee on Commerce, Science, and on his first state visit to the United States. PRESS GALLERY SUPER- Transportation. Champagne, smiles, encouraging words and a INTENDENT DON C. WOMACK To the Congress of the United States: good dose of pomp and circumstance will be broadcast, not just to Americans, but around Mr. BYRD. Mr. President, I was sad- I am pleased to transmit this report the world. Sidebar statements about human dened to learn that Don C. Womack, on the Nation’s achievements in aero- and workers’ rights will be drowned out by who served as superintendent of the nautics and space during fiscal year televised images that will instantly convey U.S. Senate Press Gallery from 1973 to (FY) 1996, as required under section 206 the central message of such a historic meet- 1981, died of cancer Thursday morning of the National Aeronautics and Space ing: The leaders of the world’s most powerful at his home in Arlington at the age of Act of 1958, as amended (42 U.S.C. 2476). countries are celebrating joint ventures and 87. Aeronautics and space activities in FY common purpose. Don was born in Danville, Virginia 1996 involved 14 contributing depart- * * * * * August 22, 1910. He moved to the Wash- ments and agencies of the Federal Gov- Anonymity for political prisoners is a ty- ington Area in 1935, and attended the ernment. rant’s ally, so here is a name and a story to A wide variety of aeronautics and personalize the kind of cruelty imposed by Corcoran School of Art and George China’s prison archipelago. This individual Washington University. He managed a space developments took place during case may be not be typical in that it involves string of movie theaters in Northern FY 1996. The Administration issued an a young man who left the safety of America Virginia before taking a job as staff as- integrated National Space Policy, con- to travel to his native Tibet, but it is all too sistant in the House of Representatives solidating a number of previous policy typical in its show of intolerance, judicial Periodical Press Gallery in 1948, begin- directives into a singular, coherent vi- abuse and lack of regard for basic standards ning a 33-year career as a press liaison sion of the future for the civil, com- of human rights. mercial, and national security space Tibetan exile and Fulbright scholar on Capitol Hill. Ngawang Choopal came to this country at Don began working in the Senate sectors. The Administration also issued the age of 27 to study ethnomusicology at Press Gallery in 1951. He briefly left to a formal policy on the future manage- Middlebury College in 1993. In the summer of serve as superintendent of the House ment and use of the U.S. Global Posi- 1995, he returned to Tibet to film a documen- Periodical Gallery in 1954 and 1955, tioning System.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11341 During FY 1996, the National Aero- PETITIONS AND MEMORIALS S. 967. A bill to amend the Alaska Native nautics and Space Administration The following petitions and memo- Claims Settlement Act and the Alaska Na- tional Interest Lands Conservation Act to (NASA) successfully completed eight rials were laid before the Senate and Space Shuttle flights. NASA also benefit Alaska natives and rural residents, were referred or ordered to lie on the and for other purposes (Rept. No. 105–119). launched 7 expendable launch vehicles, table as indicated: By Mr. MCCAIN, from the Committee on while the Department of Defense POM–279. A resolution adopted by the Commerce, Science, and Transportation, launched 9 and the commercial sector Council of the City of Monterey Park, Cali- without amendment: launched 13. In the reusable launch ve- fornia relative to the Federal Aviation Ad- S. 661. A bill to provide an administrative hicle program, Vice President Gore an- ministration; to the Committee on Com- process for obtaining a waiver of the coast- nounced NASA’s selection of a private merce, Science, and Transportation. wise trade laws for certain vessels (Rept. No. sector partner to design, fabricate, and POM–280. A resolution adopted by the 105–121). flight test the X–33 vehicle. Council of the City of West Sacramento, By Mr. JEFFORDS, from the Committee Scientists made some dramatic new California relative to spent nuclear fuel; to on Labor and Human Resources, with an the Committee on Energy and Natural Re- discoveries in various space-related amendment in the nature of a substitute: sources. S. 1294. A bill to amend the Higher Edu- fields such as space science, Earth POM–281. A resolution adopted by the cation Act of 1965 to allow the consolidation science and remote sensing, and life Upper Mississippi River Basin Association of student loans under the Federal Family and microgravity science. Most nota- relative to the Missouri River; to the Com- Loan Program and the Direct Loan Program bly, NASA researchers cooperating mittee on Environment and Public Works. (Rept. No. 105–122). POM–282. A resolution adopted by the with the National Science Foundation f found possible evidence of ancient mi- Lenawee County Board of Commissioners (Michigan) relative to the Environmental EXECUTIVE REPORTS OF crobial life in a meteorite believed to Protection Agency; to the Committee on En- COMMITTEES be from Mars. vironment and Public Works. In aeronautics, activities included POM–283. A resolution adopted by the Mac- The following executive reports of the development of technologies to im- edonian Patriotic Organization of the United committees were submitted: prove performance, increase safety, re- States and Canada relative to the former By Mr. CHAFEE, from the Committee on duce engine noise, and assist U.S. in- Federal Republic of Yugoslavia; to the Com- Environment and Public Works: Kenneth R. dustry to be more competitive in the mittee on Foreign Relations. Wykle, of Virginia, to be Administrator of POM–284. A resolution adopted by the Mac- the Federal Highway Administration. world market. Air traffic control ac- edonian Patriotic Organization of the United tivities focused on various automation States and Canada relative to the Republic (The above nomination was reported systems to increase flight safety and of Macedonia; to the Committee on Foreign with the recommendation that he be enhance the efficient use of air space. Relations. confirmed, subject to the nominee’s Close international cooperation with POM–285. A resolution adopted by the Mac- commitment to respond to requests to Russia occurred in the Shuttle-Mir edonian Patriotic Organization of the United appear and testify before any duly con- docking missions and with Canada, Eu- States and Canada relative to the North At- stituted committee of the Senate.) rope, Japan, and Russia in the Inter- lantic Treaty Organization and the Republic of Macedonia; to the Committee on Foreign By Mr. ROTH, from the Committee on Fi- national Space Station program. The Relations. nance: United States also entered into new co- POM–286. A resolution adopted by the Mac- Mary Ann Cohen, of California, to be a operative agreements with Japan and edonian Patriotic Organization of the United judge of the U.S. Tax Court for a term of 15 new partners in South America and States and Canada relative to the govern- years after she takes office (Reappointment). Asia. ment of Greece; to the Committee on For- Margaret Ann Hamburg, of New York, to In conclusion, FY 1996 was a very ac- eign Relations. be an Assistant Secretary of Health and POM–287. A resolution adopted by the Mac- Human Services. tive and successful year for U.S. aero- Stanford G. Ross, of the District of Colum- nautics and space programs. Efforts in edonian Patriotic Organization of the United States and Canada relative to the European bia, to be a member of the Social Security these areas have contributed signifi- Union; to the Committee on Foreign Rela- Advisory Board for a term expiring Sep- cantly to the Nation’s scientific and tions. tember 30, 2002. technical knowledge, international co- POM–288. A resolution adopted by the Mac- David W. Wilcox, of Virginia, to be an As- operation, environmental health, and edonian Patriotic Organization of the United sistant Secretary of the Treasury. economic competitiveness. States and Canada relative to capital invest- Rita D. Hayes, of South Carolina, to be Deputy U.S. Trade Representative, with the WILLIAM J. CLINTON. ment for the Republic of Macedonia; to the rank of Ambassador. THE WHITE HOUSE, October 29, 1997. Committee on Foreign Relations. POM–289. A resolution adopted by the Charles Rossotti, of the District of Colum- f Council of the City of Plantation, Florida bia, to be Commissioner of Internal Revenue. MESSAGES FROM THE HOUSE relative to the proposed ‘‘Private Property David L. Aaron, of New York, to be Under Rights Implementation Act’’; to the Com- Secretary of Commerce for International At 11:02 a.m., a message from the mittee on the Judiciary. Trade. House of Representatives, delivered by POM–290. A resolution adopted by the (The above nominations were re- Board of Supervisors, County of Los Angeles, Mr. Hays, one of its reading clerks, an- ported with the recommendation that nounced that the House agrees to the California relative to the proposed ‘‘Immi- gration Reform Transition Act of 1997’’; to they be confirmed, subject to the nomi- report of the committee of conference nees’ commitment to respond to re- on the disagreeing votes of the two the Committee on the Judiciary. f quests to appear and testify before any Houses on the amendments of the Sen- duly constituted committee of the Sen- ate to the bill (H.R. 1119) to authorize REPORTS OF COMMITTEES ate.) appropriations for fiscal year 1998 for The following reports of committees military activities of the Department By Mr. THURMOND, from the Committee were submitted: on Armed Services: of Defense, for military construction, By Mr. CAMPBELL, from the Committee Jacques Gansler, of Virginia, to be Under and for defense activities of the De- on Indian Affairs, without amendment: Secretary of Defense for Acquisition and partment of Energy, to prescribe per- H.R. 79. A bill to provide for the convey- Technology. sonnel strengths for such fiscal year ance of certain land in the Six Rivers Na- John E. Mansfield, of Virginia, to be a for the Armed Forces, and for other tional Forest in the State of California for member of the Defense Nuclear Facilities purposes. the benefit of the Hoopa Valley Tribe (Rept. Safety Board for a term expiring October 18, No. 105–117). 2001. At 2:08 p.m., a message from the By Mr. HATCH, from the Committee on The following-named officer for appoint- House of Representatives, delivered by the Judiciary, with an amendment in the na- ment in the U.S. Air Force to the grade indi- Ms. Goetz, one of its reading clerks, an- ture of a substitute: cated while assigned to a position of impor- S. 53. A bill to require the general applica- nounced that the House has agreed to tance and responsibility under title 10, tion of the antitrust laws to major league United States Code, section 601: the following resolution: baseball, and for other purposes (Rept. No. To be lieutenant general H. Res. 286. Resolving that the House has 105–118). heard with profound sorrow of the death of By Mr. MURKOWSKI, from the Committee Maj. Gen. Steward E. Cranston, 0000. the Honorable Walter H. Capps, a Represent- on Energy and Natural Resources, with an The following-named officer for appoint- ative from the State of California. amendment in the nature of a substitute: ment in the Reserve of the Air Force to the

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11342 CONGRESSIONAL RECORD — SENATE October 29, 1997 grade indicated under title 10, United States To be rear admiral (lower half) Mr. THURMOND. Mr. President, for Code, section 12203: Capt. Phillip M. Balisle, 0000 the Committee on Armed Services, I To be brigadier general Capt. Kenneth E. Barbor, 0000 report favorably 17 nomination lists in Col. James P. Czekanski, 0000 Capt. Larry C. Baucom, 0000 the Air Force, Army, Marine Corps, The following Air National Guard of the Capt. Robert E. Besal, 0000 and Navy which were printed in full in United States officers for appointment in the Capt. Joseph D. Burns, 0000 the CONGRESSIONAL RECORD of June 12, Reserve of the Air Force, to the grade indi- Capt. Joseph A. Carnevale, Jr., 0000 September 18, October 7, 9, and 20, 1997, Capt. Jay M. Cohen, 0000 cated under title 10, United States Code, sec- and ask unanimous consent, to save tion 12203: Capt. Christopher W. Cole, 0000 Capt. David R. Ellison, 0000 the expense of reprinting on the Execu- To be major general Capt. Lillian E. Fishburne, 0000 tive Calendar, that these nominations Brig Gen. Rendell F. Clark, Jr., 0000 Capt. Rand H. Fisher, 0000 lie at the Secretary’s desk for the in- Brig Gen. Wilfred Hessert, 0000 Capt. Alan M. Gemmill, 0000 formation of Senators: Brig Gen. Theodore F. Mallory, 0000 Capt. David T. Hart, Jr., 0000 The PRESIDING OFFICER. Without Brig Gen. Loran C. Schnaidt, 0000 Capt. Kenneth F. Heimgartner, 0000 objection, it is so ordered. Brig Gen. James E. Whinnery, 0000 Capt. Joseph G. Henry, 0000 (The nominations ordered to lie on To be brigadier general Capt. Gerald L. Hoewing, 0000 the Secretary’s desk were printed in Col. Garry S. Bahling, 0000 Capt. Michael L. Holmes, 0000 the RECORDS of June 12, September 18, Col. David A. Beasley, 0000 Capt. Edward E. Hunter, 0000 October 7, 9, 20, 1997, at the end of the Capt. Thomas J. Jurkowsky, 0000 Col. Jackson L. Davis, III, 0000 Senate proceedings.) Col. David R. Hudlet, 0000 Capt. William R. Klemm, 0000 Military nominations which have been Col. Karl W. Kristoff, 0000 Capt. Michael D. Malone, 0000 Capt. William J. Marshall, III, 0000 pending with the Senate Armed Services Col. John A. Love, 0000 Committee the required length of time and Col. Clark W. Martin, 0000 Capt. Peter W. Marzluff, 0000 Capt. James D. McArthur, Jr., 0000 which are proposed for the committee’s con- Col. Robert P. Meyer, Jr., 0000 sideration on October 28, 1997. Col. John H. Oldfield, Jr., 0000 Capt. Michael J. McCabe, 0000 Capt. David C. Nichols, Jr., 0000 In the Naval Reserve there is one appoint- Col. Eugene A. Schmitz, 0000 ment to the grade of captain (Jeffrey L. Col. Joseph K. Simeone, 0000 Capt. Gary Roughead, 0000 Capt. Kenneth D. Slaght, 0000 Schram, USNR) (Reference No. 384–2) Col. Dale K. Snider, Jr., 0000 In the Navy there are 587 appointments to Capt. Stanley R. Szemborski, 0000 Col. Emmett R. Titshaw, 0000 the grade of commander (list begins with Capt. George E. Voelker, 0000 Col. Edward W. Tonini, 0000 Frank P. Achron, Jr.) (Reference No. 654) Col. Giles E. Vanderhoof, 0000 Capt. Christopher E. Weaver, 0000 In the Army there are six appointments to Capt. Robert F. Willard, 0000 The following-named officer for appoint- the grade of lieutenant colonel and below Capt. Charles B. Young, 0000 ment in the U.S. Air Force to the grade indi- (list begins with Reed S. Christensen) (Ref- cated while assigned to a position of impor- The following-named officers for appoint- erence No. 704) tance and responsibility under title 10, ment in the U.S. Navy to the grade indicated In the Army there are two appointments to United States Code, section 601: under title 10 United States Code, section the grade of major (list begins with Perry W. 624: Blackburn, Jr.) (Reference No. 705) To be general To be rear admiral (lower half) In the Marine Corps there is one appoint- Lt. Gen. John A. Gordon, 0000 ment to the grade of lieutenant colonel (Paul Capt. Marion J. Balsam, 0000 The following Air National Guard of the D. McGraw) (Reference No. 706) Capt. Barry C. Black, 0000 In the Navy there are three appointments United States officers for appointment in the Capt. Richard T Ginman, 0000 Reserve of the Air Force, to the grade indi- to the grade of lieutenant (list begins with Capt. Michael R. Johnson, 0000 Frederick Braswell) (Reference No. 707) cated under title 10, United States Code, sec- Capt. Charles R. Kubic, 0000 tion 12203: In the Navy there are 690 appointments to Capt. Rodrigo C. Melendez, 0000 the grade of lieutenant comaander (list be- To be major general Capt. Daniel H. Stone, 0000 gins with Leigh P. Ackart) (Reference No. Brig Gen. Paul A. Weaver, Jr., 0000 The following-named officer for appoint- 708) To be brigadier general ment in the U.S. Navy to the grade indicated In the Navy there are 216 appointments to Col. Craig R. McKinley, 0000 while assigned to a position of importance the grade of lieutenant (list begins with Wil- Col. Kenneth J. Stromquist Jr., 0000 and responsibility under title 10, United liam L. Abbott) (Reference No. 709) In the Navy there are 53 appointments to Col. Jay W. Van Pelt, 0000 States Code, sections 601 and 5035: To be Admiral the grade of lieutenant commander (list be- The following-named officer for appoint- gins with William B. Allen) (Reference No. ment in the U.S. Army to the grade indi- Vice Adm. Donald L. Pilling, 0000 710) cated while assigned to a position of impor- The following-named officer for appoint- In the Air Force there are 1,292 appoint- tance and responsibility under title 10, ment in the U.S. Navy to the grade indicated ments to the grade of lieutenant colonel (list United States Code, section 601: while assigned to a position of importance begins with Rebecca G. Abraham) (Reference To be general and responsibility under title 10, United No. 711) States Code, section 601: In the Army there are three appointments Lt. Gen. Peter J. Schoomaker, 0000 To be vice admiral as permanent professors at the U.S. Military The following-named officer for appoint- Academy to the grade of colonel and below Vice Adm. Conrad C. Lautenbacher, 0000 ment in the U.S. Army to the grade indi- (list begins with Russell D. Howard) (Ref- cated while assigned to a position of impor- The following-named officer for appoint- erence No. 742) tance and responsibility under title 10, ment in the U.S. Navy to the grade indicated In the Air Force there are 49 appointments United States Code, section 601: under title 10, United States Code, section to the grade of captain (list begins with To be lieutenant general 624: Share Dawn P. Angel) (Reference No. 748) Maj. Gen. Jack P. Nix, Jr., 0000 To be rear admiral In the Army there are 16 appointments to Rear Adm. (lh) Lowell E. Jacoby, 0000 the grade of colonel (list begins with Debra The following-named officer for appoint- L. Boudreau) (Reference No. 749) The following-named officer for appoint- ment in the U.S. Army to the grade indi- In the Army there are three appointments cated while assigned to a position of impor- ment in the U.S. Navy to the grade indicated to the grade of lieutenant colonel (list begins tance and responsibility under title 10, while assigned to a position of importance with Lelon W. Carroll) (Reference No. 750) United States Code, section 601: and responsibility under title 10, United In the Naval Reserve there is one appoint- To be lieutenant general States Code, section 601: ment to the grade of captain (Arvin W. To be vice admiral Maj. Gen. Larry R. Jordan, 0000 Johnsen) (Reference No. 751) Rear Adm. Michael L. Bowman, 0000 In the Navy there are two appointments to The following Army National Guard of the the grade of captain (list begins with Wil- United States officer for appointment in the The following-named officer for appoint- ment in the U.S. Navy to the grade indicated liam L. Richards) (Reference No. 752) Reserve of the Army to the grade indicated In the Navy there is one appointment to while assigned to a position of importance under title 10, United States Code, section the grade of commander (James R. Pipkin) and responsibility under title 10, United 12203: (Reference No. 753) States Code, section 601: To be major general To be vice admiral f Brig. Gen. Fletcher C. Coker, Jr., 0000 Vice Adm. Vernon E. Clark, 0000 INTRODUCTION OF BILLS AND The following-named officers for appoint- JOINT RESOLUTIONS ment in the U.S. Navy to the grade indicated (The above nominations were re- under title 10, United States Code, section ported with the recommendation that The following bills and joint resolu- 624: they be confirmed.) tions were introduced, read the first

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11343 and second time by unanimous con- By Mr. DASCHLE (for himself and Mr. on which they could earn a living and, sent, and referred as indicated: JOHNSON): further, to hold those lands in trust for S. 1341. A bill to provide for mitigation of By Mr. LIEBERMAN: them so they would not be sold or oth- S. 1329. A bill to prohibit the taking of cer- terrestrial wildlife habitat lost as a result of erwise lost. Once the United States the construction and operation of the Pick- tain lands by the United States in trust for takes land into trust for a tribe economically self-sufficient Indian tribes for Sloan Missouri River Basin program in the State of South Dakota, and for other pur- through this process, the land becomes commercial and gaming purposes, and for part of the tribe’s sovereign property. other purposes; to the Committee on Indian poses; to the Committee on Environment and Affairs. Public Works. This means that State and local gov- By Mr. SPECTER (for himself and Mr. By Mr. MURKOWSKI (for himself and ernments no longer have jurisdiction SANTORUM): Mr. THOMAS): over the land, and the land is removed S. 1330. A bill to designate the United S. 1342. A bill to amend title XVIII of the from those governments’ tax, zoning, States Post Office located at 450 North Cen- Social Security Act to increase access to and police powers. tre Street in Pottsville, Pennsylvania, as the quality health care in frontier communities Economic conditions for some tribes by allowing health clinics and health centers ‘‘Peter J. McClosky Postal Facility’’; to the have improved since 1934 through a va- Committee on Governmental Affairs. greater medicare flexibility and reimburse- By Mr. MCCAIN: ment; to the Committee on Finance. riety of commercial, agricultural, and S. 1331. A bill to amend title 49, United By Mr. LAUTENBERG: other enterprises, but many are still States Code, to enhance domestic aviation S. 1343. A bill to amend the Internal Rev- struggling. Few could be described as competition by providing for the auction of enue Code of 1986 to increase the excise tax rich or even comfortable; far too many slots at slot-controlled airports, and for rate on tobacco products and deposit the re- still live in poverty. The 1934 act other purposes; to the Committee on Com- sulting revenues into a Public Health and should remain available to help those merce, Science, and Transportation. Education Resource Trust Fund, and for tribes who still need assistance from By Mr. ENZI: other purposes; to the Committee on Fi- S. 1332. A bill to amend title 28, United nance. the Federal Government in attaining States Code, to recognize and protect State economic self-sufficiency. efforts to improve environmental mitigation f As our experience in Connecticut has and compliance through the promotion of shown, however, that act is now being voluntary environmental audits, including SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS used to achieve goals far removed from limited protection from discovery and lim- its original purpose. As a result of the ited protection from penalties, and for other The following concurrent resolutions Indian Gaming Regulatory Act of 1988, purposes; to the Committee on Environment and Senate resolutions were read, and and Public Works. many tribes have established casinos By Mr. FRIST: referred (or acted upon), as indicated: and gambling operations, and, al- S. 1333. A bill to amend the Land and By Mrs. MURRAY (for herself, Mr. though gaming has not brought riches Water Conservation Fund Act of 1965 to KEMPTHORNE, Mr. WELLSTONE, Mr. to many of those tribes, some have allow national park units that cannot charge AKAKA, Mr. CRAIG, Mr. LAUTENBERG, been very successful, particularly in an entrance or admission fee to retain other Mr. HOLLINGS, Mr. CHAFEE, Mr. my home State. One of the most suc- fees and charges; to the Committee on En- BRYAN, Ms. COLLINS, Mr. FORD, Mr. ergy and Natural Resources. SARBANES, Mr. ROCKEFELLER, Mr. cessful gambling casinos in the country By Mr. BOND (for himself, Mr. SHELBY, JEFFORDS, Mr. ROTH, Mr. KOHL, Mr. is located in eastern Connecticut and is Mr. WARNER, Mr. REID, Mr. JOHNSON, TORRICELLI, Mrs. FEINSTEIN, Mr. owned and operated by the Mashan- Mr. HOLLINGS, Mr. HUTCHINSON, Mr. ABRAHAM, Mr. WARNER, Mr. FRIST, tucket Pequot Tribe. The success of MACK, Mrs. MURRAY, Mr. ASHCROFT, Mr. DORGAN, Mr. SPECTER, Mr. ROBB): the tribe’s Foxwoods Casino has been Mr. CRAIG, Mr. BUMPERS, Mr. LEAHY, S. Res. 141. A resolution expressing the well chronicled. Established in 1992, the Ms. COLLINS, Mr. SESSIONS, Mr. sense of the Senate regarding National Con- casino has been open 24 hours a day, 7- ALLARD, Mr. BAUCUS, and Mrs. FEIN- cern About Young People and Gun Violence STEIN): Day; to the Committee on the Judiciary. days a week ever since. Whatever one S. 1334. A bill to amend title 10, United thinks about the Indian Gaming Regu- States Code, to establish a demonstration f latory Act or gambling, either morally project to evaluate the feasibility of using STATEMENTS ON INTRODUCED or as a vehicle for economic growth, the Federal Employees Health Benefits pro- BILLS AND JOINT RESOLUTIONS the Mashantucket Pequots seized the gram to ensure the availablity of adequate opportunity presented to them by the health care for Medicare-eligible bene- By Mr. LIEBERMAN: ficiaries under the military health care sys- Indian Gaming Act. They have devel- S. 1329. A bill to prohibit the taking oped an extraordinarily successful, tem; to the Committee on Armed Services. of certain lands by the United States in By Ms. SNOWE: well-run casino in record time. Annual S. 1335. A bill to amend title 5, United trust for economically self-sufficient casino revenues for the 500-member States Code, to ensure that coverage of bone Indian tribes for commercial and gam- tribe reportedly approach $1 billion. By mass measurements is provided under the ing purposes, and for other purposes; to any measure, the tribe has become health benefits program for Federal employ- the Committee on Indian Affairs. very wealthy. ees; to the Committee on Governmental Af- THE INDIAN TRUST LANDS REFORM ACT OF 1997 Given the tribe’s tremendous finan- fairs. By Mr. GRAHAM: Mr. LIEBERMAN. Mr. President, I cial success, it is not at all surprising S. 1336. A bill for the relief of Roy Desmond rise today to introduce legislation that it has decided to buy more land Moser; to the Committee on the Judiciary. aimed at returning some common sense near its reservation in order to expand S. 1337. A bill for the relief of John Andre to one aspect of the Federal Govern- and diversify its businesses. According Chalot; to the Committee on the Judiciary. ment’s Indian lands policies. My bill, to press accounts, the tribe owns over By Mr. KERREY: the Indian Trust Lands Reform Act of S. 1338. A bill to authorize the expenditure 3,500 acres outside of the boundaries of of certain health care funds by the Ponca 1997, arises out of a problem Con- its reservation, in addition to the ap- Tribe of Nebraska; to the Committee on In- necticut and other States have been proximately 1,320 acres that is held in dian Affairs. struggling with for the last few years. trust on its behalf within the reserva- By Mrs. HUTCHISON (for herself, Mr. The bill would amend the Indian Re- tion. The tribe is now the largest pri- GRAMM, Mrs. FEINSTEIN, and Mrs. organization Act of 1934 to reinforce its vate landowner in southeastern Con- BOXER): original purpose: helping Indian tribes necticut. It already runs several hotels S. 1339. A bill to provide for an increase in and individual Indians to hold on to or pay and allowances for members of the uni- outside of its reservation’s boundaries, formed services for fiscal year 1998, to im- obtain land they need to survive eco- and tribal leaders have at various prove certain authorities relating to the pay nomically and become self-sufficient. times talked of building a massive and allowances and health care of such mem- Congress passed the 1934 act after the theme park and golf courses on its off- bers, to authorize appropriations for fiscal landholdings of some tribes had dwin- reservation land. year 1998 for military construction, and for dled down to acres. Tribes and their The tribe owns its land in fee simple other purposes; to the Committee on Armed members were selling and losing land and so is free to develop it like any Services. to foreclosures, tax arrearages, and the other property owner might. But un- By Mr. DURBIN: S. 1340. A bill entitled the ‘‘Telephone Con- like. The 1934 act gave the Secretary of like other property owners—who must sumer Fraud Protection Act of 1997.’’; to the the Interior the authority needed to develop their land in compliance with Committee on the Judiciary. help tribes hold on to or acquire land State and local zoning laws and who

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11344 CONGRESSIONAL RECORD — SENATE October 29, 1997 must pay taxes on the land and on the size without there being any con- ita income of citizens of the United businesses conducted on the land—the sequences. As a result of the Casino’s States, as well as the role that the tribe has claimed it has the option, success, the character of the towns has lands at issue will play in the tribe’s under the 1934 act, to ask the Depart- been permanently altered, and the efforts to achieve economic self-suffi- ment of the Interior to take that land costs of local government—from crime ciency. May I note that I understand in trust on the tribe’s behalf, thereby prevention to road maintenance to that some tribes do not have reserva- removing the land from all State and countless other things—have increased, tions in the traditional sense, and so local jurisdiction. This is an option be- all at the same time that the 1934 act the language of this bill will have to be cause the Department of Interior inter- has precluded the towns from exer- adjusted in the future to address the prets the 1934 act as being available, cising zoning and other controls and situation of those tribes. with limitations, to all federally recog- from collecting taxes to help defray In short, my bill is very narrow in nized tribes, regardless of whether the the newly imposed costs. scope, aimed solely at ensuring that tribe’s situation bears any resemblance Given the financial resources of the the Department of Interior’s awesome to the conditions that originally tribe and the apparent willingness of power to remove lands from State and spurred Congress to enact the 1934 pro- the Department of Interior to take local authority is used only in accord- visions. land into trust on their behalf regard- ance with the original intent of the And, this is an option the less of any evidence that the tribe 1934 Act. The bill would not impose any Mashantucket Pequots have exercised. needs additional trust lands, many restrictions on the Department’s au- In 1992, the Department of Interior residents wonder where this will lead. I thority to take on-reservation land granted the tribe’s request to take into question the policy justification for the into trust. It would not affect the abil- trust approximately 20 acres located United States to change the boundaries ity of the Secretary to assist tribes outside the tribe’s reservation bound- of three Connecticut towns unilater- that genuinely need additional land— aries in the neighboring towns of ally so that an extraordinarily wealthy whether on or off their reservations—in Ledyard and Preston. In January 1993, tribe—this one or any other —can ex- order to move toward or attain eco- the tribe filed another application, this pand its gaming or other business en- nomic self-sufficiency. It would not one to have an additional 248 off- res- terprises, free of taxes and local land- even affect the ability of the Depart- ervation acres taken in trust. The af- use controls, particularly when that ment of Interior to take into trust off- fected towns of Ledyard, North tribe is perfectly capable of expanding reservation land for wealthy tribes Stonington, and Preston challenged its businesses on the thousands of trust needing the land for non-commercial purposes. The bill contains explicit ex- that request. Nevertheless, the Depart- and nontrust acres it presently owns. I emptions for the establishment of ini- ment of Interior granted that request question whether Congress—which en- tial reservations for Indian tribes, in May 1995, subject to certain condi- acted the 1934 act ‘‘to provide for the whether accomplished through recogni- tions regarding the land’s develop- acquisition, through purchase, of land tion by the Department of Interior or ment—a decision the towns and the for Indians, now landless, who are by an act of Congress, and in cir- Connecticut attorney general are chal- anxious to make a living on such land cumstances where tribes once recog- * * * ’’ and ‘‘to meet the needs of land- lenging in Federal court. In March 1993, nized by the Federal Government are the tribe applied to have 1,200 more off- less Indians and of Indian individuals restored to recognition. And, of course, reservation acres taken in trust. That whose landholdings are insufficient for it does not impact the ability of request was sent back to the tribe be- self-support’’ (Senate Report No. 1080, wealthy tribes to buy as much land as cause of legal deficiencies in the appli- 73d Congress, 2d Session 1–2 (1934))—in- they want for whatever purpose they cation, but reapplication by the tribe is tended in 1934 that the law would be want it. The only thing my bill does do expected, and past statements by tribal used in this fashion. is to require tribes who are economi- The authority for the Department of leaders suggest that more applications cally self-sufficient and who wish to Interior to grant the tribe’s request is may be filed in the future. engage in commercial activity outside The effect of the tribe’s and the De- now subject to review in the courts. of their reservation’s boundaries to do partment of Interior’s decisions involv- The courts will have to decide whether so in compliance with the same local ing off-reservation lands has been un- the 1934 act even applies to this tribe land-use and tax laws applied to every settling, to say the least, on the tribe’s and, if so, whether the Secretary acted other land holder. neighbors—the residents of the small properly. The courts will have to de- Mr. President, many residents of towns that border the reservation. cide as well whether the 1983 Connecticut applaud the success that Once the United States takes land into Mashantucket Pequot Settlement Act the Mashantucket Pequot Tribe has trust on behalf of a tribe, as it has at- independently prohibits trust acquisi- had with its Foxwoods Casino. The tempted to do here, boundaries change tion by the tribe outside of reservation tribe employs thousands of Con- permanently. The land is no longer boundaries and whether the trust ac- necticut residents in an area of the within the jurisdiction of the State or quisition complied with applicable Fed- State that was hard hit by a lingering local governments. It is not subject to eral environmental laws. recession and cuts in defense spending. local zoning, land-use or environ- To avoid future disputes and con- The tribe’s plans for economic develop- mental controls. Taxes cannot be col- troversy, my bill would amend the In- ment of the region, while not univer- lected on the land or on any business dian Reorganization Act to return to sally liked, have many in the area operated on the land. And State and its original purpose. It would prohibit genuinely excited about future oppor- local governments may exercise no po- the Secretary of Interior from taking tunities. lice powers on the land unless invited any lands located outside of the bound- I have discovered though that even by the tribe to do so. aries of an Indian reservation into among residents cheered by the tribe’s The plight of the towns surrounding trust on behalf of an economically self- success and supportive of its plans, the Mashantucket Pequot lands show sufficient Indian tribe, if those lands there is a strong sense of unfairness that these problems are not just theo- are to be used for gaming or any other about how the land in trust process is retical. Ledyard, North Stonington, commercial purpose. It directs the Sec- being used. They believe there is no and Preston are small communities retary of Interior to determine, after reason why this tribe, or any other in whose combined population is about providing opportunity for public com- a similar situation, needs to have the 25,000—less than half the number of ment, whether a tribe is economically U.S. Government take additional, com- visitors the Foxwoods Casino receives self-sufficient and to develop regula- mercial land in trust on the tribe’s be- on a typical summer weekend. The tions setting forth the criteria for half outside of its reservation bound- towns have a combined annual tax rev- making that determination generally. aries. What is at stake here, after all, enue of approximately $25 million—less Among the criteria that the Secretary is not preserving a culture or achieving than half the amount of revenue the must include in those regulations to self-sufficiency, but expansion of an al- casino’s slot machines generate in 1 assess economic self-sufficiency are the ready successful business on lands that month alone. Obviously, towns of this income of the tribe, as allocated among are owned by the tribe and developable size cannot absorb a business of this members and compared to the per cap- by them, as they would be by any other

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11345 landowner. Extra help is simply not tribe (including the income of all tribal en- third, perimeter rules prohibiting needed, and continuing to grant it is terprises of the Indian tribe) among members flights at airports that exceed a certain not fair and, in my view, ultimately of the Indian tribe with the per capita an- distance. In addition, according to counterproductive for all involved. nual income of citizens of the United States; GAO, several factors have limited and It is time for Congress to make this ‘‘(ii) the potential contribution of the entry at airports serving small- and common-sense clarification in the law. lands at issue as trust lands toward efforts of medium-sized communities in the East I urge my colleagues to join me in sup- the Indian tribe involved to achieve eco- and upper Midwest, including the domi- porting this legislation, and ask unani- nomic self-sufficiency. nance of routes to and from those air- mous consent that the text of the bill ‘‘(c) TREATMENT OF CERTAIN LANDS.—Sub- ports by one or two established air- appear in the RECORD. section (b) shall not apply— lines. The GAO concluded that oper- There being no objection, the bill was ‘‘(1) with respect to any lands that are ating barriers such as slot controls at taken by the Secretary of the Interior in the ordered to be printed in the RECORD, as name of the United States in trust, for the nearby hub airports, and incumbent follows: establishment of an initial reservation for an airlines marketing strategies’ have for- S. 1329 Indian tribe under applicable Federal law, tified those dominant positions. Be it enacted by the Senate and House of including the establishment of an initial res- The National Commission to Ensure Representatives of the United States of America ervation by the Secretary of the Interior in a Strong Competitive Airline Industry in Congress assembled, accordance with an applicable procedure of in 1993 recommended that the artificial SECTION 1. SHORT TITLE. acknowledgement of that Indian tribe, or as limits imposed by slots either be re- This Act may be cited as the ‘‘Indian Trust otherwise prescribed by an Act of Congress; moved or raised to the highest level Lands Reform Act of 1997’’. or ‘‘(2) to any lands restored to an Indian consistent with safety. The Depart- SEC. 2. PROHIBITION AGAINST TAKING CERTAIN tribe as the result of the restoration of rec- ment of Transportation subsequently LANDS IN TRUST FOR AN INDIAN conducted a study, in which it found TRIBE. ognition of that Indian tribe by the Federal Section 5 of the Act of June 18, 1934 (com- Government.’’. that eliminating slots would not affect monly known as the ‘‘Indian Reorganization safety and would result in increased Act of 1934’’) (48 Stat. 985; 25 U.S.C. 465) is By Mr. MCCAIN: competition. This bill, however, does amended— S. 1331. A bill to amend title 49, not suggest that we eliminate slots. (1) by striking the section designation and United States Code, to enhance domes- Mr. President, I would like to outline inserting immediately preceding the first tic aviation competition by providing what the Aviation Competition En- undesignated paragraph the following: for the auction of slots at slot-con- hancement Act of 1997 does: ‘‘SEC. 5. ACQUISITION OF LANDS.’’; trolled airports, and for other purposes; Slot auction: The legislation man- (2) in the first undesignated paragraph, by to the Committee on Commerce, dates a slot allocation among new en- striking ‘‘The Secretary of the Interior’’ and Science, and Transportation. trant and limited incumbent air car- inserting the following: THE AVIATION COMPETITION ENHANCEMENT ACT riers—air carriers that hold no more ‘‘(a) IN GENERAL.—Except as provided in OF 1997 subsection (b), the Secretary of the Inte- than 12 slots. The Secretary of Trans- rior’’; Mr. MCCAIN. Mr. President, I am portation is directed to create new (3) in the undesignated paragraph following pleased to introduce the Aviation Com- slots where possible, and allocate un- subsection (a), as redesignated, by striking petition Enhancement Act of 1997. This used slots. ‘‘For the’’ and inserting the following: bill seeks, in a modest and rational If it is not possible to create slots be- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— fashion, to deregulate further our do- cause of capacity and noise limita- For the’’; mestic aviation system, and to intro- tions, which are not affected by this (4) in the undesignated paragraph following duce additional competition in the air- bill, the Secretary must withdraw a subsection (d), as redesignated, by striking line industry for the benefit of trav- ‘‘The unexpended’’ and inserting the fol- limited number of slots—up to 10 per- lowing: elers and communities. cent initially, 5 percent every 2 years ‘‘(e) AVAILABILITY OF UNEXPENDED BAL- This legislation is intended to reduce following—that were grandfathered ANCES.—The unexpended’’; barriers to airline competition, includ- free-of-charge to the major air carriers (5) in the undesignated paragraph following ing those imposed by the government. in 1985 and that remain with those subsection (e), as redesignated, by striking Anticompetitive Federal restrictions grandfathered carriers. The DOT can- ‘‘Title to’’ and inserting the following: in particular—restrictions such as slot not withdraw slots that are used to ‘‘(f) EXEMPTION FROM TAXATION.—Title to’’; controls and the perimeter rule at Na- provide air service to under served and tional Airport—are barriers to com- (6) by inserting after subsection (a) the fol- markets. The withdrawn slots then will lowing: petition in a deregulated environment. be auctioned among only the new en- ‘‘(b) PROHIBITION.— The Department of Transportation trant and limited incumbent air car- ‘‘(1) IN GENERAL.—Except with respect to [DOT], in a report released on October riers. lands described in subsection (c), the Sec- 22, 1997, reiterated its 1990 study on do- The process for obtaining slots would retary of the Interior may not take, in the mestic competition, which dem- be as follows. A new entrant or limited name of the United States in trust, for use onstrated relatively high fares at net- incumbent air carrier would apply to for any commercial purpose (including gam- work hubs dominated by one major the DOT for slots, proposing the mar- ing, as that term is used in the Indian Gam- carrier. In an April 1996 study, the DOT ing Regulatory Act (25 U.S.C. 2701 et seq.)) by kets to be served and the times re- an economically self-sufficient Indian tribe, estimated that almost 40 percent of do- quested. The DOT must approve the ap- any land that is located outside of the res- mestic passengers traveled in markets plication if it determines that the car- ervation of that Indian tribe as of the date of with low-fare competition, saving con- rier can operate the proposed service enactment of the Indian Trust Lands Reform sumers an estimated $6.3 billion annu- for at least 180 days, and that the serv- Act of 1997. ally in airline fares. As the Department ice will improve the competitive envi- ‘‘(2) DETERMINATION OF ECONOMIC SELF-SUF- states in its most recent report, ronment. The DOT can return the re- FICIENCY.— ‘‘[i]ndeed, we concluded that virtually quest to the applicant for further infor- ‘‘(A) IN GENERAL.—The Secretary of the In- all of the domestic traffic growth and terior shall, after providing notice and an op- mation. portunity for public comment, determine declines in average fares in recent While service to any city is eligible whether an Indian tribe is economically self- years could be attributed to this grow- under this process, the DOT must sufficient for purposes of this subsection. ing form of competition.’’ prioritize applications that propose The Secretary of the Interior shall issue reg- The General Accounting Office [GAO] service between a high-density airport, ulations pursuant to section 553 of title 5, reported in October 1996 that barriers a slot-controlled airport—National, United States Code, to prescribe the criteria to market entry persist in the airline Kennedy, LaGuardia, and O’Hare, and a that shall be used to determine the economic industry, and that access to airports relatively small city. self-sufficiency of an Indian tribe under this continue to be impeded by, first, Fed- All slot auction proceeds would be subsection. ‘‘(B) CRITERIA.—The criteria described in eral limits on takeoff and landing slots deposited in the aviation trust fund. subparagraph (A) shall include— at the major airports in Chicago, New The legislation directs the DOT to in- ‘‘(i) a comparison of the per capita alloca- York, and Washington; second, long- stitute action to ensure maximum slot tion of the gross annual income of an Indian term exclusive-use gate leases; and usage, to tighten up the 80 percent use-

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11346 CONGRESSIONAL RECORD — SENATE October 29, 1997 or-lose provisions, and to study the ef- and competitive air fares for travelers. should do whatever is reasonable to en- fect of the high-density rule on airline It would not result in either increased hance competition. competition, and the impact of changes noise or diminished safety. I believe Airline competition has proven bene- to the rule on safety. that a service diversity and safety will ficial. Since the airline industry was Complaints concerning predatory be- be enhanced, as they always are in a deregulated, fares have fallen, and havior: The legislation establishes a 90- competitive regime. The incumbent service options have increased on aver- day deadline for the DOT to respond to carriers should not be afraid of com- age across all communities. The major complaints of predatory behavior on petition, or fear that their passengers carriers deserve credit for responding the part of major air carriers. will be taken away. This legislation well to competitive challenges. In addi- Exemptions to perimeter rule at Na- would result in more competition and tion, many of the benefits of deregula- tional Airport: The bill mandates that economical flights, which will allow tion can be attributed to the entry of the Secretary grant exemptions from more people to fly. so called low-fair airlines into the mar- the perimeter rule to an air carrier Most of my colleagues know that I ketplace. The low-fare airlines have in- proposing to serve Washington Na- would prefer to get rid of the perimeter creased competition, and have enabled tional from points beyond the perim- rule, as well as slot restrictions, in a more people to fly than ever before. Air eter, if the carrier’s proposal would, manner consistent with safety. My ef- traffic has grown as a result, and all first, provide service with network ben- forts to do so over the past decade, predictions are that it will continue to efits, and second, increase competition however, have encountered extreme re- grow steadily over the next several in multiple markets. The proposal stip- sistance. As a result, I have scaled years.. ulates that the Secretary should not back my original proposals signifi- Although competition exists, there approve applications that propose to cantly in an effort to address the con- are also barriers to airline competi- trade under served markets within the cerns of airlines and others who will tion. The bill that Senator MCCAIN has perimeter for long-haul markets that not let legislation of that magnitude introduced today would loosen some of are well served from the Washington pass. In turn, I ask that the protectors the anticompetitive Federal restric- region. of the status quo recognize my legiti- tions on the Nation’s aviation system. The legislation would not affect the mate concerns about competition, and These restrictions, such as slot con- cap on the number of hourly operations fair access for all travelers to airports trols and the perimeter rule at Na- at Washington National. The number that make up a national aviation sys- tional Airport, inhibit competition. As of flights at National would not in- tem, paid for by all taxpayers. I must a result, the benefits of deregulation crease. Commercial aircraft operations say that all I have heard thus far from have been limited in certain commu- at National Airport are limited to 37 my opponents is that there is no prob- nities. takeoffs and landings per hour. This re- lem. I understand that changing the sta- quirement stands independent of the I do not assert that this bill rep- tus quo by easing existing barriers is perimeter rule. In addition, strict noise resents a magical, painless solution. I difficult. Airline businesses and serv- restrictions currently in place at Na- do assert emphatically, however, that ices have evolved under these barriers. tional Airport would not be affected, it is modest in nature, and that it is Airlines, airports, communities, and nor would Federal Aviation Adminis- open to debate as the Congress moves consumers have all grown accustomed tration requirements ensuring that all forward on this and similar proposals. to these barriers. This should not pre- aircraft flying into National, regard- In the House of Representatives, Avia- vent us, however, from examining the less of the time of day, meet the most tion Subcommittee Chairman JIMMY adverse impacts of these barriers and stringent noise standards by the year DUNCAN intends to introduce an avia- exploring reasonable measures to re- 2000. tion competition bill. Representative move them. All exemption operations would be DUNCAN and I have worked together on I would also note that Senator limited to stage 3 aircraft. The legisla- a number of provisions, and will con- MCCAIN’s bill would require the Depart- tion would require the DOT to certify tinue to do so as we proceed. I com- ment of Transportation to respond to periodically that noise, air traffic con- mend him for his effort and foresight. I complaints of predatory behavior on gestion, airport-related vehicular con- can say the same for Senate Aviation the part of major airlines within 90 gestion, safety standards, and adequate Subcommittee Chairman GORTON, who days. There are numerous industry air service to communities within the has demonstrated exceptional interest practices that warrant close scrutiny. perimeter have not been degraded as a and leadership in this area. Take for example computer reservation result of this exemption authority. In addition, I understand that several systems. Airline travelers usually buy The fact is that changes in the pe- of my Commerce Committee col- tickets through travel agents, who al- rimeter rule to allow some measure of leagues, including Senators HOLLINGS most always use a Computer Reserva- flights outside the distance limit may and FORD, are working on their own tion System to determine what airline very well reduce noise at National, as competition proposals. I believe that fares are available, and to make book- carriers replace older, short-hop air- all of this activity is a clear indication ings. Each of the Computer Reserva- craft with newer, longer range aircraft that there is a problem with respect to tion Systems operating in the United that are quieter. The next generation domestic aviation competition. I look States is entirely or predominately of long-haul Boeing 737 aircraft, for in- forward to working with my colleagues owned by one or more airlines or air- stance, will offer increased range along in a bipartisan fashion on a solution. line affiliates. This certainly gives with significantly less noise. In addi- Mr. GORTON. Mr. President, I would these airlines and affiliates the ability tion, a number of flight deck improve- urge my colleagues to give their full to prejudice the competitive position ments represent safety features not attention and consideration to the of other airlines if not checked. Any found in the older aircraft. Aviation Competition Enhancement airline that believes it is being sub- As a means of derailing efforts to re- Act of 1997 that Senator MCCAIN has jected to predatory behavior deserves a form the perimeter rule, some have im- just introduced. I would also recognize timely response from the Department pugned my motives, suggesting that Senator MCCAIN for his tireless efforts of Transportation. my secret purpose is to convenience to address barriers to competition in Again, I would urge my colleagues to my own travel between Washington the airline industry, and to provide take time from their busy schedules to and Arizona. I find this charge weari- better air service for consumers. Sen- consider Senator MCCAIN’s bill, and to some and offensive. Even so, to allay ator MCCAIN has devoted much time to provide their thoughts and insights on these concerns, I have pledged not to consideration of this issue. this important matter. take a nonstop flight from Washington Compettion is a hallmark of our Na- National to Arizona should such an op- tion, and the benefits of competition By Mr. ENZI: portunity ever result from this legisla- are clear. Studies show time and again S. 1332. A bill to amend title 28, tion. that competition improves products United States Code, to recognize and This bill would result in more com- and services, and reduces costs to con- protect State efforts to improve envi- petition, with more convenient options sumers. When possible, the Congress ronmental mitigation and compliance

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11347 through the promotion of voluntary view its operations—that would be vol- assertions from our own State attorney environmental audits, including lim- untary. Without audit protection, that general that the law did not com- ited protection from discovery and lim- business would take on a big risk—a promise our enforcement authority. ited protection from penalties, and for risk big enough so that most small en- Wyoming’s scenario is not unique. other purposes; to the Committee on tities would never undertake a vol- Working with other States where this Environment and Public Works. untary audit. The risk is that once has happened has led me to offer this THE STATE ENVIRONMENTAL AUDIT PROTECTION they spend the money to review their piece of legislation. ACT activities, if they find a violation and The strange thing I find is that the Mr. ENZI. Mr. President, I rise today report it, they face both fines and EPA touts the value of audits. The con- to introduce the State Environmental cleanup expenses. Furthermore, if they cept has been trumpeted as part of Audit Protection Act. It is a bill that don’t report it, they risk criminal ac- their reinventing environmental regu- would improve environmental quality tivity by knowingly violating the law. lation initiative and a final policy on across this Nation by enlisting the vol- Faced with the liabilities, without an audits was released in early 1996. Ad- untary aid of people to seek out envi- audit law, most people would not vol- ministrator Carol Browner called it, ‘‘a ronmental problems and to correct vio- untarily police themselves. The risks policy that provides real incentives for lations using State environmental are too big. Folks choose instead to industry and others to voluntarily audit laws. This legislation would pro- just take their chances and wait for identify and correct environmental vide protection for those States that the inspectors. After all, inspectors violations.’’ have fully debated the issue and after only visit 2 percent of all regulated en- President Clinton in his 1995 State of the debate, have chosen to enact ag- tities anyway. Just 2 percent, Mr. the Union Address, stressed the need gressive and proactive environmental President. for more common sense and fairness in audit laws. How do we encourage the other 98 our environmental regulations. He rec- First, I would like to explain briefly percent to really think about their en- ognized the limitations of the com- what an audit law is and how it works. vironmental performance? mand and control approach. He stated State legislatures have chosen to enact Audit laws recognize good-faith ef- that ‘‘Washington is not the source of many different kinds of audit laws with forts to improve environmental com- all answers and that we should shift varying levels of incentives. It is im- pliance. They encourage people to look more decision-making authority from portant to note that audit laws are not for problems and know with assurance the Federal Government to States, all the same. This concept is appar- that they won’t be penalized for their tribes and local communities.’’ ently lost on those who try to mis- efforts. Apparently the EPA feels the States characterize every audit law in the Today, Mr. President, 24 States have are not ready to handle audits. Appar- most sinister and fearful terms. It is enacted some form of audit law; 16 ently, Mr. President, State attorneys important that we recognize the dif- more have legislation pending. These general are unable to verify with cer- ference. laws have been on the books for several tainty that audit laws are reasonable. The purpose of audit laws are to pro- years in some States and I would point In its own astonishing way—and in vide incentives for regulated entities out—you don’t see the examples of seeming contradiction to its own objec- to search for and disclose environ- abuses that many claimed would occur tives—the EPA remains opposed to mental violations and to clean them up during the State legislative debates. State efforts to reinvent command and at their own expense. Entities cover all Wyoming is one of the States that control through the use of audits. kinds of groups with operations that has passed an audit law. I was the The problem with EPA’s audit policy may have an effect on the environ- prime sponsor in that process during is that ordinary people do not want to ment, such as businesses, schools, hos- my time in the Wyoming State Senate. use it. Big business will agree to nego- pitals, towns, and counties. The incen- I studied examples and results from tiate with the EPA. They will enter tives can range from relief from pen- other States that had gone through the into cooperative agreements and con- alties to protection of voluntarily process. I worked closely with our sent agreements because they have en- gathered information. The incentives State Department of Environmental tire departments of environmental liti- usually require full disclosure and due Quality and with members of the regu- gators. diligence in correcting violations. lated community. I worked with var- Small businesses don’t have that. When there is protection of informa- ious resource and conservation groups They don’t trust the EPA. They see the tion, some States simply agree not to in Wyoming and we crafted a bill that EPA Office of Compliance Assistance inspect based on disclosure of an audit, provides very reasonable incentives for trying to help them out, while Crimi- others go further by allowing that cer- people to review their operations and nal Enforcement across the hall is con- tain documents will not be used clean up the problems they find. We cocting ways to put them in jail—and against the entity in enforcement ac- provided no criminal immunity or boy would those offices love to work tions. criminal privilege. We deferred to Fed- together. The EPA has little account- It is important to keep in mind when eral laws wherever conflicts existed. ability to folks at home. It is just too considering protection of documents There was a consensus. The bill made unpredictable. That is why people need that audits are conducted in good it out of committee unanimously and statutory protection before they will faith. By definition, any information then passed the House and the Senate take on the potential liability of au- that is compiled is voluntary and as by more than a two-thirds majority. dits. such is above and beyond what is oth- We had a vigorous debate in Wyo- I would like to take a minute to ex- erwise required by law. Following from ming. In the end, after all the public plain my approach to the issue. The that, any disclosures are a net gain deliberation, we passed a reasonable legislation I am introducing would pro- above traditional enforcement. bill. But it was a consensus of the leg- vide a safe-harbor for State laws that Consider for a moment, Mr. Presi- islators elected by the people of Wyo- fit within certain limits. It would not dent, the decisions a small business ming. When I got to Washington, sev- give any authority to any State unless faces with regard to its environmental eral States were meeting with the they go through the full legislative performance. Many small businesses EPA. The EPA was using threats of process, including all of the local dis- are already required to monitor and re- overfiling and delayed approval of cussion and debate that entails. That is port certain emissions and audit pro- State enforcement programs. Over- a critical part of this process and some- tections do not cover those reports. filing means the EPA could use a docu- thing we should recognize. The bound- But consider a business that is not on ment done at extra expense and expo- aries of the safe-harbor we create an inspection schedule and has no re- sure to a company in order to be sure would describe what State laws may quired emissions reporting. If that en- there was no harm to the environment, provide: tity wants to review its performance only to find the EPA could use those Limited protection from discovery under environmental laws, it would documents as a road map for levying for audit information—but only infor- have to conduct a study. It would have fines. The EPA wanted us to change mation that is not required to be gath- to pay an auditor to come in and re- the Wyoming law—in spite of repeated ered. All legal reporting requirements

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Note, the protection will and power. lated entities; not cover criminal actions, and the law Shortly after promoting its own (5) the protections offered by the amend- must preserve the ability of regulators audit policy as a reinvention of regula- ments made by this Act do not relieve regu- to halt activities that pose imminent tion, the EPA was quick to remind lated entities from the need to comply with danger to public health. that State audit laws ‘‘would cause en- otherwise applicable requirements to dis- Third, if a State law falls within the vironmental programs delegated to close information under Federal, State, or safe-harbor, the EPA would be prohib- local environmental laws; and states * * * to revert to national con- (6)(A) law and regulatory policies provide ited from withholding State enforce- trol at EPA.’’ Since then, they have ample precedent for the constructive use of ment authority or overfiling against used their leverage to compel States to voluntary audits; individuals simply because of the modify laws in accordance with the (B) the final policy on the use of environ- State’s audit law. will of EPA guidelines. mental audits (60 Fed. Reg. 66706) issued by Last, the bill would require an an- This absolute circumvention of the the Administrator of the Environmental nual State performance report that democratic process is astonishing to Protection Agency— will help measure the success of dif- me. As a former State legislator, I (i) provides incentives for conducting au- ferent laws, so we can see what works dits; and think it is a tragedy that the EPA is (ii) includes limited protection from dis- and what doesn’t. denying States the chance to test rea- covery and disclosure of audit information I want to point out that this legisla- sonable and innovative solutions to a and discretionary relief from an enforcement tion will not dilute enforcement. There cleaner environment. Instead of pro- action for voluntary disclosure of violations; are safeguards to ensure that State moting reinvention, the EPA is perpet- (C) Advisory Circular 120–56, issued by the audit laws always act to supplement— uating an environmental race to medi- Administrator of the Federal Aviation Ad- not to supplant—existing enforcement. ocrity. ministration, commits to a policy of cooper- It is important to note that. Audits are Some of the people listening may ative problem-solving and use of self-evalua- an affirmative tool. Used properly, wonder how Wyoming’s audit law has tion incentives as a means of enhancing they can only be used to improve envi- aviation safety in the commercial airline in- fared. Well, Mr. President, I am proud dustry; and ronmental conditions above the status to report that after repeated delays (D) the Equal Credit Opportunity Act (15 quo. They do not protect any entity from the EPA on our title 5 clean air U.S.C. 1691 et seq.) provides discovery protec- from regular inspection or monitoring. permits, and after threats to withdraw tion for information developed by creditors The principle of audit incentives is delegation of other programs—the EPA as a result of self-tests that are voluntarily simple and reasonable. It is no surprise has finally decided that statutory conducted to determine the level of compli- to me that nearly half of our States changes may not be necessary in Wyo- ance with that Act. have chosen to enact some form of ming’s law, even though there remain SEC. 3. VOLUNTARY AUDIT PROTECTION. audit legislation. It is a positive tool (a) IN GENERAL.—Part VI of title 28, United problems to be worked out. States Code, is amended by inserting after that helps people understand and com- At least, Mr. President, that’s what chapter 176 the following: ply with environmental laws. It gives they tell us today. They just might ‘‘CHAPTER 177—VOLUNTARY AUDIT people a chance to ask questions with- change their minds tomorrow. It is no PROTECTION out being penalized. It gives them the wonder that Wyomingites are afraid to ‘‘Sec. chance to figure out what they are use our State audit law. ‘‘3601. Recognition of State efforts to provide doing wrong and fix it—without adding I feel it is time we put this issue to voluntary environmental audit steep penalties to the cost of compli- rest by defining a ‘‘safe-harbor’’ and incentives. ance. This bill will put into law meth- giving State laws the certainty they ‘‘3602. Performance Report. ‘‘3603. Definitions. ods that have been tested and work. need to be effective. I would encourage Mr. President, small business owners ‘‘§ 3601. Recognition of State efforts to pro- Members to take a look at this bill and vide voluntary environmental audit incen- don’t take time to read the layer after to support it. tives layer of byzantine regulations con- Mr. President, I ask unanimous con- ‘‘(a) VOLUNTARY ENVIRONMENTAL AUDIT IN- structed by Washington lawyers. I sent that the text of the bill be printed CENTIVE LAWS.— know because my wife and I were small in the RECORD. ‘‘(1) LIMITED PROTECTION FROM DIS- business owners for 26 years. In a small There being no objection, the bill was COVERY.— business, the owner is the same one ordered to be printed in the RECORD, as ‘‘(A) IN GENERAL.—Except as provided in who counts the change, helps the cus- follows: subparagraph (C), a State law may provide that a voluntary environmental audit report, tomers and vacuums the floor. S. 1332 He or she has to stay in business, or a finding, opinion, or other communica- Be it enacted by the Senate and House of Rep- tion related to and constituting part of a make payroll, and keep up with con- resentatives of the United States of America in voluntary environmental audit report, shall stantly evolving mandates from a Congress assembled, not be— never-ending supply of Federal attor- SECTION 1. SHORT TITLE. ‘‘(i) subject to discovery or any other in- neys. And while the small business This Act may be cited as the ‘‘State Envi- vestigatory procedure governed by Federal, owner has many jobs, these attorneys ronmental Audit Protection Act’’. State, or local law; or have only one job, to create and modify SEC. 2. FINDINGS ‘‘(ii) admissible as evidence in any Federal, mandates and to investigate citizens. Congress finds that— State, or local judicial action or administra- There are over 17,000 employees at the (1) consistent with the purpose of vol- tive proceeding. untary environmental audits of enhancing ‘‘(B) TESTIMONY.—Except as provided in EPA and now, in spite of the rhetoric United States environmental mitigation ef- subparagraph (C), a State law may provide about reinventing regulations, they forts, it is in the interest of the United that an entity, or an individual who per- want funds for another 200 enforcement States to allow and encourage States to forms a voluntary environmental audit on police. enact and implement such incentive pro- behalf of the entity, shall not be required to We don’t need more police to improve grams as are consistent with the specific and give testimony in any Federal, State, or environmental compliance—we need respective needs and situations of the States; local judicial action or administrative pro- translators to interpret the regula- (2) State environmental incentive laws ceeding concerning the voluntary environ- tions. should be allowed and encouraged by the mental audit. But the fact is, the heavy-handed, Federal government as a means of enabling ‘‘(C) INFORMATION NOT SUBJECT TO PROTEC- regulated entities to set minimum require- TION.—The protections described in subpara- command and control approach works ments in environmental mitigation efforts graphs (A) and (B) shall not apply to any in- well for the EPA—especially in Wash- by the entities; formation that is otherwise required to be ington. Here I am beginning to see the (3) a strong regulatory enforcement effort disclosed under a Federal, State, or local process by which they protect and ex- is necessary to ensure compliance with Fed- law.

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‘‘(2) LIMITED PROTECTION FOR DISCLOSURE.— ‘‘(1) COVERED FEDERAL LAW.— ‘‘(B) assignment of overall responsibility ‘‘(A) IN GENERAL.—Except as provided in ‘‘(A) IN GENERAL.—The term ‘covered Fed- for overseeing compliance with policies, subparagraph (B), a State law may provide eral law’ means— standards, and procedures, and assignment of that an entity that promptly discloses infor- ‘‘(i) the Federal Insecticide, Fungicide, and specific responsibility for ensuring compli- mation about noncompliance with a covered Rodenticide Act (7 U.S.C. 136 et seq.); ance at each facility or operation; Federal law, that is discovered as a result of ‘‘(ii) the Toxic Substances Control Act (15 ‘‘(C) a mechanism for systematically en- a voluntary environmental audit or through U.S.C. 2601 et seq.); suring that compliance policies, standards, a compliance management system, to an ap- ‘‘(iii) the Federal Water Pollution Control and procedures are being carried out, includ- propriate Federal, State, or local official Act (commonly known as the ‘Clean Water ing— may be protected, in whole or in part, from Act’) (33 U.S.C. 1251 et seq.); ‘‘(i) a monitoring or auditing system that an enforcement action in a Federal, State, or ‘‘(iv) the Oil Pollution Act of 1990 (33 is reasonably designed to detect and correct local judicial or administrative proceeding. U.S.C. 2701 et seq.); a violation; and ‘‘(B) DISCLOSURE NOT SUBJECT TO PROTEC- ‘‘(v) the Safe Drinking Water Act (42 U.S.C. ‘‘(ii) a means for an employee or agent to TION.—A State law described in subparagraph 300f et seq.); report a violation of an environmental re- (A) shall not apply to noncompliance with a ‘‘(vi) the Noise Control Act of 1972 (42 quirement without fear of retaliation; covered Federal law that is— U.S.C. 4901 et seq.); ‘‘(D) an effort to communicate effectively ‘‘(i) not discovered voluntarily; or ‘‘(vii) the Solid Waste Disposal Act (42 the standards and procedures of the person ‘‘(ii) the result of a willful and knowing U.S.C. 6901 et seq.); or government entity to employees and agents of the person or government entity; violation or gross negligence by the entity ‘‘(viii) the Clean Air Act (42 U.S.C. 7401 et ‘‘(E) an appropriate incentive to managers disclosing the information. seq.); and employees of the person or government ‘‘(b) PROHIBITED FEDERAL ACTIVITIES.—A ‘‘(ix) the Comprehensive Environmental entity to perform in accordance with any Federal agency shall not— Response, Compensation, and Liability Act compliance policy or procedure of the person ‘‘(1) refuse to delegate enforcement author- of 1980 (42 U.S.C. 9601 et seq.); or government entity, including consistent ity under a covered Federal law to a State or ‘‘(x) the Emergency Planning and Commu- enforcement through an appropriate discipli- local agency or refuse to approve or author- nity Right-To-Know Act of 1986 (42 U.S.C. nary mechanism; and ize a State or local program under a covered 11001 et seq.); Federal law because the State has in effect a ‘‘(F) a procedure for— ‘‘(xi) the Pollution Prevention Act of 1990 ‘‘(i) the prompt and appropriate correction voluntary environmental audit incentive (42 U.S.C. 13101 et seq.); law; of any violation of law; and ‘‘(xii) the Endangered Species Act of 1973 ‘‘(ii) making any necessary modifications ‘‘(2) make a permit, license, or other au- (16 U.S.C. 1531 et seq.); thorization, a contract, or a consent decree to the standards or procedures of the person ‘‘(xiii) chapter 51 of title 49, United States or government entity to prevent future vio- or other settlement agreement contingent on Code; a person waiving any protection under a lations of law. ‘‘(xiv) section 13 or 16 of the Act entitled ‘‘(5) FEDERAL AGENCY.— State voluntary environmental audit incen- ‘An Act making appropriations for the con- tive law; or ‘‘(A) IN GENERAL.—The term ‘Federal agen- struction, repair, and preservation of certain cy’ has the meaning given the term ‘agency’ ‘‘(3) take any other action that has the ef- public works on rivers and harbors, and for fect of requiring a State to rescind or limit in section 551 of title 5, United States Code. other purposes’, approved March 3, 1899 (com- ‘‘(B) INCLUSIONS.—The term ‘Federal agen- any protection of a State voluntary environ- monly known as the ‘River and Harbor Act mental audit incentive law. cy’ includes any agency or instrumentality of 1899’) (33 U.S.C. 407, 411); of an Indian Tribe with authority to admin- ‘‘§ 3602. Performance report ‘‘(xv) the Surface Mining Control and Rec- ister or enforce a covered Federal law. ‘‘(a) IN GENERAL.—Section 3601 shall not lamation Act of 1977 (30 U.S.C. 1201 et seq.); ‘‘(6) REGULATED ENTITY.— apply to a State voluntary environmental and ‘‘(A) IN GENERAL.—The term ‘regulated en- audit incentive law unless the appropriate ‘‘(xvi) any other law enacted after the date tity’ means a person regulated under a cov- State agency compiles and submits to appro- of enactment of this chapter that addresses ered Federal law, including an officer, agent, priate Federal agencies an annual report in subject matter similar to a law listed in or employee of the person. accordance with this section on the perform- clauses (i) through (xv). ‘‘(B) EXCLUSIONS.—The term ‘regulated en- ance of the State voluntary environmental ‘‘(B) INCLUSIONS.—The term ‘covered Fed- tity’ does not include an entity owned or op- audit incentive law during the previous cal- eral law’ includes— erated by a Federal or State agency. endar year. ‘‘(i) a regulation or other binding agency ‘‘(7) STATE AGENCY.—The term ‘State agen- ‘‘(b) PROVISIONS OF REPORT.—The perform- action issued under a law referred to in sub- cy’ means an agency or instrumentality of ance report shall include— paragraph (A); the executive branch of a State or local gov- ‘‘(1) the number of noncompliance disclo- ‘‘(ii) the terms and conditions of a permit ernment with the authority to administer or sures that were received by the State pursu- issued or other administrative action taken enforce any covered Federal law, including ant to the State voluntary environmental under a law referred to in subparagraph (A); an agency or instrumentality of 2 or more audit incentive law, with an indication of and States or local governments, whether or not the noncompliance disclosures that were ‘‘(iii) a State law that operates as a feder- the localities are in different States. made by— ally enforceable law under a law referred to ‘‘(8) VOLUNTARY ENVIRONMENTAL AUDIT.— ‘‘(A) regulated entities that are normally in subparagraph (A) as a result of the delega- The term ‘voluntary environmental audit’ inspected; and tion, approval, or authorization of a State means an assessment, audit, investigation, ‘‘(B) regulated entities that are not on in- activity or program. or review that is— spection schedules; ‘‘(2) ENFORCEMENT ACTION.— ‘‘(A) initiated voluntarily by a regulated ‘‘(2) the categories and sizes of regulated ‘‘(A) IN GENERAL.—The term ‘enforcement entity, including an officer, agent, or em- entities that disclosed noncompliance prob- action’ means a civil or administrative ac- ployee of a regulated entity, but not includ- lems pursuant to the State voluntary envi- tion undertaken for the purpose of imposing ing a regulated entity owned or operated by ronmental audit incentive law and a descrip- a penalty or any other punitive sanction, in- a State or Federal agency; tion of the noncompliance problems that cluding imposition of a restriction on pro- ‘‘(B) carried out by an employee of the per- were disclosed; viding to or receiving from the United States son, or a consultant employed by the person, ‘‘(3) the status of remediation undertaken or any State or political subdivision a good, for the purpose of carrying out the assess- by regulated entities in the State to correct material, service, grant, license, permit, or ment, evaluation, investigation, or review; noncompliance problems that were disclosed other approval or benefit. and pursuant to the State voluntary environ- ‘‘(B) EXCLUSION.—The term ‘enforcement ‘‘(C) carried out in good faith for the pur- mental audit incentive law; and action’ does not include an action solely for pose of determining or improving compliance ‘‘(4) a certification from the State attorney the purpose of seeking injunctive relief to with, or liability under, a covered Federal general that the State maintains the nec- remedy a continuing adverse public health or law, or to assess the effectiveness of an envi- essary regulatory authority to carry out ad- environmental effect of a violation. ronmental compliance management system. ministration and enforcement of delegated ‘‘(4) ENVIRONMENTAL COMPLIANCE MANAGE- ‘‘(9) VOLUNTARY ENVIRONMENTAL AUDIT RE- programs in light of the State voluntary en- MENT SYSTEM.—The term ‘environmental PORT.— vironmental audit incentive law. compliance management system’ means the ‘‘(A) IN GENERAL.—The term ‘voluntary en- ‘‘(c) ADDITIONAL INFORMATION.—In addition systematic effort of a person or government vironmental audit report’ means a document to the information required under subsection entity, appropriate to the size and nature of prepared as a result of a voluntary environ- (b), the State agency may include additional the person or government entity, to prevent, mental audit. information in the annual performance re- detect, and correct a violation of a covered ‘‘(B) INCLUSIONS.—The term ‘voluntary en- port that the State agency considers impor- Federal law through— vironmental audit report’ includes— tant to demonstrate the performance of a ‘‘(A) a compliance policy, standard, or pro- ‘‘(i) a field note, draft, memorandum, draw- State voluntary environmental audit law. cedure that identifies how an employee or ing, photograph, computer software, stored ‘‘§ 3603. Definitions agent shall meet the requirements of the or electronically recorded information, map, ‘‘In this chapter: law; chart, graph, survey, analysis (including a

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11350 CONGRESSIONAL RECORD — SENATE October 29, 1997 laboratory result, instrument reading, or demands which the larger and less-vis- project to evaluate the feasibility of field analysis), and other information per- ited parks can more easily attain. To using the Federal Employees Health taining to an observation, finding, opinion, compound the problems associated Benefits Program [FEHBP] to ensure suggestion, or conclusion, if the information with heavy use and popularity, the the availability of adequate health is collected or developed for the primary pur- pose and in the course of creating a vol- park is prohibited from collecting an care for Medicare-eligible beneficiaries untary environmental audit; entrance fee of any kind. It is the only under the military health care system. ‘‘(ii) a document prepared by an auditor or national park with such a prohibition, Current trends, such as base closures, evaluator, which may describe the scope of thus limiting its access to valuable, in- the downsizing of military treatment the evaluation, the information learned, any ternally generated resources which facilities, and the introduction of conclusions or recommendations, and any supplement the budgets of other parks. TRICARE, have all hindered access to exhibits or appendices; The result is that the Smokies has health care services for military retir- ‘‘(iii) an analysis of all or part of a vol- great difficulty in meeting the infra- ees aged 65 and over. In theory, Medi- untary environmental audit or issues arising from the audit; and structure and maintenance needs gen- care-eligible retirees can receive health ‘‘(iv) an implementation plan or tracking erated by its 9 million yearly visitors. care services at military treatment fa- system that addresses an action taken or to In the 104th Congress we began a pro- cilities on a space available basis; how- be taken by the owner or operator of a facil- gram which allowed individual parks to ever, active duty and their dependents ity as a result of a voluntary environmental keep for their internal use up to 80 per- have priority. audit.’’. cent of the user fees collected above Therefore, in reality, space is rarely (b) CONFORMING AMENDMENT.—The table of and beyond the level of fees collected available—resulting in military retir- chapters of part VI of title 28, United States in 1994. My bill will allow the park to ees being locked out of the Department Code, is amended by inserting after the item relating to chapter 176 the following: retain 100 percent of that amount. of Defense’s [DOD] health care delivery system. And because of their consid- ‘‘177. Voluntary Audit Protection ...... 3601’’. While this change is modest, it is one way to begin to address the deficit in ered secondary status, many retirees SEC. 4. ASSISTANCE FROM SMALL BUSINESS DE- are forced to travel great distances to VELOPMENT CENTERS. which the Smokies operates every Section 21(c)(3) of the Small Business Act year, and assist in sustaining the very receive even the minimum of care. (15 U.S.C. 648(c)(3)) is amended— attractions which serve to make it our Further, when compared to what (1) in subparagraph (Q), by striking ‘‘and’’ most popular national park. other Federal and private sector retir- at the end; In 1910, Teddy Roosevelt said, ‘‘A na- ees receive in terms of health care op- (2) in subparagraph (R), by striking the pe- tion behaves well if it treats its nat- tions, it is easy to note that the cur- riod at the end and inserting ‘‘; and’’; and ural resources as assets which it must rent health care choices for military (3) by adding at the end the following: turn over to the next generation in- retirees are woefully inadequate and ‘‘(S) assisting small businesses in com- downright inexcusable. plying with the requirements necessary to creased, and not impaired, in value.’’ receive protections provided by any applica- Roosevelt was the first proponent of This measure will rectify the in- ble State voluntary environmental audit in- what has clearly become a fundamental equity of the current system and take centive law.’’. tenet of the preservation of the Great the guesswork out of the financial via- Smoky Mountains National Park. Mr. bility of an FEHBP option for military By Mr. FRIST: President, we owe it to the future gen- retirees. S. 1333. A bill to amend the Land and erations of Americans to allow this in- Scheduled for no more than 3 years, Water Conservation Fund Act of 1965 to valuable national treasure to benefit the FEHBP pilot program would be allow national park units that cannot from its own popularity and accessi- tested at two different sites. One site charge an entrance or admission fee to bility and to keep more of the revenues will be within a military treatment fa- retain other fees and charges; to the from its fees. We can thus help ensure cility catchment area and the other in Committee on Energy and Natural Re- that it will continue to offer the serv- a noncatchment area. Up to 50,000 sources. ices and facilities so many millions of Medicare-eligible military retirees will THE LAND AND WATER CONSERVATION FUND ACT families enjoy and will help guard one be able to participate in the dem- AMENDMENT ACT OF 1997 of our Nation’s most precious legacies. onstration, with each site capped at Mr. FRIST. Mr. President, I rise 25,000 retirees. today to introduce a measure which By Mr. BOND (for himself, Mr. Mr. President, this legislation rep- will help preserve one of our greatest SHELBY, Mr. WARNER, Mr. REID, resents an active step toward honoring national treasures and maintain one of Mr. JOHNSON, Mr. HOLLINGS, Mr. our Nation’s obligation to those mili- the most significant contributors to HUTCHINSON, Mr. MACK, Mrs. tary retirees who faithfully and self- the economy of east Tennessee. The MURRAY, Mr. ASHCROFT, Mr. lessly served our country in times of Great Smoky Mountains National Park CRAIG, Mr. BUMPERS, Mr. war and in times of peace. Further- is by far our Nation’s most visited na- LEAHY, Ms. COLLINS, Mr. SES- more, this measure will provide retir- tional park, both because of its strik- SIONS, Mr. ALLARD, Mr. BAUCUS, ees more dependable, consistent, and ing beauty, wildlife, and recreational and Mrs. FEINSTEIN): affordable care while simultaneously opportunities, and for the fact that it S. 1334. A bill to amend title 10, applying equitable standards of health is within a day’s drive of half of the United States Code, to establish a dem- care for all Federal retirees. population of the United States. onstration project to evaluate the fea- I look forward to working with my I have often escaped to the Great sibility of using the Federal Employees colleagues on this bipartisan piece of Smoky Mountains National Park for Health Benefits program to ensure the legislation. hiking, camping, and enjoying the availablity of adequate health care for Mr. SHELBY. Mr. President, accord- great outdoors with my three sons. I Medicare-eligible beneficiaries under ing to the latest statistics, Alabama is have witnessed the splendor of the the military health care system; to the home to 47,011 military retirees. We turning leaves in the fall, and the glory Committee on Armed Services. have the eight largest population of re- and renewal that springtime brings to FEHBP DEMONSTRATION FOR MILITARY tired service personnel in the Nation. the Smokies. Spending time in the RETIREES LEGISLATION Senator BOND highlighted the many Smokies allows my family and millions Mr. BOND. Mr. President, I rise changes in DOD’s health care system of other families to reconnect with na- today to introduce a measure on behalf that are limiting access to health care ture and to refocus on the fundamental of myself, Mr. SHELBY, Mr. WARNER, for military retirees aged 65 and above. strengths of what really holds us to- Mr. REID of Nevada, Mr. JOHNSON, Mr. I would like to briefly explain how gether as a family. HOLLINGS, Mr. HUTCHINSON, Mr. MACK, these general trends are affecting the While the Great Smoky Mountains Mrs. MURRAY, Mr. ASHCROFT, Mr. 47,011 military retirees in my State. National Park plays such a valuable CRAIG, Mr. BUMPERS, Mr. LEAHY, Mrs. The 1995 BRAC slated Fort McClellan role in the lives of so many American COLLINS, Mr. SESSIONS, Mr. ALLARD, for closure by 1999. When that base families, it is also a park that strains Mr. BAUCUS, and Mrs. FEINSTEIN. closes, Noble Army Hospital will be under the burdens of heavy use. Infra- This vital, bipartisan legislation forced to close as well. The emergency structure and services struggle to meet would establish a demonstration room at Lyster Army Hospital at Fort

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11351 Rucker is being closed. At all of the density tests, up to 40 percent of John Andre Chalot for relief under the military treatment facilities, space- women with low bone mass could be Agreement Between the Government of the available is becoming unavailable. In missed. United States and the Government of the addition to these physical changes, Unfortunately, Federal Employee Federal Republic of Germany Concerning Final Benefits to Certain United States Na- TRICARE came on line in region 4, and Health Benefits Program [FEHBP] cov- tionals Who Were Victims of National So- Alabama now is experiencing excessive erage of bone density tests is incon- cialist Measures of Persecution, signed at delays in receiving reimbursement pay- sistent. Instead of a comprehensive na- Bonn on September 19, 1995, John Andre ments and other well-known problems tional coverage policy, FEHBP leaves Chalot is deemed to be a naturalized citizen associated with TRICARE. Many pri- it to each of the over 400 participating of the United States as of September 3, 1943. vate physicians who provided CAMPUS plans to decide who is eligible to re- are leaving the DOD health care, which ceive a bone mass measurement and By Mr. DURBIN: I believe is unacceptable and irrespon- what constitutes medical necessity. A S. 1340. A bill entitled the ‘‘Tele- sible. survey of the 19 top plans participating phone Consumer Fraud Protection Act Despite extended service and sac- in FEHBP indicated that many plans of 1997.’’; to the Committee on the Ju- rifice, retired service members are the have no specific rules to guide reim- diciary. only Federal employees who will lose bursement and cover the tests on a THE TELEPHONE CONSUMER FRAUD PROTECTION their government-sponsored health in- case-by-case basis. Several plans refuse ACT OF 1997 surance when they become eligible for to provide consumers with information Mr. DURBIN. Mr. President, I rise Medicare. This bill takes a modest step indicating when the plan covers the today to introduce the Telephone Con- forward to insuring that military retir- test and when it does not. Some plans sumer Fraud Criminal Penalties Act of ees receive at least as much as Mem- cover the test only for people who al- 1997. This measure will finally allow us bers of Congress or retired Federal em- ready have osteoporosis. ployees. Military retirees have dedi- Mr. President, we owe the people who to strike back against ‘‘slamming,’’ the cated their lives to protecting our Na- serve our Government more than that. practice of changing a telephone cus- tion; we owe it to them to pave the That is why my legislation standard- tomer’s long-distance carrier without way for health care equity. izes coverage for bone mass measure- the customer’s knowledge or consent. I thank Senator BOND for his leader- ment under the FEHBP. I urge my col- Slamming is the Federal Commu- ship in introducing this legislation. I leagues to support this legislation, in nications Commission’s largest source urge my colleagues to cosponsor this order to help prevent the 1.5 million of consumer complaints. In 1995 and bipartisan bill. fractures caused annually by 1996, more than one-third of the con- osteoporosis. sumer complaints filed with the FCC’s Ms. SNOWE: Common Carrier Bureau involved slam- S. 1335. A bill to amend title 5, By Mr. GRAHAM: ming. Last year 16,000 long-distance United States Code, to ensure that cov- S. 1336. A bill for the relief of Roy telephone consumers filed slamming erage of bone mass measurements is Desmond Moser; to the Committee on complaints with the FCC. Since 1994, provided under the health benefits pro- the Judiciary. the number of slamming complaints gram for Federal employees; to the S. 1337. A bill for the relief of John has tripled. Yet, this is only the tip of Committee on Governmental Affairs. Andre Chalot; to the Committee on the the iceberg— the Los Angeles Times re- THE HEALTH BENEFITS STANDARDIZATION ACT Judiciary. ports that more than 1 million Amer- Ms. SNOWE. Mr. President, I rise PRIVATE RELIEF LEGISLATION ican telephone consumers have been today to introduce legislation des- Mr. GRAHAM. Madam President, I slammed in the last 2 years. ignated to standardize coverage for ask unanimous consent that the text of In my home State of Illinois slam- bone mass measurement for people at the two bills be printed in the RECORD. ming was the No. 1 source of consumer risk for osteoporosis under the Federal There being no objection, the bills complaints to the attorney general’s Employee Health Benefits Program. were ordered to be printed in the office in 1995, and the No. 2 source of This legislation is similar to my bill RECORD, as follows: complaints in 1996. Slamming is obvi- which was enacted as part of the Bal- S. 1336 ously a serious problem that must be anced Budget Act to standardize cov- Be it enacted by the Senate and House of Rep- stopped. erage of bone mass measurement under resentatives of the United States of America in Slamming is not merely an inconven- Medicare. The bill I introduce today Congress assembled, ience or a nuisance. It is an act of guarantees the same uniformity of cov- SECTION 1. MODIFICATION OF EFFECTIVE DATE fraud that costs long-distance tele- erage to Federal employees and retir- OF NATURALIZATION OF ROY phone consumers millions of dollars a ees as Congress provided to Medicare DESMOND MOSER. Notwithstanding title III of the Immigra- year and robs them of the right to con- beneficiaries only a few months ago. tract. The Telephone Consumer Fraud Osteoporosis is a major public health tion and Nationality Act, any predecessor provisions to such title, or any other provi- Criminal Penalties Act will now ensure problem affecting 28 million Ameri- sion of law relating to naturalization, for that slammers are held accountable for cans, who either have the disease or purposes of determining the eligibility of their fraudulent acts. are at risk due to low bone mass; 80 Roy Desmond Moser for relief under the My measure will help stamp out percent of its victims are women. The Agreement Between the Government of the disease causes 1.5 million fractures an- United States and the Government of the slamming in two ways: nually at a cost of $13.8 billion—$38 Federal Republic of Germany Concerning First, the Telephone Consumer Fraud million per day—in direct medical ex- Final Benefits to Certain United States Na- Criminal Penalties Act creates crimi- penses. In their lifetime, one in two tionals Who Were Victims of National So- nal fines and jail time for repeat and cialist Measures of Persecution, signed at women and one in eight men over the willful slammers. Slamming takes Bonn on September 19, 1995, Roy Desmond choices away from consumers without age of 50 will fracture a bone due to Moser is deemed to be a naturalized citizen osteoporosis. A woman’s risk of a hip of the United States as of August 8, 1942. their knowledge and distorts the long fracture is equal to her combined risk distance competitive market by re- of contracting breast, uterine, and S. 1337 warding companies that engage in ovarian cancer. Be it enacted by the Senate and House of Rep- fraud and misleading marketing prac- Osteoporosis is largely preventable resentatives of the United States of America in tices. This measure’s criminal pen- and thousands of fractures could be Congress assembled, alties will guarantee that slammers avoided if low bone mass were detected SECTION 1. MODIFICATION OF EFFECTIVE DATE can no longer act with impunity. early and treated. We now have drugs OF NATURALIZATION OF JOHN Second, the Telephone Consumer that promise to reduce fractures by 50 ANDRE CHALOT. Fraud Criminal Penalties Act charges Notwithstanding title III of the Immigra- percent. However, identification of risk tion and Nationality Act, any predecessor the Attorney General with the duty of factors alone cannot predict how much provisions to such title, or any other provi- conducting a study on the fraudulent bone a person has and how strong bone sion of law relating to naturalization, for and criminal behavior of telecommuni- is. Experts estimate that without bone purposes of determining the eligibility of cations carriers and their agents in the

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11352 CONGRESSIONAL RECORD — SENATE October 29, 1997 solicitation, marketing, and assign- as a result of the construction and op- tentious project with open minds. It is ment of telecommunication services. eration of the Pick-Sloan Missouri significant that Senator JOHNSON is a The Attorney General’s study will ex- River Basin program in the State of cosponsor of this bill and that Rep- amine the fraudulent methods by South Dakota, and for other purposes; resentative THUNE will introduce a which a telecommunications con- to the Committee on Environment and companion measure in the House of sumer’s local, long distance, and other Public Works. Representatives. telecommunications services are THE CHEYENNE RIVER SIOUX TRIBE, LOWER I would also like to thank John Coo- changed without the consumers knowl- BRULE SIOUX TRIBE, AND THE STATE OF per, the secretary of the South Dakota edge or consent. Through this study, SOUTH DAKOTA TERRESTRIAL WILDLIFE HABI- Game, Fish, and Parks Department, for Congress will gain a better under- TAT MITIGATION ACT OF 1997 the enormous amount of time he spent standing of how slammers operate. Mr. DASCHLE. Mr. President, on be- holding public meetings and diligently With this knowledge we will be able to half of the South Dakota congressional working with all interested parties to draft a well crafted, all encompassing delegation and Gov. Bill Janklow, I am sketch out the broad contours of this law that will finally put a lid on slam- today introducing the Cheyenne River compromise as well as to craft the ming. Sioux Tribe, Lower Brule Sioux Tribe, small details. His patience and imagi- Thank you, Mr. President, for the op- and the State of South Dakota Terres- nation have been critical to the suc- portunity to introduce this important trial Wildlife Habitat Mitigation Act. cessful development of this legislation. initiative. I hope my colleagues will This proposal, which is the culmina- Finally, our draft proposal was dis- join with me and support the Tele- tion of more than 2 years of discussion cussed with representatives of the phone Consumer Fraud Criminal Pen- with Governor Janklow and his staff, United Sportsmen and South Dakota Wildlife Federation. Both groups made alties Act in order to protect the rights South Dakota tribal leaders, represent- constructive comments about the of telephone consumers. atives of South Dakota sportsmen Mr. President, I ask unanimous con- groups and affected citizens, lays out a draft, and I appreciate their endorse- sent that the text of the bill be printed plan for resolving some of the environ- ment of the bill we are introducing today. in the RECORD. mental and jurisdictional problems The Cheyenne River Sioux Tribe, There being no objection, the bill was created by the construction of the Lower Brule Sioux Tribe, and the State ordered to be printed in the RECORD, as main stem dams nearly 40 years ago. of South Dakota Terrestrial Wildlife follows: Land transfers and their attendant jurisdictional implications are serious Habitat Mitigation Act establishes S. 1340 trust funds to compensate the State Be it enacted by the Senate and House of Rep- issues with real world ramifications, and it has been the Governor’s and my and the tribes for the terrestrial wild- resentatives of the United States of America in life habitat that was lost due to con- Congress assembled, goal throughout this process to achieve consensus on how to proceed. The in- struction of the mainstem Missouri SECTION 1. SHORT TITLE. River dams. It transfers to the Interior This Act may be cited as the ‘‘Telephone troduction of this legislation is one Consumer Fraud Protection Act of 1997.’’ more step on the path to that con- Department to be held in trust for the tribes the lands that were acquired for SEC. 2. CRIMINAL PENALTIES. sensus. I would like to take this oppor- the Pick-Sloan project and that remain Title 18 of the United States Code is tunity to outline the bill, explain how above the exclusive flood pool. The amended in the appropriate place to provide we got to this point and suggest where tribes will be able to regulate hunting the following. we might go from here. (A) PERSONS.—Any person who submits to More than a half century ago, Con- and fishing on those lands for all who a subscriber a request for a change in a pro- wish to use them, as long as they ac- gress set in motion a series of events vider of telephone exchange service or tele- cept the conditions of the bill, which that resulted in an extraordinary loss phone toll service in willful violation of the include protecting the ability of the procedures established in 47 CFR §§ 64.1100 or of land and wildlife habitat by the heirs and assignees of Indian and non- 64.1150: State of South Dakota, tribes, and in- Indian ranchers who lost land to the (i) shall be fined not more than $1,000, im- dividual landowners along the Missouri construction of the dams to graze on prisoned not more than 30 days, or both for River. This loss of land and the accom- the first offense; and those lands and reaching agreement panying fractionation of jurisdiction (ii) shall be fined not more than $10,000, im- with the State on rules governing fish- has fueled extensive and costly litiga- prisoned not more than 9 months, or both, ing on the Missouri River within res- tion over the regulation of hunting and for any subsequent offense. ervation boundaries. Unless otherwise (B) TELECOMMUNICATIONS CARRIERS.—Any fishing along the river. Moreover, the agreed to by the tribes and the State, telecommunications carrier who submits to Federal Government has never miti- recreation areas currently operated by a subscriber a request for a change in a pro- gated the impact of the dams on crit- vider of telephone exchange service or tele- the corps within the boundaries of the ical wildlife habitat, as it is required to Indian reservations will be transferred phone toll service, or executes such a do by the 1958 Fish and Wildlife Coordi- change, in willful violation of 47 CFR into trust for those tribes to manage, §§ 64.1100 or 64.1150: nation Act. The legislation I am intro- while recreation areas located outside (i) shall be fined not more than $50,000 for ducing today is an attempt to settle of the boundaries of Indian reserva- the first such conviction; and those issues without further litigation, tions will be leased to the State. (ii) shall be fined not more than $200,000 for to provide a means to fairly com- Since there is insufficient Federal any subsequent conviction. pensate the State of South Dakota and project land in South Dakota on which SEC. 3. A STUDY BY THE ATTORNEY GENERAL. the tribes for the loss of habitat, and to to perform the necessary wildlife habi- The Attorney General shall conduct a expand public hunting opportunities study and report to Congress on the fraudu- tat mitigation, this legislation would for sportsmen. authorize the tribes and the State to lent and criminal behavior of telecommuni- This bill would not have been pos- cations carriers and their agents in the solic- spend revenues from the trust funds on itation, marketing, and assignment of wire sible without the efforts of many South other projects related to wildlife con- services. The Attorney General’s study shall Dakotans. Governor Janklow and I servation and public access to habitat examine the fraudulent methods by which a have worked closely together for over 2 throughout the State. The result telecommunications consumer’s local, long years to craft this compromise. Many should be expanded opportunity for distance, and other telecommunications tribal leaders in the State have pro- South Dakota hunters. services are changed without her or his vided constructive input throughout Through the trust funds, the tribes knowledge or consent. The Attorney Gen- this process. In particular, I would like and State will have a steady source of eral’s study shall also examine the negative to acknowledge Chairman Michael impact and costs that such fraudulent activ- funding with which to implement for- ity is having on consumers and the market- Jandreau of the Lower Brule Sioux mal wildlife habitat mitigation plans. place. Tribe and Chairman Gregg Bourland of To supplement those plans, the tribes the Cheyenne River Sioux Tribe for and State will be able to use revenues By Mr. DASCHLE (for himself their wise advice, friendship and guid- from the trust funds to implement and Mr. JOHNSON): ance. plans developed in consultation with S. 1341. A bill to provide for mitiga- Senator JOHNSON and Congressman the U.S. Fish and Wildlife Service to tion of terrestrial wildlife habitat lost THUNE have approached this often con- lease private lands for the protection of

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11353 important habitat, including habitat of 1958. That law officially recognized rigation development would occur for threatened and endangered species. the severe loss of wildlife habitat that along the Missouri River. While irriga- Private landowners who participate in could accompany the construction of tion development has fallen far short of this program will be required to pro- water projects and, as a result, re- expectations, today roughly 5.1 million vide public access for sportsmen during quired the Federal construction agen- residents and nonresidents benefit by hunting season. The South Dakota cy—in this case the Corps of Engi- using the reservoirs for camping, fish- Game, Fish and Parks Department es- neers—to consult with the U.S. Fish ing, boating, hunting, and general timates that over 200,000 acres of pri- and Wildlife Service and the State recreation. vate land will be enrolled in this pro- wildlife agency for the purposes of de- gram, significantly expanding public termining the possible damage to wild- Despite the use that these reservoirs hunting opportunities for sportsmen life resources and for the purposes of enjoy, there is serious concern over the throughout the State. determining means and measures that corp’s ability to continue to maintain The tribes and the State will be able should be adopted to prevent the loss of its extensive network of recreation to use proceeds from the trust funds to or damage to such wildlife resources, areas along the river. Adjusted for in- operate the recreation areas. as well as to provide concurrently for flation, the corps’ budget for this pur- The tribes and the State will be able the development and improvement of pose has shrunk by 30 percent since to use the funds to develop, maintain such resources. This requirement ap- 1993. Prospects for reversing this trend and protect wildlife habitat and recre- plied to any Federal project not yet 60 are poor, making the challenge of fund- ation areas along the Missouri River. percent complete at the time of enact- ing both wildlife habitat mitigation And, the tribes will be able to use ment. In South Dakota, this meant the and recreation area maintenance more revenues from the fund to protect na- Oahe and Big Bend dams. Despite the and more daunting in the future. tive American cultural sites threat- requirements of the 1958 Fish and Wild- That is why this legislation would ened by the operation of the Pick- life Coordination Act, the Federal Gov- transfer those recreation areas to the Sloan project. ernment has never adequately miti- tribes and the State and why the trust To understand the approach taken by gated the loss of habitat that accom- funds would be used to provide a pre- this legislation, it is necessary to un- panied those projects. dictable source of funding to meet the derstand the events that were prologue It may be impossible to completely needs of the 5.1 million people who use to its development. In response to a se- recreate the unique habitat that once those facilities. ries of major floods along the upper existed along the Missouri River. How- Missouri River in the early part of this ever, the Federal Government does There is solid precedent for the es- century, Congress enacted the Flood bear the responsibility to the State and tablishment of dedicated trust funds to Control Act of 1944, which called for tribes of South Dakota to do whatever compensate the tribes and the State implementation of a plan developed by it can to mitigate that loss. Between for losses suffered as a result of these General Pick of the U.S. Army Corps of 1960 and 1982, the corps developed seven projects. In 1992 Congress enacted the Engineers and William Sloan of the Bu- major plans to mitigate the lost wild- Standing Rock and Three Affiliated reau of Reclamation, known as the life habitat. However, since each of Tribes Infrastructure Compensation Pick-Sloan plan, to establish a series of those plans proposed the politically un- Act, establishing a trust fund to com- dams along the river. By authorizing popular fee title acquisition of land pensate the tribes for infrastructure the construction of these massive and since the corps did not forward any losses suffered as a result of construc- earthen dams, this law played a crit- of these plans to Congress for author- tion of the dams. That trust fund was ical role in shaping the future develop- ization, none was ever implemented. capitalized with funding equal to 25 ment of the State and of the down- In 1982, the Corps of Engineers devel- percent of the annual revenues to the stream States that benefited from oped a new plan, known as the Post- Western Area Power Administration meaningful flood control. Authorization Mitigation Report for from sales of hydropower generated by By hosting these dams, South Da- Fish and Wildlife Mitigation, Lake the mainstem dams of the Missouri kota has provided valuable storage of Oahe and Sharpe, SD. This plan, which River. In 1996, Congress unanimously water in the region, preventing flood- called for mitigating only a fraction of passed the Crow Creek Infrastructure ing, and allowing development along the habitat that was lost, was unique Compensation Act, establishing a simi- the river in downstream States all the in that it did not rely on acquisition of lar fund, and I expect Congress to pass way to the Mississippi River. The sac- land in fee title, but rather made exist- a similar bill for the Lower Brule Sioux rifices South Dakota made for this pur- ing project lands available for mitiga- Tribe in the near future. pose, however, can be counted in the tion work. An unsteady history of im- loss of roughly a quarter of a million plementation of the 1982 plan began in In short, Congress has recognized the acres of the most productive, unique, 1989. In 1990, funding was cut off and appropriateness of linking legitimate and irreplaceable cottonwood forests then eventually restored. The corps compensation for losses resulting from and river bottomland in the upper again terminated funding for the the construction of the dams to the Great Plains. project in 1995, only to restore it in the power revenues those dams generate. Land that once provided habitat and face of delegation opposition. The legislation I am introducing today critical wintering cover for nearly 400 It has become clear that wildlife adopts that same principle. species of wildlife is now submerged. habitat mitigation for Lakes Oahe and As I mentioned, the development of The remains of those cottonwood for- Sharpe are not high priorities for the this legislation has involved extensive ests can be seen today from the banks Corps of Engineers. While I recognize discussion and negotiation among of the mainstem reservoirs, their dead that this is attributable in some meas- many interested parties throughout tops sticking out of the water remind- ure to the levels of funding provided the State. The bill has undergone five ing all of us what was once such an in- that agency by Congress, that does not drafts over the course of nearly 10 tegral element of the upper Great excuse the Federal Government of its months. A number of public meetings Plains ecosystem. The effects of that responsibility to mitigate the lost have been held to discuss the bill, and loss also can be felt today. Last winter, habitat. Governor Janklow and I have received, South Dakota suffered through some of Another important feature of the leg- considered, and responded to, com- the most severe weather in recent islation being introduced today deals ments and suggestions from interested memory. Wildlife throughout the with the management of the Corps of members of the public. State, unable to find sufficient cover, Engineers’ recreation areas in the froze to death in vast numbers. State. In partial compensation for The tribes expressed a strong desire At the time the Pick-Sloan project South Dakota’s sacrifice of prime lands to protect their jurisdiction over the was being constructed, Congress passed to the construction of the dams, Con- hunting and fishing of tribal members. the Fish and Wildlife Coordination Act gress had intended that considerable ir- The legislation adopts a cooperative

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11354 CONGRESSIONAL RECORD — SENATE October 29, 1997 State-tribal enforcement system based The Corps of Engineers needs to en- (D) for other purposes; on a previous Memorandum of Agree- sure that it retain its ability to oper- (2) the Big Bend and Oahe projects are ment reached between the Lower Brule ate the reservoirs. The bill protects its major components of the Pick-Sloan Mis- Sioux Tribe and the South Dakota souri River Basin program that contribute to ability to do so. the national economy by generating a sub- Game, Fish, and Parks Department—a Despite these modifications, not stantial amount of hydropower and impound- system that respects and protects trib- every concern or comment could be ad- ing a substantial quantity of water to pro- al sovereignty. To transfer the land to dressed. Some South Dakota tribes vide flood control and other benefits for all trust status and to keep the land in that do not border the river have ex- States and tribes in the Missouri River trust, the tribes would implement an pressed frustration that they were not Basin; enforcement system whereby both the included in this legislation. It has been (3) to carry out the Pick-Sloan Missouri State and the tribes would be able to our intention from the beginning of River Basin program, the Secretary of the Army acquired approximately 500,000 acres of arrest violators of fish and game rules this process to include all eligible on the waters of the Missouri River land from the State of South Dakota, 4 In- tribes in this legislation. Since the 1958 dian tribes, and private individuals; within Indian reservation boundaries, Fish and Wildlife Coordination Act (4) as of the date of enactment of this Act, with tribal members prosecuted in trib- calls for the Federal Government to of the acreage referred to in paragraph (3), al or Federal court and non-Indians mitigate the loss of habitat that oc- approximately 200,000 acres remain at an ele- prosecuted in State or Federal court. curred due to construction of the Oahe vation above that of the top of the exclusive This protects tribal jurisdiction over and Big Bend dams, all the tribes that flood pool of the projects of the program; tribal members and should maximize (5) of the approximately 200,000 acres of dry lost habitat due to the construction of land referred to in paragraph (4), approxi- the effectiveness of fish and game en- those projects qualify for mitigation forcement efforts along the river. Also, mately 80,000 acres are located within the ex- under Federal law and have been in- terior boundaries of the Cheyenne River Res- under the bill, participating tribes will vited to participate in this bill. ervation, Crow Creek Reservation, Lower be able to establish seasons and bag Two eligible tribes—the Standing Brule Reservation, and Standing Rock Res- limits for hunting on the lands that Rock Sioux Tribe and the Crow Creek ervation; will be transferred into trust and to en- Sioux Tribe—have decided not to be (6) as a result of the inundation from the force those rules against all those who part of this arrangement at this point. construction of the Big Bend and Oahe projects, the State of South Dakota and the will hunt on those lands—an oppor- I respect their decisions, and they are tunity they are denied currently. 4 Indian reservations referred to in para- not included in the legislation. graph (5) lost approximately 250,000 acres of In response to concerns expressed by In summary, Mr. President, the State the tribes about the effect of the bill on fertile, wooded bottom land along the Mis- of South Dakota, the Federal Govern- souri River; treaty rights and water rights, lan- ment, the tribes, the wildlife and all (7) the lost acreage constituted some of the guage has been included in the bill who use these reservoirs for hunting, most productive, unique, and irreplaceable stating that both treaty rights and fishing, and recreation will benefit acres of wildlife habitat in the State of water rights will be protected. from this bill. It provides for a fair res- South Dakota, including habitat for game A number of counties expressed con- and nongame species (including species that olution to the environmental and juris- cern that they would lose their 75-per- are listed as endangered or threatened spe- dictional problems created by the con- cent share of revenues from leases the cies under Federal or State law); struction of the main stem dams near- corps currently holds on the trans- (8) the Federal Government has never ap- ly 40 years ago. plied the Fish and Wildlife Coordination Act ferred lands. Under the bill, the De- I am hopeful that the appropriate (16 U.S.C. 661 et seq.) in such a manner as to partment of the Interior will be respon- congressional committees will schedule adequately mitigate the loss of habitat in sible for maintaining those leases. To action on this legislation as soon as the State of South Dakota and on affected ensure that the counties are not penal- possible so that further testimony can Indian reservations within the State; ized by the transfer of the land to trust (9) an insufficient quantity of Federal land be heard and necessary refinements can status the bill directs the Department within the boundaries of projects of the be made. Our goal is to enact a bill of the Interior to pay the affected Pick-Sloan Missouri River Basin program is that will allow meaningful wildlife counties 100 percent of the revenues available in the State of South Dakota to habitat mitigation to begin, resolve provide adequate mitigation of the loss of from leases on the lands. the regulatory issues relating to hunt- habitat; Sportsmen commented that the (10) because of complicated land ownership State should obtain new lands to miti- ing and fishing along the Missouri River, provide the public with well- patterns along the Missouri River, there gate the loss of wildlife habitat. The have been many jurisdictional disputes over bill transfers the 20,000 acre Bureau of maintained recreation areas along the the control of the land along the river, in- Reclamation’s Blunt Reservoir and Missouri River and expand hunting op- cluding disputes concerning— Pierre Canal lands to the State for that portunities long into the future. (A) the jurisdiction of tribal or State purpose. Since the land will be trans- Mr. President, I ask unanimous con- courts over hunting and fishing activities— ferred in fee title, the State will pay sent that the text of the bill be printed (i) on land of the Pick-Sloan Missouri River Basin program projects located within the county taxes on that land. in the RECORD. There being no objection, the bill was an Indian reservation; or Non-Indian ranchers and Indian (ii) on the Missouri River; allottees who lost land or whose ances- ordered to be printed in the RECORD, as follows: (B) the establishment and enforcement of tors lost land to the construction of hunting and fishing seasons and limits; and the dams, urged that the bill clarify S. 1341 (C) hunting and fishing license require- that heirs or assignees be granted the Be it enacted by the Senate and House of Rep- ments; right to graze on the lands taken from resentatives of the United States of America in (11) the jurisdictional disputes referred to them or their ancestors, that access Congress assembled, in paragraph (10)— easements be guaranteed, and that any SECTION 1. SHORT TITLE. (A) have been, and continue to be, adju- This Act may be cited as the ‘‘Cheyenne tribe or agency requiring fencing be re- dicated in Federal courts; and River Sioux Tribe, Lower Brule Sioux Tribe, (B) have resulted in great costs to the Fed- sponsible for installing and maintain- and State of South Dakota Terrestrial Wild- eral Government, the State of South Dakota, ing it. This legislation safeguards that life Habitat Mitigation Act of 1997’’. and the Indian tribes; grazing opportunity. SEC. 2. FINDINGS; PURPOSES. (12) as of the date of enactment of this Act, Those with easements and rights-of- (a) FINDINGS.—Congress finds that— policies of the Army Corps of Engineers en- way on land that would be transferred (1) under the Act of December 22, 1944 courage the leasing of public recreation fa- to the Interior Department, such as the (commonly known as the ‘‘Flood Control Act cilities to, and the management of certain electric utilities, asked that language of 1944’’) (58 Stat. 887, chapter 665; 33 U.S.C. land by, State and local sponsors, if feasible; be added to protect those easements 701–1 et seq.), Congress approved the Pick- (13) the State of South Dakota has dem- and rights-of-way. Broad language has Sloan Missouri River Basin program— onstrated its ability to manage public recre- (A) to promote the general economic devel- ation areas and wildlife resources along the been added to preserve existing ease- opment of the United States; Missouri River; ments on any lands transferred to the (B) to provide for irrigation above Sioux (14) the Indian tribes have demonstrated an Interior Department to be held in trust City, Iowa; ability to manage wildlife resources on land for the tribes and on any recreation (C) to protect urban and rural areas from located within the respective reservations of areas leased to the State. devastating floods of the Missouri River; and those Indian tribes;

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11355 (15) the transfer of administrative jurisdic- the land leased under this section, and the gram shall be transferred to, and held in tion over certain land acquired for the pur- lease shall not interrupt the ability of the trust by, the Secretary of the Interior on the poses of the Pick-Sloan Missouri River Basin Army Corps of Engineers to operate the following conditions: program from the Secretary of the Army to projects in accordance with the Act of De- (1) RESPONSIBILITY FOR DAMAGE.—The Sec- the Secretary of the Interior is in the best cember 22, 1944 (58 Stat. 887, chapter 665; 33 retary of the Army shall not be responsible interest of the United States, the State of U.S.C. 701–1 et seq.). for any damage to the land transferred under South Dakota, and the Indian tribes; and (3) MANAGEMENT OF RECREATION AREAS.—To this section caused by sloughing, erosion, or (16) the Federal Government has a trust re- the extent consistent with other Federal other changes to the land caused by the op- lationship and a fiduciary responsibility to law, the Secretary of the Army shall not un- eration of any project of the Pick-Sloan Mis- Indian tribes. reasonably impede or restrict the ability of souri River Basin program (except as other- (b) PURPOSES.—The purposes of this Act the State of South Dakota to freely manage wise provided by Federal law). are— the recreation areas included in the lease. (2) FLOWAGE EASEMENT.—The Secretary of (1) to mitigate the loss of terrestrial wild- (4) AGREEMENT BY THE STATE.—The State of the Army shall retain a flowage easement on life habitat that occurred as a result of con- South Dakota shall agree— the land transferred under this section and struction projects carried out under the (A) to carry out the duties of the State the transfer shall not interrupt the ability of Pick-Sloan Missouri River Basin program; under this Act, including, managing, oper- the Army Corps of Engineers to operate the (2) to settle longstanding jurisdictional ating, and maintaining the recreation areas projects in accordance with the Act of De- disputes over land and water within the leased to the State under this Act; cember 22, 1944 (58 Stat. 887, chapter 665; 33 Pick-Sloan Missouri River Basin program (B) to take such action as may be nec- U.S.C. 701–1 et seq.). projects; essary to ensure that the hunting and fishing (3) ACCESS BY ORIGINAL OWNERS.—An origi- (3) to protect, and provide public access to, rights and privileges of Indian tribes de- nal owner of land (including an heir or as- the remaining wildlife habitat in the State scribed in section 5 are recognized and en- signee) shall be allowed access to the land in of South Dakota; and forced; and accordance with subsection (e) for the pur- (4) to transfer to the Department of the In- (C) not to assess a fee for sport or recre- poses described in that subsection. terior to be held in trust for the Indian ation hunting or fishing on the Missouri (4) ACCESS BY THE STATE.—Each Indian tribes of South Dakota land acquired for the River by a member within the boundaries of tribe agrees to provide free and Pick-Sloan Missouri River Basin program an Indian reservation. unencumbered access to the State of South within existing exterior reservation bound- (5) EASEMENTS, RIGHTS-OF-WAY, LEASES, Dakota, for purposes of fish and wildlife aries, without altering any boundary of a AND COST-SHARING AGREEMENTS.—The State management, to each reservoir of the Mis- reservation of an Indian tribe established by of South Dakota shall maintain all existing souri River that is located on or adjacent to a treaty with the United States. easements, rights-of-way, leases, and cost- the reservation of the Indian tribe. SEC. 3. DEFINITIONS. sharing agreements that are in effect as of (5) MANAGEMENT BY INDIAN TRIBES.—Each In this Act: the date of execution of a lease under this Indian tribe agrees, with respect to land held (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ section. in trust for the Indian tribe, to manage, op- means— (6) COMPLIANCE WITH FEDERAL LAWS.—The erate, and maintain any recreation area (A) the Cheyenne River Sioux Tribe; and State of South Dakota shall ensure that the transferred to the Indian tribe under this (B) the Lower Brule Sioux Tribe. leased land described in subsection (b) are section. (2) MEMBER.—The term ‘‘member’’ means used in accordance with— (6) REGULATION OF HUNTING, FISHING, AND an individual who is an enrolled member of (A) the Endangered Species Act of 1973 (16 RECREATION WITHIN EXTERIOR RESERVATION an Indian tribe. U.S.C. 1531 et seq.); BOUNDARIES.— (3) NON-INDIAN.—The term ‘‘non-Indian’’ (B) the Migratory Bird Treaty Act (16 (A) APPLICABILITY.—The conditions de- means an individual who is not an enrolled U.S.C. 703 et seq.); scribed in this paragraph shall apply— member of an Indian tribe. (C) the Act entitled ‘‘An Act for the pro- (i) to the extent not inconsistent with (4) SECRETARY OF THE ARMY.—The term tection of the bald eagle’’, approved June 8, other law; ‘‘Secretary of the Army’’ means the Sec- 1940 (16 U.S.C. 668 et seq.); (ii) except as otherwise provided in this retary of the Army, acting through the Chief (D) the Native American Graves Protection section; and of Engineers. and Repatriation Act (25 U.S.C. 3001 et seq.); (iii) with respect to— (5) TERRESTRIAL WILDLIFE HABITAT.—The and (I) the water of the Missouri River within term ‘‘terrestrial wildlife habitat’’ means a (E) the National Historic Preservation Act the exterior boundaries of a reservation of an habitat for a wildlife species (including game (16 U.S.C. 470 et seq.). Indian tribe; and and nongame species) that existed or exists (d) MANAGEMENT TRANSITION.—The Sec- (II) land and water within the exterior on an upland habitat (including a prairie retary of the Army shall continue to fund boundaries of a reservation of an Indian tribe grassland, woodland, bottom land forest, and implement, until such time as funds are that is above the water’s edge of the Mis- scrub, or shrub) or an emergent wetland available for use from the South Dakota souri River, which land and water consists of Wildlife Habitat Mitigation Trust Fund habitat. allotted land and tribal trust land. under section 7(d)(3)(A)(i), the terrestrial SEC. 4. LEASE OF CORPS OF ENGINEERS RECRE- (B) LICENSE REQUIREMENTS.— ATION LAND TO THE STATE OF wildlife habitat mitigation plans under sec- (i) IN GENERAL.—Each Indian tribe shall SOUTH DAKOTA. tion 6(a). allow any non-Indian to purchase a license (a) IN GENERAL.—At the request of the SEC. 5. TRANSFER OF ARMY CORPS OF ENGI- from the Indian tribe to hunt on allotted State of South Dakota, the Secretary of the NEERS LAND FOR INDIAN TRIBES. land and trust land of the Indian tribe with- Army shall lease to the State of South Da- (a) IN GENERAL.— out being required to purchase a hunting li- kota the land described in subsection (b) for (1) TRANSFER.—The Secretary of the Army a term not less than 50 years, with an option shall transfer to the Secretary of the Inte- cense from the State of South Dakota. for renewal. rior the land described in subsection (b). (ii) ALLOTTED LAND.—Hunting and fishing on allotted land shall require the permission (b) LAND LEASED.—The land described in (2) TRUST.—The Secretary of the Interior this subsection is any other land within the shall hold in trust for each Indian tribe the of the allottee or a designated agent of the projects of the Pick-Sloan Missouri River land transferred under this section that are allottee. Basin program in the State of South Dakota located within the external boundaries of the (iii) MIGRATORY WATERFOWL.—A non-Indian that— reservation of the Indian tribe. shall not hunt migratory waterfowl on trust (1) is located outside the external bound- (b) LAND TRANSFERRED.—The land de- land unless the non-Indian is in possession of aries of a reservation of an Indian tribe; and scribed in this subsection is land that— a Federal migratory-bird hunting and con- (2) the Secretary of the Army determines (1) is located above the top of the exclusive servation stamp (known as a ‘‘Duck Stamp’’) at the time of the transfer is designated as a flood pool of the projects of the Pick-Sloan issued under the Act of March 16, 1934 (48 recreation area in the current Project Mas- Missouri River Basin program; Stat. 451, chapter 71; 16 U.S.C. 718 et seq.). ter Plans. (2) was acquired by the Secretary of the (iv) STATE GAME LICENSES.—Each Indian (c) LEASE CONDITIONS.—The Secretary of Army for the implementation of the Pick- tribe shall honor big game and small game the Army shall lease the land described in Sloan Missouri River Basin program; and licenses issued by the State of South Dakota subsection (b) to the State of South Dakota (3) is located within the external bound- on non-Indian private deeded land and public on the following conditions: aries of a reservation of an Indian tribe. land and water within the exterior bound- (1) RESPONSIBILITY FOR DAMAGE.—The Sec- (c) MAP.—The Secretary of the Army, in aries of the reservation of the Indian tribe retary of the Army shall not be responsible cooperation with the governing bodies of the described in subparagraph (A)(iii) (referred for any damage to the land leased under this Indian tribes, shall prepare a map of the land to in this paragraph as the ‘‘reservation section caused by sloughing, erosion, or transferred under this section. The map shall boundaries’’) without requiring a State li- other changes to the land caused by the op- be on file in the appropriate offices of the censee to purchase a hunting license or per- eration of any project of the Pick-Sloan Mis- Secretary of the Army. mit from the Indian tribe. souri River Basin program. (d) TRANSFER CONDITIONS.—The land de- (v) NON-INDIAN LAND.—A non-Indian land- (2) FLOWAGE EASEMENT.—The Secretary of scribed in subsection (b) that was acquired owner who resides within the reservation the Army shall retain a flowage easement on for the Pick-Sloan Missouri River Basin pro- boundaries of an Indian tribe may hunt on

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the non-Indian’s land without securing a li- (I) NON-INDIANS.—A non-Indian violator of easements and rights-of-way to ensure access cense from the Indian tribe. a regulation that affects a hunting, fishing, for use of the land. (vi) DEEDED LAND.—Hunting on non-Indian or recreational activity on the allotted land (3) FENCING.—Any agency or Indian tribe and member private deeded land within the or tribal trust land of an Indian tribe shall that requires the land to be fenced shall be reservation boundaries of an Indian tribe be prosecuted in Federal court or a court of responsible for building and maintaining the shall be contingent on obtaining permission the Indian tribe, whichever is appropriate. fencing required. from the owner or lessee. (II) MEMBERS.—A member violator of a reg- (4) FEES.—An Indian tribe that leases land (vii) MEMBERS.—A member of an Indian ulation that affects a hunting, fishing, or to an original owner or other person de- tribe may hunt and fish on allotted or tribal recreational activity on the allotted land or scribed in paragraph (1) may charge a graz- trust land within the reservation boundaries tribal trust land of an Indian tribe shall be ing fee at a rate that does not exceed the of the Indian tribe with only a license from prosecuted in a court of the Indian tribe. rate charged by the Indian tribe for grazing the Indian tribe, if such a license is required. (ii) MISSOURI RIVER.— on comparable land within the external (C) ESTABLISHMENT OF WILDLIFE MANAGE- (I) NON-INDIANS.—A non-Indian violator of boundaries of the reservation of the Indian MENT RULES.— a regulation that affects a hunting, fishing, tribe. (i) RULES FOR MEMBERS.—Each Indian tribe or recreational activity on the water of the (5) ELIGIBILITY TO LEASE LAND FOR AGRICUL- shall establish such regulations, seasons, and Missouri River shall be prosecuted in a Fed- TURAL PURPOSES.—Not later than 1 year after bag limits for hunting or fishing by a mem- eral or State court, whichever is appropriate. the date of enactment of this Act, the Sec- ber on allotted land and trust land of the In- (II) MEMBERS.—A member violator of a reg- retary of the Interior shall determine which dian tribe as the wildlife management agen- ulation that affects a hunting, fishing, or original owners, heirs, and assignees (includ- cy of the Indian tribe determines appro- recreational activity on the water of the ing Indian allottees) meet the eligibility cri- priate. Missouri River within the reservation bound- teria to lease land for agricultural purposes (ii) RULES FOR NON-INDIANS.—Each Indian aries of an Indian tribe shall be prosecuted in under this section. tribe shall establish such regulations, sea- the court of the Indian tribe. sons, and bag limits for hunting or fishing by (G) PENALTIES.—The penalties for viola- SEC. 6. TERRESTRIAL WILDLIFE HABITAT MITI- non-Indians on allotted land and trust land tions of regulations that affect a hunting, GATION. of the Indian tribe as the wildlife manage- fishing, or recreational activity on the water (a) TERRESTRIAL WILDLIFE HABITAT MITIGA- ment agency of the Indian tribe determines of the Missouri River shall be identical for TION PLANS.— appropriate. members and non-Indians. (1) IN GENERAL.—In accordance with this (iii) FISHING RULES.—Each Indian tribe (7) OTHER INDIAN TRIBE REQUIREMENTS.— subsection and with the assistance of the shall adopt and enforce rules that affect fish- Each Indian tribe shall agree to meet the re- Secretary of the Army and the Secretary of ing on the water of the Missouri River with- quirements applicable to the Indian tribe the Interior, the State of South Dakota and in the reservation boundaries of the Indian under this Act. each Indian tribe shall, as a condition of the tribe that are agreed to by the State and af- (8) BOATING SAFETY; TEMPORARY LAND- receipt of funds under this Act, develop a fected tribe. INGS.—Each Indian tribe shall grant any per- plan for the mitigation of terrestrial wildlife (D) PROHIBITIONS.— son who operates a vessel the right of access, habitat loss that occurred as a result of (i) IN GENERAL.—Each Indian tribe shall— without charge, to land under the jurisdic- flooding related to projects carried out as (I) prohibit the use of gill or trammel nets tion of the Indian tribe located along the part of the Pick-Sloan Missouri River Basin and snagging of fish, other than when used in shore of the Missouri River or the reservoirs program. a fishery management effort by a certified of the Pick-Sloan Missouri River Basin pro- (2) FUNDING FOR CARRYING OUT PLANS.— tribal or State game, fish, and parks officer gram projects for the purposes of— (A) STATE.—The Secretary of the Treasury or employee; (A) ensuring safety under adverse weather shall make available to the State of South (II) require the use of nontoxic shot in the conditions (including storms and high Dakota funds from the South Dakota Wild- hunting of migratory waterfowl; and winds); life Habitat Mitigation Trust Fund estab- (III) prohibit the sale, trade, or barter of (B) otherwise making a landing that— lished by section 7, to be used to carry out fish or terrestrial wildlife or other such prac- (i) is for a purpose other than hunting, the plan. tices that are detrimental to game and fish fishing, or removing objects, including In- (B) INDIAN TRIBES.—The Secretary of the resources. dian cultural or archaeological materials; Interior shall make available to each Indian (ii) ENFORCEMENT.—Each Indian tribe and (ii) is of a duration of not more than 24 tribe funds from the Native American Wild- the State of South Dakota shall actively en- hours; and life Habitat Mitigation Trust Fund estab- force the prohibitions described in clause (i) (iii) is consistent with the protection of lished by section 8, to be used to carry out against members and non-Indians without natural resources and the environment. the plan. discrimination. (C) carrying out any subsequent co-man- (E) ENFORCEMENT OF RULES.— agement agreement that may be negotiated (b) PROGRAMS FOR THE PURCHASE OF WILD- (i) EXECUTION OF CROSS-DEPUTIZATION between the State of South Dakota and the LIFE HABITAT LEASES.— AGREEMENTS.— Indian tribe relating to hunting, fishing, or (1) IN GENERAL.—The State of South Da- (I) IN GENERAL.—Each Indian tribe shall recreational use; and kota may use payments received under sec- enter into a cross-deputization agreement (D) making an unarmed retrieval of water- tion 7(d)(3)(A)(ii), and each Indian tribe may with the State of South Dakota under which fowl (as determined under the law of the use payments received under section tribal officers, on certification by the Law State of South Dakota). 8(d)(3)(A)(ii), to develop or expand a program Enforcement Training and Standards Com- (9) EASEMENTS, RIGHTS-OF-WAY, LEASES, for the purchase of wildlife habitat leases mission or after receiving equivalent Federal AND COST-SHARING AGREEMENTS.— that meets the requirements of this sub- training, are granted the credentials of a (A) MAINTENANCE.—The Secretary of the section. State of South Dakota Deputy Conservation Interior shall maintain all existing ease- (2) DEVELOPMENT OF PLAN.— officer effective only within the reservation ments, rights-of-way, leases, and cost-shar- (A) IN GENERAL.—If the State of South Da- boundaries of the Indian tribe. ing agreements that are in effect as of the kota, or an Indian tribe, conducts a program (II) PROVISION OF TRIBAL ENFORCEMENT CRE- date of the transfer. in accordance with this subsection, the State DENTIALS.—Each Indian tribe shall provide (B) PAYMENTS TO COUNTY.—The Secretary of South Dakota, or the Indian tribe, in con- tribal enforcement credentials to State of of the Interior shall pay the affected county sultation with the United States Fish and South Dakota Conservation officers on proof 100 percent of the receipts from the ease- Wildlife Service and with opportunity for to the tribe that the officers are certified as ments, rights-of-way, leases, and cost-shar- public comment, shall develop a plan to conservation officers under Federal, tribal, ing agreements described in subparagraph lease land for the protection and develop- or State law, effective only within the res- (A). ment of wildlife habitat, including habitat ervation boundaries of the Indian tribe. (e) ACCESS BY ORIGINAL OWNERS.— for threatened and endangered species asso- (ii) ARRESTS.— (1) IN GENERAL.—An original owner of land ciated with the Missouri River ecosystem. (I) COORDINATION.—Any arrest made under transferred under this section (including an (B) USE FOR PROGRAM.—The plan shall be the authority of a cross-deputization agree- Indian allottee), and any other person who used by the State of South Dakota, or the In- ment shall be coordinated through the offi- has been assigned or has inherited land from dian tribe, in carrying out the program de- cer of the government that has prosecutorial an original landowner (or Indian allottee), veloped under paragraph (1). jurisdiction for the arrest. who maintains base property in the vicinity (3) CONDITIONS OF LEASES.—Each lease cov- (II) AVAILABILITY TO TESTIFY.—The officer of the land, shall be guaranteed access to and ered under a program under paragraph (1) who arrests or causes the arrest of a person a right to lease, for agricultural purposes shall specify that the owner of the property under the authority of a cross-deputization (including grazing), the land acquired from that is subject to the lease shall provide— agreement shall be reasonably available to the original owner by the Secretary of the (A) public access for sportsmen during testify in the appropriate tribal, Federal, or Army for the Pick-Sloan Missouri River hunting seasons; and State court. Basin program. (B) other outdoor uses covered under the (F) PROSECUTION.— (2) EASEMENTS AND RIGHTS-OF-WAY.—An In- lease, as negotiated by the landowner and (i) ALLOTTED LAND AND TRIBAL TRUST dian tribe shall honor past easements and the State of South Dakota or Indian tribe. LAND.— rights-of-way and provide reasonable future (4) USE OF ASSISTANCE.—

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(A) STATE OF SOUTH DAKOTA.—If the State (i) The implementation and administration plan under section 6(a), which payment shall of South Dakota conducts a program in ac- of a terrestrial wildlife habitat mitigation be made at such time as the Secretary of the cordance with this subsection, the State may plan under section 6(a). Army approves a terrestrial wildlife habitat use payments received under section (ii) The purchase and administration of mitigation plan developed by the Indian 7(d)(3)(A)(ii) to— wildlife habitat leases under section 6(b) and tribe under that section. (i) acquire easements, rights-of-way, or other activities described in that section. (ii) The purchase and administration of leases for management of wildlife habitat, (iii) The management, operation, adminis- wildlife habitat leases under section 6(b) and including habitat for threatened and endan- tration, maintenance, and development, in other activities described in that section. gered species, and public access to wildlife accordance with this Act, of all recreation (iii) The management, operation, adminis- on private land in the State of South Da- areas that are leased to the State of South tration, maintenance, and development, in kota; Dakota by the Army Corps of Engineers. accordance with this Act, of recreation areas (ii) create public access to Federal or State (iv) The development and maintenance of held in trust for the Indian tribes. land through the purchase of easements or public access to, and protection of, wildlife (iv) The development and maintenance of rights-of-way that traverse private property; habitat and recreation areas along the Mis- public access to, and protection of, wildlife or souri River. habitat and recreation areas along the Mis- (iii) lease land for the creation or restora- (B) ALLOCATION FOR PLAN.—The State of souri River. tion of a wetland on tribal or private land in South Dakota shall use the amounts trans- (v) The preservation of Native American the State of South Dakota. ferred under paragraph (2) to fully imple- cultural sites located on the transferred (B) INDIAN TRIBES.—If an Indian tribe con- ment the terrestrial wildlife habitat mitiga- land. ducts a program in accordance with this sub- tion plan of the State under section 6(a). (B) ALLOCATION FOR PLAN.—Each Indian section, the Indian tribe may use payments (C) PROHIBITION.—The amounts transferred tribe shall use the amounts transferred received under section 7(d)(3)(A)(ii) for the under paragraph (2) shall not be used for the under paragraph (2) and paid to the Indian purposes described in subparagraph (A). purchase of land in fee title. tribe to fully implement the terrestrial wild- (c) DEAUTHORIZATION OF BLUNT RESERVOIR (e) TRANSFERS AND WITHDRAWALS.—Except life habitat mitigation plan of the Indian PROJECT.— as provided in subsection (d), the Secretary tribe under section 6(a). of the Treasury may not transfer or with- (1) IN GENERAL.—The Blunt Reservoir and (C) PROHIBITION.—The amounts transferred draw any amount deposited under subsection Pierre Canal features of the Oahe Unit, ad- under paragraph (2) and paid to an Indian (b). ministered by the Bureau of Reclamation in tribe shall not be used for the purchase of (f) ADMINISTRATIVE EXPENSES.—There are the State of South Dakota, are not author- authorized to be appropriated to the Sec- land in fee title. ized after the date of enactment of this Act. retary of the Treasury such sums as are nec- (4) PRO RATA SHARE OF PAYMENTS.—In mak- (2) TRANSFER OF LAND.—Land associated essary to pay the administrative expenses of ing payments from the interest generated with the Blunt Reservoir and Pierre Canal the Fund. under the Fund, the Secretary of the Interior features of the Oahe Unit that is adminis- SEC. 8. NATIVE AMERICAN WILDLIFE HABITAT shall ensure that the total amount of pay- tered by the Bureau of Reclamation is trans- MITIGATION TRUST FUND. ments received by the Indian tribes under ferred in fee title to the State of South Da- (a) ESTABLISHMENT.—There is established paragraph (3) is distributed as follows: kota to be used for the purpose of terrestrial in the Treasury of the United States a fund (A) 79 percent shall be available to the wildlife habitat mitigation. to be known as the ‘‘Native American Wild- Cheyenne River Sioux Tribe. SEC. 7. SOUTH DAKOTA WILDLIFE HABITAT MITI- life Habitat Mitigation Trust Fund’’ (re- (B) 21 percent shall be available to the GATION TRUST FUND. ferred to in this section as the ‘‘Fund’’). Lower Brule Sioux Tribe. (a) ESTABLISHMENT.—There is established (b) FUNDING.—For the fiscal year following (e) TRANSFERS AND WITHDRAWALS.—Except in the Treasury of the United States a fund the fiscal year during which the aggregate of as provided in subsection (d), the Secretary to be known as the ‘‘South Dakota Wildlife the amounts deposited in the Lower Brule of the Treasury may not transfer or with- Habitat Mitigation Trust Fund’’ (referred to Sioux Tribe Infrastructure Development draw any amount deposited under subsection in this section as the ‘‘Fund’’). Trust Fund is equal to the amount specified (b). (b) FUNDING.—For the fiscal year following in section 4(b) of the Lower Brule Sioux (f) ADMINISTRATIVE EXPENSES.—There are the fiscal year during which the aggregate of Tribe Infrastructure Development Trust authorized to be appropriated to the Sec- the amounts deposited in the Lower Brule Fund Act of 1997, and for each fiscal year retary of the Treasury such sums as are nec- Sioux Tribe Infrastructure Development thereafter until such time as the aggregate essary to pay the administrative expenses of Trust Fund is equal to the amount specified of the amounts deposited in the Fund under the Fund. in section 4(b) of the Lower Brule Sioux this subsection, is equal to $47,400,000, the Tribe Infrastructure Development Trust SEC. 9. AUTHORIZATION OF ADMINISTRATIVE Secretary of the Treasury shall deposit in COSTS OF THE ARMY CORPS OF EN- Fund Act of 1997, and for each fiscal year the Fund an amount equal to 10 percent of GINEERS. thereafter until such time as the aggregate the receipts from the deposits in the Treas- There are authorized to be appropriated to of the amounts deposited in the Fund under ury of the United States for the preceding the Secretary of the Army such sums as are this subsection, is equal to $108,000,000, the fiscal year from the power program of the necessary— Secretary of the Treasury shall deposit in Pick-Sloan Missouri River Basin program, (1) to pay administrative expenses incurred the Fund an amount equal to 15 percent of administered by the Western Area Power Ad- in carrying out this Act; and the receipts from the deposits in the Treas- ministration. (2) to fund the implementation of terres- ury of the United States for the preceding (c) INVESTMENTS.—The Secretary of the trial wildlife habitat mitigation plans under fiscal year from the power program of the Treasury shall invest the amounts deposited section 6(a) until such time as funds are Pick-Sloan Missouri River Basin program, under subsection (b) only in interest-bearing available for use under sections 7(d)(3)(A)(i) administered by the Western Area Power Ad- obligations of the United States or in obliga- and 8(d)(3)(A)(i). ministration. tions guaranteed as to both principal and in- (c) INVESTMENTS.—The Secretary of the terest by the United States. SEC. 10. RULE OF CONSTRUCTION; PROHIBITION. Treasury shall invest the amounts deposited (d) PAYMENTS.— (a) STATUTORY CONSTRUCTION.—Nothing in under subsection (b) only in interest-bearing (1) IN GENERAL.—All amounts credited as this Act diminishes or affects— obligations of the United States or in obliga- interest under subsection (c) shall be avail- (1) any water right of an Indian tribe; tions guaranteed as to both principal and in- able, without fiscal year limitation, to the (2) any other right of an Indian tribe, ex- terest by the United States. Secretary of the Interior for use in accord- cept as specifically provided in another pro- (d) PAYMENTS.— ance with paragraphs (3) and (4). vision of this Act; (1) IN GENERAL.—All amounts credited as (2) WITHDRAWAL AND TRANSFER OF FUNDS.— (3) any valid, existing treaty right that is interest under subsection (c) shall be avail- At the request of the Secretary of the Inte- in effect on the date of enactment of this able, without fiscal year limitation, to the rior, the Secretary of the Treasury shall Act; State of South Dakota for use in accordance withdraw amounts credited as interest under (4) the external boundaries of any reserva- with paragraph (3). paragraph (1) and transfer the amounts to tion of an Indian tribe; (2) WITHDRAWAL AND TRANSFER OF FUNDS.— the Secretary of the Interior for use in ac- (5) any authority of the State of South Da- The Secretary of the Treasury shall with- cordance with paragraphs (3) and (4). The kota that relates to the protection, regula- draw amounts credited as interest under Secretary of the Treasury may not withdraw tion, or management of fish and terrestrial paragraph (1) and transfer the amounts to the amounts for any other purpose. wildlife resources, except as specifically pro- the State of South Dakota for use in accord- (3) USE OF TRANSFERRED FUNDS.— vided in another provision of this Act; ance with paragraph (3). The Secretary of (A) IN GENERAL.—Subject to subparagraphs (6) any authority or responsibility of the the Treasury may not withdraw the amounts (B) and (C) and paragraph (4), the Secretary Secretary of the Army or the Secretary of for any other purpose. of the Interior shall use the amounts trans- the Interior under a law in existence on the (3) USE OF TRANSFERRED FUNDS.— ferred under paragraph (2) only for the pur- date of enactment of this Act, including— (A) IN GENERAL.—Subject to subparagraphs pose of making payments to Indian tribes to (A) the Endangered Species Act of 1973 (16 (B) and (C), the State of South Dakota shall carry out the following activities: U.S.C. 1531 et seq.); use the amounts transferred under paragraph (i) The implementation and administration (B) the Migratory Bird Treaty Act (16 (2) only to carry out the following activities: of a terrestrial wildlife habitat mitigation U.S.C. 703 et seq.);

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11358 CONGRESSIONAL RECORD — SENATE October 29, 1997 (C) the Act entitled ‘‘An Act for the pro- mote areas, but misses a piece of the ton, his health advisers, former FDA tection of the bald eagle’’, approved June 8, health care puzzle for our frontier com- Commissioner David Kessler, former 1940 (16 U.S.C. 668 et seq.); munities—health clinics. Surgeon General C. Everett Koop, our (D) the Native American Graves Protection Frontier communities face condi- leading public health groups, and many and Repatriation Act (25 U.S.C. 3001 et seq.); and tions even more extreme than rural of us in the Congress have reviewed the (E) the National Historic Preservation Act communities. For example, the com- proposed settlement. While the attor- (16 U.S.C. 470 et seq.); or munities on the Fox Islands in Alaska neys general pushed the industry as (7) the ability of an Indian tribe to use the are 400 miles from the nearest limited- hard as they could, they had to make trust land transferred to the Indian tribe service hospital and 650 miles from the significant compromises along the way under this Act in a manner that is consistent nearest major, acute care hospital. to keep the industry at the bargaining with the use of other Indian trust land, ex- There are no hospitals or even limited- table. An examination of their deal cept as otherwise specifically provided in service hospitals on the Fox Islands— with the industry reflects the limits this Act. just health clinics. (b) POWER RATES.—No payment made under which they were operating and under this Act shall affect any power rate This legislation will enable clinics in shows that the settlement is flawed in under the Pick-Sloan Missouri River Basin frontier communities such as the Fox many respects. program. Islands to participate in the program. The Congress, Mr. President, is in an SEC. 11. AUTHORIZATION OF APPROPRIATIONS. A frontier area is defined in the bill as entirely different position vis-a-vis the There are authorized to be appropriated to borough with six or fewer people per tobacco industry. The Congress has no the Department of the Interior such sums as square mile. Additionally, to ensure need to make the kinds of concessions are necessary to carry out this Act. this extension goes to frontier commu- to the industry that the attorneys gen- nities who are truly in need, partici- eral did. The Congress does not need By Mr. MURKOWSKI (for himself pating clinics must be located in permission from the industry to take and Mr. THOMAS): health professional shortage areas, and steps to reduce teen smoking and put S. 1342. A bill to amend title XVIII of be more than a 50-mile drive from an- an end to hundreds of thousands of pre- the Social Security Act to increase ac- other facility. ventable deaths each year. We don’t cess to quality health care in frontier Mr. President, the Medicare Frontier have to settle. Our job is to develop communities by allowing health clinics Health Clinic and Center Act of 1997 is legislation in the public interest and and health centers greater Medicare the answer for ensuring health care for promote the public health. flexibility and reimbursement; to the our elderly who live in extremely rural Mr. President, virtually no one in the Committee on Finance. and frontier areas. Demonstrations Congress today supports the settle- THE MEDICARE FRONTIER HEALTH CLINIC AND conducted by the Health Care Financ- ment proposed by the industry and the CENTER ACT OF 1997 ing Administration have already prov- attorneys general. The settlement is Mr. MURKOWSKI. Mr. President, I en the cost effectiveness of limited- dead. It is gone with Joe Camel. After rise today to introduce the Medicare service facilities. extensive review, President Clinton Frontier Health Clinic and Center Act I would also point out that yester- recommended to the Congress that we of 1997. I am pleased that the junior day, the National Rural Health Asso- enact comprehensive tobacco control Senator from Wyoming, Senator THOM- ciation [NRHA], in a letter to Nancy- legislation, and focus on the public AS is cosponsoring this bill. Ann Min DeParle, the nominee to be health—not the tobacco industry’s in- Our bill clarifies the intent of Con- Administrator of the Health Care Fi- terests. gress to allow health clinics to partici- nancing Administration, endorsed the Mr. President, I share President Clin- pate in the new Medicare Rural Hos- concept of allowing rural clinics to ton’s deep reservation about the settle- pital Flexibility Program. participate in this program. ment as a framework for this legisla- Mr. President, great advances in I urge my colleagues to consider the tion. Instead, I would like to propose health care have occurred during the health care needs of frontier commu- an alternative framework for my col- past decades, however, some commu- nities and adopt this bill. leagues and others in the public health nities in remote areas continue to community to consider. I hope it will struggle to provide primary care serv- By Mr. LAUTENBERG: influence our deliberations next year, ices. These communities face unparal- S. 1343. A bill to amend the Internal and contribute to the enactment of ef- leled geographic, climatic and eco- Revenue Code of 1986 to increase the fective and comprehensive tobacco leg- nomic barriers to quality health care. excise tax rate on tobacco products and islation. Mr. President, this approach They simply do not have the resources, deposit the resulting revenues into a is not premised on the notion of a deal surface transportation nor the demand Public Health and Education Resource with the industry. Instead, it attempts to provide full service inpatient and Trust Fund, and for other purposes; to to build on the extremely thoughtful outpatient care—yet the community the Committee on Finance. and knowledgeable work of Drs. might be located hours from an acute THE PUBLIC HEALTH AND EDUCATION RESOURCE Kessler and Koop, and many other pub- care hospital in an urban center. ACT [PHAER] lic health experts and economists, who The Medicare Rural Hospital Flexi- Mr. LAUTENBERG. Mr. President, have studied these questions for a long bility Program in the Balanced Budget last spring, various State attorneys time. It is a public health measure, Act of 1997 addresses part of this di- general announced that they had pure and simple. lemma. It exempts many rural hos- reached a global agreement to settle Mr. President, today Representative pitals from burdensome Medicare regu- ongoing State lawsuits against the to- JIM HANSEN and I are introducing the lations designed for large urban hos- bacco industry in exchange for certain Public Health and Education Resource pitals and does not straight jacket concessions by the industry aimed at Act—or the PHAER Act. The PHAER them under the prospective payment reducing teen smoking. This truly his- Act is, in some ways simple and system. This limited-service model has toric agreement followed a persistent straightforward. It goes right at the already helped to reduce unnecessary effort by President Clinton to empower problem. It would raise the excise tax overhead and prevent cost shifting in the Food and Drug Administration to on tobacco by $1.50, consistent with the eight States. regulate nicotine and develop strate- President’s recommendation on pric- The Medicare Rural Hospital Flexi- gies to stop the addiction of our chil- ing. It specifically targets the revenues bility Act means that extremely rural dren to this deadly drug. President raised to public health, with an empha- communities will finally be able to Clinton is the first President in our Na- sis on reducing youth smoking rates. provide more complete health care to tion’s history to take on the tobacco This bipartisan, bicameral proposal is the elderly. However, Mr. President, industry on behalf of the American intended to serve as the blueprint for this important Medicare provision people and he deserves enormous credit accomplishing the public health goals needs legislative clarification. The for his bold and relentless leadership that the President and public health Medicare Rural Hospital Flexibility on this issue. leaders have outlined. Program addresses part of the dilemma Since the announcement of the glob- Mr. President, the overarching goal faced by communities located in re- al tobacco settlement, President Clin- of the public health community is to

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11359 decrease the rate of tobacco addiction health and educational programs to Health and the Centers for Disease in children. I believe the PHAER Act is further reduce teen tobacco addiction. Control. They will also be used to ade- the simplest and most direct way to ac- Our PHAER tobacco excise tax in- quately fund tobacco control programs complish that goal. Every health ex- crease will be phased in over 3 years. at the Food and Drug Administration pert concludes that the single most ef- Each year the fee will increase by 50 and to assure that tobacco farmers, fective way to reduce youth consump- cents until it reaches $1.50. Once at factory workers, and their commu- tion of cigarettes is to increase the $1.50, the PHAER fee will be indexed nities will not suffer economic devasta- price. According to the Congressional for inflation to guarantee that its tion as we move to reduce smoking. Research Service, a $1.50 increase in price-deterrent effect continues to be The PHAER Act would also contribute the price of cigarettes will result in a strong enough to maintain the reduc- to tobacco prevention programs at the 45-percent reduction in youth smoking tion in teen tobacco use. Veterans’ Administration, the Drug rates. The President has made this a Mr. President, many have stated that Czar’s office, and across the world prerequisite to any tobacco legislation. a price increase alone will not sustain through assistance to international So, Mr. President, the question be- a long term decrease in youth tobacco programs. PHAER would also fund fore Congress is how to accomplish this addiction, and they are right. That is Medicare prevention programs and pre- price increase and serve our public why the revenues from the PHAER fee mium and cost-sharing assistance for health interests. The tobacco settle- will be targeted to public health pro- low-income Medicare beneficiaries. ment would raise prices by funneling grams, with an emphasis on those that Mr. President, all of these goals—and money through the tobacco companies will directly decrease the number of many more—can be accomplished, and to accomplish a price increase. This ap- kids who begin to smoke every day. we do not need to ask the tobacco in- proach relies on the industry to raise Three-quarters of PHAER funds will dustry’s permission to do it. We just the price—which is a Catch-22. If the be disbursed at the State and local need to raise the tobacco excise tax industry does raise the price by a $1.50, level for health and education pro- and use the revenues to promote clear then there is no guarantee that all of grams that bring home to young people public health objectives. these revenues will go toward the pub- the deadly consequences of smoking. Mr. President, the reason we can ac- lic health. In fact, health experts and These funds will be distributed to the complish these goals is that the the Federal Trade Commission have States with the supervision and assist- PHAER fund will raise $494 billion over concluded that under the proposed set- ance by the Secretary of Health and 25 years—an average of nearly $20 bil- tlement, the companies would make a Human Services. We should set out na- lion per year. This estimate is based on substantial profit from such a price in- tional goals for reducing teen smoking, the tobacco consumption curve devel- crease—as less than half of the $1.50 and insist on accountability, but we oped by the Joint Committee on Tax- would actually go toward settlement should also give States the flexibility ation. It is a realistic calculation of payments. to develop the best programs for their the revenues that will flow from this On the other hand, the companies people. excise tax boost, even given antici- might not ever raise their prices to a Mr. President, each State will be able pated reductions in tobacco consump- point that actually makes a real dent to design teen smoking cessation pro- tion. in teen smoking. They could choose to grams that are most effective for its Mr. President, this revenue projec- simply raise it high enough to cover particular circumstance. An average of tion of $494 billion over 25 years is their settlement costs—estimated at 62 $15 billion per year will be available for much more reliable than the $368.5 bil- cents per pack. these States programs. Eligible uses in- lion figure projected by the tobacco in- Neither of these outcomes are posi- clude smoking cessation programs and dustry and State attorneys general as a tive for America’s health. That is why services, school and community-based result of their proposed settlement. the only fair way to accomplish these tobacco education and prevention pro- Those numbers are full of holes and de- goals is through the PHAER Act I am grams, counteradvertising campaigns, ceptions. The Federal Trade Commis- introducing today. expansion of the children’s health in- sion recently found that the much-pub- Mr. President, we know that an in- surance program created in the budget licized $368.5 billion figure so widely as- crease in excise taxes is the single act, and other public health purposes. sociated with the proposed tobacco set- most effective step we can take to re- Mr. President, it is critical that tlement failed to take into account the duce teen smoking, and through smoking cessation and addiction treat- effect of reduced consumption of to- PHAER we can ensure that every ment programs be put into place, and bacco on the industry’s payment obli- penny of the price increase is targeted the PHAER Program will do that. I gations under the terms of the settle- to programs that will further reduce il- hear a great deal of talk about adult ment. A more realistic estimate would legal youth tobacco consumption and choice. Well, most adults who smoke peg the proceeds of the proposed to- promote other critical public health are not really choosing to smoke—they bacco settlement closer to $250 billion priorities. This is the most effective are addicted. It is not merely a habit— over 25 years. and reliable mechanism to guarantee it is an addiction as powerful as the ad- Mr. President, when you look at real that prices go up and that revenues are diction to cocaine. And as the price of numbers, it is clear that the PHAER targeted to the proper programs. cigarettes goes up, we should put a sys- Act will provide States with consider- Mr. President, this is not a partisan tem in place that will help bring ad- ably more funds than the proposal by issue. Senators from both sides of the dicted smokers off nicotine. Cessation the tobacco industry and the attorneys aisle have stated that the excise tax is and treatment programs should be general. the most efficient and effective way to available to all Americans, regardless Finally, Mr. President, our bill in- reduce teen smoking and decrease the of their income. cludes a series of sense-of-the-Senate cost of tobacco illness in our country. Mr. President, these programs will be provisions. We include them in the bill This is one of the few taxes that people coordinated at the State level and the to reflect our recognition that com- actually support increasing. It is one of States will have flexibility to design prehensive tobacco legislation should the few taxes that can be directly their own programs. The States vary include a broader range of measures linked to positive policy goals. Now, all widely in the patterns of tobacco use. than the revenue proposals in PHAER. we need is the will to act. Some States have youth cigarette con- These provisions state that any final Mr. President, we propose a revenue sumption rates reaching catastrophic legislation should include: stiff pen- pipeline to the public health rather levels; other States have a more press- alties to serve as an incentive for the than relying on the Rubik’s cube pay- ing problem with chewing—or smoke- industry to stop targeting kids, full au- ment scheme offered by the industry. less—tobacco. thority for the Food and Drug Admin- Under my bill, excise tax increases will Mr. President, the remaining 25 per- istration to regulate tobacco, disclo- turn teenagers away from cigarettes cent of PHAER funds—an average of $5 sure of documents, restrictions on sec- and the proceeds of the increase will go billion per year—will be available at ondhand smoke, ingredient and con- directly to benefit America’s health. the Federal level to expand critical re- stituent disclosure and a ban on the These funds are targeted to public search at the National Institutes of use of Federal Government resources

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11360 CONGRESSIONAL RECORD — SENATE October 29, 1997 to weaken nondiscriminatory public public health groups supporting the ap- ‘‘In the case of ciga- The applicable rate health laws abroad. proach taken in this legislation be en- rettes removed dur- is: ing: Already this year, several key pieces tered into the RECORD. This includes a 1999 ...... $37.00 of tobacco legislation have been intro- letter from the ENACT Coalition, 2000 ...... $67.00 duced that should be part of congres- which is signed by the American Med- 2001 ...... $92.00 sional action next year on tobacco. I ical Association, the American Cancer 2002 ...... $94.50.; have introduced the Tobacco Disclo- Society, the American Heart Associa- sure and Warning Act, dealing with in- tion, American Academy of Pediatrics, and (2) by striking paragraph (2) and inserting gredient labeling, the Smoke-Free En- American College of Preventive Medi- vironment Act, which would restrict the following: cine, National Association of County ‘‘(2) LARGE CIGARETTES.— secondhand smoke, and the Worldwide and City Health Officials, Partnership ‘‘(A) IN GENERAL.—Except as provided in Tobacco Disclosure Act, which would for Prevention, and the Campaign for subparagraph (B), on cigarettes, weighing set out our international trade policy Tobacco-Free Kids. In addition, I am more than 3 pounds per thousand, the appli- on tobacco. I have also cosponsored inserting letters from the American cable rate per thousand determined in ac- Senator DURBIN’s legislation, the No Lung Association and the National As- cordance with the following table: Tobacco for Kids Act, which would set sociation of Counties, which also indi- ‘‘In the case of ciga- The applicable rate up real penalties to stop the industry cated support for the introduction of rettes removed dur- is: from targeting kids. the PHAER legislation. ing: In addition, along with Minnesota I also ask unanimous consent to in- 1998 ...... $25.20 State Attorney General Humphrey and sert the bill, a fact sheet, and a chart 1999 ...... $77.70 others, I have called for a full disclo- 2000 ...... $140.70 reflecting how many more lives would sure of hidden documents from the in- be saved under the PHAER Act as op- 2001 ...... $193.20 dustry, including those that have been posed to the tobacco industry’s pro- 2002 ...... $198.45. fraudulently concealed under the cloak posed settlement into the RECORD. ‘‘(B) EXCEPTION.—On cigarettes more than of the attorney-client privilege. I have 1 There being no objection, the mate- 6 ⁄2 inches in length, at the rate prescribed asked relevant committee chairmen to for cigarettes weighing not more than 3 rial was ordered to be printed in the subpoena documents being held by pounds per thousand, counting each 23⁄4 RECORD, as follows: Minnesota courts because Congress inches, or fraction thereof, of the length of must have the unfiltered truth before S. 1343 each as one cigarette.’’ we legislate on such a critical issue. Be it enacted by the Senate and House of Rep- (b) CIGARS.—Subsection (a) of section 5701 Hopefully, Mr. President, the State resentatives of the United States of America in of such Code is amended— Congress assembled, (1) by striking ‘‘$1.125 cents per thousand of Minnesota will do what the Congress (93.75 cents per thousand on cigars removed of the United States has so far failed to SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.—This Act may be cited as during 1991 or 1992),’’ in paragraph (1) and in- do. Minnesota—which did not sign on the ‘‘Public Health and Education Resource serting ‘‘the applicable rate per thousand de- to the supposedly ‘‘global’’ tobacco set- (PHAER) Act’’. termined in accordance with the following tlement—is expected to go to trial in (b) TABLE OF CONTENTS.—The table of con- table: January. That case should bring sig- tents of this Act is as follows: ‘‘In the case of ci- The applicable rate is: nificant information to light—informa- Sec. 1. Short title; table of contents. gars removed tion on tobacco and health that will be TITLE I—IMPOSITION OF INCREASED during: critical to crafting appropriate legisla- TAXES ON TOBACCO PRODUCTS 1998 ...... $1.125 cents 1999 ...... $3.4687 cents tion in Congress. Sec. 101. Increase in excise tax rate on to- Mr. President, opponents of strength- bacco products in addition to 2000 ...... $6.2822 cents ening the proposed tobacco settlement such increase contained in the 2001 ...... $8.6264 cents assert the industry will ‘‘walk away’’ if Balanced Budget Act of 1997. 2002 ...... $8.8588 cents.’’; any legislation is too favorable to the Sec. 102. Tax treatment for certain tobacco- and public health. Last time I checked the related expenses. (2) by striking paragraph (2) and inserting the following: Constitution of the United States, only TITLE II—PHAER TRUST FUND ‘‘(2) LARGE CIGARS.—On cigars, weighing duly elected U.S. Senators could vote Sec. 201. Public Health and Education Re- source Trust Fund. more than 3 pounds per thousand, the appli- in this Chamber, and only Members, cable percentage of the price for which sold staff, and former Members could have TITLE III—FEDERAL STANDARDS WITH but not more that the applicable rate per access to the floor. As far as I’m con- RESPECT TO TOBACCO PRODUCTS thousand determined in accordance with the cerned, the tobacco industry can walk Sec. 301. Federal standards with respect to following table: tobacco products. anywhere it wants to—but not onto In the case of The applica- The applica- TITLE IV—SENSE OF THE SENATE this floor to cast votes for or lobby cigars re- ble per- ble rate is: against this legislation. Sec. 401. Sense of the Senate regarding com- moved dur- centage is:. Mr. President, all of us were elected prehensive tobacco legislation. ing:. to serve the people of our individual TITLE I—IMPOSITION OF INCREASED 1998 ...... 12.750% ... $30.00 States and the Nation as a whole. TAXES ON TOBACCO PRODUCTS 1999 ...... 39.312% ... $92.50 There are few things that I could do for SEC. 101. INCREASE IN EXCISE TAX RATE ON TO- 2000 ...... 71.189% ... $167.50 2001 ...... 97.753% ... $230.00 the people of New Jersey—especially BACCO PRODUCTS IN ADDITION TO SUCH INCREASE CONTAINED IN THE 2002 ...... 100.407% ... $236.25.’’ the young people and their parents— BALANCED BUDGET ACT OF 1997. that are more critical than preventing (a) CIGARETTES.—Subsection (b) of section (c) CIGARETTE PAPERS.—Subsection (c) of children from inhaling a deadly and ad- 5701 of the Internal Revenue Code of 1986 is section 5701 of such Code is amended to read dicting toxin into their body. amended— as follows: Mr. President, I urge my colleagues (1) by striking ‘‘$12 per thousand ($10 per ‘‘(c) CIGARETTE PAPERS.— to cosponsor the PHAER legislation. It thousand on cigarettes removed during 1991 ‘‘(1) IN GENERAL.—Except as provided in or 1992);’’ in paragraph (1) and inserting ‘‘the is not time to strike a deal with Big paragraph (2), on each book or set of ciga- applicable rate per thousand determined in Tobacco, but rather it is time to make rette papers containing more than 25 papers, accordance with the following table: manufactured in or imported into the United a healthy future real for America’s ‘‘In the case of ciga- The applicable rate States, there shall be imposed a tax of the kids. rettes removed dur- is: applicable rate for each 50 papers or frac- Mr. President, I ask unanimous con- ing: tional part thereof as determined in accord- sent that letters I have received from 1998 ...... $12.00 ance with the following table:

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0655 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11361 (b)(2)) applicable to the preceding calendar ‘‘In the case of ‘‘In the case of year (after the application of this sub- cigarette pa- The applicable rate is: pipe tobacco section) shall be increased by an amount pers removed removed dur- equal to— during: ing: The applicable rate is: ‘‘(1) such dollar amount (or percentage), 1998 ...... 0.75 cent 1998 ...... 67.5 cents multiplied by 1999 ...... 2.31 cents 1999 ...... $2.0812 cents ‘‘(2) the greatest of— 2000 ...... 4.18 cents 2000 ...... $3.7705 cents ‘‘(A) the cost-of-living adjustment deter- 2001 ...... 5.74 cents 2001 ...... $5.1774 cents mined under section 1(f)(3) for such calendar 2002 ...... 5.91 cents. 2002 ...... $5.3157 cents.’’ year by substituting ‘the second preceding ‘‘(2) EXCEPTION.—If cigarette papers meas- (g) IMPOSITION OF EXCISE TAX ON MANUFAC- calendar year’ for ‘calendar year 1992’ in sub- ure more than 61⁄2 inches in length, such cig- TURE OR IMPORTATION OF ROLL-YOUR-OWN TO- paragraph (B) thereof, arette papers shall be taxable at the rate BACCO.— ‘‘(B) the medical consumer price index for prescribed, counting each 23⁄4 inches, or frac- (1) IN GENERAL.—Section 5701 of such Code such calendar year determined in the same tion thereof, of the length of each as one cig- (relating to rate of tax) is amended by redes- manner as the adjustment described in sub- arette paper.’’ ignating subsection (g) as subsection (h) and paragraph (A), or (d) CIGARETTE TUBES.—Subsection (d) of by inserting after subsection (f) the fol- ‘‘(C) 3 percent. section 5701 of such Code is amended to read lowing new subsection: ‘‘(j) FLOOR STOCKS TAXES.— as follows: ‘‘(g) ROLL-YOUR-OWN TOBACCO.—On roll- your-own tobacco, manufactured in or im- ‘‘(1) IMPOSITION OF TAX.—On tobacco prod- ‘‘(d) CIGARETTE TUBES.— ported into the United States, there shall be ucts and cigarette papers and tubes manufac- ‘‘(1) IN GENERAL.—Except as provided in imposed a tax of the applicable rate per tured in or imported into the United States paragraph (2), on cigarette tubes, manufac- pound determined in accordance with the which are removed before any tax increase tured in or imported into the United States, following table (and a proportionate tax at date, and held on such date for sale by any there shall be imposed a tax of the applicable person, there is hereby imposed a tax in an rate for each 50 tubes or fractional part the like rate on all fractional parts of a thereof as determined in accordance with the pound): amount equal to the excess of— ‘‘(A) the tax which would be imposed under following table: ‘‘In the case of The applicable rate is: any preceding subsection of this section on roll-your-own ‘‘In the case of The applicable rate is: the article if the article had been removed on cigarette tubes tobacco re- such date, over removed dur- moved during: ing: 1998 ...... 67.5 cents ‘‘(B) the prior tax (if any) imposed under 1998 ...... 1.50 cents 1999 ...... $2.0812 cents such subsection on such article. 1999 ...... 4.62 cents 2000 ...... $3.7705 cents ‘‘(2) LIABILITY FOR TAX AND METHOD OF PAY- 2000 ...... 8.39 cents 2001 ...... $5.1774 cents MENT.— 2001 ...... 11.53 cents 2002 ...... $5.3157 cents.’’ ‘‘(A) LIABILITY FOR TAX.—A person holding 2002 ...... 11.82 cents. (2) ROLL-YOUR-OWN TOBACCO.—Section 5702 cigarettes on any tax increase date, to which of such Code (relating to definitions) is any tax imposed by paragraph (1) applies ‘‘(2) EXCEPTION.—If cigarette tubes meas- amended by adding at the end the following shall be liable for such tax. ure more than 61⁄2 inches in length, such cig- ‘‘(B) METHOD OF PAYMENT.—The tax im- arette tubes shall be taxable at the rate pre- new subsection: ‘‘(p) ROLL-YOUR-OWN TOBACCO.—The term posed by paragraph (1) shall be paid in such scribed, counting each 23⁄4 inches, or fraction manner as the Secretary shall prescribe by thereof, of the length of each as one ciga- ‘roll-your-own tobacco’ means any tobacco regulations. rette tube.’’ which, because of its appearance, type, pack- aging, or labeling, is suitable for use and ‘‘(C) TIME FOR PAYMENT.—The tax imposed (e) SMOKELESS TOBACCO.—Paragraphs (1) likely to be offered to, or purchased by, con- by paragraph (1) shall be paid on or before and (2) of subsection (e) of section 5701 of sumers as tobacco for making cigarettes.’’ April 1 following any tax increase date. such Code are is amended to read as follows: (3) TECHNICAL AMENDMENTS.— ‘‘(3) ARTICLES IN FOREIGN TRADE ZONES.— ‘‘(1) SNUFF.—On snuff, the applicable rate (A) Subsection (c) of section 5702 of such per pound determined in accordance with the Notwithstanding the Act of June 18, 1934 (48 Code is amended by striking ‘‘and pipe to- following table (and a proportionate tax at Stat. 998, 19 U.S.C. 81a) and any other provi- bacco’’ and inserting ‘‘pipe tobacco, and roll- the like rate on all fractional parts of a sion of law, any article which is located in a your-own tobacco’’. pound): foreign trade zone on any tax increase date, (B) Subsection (d) of section 5702 of such shall be subject to the tax imposed by para- ‘‘In the case of The applicable rate is: Code is amended— graph (1) if— snuff removed (i) in the material preceding paragraph (1), during: ‘‘(A) internal revenue taxes have been de- by striking ‘‘or pipe tobacco’’ and inserting termined, or customs duties liquidated, with 1998 ...... 36 cents ‘‘pipe tobacco, or roll-your-own tobacco’’, respect to such article before such date pur- 1999 ...... $1.11 and suant to a request made under the 1st pro- 2000 ...... $2.01 (ii) by striking paragraph (1) and inserting viso of section 3(a) of such Act, or 2001 ...... $2.76 the following new paragraph: 2002 ...... $2.835 cents. ‘‘(1) a person who produces cigars, ciga- ‘‘(B) such article is held on such date under rettes, smokeless tobacco, pipe tobacco, or the supervision of a customs officer pursuant ‘‘(2) CHEWING TOBACCO.—On chewing to- to the 2d proviso of such section 3(a). bacco, the applicable rate per pound deter- roll-your-own tobacco solely for the person’s ‘‘(4) TAX INCREASE DATE.—The term ‘‘tax mined in accordance with the following table own personal consumption or use, and’’. increase date’’ means January 1. (and a proportionate tax at the like rate on (C) The chapter heading for chapter 52 of ‘‘(5) CONTROLLED GROUPS.—Rules similar to all fractional parts of a pound): such Code is amended to read as follows: the rules of section 5061(e)(3) shall apply for ‘‘CHAPTER 52—TOBACCO PRODUCTS AND ‘‘In the case of The applicable rate is: purposes of this subsection. chewing to- CIGARETTE PAPERS AND TUBES’’. ‘‘(6) OTHER LAWS APPLICABLE.—All provi- bacco removed (D) The table of chapters for subtitle E of sions of law, including penalties, applicable during: such Code is amended by striking the item with respect to the taxes imposed by the pre- 1998 ...... 12 cents relating to chapter 52 and inserting the fol- 1999 ...... 37 cents lowing new item: ceding subsections of this section shall, inso- 2000 ...... 67 cents far as applicable and not inconsistent with ‘‘CHAPTER 52. Tobacco products and cigarette the provisions of this subsection, apply to 2001 ...... 92 cents papers and tubes.’’ 2002 ...... 94.5 cents.’’ the floor stocks taxes imposed by paragraph (h) INFLATION ADJUSTMENT OF RATES AND (1), to the same extent as if such taxes were (f) PIPE TOBACCO.—Subsection (f) of section FLOOR STOCKS TAXES.—Section 5701 of such imposed by such subsections. The Secretary 5701 of such Code is amended to read as fol- Code, as amended by subsection (g), is may treat any person who bore the ultimate lows: amended by redesignating subsection (h) as burden of the tax imposed by paragraph (1) ‘‘(f) PIPE TOBACCO.—On pipe tobacco, man- subsection (j) and by inserting after sub- as the person to whom a credit or refund ufactured in or imported into the United section (g) the following: under such provisions may be allowed or States, there shall be imposed a tax of the ‘‘(h) INFLATION ADJUSTMENT.—In the case of made.’’ applicable rate per pound determined in ac- a calendar year after 2002, the dollar amount (i) MODIFICATIONS OF CERTAIN TOBACCO TAX cordance with the following table (and a pro- contained in the table in each of the pre- PROVISIONS.— portionate tax at the like rate on all frac- ceding subsections (and the percentage con- tional parts of a pound): tained in the table contained in subsection

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(1) EXEMPTION FOR EXPORTED TOBACCO (C) The heading for subchapter B of chap- school and community-based tobacco edu- PRODUCTS AND CIGARETTE PAPERS AND TUBES ter 52 of such Code is amended by inserting cation, prevention, and treatment programs. TO APPLY ONLY TO ARTICLES MARKED FOR EX- ‘‘and Importers’’ after ‘‘Manufacturers’’. ‘‘(ii) Not less than 10 nor more than 30 per- PORT.— (D) The item relating to subchapter B in cent of such amounts to State and local (A) Subsection (b) of section 5704 of such the table of subchapters for chapter 52 of smoking cessation programs and services, in- Code is amended by adding at the end the such Code is amended by inserting ‘‘and im- cluding pharmacological therapies. following new sentence: ‘‘Tobacco products porters’’ after ‘‘manufacturers’’. ‘‘(iii) Not less than 10 nor more than 30 per- and cigarette papers and tubes may not be (3) BOOKS OF 25 OR FEWER CIGARETTE PAPERS cent of such amounts to State and local transferred or removed under this subsection SUBJECT TO TAX.—Subsection (c) of section counter advertising programs. unless such products or papers and tubes 5701 of such Code is amended by striking ‘‘On ‘‘(iv) Not less than 10 nor more than 25 per- bear such marks, labels, or notices as the each book or set of cigarette papers con- cent of such amounts to the State Children’s Secretary shall by regulations prescribe.’’ taining more than 25 papers,’’ and inserting Health Insurance Program under title XXI of (B) Section 5761 of such Code is amended by ‘‘On cigarette papers,’’. the Social Security Act (42 U.S.C. 1397aa et redesignating subsections (c) and (d) as sub- (4) STORAGE OF TOBACCO PRODUCTS.—Sub- seq.) to be in addition to the amount appro- sections (d) and (e), respectively, and by in- section (k) of section 5702 of such Code is priated under section 2104 of such Act. serting after subsection (b) the following new amended by inserting ‘‘under section 5704’’ ‘‘(v) Not less than 5 nor more than 10 per- subsection: after ‘‘internal revenue bond’’. cent of such amounts to— ‘‘(c) SALE OF TOBACCO PRODUCTS AND CIGA- (5) AUTHORITY TO PRESCRIBE MINIMUM MANU- ‘‘(I) the Special Supplemental Food Pro- RETTE PAPERS AND TUBES FOR EXPORT.—Ex- FACTURING ACTIVITY REQUIREMENTS.—Section gram for Women, Infants, and Children under cept as provided in subsections (b) and (d) of 5712 of such Code is amended by striking section 17 of the Child Nutrition Act of 1966 section 5704— ‘‘or’’ at the end of paragraph (1), by redesig- (42 U.S.C. 1786) to be in addition to the ‘‘(1) every person who sells, relands, or re- nating paragraph (2) as paragraph (3), and by amount appropriated under such section, or ceives within the jurisdiction of the United inserting after paragraph (1) the following ‘‘(II) the Maternal and Child Health Serv- States any tobacco products or cigarette pa- new paragraph: ices Block Grant program under title V of pers or tubes which have been labeled or ‘‘(2) the activity proposed to be carried out the Social Security Act (42 U.S.C. 701 et seq.) shipped for exportation under this chapter, at such premises does not meet such min- to be in addition to the amount appropriated ‘‘(2) every person who sells or receives such imum capacity or activity requirements as under such title, or relanded tobacco products or cigarette pa- the Secretary may prescribe, or’’. ‘‘(III) a combination of both programs as pers or tubes, and (j) REPEAL OF DUPLICATIVE PROVISIONS.— determined by the State. ‘‘(3) every person who aids or abets in such Section 9302 (other than subsection (i)(2)) of ‘‘(vi) Not less than 1 nor more than 3 per- selling, relanding, or receiving, the Balanced Budget Act of 1997 is repealed. cent of such amounts to the American Stop shall, in addition to the tax and any other (k) EFFECTIVE DATE.—The amendments Smoking Intervention Study for Cancer Pre- penalty provided in this title, be liable for a and repeal made by this section shall apply vention (ASSIST) program for such State or penalty equal to the greater of $1,000 or 5 to articles removed (as defined in section other State or local community-based to- times the amount of the tax imposed by this 5702(k) of the Internal Revenue Code of 1986, bacco control programs. chapter. All tobacco products and cigarette as amended by this section) after December ‘‘(vii) Not more than 5 percent of such papers and tubes relanded within the juris- 31, 1997. amounts to a State general health care block diction of the United States, and all vessels, SEC. 102. TAX TREATMENT FOR CERTAIN TO- grant program. vehicles, and aircraft used in such relanding BACCO-RELATED EXPENSES. ‘‘(B) ALLOCATION RULES.—For purposes of or in removing such products, papers, and (a) IN GENERAL.—Section 275(a) of the In- subparagraph (A), the applicable percentage tubes from the place where relanded, shall be ternal Revenue Code of 1986 (relating to cer- for any State is determined in accordance forfeited to the United States.’’ tain taxes) is amended by inserting after with the following table: (C) Subsection (a) of section 5761 of such paragraph (6) the following: Code is amended by striking ‘‘subsection (b)’’ ‘‘(7) Taxes imposed by chapter 52, but only State Applicable and inserting ‘‘subsection (b) or (c)’’. in an amount determined at rates in excess Percentage (D) Subsection (d) of section 5761 of such of the rates of such taxes effective in 1998.’’ Alabama ...... 1.270390 Code, as redesignated by subparagraph (B), is (b) EFFECTIVE DATE.—The amendment Alaska ...... 0.241356 amended by striking ‘‘The penalty imposed made by this section shall apply to taxable Arizona ...... 1.163883 by subsection (b)’’ and inserting ‘‘The pen- years beginning after December 31, 1998. Arkansas ...... 0.751011 alties imposed by subsections (b) and (c)’’. TITLE II—PHAER TRUST FUND California ...... 8.805641 (E)(i) Subpart F of chapter 52 of such Code Colorado ...... 1.054018 SEC. 201. PUBLIC HEALTH AND EDUCATION RE- Connecticut ...... 1.596937 is amended by adding at the end the fol- SOURCE TRUST FUND. Delaware ...... 0.227018 lowing new section: (a) IN GENERAL.—Subchapter A of chapter District of Columbia ...... 0.534487 ‘‘SEC. 5754. RESTRICTION ON IMPORTATION OF 98 of the Internal Revenue Code of 1986 (re- PREVIOUSLY EXPORTED TOBACCO lating to trust fund code) is amended by add- Florida ...... 3.590667 PRODUCTS. ing at the end the following new section: Georgia ...... 2.007112 Hawaii ...... 0.642527 ‘‘(a) IN GENERAL.—Tobacco products and ‘‘SEC. 9512. PUBLIC HEALTH AND EDUCATION RE- cigarette papers and tubes previously ex- SOURCE TRUST FUND. Idaho ...... 0.257835 ported from the United States may be im- ‘‘(a) CREATION OF TRUST FUND.—There is Illinois ...... 4.272898 ported or brought into the United States established in the Treasury of the United Indiana ...... 1.714594 only as provided in section 5704(d). For pur- States a trust fund to be known as the ‘Pub- Iowa ...... 0.758686 poses of this section, section 5704(d), section lic Health and Education Resource Trust Kansas ...... 0.762230 5761, and such other provisions as the Sec- Fund’ (hereafter referred to in this section as Kentucky ...... 1.875439 retary may specify by regulations, references the ‘PHAER Trust Fund’), consisting of such Louisiana ...... 1.916886 to exportation shall be treated as including a amounts as may be appropriated or trans- Maine ...... 0.870740 reference to shipment to the Commonwealth ferred to the Trust Fund as provided in this Maryland ...... 2.051849 of Puerto Rico. section or section 9602(b). Massachusetts ...... 3.700447 ‘‘(b) CROSS REFERENCE.— ‘‘(b) TRANSFERS TO TRUST FUND.—There is Michigan ...... 4.431824 ‘‘For penalty for the sale of tobacco prod- hereby appropriated to the Trust Fund an Minnesota ...... 2.474364 ucts and cigarette papers and tubes in the amount equivalent to the net increase in Mississippi ...... 0.851450 United States which are labeled for export, revenues received in the Treasury attrib- Missouri ...... 1.659116 see section 5761(c).’’ utable to the amendments made by section 2 Montana ...... 0.335974 (ii) The table of sections for subpart F of of the Public Health and Education Resource Nebraska ...... 0.445356 chapter 52 of such Code is amended by adding (PHAER) Act as estimated by the Secretary. Nevada ...... 0.307294 at the end the following new item: ‘‘(c) OBLIGATIONS FROM TRUST FUND.— New Hampshire ...... 0.552048 ‘‘(1) STATE PROGRAMS.— New Jersey ...... 3.494187 ‘‘Sec. 5754. Restriction on importation of pre- ‘‘(A) IN GENERAL.—An applicable percent- New Mexico ...... 0.465816 viously exported tobacco prod- age of 75 percent of the amounts available in New York ...... 4.529380 ucts.’’ the Trust Fund in a fiscal year shall be dis- North Carolina ...... 2.097625 (2) IMPORTERS REQUIRED TO BE QUALIFIED.— tributed by the Secretary of Health and North Dakota ...... 0.250758 (A) Sections 5712, 5713(a), 5721, 5722, Human Services to each State meeting the Ohio ...... 4.690156 5762(a)(1), and 5763 (b) and (c) of such Code requirements of subparagraphs (C) and (D) to Oklahoma ...... 0.841972 are each amended by inserting ‘‘or importer’’ be used by such State and by local govern- Oregon ...... 1.092920 after ‘‘manufacturer’’. ment entities within such State in such fis- Pennsylvania ...... 5.233270 (B) The heading of subsection (b) of section cal year and the succeeding fiscal year in the Rhode Island ...... 0.821727 5763 of such Code is amended by inserting following manner: South Carolina ...... 0.883628 ‘‘QUALIFIED IMPORTERS,’’ after ‘‘MANUFAC- ‘‘(i) Not less than 10 nor more than 30 per- South Dakota ...... 0.234849 TURERS,’’. cent of such amounts to State and local Tennessee ...... 2.479873

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State Applicable ‘‘(vi) 2 percent of such amounts to the Of- THE PUBLIC HEALTH AND EDUCATION Percentage fice of the Administrator of the Agency for RESOURCE [PHAER] ACT Texas ...... 4.451382 International Development to be allocated PHAER would raise the price of cigarettes Utah ...... 0.330016 at the Administrator’s discretion to to a level that would decrease youth smok- Vermont ...... 0.370244 strengthen international efforts to control ing by half. Virginia ...... 1.373860 tobacco. PHAER would place a $1.50 Public Health Washington ...... 1.794612 ‘‘(vii) 2 percent of such amounts to the Of- and Education Resource (PHAER) per-pack West Virginia ...... 1.003660 fice of the Director of the Office of National Wisconsin ...... 2.098696 fee on cigarettes and a comparable fee on Wyoming ...... 0.122405 Drug Control Policy to be allocated at the other tobacco products. American Samoa ...... 0.008681 Director’s discretion to conduct tobacco edu- The PHAER fee would be phased in by 50- N. Mariana Islands ...... 0.001519 cation and prevention programs. cent increments over three years. Guam ...... 0.006506 ‘‘(viii) 1 percent of such amounts to the Of- In the fourth year, the PHAER fee would U.S. Virgin Islands ...... 0.004804 fice of the Secretary of Veterans Affairs to be indexed for inflation to ensure that youth Puerto Rico ...... 0.193175 be allocated at the Secretary’s discretion to smoking does not rise again due to infla- tionary effects. This index will be based on ‘‘(C) STATE PLANS FOR CERTAIN ALLOCA- conduct tobacco education, intervention, and the CPI, the Medical CPI or an increase of TIONS.—Each State, working in collaboration outreach programs. with local government entities, shall submit ‘‘(B) GRANTS AND CONTRACTS FULLY FUNDED 3%, whichever is greater. The PHAER fee will raise approximately a plan to the Secretary of Health and Human IN FIRST YEAR.—With respect to any grant or $494 billion over 25 years (using the tobacco Services for approval for an allocation under contract funded by amounts distributed consumption projections of the Joint Com- the programs described in subparagraph (A), under paragraph (1), the full amount of the mittee on Taxation), an average of almost specifying the percentage share for each pro- total obligation of such grant or contract shall be funded in the first year of such grant $20 billion per year. Of these funds: gram. Each State plan shall provide for an 75% (an average of $15 billion per year) will equitable allocation of funds to local govern- or contract, and shall remain available until expended.’’ be distributed at the State level for: Smok- ment entities, specifically in relation to ing cessation programs and services; school (b) CONFORMING AMENDMENT.—The table of local government tobacco-related health and community-based tobacco education and sections for such subchapter A is amended by care needs and anti-tobacco education, pre- prevention programs; State-level counter-ad- adding at the end the following new item: vention, and control activities. If a State vertising campaigns; ASSIST and similar fails to provide any component of a State ‘‘Sec. 9512. Public Health and Education Re- community-based tobacco control programs; plan with respect to any program allocation source Trust Fund.’’ expansion of the Children’s Health Insurance or if the Secretary of Health and Human Program created in the 1977 Budget Rec- Services disapproves any such component, TITLE III—FEDERAL STANDARDS WITH RESPECT TO TOBACCO PRODUCTS onciliation Act; early childhood development the Secretary may make the allocation for programs through the Maternal Child Health such program to 1 or more local government SEC. 301. FEDERAL STANDARDS WITH RESPECT Block Grant and WIC; and other appropriate TO TOBACCO PRODUCTS. or private entities located in such State pur- public health uses. suant to plans submitted by such entities (a) CIGARETTES.—Subsection (b) of section 25% (an average of $5 billion per year) will and approved by the Secretary. 5 of the Federal Cigarette Labeling And Ad- be distributed at the Federal level for: Re- ‘‘(D) PROHIBITION OF SUPPLANTATION OF vertising Act (15 U.S.C. 1334(b)) is repealed. search and prevention programs at NIH and STATE FUNDS.—Each State shall demonstrate (b) SMOKELESS TOBACCO.—Subsection (b) of CDC; FDA jurisdiction over tobacco prod- to the satisfaction of the Secretary of Health section 7 of the Comprehensive Smokeless ucts; USDA programs to assist tobacco farm- and Human Services that an allocation to a Tobacco Health Education Act of 1986 (15 ers, their families and their communities; a State under a program described in subpara- U.S.C. 4406(b)) is repealed. national counter-advertising campaign; graph (A) in any fiscal year shall be used to TITLE IV—SENSE OF THE SENATE Medicare prevention programs and premium supplement, not supplant, existing funding and cost-sharing assistance for low-income for such program. SEC. 401. SENSE OF THE SENATE REGARDING Medicare beneficiaries; International Pro- ‘‘(2) FEDERAL PROGRAMS.— COMPREHENSIVE TOBACCO LEGIS- grams to decrease worldwide tobacco-related LATION. ‘‘(A) IN GENERAL.—Twenty-five percent of illness; the Drug Czar to conduct tobacco the amounts available in the Trust Fund in It is the sense of the Senate that any final education and prevention programs; and the a fiscal year shall be distributed in the fol- comprehensive tobacco legislation funded by VA to conduct tobacco education, interven- lowing manner: the PHAER Trust Fund under section 9512 of tion and outreach programs. ‘‘(i) 10 percent of such amounts to the Of- the Internal Revenue Code of 1986, as added fice of the Commissioner of Food and Drug by section 201 of this Act, must include, at EFFECTIVE NATIONAL ACTION Administration to be allocated at the Com- the very least, the following additional ele- TO CONTROL TOBACCO, missioner’s discretion to conduct tobacco ments: Washington, DC, October 28, 1997. control activities. (1) Stiff penalties that give the tobacco in- Hon. FRANK R. LAUTENBERG, ‘‘(ii) 25 percent of such amounts to the Of- dustry the strongest possible incentive to U.S. Senate. fice of the Secretary of Agriculture to be al- stop targeting children. Hon. JAMES V. HANSEN, located at the Secretary’s discretion to pro- (2) Full authority for the Food and Drug House of Representatives. tect the financial well-being of tobacco farm- Administration to regulate tobacco like any DEAR SENATOR AND CONGRESSMAN: On be- ers, their families, and their communities. other drug or device with sufficient flexi- half of our millions of public health officials ‘‘(iii) 20 percent of such amounts to be allo- bility to meet changing circumstances. and professionals, health care providers and cated at the discretion of the Secretary of (3) Codification of the Food and Drug Ad- volunteer members of ENACT, the coalition Health and Human Services to— ministration’s initiative to prevent teen for Effective National Action To Control To- ‘‘(I) the Office of the Director of the Na- smoking and the imposition of stronger re- bacco, we applaud the introduction of the tional Institutes of Health to be allocated at strictions on youth access and advertising Public Health and Education Resource the Director’s discretion to conduct disease consistent with the United States Constitu- (PHAER) Act. research, and tion. We particularly want to thank you for ‘‘(II) the Office of the Director of the Cen- (4) Broad disclosure of tobacco industry your leadership in reaffirming what the ters for Disease Control and Prevention to be documents, including documents that have members of the coalition have said in the allocated at the Director’s discretion to de- been hidden under false claims of the attor- ENACT consensus statement regarding in- crease smoking. ney-client privilege. creases in the cost of tobacco products. Ex- ‘‘(iv) 20 percent of such amounts to the Of- (5) Efforts to ensure that the tobacco in- perts in the area of tobacco control agree fice of the Secretary of Health and Human dustry stops marketing and promoting to- that significant increases in the cost per Services to be allocated at the Secretary’s bacco to children, including comprehensive pack deter children and others from taking discretion— corporate compliance programs. up the use of tobacco. The ENACT coalition ‘‘(I) to conduct prevention programs re- (6) Elimination of secondhand tobacco believes strongly that such an increase in sulting from the study under section 4108 of smoke in public and private buildings in the federal excise tax is essential. the Balanced Budget Act of 1997, and which 10 or more people regularly enter. In addition to providing for a $1.50 excise ‘‘(II) to increase the Federal payment for (7) Disclosure of the ingredients and con- tax per pack, indexed to inflation, and the the coverage of qualified medicare bene- stituents of all tobacco products to the pub- nondeductibility of those new taxes, you ficiaries under section 1902(a)(10)(E)(i) of the lic and the imposition of more prominent have addressed many essential public health Social Security Act (42 U.S.C. health warning labels on packaging to send a programs. Adequate funding of these pro- 1396a(a)(10)(E)(i)) and specified low-income strong and clear message to children about grams is integral to comprehensive, sustain- medicare beneficiaries under section the dangers of tobacco use. able, effective, well-funded tobacco control 1902(a)(10)(E)(iii) of such Act (42 U.S.C. (8) A prohibition on the use of Federal Gov- legislation. We look forward to working with 1396a(a)(10)(E)(iii)). ernment resources to weaken nondiscrim- you and the supporters of your legislation to ‘‘(v) 20 percent of such amounts to fund a inatory public health laws or promote to- get action on tobacco now. national counter advertising program. bacco sales abroad. Signed,

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11364 CONGRESSIONAL RECORD — SENATE October 29, 1997 AMERICAN ACADEMY OF very responsive to our concerns. NACo looks kota [Mr. DORGAN] was added as a co- PEDIATRICS. forward to working with you and your staff sponsor of S. 219, a bill to amend the AMERICAN CANCER SOCIETY. as tobacco legislation moves forward. Trade Act of 1974 to establish proce- AMERICAN COLLEGE OF Very Truly Yours, dures for identifying countries that PREVENTIVE MEDICINE. RANDY JOHNSON, deny market access for value-added ag- AMERICAN HEART President, NACo, ASSOCIATION. Hennepin County Commissioner. ricultural products of the United AMERICAN MEDICAL States. ASSOCIATION. S. 222 CAMPAIGN FOR TOBACCO PHAER: REDUCTION IN YOUTH SMOKING AND INCREASE IN At the request of Mr. DOMENICI, the FREE KIDS. LIVES SAVED name of the Senator from Nebraska NATIONAL ASSOCIATION OF Additional [Mr. KERREY] was added as a cosponsor COUNTY AND CITY HEALTH Youth smok- Youth smok- lives saved of S. 222, a bill to establish an advisory OFFICIALS. ing reduc- ing reduc- under tion under tion under commission to provide advice and rec- PARTNERSHIP FOR State $1.50-per- Industry/AG $1.50-per- pack tax vs. ommendations on the creation of an in- PREVENTION. settlement pack tax Industry/AG (percent) 1 (percent) 1 tegrated, coordinated Federal policy settlement 1 AMERICAN LUNG ASSOCIATION, designed to prepare for and respond to Washington, DC, October 23, 1997. Alabama ...... 25.1 60.6 29,666 serious drought emergencies. Alaska ...... 19.6 47.3 4,996 Hon. FRANK LAUTENBERG, Arizona ...... 18.9 45.6 26,359 S. 358 U.S. Senate, Arkansas ...... 23.1 55.9 16,351 At the request of Mr. DEWINE, the Washington, DC. California ...... 20.9 50.6 137,480 Colorado ...... 24.1 58.2 29,680 name of the Senator from New Mexico DEAR SENATOR LAUTENBERG: The American Connecticut ...... 20.0 48.5 15,962 [Mr. BINGAMAN] was added as a cospon- Lung Association commends you on the in- Delaware ...... 24.3 58.9 5,725 troduction of the Public Health and Edu- D.C...... 18.2 44.0 1,272 sor of S. 358, a bill to provide for com- cation Resource Act (PHAER). As you know, Florida ...... 22.9 55.3 96,439 passionate payments with regard to in- Georgia ...... 26.3 63.7 48,981 the American Lung Association has pursued Hawaii ...... 17.2 41.7 5,051 dividuals with blood-clotting disorders, a significant price increase in the federal Idaho ...... 22.8 55.0 7,875 such as hemophilia, who contracted cigarette excise tax for many years. Illinois ...... 21.0 50.9 77,720 Indiana ...... 26.8 64.9 53,553 human immunodeficiency virus due to Tobacco use is the nation’s leading pre- Iowa ...... 22.1 53.6 16,846 contaminated blood products, and for ventable cause of death and disability. Each Kansas ...... 24.5 59.2 17,103 year an estimated 419,000 people die from dis- Kentucky ...... 28.7 69.4 35,762 other purposes. eases directly caused from smoking. Three Louisiana ...... 25.1 60.6 37,716 S. 440 Maine ...... 22.0 53.3 9,757 thousand children start smoking each day in Maryland ...... 21.9 53.0 26,659 At the request of Mr. FEINGOLD, the this country. One thousand of them will Massachusetts ...... 17.1 41.3 25,617 name of the Senator from Oregon [Mr. eventually die from a smoking-related dis- Michigan ...... 17.9 43.3 58,614 Minnesota ...... 19.3 46.7 26,554 WYDEN] was added as a cosponsor of S. ease. Smoking costs this nation at least $97.2 Mississippi ...... 24.8 59.9 17,165 440, a bill to deauthorize the Animas- billion annually. Of that total cost, $22 bil- Missouri ...... 25.7 62.1 43,386 lion is paid by the Federal government. Over Montana ...... 25.4 61.4 5,416 La Plata Federal reclamation project Nebraska ...... 22.6 54.7 11,396 and to direct the Secretary of the Inte- the next 20 years, Medicare alone will spend Nevada ...... 21.0 50.9 9,434 an estimated $800 billion to care for people New Hampshire ...... 23.6 57.2 7,979 rior to enter into negotiations to sat- with smoking related illnesses. New Jersey ...... 21.5 51.9 41,304 isfy, in a manner consistent with all Reducing tobacco consumption among our New Mexico ...... 23.8 57.5 11,262 New York ...... 18.8 45.4 100,545 Federal laws, the water rights interests nation’s youth has long been a goal of the North Carolina ...... 27.5 66.6 64,751 of the Ute Mountain Ute Indian Tribe American Lung Association. The bulk of aca- North Dakota ...... 21.6 52.2 3,758 demic research indicates that a sharp and Ohio ...... 25.1 60.6 101,429 and the Southern Ute Indian Tribe. Oklahoma ...... 24.3 58.9 22,047 S. 714 sudden increase in the price of tobacco prod- Oregon ...... 21.1 51.1 18,402 ucts has the effect of lowering smoking rates Pennsylvania ...... 23.6 57.2 92,073 At the request of Mr. AKAKA, the among teens. Raising the price per pack by Rhode Island ...... 19.3 46.7 6,433 name of the Senator from South Da- at least $1.50 or more would help achieve South Carolina ...... 27.2 65.8 25,691 South Dakota ...... 23.0 55.6 4,774 kota [Mr. JOHNSON] was added as a co- that desired outcome. Tennessee ...... 26.0 62.9 38,859 sponsor of S. 714, a bill to make perma- The American Lung Association applauds Texas ...... 22.0 53.3 115,888 nent the Native American Veteran your continued efforts and leadership in re- Utah ...... 22.5 54.4 11,127 Vermont ...... 20.7 50.1 3,633 Housing Loan Pilot Program of the De- ducing tobacco consumption, especially Virginia ...... 26.2 63.3 50,287 among our youth, and we look forward to Washington ...... 15.8 38.2 24,163 partment of Veterans Affairs. working with you as this tobacco-related West Virginia ...... 26.0 62.9 14,219 S. 829 Wisconsin ...... 20.8 50.4 34,603 legislation progresses through Congress. Wyoming ...... 25.5 61.7 3,671 At the request of Mrs. BOXER, the Sincerely, name of the Senator from New Jersey Total ...... n/a n/a 1,695,433 FRAN DUMELLE, [Mr. LAUTENBERG] was added as a co- Deputy Managing Director. 1 Source: American Cancer Society, October 1997. sponsor of S. 829, a bill to amend the f Internal Revenue Code of 1986 to en- NATIONAL ASSOCIATION OF COUNTIES, Washington, DC, October 23, 1997. ADDITIONAL COSPONSORS courage the production and use of Hon. FRANK R. LAUTENBERG, clean-fuel vehicles, and for other pur- S. 61 U.S. Senate, Hart Senate Office Building, poses. At the request of Mr. LOTT, the name Washington, DC S. 850 of the Senator from South Dakota [Mr. DEAR SENATOR LAUTENBERG: The National At the request of Mr. AKAKA, the Association of Counties (NACo) is pleased to JOHNSON] was added as a cosponsor of names of the Senator from California support your bill, the Public Health and Edu- S. 61, a bill to amend title 46, United cation Resource (PHAER) Act. The legisla- [Mrs. BOXER] and the Senator from States Code, to extend eligibility for Massachusetts [Mr. KERRY] were added tion is a strong step forward for public veterans’ burial benefits, funeral bene- health activities related to tobacco and as cosponsors of S. 850, a bill to amend helps focus the congressional debate on leg- fits, and related benefits for veterans of the Packers and Stockyards Act, 1921, islative language rather than broad con- certain service in the United States to make it unlawful for any stockyard cepts. merchant marine during World War II. owner, market agency, or dealer to We particularly support your recognition S. 89 transfer or market nonambulatory of the role of counties and other local gov- At the request of Ms. SNOWE, the livestock, and for other purposes. ernments in the provision of health services. name of the Senator from Vermont Counties, in collaboration with states, will S. 852 be key to the success of the public health [Mr. LEAHY] was added as a cosponsor At the request of Mr. LOTT, the programs outlined in the PHAER trust fund, of S. 89, a bill to prohibit discrimina- names of the Senator from North Da- including tobacco education and prevention, tion against individuals and their fam- kota [Mr. CONRAD] and the Senator smoking cessation, and counter advertising. ily members on the basis of genetic in- from South Dakota [Mr. JOHNSON] were NACo appreciates your work to ensure a formation, or a request for genetic added as cosponsors of S. 852, a bill to local government role in the planning and services. establish nationally uniform require- implementation of the trust fund’s health S. 219 activities. ments regarding the titling and reg- Thank you again for your leadership on At the request of Mr. DASCHLE, the istration of salvage, nonrepairable, and this issue. Dan Katz of your staff has been name of the Senator from North Da- rebuilt vehicles.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11365 S. 995 rial in Arlington, Virginia, and for ROTH, Mr. KOHL, Mr. TORRICELLI, Mrs. At the request of Mr. LAUTENBERG, other purposes. FEINSTEIN, Mr. ABRAHAM, Mr. WARNER, the name of the Senator from Wis- S. 1311 Mr. FRIST, Mr. DORGAN, Mr. SPECTER consin [Mr. FEINGOLD] was added as a At the request of Mr. LIEBERMAN, the and Mr. ROBB) submitted the following cosponsor of S. 995, a bill to amend names of the Senator from Connecticut resolution; which was referred to the title 18, United States Code, to prohibit [Mr. DODD], the Senator from Massa- Committee on the Judiciary. certain interstate conduct relating to chusetts [Mr. KENNEDY], and the Sen- S. RES. 141 exotic animals. ator from Wisconsin [Mr. KOHL] were Whereas every day in America, 15 children S. 1024 added as cosponsors of S. 1311, a bill to under the age of 19 are killed with guns; impose certain sanctions on foreign Whereas in 1994, approximately 70 percent At the request of Mr. GRASSLEY, the of murder victims aged 15 to 17 were killed name of the Senator from Iowa [Mr. persons who transfer items contrib- with a handgun; HARKIN] was added as a cosponsor of S. uting to Iran’s efforts to acquire, de- Whereas in 1995, nearly 8 percent of high 1024, a bill to make chapter 12 of title velop, or produce ballistic missiles. school students reported having carried a 11 of the United States Code perma- At the request of Mr. LOTT, the gun in the past 30 days; nent, and for other purposes. names of the Senator from Missouri Whereas young people are our Nation’s most important resource, and we, as a soci- [Mr. ASHCROFT], the Senator from S. 1037 ety, have a vested interest in helping chil- At the request of Mr. JEFFORDS, the South Carolina [Mr. THURMOND], the dren grow from a childhood free from fear name of the Senator from South Da- Senator from Missouri [Mr. BOND], the and violence into healthy adulthood; kota [Mr. JOHNSON] was added as a co- Senator from Montana [Mr. BURNS], Whereas young people can, by taking re- sponsor of S. 1037, a bill to amend the the Senator from South Dakota [Mr. sponsibility for their own decisions and ac- JOHNSON], the Senator from Kentucky tions, and by positively influencing the deci- Internal Revenue Code of 1986 to estab- sions and actions of others, help chart a new [Mr. FORD], the Senator from Delaware lish incentives to increase the demand and less violent direction for the entire Na- for and supply of quality child care, to [Mr. ROTH], the Senator from Vermont tion; provide incentives to States that im- [Mr. LEAHY], and the Senator from In- Whereas students in every school district prove the quality of child care, to ex- diana [Mr. COATS] were added as co- in the Nation will be invited to take part in pand clearing-house and electronic net- sponsors of S. 1311, supra. a day of nationwide observance involving S. 1323 millions of their fellow students, and will works for the distribution of child care thereby be empowered to see themselves as At the request of Mr. HARKIN, the information, to improve the quality of significant agents in a wave of positive so- chlid care provided through Federal fa- name of the Senator from Minnesota cial change; and cilities and programs, and for other [Mr. WELLSTONE] was added as a co- Whereas the observance of this day will purposes. sponsor of S. 1323, a bill to regulate give the students the opportunity to make an earnest decision about their future by S. 1050 concentrated animal feeding oper- ations for the protection of the envi- voluntarily signing the ‘‘Student Pledge At the request of Mr. JEFFORDS, the ronment and public health, and for Against Gun Violence’’, and sincerely prom- name of the Senator from Illinois [Mr. ise that the students will never take a gun to other purposes. DURBIN] was added as a cosponsor of S. school, will never use a gun to settle a dis- 1050, a bill to assist in implementing SENATE RESOLUTION 116 pute, and will use their influence to keep the Plan of Action adopted by the At the request of Mr. LEVIN, the friends from using guns to settle disputes: names of the Senator from Illinois [Mr. Now, therefore, be it World Summit for Children. Resolved, That it is the sense of the Senate DURBIN], the Senator from California S. 1096 that— [Mrs. FEINSTEIN], and the Senator from At the request of Mr. KERREY, the (1) November 6, 1997, should be designated Illinois [Ms. MOSELEY-BRAUN] were names of the Senator from North Da- as ‘‘National Concern About Young People added as cosponsors of Senate Resolu- and Gun Violence Day’’; and kota [Mr. CONRAD] and the Senator tion 116, a resolution designating No- (2) the President should be authorized and from Vermont [Mr. JEFFORDS] were vember 15, 1997, and November 15, 1998, requested to issue a proclamation calling added as cosponsors of S. 1096, a bill to as ‘‘America Recycles Day.’’ upon the school children of the United restructure the Internal Revenue Serv- States to observe such day with appropriate ice, and for other purposes. AMENDMENT NO. 1345 ceremonies and activities. At the request of Mr. BENNETT the S. 1141 Mrs. MURRAY. Mr. President, I rise name of the Senator from Utah [Mr. At the request of Mr. JOHNSON, the today to submit a resolution pro- HATCH] was added as a cosponsor of name of the Senator from Illinois [Mr. claiming November 6, 1997, as National amendment No. 1345 intended to be pro- DURBIN] was added as a cosponsor of S. Concern about Young People and Gun posed to S. 1173, a bill to authorize 1141, a bill to amend the Energy Policy Violence Day. Last year, Senators funds for construction of highways, for Act of 1992 to take into account newly WELLSTONE, SPECTER, and Bradley in- highway safety programs, and for mass developed renewable energy-based fuels troduced this resolution. I am joined transit programs, and for other pur- and to equalize alternative fuel vehicle by Senator KEMPTHORNE and many poses. acquisition incentives to increase the other colleagues today in supporting flexibility of controlled fleet owners AMENDMENT NO. 1346 an identical resolution. We have all and operators, and for other purposes. At the request of Mr. BENNETT the seen the good that can come from fo- name of the Senator from Utah [Mr. cusing attention on young people and S. 1260 HATCH] was added as a cosponsor of helping organizations across the coun- At the request of Mr. GRAMM, the amendment No. 1346 intended to be pro- try mobilize children to stay away name of the Senator from Missouri posed to S. 1173, a bill to authorize from gun violence. [Mr. ASHCROFT] was added as a cospon- funds for construction of highways, for The Day of Concern was initiated by sor of S. 1260, a bill to amend the Secu- highway safety programs, and for mass Mary Lewis Grow, a Minnesota home- rities Act of 1933 and the Securities Ex- transit programs, and for other pur- maker, in 1996. Other groups, such as change Act of 1934 to limit the conduct poses. Mothers Against Violence in America, of securities class actions under State f have joined her effort to establish a law, and for other purposes. Day of Concern. The proclamation of a S. 1284 SENATE RESOLUTION 141—REL- special day of recognition also provided At the request of Mr. ROBERTS, the ATIVE TO THE NATIONAL CON- support to a national effort to encour- names of the Senator from Montana CERN ABOUT YOUNG PEOPLE age students to sign a pledge against [Mr. BURNS], the Senator from New AND GUN VIOLENCE DAY gun violence. In 1996, 32,000 students in Hampshire [Mr. SMITH], and the Sen- Mrs. MURRAY (for herself, Mr. Washington State signed the pledge ator from Rhode Island [Mr. CHAFEE] KEMPTHORNE, Mr. WELLSTONE, Mr. card, as did more than 200,000 children were added as cosponsors of S. 1284, a AKAKA, Mr. CRAIG, Mr. LAUTENBERG, in New York City, and tens of thou- bill to prohibit construction of any Mr. HOLLINGS, Mr. CHAFEE, Mr. BRYAN, sands more across the nation. monument, memorial, or other struc- Ms. COLLINS, Mr. FORD, Mr. SARBANES, The Student Pledge Against Gun Vio- ture at the site of the Iwo Jima Memo- Mr. ROCKEFELLER, Mr. JEFFORDS, Mr. lence calls for a national observance on

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11366 CONGRESSIONAL RECORD — SENATE October 29, 1997 November 6 to give students through- the motion to proceed to the bill (H.R. ‘‘(1) 10 members who are producers, export- out America the chance to make a 1119) to authorize appropriations for ers, or importers (or their representatives), promise, in writing, that they will do fiscal year 1998 for military activities based on a proportional representation of the their part to prevent gun violence. The of the Department of Defense, for mili- level of domestic production and imports of students’ pledge promises three things: tary construction, and for defense ac- kiwifruit (as determined by the Secretary). first, they will never carry a gun to ‘‘(2) 1 member appointed from the general tivities of the Department of Energy, public.’’; school; second, they will never resolve to prescribe personnel strengths for (2) in subsection (b)— a dispute with a gun; and third, they such fiscal year for the Armed Forces, (A) by striking ‘‘MEMBERSHIP.—’’ and all will use their influence with friends to and for other purposes; as follows: that follows through ‘‘paragraph (2), the’’ discourage them from resolving dis- Strike the date and insert ‘‘January 18, and inserting ‘‘MEMBERSHIP.—Subject to the putes with guns. 1998’’. 11-member limit, the’’; and Mr. President, just last week I joined f (B) by striking paragraph (2); and several colleagues on the floor of the (3) in subsection (c)— Senate as we decried the murder of THE AGRICULTURAL, RESEARCH, (A) in paragraph (2), by inserting ‘‘who are Ann Harris, a 17-year-old Virginian, by EXTENSION AND EDUCATION RE- producers’’ after ‘‘members’’; a 19-year-old man in Washington State. FORM ACT OF 1997 (B) in paragraph (3), by inserting ‘‘who are This random act of violence was appar- importers or exporters’’ after ‘‘members’’; ently precipitated because the car in and which Ann was a passenger was going LUGAR (AND HARKIN) (C) in the second sentence of paragraph (5), too slowly for the driver of the car in AMENDMENT NO. 1527 by inserting ‘‘and alternate’’ after ‘‘mem- ber’’. which the murderer was riding. The Mr. JEFFORDS (for Mr. LUGAR, for young man was angry enough and mor- himself and Mr. HARKIN) proposed an SEC. 230. NATIONAL AQUACULTURE POLICY, ally numbed enough to fire his gun into amendment to the bill (S. 1150) to en- PLANNING, AND DEVELOPMENT. Ann’s car, killing Ann. What a tragedy. sure that federally funded agricultural (a) DEFINITIONS.—Section 3 of the National What a waste. research, extension, and education ad- Aquaculture Act of 1980 (16 U.S.C. 2802) is In another example, a 14-year-old boy dress high-priority concerns with na- amended— opened fire in a Moses Lake, WA class- tional multistate significance, to re- (1) in paragraph (1), by striking ‘‘the propa- room, killing a teacher and student form, extend, and eliminate certain ag- gation’’ and all that follows through the pe- and wounding others. He has been con- ricultural research programs, and for riod at the end and inserting the following: victed, but that does little to ease the other purposes; as follows: ‘‘the commercially controlled cultivation of pain of the loss suffered by that small aquatic plants, animals, and microorga- On page 30, strike lines 7 through 9 and in- nisms, but does not include private for-profit community. Maybe if he had signed a sert the following: pledge, maybe if he had heard the mes- ocean ranching of Pacific salmon in a State ‘‘(a) NATIONAL OCEANIC AND ATMOSPHERIC in which the ranching is prohibited by law.’’; sage over and over from parents and ADMINISTRATION WORK.—Not more than 2⁄3 of (2) in paragraph (3), by striking ‘‘or aquatic friends that gun violence was the the’’. plant’’ and inserting ‘‘aquatic plant, or wrong way to solve problems, maybe if On page 30, strike line 13 and insert the fol- microorganism’’; lowing: * * * maybe if * * *. We don’t know (3) by redesignating paragraphs (7) through how we might have stopped this act of ‘‘(b) ADMINISTRATIVE COSTS.—The Sec- retary’’. (9) as paragraphs (8) through (10), respec- violence, but we know we all have to tively; and try education, try outreach, try every- On page 30, strike lines 19 and 20 and insert the following: (4) by inserting after paragraph (6) the fol- thing. ‘‘(c) LIMITATIONS.— lowing: We all have been heartened by statis- ‘‘(1) BUILDINGS OR FACILITIES.—Funds’’. ‘‘(7) PRIVATE AQUACULTURE.—The term ‘pri- tics showing crime in America on the On page 31, strike line 1 and insert the fol- vate aquaculture’ means the commercially decline. A number of factors are in- lowing: controlled cultivation of aquatic plants, ani- volved, including community-based po- ‘‘(2) EQUIPMENT PURCHASES.—Of funds’’. mals, and microorganisms other than cul- licing, stiffer sentences for those con- On page 31, strike lines 5 through 13 and in- tivation carried out by the Federal Govern- victed, youth crime prevention pro- sert the following: ment, any State or local government, or an grams, and population demographics. I ‘‘(A) $15,000; or Indian tribe recognized by the Bureau of In- 1 dian Affairs.’’. don’t think any of us intend to rest on ‘‘(B) ⁄3 of the amount of the grant award.’’. our successes. Rather, we must review On page 33, strike lines 1 and 2 and insert (b) NATIONAL AQUACULTURE DEVELOPMENT the following: programs that work, and focus our lim- PLAN.—Section 4 of the National Aqua- ‘‘(i) as the lead Federal agency— culture Act of 1980 (16 U.S.C. 2803) is amend- ited resources on those. Legislation ‘‘(I) the Department of Agriculture; or ed— passed earlier this year, the Safe and ‘‘(II) if funding provided for the Plant Ge- (1) in subsection (c)— Drug Free Communities Act, will help nome Initiative through the Department of (A) in subparagraph (A), by adding ‘‘and’’ us do that. Agriculture is substantially less than fund- at the end; Mr. President, I urge all of my col- ing provided for the Initiative through an- (B) in subparagraph (B), by striking ‘‘; other Federal agency, the other Federal leagues to join in this simple effort to and’’ and inserting a period; and agency, as determined by the President; focus attention on gun violence among (C) by striking subparagraph (C); youth by proclaiming November 6, a and’’. On page 35, lines 22 through 25, strike (2) in the second sentence of subsection (d), ‘‘Day of Concern about Young People ‘‘without regard’’ and all that follows by striking ‘‘Secretaries determine that’’ and Gun Violence.’’ This is an easy through ‘‘2281 et seq.)’’. and inserting ‘‘Secretary, in consultation step for us to help facilitate the work On page 58, between lines 8 and 9, insert with the Secretary of Commerce, the Sec- that must go on in each community the following: retary of the Interior, and the heads of such other agencies as the Secretary determines across America, as parents, teachers, SEC. 229. KIWIFRUIT RESEARCH, PROMOTION, are appropriate, determines that’’; and friends, and students try to prevent AND CONSUMER INFORMATION PRO- gun violence before it continues to ruin GRAM. (3) in subsection (e), by striking ‘‘Secre- taries’’ and inserting ‘‘Secretary, in con- countless lives. (a) AMENDMENTS TO ORDERS.—Section 554(c) of the National Kiwifruit Research, sultation with the Secretary of Commerce, f Promotion, and Consumer Information Act the Secretary of the Interior, and the heads AMENDMENTS SUBMITTED (7 U.S.C. 7463(c)) is amended in the second of such other agencies as the Secretary de- sentence by inserting before the period at termines are appropriate,’’. the end the following: ‘‘, except that an (c) FUNCTIONS AND POWERS OF SECRE- THE NATIONAL DEFENSE AUTHOR- amendment to an order shall not require a TARIES.—Section 5(b)(3) of the National IZATION ACT FOR FISCAL YEARS referendum to become effective’’. Aquaculture Act of 1980 (16 U.S.C. 2804(b)(3)) (b) NATIONAL KIWIFRUIT BOARD.—Section 1998 AND 1999 is amended by striking ‘‘Secretaries deem’’ 555 of the National Kiwifruit Research, Pro- motion, and Consumer Information Act (7 and inserting ‘‘Secretary, in consultation with the Secretary of Commerce, the Sec- HUTCHISON AMENDMENT NO. 1526 U.S.C. 7464) is amended— (1) in subsection (a), by striking para- retary of the Interior, and the heads of such Mrs. HUTCHISON proposed an graphs (1) through (3) and inserting the fol- other agencies as the Secretary determines amendment to the motion to postpone lowing: are appropriate, consider’’.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11367

(d) COORDINATION OF NATIONAL ACTIVITIES (f) AUTHORIZATION OF APPROPRIATIONS.— (1) Identification and understanding of the REGARDING AQUACULTURE.—The first sen- Section 11 of the National Aquaculture Act epidemiology of wheat scab and the toxi- tence of section 6(a) of the National Aqua- of 1980 (as redesignated by subsection (e)(1)) cological properties of vomitoxin, a toxic culture Act of 1980 (16 U.S.C. 2805(a)) is is amended by striking ‘‘the fiscal years 1991, metabolite commonly occurring in wheat amended by striking ‘‘(f)’’ and inserting 1992, and 1993’’ each place it appears and in- and barley infected with wheat scab. ‘‘(e)’’. serting ‘‘fiscal years 1991 through 2002’’. (2) Development of crop management (e) NATIONAL POLICY FOR PRIVATE AQUA- On page 66, line 5, insert ‘‘costs and’’ after strategies to reduce the risk of wheat scab CULTURE.—The National Aquaculture Act of ‘‘regarding the’’. On page 66, between lines 16 and 17, insert occurrence. 1980 (16 U.S.C. 2801 et seq.) is amended— (3) Development of— (1) by redesignating sections 7, 8, 9, 10, and the following: (7) The study of whether precision agri- (A) efficient and accurate methods to mon- 11 as sections 8, 9, 10, 11, and 12, respectively; itor wheat and barley for the presence of and culture technologies are applicable and ac- cessible to small and medium size farms and wheat scab and resulting vomitoxin contami- (2) by inserting after section 6 (16 U.S.C. nation; 2805) the following: the study of methods of improving the appli- cability of precision agriculture technologies (B) post-harvest management techniques ‘‘SEC. 7. NATIONAL POLICY FOR PRIVATE AQUA- for wheat and barley infected with wheat CULTURE. to the farms. On page 74, between lines 2 and 3, insert scab; and ‘‘(a) IN GENERAL.—In consultation with the (C) milling and food processing techniques Secretary of Commerce and the Secretary of the following: to render contaminated grain safe. the Interior, the Secretary shall coordinate SEC. 237. COORDINATED PROGRAM OF RE- SEARCH, EXTENSION, AND EDU- (4) Strengthening and expansion of plant- and implement a national policy for private CATION TO IMPROVE VIABILITY OF breeding activities to enhance the resistance aquaculture in accordance with this section. SMALL AND MEDIUM SIZE DAIRY of wheat and barley to wheat scab, including In developing the policy, the Secretary may AND LIVESTOCK OPERATIONS. the establishment of a regional advanced consult with other agencies and organiza- (a) IN GENERAL.—The Secretary may carry tions. out a coordinated program of research, ex- breeding material evaluation nursery and a ‘‘(b) DEPARTMENT OF AGRICULTURE AQUA- tension, and education to improve the com- germplasm introduction and evaluation sys- CULTURE PLAN.— petitiveness, viability, and sustainability of tem. ‘‘(1) IN GENERAL.—The Secretary shall de- small and medium size dairy and livestock (5) Development and deployment of alter- velop and implement a Department of Agri- operations (referred to in this section as ‘‘op- native fungicide application systems and for- culture Aquaculture Plan (referred to in this erations’’). mulations to control wheat scab and consid- section as the ‘Department plan’) for a uni- (b) COMPONENTS.—To the extent the Sec- eration of other chemical control strategies fied aquaculture program of the Department retary elects to carry out the program, the to assist farmers until new more resistant of Agriculture (referred to in this section as Secretary shall conduct— wheat and barley varieties are available. (1) research, development, and on-farm ex- the ‘Department’) to support the develop- (c) COMMUNICATIONS NETWORKS.—Funds tension and education concerning low-cost ment of private aquaculture. provided under this section shall be available production facilities and practices, manage- ‘‘(2) ELEMENTS OF DEPARTMENT PLAN.—The for efforts to concentrate, integrate, and dis- Department plan shall address— ment systems, and genetics that are appro- priate for the operations; seminate research, extension, and outreach- ‘‘(A) programs of individual agencies of the orientated information regarding wheat Department related to aquaculture that are (2) research and extension on management- scab. consistent with Department programs re- intensive grazing systems for livestock and lated to other areas of agriculture, including dairy production to realize the potential for (d) MANAGEMENT.—To oversee the use of a livestock, crops, products, and commodities reduced capital and feed costs through great- grant made under this section, the Secretary under the jurisdiction of agencies of the De- er use of management skills, labor avail- may establish a committee composed of the partment; ability optimization, and the natural bene- directors of the agricultural experiment sta- ‘‘(B) the treatment of cultivated aquatic fits of grazing pastures; tions in the States in which land-grant col- animals as livestock and cultivated aquatic (3) research and extension on integrated leges and universities that are members of crop and livestock systems that increase ef- plants as agricultural crops; and the consortium are located. ‘‘(C) means for effective coordination and ficiencies, reduce costs, and prevent environ- (e) AUTHORIZATION OF APPROPRIATIONS.— implementation of aquaculture activities mental pollution to strengthen the competi- There is authorized to be appropriated to and programs within the Department, in- tive position of the operations; cluding individual agency commitments of (4) economic analyses and market feasi- carry out this section $5,200,000 for each of personnel and resources. bility studies to identify new and expanded fiscal years 1998 through 2002. opportunities for producers on the oper- ‘‘(c) NATIONAL AQUACULTURE INFORMATION SEC. 239. FOOD ANIMAL RESIDUE AVOIDANCE CENTER.—In carrying out section 5, the Sec- ations that provide tools and strategies to DATABASE PROGRAM. retary may maintain and support a National meet consumer demand in domestic and Aquaculture Information Center at the Na- international markets, such as cooperative (a) CONTINUATION OF PROGRAM.—The Sec- tional Agricultural Library as a repository marketing and value-added strategies for retary shall continue operation of the Food for information on national and inter- milk and meat production and processing; Animal Residue Avoidance Database pro- national aquaculture. and gram (referred to in this section as the ‘‘(d) TREATMENT OF AQUACULTURE.—The (5) technology assessment that compares ‘‘FARAD program’’) through contracts with Secretary shall treat— the technological resources of large special- appropriate colleges or universities. ‘‘(1) private aquaculture as agriculture; ized producers with the technological needs (b) ACTIVITIES.—In carrying out the and of producers on the operations to identify FARAD program, the Secretary shall— ‘‘(2) commercially cultivated aquatic ani- and transfer existing technology across all (1) provide livestock producers, extension mals, plants, and microorganisms, and prod- sizes and scales and to identify the specific specialists, scientists, and veterinarians with ucts of the animals, plants, and microorga- research and education needs of the pro- information to prevent drug, pesticide, and nisms, produced by private persons and ducers. environmental contaminant residues in food transported or moved in standard com- (c) ADMINISTRATION.—The Secretary may animal products; modity channels as agricultural livestock, use the funds, facilities, and technical exper- (2) maintain up-to-date information con- crops, and commodities. tise of the Agricultural Research Service and ‘‘(e) PRIVATE AQUACULTURE POLICY COORDI- the Cooperative State Research, Education, cerning— NATION, DEVELOPMENT, AND IMPLEMENTA- and Extension Service and other funds avail- (A) withdrawal times on FDA-approved TION.— able to the Secretary (other than funds of food animal drugs and appropriate with- ‘‘(1) RESPONSIBILITY.—The Secretary shall the Commodity Credit Corporation) to carry drawal intervals for drugs used in food ani- have responsibility for coordinating, devel- out this section. mals in the United States, as established oping, and carrying out policies and pro- SEC. 238. SUPPORT FOR RESEARCH REGARDING under section 512(a) of the Federal Food, grams for private aquaculture. DISEASES OF WHEAT AND BARLEY Drug, and Cosmetic Act (21 U.S.C. 360b(a)); CAUSED BY FUSARIUM ‘‘(2) DUTIES.—The Secretary shall— (B) official tolerances for drugs and pes- GRAMINEARUM. ticides in tissues, eggs, and milk; ‘‘(A) coordinate all intradepartmental (a) RESEARCH GRANT AUTHORIZED.—The functions and activities relating to private (C) descriptions and sensitivities of rapid Secretary may make a grant to a consortium screening tests for detecting residues in tis- aquaculture; and of land-grant colleges and universities to en- sues, eggs, and milk; and ‘‘(B) establish procedures for the coordina- hance the ability of the consortium to carry (D) data on the distribution and fate of tion of functions, and consultation with, the out a multi-State research project aimed at coordinating group. understanding and combating diseases of chemicals in food animals; ‘‘(f) LIAISON WITH DEPARTMENTS OF COM- wheat and barley caused by Fusarium (3) publish periodically a compilation of MERCE AND THE INTERIOR.—The Secretary of graminearum and related fungi (referred to food animal drugs approved by the Food and Commerce and the Secretary of the Interior in this section as ‘‘wheat scab’’). Drug Administration; shall each designate an officer or employee (b) RESEARCH COMPONENTS.—Funds pro- (4) make information on food animal drugs of the Department of the Secretary to be the vided under this section shall be available available to the public through handbooks liaison of the Department to the Secretary for the following collaborative, multi-State and other literature, computer software, a of Agriculture.’’. research activities: telephone hotline, and the Internet;

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11368 CONGRESSIONAL RECORD — SENATE October 29, 1997 (5) furnish producer quality-assurance pro- retary of Health and Human Services, in con- AUTHORITY FOR COMMITTEES TO grams with up-to-date data on approved sultation with the Secretary of Agriculture MEET drugs; and the States, shall, with respect to the COMMITTEE ON COMMERCE, SCIENCE, AND (6) maintain a comprehensive and up-to- base period for each State, determine— TRANSPORTATION date, residue avoidance database; ‘‘(A) the annualized amount the State re- (7) provide professional advice for deter- ceived under section 403(a)(3) of the Social Mr. INHOFE. Mr. President, I ask mining the withdrawal times necessary for Security Act (42 U.S.C. 603(a)(3) (as in effect unanimous consent that the Com- food safety in the use of drugs in food ani- during the base period)) for administrative mittee on Commerce, Science, and mals; and costs common to determining the eligibility Transportation be authorized to meet (8) engage in other activities designed to of individuals, families, and households eligi- on Wednesday, October 29, 1997, at 2 promote food safety. ble or applying for the AFDC program and p.m. on Death on the High Seas Act. (c) CONTRACTS.— the food stamp program, the AFDC program (1) IN GENERAL.—The Secretary shall offer The PRESIDING OFFICER. Without to enter into contracts with appropriate col- and the medicaid program, and the AFDC objection, it is so ordered. leges and universities to operate the FARAD program, the food stamp program, and the COMMITTEE ON ENVIRONMENT AND PUBLIC program. medicaid program that were allocated to the WORKS (2) TERM.—The term of a contract under AFDC program; and Mr. INHOFE. Mr. President, I ask subsection (a) shall be 3 years, with options ‘‘(B) the annualized amount the State unanimous consent that the full Com- to extend the term of the contract tri- would have received under section 403(a)(3) of mittee on Environment and Public ennially. the Social Security Act (42 U.S.C. 603(a)(3) Works be granted permission to con- (d) AUTHORIZATION OF APPROPRIATIONS.— (as so in effect)), section 1903(a)(7) of the So- There is authorized to be appropriated to cial Security Act (42 U.S.C. 1396b(a)(7) (as so duct a business meeting Wednesday, carry out this section $1,000,000 for each fis- in effect)), and subsection (a) of this section October 29, 9:30 a.m., Hearing Room cal year. (as so in effect), for administrative costs (SD–406). SEC. 240. FINANCIAL ASSISTANCE FOR CERTAIN common to determining the eligibility of in- The PRESIDING OFFICER. Without RURAL AREAS. dividuals, families, and households eligible objection, it is so ordered. (a) IN GENERAL.—The Secretary may pro- or applying for the AFDC program and the COMMITTEE ON FINANCE vide financial assistance to a nationally rec- food stamp program, the AFDC program and Mr. INHOFE. Mr. President, I ask ognized organization to promote educational the medicaid program, and the AFDC pro- opportunities at the primary and secondary unanimous consent to conduct a hear- gram, the food stamp program, and the med- levels in rural areas with a historic incidence ing on Wednesday, October 29, 1997, be- of poverty and low academic achievement, icaid program, if those costs had been allo- ginning at 10 a.m. in room 215 Dirksen. including the Lower Mississippi River Delta. cated equally among such programs for The PRESIDING OFFICER. Without (b) AUTHORIZATION OF APPROPRIATIONS.— which the individual, family, or household objection, it is so ordered. was eligible or applied for. There is authorized to be appropriated to COMMITTEE ON FOREIGN RELATIONS ‘‘(3) REDUCTION IN PAYMENT.—Notwith- carry out this section up to $10,000,000 for Mr. INHOFE. Mr. President, I ask each fiscal year. standing any other provision of this section, On page 79, line 15, before the period, insert effective for each of fiscal years 1998 through unanimous consent that the Com- ‘‘, including the viability and competitive- 2002, the Secretary shall reduce, for each fis- mittee on Foreign Relations be author- ness of small and medium sized dairy, live- cal year, the amount paid under subsection ized to meet during the session of the stock, crop, and other commodity oper- (a) to each State by an amount equal to the Senate on Wednesday, October 29, 1997, ations’’. amount determined for the food stamp pro- at 11 a.m. and 2 p.m. to hold hearings. On page 84, after line 24, insert the fol- gram under paragraph (2)(B). The PRESIDING OFFICER. Without lowing: ‘‘(4) DETERMINATIONS NOT SUBJECT TO RE- objection, it is so ordered. (3) in section 1676(e) (7 U.S.C. 5929(e)), by VIEW.—The determinations of the Secretary striking ‘‘fiscal year 1997’’ and inserting COMMITTEE ON FOREIGN RELATIONS of Health and Human Services under para- ‘‘each of fiscal years 1997 through 2002’’;’’. Mr. INHOFE. Mr. President, I ask On page 85, line 1, strike ‘‘(3)’’ and insert graph (2) shall be final and not subject to ad- unanimous consent that the Com- ‘‘(4)’’. ministrative or judicial review. mittee on Foreign Relations and the ‘‘(5) ALLOCATION OF COMMON ADMINISTRA- On page 85, line 3, strike ‘‘(4)’’ and insert Caucus on International Narcotics Con- TIVE COSTS.—In allocating administrative ‘‘(5)’’. trol be authorized to meet during the On page 86, strike lines 16 through 20. costs common to determining the eligibility On page 87, line 5, strike ‘‘1670, 1675, and of individuals, families, and households eligi- session of the Senate on Wednesday, 1676’’ and insert ‘‘1670 and 1675’’. ble or applying for 2 or more State-adminis- October 29, 1997, at 2 p.m. to hold a On page 87, line 7, strike ‘‘, 5929’’. tered public benefit programs, the head of a joint hearing. Beginning on page 89, strike line 18 and all Federal agency may require States to allo- The PRESIDING OFFICER. Without that follows through page 91, line 16, and in- cate the costs among the programs.’’. objection, it is so ordered. sert the following: COMMITTEE ON GOVERNMENTAL AFFAIRS (a) FOOD STAMPS.—Section 16 of the Food On page 98, between lines 17 and 18, insert Stamp Act of 1977 (7 U.S.C. 2025) is amend- the following: Mr. INHOFE. Mr. President, I ask unanimous consent on behalf of the ed— (d) FOOD STAMP ELIGIBILITY FOR CERTAIN Governmental Affairs Committee spe- (1) in the first sentence of subsection (a), INDIANS.— by striking ‘‘The Secretary’’ and inserting (1) EXCEPTION FOR CERTAIN INDIANS.—Sec- cial investigation to meet on Wednes- ‘‘Subject to subsection (k), the Secretary’’; tion 402(a)(2)(G) of the Personal Responsi- day, October 29, 1997, at 10 a.m., for a and bility and Work Opportunity Reconciliation hearing on campaign financing issues. (2) by adding at the end the following: Act of 1996 (8 U.S.C. 1612(a)(2)(G)) is amend- The PRESIDING OFFICER. Without ‘‘(k) REDUCTIONS IN PAYMENTS FOR ADMIN- objection, it is so ordered. ISTRATIVE COSTS.— ed— ‘‘(1) DEFINITIONS.—In this subsection: (A) in the subparagraph heading, by strik- COMMITTEE ON INDIAN AFFAIRS ‘‘(A) AFDC PROGRAM.—The term ‘AFDC ing ‘‘SSI EXCEPTION’’ and inserting ‘‘EXCEP- Mr. INHOFE. Mr. President, I ask program’ means the program of aid to fami- TION’’; and unanimous consent that the Senate lies with dependent children established (B) by striking ‘‘program defined in para- Committee on Indian Affairs be author- under part A of title IV of the Social Secu- graph (3)(A) (relating to the supplemental se- ized to meet during the session of the rity Act (42 U.S.C. 601 et seq. (as in effect, curity income program)’’ and inserting Senate on Wednesday, October 29, 1997, with respect to a State, during the base pe- ‘‘specified Federal programs described in at 9:30 a.m. in room 106 of the Dirksen riod for that State)). paragraph (3)’’. Senate Building to conduct a hearing ‘‘(B) BASE PERIOD.—The term ‘base period’ (2) BENEFITS FOR CERTAIN INDIANS.—Section means the period used to determine the 403(d) of the Personal Responsibility and on S. 1077, a bill to amend the Indian amount of the State family assistance grant Work Opportunity Reconciliation Act of 1996 Gaming Regulatory Act. for a State under section 403 of the Social (8 U.S.C. 1613(d)) is amended— The PRESIDING OFFICER. Without Security Act (42 U.S.C. 603). (A) in the subsection heading, by striking objection, it is so ordered. ‘‘(C) MEDICAID PROGRAM.—The term ‘med- ‘‘SSI AND MEDICAID’’; and COMMITTEE ON THE JUDICIARY icaid program’ means the program of med- (B) by striking ‘‘(a)(3)(A)’’ and inserting Mr. INHOFE. Mr. President, I ask ical assistance under a State plan or under a ‘‘(a)(3)’’. waiver of the plan under title XIX of the So- unanimous consent that the Com- cial Security Act (42 U.S.C. 1396 et seq.). Beginning on page 99, strike line 1 and all mittee on the Judiciary be authorized ‘‘(2) DETERMINATIONS OF AMOUNTS ATTRIB- that follows through page 101, line 4. to meet during the session of the Sen- UTABLE TO BENEFITING PROGRAMS.—The Sec- ate

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11369 on Wednesday, October 29, 1997, at 10 ADDITIONAL STATEMENTS For Dorothy, success came early. Al- a.m. in room 226 of the Senate Dirksen ways a bright and industrious student, Office Building to hold a hearing on ju- while at Wayne State University, she dicial nominations. RECOGNIZING MINNESOTA’S SOIL was recognized as the top graduating AND WATER CONSERVATION DIS- The PRESIDING OFFICER. Without woman. Following her law degree from TRICT EMPLOYEES objection, it is so ordered. Wayne State, she entered private prac- ∑ Mr. GRAMS. Mr. President, I rise tice. In 1956, Dorothy left her practice COMMITTEE ON THE JUDICIARY today to bring to the attention of the to serve the community as an assistant Mr. INHOFE. Mr. President, I ask Senate the dedication and hard work of Wayne County Friend of the Court. She unanimous consent that the Com- many individuals in my home State of excelled in this capacity and helped en- mittee on the Judiciary be authorized Minnesota. sure the needs of families and children to meet during the session of the Sen- During this past years CRP signup, were well represented. Although she re- ate on Wednesday, October 29, 1997, at 2 at least 275 employees from Min- turned to private practice in 1968, p.m. in room 226 of the Senate Dirksen nesota’s 91 Soil and Water Conserva- where she helped found the firm of Office Building to hold a hearing on ju- tion Districts donated over 6,000 hours Riley and Roumell, her commitment to dicial nominations. assisting U.S. Department of Agri- public service was only beginning. The PRESIDING OFFICER. Without culture employees, ensuring the A few years later, Dorothy’s out- objection, it is so ordered. signups success. Without their efforts, standing abilities and dedication to the there is little doubt the work would legal profession were again recognized. SUBCOMMITTEE ON ANTITRUST, BUSINESS not have been done on time and in such RIGHTS, AND COMPETITION In 1972 she was appointed to the Wayne an efficient manner. Their work, along County Circuit Court. Four years later Mr. INHOFE. Mr. President, I ask with the work of USDA employees, she received an appointment to the unanimous consent that the Sub- should not go unnoticed. Michigan Court of Appeals, and was re- committee on Antitrust, Business Mr. President, the Conservation Re- elected to a 6-year term on the Court. Rights, and Competition, of the Senate serve Program is a vital program for Soon after, the integrity and fairness Judiciary Committee, be authorized to the people of my State. It provides she had shown throughout her career meet during the session of the Senate incalcuable benefits to farmers, sports- were recognized once more when she on Wednesday, October 29, 1997, at 10 men, conservationists, the wildlife, was appointed to the Michigan State a.m. to hold a hearing in room 226, Sen- and, therefore, all American citizens. I Supreme Court. Dorothy’s commit- ate Dirksen Building, on antitrust im- have been, and will continue to be, a ment to her profession was rewarded in plications of the tobacco settlement. vocal supporter of a strong and bal- 1987 when she was elected Chief Justice The PRESIDING OFFICER. Without anced Conservation Reserve Program. of the Michigan Supreme Court. It is simply good for Minnesota and objection, it is so ordered. During her long, distinguished ca- good for our Nation. SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC reer, Dorothy has belonged to many or- In closing, Mr. President, with the PRESERVATION, AND RECREATION ganizations and received numerous ac- combined efforts of Congress, the colades. From honorary doctorates to Mr. INHOFE. Mr. President, I ask USDA, farmers and people like those at the presidency of professional associa- unanimous consent that the Sub- Minnesota’s Soil and Water Conserva- tions, each award and membership re- committee on National Parks, Historic tion Districts, we can ensure the con- flected Dorothy’s commitment to in- Preservation, and Recreation of the tinued success and viability of the Con- tegrity, honesty, and leadership. And Committee on Energy and Natural Re- servation Reserve Program well into while Monday evening’s event rep- sources be granted permission to meet the 21st Century.∑ during the session of the Senate on resents one award among many, I am Wednesday, October 29, for the pur- f thankful for this opportunity to ex- poses of conducting a subcommittee JAMES A. MICHENER press how grateful I am for Dorothy’s hearing which is scheduled to begin at ∑ Mr. INOUYE. Mr. President, I would service. Throughout her career, Doro- 2 p.m. The purpose of this hearing is to like to take this moment to remember thy personified what is best in our receive testimony on S. 638, a bill to an extraordinary and talented indi- legal system: a fair-minded justice provide for the expeditious completion vidual. I join the multitude of people with a passion for truth. Because of her of the acquisition of private mineral who noted the passing of James A. long commitment to the State of interests within the Mount St. Helens Michener with much sadness. I recall Michigan, Dorothy’s presence will be National Volcanic Monument man- my meetings with Mr. Michener during greatly missed. dated by the 1982 act that established his brief residency in Hawaii, during As she enters this new phase in her the monument, and for other purposes. which time, he did much of his re- life, I want to express how great an im- The PRESIDING OFFICER. Without search on his monumental opus, ‘‘Ha- pact she has had on both her profession objection, it is so ordered. waii.’’ and those individuals fortunate enough Though some may have criticized his to know her. I wish her all the best.∑ SUBCOMMITTEE ON OCEANS AND FISHERIES book, it was generally received by the Mr. INHOFE. Mr. President, I ask people of Hawaii with great enthusiasm f unanimous consent that the Oceans and commendation. He captured the and Fisheries Subcommittee of the spirit of early Hawaii, and reminded us FISCAL YEAR 1998 TREASURY, Committee on Commerce, Science, and of the sad plight of the indigenous peo- POSTAL SERVICE, GENERAL Transportation be authorized to meet ple of Hawaii—the proud and noble GOVERNMENT APPROPRIATIONS on Wednesday, October 29, 1997, at 9:30 Polynesians. We shall always be in- CONFERENCE REPORT a.m. on future of the NOAA Corps. debted to James Michener for intro- ∑ Mr. DORGAN. Mr. President, I would The PRESIDING OFFICER. Without ducing to the world the Hawaiian Is- like to take this opportunity to discuss objection, it is so ordered. lands that now constitute the 50th my vote on the fiscal year 1998 Treas- State of our Nation.∑ SUBCOMMITTEE ON SECURITIES ury, and Postal Service, general gov- Mr. INHOFE. Mr. President, I ask f ernment appropriations conference re- unanimous consent that the Sub- TRIBUTE TO THE HONORABLE port. committee on Securities of the Com- DOROTHY COMSTOCK RILEY When the Treasury, Postal Service, mittee on Banking, Housing, and ∑ Mr. ABRAHAM. Mr. President, today general government appropriations bill Urban Affairs be authorized to meet I rise to pay tribute to one of Michi- passed the Senate, we included a provi- during the session of the Senate on gan’s most outstanding citizens, the sion to prohibit a cost-of-living allow- Wednesday, October 29, 1997, to conduct Honorable Dorothy Comstock Riley. ance for Members of Congress. I voted an oversight hearing on securities liti- After a long and highly successful ca- for that prohibition because I thought gation abuses. reer, in which she reached the highest it was the right thing to do. The PRESIDING OFFICER. Without level in the Michigan judicial system, The U.S. House, meanwhile, passed objection, it is so ordered. she has decided to retire. its own version of this bill—a version

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11370 CONGRESSIONAL RECORD — SENATE October 29, 1997 which did not contain the restriction well. For bringing distinctive credit to Robinson also led a productive life off against a cost-of-living allowance. the academic community, Dean Mason the field. A Republican and a business- The Senate and House bills went to a was awarded the John F. Burnman Dis- man, Robinson devoted the remainder conference committee, and when the tinguished Faculty Award and The of his life to civil rights, party politics, conference agreement came back to University of Alabama National Alum- and urban affairs. He bemoaned base- the Senate for final passage, it had ni Association Outstanding Commit- ball’s tepid efforts at integrating all adopted the House position, which in- ment to Teaching Award. levels of the great game. cluded no restriction on a COLA. Recently, Dean Mason was honored Sadly, baseball has made insufficient I voted for the conference report be- by Louisiana Tech University as its progress since Robinson’s death almost cause it contained over $20 billion of 1997 Distinguished Alumnus. As many a quarter of a century ago. In its ‘‘Ra- needed funds, including 40 percent of of my colleagues know, on Saturday, cial Report Card’’ released earlier this all Federal law enforcement moneys November 1, 1997, The University of year, Northeastern’s Center gave Major and funds to wage war on gangs and Alabama will play Louisiana Tech at League Baseball an overall grade of B, drugs in this country. our Homecoming Football game. but only a C¥ for top management po- However, I think Congress should On that day, Dean Mason, loved and sitions. have had a separate vote on the cost- respected by all who have known him, As Jackie’s widow, Rachel Robinson, of-living adjustment, and if there is an will be honored as a friend and leader the Center’s Director, Richard opportunity to have a separate vote, I to not only The University of Alabama, Lapchick, and all of the other excellent ∑ intend to vote against the COLA. but also to Louisiana Tech. On this employees and friends of the Center f day, on behalf of my wife, Annette, we celebrate Jackie’s life, we should all TRIBUTE TO JOSEPH BARRY wish Joseph Barry Mason our sincerest reflect on what we can do to honor and MASON thanks and congratulations for his build on his legacy. ∑ ∑ Mr. SHELBY. Mr. President, I rise dedication to making a difference. Unquestionably, there is a distance today to honor Dr. Joseph Barry f yet to go when, for example, we have only one African-American general Mason, the Dean of the College of Com- INDUCTION OF JACKIE ROBINSON manager in major league baseball. merce at my alma mater, The Univer- INTO NORTHEASTERN UNIVER- I send my best wishes to North- sity of Alabama, in my hometown of SITY’S SOCIETY HALL OF FAME Tuscaloosa. Dean Mason is a remark- eastern University, the Center, and Ra- ∑ Mr. KERRY. Mr. President, on Octo- able man, a distinguished educator and chel Robinson on this occasion. I hope ber 28, Northeastern University will a good friend. that all of us will use it as a reminder Joseph Barry Mason received his un- posthumously induct Jackie Robinson of the work that lies ahead: to realize dergraduate degree from the Louisiana into its Sport in Society Hall of Fame. our objective, which was Jackie Robin- Tech University College of Administra- As a member of the National Advisory son’s as well, of a society that does not tion and Business. Upon receiving his Board of the Center for the Study of discriminate on the basis of race and Ph.D. in marketing from The Univer- Sport in Society, I want to make a few offers equal opportunity to all.∑ sity of Alabama in 1967, Dr. Mason remarks about Robinson, the Center, f and racism. joined the faculty of The University EXPLANATION OF VOTES ON THE and, since that time, he has served that Future historians will remember Jackie Robinson as one of the most sig- FY98 LABOR/HHS APPROPRIA- institution with distinction. During his TIONS BILL tenure, Dr. Mason has served as the nificant individuals in twentieth-cen- ∑ Chairman of the College of Commerce tury U.S. history. As the first African- Mr. ABRAHAM: Mr. President, I sup- Department of Management and Mar- American to play Major League Base- ported an amendment offered by Sen- keting, and since 1988, as the Dean of ball in this century, Robinson had to ator GORTON which would block grant the College of Commerce and the Rus- will himself to endure horrific abuse several K–12 education programs di- sell Professor of Business Administra- from fans and fellow players alike. His rectly down to local school districts. I tion. perseverance in the face of this chal- believe Mr. GORTON’S amendment Dr. Mason’s professional associations lenge would have made him a memo- moves in a positive direction for edu- extend beyond the campus of The Uni- rable player even had he not excelled cation spending. By cutting out levels versity. He is a former chairman of the on the diamond. of bureaucratic red tape, Mr. GORTON’S board of the American Marketing Asso- But Jackie Robinson did excel. In his amendment would actually send more ciation and the 1976 Beta Gamma distinguished career, he won the Rook- money into the classroom. Sigma National Scholar. ie of the Year and Most Valuable Play- As we determine the best possible Further, in 1984 Dr. Mason served as er awards. Robinson also played a way to spend scarce education re- the Chairman of the UA Task Force on prominent role as a member of the 1955 sources, I believe it is essential to en- Cost Savings. In that capacity, Dr. Brooklyn Dodgers ball club, the’’ Wait sure that the largest possible portion Mason worked with the General Motors ‘Til Next Year’ team that finally of our education spending makes it Rochester Products Plant and the bested its arch rival New York Yankees way into a classroom. I believe Mr. United Auto Workers in Tuscaloosa in in a thrilling World Series. GORTON’s amendment achieves this ob- order to identify cost savings and pre- Recounting Robinson’s greatest ac- jective. By using the same appropria- vent the closure of the 200-employee fa- complishments as a player cannot do tions level for these programs as last cility. As a result of his successful ef- justice to the impact that he had on year and block granting that amount forts, the groundwork for future aca- the game and our nation. His daring on to the most local level, the Gorton demic-industrial partnerships was laid. the base paths brought the running amendment will actually provide $670 For his excellence in education, Dr. game back as the major style of attack million in additional money to local Mason has received numerous distin- in the National League for the first school districts. For this reason, I sup- guished awards. Dr. Mason received the time in some three decades. His success ported this important amendment.∑ Leavey Award for Excellence in Pri- with the Dodgers led to the signing of f vate Enterprise Education from the other notable players such as Roy Freedoms Foundation of Valley Forge, Campanella, Larry Doby, and Satchel THE STATE VISIT OF JIANG ZEMIN PA. In 1986, he was named the first an- Paige. PEOPLES REPUBLIC OF CHINA nual recipient of the Academy of Mar- His loyalty to the Dodgers ended his ∑ Mr. BURNS. Mr. President, this week keting Science Outstanding Educator career prematurely. Jackie Robinson one of the most important events since of the Year Award. And in 1994, Dean retired rather than play for the San the end of World War II will take place Mason was designated a Distinguished Francisco Giants when the Dodgers here in Washington. It is the State Fellow of the Academy of Marketing sold his contract. Imagining Robinson visit of the National Leader of the Peo- Science. in any uniform other than the Dodgers’ ples Republic of China. The future of At various points in his career, The is like envisioning Cal Ripken wearing United States-China relations will University has honored Dean Mason, as New York Yankee pinstripes. somewhat be forged on the occasion of

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11371 the visit of the President of People’s most earnest way to work out the dif- economy, we need to put our great Republic of China, Jiang Zemin. This ferences that exist, it is my hope the American agriculture on an equal basis summit will, hopefully, define our PRC will become an integrated mem- with semiconductors and automobiles. challenges and opportunities and could ber of the international community Agriculture has always been dealt and should serve as a model for future and begin to act as responsible member away first in all of the trade agree- discussions for both nations. of that community. This can only fur- ments in the last 50 years. It is not fair Let me say that I continue to be dis- ther peace and stability for both na- or right that the great machine of food turbed by some of the actions em- tions and the world. and fiber production be left picking up barked upon by the PRC. The mili- Besides its recent economic advance- the scraps. taristic actions toward Taiwan, the ments, it is incumbent that the United I think that the United States is fol- sale of weapons to Iran, Pakistan, States have a constructive working re- lowing the same course as our relations Syria, and other nations, and the inter- lationship with China. The reasons are with Russia in the late 1980’s. An estab- nal human rights violations that con- obvious: lishment of ties with China does not tinue to occur to name the main ones. The People’s Republic of China [PRC] However, policy of isolation has plays a major role in the post-cold-war necessarily imply an endorsement of never proven successful in inter- world; their policies. I believe that the free- national relations. In fact, a detriment It is the world’s most populous na- dom that the United States embraces to all this nation has to offer and the tion, about 1.2 billion people, and the can only serve as an example to the very doctrines we abide by and stand third-largest in land mass after Russia Chinese people. The summits between for. and Canada; President Reagan and Mr. Gorbachev An example: I have not been totally It has nuclear weapons, is a growing brought about the fall of the Berlin convinced the need for the expansion of military power, and plays a key role in wall—there were naysayers then so NATO—I can hear it now—what does regional stability while emerging as a maybe the talks that the we begin now, China and NATO have to do with one regional leader in Asia; and will lead to the opening of the Great ∑ another and it there a relationship. As one of the five permanent Mem- Wall of China. Well, as a Western State Senator, I bers of the U.N. Security Council, have a tendency to view our foreign China has veto power over security f policy from the Pacific, rather than council resolutions dealing with key the Atlantic. In my opinion, looking multilateral issues, including inter- BUDGET SCOREKEEPING REPORT from the standpoint of NATO, Europe, national peacekeeping and the resolu- ∑ Russia continues to have difficulties tion of regional conflicts. Mr. DOMENICI. Mr. President, I with the fact that NATO enlargement Finally, Mr. President, the upcoming hereby submit to the Senate the budg- is under consideration. Russia is a cash summit is an important opportunity to et scorekeeping report prepared by the poor nation with an overabundance of address many issues that will be of im- Congressional Budget Office under Sec- military weapons, a silent industry portance to all Americans especially tion 308(b) and in aid of Section 311 of base, and a unmanageable bureaucracy. Mountains. Agriculture cannot be left the Congressional Budget Act of 1974, On the other hand, the PRC, their out in these discussions. as amended. This report meets the re- neighbor, is a cash rich nation search- Our Nation was founded on hard quirements for Senate scorekeeping of ing for ways to expand investments work, innovative technologies in agri- Section 5 of S. Con. Res. 32, the First throughout the world. cultural production. U.S. farmer and Concurrent Resolution on the Budget For the moment China, has not been ranchers have supplied our Nation and for 1986. allowed access to Western military the world with clean, safe and afford- This report shows the effects of con- technology. The West has not allowed able food since our humble beginnings. gressional action on the budget and for good reason. I wholly agree We are a leader in agriculture ex- through October 24, 1997. The estimates with a nonaccess policy given obvious ports. This fact is sometimes trans- of budget authority, outlays, and reve- actions taken by the PRC. parent in the eyes of those who would nues, which are consistent with the Therefore, China’s defense industry rather consider the United States as a technical and economic assumptions of does not have the command, control, nation of fiber optics rather than food the 1998 Concurrent Resolution on the computer, and communication sys- and fiber. But, I say we can do both. Budget (H. Con. Res. 84), show that cur- tems, known collectively as ‘‘C4’’. In 1996, China’s farmers produced a rent level spending is below the budget Even with these limitations, China bumper wheat crop. That along with a resolution by $34.9 billion in budget au- continues its work on advanced cruise dispute over unfounded accusations thority and above the budget resolu- missiles, a satellite positioning sys- and over reaction over alleged infected tion by $1.9 billion in outlays. Current tem, and airborne early-warning radar. wheat contributed to a severe decrease level is $1.6 billion below the revenue To facilitate this continued work, in the United States grain exports to floor in 1998 and $2.5 billion above the China’s government has now turned to China. revenue floor over the five years 1998– Russia as the best available source of China’s ban on United States imports 2002. The current estimate of the def- military foreign technology from for- of wheat is based on scientifically un- icit for purposes of calculating the eign sources. founded trade evidence linked to insig- maximum deficit amount is $177.0 bil- It has brought 72 SU–27 fighters—and nificant disease commonly known as lion, $3.7 billion above the maximum plans to build more under license—as tck smut. This diseases is present in deficit amount for 1998 of $173.3 billion. well as Russian kilo submarines. There Canada, as well as Europe. Such bar- is good news. With a limited procure- riers-to-entry are and will be a barrier Since my last report, dated October ment budget, it cannot splash out on to China’s entry into the WTO. 1, 1997, the Congress has cleared, and imports. The only good news is that We’ve seen this type of attack on the President has signed, the Okla- Russia is still unwilling to sell China U.S. agriculture before. Recently, the homa City National Memorial Act of its best equipment. European Union objected to United 1997 (P.L. 105–58) and the following ap- From these facts, one is able to de- States beef imports based on scientif- propriation acts: Further Continuing termine that a China that is alienated ically unfounded evidence; eventually, Appropriations (P.L. 105–64), Energy by the United States will continue to the United States prevailed in a WTO and Water Development (P.L. 105–62), invest their funds for modern military challenge but not before the United Treasury and General Government technology wherever, even with their States cattle industry was damaged (P.L. 105–61), Veterans, Housing and neighbor, and possible ally, Russia to and European markets found their beef Urban Development and Independent ‘‘divide and conquer’’ any perceived exports elsewhere. Agencies (P.L. 105–65), and Transpor- threats to their borders, whether it be Mr. President, U.S. farmers and tation (P.L. 105–66). These actions their Eastern or Western border. ranchers produce the healthiest and changed the current level of budget au- However, if the United States com- best food commodities in the world. If thority, outlays and revenues. mits to an open dialog—tries in the we are truly supposed to be a global The report follows:

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11372 CONGRESSIONAL RECORD — SENATE October 29, 1997 U.S. CONGRESS, the President’s signature the following ap- THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- CONGRESSIONAL BUDGET OFFICE, propriation bills: Veterans, Housing and CAL YEAR 1998, 105TH CONGRESS, 1ST SESSION, AS Washington, DC, October 28, 1997. Urban Development and Independent Agen- OF CLOSE OF BUSINESS OCTOBER 24, 1997—Contin- cies (H.R. 2158) and Transportation (H.R. Hon. PETE V. DOMENICI, ued Chairman, Committee on the Budget, U.S. Sen- 2169). These actions changed the current ate, Washington, DC. level of budget authority, outlays and reve- [In billions of dollars] DEAR MR. CHAIRMAN: The enclosed report nues. Current for fiscal year 1998 shows the effects of Con- Sincerely, Budget level gressional action on the 1998 budget and is JUNE E. O’NEILL, resolution Current (H. Con. level over/ current through October 24, 1997. The esti- Director. Res. 84) under mates of budget authority, outlays, and rev- resolution enues are consistent with the technical and THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- Deficit ...... 173.3 177.0 3.7 economic assumptions of the 1998 Concurrent CAL YEAR 1998, 105TH CONGRESS, 1ST SESSION, AS Debt Subject to Limit ...... 5,593.5 5,339.1 ¥254.4 Resolution on the Budget (H. Con. Res. 84). OF CLOSE OF BUSINESS OCTOBER 24, 1997 OFF-BUDGET This report is submitted under Section 308(b) [In billions of dollars] Social Security Outlays: and in aid of Section 311 of the Congressional 1998 ...... 317.6 317.6 0.0 1998–2002 ...... 1,722.4 1,722.4 0.0 Budget Act, as amended. Current Since my last report, dated September 29, Budget Social Security Revenues: resolution Current level 1998 ...... 402.8 402.7 ¥0.1 1997, the Congress has cleared, and the Presi- (H. Con. level over/ 1998–2002 ...... 2,212.1 2,212.3 0.2 dent has signed, the Oklahoma City National under Res. 84) resolution Memorial Act of 1997 (P.L. 105–58) and the Note.—Current level numbers are the estimated revenue and direct spending effects of all legislation that Congress has enacted or sent to the following appropriation acts: Further Con- ON-BUDGET President for his approval. In addition, full-year funding estimates under tinuing Appropriations (P.L. 105–64), Energy Budget Authority ...... 1,390.9 1,356.0 ¥34.9 current law are included for entitlement and mandatory programs requiring and Water Development (P.L. 105–62), and Outlays ...... 1,372.5 1,374.4 1.9 annual appropriations even if the appropriations have not been made. The Revenues: current level of debt subject to limit reflects the latest U.S. Treasury infor- Treasury and General Government (P.L. 105– 1998 ...... 1,199.0 1,197.4 ¥1.6 mation on public debt transactions. 61). In addition, the Congress has cleared for 1998–2002 ...... 6,477.7 6,480.2 2.5 Source: Congressional Budget Office. THE ON-BUDGET CURRENT LEVEL REPORT FOR THE U.S. SENATE, 105TH CONGRESS, 1ST SESSION, SENATE SUPPORTING DETAIL FOR FISCAL YEAR 1998, AS OF CLOSE OF BUSINESS OCTOBER 24, 1997 [In millions of dollars]

Budget authority Outlays Revenues

ENACTED IN PREVIOUS SESSIONS Revenues ...... 1,206,379 Permanents and other spending legislation ...... 880,313 866,860 ...... Appropriation legislation ...... 241,036 ...... Offsetting receipts ...... ¥211,291 ¥211,291 ...... Total previously enacted ...... 669,022 896,605 1,206,379

ENACTED THIS SESSION Balanced Budget Act of 1997 (P.L. 105–33) ...... 1,525 477 267 Taxpayer Relief Act of 1997 (P.L. 105–34) ...... ¥9,281 Stamp Out Breast Cancer Act (P.L. 105–41)1 ...... Oklahoma City National Memorial Act of 1997 (P.L. 105–58) ...... 14 3 14 1997 Emergency Supplemental Appropriations Act (P.L. 105–18) ...... ¥350 ¥280 ...... Defense Appropriations Act (P.L. 105–56)2 ...... 247,709 164,702 ...... Energy and Water Appropriations Act (P.L. 105–62)3 ...... 20,732 13,533 ...... Legislative Branch Appropriations Act (P.L. 105–55) ...... 2,251 2,023 ...... Military Construction Appropriations Act (P.L. 105–45)4 ...... 9,183 3,024 ...... Treasury and General Government Appropriations Act (P.L. 105–61)5 ...... 17,106 14,168 ¥4 Total enacted this session ...... 298,170 197,650 ¥9,004

PASSED PENDING SIGNATURE Veterans, HUD appropriations bill (H.R. 2158) ...... 90,689 52,864 ...... Transportation appropriations bill (H.R. 2169) ...... 13,064 13,485 ...... Total passed pending signature ...... 103,753 66,349 ......

CONTINUING RESOLUTION AUTHORITY Further continuing appropriations (P.L. 105–64)6 ...... 145,502 76,311 ...... ENTITLEMENTS AND MANDATORIES Budget resolution baseline estimates of appropriated entitlements and other mandatory programs not yet enacted ...... 139,518 137,458 ...... TOTALS Total current level ...... 1,355,965 1,374,373 1,197,375 Total budget resolution ...... 1,390,913 1,372,462 1,199,000 Amount remaining: Under budget resolution ...... 39,948 ...... 1,625 Over budget resolution ...... 1,911 ...... ADDENDUM Emergencies ...... 266 2,283 ...... Contingent emergencies ...... 5 3 ...... Total ...... 271 2,286 ...... Total current level including emergencies ...... 1,356,236 1,376,659 1,197,375 1 The revenue effects of this act begin in fiscal year 1999. 2 Estimates include $144 million in budget authority and $73 million in outlays for items that were vetoed by the President on October 14, 1997. 3 Estimates include $19 million in budget authority and $12 million in outlays for items that were vetoed by the President on October 17, 1997. 4 Estimates include $287 million in budget authority and $28 million in outlays for items that were vetoed by the President on October 6, 1997. 5 Estimates include $2 million in budget authority and $2 million in outlays for items that were vetoed by the President on October 17, 1997. 6 This is an annualized estimate of discretionary spending provided in P.L. 105–64, which expires November 7, 1997, for programs funded in the following appropriations bills: Agriculture, Commerce-Justice-State, District of Columbia, Foreign Operations, Interior, and Labor-HHS-Education. The first continuing resolution (P.L. 105–46) expired October 23, 1997. Note.—Amounts shown under ‘‘emergencies’’ represent funding for programs that have been deemed emergency requirements by the President and the Congress. Amounts shown under ‘‘contingent emergencies’’ represent funding des- ignated as an emergency only by the Congress that is not available for obligation until it is requested by the President and the full amount requested is designated as an emergency requirement. Source: Congressional Budget Office.•

HONORING THE MEMORY OF THE ation of Calendar No. 172, Senate Reso- A resolution (S. Res. 123) honoring the FORMER PEACE CORPS DIREC- lution 123. memory of former Peace Corps Director Loret Miller Ruppe. TOR LORET MILLER RUPPE The PRESIDING OFFICER. Without objection, it is so ordered. The PRESIDING OFFICER. Is there Mr. JEFFORDS. Mr. President, I ask objection to the immediate consider- unanimous consent that the Senate The clerk will report. ation of the resolution? proceed to the immediate consider- The assistant legislative clerk read There being no objection, the Senate as follows: proceeded to consider the resolution.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11373 Mr. JEFFORDS. Mr. President, I ask proceed to the immediate consider- youth worldwide come together in healthy unanimous consent that the resolution ation of Calendar No. 200, Senate Con- competition, learning the value of team- be agreed to, that the preamble be current Resolution 37. work, individual responsibility, and respect agreed to, the motion to reconsider be for others; The PRESIDING OFFICER. The Whereas Little League Baseball Incor- laid upon the table, and that any state- clerk will report. porated provides administrative and other ments relating to the resolution appear The assistant legislative clerk read services, including financial assistance from at this point in the RECORD. as follows: time to time, to such leagues without any The PRESIDING OFFICER. Without A concurrent resolution (S. Con. Res. 37) obligation to reimburse Little League Base- objection, it is so ordered. expressing the sense of the Congress that ball Incorporated; The resolution (S. Res. 123) was Little League Baseball Incorporated was es- Whereas Little League Baseball Incor- agreed to. tablished to support and develop Little porated has established a United States The preamble was agreed to. League baseball worldwide and should be en- foundation for the advancement and support The resolution, with its preamble, is titled to all of the benefits and privileges of Little League baseball in the United as follows: available to nongovernmental international States and around the world, and has also created in Poland through its representative, S. RES. 123 organizations. Dr. Creighton Hale, the Poland Little League Whereas the Members of the Senate were The PRESIDING OFFICER. Is there Baseball Foundation for the construction of greatly saddened by the death of Loret Mil- objection to the immediate consider- Little League baseball facilities and playing ler Ruppe, the longest-serving Director of ation of the concurrent resolution? fields, in which youth may participate world- the Peace Corps; and There being no objection, the Senate wide in international competitions, and is Whereas Loret Miller Ruppe’s inspirational proceeded to consider the concurrent providing all the funds for such construction; vision, dedication, and leadership (1) revital- resolution, which had been reported Whereas the efforts of Little League Base- ized the Peace Corps as she began or revived ball Incorporated are supported by millions programs in Sir Lanka, Haiti, Burundi, from the Committee on Foreign Rela- tions with an amendment in the nature of volunteers worldwide, as parents, league Guinea-Bissau, Chad, Equatorial Guinea, and officials, managers, coaches, and auxiliary the Cape Verde Islands; (2) energized a new of a substitute, as follows: members and countless volunteer agencies, generation of Americans to accept the chal- Resolved by the Senate (the House of Rep- including sponsors, all of whom give their lenge of serving in the Corps; (3) refocused resentatives concurring), That (a) it is the sense time and effort without remuneration, in the Corps on its mission of development to of the Congress that Little League Baseball In- service to others, to advance the goals of achieve world peace; and (4) did a great serv- corporated is international in character and has Little League Baseball Incorporated and ice to America and to the millions of the engendered international goodwill through its thereby assist the economic transformation world’s citizens touched by her efforts: Now, worldwide activities, particularly among the of societies worldwide, the improvement in therefore, be it youth of the world. the quality of life of all citizens and the pro- Resolved, That (a) the Senate recognizes (b) The Congress reaffirms that Little League motion of a civil international community; and acknowledges the achievements and con- Baseball Incorporated was established to sup- and tributions of the longest-serving Director of port and develop Little League baseball world- Whereas, as demonstrated by the success of the Peace Corps, Loret Miller Ruppe, and the wide, through the chartering of local leagues its efforts worldwide, Little League Baseball volunteers she inspired, not only for their and the provision of assistance to such local Incorporated is the largest nongovernmental service in other countries but also in their leagues, through the creation or location of fa- international youth sports organization in own communities. cilities in other countries, and the provision of the world and continues to grow: Now, there- (b) It is the sense of the Senate that the other support as appropriate, including finan- President should honor the memory of the fore, be it cial support, without right of reimbursement or Resolved by the Senate (the House of Rep- Peace Corps’ great leader Loret Miller Ruppe repayment. resentatives concurring), That (a) it is the and reaffirm the commitment of the United (c) The Congress calls upon the parliamentary sense of the Congress that Little League States to international peace and under- bodies and government officials of other na- Baseball Incorporated is international in standing. tions, particularly those that participate in Lit- character and has engendered international Mr. LEVIN addressed the Chair. tle League baseball, to recognize and celebrate goodwill through its worldwide activities, The PRESIDING OFFICER. The Sen- the international character of Little League particularly among the youth of the world. ator from Michigan is recognized. baseball. (b) The Congress reaffirms that Little Mr. LEVIN. Mr. President, on that Mr. JEFFORDS. Mr. President, I ask League Baseball Incorporated was estab- subject, I didn’t realize that such a res- unanimous consent that committee lished to support and develop Little League olution was coming forward this substitute be agreed to, the resolution baseball worldwide, through the chartering evening. But having heard the nature be agreed to, as amended, the preamble of local leagues and the provision of assist- of the resolution, I commend my good ance to such local leagues, through the cre- be agreed to, the title amendment be ation or location of facilities in other coun- friend from Vermont for forwarding agreed to, the motion to reconsider be tries, and the provision of other support as this on behalf of the sponsors of the laid upon the table, and that any state- appropriate, including financial support, resolution. As it happened, by pure co- ments related to the resolution appear without right of reimbursement or repay- incidence, today in the Foreign Rela- in the RECORD. ment. tions Committee, I supported the nomi- The PRESIDING OFFICER. Without (c) The Congress calls upon the parliamen- nation of David Hermelin, of Michigan, objection, it is so ordered. tary bodies and government officials of other to be our Ambassador to Norway. I The committee amendment was nations, particularly those that participate in Little League baseball, to recognize and made reference to the fact that Mrs. agreed to. celebrate the international character of Lit- Ruppe, also from Michigan, had served The resolution, as amended, was tle League baseball. with tremendous distinction as our agreed to. The title was amended so as to read: Ambassador to Norway, as well as she The preamble was agreed to. Concurrent Resolution expressing the had served the Peace Corps as its direc- The concurrent resolution (S. Con. sense of the Congress that Little League tor. Res. 37), as amended, with its preamble Baseball Incorporated was established to So it is quite a coincidence that this reads as follows: support and develop Little League baseball resolution is coming forward today S. CON. RES. 37 worldwide and that its international char- with her name commemorated at the Whereas Little League Baseball Incor- acter and activities should be recognized. Foreign Relations Committee with porated is a nonprofit membership organiza- f great warmth. I wanted to just rise to tion, chartered by the Congress of the United AGRICULTURAL RESEARCH, EX- give my strong support to this resolu- States in 1964 to promote, develop, supervise, TENSION, AND EDUCATION RE- tion. It is highly appropriate. and assist youth worldwide in participation Mr. JEFFORDS. I appreciate the in Little League baseball and to instill in FORM ACT OF 1997 Senator saying that. youth the spirit and competitive will to win, Mr. JEFFORDS. Mr. President, I ask values of team play, and healthful associa- f unanimous consent that the Senate tion with other youth under proper leader- now proceed to the consideration of CONCURRENT RESOLUTION ON ship; Whereas Little League Baseball Incor- Calendar No. 154, Senate 1150. LITTLE LEAGUE BASEBALL IN- The PRESIDING OFFICER. The CORPORATED porated has chartered more than 18,000 local Little League baseball or softball leagues in clerk will report. Mr. JEFFORDS. Mr. President, I ask 85 countries, across 6 continents, through The assistant legislative clerk read unanimous consent that the Senate which more than 198,000 teams and 3,000,000 as follows:

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11374 CONGRESSIONAL RECORD — SENATE October 29, 1997 A bill (S. 1150) to ensure that federally search system. This system has served all groups interested in CRP’s success. funded agricultural research, extension, and us well. To use our available resources I urge the committee to continue education address high-priority concerns most effectively, however, it is impor- working on this issue. with national multi-State significance, to tant to ensure more collaboration and This bill is a positive step forward. reform, extend, and eliminate certain agri- Federal investment in agricultural re- cultural research programs, and for other efficiency as well as achieve greater ac- purposes. countability. We cannot overlook the search, extension, and education is one of the most important duties of the The PRESIDING OFFICER. Is there relevance or merit of the research, ex- Senate Agriculture Committee, and, objection to the immediate consider- tension, and education programs. I urge all Members of the Senate to again, I commend Senator LUGAR and ation of the bill? support this important legislation. Senator HARKIN for their commitment There being no objection, the Senate Mr. DASCHLE. Mr. President, I want to this effort. proceeded to consider the bill. to thank Chairman LUGAR, Senator FOOD GENOME STRATEGY AMENDMENT NO. 1527 HARKIN, and their staffs for the tre- Mr. BOND. Mr. President, I would (Purpose: To improve the bill) mendous effort they have devoted to like to discuss with the distinguished Mr. JEFFORDS. Mr. President, Sen- the research reauthorization bill over chairman of the Agriculture Com- ator LUGAR has a managers’ amend- the past several months, and congratu- mittee the food genome strategy that ment at the desk, and I ask for its con- late them for the legislation we have is authorized in this bill. Senator sideration. before us today. LUGAR is to be commended highly for The PRESIDING OFFICER. The We owe much of the credit for this including this visionary provision in clerk will report. country’s agricultural success to our the bill. It is my understanding that The assistant legislative clerk read network of land grant institutions, the food genome strategy, authorized as follows: State agriculture experiment stations, in this bill, will include comprehensive, The Senator from Vermont [Mr. JEF- USDA’s Agricultural Research Service, directed, and coordinated plant genome FORDS], for Mr. LUGAR and Mr. HARKIN, pro- and hundreds of county extension of- and animal genome initiatives. Is my poses an amendment numbered 1527. fices. These entities work together in a understanding correct? Mr. JEFFORDS. Mr. President, I ask wide range of ways to produce cutting- Mr. LUGAR. Yes, these initiatives, unanimous consent that reading of the edge research and then convert it into while allowing for all entities to com- amendment be dispensed with. improved practices and technology pete competitively for funding, will be The PRESIDING OFFICER. Without meaningful to producers. directed and coordinated programs objection, it is so ordered. It is important to strengthen this that are designed to accomplish spe- The amendment is as follows: network further. This bill places in- cific objectives. The request for pro- (The text of the amendment is print- creased emphasis on collaboration posals [RFP] that will be published by ed in today’s RECORD under ‘‘Amend- among institutions and disciplines, and the USDA could be very specific in its ments Submitted.’’) encourages pursuit of goals benefiting requests. For example, one part of the Mr. LUGAR. Mr. President, today the more than one region or State. It em- RFP may request the development of Senate completes action on the Agri- phasizes priority-setting so resources 100,000 expressed sequence Tags on corn cultural Research, Extension and Edu- can be targeted to emerging and crit- and another part may request a very cation Reform Act of 1997. This legisla- ical issues when necessary, and estab- high resolution physical map of corn. tion was approved by a unanimous roll- lishes new mechanisms for ensuring ac- Mr. BOND. I understand that it is call vote of the 18 members of the Sen- countability. your intention that the plant genome ate Agriculture Committee in July. I Specifically, I am pleased that the initiative and the animal genome ini- commend Senator HARKIN and all bill preserves existing programs that tiative will not be scientific free-for- members of the committee for their bi- share these objectives, such as the alls, if you will, that fund any research partisan approach and cooperative ef- Fund for Rural America. As you know, project that happens to have genome in forts in constructing this legislation. the fund was designed to provide imme- the proposal. Rather, this program will Because research programs were only diate, flexible, and applied research be designed to have specific objectives authorized through 1997 in last year’s and support to people in rural areas and milestones that must be met along farm bill, the Senate Agriculture Com- who are adjusting to rapid changes in the way so that the taxpayers realize a mittee has had the opportunity this the agricultural sector since the last timely and significant return on their year to review agricultural research, farm bill. dollar invested in this research. extension and education funding. The The Fund for Rural America pro- Mr. LUGAR. The purpose of having a committee gathered testimony through motes value-added processing, which is food genome strategy is to ensure that four hearings in March and received vital to successful rural economic de- there is a comprehensive plan that in- more than 100 responses to some rel- velopment. Our rural communities cludes appropriate, specific objectives evant questions that I posed publicly in must capture more of the revenue their for each aspect of the program, be it January. locally produced commodities ulti- mapping, sequencing, trait identifica- With the growth in world population, mately generate. Value-added proc- tion, or bioinformatics. U.S. producers may well need to triple essing keeps that revenue local, which Mr. BOND. With your assistance, we their production in the next few dec- will be critical to the future of those have established a $40 million plant ge- ades to meet growing demand for food communities. nome initiative within the National and spare the world’s rain forests from I am pleased to say also that this bill Science Foundation [NSF] that will be being uprooted in a desperate effort to treats smaller institutions fairly. It focused on economically significant expand production. significantly levels the playing field crops. To facilitate the development of To increase future food production, for small schools competing for limited a comprehensive plant genome initia- our Nation must devote additional re- research funds, and it is sensitive to tive, the President’s Science Advisor, sources to agricultural research. This the relative importance of formula Dr. Gibbons, established an Inter-Agen- bill provides new funding for agricul- funds for institutions in agrarian cy Working Group on Plant Genomes. tural research to address critical States with low populations. This group will be consulting with the emerging issues related to future food Finally, I had hoped we would be able NSF in the design and implementation production, environmental protection to address the problems with the CRP of the plant genome initiative. It is my and farm income. Food genome haying and grazing program, but I rec- understanding that the plant genome science, food safety, agricultural bio- ognize that consensus on a specific initiative, authorized under this bill, technology and precision agriculture remedy remains elusive. I do hope we will be coordinated with the NSF plant are key areas that need additional re- will be more successful on this front in genome initiative. sources to meet the challenges that the near future because the current Mr. LUGAR. Certainly, we intend for face U.S. farmers. system is creating both severe difficul- the work to be complementary. We ex- This bill also makes significant re- ties for the people managing those pect the USDA to work with the Inter- forms to the current agricultural re- lands and growing uneasiness among Agency Working Group to ensure that

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11375 the total amount of funds from all the development of expressed sequence Section 232 of the S. 1150 creates a agencies is coordinated, directed, and tags and high-resolution physical maps new research program authorizing the focused. This will ensure that there is may, of necessity, be done by one enti- Secretary of Agriculture to make no duplication and better coordination. ty. Expressed sequence tags and phys- grants for the development and pro- Mr. BOND. Since the NSF has $40 ical maps are the critical foundation of motion of precision agriculture, includ- million for a plant genome initiative, the food genome strategy. If the Sec- ing projects to educate producers on there have been some questions raised retary is required to give higher pri- the benefits of this new technology. concerning which agency, NSF or ority to multi-State, multi-institu- One of my amendments, which has USDA, would serve as the lead agency tional, and multidisciplinary pro- been included in the managers amend- for the national plant genome initia- posals, this very basic information may ment, ensures that educational efforts tive. In the managers amendment, you not be developed. It is my under- provide farmers with information clarified this issue by providing that standing, however, that the managers about the costs of this technology as USDA be the lead agency unless the do not intend for this to happen. Rath- well. Any responsible federally funded funding it administered for the plant er, since the entire Food Genome farmer education efforts on precision genome initiative was substantially Strategy will be multi-State, multi-in- agriculture must inform farmers of less than that provided by another stitutional, and multi-disciplinary, all costs of this new technology. agency. aspects of this program could receive a Mr. LUGAR. That is correct. I agree higher priority. Cost considerations are particularly that if the USDA does not provide suf- Mr. LUGAR. That is absolutely cor- important given that precision agri- ficient funding for the plant genome rect. We recognize that the food ge- culture technologies tend to be techno- initiative, it should not be the lead nome strategy will be different from logically sophisticated and capital in- agency. other projects funded under title III. tensive, requiring investments in com- Mr. BOND. It is my understanding The food genome strategy will be a puter systems, new software, and po- that some people have stated that this multi-State, multi-institutional, and tentially new mechanical input appli- program will be administered in a man- multi-disciplinary program and, there- cators. Farmers who wish to avoid ac- ner similar to the national research fore, all individual proposals and quiring the equipment needed for preci- initiative, the NRI. While the NRI projects could meet the tests for gain- sion agriculture may have to contract plays a valuable role in the discovery ing a higher priority. for these services with input suppliers. of scientific information related to ag- Mr. BOND. Thank you, Mr. Chair- In either case, substantial financial in- riculture, it is not a directed, coordi- man. I commend you and other mem- vestments may be required of farmers nated program. It is my understanding, bers of the Agriculture Committee for adopting precision agriculture tech- however, that the plant genome initia- including this vitally important provi- tive will be coordinated and focused on sion in the bill. I also appreciate the nologies. Farmers need information the most economically significant able assistance of our staff throughout that will allow them to balance the po- crops. Is that correct? this process. tential long-term benefits of precision Mr. LUGAR. Yes. The food genome This legislation, will provide us the agriculture technologies with the strategy will be coordinated and di- tools we need to meet the challenges of short-term and long-term financial rected and the outcomes will be fo- the 21st century and I congratulate you costs. My amendment clarifies that cused on economically significant on your continuing leadership. any USDA funding provided for pro- plants, animals, and microbes and will Mr. FEINGOLD. Mr. President, ducer education efforts must provide ensure that all the funding under the today, the Senate will pass S. 1150, the information on both costs and benefits program will be directed at achieving Agricultural Research, Extension, and of precision agriculture. results that ultimately will yield us Education Reform Act. I am pleased, While precision agriculture may re- Mr. President, that several amend- the greatest economic returns. sult in production efficiencies and im- Mr. BOND. The report accompanying ments I had planned to offer on the proved profitability for some farms, S. 1150 makes clear that the committee floor when the Senate took up this bill many in agriculture are concerned intends that the Secretary utilize have been accepted by the chairman, that, because of the capital intensive funds from the initiative for future ag- Mr. LUGAR, and the ranking member, nature of this precision agriculture riculture and food systems, established Mr. HARKIN, of the Agriculture Com- under title III of the bill, for the plant mittee and have been included in the systems, this new technology will not genome initiative and the animal ge- managers’ amendment to the bill. be applicable or accessible to small or nome initiative. Under the Initiative Two of my amendments included in highly diversified farms. It is unclear for Future Agriculture and Food Sys- the bill address a new research pro- whether precision agriculture services, tems, there is no provision for coordi- gram regarding precision agriculture. even if provided by input suppliers, will nated, directed, and focused programs. Precision agriculture is a system of be available at affordable rates to Am I correct in assuming that while farming that uses very site-specific in- small farms. Furthermore, some ob- the funds for the food genome strategy formation on soil nutrient needs and servers are concerned that private may be derived from the Initiative for presence of plant pests, often gathered firms may find that marketing efforts Future Agriculture and Food Systems, using advanced technologies such as directed at small farms are not lucra- it is the intent of the managers that global positioning systems, high per- tive enough and thus may avoid efforts the food genome strategy would, in formance image processing, and soft- to apply the technology to small oper- fact, be a coordinated, directed pro- ware systems to determine the specific ations. fertilizer, pesticide and other input gram? In addition to concerns about the ap- needs of a farmer’s cropland. This tech- Mr. LUGAR. The food genome strat- plicability and accessibility of preci- egy will be a coordinated, directed pro- nology may have the benefit of low- sion agriculture to small farms, many gram without regard to the origin of ering farm production costs and in- are concerned that precision agri- the funding. crease profitability by helping the pro- Mr. BOND. In addition, under title ducer reduce agricultural inputs by ap- culture may not be the most appro- III, the Secretary is required, in mak- plying them only where needed. In ad- priate production system for small ing individual grants, to give higher dition, reducing agricultural inputs farms given the costs of acquiring new priority to a proposal that is multi- may minimize the impact of crop pro- technology or contracting for addi- state, multi-institutional, or multi- duction on wildlife and the environ- tional services. There may be other disciplinary. While the overall Food ment. While precision agriculture, gen- production systems, such as integrated Genome Strategy will be multi-State, erally defined, encompasses a broad whole farm crop, livestock, and re- multi-institutional, and multidisci- range of techniques from high-tech- source management systems, that plinary, there will be many aspects of nology satellite imaging systems to allow small farmers to reduce input the program that will not facilitate manual soil sampling, it is most fre- costs, improve profitability, and mini- multi-State, multi-institutional, and quently discussed in terms of the use of mize environmental impacts of agricul- multidisciplinary grants, especially in capital intensive advanced tech- tural production that are more appro- the first couple of years. For example, nologies. priate for smaller operations.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11376 CONGRESSIONAL RECORD — SENATE October 29, 1997 To address this concern, I have pro- of small family-owned dairy farms. The production and marketing systems posed an amendment which adds new grocery storeowners, input suppliers, that specifically address the needs of language to section 232 allowing USDA schoolteachers, truckers, cheese manu- small producers. to fund studies evaluating whether pre- facturers, and many other small rural Using research dollars to help main- cision agriculture technologies are ap- businesses have been hurt as Wisconsin tain the economic viability of small- plicable or accessible to small- and me- has seen its dairy farm numbers de- and medium-size dairy and livestock dium-sized farms. The amendment also cline. operations has benefits beyond those allows USDA to conduct research on There is substantial concern that afforded to such farmers and the com- methods to improve the applicability past and present Federal investments munities in which they reside. Keeping of precision agriculture to these oper- in agricultural research have focused a large number of small operations in ations. It is critical that USDA’s re- almost solely on the needs of larger production can provide environmental search investment in this new tech- scale agricultural producers, neglect- benefits as well. As livestock oper- nology not exclude the needs of small ing the specific research needs of small ations expand their herd size without a farmers. If it does, this new research producers. Some have suggested that corresponding increase in cropping program could ultimately affect the this research bias has exacerbated the acreage, manure storage and manage- structure of agriculture, potentially trend toward increased concentration ment practices become more costly and providing disproportionate advantages and vertical integration, particularly more burdensome for the operator and to large scale farming operations, fur- in the livestock sector. raise additional regulatory concerns thering the trend to fewer and larger To address this concern, I have pro- associated with runoff and water qual- farms. My amendment will allow USDA posed an amendment to S. 1150, in- ity among State and Federal regu- to conduct research on low cost preci- cluded in the managers’ amendment, lators. Research that helps dairy and sion agriculture systems that do not which authorizes a coordinated pro- livestock operators remain competitive require significant financial invest- gram of research, extension, and edu- and profitable without dramatic expan- ments by farmers and that may be cation to improve the viability of sion will help minimize these concerns. more appropriate to small or highly di- small- and medium-size dairy and live- Finally, Mr. President, I proposed an versified farming operations. stock operations. amendment to require the Secretary to The final two amendments I have of- Among the research projects the Sec- fund research on the competitiveness fered and which have been included in retary is authorized to conduct are: Re- and viability of small- and medium-size the managers’ amendment authorize search, development, and on-farm edu- farms under the Initiative for Future and provide funding for research, edu- cation low-cost production facilities, Agriculture and Food Systems—a new cation and extension projects to im- management systems and genetics ap- research program authorized by S. 1150 prove the competitiveness, viability propriate for these small and medium funded at total $780 million for fiscal and sustainability of small- and me- operations, research and extension on years 1998 through 2002. With the inclu- dium-size dairy and livestock oper- management intensive grazing systems sion of my amendment in the managers ations. which reduce feed costs and improve amendment, the Secretary is directed Many Senators have expressed con- farm profitability, research and exten- to make grants for research projects cern about the trend toward increased sion on integrated crop and livestock addressing the viability of small- and concentration in the dairy and live- systems that strengthen the competi- medium-size farming operations with stock sectors. According to a 1996 re- tive position of small- and medium-size funding made available under the Ini- port by the USDA Advisory Committee operations, economic analyses and fea- tiative in fiscal years 1999–2002. This on Agricultural Concentration, con- sibility studies to identify new mar- amendment ensures that the research centration in cattle feeding has grown keting opportunities for small- and me- needs of small dairy, livestock, and dramatically, with 152 feeders account- dium-size producers, technology assess- cropping operations will be addressed ing for more than 40 percent of all head ment that compares the technological under the substantial new funding pro- sold. Meatpacker concentration has resources of large specialized producers vided for agricultural research in this also grown, with four packing firms ac- with the technological needs of small- bill. counting for 80 percent of fed cattle in and medium-size dairy and livestock Mr. President, I appreciate the co- the U.S. Extensive vertical integration operations, and research to identify the operation of the chairman, Mr. Lugar, in the cattle industry has also reduced specific research and education needs and the ranking member, Mr. HARKIN, price discovery and market informa- of these small operations. of the Agriculture Committee and their tion available to small producers. The The amendment allows the Secretary staff in addressing the important re- combination of reduced price informa- to carry out this new program using search needs of small- and medium-size tion and increased concentration in the existing USDA funds, facilities and farms by including my amendments in feeding and packing industry has put technical expertise. Dairy and live- this important bill. I look forward to small cattle producers under extreme stock producers should not be forced to working with them to maintain these financial pressure, necessitating more become larger in order to remain com- amendments during conference com- research, education and extension ef- petitive. Bigger is not necessarily bet- mittee consideration of this bill. forts to ensure the viability of small- ter. And in fact, Mr. President, expan- Mr. JEFFORDS. Mr. President, I ask and medium-sized cattle operations. sion is often counterproductive for unanimous consent that the amend- Of greatest concern to producers in small operations requiring them to ment be agreed to, the bill be consid- my home State of Wisconsin is the take on an even greater debt load. ered read a third time and passed, as trend toward fewer and larger dairy Farmers need more help in deter- amended, the motion to reconsider be farms in the United States. In 1980, mining other methods of maintaining laid upon the table, and that any state- there were 45,000 dairy farms in Wis- long-term profitability. For example, ments relating to the bill appear in the consin. In 1997, there are only 24,000 small dairy farmers may find adoption RECORD. dairy farms. Of those 24,000 dairy of management-intensive grazing sys- The PRESIDING OFFICER. Without farms, 90 percent are operations with tems combined with a diversified crop- objection, it is so ordered. fewer than 100 cows. The trend toward ping operation a profitable alternative The amendment (No. 1527) was agreed fewer but larger dairy operations is to expansion. But there has been far to. mirrored in most States throughout too little federally funded research de- The bill (S. 1150), as amended, was the Nation. The economic losses associ- voted to alternative livestock produc- passed, as follows: ated with the reduction in small farm tion systems. Small producers need S. 1150 numbers go well beyond the impact on more Federal research and extension Be it enacted by the Senate and House of Rep- resentatives of the United States of America in the individual farm families exiting activity devoted to the development of Congress assembled, the industry. Rather, the reduction in these alternatives. I believe this SECTION 1. SHORT TITLE; TABLE OF CONTENTS. farm numbers has affected the rural amendment is a good first step in es- (a) SHORT TITLE.—This Act may be cited as communities in my home State that tablishing the Federal research com- the ‘‘Agricultural Research, Extension, and have been built around a large number mitment to help develop and promote Education Reform Act of 1997’’.

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(b) TABLE OF CONTENTS.—The table of con- Sec. 239. Food animal residue avoidance (2) research, extension, or education activi- tents of this Act is as follows: database program. ties administered, on a competitive basis, by Sec. 1. Short title; table of contents. Sec. 240. Financial assistance for certain the Cooperative State Research, Education, Sec. 2. Definitions. rural areas. and Extension Service. TITLE I—PRIORITIES, SCOPE, AND RE- Subtitle E—Studies and Miscellaneous SEC. 102. PRIORITY SETTING PROCESS. VIEW OF AGRICULTURAL RESEARCH, Sec. 241. Evaluation and assessment of agri- (a) IN GENERAL.—Consistent with section EXTENSION, AND EDUCATION cultural research, extension, 1402 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 Sec. 101. Standards for Federal funding of and education programs. Sec. 242. Study of federally funded agricul- U.S.C. 3101), the Secretary shall establish agricultural research, exten- priorities for agricultural research, exten- sion, and education. tural research, extension, and education. sion, and education activities conducted or Sec. 102. Priority setting process. funded by the Department. Sec. 103. Relevance and merit of federally Sec. 243. Sense of Congress on State match for 1890 Institutions. (b) INPUT FROM STAKEHOLDERS.— funded agricultural research, (1) IN GENERAL.—In establishing priorities TITLE III—INITIATIVE FOR FUTURE extension, and education. for agricultural research, extension, and edu- AGRICULTURE AND FOOD SYSTEMS Sec. 104. Research formula funds for 1862 In- cation activities conducted or funded by the stitutions. Sec. 301. Initiative for Future Agriculture Department, the Secretary shall solicit and Sec. 105. Extension formula funds for 1862 and Food Systems. consider input and recommendations from Institutions. TITLE IV—EXTENSION OR REPEAL OF stakeholders. Sec. 106. Research facilities. CERTAIN AUTHORITIES; TECHNICAL (2) 1862, 1890, AND 1994 INSTITUTIONS.— TITLE II—OTHER REFORMS OF AGRICUL- AMENDMENTS (A) IN GENERAL.—Effective beginning Octo- TURAL RESEARCH, EXTENSION, AND Sec. 401. Extensions of authorities. ber 1, 1998, to obtain agricultural research, EDUCATION Sec. 402. Repeal of authorities. extension, or education formula funds from Subtitle A—Amendments to National Agri- Sec. 403. Short titles for Smith-Lever Act the Secretary, each 1862 Institution, 1890 In- cultural Research, Extension, and Teach- and Hatch Act of 1887. stitution, and 1994 Institution shall establish ing Policy Act of 1977 Sec. 404. Technical corrections to research and implement a process for obtaining stake- Sec. 201. Advisory Board. provisions of Federal Agri- holder input concerning the use of the funds. Sec. 202. Grants and fellowships for food and culture Improvement and Re- (B) REGULATIONS.—The Secretary shall agricultural sciences education. form Act of 1996. promulgate regulations that prescribe— Sec. 203. Policy research centers. TITLE V—AGRICULTURAL PROGRAM (i) the requirements for an Institution to Sec. 204. International agricultural re- SAVINGS comply with subparagraph (A); and search, extension, and teaching. Sec. 501. Nutrition programs. (ii) the consequences for an Institution of Sec. 205. General administrative costs. Sec. 502. Information technology funding. not complying with subparagraph (A), which Sec. 206. Expansion of authority to enter SEC. 2. DEFINITIONS. may include the withholding and redistribu- into cost-reimbursable agree- In this Act: tion of funds to which the Institution may be ments. (1) 1862 INSTITUTION.—The term ‘‘1862 Insti- entitled until the Institution complies with Subtitle B—Amendments to Food, Agri- tution’’ means a college or university eligi- subparagraph (A). culture, Conservation, and Trade Act of ble to receive funds under the Act of July 2, (c) MANAGEMENT PRINCIPLES.—Section 1402 1990 1862 (12 Stat. 503, chapter 130; 7 U.S.C. 301 et of the National Agricultural Research, Ex- tension, and Teaching Policy Act of 1977 (7 Sec. 211. National Agricultural Weather In- seq.). U.S.C. 3101) is amended— formation System. (2) 1890 INSTITUTION.—The term ‘‘1890 Insti- (1) in the section heading, by inserting Sec. 212. National Food Genome Strategy. tution’’ means a college or university eligi- ‘‘ ’’ after Sec. 213. Imported fire ant control, manage- ble to receive funds under the Act of August AND MANAGEMENT PRINCIPLES ‘‘ ’’; ment, and eradication. 30, 1890 (26 Stat. 419, chapter 841; 7 U.S.C. 321 PURPOSES (2) by inserting ‘‘(a) PURPOSES.—’’ before Sec. 214. Agricultural telecommunications et seq.), including Tuskegee University. ‘‘The purposes’’; and program. (3) 1994 INSTITUTION.—The term ‘‘1994 Insti- (3) by adding at the end the following: Sec. 215. Assistive technology program for tution’’ means a 1994 Institution (as defined farmers with disabilities. ‘‘(b) MANAGEMENT PRINCIPLES.—To the in section 532 of the Equity in Educational maximum extent practicable, the Secretary Subtitle C—Amendments to Other Laws Land-Grant Status Act of 1994 (Public Law shall ensure that federally supported and Sec. 221. 1994 Institutions. 103–382; 7 U.S.C. 301 note)). conducted agricultural research, education, Sec. 222. Cooperative agricultural extension (4) ADVISORY BOARD.—The term ‘‘Advisory and extension activities are accomplished in work by 1862, 1890, and 1994 In- Board’’ means the National Agricultural Re- a manner that— stitutions. search, Extension, Education, and Econom- ‘‘(1) integrates agricultural research, edu- Sec. 223. Eligibility of certain colleges and ics Advisory Board established under section cation, and extension functions to better universities for extension fund- 1408 of the National Agricultural Research, link research to technology transfer and in- ing. Extension, and Teaching Policy Act of 1977 (7 formation dissemination activities; Sec. 224. Integration of research and exten- U.S.C. 3123). ‘‘(2) encourages regional and multistate sion. (5) DEPARTMENT.—The term ‘‘Department’’ programs to address relevant issues of com- Sec. 225. Competitive, special, and facilities means the Department of Agriculture. mon concern and to better leverage scarce research grants. (6) HATCH ACT OF 1887.—The term ‘‘Hatch resources; Sec. 226. Fund for Rural America. Act of 1887’’ means the Hatch Act of 1887 (as ‘‘(3) achieves agricultural research, edu- Sec. 227. Honey research, promotion, and designated by section 403(b)). cation, and extension objectives through consumer information. (7) SECRETARY.—The term ‘‘Secretary’’ multi-institutional and multifunctional ap- Sec. 228. Office of Energy Policy and New means the Secretary of Agriculture. proaches and by conducting research at fa- Uses. (8) SMITH-LEVER ACT.—The term ‘‘Smith- cilities and institutions best equipped to Sec. 229. Kiwifruit research, promotion, and Lever Act’’ means the Smith-Lever Act (as achieve those objectives; and consumer information program. designated by section 403(a)). ‘‘(4) requires accountability to be measured Sec. 230. National aquaculture policy, plan- (9) STAKEHOLDER.—The term ‘‘stakeholder’’ against shared national goals of the re- ning, and development. means a person who conducts or uses agri- search, education, and economics mission Subtitle D—New Programs cultural research, extension, or education. area agencies of the Department and their Sec. 231. Biobased products. TITLE I—PRIORITIES, SCOPE, AND RE- partners that receive Federal research, ex- Sec. 232. Precision agriculture. VIEW OF AGRICULTURAL RESEARCH, tension, and higher education funds, con- Sec. 233. Formosan termite eradication pro- EXTENSION, AND EDUCATION sistent with the Government Performance gram. SEC. 101. STANDARDS FOR FEDERAL FUNDING OF and Results Act of 1993 (Public Law 103–62) Sec. 234. Nutrient composition data. AGRICULTURAL RESEARCH, EXTEN- and amendments made by that Act.’’. Sec. 235. Consolidated administrative and SION, AND EDUCATION. (d) NOTIFICATION OF ADVISORY BOARD AND laboratory facility. (a) IN GENERAL.—The Secretary shall en- CONGRESS.—Section 1408 of the National Ag- Sec. 236. National Swine Research Center. sure that agricultural research, extension, or ricultural Research, Extension, and Teach- Sec. 237. Coordinated program of research, education activities described in subsection ing Policy Act of 1977 (7 U.S.C. 3123) is extension, and education to im- (b) address a concern that— amended— prove viability of small and me- (1) is a priority, as determined under sec- (1) by redesignating subsections (d) dium size dairy and livestock tion 102(a); and through (g) as subsections (e) through (h), re- operations. (2) has national or multistate significance. spectively; and Sec. 238. Support for research regarding dis- (b) APPLICATION.—Subsection (a) applies (2) by inserting after subsection (c) the fol- eases of wheat and barley to— lowing: caused by Fusarium (1) research activities conducted by the Ag- ‘‘(d) NOTIFICATION OF ADVISORY BOARD AND graminearum. ricultural Research Service; and CONGRESS.—

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11378 CONGRESSIONAL RECORD — SENATE October 29, 1997

‘‘(1) ADVISORY BOARD.—The Secretary shall tural research or extension funds from the ‘‘(B) PLANNED EXPENDITURES ON provide a written response to the Advisory Secretary for an activity, each 1862 Institu- MULTISTATE ACTIVITIES.—For fiscal year 2000 Board regarding the implementation of any tion and 1890 Institution shall— and each subsequent fiscal year, a State written recommendations made by the Advi- (A) establish a process for merit review of shall expend for multistate activities a per- sory Board to the Secretary under sub- the activity; and centage of the Federal formula funds de- section (c). (B) review the activity in accordance with scribed in paragraph (1) for a fiscal year that ‘‘(2) CONGRESS.—The Secretary shall pro- the process. is at least equal to the lesser of— vide to the Committee on Agriculture of the (2) 1994 INSTITUTIONS.—Effective beginning ‘‘(i) 25 percent; or House of Representatives and the Committee October 1, 1998, to obtain agricultural exten- ‘‘(ii) twice the percentage for the State de- on Agriculture, Nutrition, and Forestry of sion funds from the Secretary for an activ- termined under subparagraph (A). the Senate a copy of the response of the Sec- ity, each 1994 Institution shall— ‘‘(C) REDUCTION BY SECRETARY.—The Sec- retary to an Advisory Board recommenda- (A) establish a process for merit review of retary may reduce the minimum percentage tion concerning the priority mission areas of the activity; and required to be allotted for multistate activi- the Initiative for Future Agriculture and (B) review the activity in accordance with ties under subparagraph (B) in a case of Food Systems established under section the process. hardship, infeasibility, or other similar cir- 301(c)(2)(B) of the Agricultural Research, Ex- (f) REPEAL OF PROVISIONS FOR WITHHOLDING cumstance beyond the control of the State, tension, and Education Reform Act of 1997.’’. FUNDS.— as determined by the Secretary. SEC. 103. RELEVANCE AND MERIT OF FEDERALLY (1) SMITH-LEVER ACT.—Section 6 of the ‘‘(D) PLAN OF WORK.—The State shall in- FUNDED AGRICULTURAL RE- Smith-Lever Act (7 U.S.C. 346) is repealed. clude in the plan of work of the State a de- SEARCH, EXTENSION, AND EDU- (2) HATCH ACT OF 1887.—Section 7 of the scription of the manner in which the State CATION. Hatch Act of 1887 (7 U.S.C. 361g) is amended will meet the requirements of this para- (a) REVIEW OF CSREES RESEARCH.—The by striking the last paragraph. graph. Secretary shall establish procedures that en- (3) NATIONAL AGRICULTURAL RESEARCH, EX- ‘‘(3) APPLICABILITY.—This subsection does sure— TENSION, AND TEACHING POLICY ACT OF 1977.— not apply to funds provided— (1) scientific peer review of each agricul- Section 1468 of the National Agricultural Re- ‘‘(A) by a State or local government pursu- tural research grant administered, on a com- search, Extension, and Teaching Policy Act ant to a matching requirement; petitive basis, by the Cooperative State Re- of 1977 (7 U.S.C. 3314) is repealed. ‘‘(B) to a 1994 Institution (as defined in sec- search, Education, and Extension Service; SEC. 104. RESEARCH FORMULA FUNDS FOR 1862 tion 532 of the Equity in Educational Land- and INSTITUTIONS. Grant Status Act of 1994 (Public Law 103–382; (2) merit review of each agricultural exten- (a) IN GENERAL.—Section 3 of the Hatch 7 U.S.C. 301 note)); or sion or education grant administered, on a Act of 1887 (7 U.S.C. 361c) is amended— ‘‘(C) to the Commonwealth of Puerto Rico, competitive basis, by the Cooperative State (1) in subsection (c), by striking paragraph the Virgin Islands, or Guam. Research, Education, and Extension Service. (3) and inserting the following: (b) ADVISORY BOARD REVIEW.—The Advi- ‘‘(3) Not less than 25 percent shall be allot- ‘‘(i) MERIT REVIEW.— sory Board shall review, on an annual basis, ted to the States for cooperative research ‘‘(1) IN GENERAL.—Effective beginning Oc- the relevance to the Secretary’s priorities employing multidisciplinary approaches in tober 1, 1998, extension activity carried out established under section 102(a), and ade- which a State agricultural experiment sta- under subsection (h) shall be subject to merit quacy, of the funding of all agricultural re- tion, working with another State agricul- review. search, extension, or education activities of tural experiment station, the Agricultural ‘‘(2) OTHER REQUIREMENTS.—An extension the Department. Research Service, a college, or a university, activity that is merit reviewed under para- (c) REQUESTS FOR PROPOSALS.— cooperates to solve problems that concern graph (1) shall be considered to have been re- (1) REVIEW RESULTS.—As soon as prac- more than 1 State. The funds available under viewed under section 103(e) of the Agricul- ticable after the initial review is conducted this paragraph, together with the funds tural Research, Extension, and Education under subsection (b) for a fiscal year, and available under subsection (b) for a similar Reform Act of 1997.’’. each fiscal year thereafter, the Secretary purpose, shall be designated as the SEC. 106. RESEARCH FACILITIES. shall consider the results of the annual re- ‘Multistate Research Fund, State Agricul- (a) CRITERIA FOR APPROVAL.—Section view when formulating each request for pro- tural Experiment Stations’. 3(c)(2)(C)(ii) of the Research Facilities Act (7 posals, and evaluating proposals, involving ‘‘(4) Research carried out under paragraph U.S.C. 390a(c)(2)(C)(ii)) is amended by strik- an agricultural research, extension, or edu- (3) shall be subject to scientific peer review. ing ‘‘regional needs’’ and inserting ‘‘national cation activity funded, on a competitive A project review under this paragraph shall or multistate needs’’. basis, by the Department. be considered to satisfy the merit review re- (2) STAKEHOLDER INPUT.—In formulating a quirements of section 103(e) of the Agricul- (b) NATIONAL OR MULTISTATE NEEDS request for proposals described in paragraph tural Research, Extension, and Education SERVED BY ARS FACILITIES.—Section 3 of the (1), the Secretary shall solicit and consider Reform Act of 1997.’’; and Research Facilities Act (7 U.S.C. 390a) is input from stakeholders on the prior year’s (2) in subsection (d), by striking ‘‘regional amended by adding at the end the following: request for proposals. research fund, State agricultural experiment ‘‘(e) NATIONAL OR MULTISTATE NEEDS (d) SCIENTIFIC PEER REVIEW OF ARS RE- stations,’’ and inserting ‘‘Multistate Re- SERVED BY ARS FACILITIES.—The Secretary SEARCH.— search Fund, State Agricultural Experiment shall ensure that each research activity con- (1) IN GENERAL.—The Secretary shall estab- Stations,’’. ducted by a facility of the Agricultural Re- lish procedures that ensure scientific peer (b) CONFORMING AMENDMENT.—Section 5 of review of research activities of the Agricul- search Service serves a national or the Hatch Act of 1887 (7 U.S.C. 361e) is multistate need.’’. tural Research Service. amended in the first sentence by striking (2) REQUIREMENTS.—The procedures shall ‘‘regional research fund’’ and inserting (c) 10-YEAR STRATEGIC PLAN.—Section 4(d) require that— ‘‘Multistate Research Fund, State Agricul- of the Research Facilities Act (7 U.S.C. (A) at least once every 5 years, a review tural Experiment Stations’’. 390b(d)) is amended by striking ‘‘regional’’ panel verify that a research activity referred SEC. 105. EXTENSION FORMULA FUNDS FOR 1862 and inserting ‘‘multistate’’. to in paragraph (1) and research conducted INSTITUTIONS. (d) COMPREHENSIVE RESEARCH CAPACITY.— by each scientist employed by the Agricul- Section 3 of the Smith-Lever Act (7 U.S.C. Section 4 of the Research Facilities Act (7 tural Research Service— 343) is amended by adding at the end the fol- U.S.C. 390b) is amended by adding at the end (i) has scientific merit and relevance to the lowing: the following: priorities established under section 102(a); ‘‘(h) MULTISTATE COOPERATIVE EXTENSION ‘‘(g) COMPREHENSIVE RESEARCH CAPACITY.— and ACTIVITIES.— After submission of the 10-year strategic (ii) has national or multistate significance, ‘‘(1) IN GENERAL.—Not less than the appli- as required under section 101(a)(2); cable percentage specified under paragraph plan required under subsection (d), the Sec- (B) a review panel comprised of individuals (2) of the amounts that are made available to retary shall continue to review periodically with scientific expertise, a majority of whom carry out subsections (b) and (c) during a fis- each operating agricultural research facility are not employees of the Agricultural Re- cal year shall be allotted to States for coop- constructed in whole or in part with Federal search Service; and erative extension activities in which 2 or funds, and each planned agricultural re- (C) the results of the panel reviews are more States cooperate to solve problems search facility proposed to be constructed in transmitted to— that concern more than 1 State (referred to whole or in part with Federal funds, pursu- (i) the Committee on Agriculture of the in this subsection as ‘multistate activities’). ant to criteria established by the Secretary, to ensure that a comprehensive research ca- House of Representatives; ‘‘(2) APPLICABLE PERCENTAGES.— pacity is maintained.’’. (ii) the Committee on Agriculture, Nutri- ‘‘(A) CURRENT EXPENDITURES ON tion, and Forestry of the Senate; and MULTISTATE ACTIVITIES.—The Secretary of (e) PRIORITY RESEARCH.—The Competitive, (iii) the Advisory Board. Agriculture shall determine the percentage Special, and Facilities Research Grant Act (7 (e) MERIT REVIEW.— of Federal formula funds described in para- U.S.C. 450i) is amended in subsection (b)(2) (1) 1862 AND 1890 INSTITUTIONS.—Effective be- graph (1) that each State expended for fiscal by striking ‘‘regional’’ and inserting ginning October 1, 1998, to obtain agricul- year 1997 for multistate activities. ‘‘multistate’’.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11379 TITLE II—OTHER REFORMS OF AGRICUL- (vi) in paragraph (7), by striking ‘‘research ‘‘(A) section 793 of the Federal Agriculture TURAL RESEARCH, EXTENSION, AND and extension’’ and inserting ‘‘research, ex- Improvement and Reform Act of 1996 (7 EDUCATION tension, and teaching’’; and U.S.C. 2204f); or Subtitle A—Amendments to National Agricul- (vii) in paragraph (8), by striking ‘‘research ‘‘(B) section 301 of the Agricultural Re- tural Research, Extension, and Teaching capabilities’’ and inserting ‘‘research, exten- search, Extension, and Education Reform Policy Act of 1977 sion, and teaching capabilities’’; and Act of 1997.’’. (C) in subsection (b), by striking ‘‘counter- (b) ADMINISTRATIVE COSTS.—Section 1469 of SEC. 201. ADVISORY BOARD. the National Agricultural Research, Exten- Section 1408(b) of the National Agricul- part agencies’’ and inserting ‘‘counterpart sion, and Teaching Policy Act of 1977 (7 tural Research, Extension, and Teaching research, extension, and teaching agencies’’. ONFORMING AMENDMENT.—The subtitle U.S.C. 3315) is amended— Policy Act of 1977 (7 U.S.C. 3123(b)) is amend- (2) C heading of subtitle I of title XIV of the Na- (1) by striking the section heading and all ed by adding at the end the following: tional Agricultural Research, Extension, and that follows through ‘‘Except as’’ and insert- ‘‘(7) EQUAL REPRESENTATION OF PUBLIC AND Teaching Policy Act of 1977 (7 U.S.C. 3291 et ing the following: PRIVATE SECTOR MEMBERS.—In appointing members to serve on the Advisory Board, the seq.) is amended by striking ‘‘Research and ‘‘SEC. 1469. AUDITING, REPORTING, BOOK- Secretary shall ensure, to the maximum ex- Extension’’ and inserting ‘‘Research, Exten- KEEPING, AND ADMINISTRATIVE RE- QUIREMENTS. tent practicable, equal representation of sion, and Teaching’’. ‘‘(a) IN GENERAL.—Except as’’; public and private sector members.’’. (b) GRANTS FOR COLLABORATIVE PROJECTS.—Section 1458(a) of the National (2) by striking paragraph (3) and inserting SEC. 202. GRANTS AND FELLOWSHIPS FOR FOOD the following: AND AGRICULTURAL SCIENCES EDU- Agricultural Research, Extension, and CATION. Teaching Policy Act of 1977 (7 U.S.C. 3291(a)) ‘‘(3) the Secretary may retain up to 4 per- Section 1417 of the National Agricultural is amended— cent of amounts appropriated for agricul- Research, Extension, and Teaching Policy (1) in paragraph (7), by striking ‘‘and’’ at tural research, extension, and teaching as- Act of 1977 (7 U.S.C. 3152) is amended— the end; sistance programs for the administration of (1) by redesignating subsections (c), (d), (e), (2) in paragraph (8), by striking the period those programs authorized under this or any (f), (g), (h), (i), and (j) as subsections (d), (f), at the end and inserting ‘‘; and’’; and other Act; and’’; and (g), (h), (i), (j), (k), and (l), respectively; (3) by adding at the end the following: (3) by adding at the end the following: (2) by inserting after subsection (b) the fol- ‘‘(9) make competitive grants for collabo- ‘‘(b) COMMUNITY FOOD PROJECTS.—The Sec- lowing: rative projects that— retary may retain, for the administration of ‘‘(c) PRIORITIES.—In awarding grants under ‘‘(A) involve Federal scientists or sci- community food projects under section 25 of subsection (b), the Secretary shall give pri- entists from land-grant colleges and univer- the Food Stamp Act of 1977 (7 U.S.C. 2034), 4 ority to— sities or other colleges and universities with percent of amounts available for the ‘‘(1) applications for teaching enhancement scientists at international agricultural re- projects, notwithstanding the availability of projects that demonstrate enhanced coordi- search centers in other nations, including any appropriation for administrative ex- nation among all types of institutions eligi- the international agricultural research cen- penses of the projects.’’. ble for funding under this section; and ters of the Consultative Group on Inter- SEC. 206. EXPANSION OF AUTHORITY TO ENTER ‘‘(2) applications for teaching enhancement national Agriculture Research; INTO COST-REIMBURSABLE AGREE- projects that focus on innovative, multi- ‘‘(B) focus on developing and using new MENTS. disciplinary education programs, material, technologies and programs for— Section 1473A of the National Agricultural and curricula.’’; and ‘‘(i) increasing the production of food and Research, Extension, and Teaching Policy (3) by inserting after subsection (d) (as re- fiber, while safeguarding the environment Act of 1977 (7 U.S.C. 3319a) is amended in the designated by paragraph (1)) the following: worldwide and enhancing the global competi- first sentence by inserting ‘‘or other colleges ‘‘(e) FOOD AND AGRICULTURAL EDUCATION tiveness of United States agriculture; or and universities’’ after ‘‘institutions’’. INFORMATION SYSTEM.—From amounts made ‘‘(ii) training scientists; Subtitle B—Amendments to Food, Agri- available for grants authorized under this ‘‘(C) are mutually beneficial to the United culture, Conservation, and Trade Act of section, the Secretary may maintain a na- States and other countries; and 1990 tional food and agricultural education infor- ‘‘(D) encourage private sector involvement SEC. 211. NATIONAL AGRICULTURAL WEATHER mation system that contains information on and the leveraging of private sector funds.’’. INFORMATION SYSTEM. enrollment, degrees awarded, faculty, and (c) REPORTS.—Section 1458 of the National Title XVI of the Food, Agriculture, Con- employment placement in the food and agri- Agricultural Research, Extension, and servation, and Trade Act of 1990 is amended cultural sciences and such other information Teaching Policy Act of 1977 (7 U.S.C. 3291) is by striking subtitle D (7 U.S.C. 5851 et seq.) as the Secretary considers appropriate.’’. amended by adding at the end the following: and inserting the following: SEC. 203. POLICY RESEARCH CENTERS. ‘‘(d) REPORTS.—The Secretary shall provide ‘‘Subtitle D—National Agricultural Weather Section 1419A(a) of the National Agricul- biennial reports to the Committee on Agri- Information System tural Research, Extension, and Teaching culture of the House of Representatives and Policy Act of 1977 (7 U.S.C. 3155(a)) is amend- the Committee on Agriculture, Nutrition, ‘‘SEC. 1637. SHORT TITLE; PURPOSES. ed by inserting ‘‘and trade agreements’’ after and Forestry of the Senate on efforts of the ‘‘(a) SHORT TITLE.—This subtitle may be ‘‘public policies’’. Federal Government to— cited as the ‘National Agricultural Weather Information System Act of 1997’. SEC. 204. INTERNATIONAL AGRICULTURAL RE- ‘‘(1) coordinate international agricultural SEARCH, EXTENSION, AND TEACH- research within the Federal Government; ‘‘(b) PURPOSES.—The purposes of this sub- ING. and title are— (a) TEACHING.— ‘‘(2) more effectively link the activities of ‘‘(1) to facilitate the management and co- (1) IN GENERAL.—Section 1458 of the Na- domestic and international agricultural re- ordination of a national agricultural weather tional Agricultural Research, Extension, and searchers, particularly researchers of the Ag- and climate station network for Federal and Teaching Policy Act of 1977 (7 U.S.C. 3291) is ricultural Research Service.’’. State agencies, colleges and universities, and the private sector; amended— SEC. 205. GENERAL ADMINISTRATIVE COSTS. (A) in the section heading, by striking ‘‘(2) to ensure that timely and accurate in- (a) IN GENERAL.—Subtitle K of the Na- ‘‘RESEARCH AND EXTENSION’’ and insert- formation is obtained and disseminated; and tional Agricultural Research, Extension, and ing ‘‘RESEARCH, EXTENSION, AND TEACH- ‘‘(3) to aid research and education that re- Teaching Policy Act of 1977 is amended by ING’’; quires a comprehensive agricultural weather inserting before section 1463 (7 U.S.C. 3311) (B) in subsection (a)— and climate database. the following: (i) in paragraph (1)— ‘‘SEC. 1638. AGRICULTURAL WEATHER SYSTEM. (I) by striking ‘‘related research and exten- ‘‘SEC. 1461. GENERAL ADMINISTRATIVE COSTS. ‘‘(a) ESTABLISHMENT.—The Secretary of sion’’ and inserting ‘‘related research, exten- ‘‘(a) IN GENERAL.—Except as otherwise pro- Agriculture may establish the National Agri- sion, and teaching’’; and vided in law, indirect costs charged against a cultural Weather Information System (re- (II) in subparagraph (B), by striking ‘‘re- grant described in subsection (b) shall not ferred to in this subtitle as the ‘System’). search and extension on’’ and inserting ‘‘re- exceed 25 percent of the total Federal funds The System shall be comprised of the oper- search, extension, and teaching initiatives provided under the grant award, as deter- ational and research activities of the Fed- addressing’’; mined by the Secretary. eral, State, and regional agricultural weath- (ii) in paragraph (2), by striking ‘‘edu- ‘‘(b) APPLICABILITY.—Subsection (a) shall er information systems. cation’’ and inserting ‘‘teaching’’; apply to— ‘‘(b) AUTHORITY.—Notwithstanding chapter (iii) in paragraph (4), by striking ‘‘sci- ‘‘(1) a competitive research grant made 63 of title 31, United States Code, to carry entists and experts’’ and inserting ‘‘science under subsection (b) of the Competitive, Spe- out this subtitle, the Secretary may— and education experts’’; cial, and Facilities Research Grant Act (7 ‘‘(1) enter into contracts, grants, coopera- (iv) in paragraph (5), by inserting ‘‘teach- U.S.C. 450i(b)); and tive agreements and interagency agreements ing,’’ after ‘‘development,’’; ‘‘(2) except as otherwise provided in law, a without regard to competitive requirements, (v) in paragraph (6), by striking ‘‘edu- competitive research, extension, or edu- except as otherwise provided in this subtitle, cation’’ and inserting ‘‘teaching’’; cation grant made under— with other Federal and State agencies to—

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11380 CONGRESSIONAL RECORD — SENATE October 29, 1997 ‘‘(A) support operational weather and cli- ‘‘SEC. 1640. AUTHORIZATION OF APPROPRIA- ‘‘(2) ensure that current gaps in existing mate data observations, analysis, and de- TIONS. agricultural genetics knowledge are filled; rived products; ‘‘There is authorized to be appropriated to ‘‘(3) identify and develop a functional un- ‘‘(B) preserve historical data records for re- carry out this subtitle $15,000,000 for each of derstanding of genes responsible for eco- search studies useful in agriculture; fiscal years 1998 through 2002.’’. nomically important traits in plants, ani- ‘‘(C) jointly develop improved computer SEC. 212. NATIONAL FOOD GENOME STRATEGY. mals, and microbes of importance to agri- models and computing capacity for storage, Section 1671 of the Food, Agriculture, Con- culture; retrieval, dissemination and analysis of agri- servation, and Trade Act of 1990 (7 U.S.C. ‘‘(4) ensure future genetic improvement of cultural weather and climate information; 5924) is amended to read as follows: agriculturally important species; ‘‘(D) enhance the quality and availability ‘‘SEC. 1671. NATIONAL FOOD GENOME STRATEGY. ‘‘(5) support preservation of diverse of weather and climate information needed ‘‘(a) PURPOSES.—The purposes of this sec- germplasm; by the private sector for value-added prod- tion are— ‘‘(6) ensure preservation of biodiversity to ucts and agriculturalists for decisionmaking; ‘‘(1) to expand the knowledge of public and maintain access to genes that may be of im- and private sector entities and persons con- portance in the future; and ‘‘(E) sponsor joint programs to train pri- cerning genomes for species of importance to ‘‘(7) otherwise carry out the purposes of vate sector meteorologists and the food and agriculture sectors in order to this section. agriculturalists about the optimum use of maximize the return on the investment in ‘‘(c) CONTRACTS, GRANTS, AND COOPERATIVE agricultural weather and climate data; plant, animal, and microbial genomics; AGREEMENTS.— ‘‘(2) obtain standardized weather observa- ‘‘(2) to focus on the species that will yield ‘‘(1) IN GENERAL.—The Secretary may enter tion data collected in near real time through early, scientifically important results that into or make contracts, grants, or coopera- regional and State agricultural weather in- will enhance the usefulness of many plant, tive agreements with individuals and organi- formation systems; animal, and microbial species; zations in accordance with section 1472 of the ‘‘(3) coordinate the activities of the Chief ‘‘(3) to build on genomic research, such as National Agricultural Research, Extension, Meteorologist of the Department of Agri- the Human Genome Initiative and the and Teaching Policy Act of 1977 (7 U.S.C. culture and weather and climate research ac- Arabidopsis Genome Project, to understand 3318). gene structure and function that is expected tivities of the Department of Agriculture ‘‘(2) COMPETITIVE BASIS.—A grant under to have considerable payoffs in crop species with other Federal agencies and the private this subsection shall be made on a competi- ranging from corn to soybean to cotton and sector; tive basis. animal species ranging from cattle to swine ‘‘(d) ADMINISTRATION.— ‘‘(4) make grants to plan and administer to poultry; ‘‘(1) REGULATIONS.—The Secretary shall State and regional agricultural weather in- ‘‘(4) to develop improved bioinformatics to promulgate such regulations as are nec- formation systems, including research in at- enhance both sequence or structure deter- essary to carry out this section. mospheric sciences and climatology; mination and analysis of the biological func- ‘‘(2) CONSULTATION WITH THE NATIONAL ‘‘(5) encourage private sector participation tion of genes and gene products; ACADEMY OF SCIENCES.—The Secretary may in the System through cooperation with the ‘‘(5) to develop, within the National Food use funds made available under this section private sector, including cooperation in the Genome Strategy required under subsection to consult with the National Academy of generation of weather and climate data use- (b) for agriculturally important plants, ani- Sciences regarding the administration of the ful for site-specific agricultural weather mals, and microbes, a Plant Genome Initia- National Food Genome Strategy. forecasting; and tive under which— ‘‘(3) INDIRECT COSTS.—Indirect costs under ‘‘(6) make competitive grants to carry out ‘‘(A) the Plant Genome Initiative will be this section shall be allowable at the rate in- research in all aspects of atmospheric an interagency activity conducted with— direct costs are allowable for contracts, sciences and climatology regarding the col- ‘‘(i) as the lead Federal agency— grants, or cooperative agreements entered lection, retention, and dissemination of agri- ‘‘(I) the Department of Agriculture; or into or made by the National Science Foun- cultural weather and climate observations ‘‘(II) if funding provided for the Plant Ge- dation for genomic research.’’. and information with priority given to pro- nome Initiative through the Department of posals that emphasize— SEC. 213. IMPORTED FIRE ANT CONTROL, MAN- Agriculture is substantially less than fund- AGEMENT, AND ERADICATION. ‘‘(A) techniques and processes that relate ing provided for the Initiative through an- Section 1672 of the Food, Agriculture, Con- to— other Federal agency, the other Federal servation, and Trade Act of 1990 (7 U.S.C. ‘‘(i) weather- or climate-induced agricul- agency, as determined by the President; and 5925) is amended— tural losses; and ‘‘(ii) the National Science Foundation and (1) by striking subsections (a), (d), (e), and ‘‘(ii) improvement of information on the Department of Energy as participants; (f); weather and climate extremes (such as and (2) by redesignating subsections (b), (c), drought, floods, freeze, and storms) well in ‘‘(B) the National Institutes of Health will and (g) as subsections (a), (b), and (c), respec- advance of their occurrence; continue to invest in the underlying critical tively; and ‘‘(B) the improvement of site-specific technologies through its Human Genome Ini- (3) by adding at the end the following: weather data collection and forecasting; tiative and other genetics research; ‘‘(d) IMPORTED FIRE ANT CONTROL, MANAGE- ‘‘(C) the impact of weather on economic ‘‘(6) to establish, within the National Food MENT, AND ERADICATION.— and environmental costs in agricultural pro- Genome Strategy, an Animal Genome Initia- ‘‘(1) NATIONAL ADVISORY AND IMPLEMENTA- duction; or tive— TION BOARD ON IMPORTED FIRE ANT CONTROL, ‘‘(D) the preservation and management of ‘‘(A) to address the obstacles limiting the MANAGEMENT, AND ERADICATION.— the ecosystem. development and implementation of gene- ‘‘(A) ESTABLISHMENT.—The Secretary of ‘‘SEC. 1639. FUNDING AND ADMINISTRATION. based approaches for animal improvement, Agriculture may establish a National Advi- sory and Implementation Board on Imported ‘‘(a) NATIONAL OCEANIC AND ATMOSPHERIC such as high-resolution genomic maps; and ‘‘(B) to take advantage of complementary Fire Ant Control, Management, and Eradi- ADMINISTRATION WORK.—Not more than 2⁄3 of cation (referred to in this subsection as the the funds made available for a fiscal year to work of the Human Genome Initiative, the ‘Board’). carry out this subtitle shall be used for work Agricultural Research Service, and State ag- ‘‘(B) MEMBERSHIP.—The Board shall consist with the National Oceanic and Atmospheric ricultural experiment stations; of 12 members who are experts in ento- Administration. ‘‘(7) to encourage Federal Government par- ticipants to maximize the utility of public mology, ant ecology, wildlife biology, elec- ‘‘(b) ADMINISTRATIVE COSTS.—The Sec- and private partnerships for food genome re- trical engineering, economics, or agri- retary of Agriculture may retain for admin- search; business and who are appointed by the Sec- istration of the System up to 4 percent of the ‘‘(8) to allow resources developed under retary from academia, research institutes, amounts made available to carry out this this section, including data, software, and the private sector. subtitle, notwithstanding the availability of germplasm, and other biological materials, ‘‘(C) COMPENSATION.— any appropriation for administrative ex- to be openly accessible to all persons, subject ‘‘(i) IN GENERAL.—A member of the Board penses to carry out this subtitle. to any confidentiality requirements imposed shall not receive any compensation by rea- ‘‘(c) LIMITATIONS.— by law; and son of service on the Board. ‘‘(1) BUILDINGS OR FACILITIES.—Funds made ‘‘(9) to encourage international partner- ‘‘(ii) EXPENSES.—A member of the Board available to carry out this subtitle shall not ships with each partner country responsible shall be reimbursed for travel, subsistence, be used for the planning, repair, rehabilita- for financing its own strategy for food ge- and other necessary expenses incurred by the tion, acquisition, or construction of a build- nome research. member in the performance of a duty of the ing or facility. ‘‘(b) DUTIES OF SECRETARY.—The Secretary member. ‘‘(2) EQUIPMENT PURCHASES.—Of funds made of Agriculture (referred to in this section as ‘‘(D) TERMINATION.—The Board shall termi- available under a grant award under this the ‘Secretary’) shall develop and carry out nate 60 days after the date on which the na- subtitle, a grantee may use for equipment a National Food Genome Strategy to— tional plan is submitted to the Board under purchases not more than the lesser of— ‘‘(1) study and map agriculturally signifi- paragraph (4)(B). ‘‘(A) $15,000; or cant genes to achieve sustainable and secure ‘‘(2) INITIAL GRANTS.— ‘‘(B) 1⁄3 of the amount of the grant award. agricultural production; ‘‘(A) REQUEST FOR PROPOSALS.—

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‘‘(i) IN GENERAL.—The Secretary shall pub- ‘‘(C) REPORT TO CONGRESS.—Not later than ‘‘(B) as determined by the agency or asso- lish a request for proposals for grants for re- 60 days after the plan is submitted to the ciation, making progress toward the accredi- search or demonstration projects related to Board under subparagraph (B), the Secretary tation.’’. the control, management, and possible eradi- shall submit to Congress the national plan SEC. 222. COOPERATIVE AGRICULTURAL EXTEN- cation of imported fire ants. for the control, management, and possible SION WORK BY 1862, 1890, AND 1994 ‘‘(ii) INPUT FROM BOARD.—In developing a eradication of imported fire ants. INSTITUTIONS. request for proposals under clause (i), the ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— Section 3(b)(3) of the Smith-Lever Act (7 Secretary shall solicit and consider input There are authorized to be appropriated such U.S.C. 343(b)(3)) is amended in the last sen- from the Board. sums as are necessary to carry out this sub- tence by striking ‘‘State institutions’’ and all that follows through the period at the ‘‘(B) SELECTION.—Not later than 1 year section for each of fiscal years 1998 through end and inserting ‘‘1994 Institutions (in ac- after the date of publication of the request 2002.’’. cordance with regulations that the Secretary for proposals, the Secretary shall evaluate SEC. 214. AGRICULTURAL TELECOMMUNI- may promulgate) and may be administered CATIONS PROGRAM. and select meritorious research or dem- by the Institutions through cooperative onstration projects related to the control, Section 1673 of the Food, Agriculture, Con- agreements with colleges and universities el- management, and possible eradication of im- servation, and Trade Act of 1990 (7 U.S.C. igible to receive funds under the Act of July ported fire ants. 5926) is amended— 2, 1862 (12 Stat. 503, chapter 130; 7 U.S.C. 301 ‘‘(C) GRANTS.—The Secretary may award a (1) in subsection (c)— et seq.), or the Act of August 30, 1890 (26 total of $6,000,000 for each fiscal year in (A) by redesignating paragraphs (1) Stat. 419, chapter 841; 7 U.S.C. 321 et seq.), in- grants to colleges, universities, research in- through (5) as paragraphs (2) through (6), re- cluding Tuskegee University, located in any stitutes, Federal laboratories, or private en- spectively; State.’’. tities selected under subparagraph (B), for a (B) by inserting before paragraph (2) (as so SEC. 223. ELIGIBILITY OF CERTAIN COLLEGES term of not to exceed 5 years, for the purpose redesignated) the following: AND UNIVERSITIES FOR EXTENSION of conducting research or demonstration ‘‘(1) A*DEC.—The term ‘A*DEC’ means the FUNDING. projects related to the control, management, distance education consortium known as (a) IN GENERAL.—Section 3 of the Smith- and possible eradication of imported fire A*DEC.’’; and Lever Act (7 U.S.C. 343) is amended by strik- ants. Each project shall be completed not (C) by adding at the end the following: ing subsection (d) and inserting the fol- later than the end of the term of the grant. ‘‘(7) SECRETARY.—The term ‘Secretary’ lowing: ‘‘(3) SUBSEQUENT GRANTS.— means the Secretary of Agriculture, acting ‘‘(d) FUNDING OF EXTENSION ACTIVITIES.— ‘‘(A) EVALUATION; SELECTION.—If the Sec- through A*DEC.’’; ‘‘(1) IN GENERAL.—The Secretary shall re- retary awards grants under paragraph (2)(C), (2) in subsection (d)(1), by striking ‘‘The ceive such amounts as Congress shall deter- the Secretary shall— Secretary shall establish a program, to be mine for administrative, technical, and ‘‘(i) evaluate all of the research or dem- administered by the Assistant Secretary for other services and for coordinating the ex- onstration projects conducted under para- Science and Education,’’ and inserting ‘‘The tension work of the Department and the sev- graph (2)(C) for their use as the basis of a na- Secretary of Agriculture shall establish a eral States, territories, and possessions of tional plan for the control, management, and program, to be administered through a grant the United States. possible eradication of imported fire ants by provided to A*DEC under terms and condi- ‘‘(2) ELIGIBILITY OF CERTAIN COLLEGES AND the Federal Government, State and local tions established by the Secretary of Agri- UNIVERSITIES FOR EXTENSION FUNDING.— governments, and owners and operators of culture,’’; and ‘‘(A) COMPETITIVE AWARDS.—Colleges and land; and (3) in the first sentence of subsection (f)(2), universities (as defined in section 1404 of the ‘‘(ii) on the basis of the evaluation, select by striking ‘‘the Assistant Secretary for National Agricultural Research, Extension, the projects the Secretary considers most Science and Education’’ and inserting and Teaching Policy Act of 1977 (7 U.S.C. promising for additional research or dem- ‘‘A*DEC’’. 3103)), including a foundation established by the colleges or universities, shall be eligible onstration related to the control, manage- SEC. 215. ASSISTIVE TECHNOLOGY PROGRAM for extension funding awarded under para- ment, and possible eradication of imported FOR FARMERS WITH DISABILITIES. graph (1) on a competitive basis. fire ants and notify the Board of the selec- Section 1680 of the Food, Agriculture, Con- ‘‘(B) NONCOMPETITIVE AWARDS.— tion. servation, and Trade Act of 1990 (7 U.S.C. ‘‘(i) IN GENERAL.—An entity described in ‘‘(B) GRANTS.—The Secretary may award a 5933) is amended— clause (ii) shall be eligible for extension grant of up to $4,000,000 for each fiscal year (1) in subsection (a), by striking paragraph funding awarded under paragraph (1) on a to each of the colleges, universities, research (6); noncompetitive basis. institutes, Federal laboratories, or private (2) in subsection (b)— ‘‘(ii) APPLICABILITY.—Clause (i) shall apply entities selected under subparagraph (A)(ii) (A) in striking ‘‘DISSEMINATION.—’’ and all to— for the purpose of conducting research or that follows through ‘‘GENERAL.—The’’ and ‘‘(I) a college or university eligible to re- demonstration projects for the preparation inserting ‘‘DISSEMINATION.—The’’; and ceive funds under the Act of July 2, 1862 (12 of a national plan for the control, manage- (B) by striking paragraph (2); and Stat. 503, chapter 130; 7 U.S.C. 301 et seq.); ment, and possible eradication of imported (3) by adding at the end the following: ‘‘(II) a college or university eligible to re- fire ants. Each project shall be completed ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ceive funds under the Act of August 30, 1890 not later than 2 years after the grant is ‘‘(1) IN GENERAL.—Subject to paragraph (2), (26 Stat. 419, chapter 841; 7 U.S.C. 321 et seq.), made. there is authorized to be appropriated to including Tuskegee University; ‘‘(4) NATIONAL PLAN.— carry out this section $6,000,000 for each of ‘‘(III) a 1994 Institution (as defined in sec- ‘‘(A) EVALUATION; SELECTION.—If the Sec- fiscal years 1998 through 2002. tion 532 of the Equity in Educational Land- retary awards grants under paragraph (3)(B), ‘‘(2) NATIONAL GRANT.—Not more than 15 Grant Status Act of 1994 (Public Law 103–382; the Secretary shall— percent of the amounts made available under 7 U.S.C. 301 note)); and ‘‘(i) evaluate all of the research or dem- paragraph (1) for a fiscal year shall be used ‘‘(IV) a foundation established by a college, onstration projects conducted under para- to carry out subsection (b).’’. university, or Institution described in this graph (3)(B) for their use as the basis of a na- Subtitle C—Amendments to Other Laws clause. tional plan for the control, management, and ‘‘(3) MEMORANDA OF UNDERSTANDING, COOP- SEC. 221. 1994 INSTITUTIONS. possible eradication of imported fire ants by ERATIVE AGREEMENTS, AND REIMBURSABLE the Federal Government, State and local (a) DEFINITION.—Section 532 of the Equity AGREEMENTS.—To maximize the use of Fed- governments, and owners and operators of in Educational Land-Grant Status Act of eral resources, the Secretary of Agriculture land; and 1994 (Public Law 103–382; 7 U.S.C. 301 note) is shall, to the maximum extent practicable, ‘‘(ii) on the basis of the evaluation, select amended by adding at the end the following: enter into memoranda of understanding, co- 1 project funded under paragraph (3)(B), or a ‘‘(30) Little Priest Tribal College.’’. operative agreements, or reimbursable combination of grant projects, as the basis (b) ACCREDITATION.—Section 533(a) of the agreements with other Federal agencies for the plan and notify the Board of the se- Equity in Educational Land-Grant Status under which the agencies provide funds, fa- lection. Act of 1994 (Public Law 103–382; 7 U.S.C. 301 cilities, and other resources of the agencies ‘‘(B) GRANT.—The Secretary may award a note) is amended by adding at the end the to the Department of Agriculture to assist grant of up to $5,000,000 to the sponsor or following: the Department in carrying out extension sponsors of the grant project selected under ‘‘(3) ACCREDITATION.—To receive funding work.’’. subparagraph (A)(ii) for the purpose of the under sections 534 and 535, a 1994 Institution (b) CONFORMING AMENDMENTS.—Section 3 of final preparation of the national plan for the shall certify to the Secretary that the Insti- the Smith-Lever Act (7 U.S.C. 343) is amend- control, management, and possible eradi- tution is— ed— cation of imported fire ants that is based on ‘‘(A) accredited by a nationally recognized (1) in subsections (b)(1) and (c), by striking the project. If the Secretary awards a grant accrediting agency or association deter- ‘‘Federal Extension Service’’ each place it under this subparagraph, the national plan mined by the Secretary, in consultation with appears and inserting ‘‘Secretary of Agri- shall be completed, and submitted to the the Secretary of Education, to be a reliable culture’’; and Board, not later than 1 year after the grant authority as to the quality of training of- (2) in subsection (g)(1), by striking is made. fered; or ‘‘through the Federal Extension Service’’.

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SEC. 224. INTEGRATION OF RESEARCH AND EX- (1) IN GENERAL.—The Competitive, Special, ‘‘(6) SET ASIDE FOR ADMINISTRATIVE TENSION. and Facilities Research Grant Act (7 U.S.C. COSTS.—Of the amounts made available for a (a) IN GENERAL.—Section 3 of the Hatch 450i) is amended by striking subsection (c) fiscal year to carry out this subsection, not Act of 1887 (7 U.S.C. 361c) is amended by add- and inserting the following: more than 4 percent of the amounts may be ing at the end the following: ‘‘(c) SPECIAL GRANTS.— retained by the Secretary to pay administra- ‘‘(h) INTEGRATION OF RESEARCH AND EXTEN- ‘‘(1) IN GENERAL.—The Secretary of Agri- tive costs incurred by the Secretary to carry SION.— culture may make grants, for periods not to out this subsection.’’. ‘‘(1) IN GENERAL.—Not less than the appli- exceed 3 years, to colleges, universities, (2) EFFECTIVE DATE.—The amendment cable percentage specified under paragraph other research institutions and organiza- made by paragraph (1) takes effect on Octo- (2) of the Federal formula funds that are tions, Federal agencies, private organiza- ber 1, 1998. made available to carry out this Act and tions or corporations, and individuals for the SEC. 226. FUND FOR RURAL AMERICA. subsections (b) and (c) of section 3 of the purpose of conducting research to address— Section 793(b) of the Federal Agriculture Smith-Lever Act (7 U.S.C. 343), to colleges ‘‘(A) agricultural research needs of imme- Improvement and Reform Act of 1996 (7 and universities eligible to receive funds diate importance, by themselves or in con- U.S.C. 2204f(b)) is amended— under the Act of July 2, 1862 (12 Stat. 503, junction with extension or education; or (1) in paragraph (1), by striking ‘‘January chapter 130; 7 U.S.C. 301 et seq.), during a fis- ‘‘(B) new or emerging areas of agricultural 1, 1997, October 1, 1998, and October 1, 1999’’ cal year shall be allotted to activities that research, by themselves or in conjunction and inserting ‘‘October 1, 1997, and each Oc- integrate cooperative research and extension with extension or education. tober 1 thereafter through October 1, 2001’’; (referred to in this subsection as ‘integrated ‘‘(2) LIMITATIONS.—The Secretary may not and activities’). make a grant under this subsection— (2) by striking paragraph (3) and inserting ‘‘(2) APPLICABLE PERCENTAGES.— ‘‘(A) for any purpose for which a grant may the following: ‘‘(A) CURRENT EXPENDITURES ON INTE- be made under subsection (d); or ‘‘(3) PURPOSES.—Subject to subsection (d), GRATED ACTIVITIES.—The Secretary of Agri- ‘‘(B) for the planning, repair, rehabilita- of the amounts transferred to the Account culture shall determine the percentage of the tion, acquisition, or construction of a build- for a fiscal year, the Secretary shall make Federal formula funds described in para- ing or facility. available— graph (1) that each State expended for fiscal ‘‘(3) REVIEW REQUIREMENTS.— ‘‘(A) for activities described in subsection year 1997 for integrated activities. ‘‘(A) RESEARCH ACTIVITIES.—The Secretary (c)(1), not less than 50 percent, and not more ‘‘(B) PLANNED EXPENDITURES ON INTE- shall make a grant under this subsection for than 67 percent, of the funds in the Account; GRATED ACTIVITIES.—For fiscal year 2000 and a research activity only if— and each subsequent fiscal year, a State shall ex- ‘‘(i) the activity has undergone scientific ‘‘(B) for activities described in subsection pend for integrated activities a percentage of peer review arranged by the grantee in ac- (c)(2), all funds in the Account not made the Federal formula funds described in para- cordance with regulations promulgated by available under subparagraph (A).’’. graph (1) for a fiscal year that is at least the Secretary; and SEC. 227. HONEY RESEARCH, PROMOTION, AND equal to the lesser of— ‘‘(ii) except in the case of a grant awarded CONSUMER INFORMATION. ‘‘(i) 25 percent; or competitively under this subsection, the (a) FINDINGS AND PURPOSES.—Section 2 of ‘‘(ii) twice the percentage for the State de- grantee provides to the Secretary a proposed the Honey Research, Promotion, and Con- termined under subparagraph (A). plan for graduation from noncompetitive sumer Information Act (7 U.S.C. 4601) is ‘‘(C) REDUCTION BY SECRETARY.—The Sec- Federal funding for grants under this sub- amended— retary may reduce the minimum percentage section. (1) by striking the section heading and required to be allotted for integrated activi- ‘‘(B) EXTENSION AND EDUCATION ACTIVI- ‘‘SEC. 2. The Congress’’ and inserting the fol- ties under subparagraph (B) in a case of TIES.—The Secretary shall make a grant lowing: hardship, infeasibility, or other similar cir- under this subsection for an extension or ‘‘SEC. 2. FINDINGS AND PURPOSES. cumstance beyond the control of the State, education activity only if— ‘‘(a) FINDINGS.—Congress’’; and as determined by the Secretary. ‘‘(i) the activity has undergone merit re- (2) in subsection (a) (as designated by para- ‘‘(D) COMPLIANCE.—The State shall provide view arranged by the grantee in accordance graph (1)), by adding at the end the fol- to the Secretary a description of the manner with regulations promulgated by the Sec- lowing: in which the State will meet the require- retary; and ‘‘(8) Research directed at improving the ments of this paragraph. ‘‘(ii) except in the case of a grant awarded cost-effectiveness and efficiency of bee- ‘‘(3) APPLICABILITY.—This subsection does competitively under this subsection, the keeping and developing better means of deal- not apply to funds provided— grantee provides to the Secretary a proposed ing with pest and disease problems is essen- ‘‘(A) by a State or local government pursu- plan for graduation from noncompetitive tial to keeping honey and honey product ant to a matching requirement; Federal funding for grants under this sub- prices competitive, facilitating market ‘‘(B) to a 1994 Institution (as defined in sec- section. growth, and maintaining the financial well- tion 532 of the Equity in Educational Land- ‘‘(4) PARTNERSHIPS.— being of the honey industry. Grant Status Act of 1994 (Public Law 103–382; ‘‘(A) IMMEDIATE NEEDS.—Except in the case ‘‘(9) Research involving the quality, safety, 7 U.S.C. 301 note)); or of a grant awarded competitively under this and image of honey and honey products, and ‘‘(C) to the Commonwealth of Puerto Rico, subsection, to receive a grant under para- how that quality, safety, and image may be the Virgin Islands, or Guam. graph (1)(A), a recipient of a grant shall affected during the extraction, processing, enter into a partnership to carry out the ‘‘(4) OTHER REQUIREMENTS.—Funds that are packaging, marketing, and other stages of used in accordance with paragraph (2)(B) grant with another entity referred to in the honey and honey product production and may also be used to satisfy the requirements paragraph (1). distribution process, is highly important to of subsection (c)(3) and the requirements of ‘‘(B) NEW AND EMERGING AREAS.—Except in building and maintaining markets for honey section 3(h) of the Smith-Lever Act (7 U.S.C. the case of a grant awarded competitively and honey products.’’. 343(h)).’’. under this subsection, after a recipient has (b) RESEARCH PROJECTS.—Section 7(f) of (b) CONFORMING AMENDMENT.—Section 3 of received a grant under paragraph (1)(B) for 3 the Honey Research, Promotion, and Con- the Smith-Lever Act (7 U.S.C. 343) (as consecutive years, to receive such a grant for sumer Information Act (7 U.S.C. 4606(f)) is amended by section 105(2)) is amended by an additional year, the recipient shall enter amended— adding at the end the following: into a partnership to carry out the grant (1) by striking ‘‘(f) Funds’’ and inserting ‘‘(j) REFERENCE TO OTHER LAW.—Section with 2 or more entities referred to in para- the following: 3(h) of the Hatch Act of 1887 (7 U.S.C. 361c(h)) graph (1). ‘‘(f) USE OF FUNDS.— shall apply to amounts made available to ‘‘(5) REPORTS.— ‘‘(1) IN GENERAL.—Funds’’; carry out this Act.’’. ‘‘(A) IN GENERAL.—A recipient of a grant (2) by striking ‘‘The Secretary shall’’ and SEC. 225. COMPETITIVE, SPECIAL, AND FACILI- under this subsection shall— inserting the following: TIES RESEARCH GRANTS. ‘‘(i) prepare on an annual basis a report de- ‘‘(3) REIMBURSEMENT.—The Secretary (a) COMPETITIVE GRANTS.—The Competi- scribing the results of the research, exten- shall’’; and tive, Special, and Facilities Research Grant sion, or education activity and the merit of (3) by inserting after paragraph (1) (as des- Act (7 U.S.C. 450i) is amended in subsection the results; and ignated by paragraph (1)) the following: (b)— ‘‘(ii) submit the report to the Secretary. ‘‘(2) RESEARCH PROJECTS.— (1) in the first sentence of paragraph (1), by ‘‘(B) PUBLIC AVAILABILITY.— ‘‘(A) IN GENERAL.—The Honey Board shall inserting ‘‘national laboratories,’’ after ‘‘(i) IN GENERAL.—Except as provided in reserve at least 8 percent of all assessments ‘‘Federal agencies,’’; and clause (ii), on request, the Secretary shall collected during a year for expenditure on (2) in the second sentence of paragraph make the report available to the public. approved research projects designed to ad- (3)(E), by striking ‘‘an individual shall have ‘‘(ii) EXCEPTIONS.—Clause (i) shall not vance the cost-effectiveness, competitive- less than’’ and all that follows through ‘‘re- apply to the extent that making the report, ness, efficiency, pest and disease control, and search experience’’ and inserting ‘‘an indi- or a part of the report, available to the pub- other management aspects of beekeeping and vidual shall be within 5 years of the individ- lic is not authorized or permitted by section honey production. ual’s initial career track position’’. 552 of title 5, United States Code, or section ‘‘(B) SUBSEQUENT AVAILABILITY.—If all (b) SPECIAL GRANTS.— 1905 of title 18, United States Code. funds reserved under subparagraph (A) are

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not allocated to approved research projects culture Act of 1980 (16 U.S.C. 2803) is amend- ‘‘(d) TREATMENT OF AQUACULTURE.—The in a year, any unallocated reserved funds ed— Secretary shall treat— shall be carried forward for allocation and (1) in subsection (c)— ‘‘(1) private aquaculture as agriculture; expenditure under subparagraph (A) in subse- (A) in subparagraph (A), by adding ‘‘and’’ and quent years.’’. at the end; ‘‘(2) commercially cultivated aquatic ani- SEC. 228. OFFICE OF ENERGY POLICY AND NEW (B) in subparagraph (B), by striking ‘‘; mals, plants, and microorganisms, and prod- USES. and’’ and inserting a period; and ucts of the animals, plants, and microorga- Subtitle A of the Department of Agri- (C) by striking subparagraph (C); nisms, produced by private persons and culture Reorganization Act of 1994 (7 U.S.C. (2) in the second sentence of subsection (d), transported or moved in standard com- 6911 et seq.) is amended by adding at the end by striking ‘‘Secretaries determine that’’ modity channels as agricultural livestock, the following: and inserting ‘‘Secretary, in consultation crops, and commodities. ‘‘SEC. 220. OFFICE OF ENERGY POLICY AND NEW with the Secretary of Commerce, the Sec- ‘‘(e) PRIVATE AQUACULTURE POLICY COORDI- USES. retary of the Interior, and the heads of such NATION, DEVELOPMENT, AND IMPLEMENTA- ‘‘An Office of Energy Policy and New Uses other agencies as the Secretary determines TION.— of the Department shall be established in the are appropriate, determines that’’; and ‘‘(1) RESPONSIBILITY.—The Secretary shall Office of the Secretary.’’. (3) in subsection (e), by striking ‘‘Secre- have responsibility for coordinating, devel- oping, and carrying out policies and pro- SEC. 229. KIWIFRUIT RESEARCH, PROMOTION, taries’’ and inserting ‘‘Secretary, in con- AND CONSUMER INFORMATION PRO- sultation with the Secretary of Commerce, grams for private aquaculture. GRAM. the Secretary of the Interior, and the heads ‘‘(2) DUTIES.—The Secretary shall— (a) AMENDMENTS TO ORDERS.—Section of such other agencies as the Secretary de- ‘‘(A) coordinate all intradepartmental 554(c) of the National Kiwifruit Research, termines are appropriate,’’. functions and activities relating to private Promotion, and Consumer Information Act (c) FUNCTIONS AND POWERS OF SECRE- aquaculture; and (7 U.S.C. 7463(c)) is amended in the second TARIES.—Section 5(b)(3) of the National ‘‘(B) establish procedures for the coordina- sentence by inserting before the period at Aquaculture Act of 1980 (16 U.S.C. 2804(b)(3)) tion of functions, and consultation with, the the end the following: ‘‘, except that an is amended by striking ‘‘Secretaries deem’’ coordinating group. amendment to an order shall not require a and inserting ‘‘Secretary, in consultation ‘‘(f) LIAISON WITH DEPARTMENTS OF COM- referendum to become effective’’. with the Secretary of Commerce, the Sec- MERCE AND THE INTERIOR.—The Secretary of (b) NATIONAL KIWIFRUIT BOARD.—Section retary of the Interior, and the heads of such Commerce and the Secretary of the Interior 555 of the National Kiwifruit Research, Pro- other agencies as the Secretary determines shall each designate an officer or employee motion, and Consumer Information Act (7 are appropriate, consider’’. of the Department of the Secretary to be the (d) COORDINATION OF NATIONAL ACTIVITIES U.S.C. 7464) is amended— liaison of the Department to the Secretary REGARDING AQUACULTURE.—The first sen- (1) in subsection (a), by striking para- of Agriculture.’’. tence of section 6(a) of the National Aqua- graphs (1) through (3) and inserting the fol- (f) AUTHORIZATION OF APPROPRIATIONS.— culture Act of 1980 (16 U.S.C. 2805(a)) is lowing: Section 11 of the National Aquaculture Act amended by striking ‘‘(f)’’ and inserting ‘‘(1) 10 members who are producers, export- of 1980 (as redesignated by subsection (e)(1)) ‘‘(e)’’. is amended by striking ‘‘the fiscal years 1991, ers, or importers (or their representatives), (e) NATIONAL POLICY FOR PRIVATE AQUA- based on a proportional representation of the 1992, and 1993’’ each place it appears and in- CULTURE.—The National Aquaculture Act of serting ‘‘fiscal years 1991 through 2002’’. level of domestic production and imports of 1980 (16 U.S.C. 2801 et seq.) is amended— kiwifruit (as determined by the Secretary). (1) by redesignating sections 7, 8, 9, 10, and Subtitle D—New Programs ‘‘(2) 1 member appointed from the general 11 as sections 8, 9, 10, 11, and 12, respectively; SEC. 231. BIOBASED PRODUCTS. public.’’; and (a) DEFINITION OF BIOBASED PRODUCT.—In (2) in subsection (b)— (2) by inserting after section 6 (16 U.S.C. this section, the term ‘‘biobased product’’ (A) by striking ‘‘MEMBERSHIP.—’’ and all 2805) the following: means a product that is produced from a re- that follows through ‘‘paragraph (2), the’’ ‘‘SEC. 7. NATIONAL POLICY FOR PRIVATE AQUA- newable agricultural or forestry product. and inserting ‘‘MEMBERSHIP.—Subject to the CULTURE. (b) COORDINATION OF BIOBASED PRODUCT AC- 11-member limit, the’’; and ‘‘(a) IN GENERAL.—In consultation with the TIVITIES.—The Secretary shall— (B) by striking paragraph (2); and Secretary of Commerce and the Secretary of (1) coordinate the research, technical ex- (3) in subsection (c)— the Interior, the Secretary shall coordinate pertise, economic information, and market (A) in paragraph (2), by inserting ‘‘who are and implement a national policy for private information resources and activities of the producers’’ after ‘‘members’’; aquaculture in accordance with this section. Department to develop, commercialize, and (B) in paragraph (3), by inserting ‘‘who are In developing the policy, the Secretary may promote the use of biobased products; importers or exporters’’ after ‘‘members’’; consult with other agencies and organiza- (2) solicit input from private sector persons and tions. who produce, or are interested in producing, (C) in the second sentence of paragraph (5), ‘‘(b) DEPARTMENT OF AGRICULTURE AQUA- biobased products; by inserting ‘‘and alternate’’ after ‘‘mem- CULTURE PLAN.— (3) provide a centralized contact point for ber’’. ‘‘(1) IN GENERAL.—The Secretary shall de- advice and technical assistance for prom- SEC. 230. NATIONAL AQUACULTURE POLICY, velop and implement a Department of Agri- ising and innovative biobased products; and PLANNING, AND DEVELOPMENT. culture Aquaculture Plan (referred to in this (4) submit an annual report to Congress de- (a) DEFINITIONS.—Section 3 of the National section as the ‘Department plan’) for a uni- scribing the coordinated research, mar- Aquaculture Act of 1980 (16 U.S.C. 2802) is fied aquaculture program of the Department keting, and commercialization activities of amended— of Agriculture (referred to in this section as the Department relating to biobased prod- (1) in paragraph (1), by striking ‘‘the propa- the ‘Department’) to support the develop- ucts. gation’’ and all that follows through the pe- ment of private aquaculture. (c) RESEARCH AND COOPERATIVE AGREE- riod at the end and inserting the following: ‘‘(2) ELEMENTS OF DEPARTMENT PLAN.—The MENTS FOR BIOBASED PRODUCTS.— ‘‘the commercially controlled cultivation of Department plan shall address— (1) DEFINITION OF ELIGIBLE CONTRACTOR.—In aquatic plants, animals, and microorga- ‘‘(A) programs of individual agencies of the this subsection, the term ‘‘eligible con- nisms, but does not include private for-profit Department related to aquaculture that are tractor’’ means— ocean ranching of Pacific salmon in a State consistent with Department programs re- (A) a party that has entered into a cooper- in which the ranching is prohibited by law.’’; lated to other areas of agriculture, including ative research and development agreement (2) in paragraph (3), by striking ‘‘or aquatic livestock, crops, products, and commodities with the Department under section 12 of the plant’’ and inserting ‘‘aquatic plant, or under the jurisdiction of agencies of the De- Stevenson-Wydler Technology Innovation microorganism’’; partment; Act of 1980 (15 U.S.C. 3710a); (3) by redesignating paragraphs (7) through ‘‘(B) the treatment of cultivated aquatic (B) a recipient of funding from the Alter- (9) as paragraphs (8) through (10), respec- animals as livestock and cultivated aquatic native Agricultural Research and Commer- tively; and plants as agricultural crops; and cialization Corporation established under (4) by inserting after paragraph (6) the fol- ‘‘(C) means for effective coordination and section 1658 of the Food, Agriculture, Con- lowing: implementation of aquaculture activities servation, and Trade Act of 1990 (7 U.S.C. ‘‘(7) PRIVATE AQUACULTURE.—The term ‘pri- and programs within the Department, in- 5902); vate aquaculture’ means the commercially cluding individual agency commitments of (C) a recipient of funding from the Bio- controlled cultivation of aquatic plants, ani- personnel and resources. technology Research and Development Cen- mals, and microorganisms other than cul- ‘‘(c) NATIONAL AQUACULTURE INFORMATION ter; or tivation carried out by the Federal Govern- CENTER.—In carrying out section 5, the Sec- (D) a recipient of funding from the Depart- ment, any State or local government, or an retary may maintain and support a National ment under a Small Business Innovation Re- Indian tribe recognized by the Bureau of In- Aquaculture Information Center at the Na- search Program established under section 9 dian Affairs.’’. tional Agricultural Library as a repository of the Small Business Act (15 U.S.C. 638). (b) NATIONAL AQUACULTURE DEVELOPMENT for information on national and inter- (2) RESEARCH.—The Secretary may use the PLAN.—Section 4 of the National Aqua- national aquaculture. funds, facilities, and technical expertise of

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the Agricultural Research Service, coopera- (4) PRECISION AGRICULTURE TECHNOLOGIES.— (7) The study of whether precision agri- tive research and development agreement The term ‘‘precision agriculture tech- culture technologies are applicable and ac- funds, or other funds— nologies’’ includes— cessible to small and medium size farms and (A) to enter into cooperative agreements (A) instrumentation and techniques rang- the study of methods of improving the appli- with eligible contractors to operate pilot ing from sophisticated sensors and software cability of precision agriculture technologies plants and other large-scale preparation fa- systems to manual sampling and data collec- to the farms. cilities to promote the practical application tion tools that measure, record, and manage (c) EDUCATION AND INFORMATION DISSEMINA- of biobased technologies; and spatial and temporal data; TION.—Of the funds allocated for grants (B) to conduct— (B) technologies for searching out and as- under this section, the Secretary shall re- (i) research on environmental impacts of sembling information necessary for sound serve a portion of the funds for education the technologies; agricultural production decisionmaking; and information dissemination grants re- (ii) research on lowering the cost of manu- (C) open systems technologies for data net- garding precision agriculture. facturing biobased products; or working and processing that produce valued (d) PRECISION AGRICULTURE PARTNER- (iii) other appropriate research. systems for farm management decision- SHIPS.— (1) ESTABLISHMENT.—In carrying out this (3) SALE OF BIOBASED PRODUCTS.—For the making, including high bandwidth networks, section, the Secretary, in consultation with purpose of determining the market potential distributed processing, spatial databasing, the Advisory Board, shall encourage the es- for biobased products, an eligible contractor object technology, global positioning sys- tablishment of appropriate multistate and who enters into a cooperative agreement tems, data modeling, high performance national partnerships or consortia among— may sell biobased products produced at a image processing, high resolution satellite (A) land-grant colleges and universities; pilot plant or other large-scale preparation imagery, digital orthophotogrammetry sim- (B) State agricultural experiment stations; facility under paragraph (2). ulation, geographic information systems, (C) State cooperative extension services; computer aided design, and digital cartog- (d) PILOT PROJECT.— (D) other colleges and universities with de- raphy; or (1) IN GENERAL.—The Secretary, acting monstrable expertise regarding precision ag- (D) machines that deliver information through the Agricultural Research Service, riculture; shall establish and carry out a pilot project based management practices, including glob- (E) agencies of the Department; under which grants are provided, on a com- al positioning satellites, digital field map- (F) national laboratories; petitive basis, to scientists of the Agricul- ping, on-the-go yield monitoring, automated (G) agribusinesses; tural Research Service to— pest scouting, and site-specific agricultural (H) agricultural equipment and input man- (A) encourage innovative and collaborative input application to accomplish the objec- ufacturers and retailers; science; and tives of precision agriculture. (I) certified crop advisers; (B) during each of fiscal years 1999 through (5) SYSTEMS RESEARCH.—The term ‘‘sys- (J) commodity organizations; 2001, develop biobased products with prom- tems research’’ means an integrated, coordi- (K) other Federal or State government en- ising commercial potential. nated, and iterative investigative process tities and agencies; (2) AUTHORIZATION OF APPROPRIATIONS.— that considers the multiple interacting com- (L) nonagricultural industries and non- There is authorized to be appropriated to ponents and aspects of precision agriculture profit organizations with demonstrable ex- carry out this subsection $10,000,000 for each systems, including synthesis of new knowl- pertise regarding precision agriculture; and of fiscal years 1999 through 2002. edge regarding the physical-chemical-bio- (M) agricultural producers and other land logical processes and complex interactions managers. SEC. 232. PRECISION AGRICULTURE. with cropping and natural resource systems, (2) AGREEMENT BETWEEN SECRETARY OF EN- (a) DEFINITIONS.—In this section: precision agriculture technologies develop- ERGY AND SECRETARY OF AGRICULTURE.—The (1) AGRICULTURAL INPUTS.—The term ‘‘agri- ment and implementation, data and informa- partnerships established pursuant to this cultural inputs’’ includes all farm manage- tion collection and interpretation, produc- subsection may include the agreement en- ment, agronomic, and field-applied agricul- tion scale planning, production-scale imple- tered into (before the date of enactment of tural production inputs, such as machinery, mentation, and farm production efficiencies, this Act) by the Secretary of Energy (on be- labor, time, fuel, irrigation water, commer- productivity, and profitability. half of the national laboratories of the De- cial nutrients, livestock waste, crop protec- (b) GRANTS.—After consultation with the partment of Energy) and the Secretary of tion chemicals, agronomic data and informa- Advisory Board, the Secretary may make Agriculture (on behalf of agencies of the De- tion, application and management services, competitive grants, for periods not to exceed partment) to promote cooperation and co- seed, and other inputs used in agricultural 5 years, to eligible entities to carry out re- ordination between the national laboratories production. search, education, and information dissemi- of the Department of Energy and agencies of (2) ELIGIBLE ENTITY.—The term ‘‘eligible nation projects for the development and pro- the Department of Agriculture in the areas entity’’ means— motion of precision agriculture. The projects of systems research, technology research and (A) a State agricultural experiment sta- shall address 1 or more of the following: development, and the transfer, utilization, tion; (1) The study and promotion of components and private-sector commercialization of (B) a college or university; of precision agriculture technologies using a technology. (C) a research institution or organization; systems research approach designed to in- (3) ROLE OF PARTNERSHIPS.—Partnerships (D) a Federal agency; crease long-term site-specific and whole- described in paragraph (1) shall be eligible (E) a national laboratory; farm production efficiencies, productivity, grantees for conducting systems research (F) a private organization or corporation; and profitability. (including on-farm research) regarding preci- or (2) The improvement in the understanding sion agriculture and precision agriculture (G) an individual. of agronomic systems, including soil, water, technologies. (3) PRECISION AGRICULTURE.—The term land cover, and meteorological variability. (e) LIMITATION.—A grant made under this ‘‘precision agriculture’’ means an integrated (3) The development, demonstration, and section may not be used for the planning, re- information- and production-based farming dissemination of information regarding pre- pair, rehabilitation, acquisition, or construc- system that is designed to increase long- cision agriculture technologies and systems tion of a building or facility. term site-specific and whole-farm production into an integrated program. (f) MATCHING FUNDS.—The Secretary may efficiencies, productivity, and profitability (4) The promotion of systems research and not take the offer or availability of match- while minimizing unintended impacts on education projects focusing on the integra- ing funds into consideration in making a wildlife and the environment by— tion of the multiple aspects of precision agri- grant under this section. (A) combining agricultural sciences, agri- culture, including development, production- (g) ANNUAL REPORT.—Not later than Janu- cultural inputs and practices, agronomic scale implementation, and farm production ary 1 of each year, the Secretary shall trans- production databases, and precision agri- efficiencies, productivity, and profitability. mit to Congress an annual report describing the policies, priorities, and operations of the culture technologies to efficiently manage (5) The education of agricultural producers grant program authorized by this section agronomic systems; and consumers regarding the costs and bene- during the preceding fiscal year. (B) gathering on-farm information per- fits of precision agriculture as it relates to (h) REGULATIONS.—The Secretary shall pro- taining to the variation and interaction of increased long-term farm production effi- mulgate such regulations as the Secretary site-specific spatial and temporal factors af- ciencies, productivity, and profitability, as considers necessary to carry out this section. fecting crop production; well as the maintenance of the environment (i) APPLICABILITY OF OTHER LAWS.—The (C) integrating the information with ap- and improvements in international trade. Federal Advisory Committee Act (5 U.S.C. propriate data derived from remote sensing (6) The provision of training and edu- App.) and title XVIII of the Food and Agri- and other precision agriculture technologies cational programs for State cooperative ex- culture Act of 1977 (7 U.S.C. 2281 et seq.) shall in a timely manner in order to facilitate on- tension services agents, agricultural pro- not apply to a panel or board created for the farm decisionmaking; or ducers, agricultural input machinery, prod- purpose of reviewing applications or pro- (D) using the information to prescribe and uct, and service providers, and certified crop posals submitted under this section. deliver site-specific application of agricul- advisers and other professionals involved in (j) AUTHORIZATION OF APPROPRIATIONS.— tural inputs and management practices in agricultural production and the transfer of (1) IN GENERAL.—There are authorized to be agricultural production systems. integrated precision agriculture technology. appropriated such sums as are necessary to

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carry out this section for each of fiscal years (2) PRIORITY.—In awarding contracts under sizes and scales and to identify the specific 1998 through 2002, of which, for each fiscal subsection (a), the Secretary shall— research and education needs of the pro- year— (A) review the proposals; and ducers. (A) not less than 30 percent shall be avail- (B) provide a higher priority to proposals (c) ADMINISTRATION.—The Secretary may able to make grants for research to be con- that— use the funds, facilities, and technical exper- ducted by multidisciplinary teams; (i) are— tise of the Agricultural Research Service and (B) not less than 40 percent shall be avail- (I) the most cost effective for the Federal the Cooperative State Research, Education, able to make grants for research to be con- Government; or and Extension Service and other funds avail- ducted by eligible entities conducting mis- (II) safer, based on the relative safety of able to the Secretary (other than funds of sion-linked systems research; and the proposed facility in comparison to facili- the Commodity Credit Corporation) to carry (C) not more than 4 percent may be re- ties of the Animal and Plant Health Inspec- out this section. tained by the Secretary to pay administra- tion Service located in Ames, Iowa, in exist- SEC. 238. SUPPORT FOR RESEARCH REGARDING tive costs incurred by the Secretary in car- ence on the date of enactment of this Act; DISEASES OF WHEAT AND BARLEY rying out this section. and CAUSED BY FUSARIUM GRAMINEARUM. (2) AVAILABILITY OF FUNDS.—Funds made (ii) allow for the use of donated land, feder- (a) RESEARCH GRANT AUTHORIZED.—The available under paragraph (1) shall be avail- ally owned property, or lease-purchase ar- Secretary may make a grant to a consortium able for obligation for a 2-year period begin- rangements. of land-grant colleges and universities to en- ning on October 1 of the fiscal year for which (c) DONATIONS.—In carrying out this sec- hance the ability of the consortium to carry the funds are made available. tion, the Secretary may, in connection with out a multi-State research project aimed at SEC. 233. FORMOSAN TERMITE ERADICATION real property, buildings, and facilities, ac- understanding and combating diseases of PROGRAM. cept on behalf of the Animal and Plant wheat and barley caused by Fusarium (a) RESEARCH PROGRAM.—The Secretary Health Inspection Service such gifts or dona- graminearum and related fungi (referred to may make competitive research grants for tions of services or property, real or per- in this section as ‘‘wheat scab’’). terms of not to exceed 5 years to regional sonal, as the Secretary determines nec- (b) RESEARCH COMPONENTS.—Funds pro- and multijurisdictional entities, local gov- essary. vided under this section shall be available ernment planning organizations, and local (d) AUTHORIZATION OF APPROPRIATIONS.— for the following collaborative, multi-State governments for the purpose of conducting There are authorized to be appropriated such research activities: research for the control, management, and sums as are necessary to carry out this sec- (1) Identification and understanding of the possible eradication of Formosan termites in tion for each of fiscal years 1998 through 2002, epidemiology of wheat scab and the toxi- the United States. to remain available until expended. cological properties of vomitoxin, a toxic (b) ERADICATION PROGRAM.— SEC. 236. NATIONAL SWINE RESEARCH CENTER. metabolite commonly occurring in wheat (1) IN GENERAL.—The Secretary may enter Subject to the availability of appropria- and barley infected with wheat scab. into cooperative agreements with regional tions to carry out this section, or through a (2) Development of crop management and multijurisdictional entities, local gov- reprogramming of funds provided for swine strategies to reduce the risk of wheat scab ernment planning organizations, and local research to carry out this section pursuant occurrence. governments for the purposes of— to established procedures, during the period (3) Development of— (A) conducting projects for the control, beginning on the date of enactment of this (A) efficient and accurate methods to mon- management, and possible eradication of Act and ending December 31, 1998, the Sec- itor wheat and barley for the presence of Formosan termites in the United States; and retary, acting through the Agricultural Re- wheat scab and resulting vomitoxin contami- (B) collecting data on the effectiveness of search Service, may accept as a gift, and ad- nation; the projects. minister, the National Swine Research Cen- (B) post-harvest management techniques (2) FUNDING PRIORITY.—In allocating funds ter located in Ames, Iowa. for wheat and barley infected with wheat made available to carry out this subsection, SEC. 237. COORDINATED PROGRAM OF RE- scab; and the Secretary shall provide a higher priority SEARCH, EXTENSION, AND EDU- (C) milling and food processing techniques for regions or locations with the highest his- CATION TO IMPROVE VIABILITY OF to render contaminated grain safe. SMALL AND MEDIUM SIZE DAIRY torical rates of infestation of Formosan ter- AND LIVESTOCK OPERATIONS. (4) Strengthening and expansion of plant- mites. (a) IN GENERAL.—The Secretary may carry breeding activities to enhance the resistance (c) AUTHORIZATION OF APPROPRIATIONS.— out a coordinated program of research, ex- of wheat and barley to wheat scab, including There is authorized to be appropriated to tension, and education to improve the com- the establishment of a regional advanced carry out this section $10,000,000 for each of petitiveness, viability, and sustainability of breeding material evaluation nursery and a fiscal years 1998 through 2002. small and medium size dairy and livestock germplasm introduction and evaluation sys- SEC. 234. NUTRIENT COMPOSITION DATA. operations (referred to in this section as ‘‘op- tem. (a) IN GENERAL.—The Secretary shall up- erations’’). (5) Development and deployment of alter- date, on a periodic basis, nutrient composi- (b) COMPONENTS.—To the extent the Sec- native fungicide application systems and for- tion data. retary elects to carry out the program, the mulations to control wheat scab and consid- (b) REPORT.—Not later than 180 days after Secretary shall conduct— eration of other chemical control strategies the date of enactment of this Act, the Sec- (1) research, development, and on-farm ex- to assist farmers until new more resistant retary shall submit to the Committee on Ag- tension and education concerning low-cost wheat and barley varieties are available. riculture of the House of Representatives production facilities and practices, manage- (c) COMMUNICATIONS NETWORKS.—Funds and the Committee on Agriculture, Nutri- ment systems, and genetics that are appro- provided under this section shall be available tion, and Forestry of the Senate a report priate for the operations; for efforts to concentrate, integrate, and dis- that describes— (2) research and extension on management- seminate research, extension, and outreach- (1) the method the Secretary will use to intensive grazing systems for livestock and orientated information regarding wheat scab. update nutrient composition data, including dairy production to realize the potential for (d) MANAGEMENT.—To oversee the use of a the quality assurance criteria that will be reduced capital and feed costs through great- grant made under this section, the Secretary used and the method for generating the data; er use of management skills, labor avail- may establish a committee composed of the and ability optimization, and the natural bene- directors of the agricultural experiment sta- (2) the timing for updating the data. fits of grazing pastures; tions in the States in which land-grant col- SEC. 235. CONSOLIDATED ADMINISTRATIVE AND (3) research and extension on integrated leges and universities that are members of LABORATORY FACILITY. crop and livestock systems that increase ef- the consortium are located. (a) IN GENERAL.—Notwithstanding the Fed- ficiencies, reduce costs, and prevent environ- (e) AUTHORIZATION OF APPROPRIATIONS.— eral Property and Administrative Services mental pollution to strengthen the competi- There is authorized to be appropriated to Act of 1949 (40 U.S.C. 471 et seq.), the Public tive position of the operations; carry out this section $5,200,000 for each of Buildings Act of 1959 (40 U.S.C. 601 et seq.), or (4) economic analyses and market feasi- fiscal years 1998 through 2002. section 5 of the Public Buildings Amend- bility studies to identify new and expanded SEC. 239. FOOD ANIMAL RESIDUE AVOIDANCE ments of 1972 (40 U.S.C. 602a), the Secretary, opportunities for producers on the oper- DATABASE PROGRAM. in consultation with the Administrator of ations that provide tools and strategies to (a) CONTINUATION OF PROGRAM.—The Sec- General Services, may enter into contracts meet consumer demand in domestic and retary shall continue operation of the Food for the design, construction, and operation of international markets, such as cooperative Animal Residue Avoidance Database pro- a consolidated administrative and labora- marketing and value-added strategies for gram (referred to in this section as the tory facility of the Animal and Plant Health milk and meat production and processing; ‘‘FARAD program’’) through contracts with Inspection Service to be located in or near and appropriate colleges or universities. Ames, Iowa. (5) technology assessment that compares (b) ACTIVITIES.—In carrying out the (b) AWARDING OF CONTRACT.— the technological resources of large special- FARAD program, the Secretary shall— (1) SOLICITATION.—The Secretary may so- ized producers with the technological needs (1) provide livestock producers, extension licit contract proposals from interested par- of producers on the operations to identify specialists, scientists, and veterinarians with ties to carry out subsection (a). and transfer existing technology across all information to prevent drug, pesticide, and

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environmental contaminant residues in food (B) CONSISTENCY WITH GPRA.—The guide- (B) for activities carried out under the Al- animal products; lines shall be consistent with the Govern- ternative Agricultural Research and Com- (2) maintain up-to-date information con- ment Performance and Results Act of 1993 mercialization Act of 1990 (7 U.S.C. 5901 et cerning— (Public Law 103–62) and amendments made seq.). (A) withdrawal times on FDA-approved by that Act. (2) PRIORITY MISSION AREAS.— food animal drugs and appropriate with- SEC. 242. STUDY OF FEDERALLY FUNDED AGRI- (A) FISCAL YEAR 1998.—In making grants drawal intervals for drugs used in food ani- CULTURAL RESEARCH, EXTENSION, under this section for fiscal year 1998, the mals in the United States, as established AND EDUCATION. Secretary shall address priority mission under section 512(a) of the Federal Food, (a) STUDY.—Not later than January 1, 1999, areas related to— Drug, and Cosmetic Act (21 U.S.C. 360b(a)); the Secretary shall request the National (i) food genome; (B) official tolerances for drugs and pes- Academy of Sciences to conduct a study of (ii) food safety, food technology, and ticides in tissues, eggs, and milk; the role and mission of federally funded agri- human nutrition; (C) descriptions and sensitivities of rapid cultural research, extension, and education. (iii) new and alternative uses and produc- screening tests for detecting residues in tis- (b) REQUIREMENTS.—The study shall— tion of agricultural commodities and prod- sues, eggs, and milk; and (1) evaluate the strength of science con- ucts; (D) data on the distribution and fate of ducted by the Agricultural Research Service (iv) agricultural biotechnology; and chemicals in food animals; and the relevance of the science to national (v) natural resource management, includ- (3) publish periodically a compilation of priorities; ing precision agriculture. food animal drugs approved by the Food and (2) examine how the work of the Agricul- (B) FISCAL YEARS 1999 THROUGH 2002.—In Drug Administration; tural Research Service relates to the capac- making grants under this section for each of (4) make information on food animal drugs ity of the agricultural research, extension, fiscal years 1999 through 2002, the Secretary available to the public through handbooks and education system of the United States; shall address— and other literature, computer software, a (3) examine the formulas for funding agri- (i) priority mission areas described in sub- telephone hotline, and the Internet; cultural research and extension; and paragraph (A); or (5) furnish producer quality-assurance pro- (4) examine the system of competitive (ii) after consultation with the Advisory grams with up-to-date data on approved grants for agricultural research, extension, Board, new or different priority mission drugs; and education. areas, including the viability and competi- (6) maintain a comprehensive and up-to- (c) REPORTS.—The Secretary shall prepare tiveness of small and medium sized dairy, date, residue avoidance database; and submit to the Committee on Agriculture livestock, crop, and other commodity oper- (7) provide professional advice for deter- of the House of Representatives and the ations. (d) ELIGIBLE GRANTEES.—The Secretary mining the withdrawal times necessary for Committee on Agriculture, Nutrition and may make a grant under this section to— food safety in the use of drugs in food ani- Forestry of the Senate— (1) a Federal research agency; mals; and (1) not later than 18 months after the com- (2) a national laboratory; (8) engage in other activities designed to mencement of the study, a report that de- (3) a college or university or a research promote food safety. scribes the results of the study as it relates foundation maintained by a college or uni- (c) CONTRACTS.— to paragraphs (1) and (2) of subsection (b), in- versity; or (1) IN GENERAL.—The Secretary shall offer cluding any appropriate recommendations; (4) a private research organization with an to enter into contracts with appropriate col- and established and demonstrated capacity to leges and universities to operate the FARAD (2) not later than 3 years after the com- perform research or technology transfer. program. mencement of the study, a report that de- (e) USE OF GRANTS.— (2) TERM.—The term of a contract under scribes the results of the study as it relates (1) SMALLER INSTITUTIONS.—The Secretary to paragraphs (3) and (4) of subsection (b), in- subsection (a) shall be 3 years, with options may award grants under this section to en- cluding any appropriate recommendations. to extend the term of the contract tri- sure that the faculty of small and mid-sized ennially. SEC. 243. SENSE OF CONGRESS ON STATE MATCH institutions who have not previously been FOR 1890 INSTITUTIONS. (d) AUTHORIZATION OF APPROPRIATIONS.— successful in obtaining competitive grants It is the sense of Congress that States There is authorized to be appropriated to awarded by the Secretary under subsection should provide matching funds for agricul- carry out this section $1,000,000 for each fis- (b) of the Competitive, Special, and Facili- tural research and extension formula funds cal year. ties Research Grant Act (7 U.S.C. 450i(b)) re- provided by the Federal Government to 1890 SEC. 240. FINANCIAL ASSISTANCE FOR CERTAIN ceive a portion of the grants. RURAL AREAS. Institutions. (2) PRIORITIES.—In making grants under (a) IN GENERAL.—The Secretary may pro- TITLE III—INITIATIVE FOR FUTURE this section, the Secretary shall provide a vide financial assistance to a nationally rec- AGRICULTURE AND FOOD SYSTEMS higher priority to— ognized organization to promote educational SEC. 301. INITIATIVE FOR FUTURE AGRICULTURE (A) a project that is multistate, multi-in- opportunities at the primary and secondary AND FOOD SYSTEMS. stitutional, or multidisciplinary; or levels in rural areas with a historic incidence (a) IN GENERAL.—There is established in (B) a project that integrates agricultural of poverty and low academic achievement, the Treasury of the United States an ac- research, extension, and education. including the Lower Mississippi River Delta. count to be known as the Initiative for Fu- (f) ADMINISTRATION.— (b) AUTHORIZATION OF APPROPRIATIONS.— ture Agriculture and Food Systems (referred (1) IN GENERAL.—In making grants under There is authorized to be appropriated to to in this section as the ‘‘Account’’) to pro- this section, the Secretary shall— carry out this section up to $10,000,000 for vide funds for activities authorized under (A) seek and accept proposals for grants; each fiscal year. this section. (B) determine the relevance and merit of Subtitle E—Studies and Miscellaneous (b) FUNDING.— proposals through a system of peer review in SEC. 241. EVALUATION AND ASSESSMENT OF AG- (1) IN GENERAL.—Out of any funds in the accordance with section 103; RICULTURAL RESEARCH, EXTEN- Treasury not otherwise appropriated, the (C) award grants on the basis of merit, SION, AND EDUCATION PROGRAMS. Secretary of the Treasury shall transfer to quality, and relevance to advancing the pur- (a) EVALUATION.—The Secretary shall con- the Account— poses and priority mission areas established duct a performance evaluation to determine (A) on October 1, 1997, $100,000,000; and under subsection (c); and whether federally funded agricultural re- (B) on October 1, 1998, and each October 1 (D) solicit and consider input from stake- search, extension, and education programs thereafter through October 1, 2001, holders in accordance with section 102(b)(1). result in public goods that have national or $170,000,000. (2) COMPETITIVE BASIS.—A grant under this multistate significance. (2) ENTITLEMENT.—The Secretary— section shall be awarded on a competitive (b) CONTRACT.— (A) shall be entitled to receive the funds basis. (1) IN GENERAL.—The Secretary shall enter transferred to the Account under paragraph (3) TERM.—A grant under this section shall into a contract with an expert in research (1); have a term that does not exceed 5 years. assessment and performance evaluation to (B) shall accept the funds; and (4) MATCHING FUNDS.—As a condition of provide input and recommendations to the (C) shall use the funds to carry out this making a grant under this section, the Sec- Secretary with respect to federally funded section. retary shall require the funding of the grant agricultural research, extension, and edu- (c) PURPOSES.— be matched with equal matching funds from cation programs. (1) CRITICAL EMERGING ISSUES.—The Sec- a non-Federal source if the grant is— (2) GUIDELINES FOR PERFORMANCE MEASURE- retary shall use the funds in the Account— (A) for applied research that is commodity- MENT.— (A) subject to paragraph (2), for research, specific; and (A) IN GENERAL.—The contractor under extension, and education grants (referred to (B) not of national scope. paragraph (1) shall develop and propose to in this section as ‘‘grants’’) to address crit- (5) DELEGATION.— the Secretary practical guidelines for meas- ical emerging agricultural issues related to— (A) IN GENERAL.—The Secretary shall ad- uring performance of federally funded agri- (i) future food production; minister this section through the Coopera- cultural research, extension, and education (ii) environmental protection; or tive State Research, Education, and Exten- programs. (iii) farm income; and sion Service of the Department.

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(B) INSTITUTES.—The Secretary may estab- (c) CRITICAL AGRICULTURAL MATERIALS Agriculture Improvement and Reform Act of lish 1 or more institutes to carry out all or ACT.—Section 16(a) of the Critical Agricul- 1996 (Public Law 104–127; 110 Stat. 1167) is part of the activities authorized under this tural Materials Act (7 U.S.C. 178n(a)) is amended by striking ‘‘paragraph (3)’’ and in- section. amended by striking ‘‘1997’’ and inserting serting ‘‘subsection (c)(3)’’. (6) AVAILABILITY OF FUNDS.—Funds for ‘‘2002’’. (b) JOINT COUNCIL ON FOOD AND AGRICUL- grants under this section shall be available (d) RESEARCH FACILITIES ACT.—Section 6(a) TURAL SCIENCES.—Section 1413(b) of the Na- for obligation for a 2-year period. of the Research Facilities Act (7 U.S.C. tional Agricultural Research, Extension, and (7) ADMINISTRATIVE COSTS.—The Secretary 390d(a)) is amended by striking ‘‘fiscal years Teaching Policy Act of 1977 (7 U.S.C. 3128(b)) may use not more than 4 percent of the funds 1996 and 1997’’ and inserting ‘‘each of fiscal is amended by striking ‘‘Joint Council, the made available for grants under this section years 1996 through 2002’’. Advisory Board,’’ and inserting ‘‘Advisory for administrative costs incurred by the Sec- (e) NATIONAL AGRICULTURAL RESEARCH, EX- Board’’. retary in carrying out this section. TENSION, AND TEACHING POLICY ACT AMEND- (c) ADVISORY BOARD.— (8) BUILDINGS AND FACILITIES.—Funds made MENTS OF 1985.—Section 1431 of the National (1) SUPPORT FOR ADVISORY BOARD.—Section available for grants under this section shall Agricultural Research, Extension, and 1412 of the National Agricultural Research, not be used for the construction of a new Teaching Policy Act Amendments of 1985 (99 Extension, and Teaching Policy Act of 1977 (7 building or facility or the acquisition, expan- Stat. 1566) is amended by striking ‘‘1997’’ and U.S.C. 3127) is amended— sion, remodeling, or alteration of an existing inserting ‘‘2002’’. (A) in subsections (a) and (b), by striking building or facility (including site grading (f) COMPETITIVE, SPECIAL, AND FACILITIES ‘‘their duties’’ each place it appears and in- and improvement and architect fees). RESEARCH GRANT ACT.—Subsection (b)(10) of serting ‘‘its duties’’; and TITLE IV—EXTENSION OR REPEAL OF the Competitive, Special, and Facilities Re- (B) in subsection (c), by striking ‘‘their CERTAIN AUTHORITIES; TECHNICAL search Grant Act (7 U.S.C. 450i(b)(10)) is recommendations’’ and inserting ‘‘its rec- AMENDMENTS amended by striking ‘‘1997’’ and inserting ommendations’’. ‘‘2002’’. (2) GENERAL PROVISIONS.—Section 1413(a) of SEC. 401. EXTENSIONS OF AUTHORITIES. (g) NATIONAL AGRICULTURAL RESEARCH, EX- the National Agricultural Research, Exten- (a) NATIONAL AGRICULTURAL RESEARCH, EX- TENSION, AND TEACHING POLICY ACT AMEND- sion, and Teaching Policy Act of 1977 (7 TENSION, AND TEACHING POLICY ACT OF 1977.— MENTS OF 1981.—Section 1432(b)(5) of the Na- The National Agricultural Research, Exten- U.S.C. 3128(a)) is amended by striking ‘‘their tional Agricultural Research, Extension, and sion, and Teaching Policy Act of 1977 is powers’’ and inserting ‘‘its duties’’. Teaching Policy Act Amendments of 1981 (d) PLANT AND ANIMAL PEST AND DISEASE amended— (Public Law 97–98; 7 U.S.C. 3222 note) is CONTROL PROGRAM.—Section 1629(g) of the (1) in subsection (l) of section 1417 (7 U.S.C. amended by striking ‘‘1997’’ and inserting Food, Agriculture, Conservation, and Trade 3152) (as redesignated by section 202(1)), by ‘‘2002’’. Act of 1990 (7 U.S.C. 5832(g)) is amended by striking ‘‘1997’’ and inserting ‘‘2002’’; (h) EQUITY IN EDUCATIONAL LAND-GRANT striking ‘‘section 1650,’’. (2) in section 1419(d) (7 U.S.C. 3154(d)), by STATUS ACT OF 1994.—Sections 533(b) and 535 (e) GRANTS TO UPGRADE 1890 LAND-GRANT striking ‘‘1997’’ and inserting ‘‘2002’’; of the Equity in Educational Land-Grant COLLEGE EXTENSION FACILITIES.—Section 873 (3) in section 1419A(d) (7 U.S.C. 3155(d)), by Status Act of 1994 (Public Law 103–382; 7 of the Federal Agriculture Improvement and striking ‘‘fiscal years 1996 and 1997’’ and in- U.S.C. 301 note) are amended by striking Reform Act of 1996 (Public Law 104–127; 110 serting ‘‘each of fiscal years 1996 through ‘‘2000’’ each place it appears and inserting Stat. 1175) is amended by striking ‘‘1981’’ and 2002’’; ‘‘2002’’. inserting ‘‘1985’’. (4) in section 1424(d) (7 U.S.C. 3174(d)), by (i) RENEWABLE RESOURCES EXTENSION ACT (f) EFFECTIVE DATE.—The amendments striking ‘‘fiscal years 1996 and 1997’’ and in- OF 1978.—Section 6 of the Renewable Re- made by this section take effect on April 4, serting ‘‘each of fiscal years 1996 through sources Extension Act of 1978 (16 U.S.C. 1675) 1996. 2002’’; is amended in the first sentence by striking (5) in section 1425(c)(3) (7 U.S.C. 3175(c)(3)), TITLE V—AGRICULTURAL PROGRAM ‘‘the fiscal year ending September 30, 1988,’’ by striking ‘‘and 1997’’ and inserting SAVINGS and all that follows through the period at ‘‘through 2002’’; SEC. 501. NUTRITION PROGRAMS. the end and inserting ‘‘each of fiscal years (6) in the first sentence of section 1433(a) (7 (a) FOOD STAMPS.—Section 16 of the Food 1987 through 2002.’’. U.S.C. 3195(a)), by striking ‘‘1997’’ and insert- Stamp Act of 1977 (7 U.S.C. 2025) is amend- ing ‘‘2002’’; SEC. 402. REPEAL OF AUTHORITIES. ed— (7) in section 1434(a) (7 U.S.C. 3196(a)), by (a) NATIONAL AGRICULTURAL RESEARCH, EX- (1) in the first sentence of subsection (a), striking ‘‘1997’’ and inserting ‘‘2002’’; TENSION, AND TEACHING POLICY ACT OF 1977.— by striking ‘‘The Secretary’’ and inserting (8) in section 1447(b) (7 U.S.C. 3222b(b)), by Sections 1424A and 1476 of the National Agri- ‘‘Subject to subsection (k), the Secretary’’; striking ‘‘and 1997’’ and inserting ‘‘through cultural Research, Extension, and Teaching and 2002’’; Policy Act of 1977 (7 U.S.C. 3174a, 3323) are re- (2) by adding at the end the following: (9) in section 1448 (7 U.S.C. 3222c)— pealed. ‘‘(k) REDUCTIONS IN PAYMENTS FOR ADMIN- (A) in subsection (a)(1), by striking ‘‘and (b) FOOD, AGRICULTURE, CONSERVATION, AND ISTRATIVE COSTS.— 1997’’ and inserting ‘‘through 2002’’; and TRADE ACT OF 1990.—Subtitle G of title XIV ‘‘(1) DEFINITIONS.—In this subsection: (B) in subsection (f), by striking ‘‘1997’’ and and sections 1670 and 1675 of the Food, Agri- ‘‘(A) AFDC PROGRAM.—The term ‘AFDC inserting ‘‘2002’’; culture, Conservation, and Trade Act of 1990 program’ means the program of aid to fami- (10) in section 1455(c) (7 U.S.C. 3241(c)), by (7 U.S.C. 5501 et seq., 5923, 5928) are repealed. lies with dependent children established striking ‘‘fiscal year 1997’’ and inserting (c) FEDERAL AGRICULTURE IMPROVEMENT under part A of title IV of the Social Secu- ‘‘each of fiscal years 1997 through 2002’’; AND REFORM ACT OF 1996.—Subtitle E of title rity Act (42 U.S.C. 601 et seq. (as in effect, (11) in section 1463 (7 U.S.C. 3311), by strik- VIII of the Federal Agriculture Improvement with respect to a State, during the base pe- ing ‘‘1997’’ each place it appears in sub- and Reform Act of 1996 (110 Stat. 1184) is re- riod for that State)). sections (a) and (b) and inserting ‘‘2002’’; pealed. ‘‘(B) BASE PERIOD.—The term ‘base period’ (12) in section 1464 (7 U.S.C. 3312), by strik- SEC. 403. SHORT TITLES FOR SMITH-LEVER ACT means the period used to determine the ing ‘‘1997’’ and inserting ‘‘2002’’; AND HATCH ACT OF 1887. amount of the State family assistance grant (13) in section 1473D(a) (7 U.S.C. 3319d(a)), (a) SMITH-LEVER ACT.—The Act of May 8, for a State under section 403 of the Social by striking ‘‘1997’’ and inserting ‘‘2002’’; 1914 (commonly known as the ‘‘Smith-Lever Security Act (42 U.S.C. 603). (14) in the first sentence of section 1477 (7 Act’’) (38 Stat. 372, chapter 79; 7 U.S.C. 341 et ‘‘(C) MEDICAID PROGRAM.—The term ‘med- U.S.C. 3324), by striking ‘‘1997’’ and inserting seq.), is amended by adding at the end the icaid program’ means the program of med- ‘‘2002’’; and following: ical assistance under a State plan or under a (15) in section 1483(a) (7 U.S.C. 3336(a)), by ‘‘SEC. 11. SHORT TITLE. waiver of the plan under title XIX of the So- striking ‘‘1997’’ and inserting ‘‘2002’’. ‘‘This Act may be cited as the ‘Smith- cial Security Act (42 U.S.C. 1396 et seq.). (b) FOOD, AGRICULTURE, CONSERVATION, AND Lever Act’.’’. ‘‘(2) DETERMINATIONS OF AMOUNTS ATTRIB- TRADE ACT OF 1990.—The Food, Agriculture, (b) HATCH ACT OF 1887.—The Act of March UTABLE TO BENEFITING PROGRAMS.—The Sec- Conservation, and Trade Act of 1990 is 2, 1887 (commonly known as the ‘‘Hatch Act retary of Health and Human Services, in con- amended— of 1887’’) (24 Stat. 440, chapter 314; 7 U.S.C. sultation with the Secretary of Agriculture (1) in section 1635(b) (7 U.S.C. 5844(b)), by 361a et seq.), is amended by adding at the end and the States, shall, with respect to the striking ‘‘1997’’ and inserting ‘‘2002’’; the following: base period for each State, determine— (2) in section 1673(h) (7 U.S.C. 5926(h)), by ‘‘SEC. 10. SHORT TITLE. ‘‘(A) the annualized amount the State re- striking ‘‘1997’’ and inserting ‘‘2002’’; ‘‘This Act may be cited as the ‘Hatch Act ceived under section 403(a)(3) of the Social (3) in section 1676(e) (7 U.S.C. 5929(e)), by of 1887’.’’. Security Act (42 U.S.C. 603(a)(3) (as in effect striking ‘‘fiscal year 1997’’ and inserting SEC. 404. TECHNICAL CORRECTIONS TO RE- during the base period)) for administrative ‘‘each of fiscal years 1997 through 2002’’; SEARCH PROVISIONS OF FEDERAL costs common to determining the eligibility (4) in section 2381(e) (7 U.S.C. 3125b(e)), by AGRICULTURE IMPROVEMENT AND of individuals, families, and households eligi- striking ‘‘1997’’ and inserting ‘‘2002’’; and REFORM ACT OF 1996. ble or applying for the AFDC program and (5) in section 2412 (7 U.S.C. 6710), by strik- (a) SUPPLEMENTAL AND ALTERNATIVE CROPS the food stamp program, the AFDC program ing ‘‘1997’’ and inserting ‘‘2002’’. RESEARCH.—Section 819(b)(5) of the Federal and the medicaid program, and the AFDC

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program, the food stamp program, and the ‘‘(A) APPROPRIATION.—Out of any moneys (A) by redesignating subparagraphs (A) and medicaid program that were allocated to the in the Treasury not otherwise appropriated, (B) as clauses (i) and (ii), respectively; AFDC program; and the Secretary of the Treasury shall provide (B) by striking ‘‘(2) Any service’’ and in- ‘‘(B) the annualized amount the State to the Secretary $5,000,000 for fiscal year 1998 serting the following: would have received under section 403(a)(3) of and each fiscal year thereafter. ‘‘(2) MEALS AND SUPPLEMENTS.— the Social Security Act (42 U.S.C. 603(a)(3) ‘‘(B) ENTITLEMENT TO FUNDS.—The Sec- ‘‘(A) IN GENERAL.—Any service’’; (as so in effect)), section 1903(a)(7) of the So- retary shall be entitled to receive the funds (C) by striking ‘‘3 meals, or 2 meals and 1 cial Security Act (42 U.S.C. 1396b(a)(7) (as so made available under subparagraph (A) and supplement,’’ and inserting ‘‘4 meals’’; and in effect)), and subsection (a) of this section shall accept the funds. (D) by adding at the end the following: (as so in effect), for administrative costs ‘‘(C) USE OF FUNDS.—The Secretary shall ‘‘(B) CAMPS AND MIGRANT PROGRAMS.—A common to determining the eligibility of in- use the funds made available under subpara- camp or migrant program may serve a dividuals, families, and households eligible graph (A) to make payments under the Pro- breakfast, a lunch, a supper, and meal sup- or applying for the AFDC program and the gram— plements.’’. food stamp program, the AFDC program and ‘‘(i) in the case of the school breakfast pro- (3) NUMBER OF MEALS AND SUPPLEMENTS.— the medicaid program, and the AFDC pro- gram, to school food authorities for eligible Section 17(f)(2) of the National School Lunch gram, the food stamp program, and the med- schools; and Act (42 U.S.C. 1766(f)(2)) is amended by strik- icaid program, if those costs had been allo- ‘‘(ii) in the case of the summer food service ing subparagraph (B) and inserting the fol- cated equally among such programs for program for children, to service institutions. lowing: which the individual, family, or household ‘‘(D) INSUFFICIENT NUMBER OF APPLI- ‘‘(B) NUMBER OF MEALS AND SUPPLE- was eligible or applied for. CANTS.—The Secretary may expend less than MENTS.— ‘‘(3) REDUCTION IN PAYMENT.—Notwith- the amount described in subparagraph (A) ‘‘(i) IN GENERAL.—Except as provided in standing any other provision of this section, for a fiscal year to the extent that there is clause (ii), no reimbursement may be made effective for each of fiscal years 1998 through an insufficient number of suitable applicants to any institution under this paragraph, or 2002, the Secretary shall reduce, for each fis- to initiate or expand programs under this to a family or group day care home spon- cal year, the amount paid under subsection subsection for the fiscal year. soring organization under paragraph (3), for (a) to each State by an amount equal to the ‘‘(4) PRIORITY.—The Secretary shall make more than 2 meals and 1 supplement per day amount determined for the food stamp pro- payments under the Program on a competi- per child. gram under paragraph (2)(B). tive basis and in the following order of pri- ‘‘(ii) CHILD CARE.—A reimbursement may ‘‘(4) DETERMINATIONS NOT SUBJECT TO RE- ority (subject to the other provisions of this be made to an institution under this para- VIEW.—The determinations of the Secretary subsection) to: graph (but not a family or group day care of Health and Human Services under para- ‘‘(A) School food authorities for eligible home sponsoring organization) for 2 meals graph (2) shall be final and not subject to ad- schools to assist the schools with non- and 2 supplements, or 3 meals and 1 supple- ministrative or judicial review. recurring expenses incurred in— ment, per day per child for children that are ‘‘(5) ALLOCATION OF COMMON ADMINISTRA- ‘‘(i) initiating a school breakfast program maintained in a child care setting for 8 or TIVE COSTS.—In allocating administrative under this section; or more hours per day.’’. costs common to determining the eligibility ‘‘(ii) expanding a school breakfast pro- (4) EFFECTIVE DATE.—The amendments of individuals, families, and households eligi- gram. made by paragraphs (2) and (3) take effect on ble or applying for 2 or more State-adminis- ‘‘(B) Service institutions to assist the in- September 1, 1998. tered public benefit programs, the head of a stitutions with nonrecurring expenses in- (c) INFORMATION CLEARINGHOUSE.—Section Federal agency may require States to allo- curred in— 26(d) of the National School Lunch Act (42 cate the costs among the programs.’’. ‘‘(i) initiating a summer food service pro- U.S.C. 1769g(d)) is amended in the first sen- (b) MEALS FOR CHILDREN OF WORKING FAMI- gram for children; or tence by striking ‘‘$150,000’’ and all that fol- LIES.— ‘‘(ii) expanding a summer food service pro- lows through ‘‘1998’’ and inserting ‘‘$150,000 (1) GRANTS FOR LOW-INCOME AREAS.—Sec- gram for children. for fiscal year 1997, and $185,000 for each of tion 4 of the Child Nutrition Act of 1966 (42 ‘‘(5) PAYMENTS ADDITIONAL.—Payments fiscal years 1998 through 2002’’. U.S.C. 1773) is amended by adding at the end under the Program shall be in addition to (d) FOOD STAMP ELIGIBILITY FOR CERTAIN the following: payments under subsection (b) of this section INDIANS.— ‘‘(f) LOW-INCOME AREA GRANT PROGRAM.— and section 13 of the National School Lunch (1) EXCEPTION FOR CERTAIN INDIANS.—Sec- ‘‘(1) DEFINITIONS.—In this subsection: Act (42 U.S.C. 1761). tion 402(a)(2)(G) of the Personal Responsi- ‘‘(A) ELIGIBLE SCHOOL.—The term ‘eligible ‘‘(6) PREFERENCES.—Consistent with para- bility and Work Opportunity Reconciliation school’ means a school— graph (4), in making payments under the Act of 1996 (8 U.S.C. 1612(a)(2)(G)) is amend- ‘‘(i) attended by children, a significant per- Program for any fiscal year to initiate or ex- ed— centage of whom are members of low-income pand school breakfast programs or summer (A) in the subparagraph heading, by strik- families, as determined by the Secretary; food service programs for children, the Sec- ing ‘‘SSI EXCEPTION’’ and inserting ‘‘EXCEP- and retary shall provide a preference to a school TION’’; and ‘‘(ii)(I) as used with respect to a school food authority for an eligible school or serv- (B) by striking ‘‘program defined in para- breakfast program, that agrees to operate ice institution that— graph (3)(A) (relating to the supplemental se- the school breakfast program established or ‘‘(A) in the case of a summer food service curity income program)’’ and inserting expanded with the assistance provided under program for children, is a public or private ‘‘specified Federal programs described in this subsection for a period of not less than nonprofit school food authority; paragraph (3)’’. 3 years; and ‘‘(B) has significant public or private re- (2) BENEFITS FOR CERTAIN INDIANS.—Section ‘‘(II) as used with respect to a summer food sources that will be used to carry out the ini- 403(d) of the Personal Responsibility and service program for children, that agrees to tiation or expansion of the programs during Work Opportunity Reconciliation Act of 1996 operate the summer food service program for the year; (8 U.S.C. 1613(d)) is amended— children established or expanded with the as- ‘‘(C) serves an unmet need among low-in- (A) in the subsection heading, by striking sistance provided under this subsection for a come children, as determined by the Sec- ‘‘SSI AND MEDICAID’’; and period of not less than 3 years. retary; or (B) by striking ‘‘(a)(3)(A)’’ and inserting ‘‘(B) SERVICE INSTITUTION.—The term ‘serv- ‘‘(D) is not operating a school breakfast ‘‘(a)(3)’’. ice institution’ means an institution or orga- program or summer food service program for SEC. 502. INFORMATION TECHNOLOGY FUNDING. nization described in paragraph (1)(B) or (7) children, as appropriate. (a) IN GENERAL.—Section 4(g) of the Com- of section 13(a) of the National School Lunch ‘‘(7) RECOVERY AND REALLOCATION.—The modity Credit Corporation Charter Act (15 Act (42 U.S.C. 1761(a)). Secretary shall act in a timely manner to re- U.S.C. 714b(g)) is amended in the first sen- ‘‘(C) SUMMER FOOD SERVICE PROGRAM FOR cover and reallocate to other school food au- tence by striking ‘‘$275,000,000’’ and inserting CHILDREN.—The term ‘summer food service thorities for eligible schools or service insti- ‘‘$193,000,000’’. program for children’ means a program au- tutions any amounts under the Program that (b) EFFECTIVE DATE.—The amendment thorized by section 13 of the National School are not expended within a reasonable period made by subsection (a) takes effect on Octo- Lunch Act (42 U.S.C. 1761). (as determined by the Secretary). ber 1, 1997. ‘‘(2) ESTABLISHMENT.—The Secretary shall ‘‘(8) MAINTENANCE OF EFFORT.—Expendi- f establish a program under this subsection to tures of funds from State, local, and private be known as the ‘Low-Income Area Grant sources for the maintenance of the school EXECUTIVE SESSION Program’ (referred to in this subsection as breakfast program and the summer food the ‘Program’) to assist eligible schools and service program for children shall not be di- service institutions through grants to ini- minished as a result of payments received EXECUTIVE CALENDAR tiate or expand programs under the school under the Program.’’. breakfast program and the summer food (2) MEALS AND SUPPLEMENTS.—Section Mr. JEFFORDS. Mr. President, I ask service program for children. 13(b)(2) of the National School Lunch Act (42 unanimous consent that the Senate im- ‘‘(3) PAYMENTS.— U.S.C. 1761(b)(2)) is amended— mediately proceed to executive session

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — SENATE S11389 to consider the following nominations Senator THOMAS for up to 30 minutes; Treaty, which states in pertinent part on the Executive Calendar: Nos. 276, Senator DASCHLE, or his designee, for as follows: 280, 283, 284 and 285. up to 30 minutes. The parties may, by unanimous agreement, I further ask unanimous consent that I further ask unanimous consent that invite any other European state in a position the nominations be confirmed, the mo- at 12 noon the Senate proceed to the to further the principles of this Treaty and tion to reconsider be laid upon the consideration of S. 1292 regarding the to contribute to the security of the North table, any statements relating to the line-item veto matter. Atlantic area to accede to this treaty. nominations appear in the RECORD, and The PRESIDING OFFICER. Without So Article 10 sets up two conditions the President be immediately notified objection, it is so ordered. for Alliance membership. One, to fur- ther the principles of the Treaty, and, of the Senate’s action, and the Senate f then return to legislative session. two, to contribute to the security of The PRESIDING OFFICER. Without MEASURE PLACED ON THE the North Atlantic area. objection, it is so ordered. CALENDAR—S. 1173 Madam President, the principal focus of the Senate and expert commentators The nominations were considered and Mr. JEFFORDS. Mr. President, I ask thus far has been to examine whether confirmed as follows: unanimous consent that S. 1173 be the accession of Poland, Hungary and UNITED STATES ADVISORY COMMISSION ON placed back on the calendar. the Czech Republic will contribute to PUBLIC DIPLOMACY The PRESIDING OFFICER. Without European security. That is the second Harold C. Pachios, of Maine, to be a Mem- objection, it is so ordered. ber of the United States Advisory Commis- condition. And that is surely an appro- sion on Public Diplomacy for a term expiring f priate focus. July 1, 1999. PROGRAM For instance, one of my first con- UNITED STATES ADVISORY COMMISSION ON cerns was the impact that these addi- PUBLIC DIPLOMACY Mr. JEFFORDS. Mr. President, to- tions would have on democratization Paula Dobriansky, of Maryland, to be a morrow, following the 10:30 vote, there and movement to a market economy in Member of the United States Advisory Com- will be a period of morning business Russia, which I believe has a major mission on Public Diplomacy for a term ex- until 12 noon. bearing on European security. Those piring July 1, 1998. The Senate will begin consideration concerns have been greatly amelio- DEPARTMENT OF STATE of S. 1292, a bill disapproving the can- rated by the NATO-Russia Founding R. Nicholas Burns, of Virginia, a Career cellations transmitted by the President Act and other NATO initiatives. But Member of the Senior Foreign Service, Class on October 6. The measure has a 10- we also need to be aware of the other of Counselor, to be Ambassador Extraor- hour statutory time limitation. How- condition of Article 10; namely, to fur- dinary and Plenipotentiary of the United ever, it is the hope of the majority ther the principles of the Washington States of America to Greece. leader that much of that time may be Tom McDonald, of Ohio, to be Ambassador Treaty. yielded. Now, those principles are summed up Extraordinary and Plenipotentiary of the The Senate may also consider and United States of America to the Republic of in the preamble which reads as follows: Zimbabwe. complete action on any or all of the The Parties to this Treaty reaffirm their Mark Robert Parris, of Virginia, a Career following items: the District of Colum- faith in the purposes and principle of the Member of the Senior Foreign Service, Class bia appropriations bill, the FDA reform Charter of the United Nations and their de- of Minister-Counselor, to be Ambassador Ex- conference report, the Amtrak strike sire to live in peace with all peoples and all traordinary and Plenipotentiary of the resolution, the intelligence authoriza- governments. United States of America to the Republic of tion conference report, and any addi- They are determined to safeguard the free- Turkey. tional legislation or executive items dom, common heritage and civilization of f their peoples, founded on the principles of that can be cleared. democracy, individual liberty, and the rule LEGISLATIVE SESSION I also remind all Senators that under of law. rule XXII they have until 1 p.m. on The PRESIDING OFFICER. Under They seek to promote stability and well- Thursday in order to file timely being in the North Atlantic area. the previous order, the Senate will re- amendments to H.R. 2646, the A-plus They are resolved to unite their efforts for turn to legislative session. education savings account bill. collective defense and for the preservation of f Needless to say, all Senators should peace and security. ORDERS FOR THURSDAY, OCTOBER expect rollcall votes throughout Thurs- Those are the principles in the pre- 30, 1997 day’s session of the Senate. amble to the NATO Treaty. In the April 23 testimony of Sec- Mr. JEFFORDS. Mr. President, I ask f retary of State Albright and Secretary unanimous consent that when the Sen- ORDER FOR ADJOURNMENT of Defense Cohen before the Armed ate completes its business today it Services Committee that kicked off the Mr. JEFFORDS. Mr. President, if stand in adjournment until the hour of Senate ratification process, my first there is no further business to come be- 10 a.m. on Thursday, October 30. I fur- question to Secretary Albright dealt fore the Senate, I now ask that the ther ask that on Thursday, imme- with this issue. I asked her to list the Senate stand in adjournment under the diately following the prayer, the rou- criteria which will be applied in judg- previous order following the remarks of tine requests through the morning ing the applications for membership of Senator LEVIN. hour be granted. As in executive ses- the various countries. The PRESIDING OFFICER (Ms. COL- sion, I ask unanimous consent that the Secretary Albright responded as fol- LINS). Without objection, it is so or- Senate immediately proceed to execu- lows: dered. tive session for the consideration of Senator LEVIN, what we are doing is look- Calendar No. 324, Judge Siragusa, of The Senator from Michigan. ing at a general set of criteria that fit into New York, and the time between then Mr. LEVIN. I thank the Chair and my some of the comments that I made in my and 10:30 a.m. be equally divided be- good friend from Vermont. statement, as did Secretary Cohen. That is, tween the chairman and ranking mem- f we are interested in countries, first of all, ber. that can be active contributors to the Alli- I further ask consent that at 10:30 the NATO ENLARGEMENT ance. This is not a way of just trying to give Senate proceed to vote on the con- Mr. LEVIN. Madam President, I rise gifts to countries. This is the world’s strong- est military alliance, and members have to firmation of the nomination, and im- this evening to discuss an issue that re- be capable of pulling their weight in it. mediately following that vote the noti- lates to NATO enlargement that I be- And she continued: fication of the President, and upon re- lieve merits careful consideration by sumption of legislative session there be the Senate at this early stage of the We are looking at democracies, at free market systems. We are looking at the way a period of morning business until the ratification process. that countries treat their minorities, their hour of 12 noon with Senators to speak Enlargement of the Alliance is based attitude toward human rights. We are look- up to 5 minutes each with the following upon Article 10 of the North Atlantic ing to make sure that there is civilian con- exceptions: Treaty, also known as the Washington trol over the military, generally looking at

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11390 CONGRESSIONAL RECORD — SENATE October 29, 1997 the ways that they are approaching the post- member country if that country’s there is a nation in NATO now or that cold war world and their sense of responsi- democratically elected government is might be added later that no longer ad- bility toward their own populations. brought down by force. The suspension heres to those fundamental principles, She continued: requires the vote of two-thirds of the then I believe there should be a mecha- So in broadest terms, our criteria are, first member states. So in the OAS there is nism in NATO to suspend that country of all, their ability to contribute to this fore- most alliance, so that the alliance itself is a way of suspending a member who no so that we are not bound collectively never diluted; and, second, their bona fides longer complies with the criteria for to go to the defense of a nation that in terms of being functioning democracies membership in the OAS. doesn’t adhere to the fundamental with market systems that respect their peo- In the United Nations Charter, for in- principles which bind NATO. ple and where civilian and military relation- stance, it provides in Article 5 that a Accordingly, I believe that the Sen- ships are the kind that we believe are pursu- member against which preventive or ate should add a condition to its ratifi- ant to those ends. enforcement action has been taken by cation of the accession of new members Madam President, I believe that the Security Council may be suspended and that condition be that the North these are appropriate criteria for judg- from the exercise of the rights and Atlantic Treaty be amended to enable ing the suitability of countries for ad- privileges of membership. Moreover, NATO to suspend one of its members mission to the NATO Alliance. Addi- Article 6 of the United Nations Charter on the affirmative two-thirds vote of tionally—and this is my point this provides that a member who has per- the NATO countries. evening—I believe that they are appro- sistently violated the principles of the I thank the Chair for her patience to- priate criteria for continued member- Charter may, indeed, be expelled from night. I don’t think any motion or ship in the Alliance. In other words, I the United Nations. other action on my part is appropriate. believe that the criteria which are used When we review the Washington So I simply yield the floor. to judge a country’s suitability for Treaty that created NATO, we see that f membership should also remain appli- it has a provision, article 13, which en- cable during its membership, and that ables a NATO member to cease to be a ADJOURNMENT UNTIL 10 A.M. if a country fails to live up to those party 1 year after notice has been given TOMORROW criteria after becoming a member of by it, but the treaty does not contain The PRESIDING OFFICER. Under NATO, that a process should be avail- any provision or process for the suspen- the previous order, the Senate stands able whereby that country’s member- sion of a member nation. And, I think adjourned until 10 a.m. tomorrow ship can be suspended until it can once that it should. Specifically, I believe morning. again meet those criteria. that the NATO treaty should provide Thereupon, at 6:20 p.m., the Senate During the cold war, when the War- for a mechanism to suspend the mem- adjourned until Thursday, October 30, saw Pact posed a major threat to bership of a NATO member if that 1997, at 10 a.m. NATO, the emphasis understandably member no longer adheres to the prin- f was on the military contribution that ciples of the Washington Treaty. Like NATO members brought to the Alli- the recent amendment to the Charter NOMINATIONS ance. That has changed, however, in of the Organization of American Executive nominations received by the post-cold-war period. There is no States, the suspension of a NATO mem- the Senate October 29, 1997: current major threat to NATO member ber, I believe, should require the af- IN THE ARMY countries, and the rationale for en- firmative vote of two-thirds of the THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT largement of the Alliance in the members of NATO. IN THE RESERVE OF THE ARMY TO THE GRADE INDI- present environment, as the Alliance’s I want to quickly add, this proposal CATED UNDER TITLE 10, UNITED STATES CODE, SECTION 12203: own September 1995 ‘‘Study on NATO that we add a suspension provision to To be brigadier general Enlargement’’ makes clear, is different the NATO Charter is not aimed at any than it was during the cold-war period. of the current member countries. It is COL. DAVID R. IRVINE, 0000 Chapter 1 of the NATO study entitled not aimed at Poland or Hungary or the IN THE COAST GUARD ‘‘Purposes of Enlargement″ list the fol- Czech Republic. It is not aimed at any THE FOLLOWING-NAMED INDIVIDUAL FOR APPOINT- MENT AS A PERMANENT REGULAR OFFICER IN THE U.S. lowing as the first of seven ways in of the nine other members that sought COAST GUARD IN THE GRADE INDICATED UNDER TITLE which enlargement will contribute to NATO membership or any other na- 14, UNITED STATES CODE, SECTION 211: enhanced stability and security for all tions that may be contemplating seek- To be lieutenant (junior grade) countries in the Euro-Atlantic area as: ing membership in NATO in the future. WHITNEY L. YELLE, 0000 Encouraging and supporting democratic re- It is simply a mechanism which is IN THE NAVY forms, including civilian and democratic needed in any collective security THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT control over the military. agreement to assure that if a member TO THE GRADE INDICATED IN THE U.S NAVY UNDER Similarly, in listing 13 criteria for of that collective security pact no TITLE 10, UNITED STATES CODE, SECTION 624: possible new Alliance members, chap- longer adheres to the fundamental To be lieutenant commander ter 5 of the NATO study lists the fol- principles which bind that pact, that MATTHEW B. AARON, 0000 TODD A. ABLER, 0000 lowing as the very first criterion: the other members should have a CHARLES E. ADAMS, 0000 Conform to basic principles embodied in mechanism to suspend the country CHRISTOPHER A. ADAMS, 0000 the Washington Treaty: democracy, indi- DAVID J. ADAMS, 0000 which is no longer adhering to the fun- JEFFREY D. ADAMS, 0000 vidual liberty and the rule of law. damental principles. TAMMY M. ADAMS, 0000 I have reviewed several collective se- GLENN R. ALLEN, 0000 At the Armed Services Committee’s ROBERT J. ALLEN, 0000 curity treaties to which the United hearing with Secretaries Albright and LEE K. ALLRED, 0000 States is a party. In the course of that JUAN ALVAREZ, 0000 Cohen, I listed several major issues STEPHEN M. ANDERJACK, 0000 review, I discovered a number of rel- that the Senate would have to consider DOUGLAS J. ANDERSON, 0000 evant provisions; for instance, the ERIC B. ANDERSON, 0000 in the course of our examination of the MARK S. ANDERSON, 0000 Charter of the Organization of Amer- wisdom of NATO enlargement. One of MILTON D. ANDERSON, 0000 ican States, the world’s oldest regional WILLIAM H. ANDERSON, 0000 those issues was, ‘‘Should the United CHRISTOPHER P. ANKLAM, 0000 organization. While not as widely cele- States consider the security of Central MITCHELL APPEL, 0000 brated as some of the other charters, LAYNE M. K. ARAKI, 0000 European nations one of our Nation’s CHRISTOPHER L. ARCHUT, 0000 nonetheless all of the countries in the vital interests, so that we would go to KEITH M. ARMISTEAD, 0000 Americas but one are today demo- PETER S. ASBY, JR, 0000 war if their security is threatened?’’ ROGER A. ASCHBRENNER, 0000 cratic, and it should come as no sur- That is not the only issue, but it is a MARK R. ATWOOD, 0000 prise, then, although the event re- central issue. And I, for one, am not JEFFREY G. AUSTIN, 0000 LISA A. AVILA, 0000 ceived virtually no publicity, that on ready to put the lives of American HERMAN T. K. AWAI, 0000 September 25, with the ratification by youth at risk for a nation unless that ROBERT D. AZEVEDO, 0000 BRUCE G. BACHAND, 0000 Venezuela of the Protocol of Wash- nation adheres to the principles of the DANIEL K. BACON, JR, 0000 ington, the OAS Charter was amended Washington Treaty: democracy, indi- DANIEL K. BAGGETT, 0000 VERNON E. BAGLEY, 0000 to provide for the suspension of any vidual liberty, and the rule of law. If KEVIN W. BAILEY, 0000

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SCOTT M. BAILEY, 0000 STANLEY G. BURLINGAME, 0000 THOMAS L. DEARBORN, 0000 TODD E. BAILEY, 0000 DAVID L. BURNHAM, JR., 0000 GEOFFREY G. DEBEAUCLAIR, 0000 JOHN C. BAKER, 0000 LAURENCE T. BURNS, 0000 WILLIAM W. DEBOW, 0000 TIMOTHY H. BAKER, 0000 RICHARD A. BURR, 0000 JOSEPH A. DELEON, 0000 RICKY D. BALCOM, 0000 BRYAN P. BURT, 0000 CHARLES S. DELLINGER, 0000 KEVIN L. BALLINGER, 0000 JOHN A. BURTON, 0000 BRUCE R. DEMELLO, 0000 STEPHEN C. BALLISTER, 0000 CHRISTOPHER J. BUSHNELL, 0000 ALBERT E. DEMPSEY III, 0000 GRADY T. BANISTER III, 0000 WILLIAM S. BUTLER, 0000 THOMAS M. DENDY, 0000 ROBERT E. BANKER, JR., 0000 ROBERT C. BUZZELL, 0000 CARL J. DENI, 0000 TIMOTHY S. BARBIER, 0000 JAMES W. BYERLY, 0000 SUSAN V. DENI, 0000 MICHAEL G. BARGER, 0000 ANTHONY T. CALANDRA, 0000 CHARLES L. DENNIS, 0000 JOHN H. BARNARD, 0000 PETER J. CALLAGHAN, 0000 STEPHEN W. DENNIS, 0000 DANNY T. BARNES, 0000 KENNETH E. CALLEN, 0000 KENNETH B. DEPEW, 0000 DEBORAH K. BARNES, 0000 JOHN S. CALVERT, 0000 RODNEY P. DEWALT, 0000 HAROLD L. BARNES, 0000 PAUL T. CAMARDELLA, 0000 STEVEN M. DEWITT, 0000 JOHN H. BARNET, JR., 0000 ANDREW R. CAMERON, 0000 SCOTT R. DIAZ, 0000 GLENN E. BARRICK, 0000 CHRISTIAN G. CAMERON, 0000 JOSEPH A. DICKINSON, 0000 JEFFREY B. BARRON, 0000 JAMES R. CAMPBELL, 0000 ERICH W. DIEHL, 0000 MARK C. BARRY, 0000 JOHN C. CAMPBELL, 0000 GARRY W. DILDAY, 0000 THOMAS BAU, 0000 WILLIAM R. CAMPBELL, 0000 THOMAS W. DILL, 0000 RICHARD W. BAUER, 0000 JOEL M. CANNON, 0000 DAVID S. DIMITRIOU, 0000 GREGG W. BAUMANN, 0000 JON C. CANNON, 0000 SCOTT M. DIX, 0000 BENITO E. BAYLOSIS, 0000 ROBERT L. CAPPS, 0000 CHRISTOPHER J. DIXON, 0000 CABELL W. BAYNES, 0000 MICHAEL A. CARAMBAS, 0000 MATTHEW DIXON, 0000 BRENT R. BEABOUT, 0000 KENNETH W. CARAVEO, 0000 WILLIAM A. DONEY, JR, 0000 SCOTT A. BEARE, 0000 PAMELA K. L. CAREL, 0000 CATHERINE K. DONOHUE, 0000 MARTIN R. BEAULIEU, 0000 ROBERT S. CARLISLE, 0000 JAMES F. DOODY, 0000 JOHN T. BEAVER, JR., 0000 MARK S. CARLTON, 0000 THOMAS A. DOPP, 0000 MICHAEL P. BEAVERS, 0000 DAVID J. CARRILLO, 0000 CHAD O. DORR, 0000 WALTER E. BECK, 0000 MICHAEL CARSLEY, 0000 KEVIN A. DOWGIEWICZ, 0000 CHRISTIAN D. BECKER, 0000 JOHN P. CARTER, 0000 JAMES P. DOWNEY, 0000 MARK A. BECKER, 0000 CHARLES L. CASH, 0000 CHRISTOPHER S. DREWELLO, 0000 MIRIAM D. BECKER, 0000 EDWARD B. CASHMAN, 0000 DAWN H. DRIESBACH, 0000 KYLE B. BECKMAN, 0000 CHARLES J. CASSIDY, 0000 STEVEN P. DUARTE, 0000 THOMAS R. BELESIMO III, 0000 JERRY M. CATRON, JR., 0000 SCOTT A. DUFFY, 0000 JERRI A. BELL, 0000 GERALD J. CAVALIERI, JR., 0000 SCOTT E. DUGAN, 0000 MICHAEL D. BELL, 0000 DAVID CELA, 0000 JAMES J. DUKE, JR, 0000 ROBERT J. BELLO, 0000 GINO CELIA, JR., 0000 JOHN M. DULLUM, 0000 DAVID C. BEMENT, 0000 TIMMIE R. CHAMBERS, 0000 JOHN L. DUMAS, 0000 ELIZABETH M. BENDEL, 0000 CHARLES J. CHAN, 0000 JOSEPH R. DUNDAS, 0000 MARK B. BENJAMIN, 0000 TIMOTHY J. CHARLESWORTH, 0000 MARK B. DUNLEAVY, 0000 STEVEN M. BENKE, 0000 CHARLES T. CHASE, 0000 CHRISTOPHER E. DUNPHY, 0000 MICHAEL L. BENO, 0000 MICHAEL A. CHEATWOOD, 0000 DANIEL W. DWYER, 0000 KIRK R. BENSON, 0000 CARL P. CHEBI, 0000 CHARLES S. DYE, 0000 STEVEN G. BETHKE, 0000 DAVID D. CHELSEA, 0000 JAMES EASAW, 0000 TODD R. BIBZA, 0000 MICHAEL F. CHESIRE, 0000 BRETT K. EASLER, 0000 JAMES S. BIGGS, 0000 LEDA M. L. CHONG, 0000 JEFFERY P. EATON, 0000 RACHEL L. P. BILLINGSLEY, 0000 PAUL H. CHRISMAN, 0000 DAVID M. ECCLES, 0000 PATRICK J. BINDL, 0000 JOHNNY D. CHRISTENSEN, 0000 DAVID M. EDGECOMB, 0000 DAVID G. BISAILLON, 0000 PETER J. CHRISTENSEN, 0000 SCOTT A. EDWARDS, 0000 SCOTT R. BISCHOFF, 0000 WARREN B. CHRISTIE III, 0000 BRIAN F. EGGLESTON, 0000 DONALD R. BISHOP, 0000 DANIEL G. CHRISTOFFERSON, 0000 EDWARD W. EIDSON, 0000 JOHN P. BISSA, 0000 ANDREW L. CIBULA, 0000 JOSEPH A. ELLENBECKER, 0000 FRANCIS J. BITZAN, 0000 ARTHUR E. CIMILUCA, JR., 0000 MARK R. H. ELLIOTT, 0000 SHARON M. BITZER, 0000 DAVID A. CIMPRICH, 0000 JAMES M. ELLIS, 0000 JONATHAN D. BLACKER, 0000 GREGORY S. CLARK, 0000 NEALE R. ELLIS, 0000 CHARLES R. BLAIR, 0000 STEVEN M. CLARKE, 0000 MICHAEL A. ELSBERG, 0000 DAVID I. BLAIR, 0000 LARRY A. CLAWSON, JR., 0000 JOHN P. ELSTAD, 0000 DONALD L. BLAIR, JR., 0000 KENNETH E. CLEVELAND, 0000 ELLEN H. EMERSON, 0000 DONOVAN F. BLAKE, 0000 JOHN W. CLIFTON, 0000 TERENCE G. EMMERT, 0000 ROBERT M. BLAKE II, 0000 JAMES COCKLIN, JR., 0000 STEPHEN M. EMSWILER, 0000 SCOTT R. BLAKE, 0000 JAMES P. CODY, 0000 RICHARD D. ENGLE, 0000 RICHARD P. BLANK, 0000 GEOFFREY D. COGAN, 0000 JOHN G. ENGLER III, 0000 PAULA S. BLOOM, 0000 HANK A. COLBURN, 0000 SEAN T. EPPERSON, 0000 DOUGLAS A. BOERMAN, 0000 DANIEL J. COLE, 0000 ELLEN ERICKSON, 0000 JEAN P. BOLAT, 0000 ROBERT E. COLEMAN, 0000 RICHARD S. ERIE, 0000 WAYNE D. BOLL, 0000 THOMAS R. COLEMAN, 0000 KARL A. ERIKSON, 0000 DAVID A. BONDURA, 0000 MICHAEL J. COLMAN, 0000 DALE L. ERLEWINE, 0000 ANDREW J. BOOTH, 0000 ANTHONY C. CONANT, 0000 JEFFREY R. ERMERT, 0000 LEONARD H. BORGDORFF, 0000 TIMOTHY W. CONWAY IV, 0000 BURT L. ESPE, 0000 JOSEPH H. BORJA, 0000 ARTHUR T. COOGAN III, 0000 PAUL E. ESPINOSA, 0000 DAVID L. BOSSERT, 0000 THOMAS L. S. COOK, 0000 JOHN M. ESPOSITO, 0000 BRADFORD L. BOTKIN, 0000 ROBERT P. COOKE, JR., 0000 PAUL M. ESPOSITO, 0000 JAMES W. BOUCK, 0000 CHARLES B. COOPER II, 0000 THOMAS V. EVANOFF II, 0000 RICHARD F. BOWEN, JR., 0000 DAVID A. COPP, 0000 ASHLEY D. EVANS, 0000 MARK L. BOWLIN, 0000 RANDALL D. CORBELL, 0000 COLEY L. EVANS, 0000 JAY S. BOWMAN, 0000 FARON J. CORDREY, 0000 JOSEPH H. EVANS, 0000 ALAN L. BOYER, 0000 TIMOTHY J. CORKERY, 0000 JOSEPH S. EVERSOLE, 0000 MICHAEL E. BOYLE, 0000 KELLY J. CORMICAN, 0000 BRIAN G. FALKE, 0000 MICHAEL R. BOYLE, 0000 RICHARD L. CORNWALL, 0000 TIMOTHY C. FALLER, 0000 GEORGE E. BRADSHAW III, 0000 TIMOTHY J. CORRIGAN, 0000 NIELS A. FARNER, 0000 ROBERT F. BRADSHAW, 0000 SCOTT E. CORSANO, 0000 BRUCE C. FAUVER, 0000 DAVID L. BRAGG, 0000 KEVIN A. CORY, 0000 JOHN P. FEENEY, JR., 0000 DWIGHT A. BRANDON II, 0000 PATRICK COSTELLO, 0000 DAVID FELLER, 0000 THOMAS P. BRASEK, 0000 JOHN M. COTTINGHAM, 0000 JEFFREY W. FENTON, 0000 THOMAS I. BREED, 0000 STEPHEN J. COUGHLIN, 0000 KENT C. FERGUSON, 0000 JOSEPH R. BRENNER, JR., 0000 KEVIN M. COYNE, 0000 RANDYALLEN FERGUSON, 0000 CLARK V. BRIGGER, 0000 KURTIS W. CRAKE, 0000 SCOTT C. FERRIS, 0000 GRANT A. BRIGGER, 0000 RONALD L. CRANFILL, 0000 DAVID W. FISCHER, 0000 VOLTAIRE H. BRION, 0000 LAURENCE A. CRAWFORD, 0000 JAMES J. FISHER, 0000 GARY L. BRISTER, 0000 JASON W. CRONIN, 0000 SCOTT J. FISHER, 0000 DONALD R. BRITTAIN, JR., 0000 BARRY W. CROSBY, JR, 0000 LAURENCE W. FITZPATRICK, 0000 JEFFREY B. BRITTON, 0000 THOMAS R. CROWELL, 0000 CARLOS E. FLANAGAN, 0000 BRENT R. BROOKS, 0000 ALLEN R. CRUZ, 0000 EDWARD M. FLANAGAN, 0000 PATRICK M. BROPHY, 0000 DENNIS R. CRUZ, 0000 TODD J. FLANNERY, 0000 BRUCE W. BROSCH, 0000 JEFFREY C. CRYMES, 0000 ANDREW FLEMING, 0000 RODNEY A. BROWER, 0000 JUAN D. CUESTA, 0000 THOMAS G. FLETCHER, 0000 BRADFORD L. BROWN, 0000 DAVID A. CULLER, JR, 0000 DAVID L. FLOODEEN, 0000 JAMES A. BROWN, 0000 MICHAEL L. CUNNINGHAM, 0000 GREGORY J. FLORENCE, 0000 JEFFREY M. BROWN, 0000 DANIEL L. CURRIE III, 0000 MICHAEL S. FLOYD, 0000 LINSLY G. M. BROWN, 0000 PATRICK N. CURTIN III, 0000 JOSEPH D. FLYNN, 0000 MARSHALL B. BROWN, 0000 DAVID C. CUTTER, 0000 JUDITH M. FORTIER, 0000 WILLIAM D. BROWN III, 0000 DANIEL M. DABERKOE, 0000 KEVIN D. FOSTER, 0000 STEVEN P. BROWNE, 0000 JONATHAN B. DACHOS, 0000 PAUL J. FOSTER, 0000 TIMOTHY G. BRUCE, 0000 MICHELE A. DALEYRYAN, 0000 SEAN P. FOX, 0000 BOBBY BRYANT, 0000 BERNARD L. DALLY, 0000 STANLEY L. FOX II, 0000 RICHARD R. BRYANT, 0000 JAMES DALTON, 0000 DAVID M. FRAVOR, 0000 MICHAEL BUCHANAN, 0000 CHARLES L. DANIELS II, 0000 JON FREDAS, 0000 GREGORY R. BUCK, 0000 KATHLEEN B. DANIELS, 0000 JOHN N. FREEBURG III, 0000 EDGAR D. BUCLATIN, 0000 FREDERICK W. DAU IV, 0000 WILLIAM D. FRENCH, 0000 DELL D. BULL, 0000 DARYL S. DAVIS, 0000 GREGORY C. FRIEND, 0000 BRADLEY C. BURGESS, 0000 MARIA J. DAVIS, 0000 MERL W. FUCHS, 0000 KEITH N. BURGESS, 0000 MICHAEL C. DAVIS, 0000 DANIEL E. FUHRMAN, 0000 JASON B. BURKE, 0000 PHILIP D. DAVIS, 0000 SCOT A. FUHRMAN, 0000 MICHAEL F. BURKE, 0000 WILLIAM J. DAVIS, 0000 MICHAEL B. FULKERSON, 0000 STEPHEN N. BURKE, 0000 GREGORY E. DAWSON, 0000 JOHN V. FULLER, 0000 GARY A. BURKHOLDER, 0000 GLENROY E. DAY, JR, 0000 DONALD D. GABRIELSON, 0000

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JOHN C. GAFFE, 0000 BRYAN E. HERDLICK, 0000 RICHARD W. KAMMANN, JR, 0000 STEPHANIE GAINER, 0000 TRACY W. HERNANDEZ, 0000 SHEILA KAPITULIK, 0000 WALTER GAINER III, 0000 MICHAEL A. HERRERA, 0000 RICARDO J. KARAKADZE, 0000 SCOTT R. GALLAGHER, 0000 PATRICK B. HERRINGTON, 0000 ROBERT D. KASS, 0000 CARLOS E. GALVEZ, JR., 0000 BARBARA P. HESS, 0000 JAMES A. KASTLE, 0000 ROBERT D. GAMBERG, 0000 WILLIAM F. HESSE, 0000 RICHARD M. KAY, 0000 ANDREW J. GAMBLE, 0000 WILLIAM A. HESSER, JR., 0000 ROBERT T. KAY, 0000 ANTHONY R. GAMBOA, 0000 KIRK R. HIBBERT, 0000 JOHN T. KEANE, JR, 0000 TORSTEN A. GARBER, 0000 TODD W.H. HICKERSON, 0000 DOUGLAS F. KELLER, 0000 ARTURO M. GARCIA, 0000 ROBERT A. HICKEY, 0000 JAMES P. KELLOGG, 0000 DANIEL L. GARCIA, 0000 MICHAEL E. HICKS, JR., 0000 MARY C. KELLY, 0000 HECTOR GARCIA, 0000 HOWARD J. HIGGINS, 0000 MICHAEL M. KELLY, 0000 RUBEN M. GARCIA, 0000 RONALD L. HIGGS, JR., 0000 PATRICK M. KELLY, 0000 ANNETTE M. GARDINAL, 0000 KARL A. HILBERG, 0000 SCOTT K. KELLY, 0000 STEVEN R. GARDNER, 0000 GREGORY A. HILDEBRAND, 0000 JUDY L. KEMPISTY, 0000 JOHN P. GASPERINO, 0000 ANDREW J. HILL, 0000 ROBERT L. KENDALL, 0000 EMMET S. GATHRIGHT, 0000 KIM D. HILL, 0000 STEPHEN J. KENNEDY, 0000 JOHN C. GAWNE, JR., 0000 JAMES R. HITT, 0000 TROY J. KENNEDY, 0000 JAMES R. GEAR, JR., 0000 ROBERT L.R. HODGE, 0000 JOHN E. KENNINGTON, 0000 ROBERT N. GEIS, 0000 MARY T. HOEKSEMA, 0000 JAMES A. KERR, 0000 JOHN R. GENSURE, 0000 JAMES P. HOGAN, 0000 JOSEPH P. KERSTIENS, 0000 JOSEPH A. GHERLONE, JR., 0000 JUAN J. HOGAN, 0000 TODD A. KIEFER, 0000 MICHAEL J. GIANNELLI, 0000 SCOTT M. HOGAN, 0000 DOUGLAS P. KIEM, 0000 TIMOTHY W. GIBBONS, 0000 DAVID R. HOGSTEN, 0000 ANDREW S. KING, 0000 RICHARD T. GILLIN, 0000 JERRY K. HOLDEN, 0000 JOHNNY C. KING, 0000 DONALD A. GISH, 0000 DOUGLAS J. HOLDERMAN, 0000 STEWART E. KING, 0000 KEVIN J. GISH, 0000 THOMAS A. HOLE, 0000 JEFFREY H. KIRBY, 0000 TEMIJUIIN H. GLASS, 0000 PATRICK R. HOLLEN, 0000 RICHARD R. KIRCHNER, 0000 LAWRENCE E. GLOSS, 0000 MICHAEL K. HOLLOWELL, 0000 THOMAS K. KISS, 0000 JAMES D. GODEK, 0000 CHRISTOPHER D. HOLMES, 0000 BRENT R. KLAVON, 0000 ANNE M. GODFREY, 0000 ALAN W. HOLT II, 0000 KYLE D. KLIEWER, 0000 JAMES E. GOEBEL, 0000 PATRICK T. HOLUB, 0000 DANIEL B. KLINE, 0000 HOWARD S. GOLDMAN, 0000 DAVID A. HONABACH, 0000 DEAN W. KLUSS, 0000 CURTIS L. GOMER, 0000 HERBERT H. HONAKER, 0000 RANDALL G. KNAPP, 0000 THOMAS C. GOMEZ, 0000 DAVID M. HONE, 0000 JAMES A. KNORTZ, 0000 HERMANN F. GONZALEZ, 0000 GEORGE H. HONEYCUTT II, 0000 EDWARD R. KNOWLES, 0000 CHARLES M. GORDON, 0000 MARK A. HOOPER, 0000 BRIAN D. KOEHR, 0000 JOHN J. GORDON, 0000 JOHN M. HOOPES, 0000 DOUGLAS H. KOEKKOEK, 0000 ALAN B. GORSKI, 0000 TIMOTHY HOOYER, 0000 BRYAN S. KOHN, 0000 GREGORY A. GORTON, 0000 STEVEN D. HOPE, 0000 MATTHEW B. KOLOSEIKE, 0000 FREDERICK J. GOSEBRINK II, 0000 WILLIAM D. HOPPER, 0000 WILLIAM P. KOPPER, 0000 GARY A. GOTHAM, 0000 PAUL T. HORAN, 0000 CHRISTOPHER A. KORN, 0000 SCOTT C. GOVER, 0000 BRIGITTE HORNER, 0000 ERIC R. KOSTEN, 0000 CHARLES F. GOVIER, 0000 JAMES E. HORTEN, 0000 TODD D. KOTOUCH, 0000 JAMES J. GRACIO, 0000 JAMES D. HOUCK, 0000 KEVIN E. KRAUS, 0000 TRACY A. GRAHAM, 0000 DAVID B. HOWARD, 0000 DOUGLAS R. KREBS, 0000 WILLIAM R. GRAHAM, 0000 DONALD B. HOWARD, 0000 MICHAEL H. KRISTY, 0000 PIERRE J. GRANGER, 0000 JAMES F. HRUSKA, 0000 JOHN KROPCHO III, 0000 DOUGLAS W. GRANT, 0000 STEVEN R. HUBBELL, 0000 STEPHEN M. KRUEGER, 0000 JAMES D. GRASSEY, 0000 SETH F. HUDGINS III, 0000 DENISE M. KRUSE, 0000 THOMASCOPP GRAVES, 0000 ROBERT E. HUDSON, 0000 ANDREW R. KUEPPER, 0000 CHRISTOPHER S. GRAY, 0000 WARREN G. HUELSNITZ, 0000 JEFFREY A. KUHLMAN, 0000 JAMES L. GRAY, JR., 0000 MICHAEL T. HUFF, 0000 ERIC G. KUKANICH, 0000 JOHN K. GREEN, JR., 0000 WAYNE R. HUGAR, 0000 TIMOTHY M. KUNKEL, 0000 JAMES R. GREENBURG, 0000 JONATHAN R. HUGGINS, 0000 PAMELA S. KUNZE, 0000 DAVID R. GREER, 0000 FRANCIS M. HUGHES III, 0000 MICHAEL C. KVICALA, 0000 JOHN L. GREER, 0000 JEFFREY W. HUGHES, 0000 ERIC R. KYLE, 0000 PAUL GRIFFIN, JR., 0000 TREVOR C. HUNLEY, 0000 STEVEN J. LABOWS, 0000 THOMAS G. GRIFFIN, JR, 0000 DAVID R. HUNT, 0000 PETER C. LACHES, 0000 ERIC F. GRIFFITH, 0000 JOHN M. HUNT, 0000 KARL A. LADO, JR, 0000 GLENN E. GROESCH, 0000 KEVIN D. HUNT, 0000 JAMES P. LAINGEN, 0000 DAVID M. GROFF, 0000 RAYMOND B. HURD, JR., 0000 NANCY D. LAKE, 0000 BART L. GROSSMAN, 0000 DANIEL J. HURDLE, 0000 JOHN H. LAMB, 0000 TIMOTHY J. GROUT, 0000 CLEM P. HURN, 0000 DAVID J. LAMBERT, 0000 MICHAEL H. GUERRERA, 0000 RODNEY E. HUTTON, 0000 CHRISTOPHER A. LAMM, 0000 JOSEPH P. GUERRERO, 0000 CHRISTOPHER K. HYDER, 0000 JAMES W. LANDERS, 0000 ROBERTO I. GUERRERO, 0000 HEWITT M. HYMAS, 0000 JAMES L. LANE, JR., 0000 THOMAS K. GUERRERO, 0000 KENNETH A. INGLESBY, 0000 GEORGE E. LANG, JR., 0000 MARK B. GUEVARRA, 0000 MARK T. INNES, 0000 TIMOTHY K. LANGDON, 0000 MICHELLE A. GUIDRY, 0000 JOHN R. IRVIN, 0000 GREGORY E. LAPUT, 0000 SCOTT F. GUIMOND, 0000 DENNIS M. IRWIN, 0000 ROBERT B. LARUE, 0000 DAVID W. GUNDERSON, 0000 KENNETH R. IRWIN, JR., 0000 FREDERICK LATRASH, 0000 BRIAN C. GURR, 0000 THOMAS E. ISHEE, 0000 THOMAS D. LATTOMUS, 0000 FRANCIS R. GUTIERREZ, JR., 0000 JILL M. ITO, 0000 SEAN P. LAUGHLIN, 0000 MICHAEL F. GUYER, 0000 JEFFREY T. JABLON, 0000 ERIC H. LAW, 0000 MATTHEW K. HAAG, 0000 DARRYL F. JACKSON, 0000 HARRY E. LAWSON, JR., 0000 STEVEN J. HADDAD, 0000 MARY M. JACKSON, 0000 JEFFERY E. LAY, 0000 TODD W. HAGE, 0000 DOUGLAS M. JACOBSEN, 0000 SCOTT C. LEACH, 0000 PAUL P. HAGERTY, 0000 RHETT R. JAEHN, 0000 STEVEN E. LEAHY, 0000 RICHARD E. HAIDVOGEL, 0000 KENNETH W. JALALI, 0000 WILLIAM J. LEAR, JR, 0000 MICHAEL W. HAIJSMAN, 0000 SHAWN D. JAMES, 0000 MARK D. LECHNER, 0000 IAN M. HALL, 0000 STEVEN M. JAMES, 0000 BRADLEY LEE, 0000 DAVID D. HALLISEY, 0000 HERBERT A. JANSEN, 0000 DANIEL G. LEE, 0000 KENNETH T. HAM, 0000 MARK M. JAREK, 0000 RICKY A. LEE, 0000 QUINTON HAMEL, 0000 PAUL J. JARRETT, 0000 DENNIS M. LEETE, 0000 BRUCE H. HAMILTON, 0000 RICHARD A. JEFFRIES, 0000 DIDIER A. LEGOFF, 0000 ALLEN W. HAMMERQUIST, 0000 JOHN R. JENSEN, JR, 0000 GREGG D. LEHOCKY, 0000 MICHAEL J. HAMMOND, 0000 ROSALIE A. JEPSKY, 0000 ANDREAS LEINZ, 0000 BETH J. HANKINS, 0000 NORBERTO G. JIMENEZ, JR, 0000 JOHN S. LEMMON, 0000 DOUGLAS D. HANLON, 0000 RICHARD O. JOHNS, 0000 MICHAEL T. LENTS, 0000 PHILIP L. HANS IV, 0000 WILLIAM D. JOHNS, 0000 HOWARD F. LENWAY, 0000 DOUGLAS J. HANSON, 0000 DAVID A. JOHNSON, 0000 LUIS A. LEON, JR., 0000 KURT P. HARDY, 0000 DAVID E. JOHNSON, 0000 JEFFRY P. LEPORTE, 0000 ROBERT W. HARGRAVE, 0000 ERIK N. JOHNSON, 0000 DONALD B. LESH, 0000 CHRISTOPHER L. HARKINS, 0000 GREGORY S. JOHNSON, 0000 MATTHEW A. LETOURNEAU, 0000 MICHAEL W. HARLOW, 0000 HOBART C. JOHNSON, 0000 WILLIAM T. LEUTZ, 0000 ROBERT S. HARRILL, 0000 KURT B. JOHNSON, 0000 CHRISTOPHER R. LEVESQUE, 0000 MICHAEL S. HARRINGTON, 0000 LEE M. JOHNSON, 0000 ALBERT S. LEWIS II, 0000 ROBERT S. HARRINGTON, 0000 MARK A. JOHNSON, 0000 SCOTT M. LEWIS, 0000 GREGORY N. HARRIS, 0000 MARK S. JOHNSON, 0000 ROGER W. LIGON, 0000 LESLIE H. HARRIS, 0000 RANDY L. L. JOHNSON, 0000 JACK C. LIKENS, JR., 0000 RONALD J. HARRIS, 0000 SHIRL D. JOHNSON, 0000 CLAUDE P. R. LIM, 0000 WILLIAM O. HARRIS III, 0000 TROY A. JOHNSON, 0000 DANIEL B. LIMBERG, 0000 BERNARD C. HARRISON III, 0000 WILLIAM S. JOHNSON, 0000 RICHARD W. LINDSAY, 0000 CLAYTON A. HARTMAN, 0000 JAMES H. JONES, 0000 KEITH L. LINDSEY, 0000 KARL M. HARTMAN, 0000 JOHN R. JONES, 0000 RICHARD J. LINEHAN, 0000 KAREN A. HASSELMAN, 0000 JOHNATHAN L. JONES, 0000 FRANK S. LINKOUS, 0000 ROBERT N. HEIN, JR., 0000 MICHAEL C. JONES, 0000 KENNETH V. LINKOUS, JR., 0000 JURGEN HEITMANN, 0000 TIMOTHY W. JONES, 0000 CHARLES E. LITCHFIELD, 0000 ERIC HENDRICK, 0000 MATTHEW J. JORDAN, 0000 ERIC L. LITTLE, 0000 ERIC J. HENDRICKSON, 0000 PERNELL A. JORDAN, 0000 R. E. LIVINGSTON IV, 0000 HENRY J. HENDRIX II, 0000 JEFFREY D. JORGENSEN, 0000 STEVEN E. LOEFFLER, 0000 ROBERT T. HENNESSY, 0000 DONNA M. JOYAL, 0000 ANDREW J. LOISELLE, 0000 DAMON M. HENRY, 0000 FRANCISCO M. JUANCHE, 0000 MARK H. LOKAY, 0000 DENNIS F. HENSLEY, 0000 DAVID R. JUNGERS, 0000 JOHN M. LONGHINI, 0000 DONALD R. HENSLEY, JR., 0000 VERNON L. JUNKER, 0000 STEPHEN E. LORENTZEN, 0000 RICHARD F. HERBST, 0000 JAY A. KADOWAKI, 0000 GREGORY K. LORICK, 0000

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MARK LOTZE, 0000 GERALD M. MOST, 0000 STEVEN R. RASMUSSEN, 0000 CHRISTOPHER A. LOTZIA, 0000 ANDREW J. MUELLER, 0000 RONALD L. RAVELO, 0000 TY E. LOUTZENHEISER, 0000 KEVIN S. MUHS, 0000 MICHAEL D. RAYFIELD, 0000 RANDALL L. LOVELL, 0000 GREGORY A. MUNNING, 0000 GREGORY L. REED, 0000 RODNEY K. LUCK, 0000 DOUGLAS M. MURPHY, 0000 DAVIS B. REEDER, 0000 DOUGLAS A. LUCKA, 0000 THOMAS P. MURPHY, 0000 GREGORY A. REHARD, 0000 ANTHONY J. LUDOVICI, 0000 WILLIAM R. MUSCHA, 0000 WILLIAM D. REID, 0000 MARY E. LUGENBEAL, 0000 ALBERT F. MUSGROVE II, 0000 ROBERT A. REIFENBERGER, 0000 RANDALL J. LYNCH, 0000 MARK E. MUZII, 0000 WILLIAM REILLY, JR., 0000 JOSEPH F. LYONS, 0000 RANDALL J. NASH, 0000 SCOTT E. REIN, 0000 PAUL J. LYONS, 0000 CARL D. NEIDHOLD, 0000 KURT B. REINHOLT, 0000 BRADLEY J. MAAK, 0000 LOURDES T. NEILAN, 0000 ARTHUR J. REISS, 0000 WILLIAM A. MACCHIONE, 0000 RICHARD D. NELSON, 0000 LEONARD V. REMIAS, 0000 MATTHEW P. MACIEJEWSKI, 0000 WILLIAM L. NELSON, 0000 JAMES L. REYBURN, 0000 WILLIAM C. MACK, 0000 MICHAEL D. NEUMANN, 0000 TIMOTHY D. REYNOLDS, 0000 WILLIAM G. MACMILLAN, 0000 SAMUEL W. NEWMAN, 0000 WILLIAM F. REYNOLDS, 0000 THOMAS H. MACRAE, 0000 JAMES P. NICHOLS, 0000 ANN Y. RHIE, 0000 MICHAEL G. MADISON, 0000 ROLANDO R. NIEVES, 0000 CHRISTOPHER A. RHODEN, 0000 MARK P. MAGLIN, 0000 BRAD A. NISSALKE, 0000 JAMES E. RICHARDSON, 0000 ALBERT J. MAGNAN, 0000 ROY L. NIXON, 0000 HARRY M. RIDDLE, 0000 WILLIAM D. MALONE, 0000 JAMES W. NOLAN, 0000 JOHN C. RING, 0000 MOSE L. MANINI III, 0000 RHODY V. NORNBERG, 0000 JOHN F. RINKO, 0000 CHERYL D. MANNING, 0000 HOWARD J. NUDI, 0000 JAMES F. RISLEY, 0000 SCOTT A. MAPLE, 0000 JAMES M. NULL, 0000 ROBERT E. RITCHEY, JR, 0000 SCOTT A. MARGULIS, 0000 MICHAEL W. OATES, 0000 BRADLEY W. ROBERSON, 0000 CHARLES B. MARKS III, 0000 KAREN L. OBERG, 0000 JOHN L. ROBEY, 0000 WILLIAM E. MARPLE, 0000 CATHAL S. O’CONNOR, 0000 DAVID A. ROBINSON, 0000 DANIEL P. MARSHALL, 0000 RICHARD M. ODOM II, 0000 GEORGE S. ROBINSON, 0000 GEOFFREY K. MARSHALL, 0000 THOMAS P. O’DOWD, 0000 MITCHELL O. ROBINSON, 0000 MATTHEW J. MARTIN II, 0000 JAMES D. O’LEARY II, 0000 THOMAS L. ROBINSON, 0000 MICHAEL R. MARTIN, 0000 MARIE E. OLIVER, 0000 KIMBERLY A. RODDY, 0000 MICHAEL W. MARTIN, 0000 DARREN M. OLSON, 0000 SHARON L. RODDY, 0000 RANDALL H. MARTIN, 0000 MICHAEL S. ONAN, 0000 PETER J. ROEDL, 0000 ANTONIO R. MARTINEZ, 0000 DONALD K. O’NEILL, 0000 JEFFREY M. ROGALINER, 0000 WILLIAM H. MASON, JR., 0000 THOMAS E. O’NEILL IV, 0000 SCOTT W. ROGERS, 0000 JAMES N. MASSELLO, 0000 MICHAEL F. OTT, JR., 0000 THOMAS E. ROGERS, 0000 TODD H. MASSIDDA, 0000 MARC R. OUELLET, 0000 JAMES A. ROICK, 0000 TIMOTHY E. MATTISON, 0000 LINDA D. OVERBY, 0000 PETER A. ROLLICK, 0000 JOHN E. MAWHINNEY, 0000 MARTIN E. PACE, 0000 CHRISTOPHER A. ROLLINS, 0000 GREGORY K. MAXEY, 0000 RANDALL C. PACKARD, 0000 JAMES R. RONKA, 0000 KATHERINE A. MAYER, 0000 TINA M. PACO, 0000 TIMOTHY B. ROONEY, 0000 GARY A. MAYES, 0000 EDWARD E. PALMER III, 0000 PHILIP H. ROOS, 0000 DANIEL J. MAYO, 0000 BOBBY J. PANNELL, 0000 THOMAS P. ROSDAHL, 0000 MICHAEL P. MAZZONE, 0000 SAMUEL J. PAPARO, JR., 0000 ERIK M. ROSS, 0000 MARY C. MCAULEY, 0000 JAMES C. PAPINEAU, 0000 KEVIN H. ROSS, 0000 VINCENT D. MC BETH, 0000 MICHAEL S. PARISH II, 0000 DANIEL M. ROSSER, 0000 IAN F. MC CALLUM, 0000 ANTHONY J. PARISI, 0000 JAMES M. ROSSI, 0000 SEAN P. MC CARTHY, 0000 WILLIAM D. PARK, 0000 WILLIAM ROSSI, 0000 ANDREW P. MC CARTIN, 0000 DONALD W. PARKER, 0000 MICHAEL P. ROUSSEAU, 0000 WALTER O. MC CLENNEY, 0000 GARY W. PARKER, 0000 HENRY P. ROUX, JR, 0000 SCOTT A. MC CLURE, 0000 VERA PARKER, 0000 ANDREW W. ROWE, 0000 BRIGHAM A. MC COWN, 0000 WILLIAM J. PARKER III, 0000 TIMOTHY J. RUSH, 0000 ANDREW C. MC CUE, 0000 JOSEPH A. PARRILLO, 0000 KENT E. RUSHING, 0000 PERRY L. MC DOWELL, 0000 RONALD L. PARSLOW, 0000 DOUGLAS V. RUSSELL, 0000 DARREN J. MC GLYNN, 0000 KENNETH M. PASCAL, 0000 THOMAS M. RUTHENBERG, 0000 LARRY L. MC GUIRE, 0000 MARCO A. PATI, 0000 ERIC C. RUTTENBERG, 0000 JOSEPH R. MC KEE, 0000 NANCY C. PAULSEN, 0000 MICHAEL R. RYAN, 0000 DENNIS J. MC KELVEY, 0000 RICHARD PEACH, 0000 LAURAN W. RYE, 0000 WILLIAM P. MC KINLEY, 0000 BENJAMIN J.I. PEARSON, 0000 ROBERT D. SALLADE, 0000 ANTHONY MC KINNEY, 0000 STEPHEN C. PEARSON, 0000 TERIANN SAMMIS, 0000 R.F. MC KINNEY, JR., 0000 LAWRENCE A. PEMBERTON, 0000 ROBERT W. SANDERS, 0000 KENNETH J. MC KOWN, 0000 GLENN W. PENDRICK, 0000 ALISON N. SANFORD, 0000 JOHN M. MC LAIN, 0000 BLAINE S. PENNYPACKER, 0000 TERESA S. SANFORD, 0000 JIMMY R. MC LAUGHLIN, 0000 SHAWN L. PENROD, 0000 MICHAEL J. S. SANGSTER, 0000 MICHAEL J. MC MANUS, 0000 PAUL A. PENSABENE, 0000 MIGUEL G. SANPEDRO, 0000 ROBERT P. MC NABB, 0000 MARC B. PEOT, 0000 RICHARD SANTOMAURO, 0000 PATRICK K. MC NAMARA, 0000 CRAIG PEPPE, 0000 VINCENT P. SAPORITO, 0000 WILLIAM R. MC VICKER, JR, 0000 GARY E. PERKINS, 0000 GEORGE B. SAROCH, 0000 DWAINE D. MEAGHER, 0000 ALBERT D. PERPUSE, 0000 WILLIAM E. SASS, JR, 0000 AUDREY D. MEANS, 0000 THOMAS M. PERRON, 0000 ERIKA L. SAUER, 0000 BRADLEY P. MEEKS, 0000 JEAN M. PERRY, 0000 PAUL E. SAVAGE, 0000 PAUL J. MEISCH, 0000 JOHN D. PETERS, 0000 ROBERT B. SCEARCE II, 0000 JOHN E. MEISSEL, 0000 KEVIN R. PETERSON, 0000 TYSON P. SCHAEDEL, 0000 ANGEL O. MELENDEZ, 0000 ANITA S. PETTY, 0000 THOMAS A. SCHARES, 0000 DARRYL C. MELTON, 0000 WILLIAM M. PEYTON, JR., 0000 DANIEL J. SCHEBLER, 0000 DEBRA N. MELTON, 0000 THUAN N. PHAM, 0000 MICHAEL A. SCHEIBER, 0000 GARY R. MELVIN, 0000 CHRISTOPHER T. PHILLIPS, 0000 CHRISTOPHER R. SCHENCK, 0000 GILBERT A. MENDEZ, 0000 DEXTER PHILLIPS, 0000 ERIC H. SCHIERLING, 0000 ERNST MENGELBERG, 0000 LEE V. PHILLIPS II, 0000 JOHN G. SCHIERLING, 0000 JEFFREY P. MENNE, 0000 ERIC M. PICKEL, 0000 PAUL J. SCHLISE, 0000 LIAM P. MERRICK, 0000 CHRISTOPHER J. PIECZYNSKI, 0000 GEORGE P. SCHMIDT, 0000 MILTON C. MERRITT, 0000 ALDEN D. PIERCE, 0000 HARRY M. SCHMIDT, 0000 DAVID W. MEYER, 0000 JAMES T. PIERCE, 0000 WILLIAM J. SCHMITT, JR, 0000 ROBERT H. MEYER, 0000 WILLIAM S. PIESESKI, 0000 WILLIAM C. SCHMITZ, 0000 FRANCISCO Q. MEZA, 0000 JOHN PINCKNEY, 0000 DAVID W. SCHNEIDER, 0000 DOMENICK MICILLO, JR, 0000 STEPHEN J. PINEDO, 0000 JAMES A. SCHREIBER, 0000 JOHN R. MIGAS, 0000 ROGER E. PLASSE, JR., 0000 DAVID R. SCHUCK, 0000 MICHAEL H. MIKLASKI, 0000 PATRICK J. PLESH, 0000 JOHN E. SCHUMANN, 0000 GUY A. MILLER, 0000 JOHN W. PLOHETSKI, 0000 JOEL D. SCHUSTER, 0000 MATTHEW C. MILLER, 0000 JOHN E. PODOLAK, JR., 0000 STEPHEN M. SCHUTT, 0000 STEPHANIE MILLER, 0000 TODD E. POLLARD, 0000 WILLIAM A. SCHWALM, 0000 DAVID B. MILLIGAN, 0000 MARTIN L. POMPEO, 0000 CAROL L. SCHWARTZ, 0000 HUGH E. MILLS, JR, 0000 MICHAEL J. POPADAK, 0000 RICHARD SCHWARZ, 0000 JAY R. MILLS, 0000 JAMES R. POPP, 0000 RICHARD E. SCOTT, 0000 RODNEY A. MILLS, 0000 PATRICK J. PORTER, 0000 WILLIAM B. SEAMAN, JR, 0000 DAVID MILOT, 0000 MICHAEL W. POSNER, 0000 KEVIN M. SEARLS, 0000 SCOTT A. MINIUM, 0000 CHRISTOPHER S. POWELL, 0000 TODD J. SENIFF, 0000 JOHN C. MINNERS, 0000 EVERETT S. PRATT, 0000 DONALD A. SEWELL, 0000 JAMES C. MINSTER, 0000 MILTON J. PRELL, 0000 JAMES A. SEWELL, 0000 MICHAEL L. MOATS, 0000 GREGORY B. PRENTISS, 0000 JACQUES SHAKE, 0000 FRANCIS M. MOLINARI, 0000 HERBERT L. PRINGLE, 0000 ROBERT D. SHARP, 0000 OSCAR E. MONTERROSA, 0000 TODD W. PUGH, 0000 ERIC T. SHAW, 0000 BRIAN T. MOORE, 0000 ESTON D. PURVIS, 0000 THOMAS P. SHAW, 0000 SYLVESTER MOORE, 0000 FRANK N. QUILES, 0000 JOHN J. SHEA, 0000 TOMMY E. MOORE, JR., 0000 CHARLES F. QUINLEY, 0000 PATRICK O. SHEA, 0000 WALLACE F. MOORE, 0000 MICHAEL J. QUINN, 0000 KENNETH M. SHEEHY, 0000 WILLIAM C. MOORE, 0000 TIMOTHY W. QUINN, 0000 JOSEPH F. SHELTRY, 0000 JANE M. MORASKI, 0000 TODD W. RADER, 0000 ANTHONY M. SHEPHERD, 0000 MICHAEL S. MORENO, 0000 STEPHEN G. RADY III, 0000 BENJAMIN A. SHEVCHUK, 0000 DAVID G. MORETZ, 0000 LUIS M. RAMIREZ, 0000 STEPHEN A. SHINEGO, 0000 GARNER D. MORGAN, JR., 0000 CHRISTOPHER B. RAMSEY, 0000 SCOTT R. SHIRE, 0000 JAMES M.L. MORGAN, 0000 ANDREW G. RANDER, 0000 ERIC S. SHIREY, 0000 STEVEN B. MORIEN, 0000 ELISA A. RANEY, 0000 MICHAEL W. SHULTS, 0000 FRANCIS D. MORLEY, 0000 NICOLAS RANGEL, JR., 0000 PHILLIP T. SICARD, 0000 PAUL D. MORRIS, 0000 LOUIS W. RANKIN, 0000 EUGENE P. SIEVERS, 0000 JEROME S. MORRISON, 0000 CHRISTOPHER G. RAPP, 0000 DAVID J. SILKEY, 0000 JOHN R. MOSIER, JR., 0000 ROBERT E. RASMUSSEN, 0000 RICHARD J. SILONG, 0000

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 9801 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11394 CONGRESSIONAL RECORD — SENATE October 29, 1997

GREGORY L. SIMMONS, 0000 OWEN M. TRAVIS, 0000 GAYLE S. WILSON, 0000 MARK D. SIMMS, 0000 BRADDOCK W. TREADWAY, 0000 JOHN E. WIX, 0000 EDWIN L. SIMS, 0000 KIRK E. TREANOR, 0000 CURTIS A. WOLD, 0000 TRACY L. SIMS, 0000 JOHN L. TREFZ, JR, 0000 SCOTT M. WOLFE, 0000 SEAN G. SKELLY, 0000 STEVEN E. TRENT, 0000 DONALD W. WOLFGANG, 0000 JAMES W. SKINNER IV, 0000 JOHN C. TREUTLER, 0000 JAMES A. WOLTERS II, 0000 STEVEN D. SLADKY, 0000 THOMAS G. TROTTER, 0000 ERIC W. WON, 0000 SCOTT D. SLATER, 0000 KAREN A. TSIANTAS, 0000 RICHARD K. WOOD II, 0000 JOHN F. SLEDGIANOWSKI, 0000 TIMOTHY P. TUMELTY, 0000 DAVID L. WOODBURY, 0000 DANIEL J. SMITH, 0000 EMMETT S. TURK, 0000 MOODY G. WOOTEN, JR, 0000 JED C. SMITH, 0000 ALFRED R. V. TURNER, 0000 ANITA H. B. WRIGHT, 0000 KENDELL O. SMITH, 0000 ANDREW K. TURNER, 0000 ERIK C. WRIGHT, 0000 STEPHAN M. SMITH II, 0000 MARK L. TURNER, 0000 CHARLES F. WRIGHTSON, 0000 WADE H. SMITH, JR, 0000 PETER N. TURNER, 0000 JAMES R. WYATT, 0000 WILLIAM D. SMITH, 0000 ROBERT A. TURNER, 0000 LAURA G. YAMBRICK, 0000 DAVID R. SNOW, 0000 TIMOTHY F. TUTT, 0000 THOMAS M. YAMBRICK, 0000 TIMOTHY L. SNYDER, 0000 PATRICK J. TWOMEY, 0000 ANDREW C. YENCHKO, 0000 JAY M. SOKOLOWSKI, 0000 DAVID C. UNCUR, 0000 STEVEN J. YODER, 0000 DAVID W. SOMERS III, 0000 MARK C. VAILLANCOURT, 0000 ANDREW L. YORK III, 0000 STEVEN P. SOPKO, 0000 BENEDICT J. B. VALECRUZ, 0000 JOHN M. YOUNG, 0000 IAN R. SORENSEN, 0000 DEAN F. VALENTINE, 0000 JOHN R. YOUNG, 0000 BRIAN E. SOUCHET, 0000 LESLIE B. VANDAM, 0000 ROBERT E. YOUNG, 0000 RICHARD N. SOUCIE, 0000 RICHARD L. VANVLIET, 0000 ROBERT L. YOUNG, JR, 0000 ROBERT C. SPARROCK, 0000 MARK S. VANYE, 0000 JAMES B. ZEH, 0000 PAUL D. SPEAR, 0000 CATHERINE J. VARELA, 0000 EDWARD C. ZEIGLER, 0000 JEFFREY S. SPEARMAN, 0000 XAVIER M. VARGAS, 0000 CARLOS J. ZENGOTITA, 0000 WESLEY W. SPENCE, 0000 DONALD R. VARNER, 0000 JOHN D. ZIMMERMAN, 0000 DAVID R. SPENCER, 0000 GEORGE J. VASSILAKIS, 0000 MICHAEL T. ZIMMERMANN, 0000 PAUL A. SPILSBURY, 0000 OSCAR VELA, JR, 0000 JEROME ZINNI, 0000 JOHN P. SPRINGETT, 0000 RENE VELAZQUEZ, 0000 MATTHEW R. ZOLLA, 0000 KENNETH R. SPURLOCK, 0000 PETER D. VENA, 0000 TODD A. ZVORAK, 0000 TODD J. SQUIRE, 0000 CHRISTOPHER J. VERDONI, 0000 DONALD L. ZWICK, 0000 PAUL A. STADER, 0000 SCOTT D. VERMILYEA, 0000 THOMAS A. ZWOLFER, 0000 RICHARD A. STAGERS, 0000 JOHN F. VERTEL, 0000 JEFFREY A. STAGGS, 0000 MICHAEL L. VINKAVICH, 0000 STEVEN L. STANCY, 0000 THOMAS K. VINSON, 0000 f MARK J. STANSELL, 0000 NEIL F. VOJE, 0000 JAMES A. STEADMAN, 0000 MARK F. VOLPE, 0000 CONFIRMATIONS JAMES P. STEIL, 0000 JEFFREY R. VONHOR, 0000 JOHN F. STEINBERGER, 0000 JOHN E. WADSWORTH, 0000 Executive nominations confirmed by MICHAEL S. STEINER, 0000 ERICH J. WAHL, 0000 MARK L. STEVENS, 0000 JOSEPH P. WAITE, 0000 the Senate October 29, 1997: SHAWN M. STICKLES, 0000 MATTHEW WAKABAYASHI, 0000 JOSEPH V. STILLWAGGON, 0000 BRYCE E. WAKEFIELD, 0000 U.S. ADVISORY COMMISSION ON PUBLIC MICHAEL A. STOCKDALE, 0000 ANTHONY S. WALCHER, 0000 DIPLOMACY MATTHEW P. STOECK, 0000 BENJAMIN H. WALKER IV, 0000 LEON C. STONE, JR, 0000 ROBERT J. WALKER, 0000 Harold C. Pachios, of Maine, to be a Mem- MICHAEL A. STONE, 0000 THADDEUS O. WALKER III, 0000 ber of the U.S. Advisory Commission on Pub- CHARLES W. STOUDENMIRE, 0000 FRANK T. WALLACE, 0000 lic Diplomacy for a term expiring July 1, PEGEEN O. STOUGARD, 0000 MICHAEL M. WALLACE, 0000 ROY B. STRACHAN, 0000 JOHN M. WALLACH, 0000 1999. GREGORY W. STRAUSER, 0000 DENNIS J. WALSH, JR, 0000 Paula Dobriansky, of Maryland, to be a MICHAEL H. STRICKER, 0000 ANDREW D. WANNAMAKER, 0000 Member of the U.S. Advisory Commission of WILBURN T. J. STRICKLAND, 0000 BLAKE D. WARD, 0000 SHRI J. STROUD, 0000 CHARLES J. WASHKO, 0000 Public Diplomacy for a term expiring July 1, CHRISTOPHER P. STUBBS, 0000 MARK S. WASSIL, 0000 1998. MICHAEL W. STUDEMAN, 0000 JAMES R. WATKINS, 0000 CARLOS M. SUAREZ, 0000 HOWARD M. WATSON, 0000 DEPARTMENT OF STATE THOMAS H. SUGG, JR, 0000 JOHN N. WATSON, 0000 R. Nicholas Burns, of Virginia, a Career WILLIAM H. SUGGS, JR, 0000 MICHAEL P. WATSON, 0000 MARK J. SULLIVAN, 0000 RODNEY J. WATSON, 0000 Member of the Senior Foreign Service, Class WILLIAM G. SULLIVAN, 0000 MYRON C. WEAVER, 0000 of Counselor, to be Ambassador Extraor- JOHN M. SUTHERLAND, 0000 ROBERT E. WEBB, JR, 0000 dinary and Plenipotentiary of the United NIGEL J. SUTTON, 0000 MATTHEW A. WEBBER, 0000 JON E. SWANSON, 0000 VICTOR K. WEBER, 0000 States of America to Greece. MARK J. SWAYNE, 0000 JOHN M. WEEKS, 0000 Tom McDonald, of Ohio, to be Ambassador ANDREW W. SWENSON, 0000 ERIC F. WEILENMAN, 0000 Extraordinary and Plenipotentiary of the JAMES S. SZERBA, 0000 EDMOND J. WEISBROD, JR, 0000 BRUCE H. SZYMANSKI, 0000 ERIC W. WEISEL, 0000 United States of America to the Republic of TERRY R. TAKATS, 0000 JOHN J. WELSH, 0000 Zimbabwe. SAMUEL L. TATE, 0000 DAVID E. WERNER, 0000 Mark Robert Parris, of Virginia, a Career WILLIAM R. TATE, 0000 JOSEPH R. WESSLING, 0000 JOHN N. TAVENNER, 0000 RANDAL T. WEST, 0000 Member of the Senior Foreign Service, Class MICHAEL J. TAYLOR, 0000 TIMOTHY J. WEST, 0000 of Minister-Counselor, to be Ambassador Ex- RICK T. TAYLOR, 0000 EDWARD J. WHALEN, 0000 traordinary and Plenipotentiary of the TARL W. TAYLOR, 0000 WILLIAM W. WHEELER III, 0000 RICHARD L. TEETER, 0000 GEORGE N. WHITBRED IV, 0000 United States of America to the Republic of THOMAS R. THIEN, 0000 ALAN A. WHITE, 0000 Turkey. CHRISTOPHER K. THOMASSY, 0000 JAMES A. WHITE, 0000 EUGENE G. THOMPSON, 0000 ALMUR S. WHITING III, 0000 FEDERAL COMMUNICATIONS COMMISSION JEREMY S. THOMPSON, 0000 BRIAN D. WHITTEN, 0000 William E. Kennard, of California, to be a RITCHARD R. THOMPSON, 0000 FRANK D. WHITWORTH, 0000 STEPHEN M. THOMPSON, 0000 DANIEL B. WIDDIS, 0000 Member of the Federal Communications JOHN D. THORLEIFSON, 0000 STEVEN J. WIEMAN, 0000 Commission for a term of 5 years from July ROBERT F. THORNHILL, JR, 0000 CLIFFORD M. WILBORN, 0000 1, 1996. JOHN A. TIGANI, JR, 0000 ANDREW J. WILLIAMS, 0000 MICHAEL A. TLUCHOWSKI, 0000 HAROLD E. WILLIAMS, 0000 The above nominations were approved sub- THOMAS TOMAIKO, 0000 PAUL M. WILLIAMS, 0000 ject to the nominees’ commitment to re- PAUL J. TORTORA, 0000 STEVEN M. WILLIAMS, 0000 spond to requests to appear and testify be- ROBERT P. TORTORA, 0000 THOMAS G. WILLIAMS, 0000 ARTHUR F. TRAHAN, JR, 0000 ELMER L. WILSON, 0000 fore any duly constituted committee of the BAOQUOC TRANTHIEN, 0000 ERIN A. WILSON, 0000 Senate.

VerDate Mar 15 2010 22:29 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\1997SENATE\S29OC7.REC S29OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 29, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2111 EXTENSIONS OF REMARKS

FIGHTING THE SCOURGE OF 70% to 80% of those arrested in New York lies, community groups and neighborhoods DRUGS City each year test positive for drug use. to deteriorate. If we in fact educated the 60% of the cocaine and heroin consumed by present generation of drug abusers, we can the entire nation each year is consumed by re-educate them and educate the future gen- HON. NEWT GINGRICH individuals arrested in that same year. erations to the realistic and powerful dan- OF GEORGIA Substance abuse and addiction costs New gers of drug use. IN THE HOUSE OF REPRESENTATIVES York City more than $20 billion every year, NEW YORK CITY INITIATIVE: ‘‘ACCOUNTABILITY’’ with $21 out of every $100 in taxes paid to Understanding that the drug problem is Wednesday, October 29, 1997 New York City subsidizing the consequences one of international dimensions, we in New Mr. GINGRICH. Mr. Speaker, I want to en- of substance abuse and addiction problems. Over 70% of our nation’s prison population York City are going to do what we can to ad- courage my colleagues to read the following dress our local problem with the expectation speech by Mayor Rudolph Giuliani. Mayor are substance abusers. 60% to 70% of substance abusing parolees that by removing drugs from our neighbor- Giuliani's statement is an excellent example of who do not receive treatment while on pa- hoods and our schools, we will become a how our country's leaders need to be bold and role return to drugs and criminal conduct model for other cities, states and the entire aggressive in fighting the scourge of drugs. within three months of their release. nation. Only then will we have fair claim to We have lost too many battles due to the apa- At least 30,000 or 71% of children in foster ask foreign countries who supply drugs to thy of leaders loaded with excuses. It is time care in our City alone have at least one par- the United States to limit production of ent who was a substance abuser. these disastrous crops. to engage the enemy. It is time to win the war: The underpinning of any comprehensive FIVE POINT NATIONAL DRUG PROGRAM REMOVING DRUGS FROM OUR NEIGHBORHOODS drug strategy is one of accountability for AND SCHOOLS Our drug problem requires the commit- government at all levels and for all individ- ment of every level of government and needs (By Mayor Rudolph W. Giuliani) uals. Law enforcement, treatment and pre- to be approached with the recognition it is a vention/education efforts are primarily the As we move toward the new millennium, global matter. Some of our drug program we as New Yorkers can take pride in the fact responsibility of local government and it originates abroad. Production of cocaine and must be held accountable for major improve- that our great City has regained its true heroin occurs beyond our borders, but the stature as the Capital of the World. Our ments in these areas with State and Federal international criminal industry which orga- governments assuring the provision of re- crime rate is at levels not witnessed since nizes and markets it thrives, as with any the 1960s, tourism in the City is at historic sources to support these efforts. In addition, business, on the simple economic principles the Federal government must be held ac- levels and our streets and parks are the of supply and demand. cleanest in recent memory. countable for its anti-drug efforts in the For nearly twenty years, I have advocated areas of foreign policy and border interdic- Four years ago, few would have dreamed, for a five point national program aimed at much less believed that these strides were tion. our drug problem—five points which now As government becomes more accountable possible. In fact, New York City, like other serve as the essential elements of the 1997 American cities, was essentially written off in these areas, it can demand that individ- National Drug Control Strategy. uals become more accountable. Those who as a symbol of urban decay. Yet we have First, the drug problem must be an inte- choose to take drugs and burden their proven the cynics wrong and shown what is gral part of our nation’s foreign policy. In friends, families and society with their ad- possible. We did it by refusing to accept the dealing with countries which are the origin diction must be held responsible to seek notion that had pervaded City government for heroin and cocaine—primarily Peru, Co- available treatment services. And those who for far too long—one of resignation and ac- lumbia and Bolivia—we must use our persua- choose to live off the misery of others by ceptance of the social and political problems sive abilities, power and foreign aid to con- that faced them. We saw these same prob- selling drugs must be punished. vince those governments to cooperate with With this underlying philosophy, our drug lems as a challenge to our creativity, our us fully in stopping these disastrous crops courage and our intelligence—challenges to strategy has at its core three essential ele- and trade. ments: Law Enforcement/Criminal Justice; do better and improve the situation for all Second, we must exercise more control Treatment; and Prevention/Education. New Yorkers. over our nation’s borders. The Drug Enforce- We recognized that the role of government ment Administration estimates that 70% of 1. Law Enforcement/Criminal Justice is to allow its citizens to live productive, ac- the illegal drugs reaching the United States Over the last several years, the New York countable lives so that they can realize the travel through Mexico with the majority of City Police Department has made dramatic promise of independence and the satisfaction the remainder passing through the Carib- strides in fighting drug activity in all of our of living in a democratic society. Just a few bean. In recent years, significant reinforce- City’s neighborhoods. Particular emphasis days ago I spoke at the John F. Kennedy ments have been committed to the south- has been placed on the two areas in our City School of Government and explained how the west border and significant efforts have been which are responsible for much of the City’s use of principles of accountability have made undertaken to disrupt the flow of drugs from drug related crime; namely Brooklyn North it possible for us to reduce crime, reform the Caribbean. And I am heartened by the and Northern Manhattan. In April 1996, over welfare, restore jobs and improve schools. significant resource commitment in the Fed- 500 uniformed personnel were assigned to the We must now use that same philosophy, eral Fiscal Year 1998 Appropriations Bill to Strategic and Tactical Command (SATCOM) creativity and commitment to confront our continue and augment these efforts. in Brooklyn North and one year later we un- biggest problem today, namely, drug abuse. Third, domestically the general rule must dertook a similar initiative in three pre- Removing drugs from our neighborhoods be established and it must be quickly learned cincts in Northern Manhattan with the as- and our schools may sound like an in the streets that if you sell drugs and are signment of over 350 uniformed officers to unreachable and perhaps unrealistic goal— convicted you will go to prison. We must that area. but many said the same thing about the make those who traffic in the destruction of In addition to murders being reduced by goals we set for ourselves four years ago in human life realize that in exchange for big 60% in the first six months of this year com- the areas of crime, welfare, jobs and edu- profits, they are taking a big risk. pared to the same period in 1993 and cation to name a few—and we proved them Fourth, we must put emphasis on enhanc- shootings and shooting incidents down by wrong. ing present drug treatment programs and over 60% in that same period, the Police De- The fact is that we cannot turn our back improving those programs. Even if the suc- partment’s combined drug strategies have on this ever growing problem and we must cess rate is no better than 30 or 40%, that is had a tremendous impact on drug activity. resolve to challenge ourselves to address it. better than no success at all. Reversing the previous Administration’s pol- Without such a resolve we will only continue Fifth, and most importantly, we must edu- icy of deterring uniformed police officers to bear the burdens of drugs, their attendant cate our young people and our society about from making drug arrests, the Police Depart- violence, their enormous cost to society and the dangers of drug abuse. In my view, we ment in 1996 made an all-time high number the lost and wasted lives. educated our present generation of drug of drug arrests [101,051 arrests]—exceeding FACTS OF SUBSTANCE ABUSE abusers. We did it in the schools and on tele- the previous record year of 1989, the height Substance abuse affects literally every as- vision, we did it in our music and our mov- of the Department’s TNT program [94,887]. pect of our lives—it detracts from our qual- ies, we did it in the role models we presented In addition, the Police Department re- ity of life, our economy, our children’s edu- to our young people, five, ten, fifteen and corded a 51% increase in drug seizures in 1996 cation, our very well being. twenty years ago, we did it by allowing fami- when compared to 1993 [17,377 lbs vs. 11,475

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E2112 CONGRESSIONAL RECORD — Extensions of Remarks October 29, 1997 lbs] and a 116% increase in drug currency sei- their probation and/or have outstanding war- substance abusing inmates released from zures in that same period [$68,927,762 vs. rants against them. Rikers Island after successfully completing $31,970,963]. Activate 1–888–374–DRUG hotline.—And, treatment in jail. Studies have documented Building on these successes, our enhanced City residents will be encouraged to help in that post-release services to substance abus- anti-drug law enforcement efforts will focus our anti-drug efforts by reporting drug activ- ing inmates are critical to avoiding recidi- on drug activity in our neighborhoods and in ity in their neighborhoods to the Depart- vist behavior. and around our schools. ment’s new 24 hours, seven day a week hot- Expand Probation residential and out-pa- Neighborhoods line, 1–888–374–DRUG. tient drug treatment programs for substance abusing probationers.—The Department of Anti-drug initiatives in the South Bronx SCHOOLS Probation will double its current residential Critical to our anti-drug efforts is the need and Southeast Queens.—The first law en- drug treatment capacity to serve 360 proba- to focus on our schools to ensure that our forcement component will be the implemen- tioners annually—up from 180. And its out- children are educated in a drug-free environ- tation of two additional drug enforcement patient drug treatment capacity will be in- ment so that they can learn, develop and initiatives modeled after the two already in creased from 890 to 965. These programs have participate in all that New York City has to operation. The new initiatives will target impressive success rates with participating offer. To do this, we must make our govern- neighborhoods in the South Bronx and in- probationers successfully completing the ment, our schools and our parents account- clude 40th Precinct [Mott Haven], the 41st terms of their probation sentence at a 35% able for keeping our children off drugs. We Precinct [Hunts Point] and the 43rd Precinct higher rate than probationers who did not have already made significant strides in re- [Soundview]; and neighborhoods in South- take part in drug treatment programs. east Queens and include the 103rd Precinct ducing drug activity in our neighborhoods Implement Manhattan Drug Court for 300 [Jamaica] and the 113th and 105th Precincts and our schools and we now are in a position drug abusing defendants.—Later this Fall, [South Jamaica]. These initiatives will in- to expand our successful initiatives to arrest the City, working in cooperation with the volve the assignment of over 1,000 uniformed and prosecute those who sell drugs to our court system and the Special Narcotics Pros- personnel and, following training of half the children. ecutor, will be opening a Drug Court in Man- Substantial Increase in Drug Free School assigned personnel, will begin phased-in op- hattan to complement the Drug Court cur- Zones and Safe Corridor Program.—Under- eration in the first week of November. Full rently operating in Brooklyn. Participating standing the need to reinforce the message operation of both initiatives is scheduled for defendants agree to take part in an intensive that those who sell drugs to our City’s youth the last week in December. 18 month drug treatment program in ex- will be severely punished, the Department As with its two current drug initiatives, change for reduced criminal charges, and are will increase by two and a half times its cur- the Department anticipates that targeted monitored daily by case management court rent drug free schools zone program from 40 drug enforcement in theses areas will not staff who provide regular reports to the to 100 schools. Anyone caught selling drugs only reduce crime in these precincts over the judge. The court is expected to target 300 within 1,000 feet of school grounds will be reductions experienced to date, but also have non-violent drug abusing defendants annu- faced with enhanced felony penalties. a similar impact throughout the City since ally. An independent study of the Dade The Department will also double its Safe these precincts are hubs of drug activity for County Drug Court reported that only 3% of Corridor program to involve 240 schools to other areas in the City and the adjacent sub- the participating defendants were re-ar- provide youth with extra police protection urbs. rested within one year of their completion of upon their arrival and release from school as Accelerate hiring of 1,000 of the 1,600 police the program—an impressive record when one they walk from and to nearby bus and sub- recruits scheduled for the July 1998 class to considers that over 30% of similarly situated way stops. December 1997.—In order for these new drug defendants were re-arrested in that same pe- initiatives to be fully staffed without drain- Establish a curfew program for 1,000 drug offending juvenile probationers using beeper riod. ing our current precinct resources, I have di- The City will pursue additional Federal and voice tracking technology.—The Depart- rected that 1,000 of the 1,600 police recruits funds to allow for Drug Courts to be opened ment of Probation will similarly begin a pro- currently scheduled for the July 1998 class be in the Bronx, Queens and Staten Island. And, gram designed to target 1,000 juvenile proba- hired and commence Police Academy train- I applaud Chief Judge Judith Kaye’s commit- tioners with court-imposed curfews as a re- ing in December 1997 following the gradua- ment to open a Drug Court in Manhattan sult of a drug offense. Using state-of-the-art tion later this Fall of over 1,300 recruits cur- Family Court next month and encourage the tracking and beeper technology, probation rently in the Academy. These new officers opening of similarly programs in the City’s officers will monitor the juveniles’ activities and recruits will ensure that the Police De- other four Family Courts. partment has the resources needed to main- and curfew compliance on a 24 hour basis. Establish Drug Treatment Coordinator Place Board of Education drug specialists tain the historic declines in crime we have Unit—a citywide database on treatment pro- in each Family Court.—The Board of Edu- enjoyed over the last three and a half years. grams and an 800 number for information on cation will also be given resources to assign Implement Drug Free Zone in Washington available services.—The prevailing wisdom substance abuse specialists in each of the Square Park by targeting drug sellers on among the drug policy experts in that less City’s Family Courts. These specialists will probation for dealing drugs in the Park.—As than 25% of substance abusers ever seek act as a liaison between the juvenile justice part of this strategy, we will immediately treatment—in fact, contrary to popular opin- system and the school system to ensure that make Washington Square Park a drug free ion the State and City funded drug treat- drug offending juveniles are appropriately zone. Washington Square Park should not be ment slots in the City do not have waiting placed in services within the school-based a symbol of freedom from accountability. lists of persons seeking treatment. As a Jan- program and/or referred to appropriate com- The Park has been plagued with repeat mis- uary 1997 snapshot of these residential and munity based services. demeanor drug sellers—one of these offend- outpatient programs drug treatment pro- ers had been arrested no less than 75 times 2. Treatment grams in the City demonstrated, less than for misdemeanor drug selling in the park. Given the fact that overwhelming numbers 95% of the available treatment resources Because of lax State laws in dealing with re- of persons arrested and imprisoned each year were being utilized. Substance abusers must peat misdemeanor drug sellers—laws I have have some form of substance abuse problems and will be held accountable for seeking sought to strengthen—these repeat offenders and that those same individuals consumed treatment or face the consequences of their face short jail terms and/or probationary over 60% of the nation’s cocaine and heroin, actions. Unless abusers seek treatment, they sentences. The Department of Probation and it makes all the sense in the world that we will run the risk of being arrested. Regard- the District Attorney’s Office will urge provide appropriate treatment services in less of who you are, where you live, and judges who sentence these offenders to pro- the criminal justice system. In fact, treat- there you work, if you’re a substance abuser, bation to also place conditions on the offend- ment models already in place in the criminal seek treatment now or run the risk of going er’s probation requiring him or her to stay justice system here in New York City and in to jail. The choice is yours. out of the Park. If found in the park, the of- other jurisdictions have shown promising re- In order to ensure that those seeking fender’s probation will be revoked and he or sults in reducing both drug dependency and treatment have the information regarding she will immediately be placed in jail. recidivism. available programs in or near their commu- Implement Operation Night Light with 50% increase in DOC substance abuse treat- nities. I am creating a Drug Treatment Coor- NYPD and Department of Probation ment beds and implement pilot project to dinator unit within the Mayor’s office with targeting Substance Abusing Adult Proba- create linkages to community-based pro- the responsibility of developing an on-line tioners.—A new initiative called Operation grams for substance abusing inmates re- database of all available drug treatment Night Light will also be implemented by the leased from Rikers Island.—To this end, the services in the City. The system will be de- Police and Probation Departments. This ini- Department of Correction will be given re- signed to track on a daily basis the capacity tiative, modeled after a successful program sources to increase by 50% the number of of the programs and allow the unit to make in Boston targeting juvenile probationers, drug treatment beds available in the Depart- referrals to appropriate programs. A 1–800 involves the assignment of 21 probation offi- ment’s Substance Abuse Intervention Divi- number will also be established to this unit cers to teams in police precincts which tar- sion—from 1058 to 1558 beds. And, the Depart- so that substance abusers can access this in- get adult probationers with court imposed ment will implement a pilot program to con- formation at any time. curfews to ensure compliance, as well as pro- tract with community based residential Implement a Joint Program with ACS and bationers who have violated conditions of treatment services to provide services for HHC to provide Drug Treatment Services for October 29, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2113 Mothers with Children in Foster Care.—Rec- youth so as to expose them to positive role State Anti-Drug Agenda ognizing that 71% of the children in foster models and encourage their development in Pursue State legislation to increase pun- care have at least one biological parent who successful careers. Mentoring programs, such ishment for repeat drug misdemeanors; to is a substance abuser, the Administration for as Big Brothers/Big Sisters, have positive re- toughen driving requirements for young Children Services (ACS) will team up with sults—one study reporting that mentored adults; to create a rebutable presumption of the Health and Hospitals Corporation (HHC) youth are 46% less likely to become involved neglect when infants are born with a ‘‘posi- to implement a program designed to offer in drug use than other youth. tive tox’’; and to provide for civil commit- substance abuse treatment services to moth- Implement Drug Prevention Youth Initia- ment of repeat violent substance abusers.— ers whose children have been placed in foster tive in Public Housing and Establish an On the State level, I will continue to pursue care. ACS expects to motivate them to par- Anti-Drug Parent Network Program.—Mod- tougher laws dealing with repeat mis- ticipate in treatment services which will be eled after its new Partner in Reading pro- demeanor drug offenders—requiring those provided by HHC. The progress which these gram, the Housing Authority, working with who engage in their third or more mis- mothers make in treatment will be made my office, will implement an after-school demeanor drug sale to automatically face known to the Family Court on a regular drug prevention program aimed at youth in felony charges. And I will continue to sup- basis. our City’s public housing developments. The port legislation to prevent teenagers who are Report of Recommendations for Expansion program will work in conjunction with the found to have operated a motor vehicle while of Existing and/or Creation of new Treat- Authority’s current youth mentoring pro- under the influence of alcohol or drugs from ment Programs.—I have also directed my grams and will be designed to engage the obtaining a driver’s license until the age of Special Health Advisor, Dr. Rosa Gil, and my youth in structured activities and events on 18—as well as long needed legislation for a Commissioner of the Department of Mental bi-weekly basis to make them aware of the rebutable presumption of parental neglect in Health, Mental Retardation and Alcoholism dangers of drugs and how to avoid drug use. cases in which babies are born with a ‘‘posi- Services, Dr. Neil Cohen, to undertake an ex- Working with the Board of Education and tive tox’’; and authorization for long term tensive review of the various drug treatment the Parent Associations in each of the public civil commitment of persons with known programs throughout the City, whether schools, we will also undertake an effort to substance abuse problems that result in vio- funded with City, State or private dollars, implement an Anti-Drug Parent Network lent behavior. and to report back to me within 45 days with Program. The program will be designed to recommendations for expansion of exiting make parents aware of the dangers of drugs, Expand drug treatment in State prisons programs and the development of new and available drug counseling services in their and for parolees and provide increased re- creative approaches to substance abuse. I am neighborhoods and the tell-tale signs of drug sources for drug treatment programs in New particularly interested in treatment models use in their children. The program will fa- York City.—I have also consulted with Gov- which have proven results in ending drug and cilitate the distribution of drug information ernor Pataki and expect to work with him to substance dependency. Viable treatment pro- pamphlets to parents of school aged children, expand drug treatment services in the State grams should instill in its participants the sponsor anti-drug forums and fairs, and im- prison system and those provided to parol- principle of personal accountability and give prove the coordination of drug counseling ees—an investment in drug treatment is a them the skills and tools they need to be- and treatment services available through the wise one. I will also seek additional State come productive and self-reliant individuals, public schools. funding for drug treatment programs in our rather than continuing them on a depend- Sponsor a Citywide Clergy Anti-Drug City understanding that our increased law ency. Forum in the next three months.—Within enforcement efforts will undoubtedly in- 3. Prevention/Education the next three months, my office will spon- crease the call on existing resources. The most important aspect of a successful sor a Clergy Anti-Drug Abuse Forum. The Federal Anti-Drug Agenda anti-drug strategy is prevention and edu- forum will bring together leading members Amend Crime Bill to allow monies for jail cation efforts aimed primarily at our youth. of our City’s diverse religious communities drug treatment and to assistance for NYPD A recent study indicated that if a young to focus on and discuss the City’s drug prob- anti-drug initiatives.—On the Federal level, I person is successful in avoiding drug use by lem. A strategic action plan will be devel- will continue to call for a foreign policy the time they reach the age of sixteen, he or oped of initiatives which the City’s clergy which provides priority focus on our nation’s she will more than likely avoid the dangers can implement to enhance and expand on the drug problem and for enhanced resources for of substance abuse in the rest of his or her City’s anti-drug agenda. border interdiction efforts. In addition, I will life. We must seize upon this promising data Pro Bono Multi-Media Anti-Drug Cam- seek Federal assistance for our successful and resolve to continually reinforce for our paign.—I am proud to announce that McCann anti-drug law enforcement initiatives as was children, in school, at home, in society as a Erickson, one of our major advertising agen- provided in the Department’s Northern Man- whole that drug use is dangerous and deadly. cies, has agreed to provide pro bono services DARE Program.—Last year, the New York to develop and implement a multi-level anti- hattan initiative, and I will seek changes in City Policy Department and the Board of drug media campaign with the goal of deter- the Federal Crime Bill to allow local jail sys- Education launched the nationally ac- ring drug use. tems, not just State prison systems, to di- claimed DARE program in our city’s public Engage businesses in anti-drug program.— rectly receive funds to expand substance school system. Over 100 specially trained po- I challenge all of the City’s small, medium, abuse services to inmates and as well as pur- lice officers teach kindergarten through 6th and large businesses to similarly pledge sue increased resources for Drug Courts. graders about the dangers of drugs use as their resources to this effort and, to this end, Similarly, increased resources will be well as build the students’ self esteem so we will reach out to our business community sought from the Federal government to fund they are capable of resisting peer pressure to to encourage it to develop programs and pro- additional treatment services for substance engage in drug use. We will be providing vide resources to encourage our City’s youth abusers in New York City. And, finally, I will extra resources to the DARE program to to avoid drugs—whether it be in the form of continue my efforts in urging Congress to augment the program activities. free movie passes to youth who participate appropriate Crime Bill funds for prevention Expand DARE and GREAT program to in after drug prevention school programs, or programs authorized under the Crime Bill, after-school hours.—The Department will the sponsoring of little league baseball, bas- including after-school sports activities, com- also be given the resources necessary to ex- ketball or soccer leagues—all intended to en- munity anti-drug programs and youth pand the DARE program to after-school gage our City’s youth in productive and safe mentoring programs. hours and couple it with the Gang Resist- activities. CONCLUSION ance Education Assistance Treatment or Develop Standards for Measuring the Drug GREAT Program. Both these programs fos- Program’s Impact.—These are a few of the Drug use is one of the nation’s most dif- ter greater understanding among youth as to many initiatives which I am committed to ficult and complex problems, but I refuse to the dangers of drugs and gang activity while implement in the coming months, with the accept the notion that somehow it is beyond at the same time providing structured ac- full understanding that as with our crime- our reach and we must resign ourselves to it. tivities between young and police officers. fighting strategies it will require continuous We must also refrain from the notion that Expand BEACON schools by 24% from 41 to monitoring and relentless follow-up so that unless we win unconditionally, we have 51 schools and provide funding to expand we can be sure that what we are doing is failed. This is not a problem that developed mentoring programs.—I have also directed working and to determine what more needs overnight and we will not solve it overnight, that the number of BEACON schools operat- to be done. We need to apply the same man- but we can begin to put in place a strategy ing throughout the City to provide after- agement strategy in place in the Police De- such as the one I outlined today with realis- school and evening activities for youth and partment for assessing, tracking and mon- tic steps to reduce its toll on our neighbor- community residents be expanded by 10 from itoring our City’s crime rate, to our drug hoods and our schools. First steps always 41 to 51 schools—a 24% increase. Statistics program. To this end, a monitoring/research lead the way to major breakthroughts. By demonstrate that youth who participate in unit will be created in my office and charged applying the principles of accountability, as BEACON school programs have higher read- with the responsibility of developing appro- we did in our successful strategies to reduce ing and math scores than their peers. priate measurements for how best to meas- crime, reform welfare, restore jobs and im- And funds will be allocated to expand suc- ure our success and to apply those measure- prove schools, I am confident that we will cessful mentoring programs for our City’s ments against our progress. succeed. E2114 CONGRESSIONAL RECORD — Extensions of Remarks October 29, 1997 EMERGENCY STUDENT LOAN couple of years is the increase in funding from clients who have complex and interconnected CONSOLIDATION ACT OF 1997 narcotics trafficking. This has enabled both needs. guerrilla elements to effectively quadruple their Currently there are 30 Centers for Inde- SPEECH OF power base over the past 7 years so that it is pendent Living throughout California, and over HON. BILL LUTHER now estimated that they control up to 40 per- 300 throughout the country, which are mod- OF MINNESOTA cent of the territory of Colombia. eled after the Center for Independent Living in IN THE HOUSE OF REPRESENTATIVES It is clear that the leaders of the FARC and Berkeley. The services that it offers include advocacy, attendant referral, blind services, Tuesday, October 21, 1997 ELN have resisted all overtures by the Gov- ernment of Colombia to end the violence and deaf services, employment services, peer sup- Mr. LUTHER. Mr. Speaker, I support H.R. establish peace. With nearly 70,000 people port services, youth services, services for peo- 2535 because I am very concerned that our dead as a direct result of the guerrilla war in ple with mental disabilities, independent living higher education graduates are in need of the last decade, it is past time to find a solu- skills information and referral, a client en- greater assistance as they consolidate their tion to this crisis. As reflected in the recent hancement and empowerment project, and student loan debts after graduation and begin municipal elections, the campaign of the housing. Berkeley's Center for Independent the process of repayment. FARC and ELN now present a direct threat to Living has increased the quality of life for Currently there is a backlog of between the very democracy of Colombia and stability thousands of people with disabilities, inde- 80,000 to 86,000 student loan consolidation to the region. pendent living has increased the quality of life applications at the U.S. Department of Edu- In response to the critical situation in Co- for thousands of people with disabilities lo- cation. Graduates need this tool to effectively lombia, I am introducing legislation that would: cally, nationally, and internationally, and was manage school debt, while at the same time First, recognize the importance of the threat involved in the passage of the 504 Act of embarking on their careers and often starting of the guerrilla movement to Colombia's de- 1973, State title XXIV, and the Americans families. The consolidation program was en- mocracy and that the acts of violence to dis- With Disabilities Act of 1990. acted originally in 1993 as an initiative of the rupt the electoral process in the municipal The Center for Independent Living has Clinton administration. The concept was good elections could spill over to the congressional brought national and international attention to then, and it's good now, and with H.R. 2535, and presidential elections to be held in 1998; the state of California and the Nation as a borrowers will be able to consolidate their Second, urge the guerrilla leaders of the leader in assuring access to people with dis- loans with guarantee agencies and private FARC and ELN to end the violence and sever abilities, I commend the Center for Independ- lenders. their relationship with narcotics traffickers; ne- ent Living for all its hard work, dedication, and I want to thank subcommittee Chairman gotiate a peace accord with the Government commitment to our community as well as to MCKEON and ranking member KILDEE for of Colombia and to take their agenda into the the Nation. bringing this legislation to the floor in a timely political arena for debate; f fashion. I'm also pleased with the bipartisan Third, call upon the international community, INTRODUCTION OF A BILL TO EN- approach to this issue. Helping people attain a particularly the Organization of American higher education, and providing support for the COURAGE THE SALE OF LARGE States, to continue to play a more pro-active PLEASURE BOATS repayment of the debt accumulated in the pur- role in resolving the conflict; and suit of that education, is a shared goal. Again, Fourth, urge the administration to reevaluate HON. E. CLAY SHAW, JR. thanks to all involved in this effort, and I urge United States policies toward Colombia taking OF FLORIDA my colleagues to support this important legis- into account the threat of the guerrilla move- IN THE HOUSE OF REPRESENTATIVES lation. ment to Colombia's democracy, and to en- f courage a peaceful resolution of the conflict. Wednesday, October 29, 1997 DEMOCRACY IN COLOMBIA Mr. Speaker, Colombia's democracy is one Mr. SHAW. Mr. Speaker, today I am intro- of the oldest and most important democracies ducing a bill that would greatly enhance the HON. ELTON GALLEGLY in the hemisphere. It is critical for the stability international yachting industry in the United OF CALIFORNIA of the hemisphere that this guerrilla move- States. Most people are unaware how the sale or IN THE HOUSE OF REPRESENTATIVES ment, like all the others in the region, come to an end. Peace, political stability, and eco- even the mere presence of large foreign- Wednesday, October 29, 1997 nomic prosperity must be given the highest owned pleasure boats docked at a domestic Mr. GALLEGLY. Mr. Speaker, on October priority for all nations. port contributes to the local economy. A single 26, 1997, Colombia attempted to conduct na- f large luxury boat can literally pump tens of tionwide municipal elections despite the dead- thousands of dollars into the local economy a ly impact of guerrilla scare tactics on voter HONORING THE CENTER FOR month. For example, the cost of supporting a turnout and candidate participation. The mu- INDEPENDENT LIVING crew, docking fees, boat repairs, supplies, and nicipal elections in Columbia were marred by other related expenditures while the boat is a brutal campaign of violence, kidnaping, and HON. RONALD V. DELLUMS moored at a domestic marina all help the extortion carried out by the guerrilla move- OF CALIFORNIA economy and create jobs. Attracting these ments of the Revolutionary Armed Forces of IN THE HOUSE OF REPRESENTATIVES types of vessels to our shores is therefore Colombia [FARC] and the National Liberation beneficial to the economy. In fact, in my con- Wednesday, October 29, 1997 Army [ELN]. While the electoral process may gressional district, a significant segment of the have succeeded in the urban areas, the lack Mr. DELLUMS. Mr. Speaker, I rise today to local economy is based on the recreational of participation in the rural sectors reflects the celebrate the Center for Independent Living's boating trade and its attendant services. serious threat to the democratic process 25th anniversary. It is appropriate at this time Unfortunately, current law and customs reg- posed by the guerrilla war. to highlight its many achievements and to un- ulations as applied to large yachts have the Through the deadly efforts of the FARC and derscore the positive impact that it has made unintended consequence of discouraging the ELN, 40 political candidates were murdered; in the local community. sale of these vessels domestically. This is pri- over 1,900 candidates were forced to abandon The Center for Independent Living, the first marily for two reasons. First, when the yacht their campaigns; nearly 120 municipalities had of it's kind, was established in 1972 for the is imported into the United States for sale, the candidates reluctantly running; and 11 munici- purpose of allowing people with disabilities to duty must be paid immediately, whether the palities had no candidates at all. The situation live independently, to attain their productive yacht is eventually sold or not. This require- continued to deteriorate during the week be- potential, and to participate fully in all aspects ment is onerous for the yacht seller, because fore the elections when FARC and ELN terror- of society. Throughout it's history, the Center if the yacht is not sold, he or she cannot get ist activities escalated into a national crisis for Independent Living has played a pioneer- a timely or full refund of the duty. This is due with the kidnaping of international election ob- ing role in advocating architectural changes to to the lengthy procedureÐ9 months to a servers from the OAS and a declaration of an make the community more physically acces- yearÐthat the Customs Service administrative armed strike in order to impede public trans- sible, instructing in techniques of independent process takes. If the value of the yacht ex- portation during the crucial time of the elec- living, and offering a core of essential serv- ceeds $1 million, the loss of funds to the seller tions. ices. This comprehensive package of services can be quite substantial. Largely responsible for the escalation of to help people with disabilities is offered in the Second, there is an old maxim among boat- FARC and the ELN activities over the last belief that it is the most effective way to serve ers that ``every boat is for sale.'' Consider this October 29, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2115 scenario: a foreign boatowner enters U.S. wa- I know my colleagues will join me today in many of my colleagues have joined me as co- ters, without intending to sell his or her boat. wishing Dr. Rose, his wife, Ginny, and his chil- sponsors. It is also endorsed by the Paralyzed An interested buyer propositions the foreign dren, Cathy, Tom, and Jim our warmest wish- Veterans of America, Disabled American Vet- owner, and informal negotiations ensue. Once es as he takes on this new and challenging erans, Wheeling Sportsmen of America, Safari the owner of the foreign boat offers the vessel responsibility. Club International, Wildlife Management Insti- for saleÐand this sometimes can be a gray f tute, the Congressional Sportsmen's Founda- areaÐif a duty has not been paid on the boat, tion, and the International Association of Fish THE DISABLED SPORTSMEN’S it can be immediately seized by the Customs and Wildlife Agencies. ACCESS ACT Service. While such actions by the Customs Mr. Speaker, I encourage all of my col- Service are rare, this policy has a chilling ef- leagues to support this legislation. fect on potential foreign boat sellers interested HON. RANDY ‘DUKE’’ CUNNINGHAM f in entering the country because they are fear- OF CALIFORNIA ful their boats will be seized and impounded IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO ADEA JUNIOUS AND even if they casually talk to someone inter- Wednesday, October 29, 1997 JESSICA FISHER ested in purchasing their boat. To avoid this Mr. CUNNINGHAM. Mr. Speaker, I rise risk, some of these sellers conclude the sale today to introduce the Disabled Sportsmen's HON. NEWT GINGRICH of the boat offshore, where no duty is paid Access Act. This legislation will expand oppor- OF GEORGIA and no economic benefits are realized for the tunities for sportsmen with disabilities to hunt IN THE HOUSE OF REPRESENTATIVES local economy. and fish on Department of Defense facilities. Wednesday, October 29, 1997 My bill would remedy this problem by defer- In addition, this legislation allows the Depart- ring payment of the duty on large pleasure ment to work with private organizations to con- Mr. GINGRICH. Mr. Speaker, today I would boats until after the sale has been con- struct facilities and operate programs for like to commend two young ladies from Smyr- summated. In order to ensure that the duty is sportsmen with disabilities. na, GA, who recently displayed an enormous paid when the boat is sold, the foreign seller This legislation is based on a program run amount of personal character. would be mandated to post a bond, the value at nearby Marine Corps Base Quantico, VA. Adea Junious, 13, and Jessica Fisher, 14, of which would be twice the amount of the This program, run by Lt. Col. Lewis Deal, is found more than $17,000 in a bag at a local duty. Because the value of the bond would be one of the Nation's most successful disabled Kmart. With both girls coming from financially twice the duty on the boat the Federal Gov- hunting programs. With the help of volunteers struggling families, there was a natural temp- ernment would be virtually guaranteed of re- and donated materials, Col. Deal has built tation to keep the money for college tuition, a ceiving its duty. Moreover, I have narrowly tai- eight permanent disabled accessible blinds for new car, or even a shopping spree. lored this legislation so it applies only to large deer hunting. All eight of these are in use dur- Adea and Jessica, however, resisted that pleasure boats that are intended to be sold at ing both gun and bow seasons. These struc- temptation and did the right thing. They turned domestic boat shows. I am hopeful this provi- tures are mini decks built on high ground look- the money in to the store's manager, who then sion has the effect of not only promoting ing down a slope where game walks below. called the police. America's boat showsÐwhich are among the For these decks to be successful, it is impor- ``We thought someone had lost their life largest and best in the worldÐbut also ensur- tant that they are constructed large enough for savings,'' Adea said. ``We didn't think anyone ing the sale of these boats occur in an orderly a wheel chair to turn around on and camou- would take that much money out of the bank setting. flaged from game. Once cleared pathways and go shopping at Kmart.'' Mr. Speaker, south Florida is the boating from the main access roads make them ac- ``Maybe they were going to use the money capital of the world. My bill helps make our cessible, these stands make hunting much to buy a house or for college,'' Jessica added. ports and boat shows more attractive to inter- easier for many sportsmen with disabilities. The police were able to track down the own- national yacht sellers. Because this type of In addition, Quantico is in the process of ers of the money, a Hispanic couple who had economic activity is highly beneficial to the constructing a fishing pier accessible for peo- intended to use that money to meet payroll of economy, I urge my colleagues to join me in ple with disabilities. This pier, designed by the their local business. supporting this legislation. Paralyzed Veterans of America, will be a Each girl was rewarded with a CD f model for everyone in America to use. They boombox, a $50 gift certificate, and a certifi- TRIBUTE TO DR. S. TIMOTHY ROSE will construct their pier with lowered railings, cate of appreciation for her good deed by the providing access for individuals to reach over, management of the Kmart on South Cobb and stops on the side of the pier to prevent in- Drive where the money was found. HON. JAY W. JOHNSON Additionally, the Friends of Smyrna Library OF WISCONSIN dividuals from falling off the sides. The Disabled Sportsmen's Access Act has dedicated to each girl a book focusing on IN THE HOUSE OF REPRESENTATIVES builds upon this program by encouraging the African-American characters. Each girl's book Wednesday, October 29, 1997 Department of Defense in managing its 30 mil- is inscribed with her name. Mr. JOHNSON of Wisconsin. Mr. Speaker, it lion acres of wildlands to provide improved ac- Personal strength, as exhibited by these is with great pride that I rise today to pay trib- cess for disabled individuals, when appropriate young ladies, is based on integrity, and it is ute to a gentleman from Appleton, WI, Dr. S. and within the military mission. This bill pro- one of the key pillars upon which American Timothy Rose. tects the primary purpose of our Nation's mili- civilization was founded. I am honored to rep- When the 139th annual session of the tary, the defense of our Nation. resent such fine upstanding citizens as Adea American Dental Association ended yesterday Our military installations offer numerous out- and Jessica. I hope that they will serve as role in San Francisco, CA, Dr. Rose became the door recreational programs and opportunities models for their peers. organization's new president. for both civilian and military personnel. How- f Dr. Rose has served 27 years in the Amer- ever, there has never been a concentrated ef- ican Dental Association, and has given his fort at Department of Defense facilities to pro- TRIBUTE TO STEPHAN SAEED leadership to a host of other member organi- vide access and opportunity for persons with NOURMAND zations, such as the Wisconsin Dental Asso- disabilities. ciation, the Outagamie County Dental Associa- While encouraging the Department of De- HON. JULIAN C. DIXON tion, the Midwest Society of Periodontics, and fense to give access to individuals with disabil- OF CALIFORNIA the Wisconsin Society of Periodontics. He has ities, this legislation allows the Department of IN THE HOUSE OF REPRESENTATIVES also served his Nation as a Major in the U.S. Defense to accept donations of money, mate- Wednesday, October 29, 1997 Army Dental Corps. rial, and volunteers for the construction of fa- But Dr. Rose's commitments do not simply cilities accessible to sportsmen with disabil- Mr. DIXON. Mr. Speaker, I am pleased to begin and end with dentistry. He has given his ities. Under this bill, the Department of De- rise today to recognize the accomplishments time to the Board of Directors of the Fox Alley fense can use volunteers and organizations of Mr. Stephan Saeed Nourmand, president of Arts Alliance, the Friends of Hearthstone, the that serve people with disabilities to construct the Beverly Hills/Greater Los Angeles Associa- Tri Park Development Corp. and the American facilities and operate programsÐat no cost to tion of Realtors [BH/GLAAR]. For the past Cancer Society. In addition, Dr. Rose is an the Federal Government. year, Saeed, as he is more affectionately elder in his church, Memorial Presbyterian The bipartisan Congressional Sportsmen's known by his friends and colleagues, has pro- Church of Appleton. Caucus has endorsed this legislation and vided exemplary leadership to BH/GLAAR, an E2116 CONGRESSIONAL RECORD — Extensions of Remarks October 29, 1997 organization representing a membership of ap- The CIVITAS volunteers are using adapta- kneading and pressing down on my stom- proximately 3,300 realtors throughout the tions of congressionally supported texts such ach.’’ One of them ‘‘squeezed my throat tight cities of Los Angeles, Beverly Hills, Culver as, We the People * * * the Citizen and the and pinched my nose shut.’’ A prison official ‘‘stuck a metal brace in my mouth, twisting City, Santa Monica, and West Hollywood. Constitution, Foundations of Democracy. it open so wide that the skin on the corners Saeed will be honored for his valuable con- Using these resources, the democratic proc- of my mouth ripped open.’’ The official then tributions to BH/GLAAR on December 5, 1997. ess taught in the United States is being ‘‘clamped a pair of metal pliers onto my As his presidency comes to an end, I believe spread abroad to facilitate a strong and edu- tongue, pulling it way out of my mouth be- that this is the perfect time to commend him cated democratic public. fore sliding a length of tubing into my esoph- for his outstanding service and contributions to Mr. Speaker, I wish to commend Joan Bea- agus.’’ Liu next had his stomach pumped full the greater Los Angeles real estate commu- ver for her dedication and commitment during of salt broth, after which ‘‘the floor was cov- nity. the CIVITAS at Bosnia and Herzegovina sum- ered with pools of blood’’ and ‘‘my mouth Prior to entering the real estate industry, mer training program. Her work is helping to was a numb and swollen mound of raw flesh.’’ Saeed received undergraduate and graduate achieve the overall objective of building de- There you have it in a nutshell: the central degrees from the State University of New mocracy in Bosnia and Herzegovina. problem confronting Sino-U.S. relations gen- York. For a period of time, he was manager f erally and this week’s Jiang-Clinton summit and a shareholder of Construction Concepts, in particular. China is a hideous, aggressive, Inc., a company which designed parking struc- JIANG ZEMIN CONQUERS AMERICA unapologetic despotism, and Jiang Zemin is tures. He holds a patent as the inventor of a China’s unapologetic despot-in-chief. Shall security system with Door Deadbolt Interlock. HON. GERALD B.H. SOLOMON the United States notice these facts and con- duct its China diplomacy accordingly? Or Saeed Nourmand has been in the real es- OF NEW YORK shall the United States largely ignore these tate profession for more than two decades. He IN THE HOUSE OF REPRESENTATIVES is the founder and sole shareholder of facts—since any commensurate response Wednesday, October 29, 1997 might threaten American corporate profits Nourmand & Associates, one of the premier in the Chinese market—and celebrate Jiang real estate firms in Beverly Hills, CA. Also very Mr. SOLOMON. Mr. Speaker, as President Zemin and his dictatorship as worthy and active in other aspects of the industry, he cur- Clinton and Jiang Zemin engage in their ful- valued players on the international stage? rently serves as a director and president-elect some lovefest this week, we would do well to Needless to say, we know the answer al- of the Beverly Hills Board of Realtors, director remember just who Jiang Zemin is and just ready—it has been official U.S. policy since of the California Association of Realtors, and what he represents. Bluntly, Jiang is a criminal 1994. During his pre-summit address last Fri- as a member of the National Association of tyrant who presides over one of the most inhu- day, Bill Clinton touched oh-so-delicately on Realtors. He is an active member of the Bev- man regimes in the world, which just happens the essential character of Jiang’s regime, ex- plaining it away as the product of China’s erly Hills Chamber of Commerce and the Bev- to be engaged in a massive, anti-American search for order in a time of profound erly Hills Economic Council. During his presi- arms buildup. The editorial board of the Week- change. America itself is not ‘‘blameless in dency of BH/GLAAR, he instituted and advo- ly Standard has brilliantly outlined this incon- our social fabric,’’ the president reminded cated for several legislative provisions to pro- venient fact, and I would like to submit their his listeners. And though we may disagree tect the rights of property owners in the Bev- editorial for the RECORD. with the Chinese about important matters, he advised, we must nevertheless cooperate erly Hills/Los Angeles area. JIANG ZEMIN CONQUERS AMERICA with them. Saeed is married to fellow outstanding real- Smooth, Western-style media skills do not torÐMyra Nourmand. The couple are the You can’t wrest much serious political co- come naturally to Chinese Communists. At a operation from people who ‘‘disagree’’ about proud parents of one daughter and two sons. press briefing here in Washington last something so basic as freedom, of course, and In addition to his business and family respon- Wednesday, a reporter asked Chinese em- administration spokesmen have for weeks sibilities, Saeed is an avid aquatic enthusiast, bassy propagandist Yu Shuning to summa- been careful to minimize practical expecta- pursuing his love of swimming, scuba diving, rize the intended theme of Jiang Zemin’s big tions for the summit. The Chinese may sign surfing, windsurfing, and jet skiing. U.S. tour. China’s maximum leader has an a few of those minor agreements they habit- Mr. Speaker, Stephan Saeed Nourmand has impressive series of photo-ops on his sched- ually violate as soon as the ink is dry, and made innumerable and valuable contributions ule: the U.S.S. Arizona Memorial in Hono- that’s about it. But in the narcotic inertia of lulu, Colonial Williamsburg, the White Sino-U.S. ‘‘engagement’’ diplomacy, sub- to the real estate industry. He is highly re- House and the Capitol, Independence Hall in spected by his peers in the industry, all of stance is not really the point. Mere manners Philadelphia, the trading floor of the New are the message. And the message, this week whom I know join me in saluting him. As he York Stock Exchange, and so on. What’s it as always, is ‘‘nice.’’ prepares to step down from the presidency of all about, Yu was asked, ‘‘What image does They will be nice to Jiang Zemin at the the BH/GLAAR, I am proud to join my fellow President Jiang want to create for himself at White House on Wednesday. He will get a 21- Angelenos in congratulating him on his excep- sites like Pearl Harbor and the Liberty gun salute and a state dinner and a concert tional service to the citizens of Los Angeles. Bell?’’ by the National Symphony Orchestra. He Yu was flummoxed by the Liberty Bell. will get all this ‘‘first-class’’ ceremony, ex- You've done an outstanding job, Saeed. Good Pearl Harbor and what, he wondered? Then luck to you and your family in all of your future plains someone from the National Security Yu needed help with the question itself: Council’s Asia office, because he is ‘‘the lead- endeavors. ‘‘What kind of image?’’ Right, the reporter er of a great nation who deserves to be treat- f persisted: ‘‘What kind of image would he like ed with respect and dignity.’’ to create for himself?’’ Pause, ‘‘I have al- They will be nice to Jiang Zemin at the AMERICAN TEACHERS IN BOSNIA ready said,’’ Yu finally responded, ‘‘Presi- Capitol on Thursday, where a breakfast ban- AND HERZEGOVINA HELP DE- dent Jiang will bring images to the United quet will be thrown for him behind the safe- VELOP SUPPORT FOR A DEMOC- States.’’ ty of closed doors. No China-related legisla- RACY AND FREE ELECTIONS Indeed, he will. There is, for example, the tion will reach the House or Senate floor this image of Wei Jingsheng in confinement at a week, the Republican leadership has prom- HON. BILL LUTHER Hebei-province concentration camp called ised. Candid debate about China policy, Newt the Nanpu New Life Salt Works. Though he Gingrich’s press secretary says, might ‘‘ap- OF MINNESOTA was recently passed over for the 1997 Nobel pear an insult’’ to their visitor. Can’t have IN THE HOUSE OF REPRESENTATIVES peace prize in favor of some hippie from Ver- that. Wednesday, October 29, 1997 mont, Wei remains the world’s leading pris- The National Park Service and Drexel Uni- oner of conscience, locked up all but six versity will be nice to Jiang in Philadelphia. Mr. LUTHER. Mr. Speaker, I am proud to months of the past 18 years for ‘‘illegal’’ ac- Former president George Bush and the CEOs recognize Joan Beaver, a resident of the Sixth tivism in behalf of democracy. Reliable de- of AT&T, Kodak, and IBM will be nice to District of Minnesota. Ms. Beaver has partici- tails of his current condition—he is said to Jiang in New York. Harvard University will pated in CIVITAS at Bosnia and Herzegovina, be gravely ill—are impossible to obtain. But be nice to Jiang in Cambridge; school offi- an intensive program held from August 1 we may fairly guess at the daily ordeal he cials tell the Los Angeles Times that the au- through August 17, 1997 designed to train and countless thousands like him suffer. dience for his scheduled speech there ‘‘has teachers from throughout Bosnia and The dissident Liu Qing was subjected to a been carefully ‘groomed and sifted’ to avoid lengthy prison term in the 1980s for the Herzegovina to educate students about living embarrassing confrontations.’’ The Boeing ‘‘crime’’ of publishing a transcript of Wei and Hughes corporations will be nice to in a democracy. Ms. Beaver was able to take Jingsheng’s 1979 show trial. At the end of a Jiang in Long Beach and El Segundo. part as one of 20 American educators as- brief hunger strike, Liu has since written, he This is what the Chinese want, more than signed to locations throughout the two war- was tied to a ‘‘special metal chair.’’ Other anything else. They want to be dealt with torn nations. prisoners ‘‘lifted my legs in the air while politely, as equals, people just like us, people October 29, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2117 you would be proud to take home to Mother. Equipment to develop deadly biological knowledge and nuclear weapons to states They are working hard to achieve this goal, weapons was sent to Iran. A Chinese-supplied that did not possess them. in their ham-fisted way. ‘‘We try to make factory that produces glass-lined equipment Three years later, U.S. intelligence discov- some PR job,’’ one Chinese ‘‘expert on the was opened earlier this year. ered that the China National Nuclear Energy United States’’ tells the Washington Post. 400 metric tons of chemicals used in pro- Industry Corporation, a Beijing-controlled And how depressing it is, nauseating even, ducing nerve agents and riot-control agents operation, had sold 5,000 ring magnets to to see elite America eagerly collaborate in were shipped to Iran last year. In May, sanc- Pakistan, which is trying to match India’s the construction of this spin—which is, at tions were imposed on seven Chinese compa- nuclear-weapon potential. Experts say that bottom, after all, a lie of gigantic propor- nies that sold chemical weapons goods and sale could increase Pakistan’s weapon capa- tions, Jiang Zemin, Time magazine tells us, equipment to Iran. bility by jumping its enriched-uranium ca- loves Benny Goodman, Mozart, and Elvis, Accelerometers and gyroscopes for missiles pacity 100 percent. too. He knows the Gettysburg Address by were supplied to Iran in 1996. The magnets are a product China sold to heart. He has ‘‘favorite American authors,’’ Furnace and diagnostic equipment with Saddam Hussein before the gulf war. the Los Angeles Times reports: ‘‘Mark Twain nuclear weapons applications were sold to The U.S. also found that the magnets went and’’—we’re not making this up—‘‘Zbigniew Pakistan in late 1996—after a May 1996 to ‘‘unsafeguarded’’ Pakistani facilities—no Brzezinski.’’ He’s a big, cuddly teddy bear of pledge by Beijing not to sell nuclear tech- international inspection permitted. Teams of a man, apparently. nology. U.N. inspectors have spent almost six years Jiang is also a man, of course, who tells Five French-made Super Puma helicopters trying to find all of Saddam’s American journalists that ‘‘democracy and with Chinese air-launched missiles were ‘‘unsafeguarded’’ hidden nuclear capability. human rights are relative concepts.’’ And promised to Iran under a 1996 deal that also Violating the treaty should have brought that Wei Jingsheng is a common criminal, involved Indonesia. sanctions. Washington complained but im- not a ‘‘so-called’’ political dissident. And 5,000 ring magnets were sold to Khan Re- posed no penalty. that China’s rape of Tibet was in fact a suc- search Laboratories in Pakistan in 1996. The China denied the sale. Then on May 11, cessful effort to rescue that country from magnets were assessed by U.S. intelligence 1996, it promised not to do it again. Mr. Clin- slavery, like our own Civil War, and that to be a major boost to Islamabad’s produc- ton’s speech said nothing about China’s nu- ‘‘the American people should be happy’’ tion of nuclear-weapons fuel. clear deals and treaty-breaking—or what the about it. Jiang issues these spectacular in- M–11 missiles were sold to Pakistan in 1995 C.I.A. told Congress in June 1997. sults, all of them in the last few weeks, but and 1996. U.S. intelligence believes the mis- The C.I.A. reported that during the second draws no official and direct American rebuke siles are operational, but the administration half of 1996, after the pledge to the U.S., or demurral. Rebuking him wouldn’t be nice, ignored the finding to avoid applying sanc- China was still the ‘‘primary source of nu- you see. tions. clear related equipment and technology’’ to The master of the Nanpu New Life Salt Missile-patrol boats equipped with scores Pakistan. Also, said the report, China is the Works has no business invoking Abraham of advanced C–802 anti-ship cruise missiles world’s ‘‘most significant supplier of weap- Lincoln, or appearing next to the Liberty were sold to Iran in 1996. They provide a new ons of mass destruction-related goods and Bell, or drinking champagne at the White capability to attack U.S. or allied ships in technology’’—which means nuclear, chemi- House. It diminishes American principle that the Persian Gulf. cal or bacteriological. he has been invited to do such things. It di- Missile technology was sold last year to The President did not mention China’s minishes American principle further that he Syria. breaking its pledge to America after break- will be applauded for it by our elected lead- A complete factory for producing M–11 ing its treaty pledge to the world. Nor did he ers, by our college presidents and Kissingers, missiles or systems of similar ranges was say that he was planning to reward China by by our business chieftains, by our ‘‘sophisti- sold to Pakistan in 1996. giving it clearance to shop nuclear in Amer- cated’’ opinion leaders. ica. But he will, unless Congress can block The task of rescuing American honor this CLINTON’S NUCLEAR DECEPTION—ON MY MIND him. After China’s broken pledges, will Ameri- week will fall to those allegedly unsophisti- (By A.M. Rosenthal) cated protesters who will dog Jiang Zemin cans be fools enough to believe Beijing will Craftily, ever so craftily, President Clinton wherever he goes, exercising their rights keep new promises to become a reformed is deceiving the American public about a under what Yu Shuning calls ‘‘the First proliferator or use U.S. nuclear technology critical danger to world security: China’s Amendment of the Constitution, et cetera.’’ for ‘‘peaceful purposes’’? Just this year, after international sales of the materiel and tech- We hope the protests are as large and loud the usual denials, Beijing admitted that U.S. nology of nuclear warfare. and obnoxious as possible. It won’t be machinery sold for civilian manufacture was The motive is to allow China to buy Amer- ‘‘nice.’’ But it will be right. transferred to a military aviation plant. ican nuclear materiel and information, in- That Clinton remark about China’s devel- A particularly astonishing feature of this cluding advanced U.S. nuclear reactor tech- oping export controls is cynical acceptance week's sham summit will be President Clin- nology—as U.S. nuclear manufacturers are of Beijing’s cynical pretense that any illicit ton's laughable attempt to implement the 1985 urging. nuclear exporting was the fault of sleepy Nuclear Cooperation Agreement. Presumably No previous President, and not even Mr. customs officials. with a straight face, President Clinton will ac- Clinton himself until now, would take the The stuff of nuclear, bacteriological or step required to permit Chinese nuclear chemical warfare is not exported from China tually send a piece of paper to Congress shopping in America—certifying that China shortly which will ``certify'' that China is a re- unless top officials approve. Mr. Jiang is the was not illicitly peddling its own nuclear toppest. sponsible steward of nuclear technology. Of goods abroad. President Clinton is crafty, but not crafty course, this is a lie. For proof, the Washington The U.S. knew that was not true. enough. He has turned China’s broken Times has provided us with a succinct box The U.S. knew that despite Beijing’s deni- pledges into a guilt of his own—deception score that sums up China's criminal record of als and pledges, for more than a decade about a matter of life and death, many lives nuclear and other weapons proliferation. The China has made important nuclear sales to and perhaps, some hideous day, many deaths. list is long and frightening, and the President's countries intent on achieving capability to make nuclear bombs. f policy is a dangerous disgrace. No one has Under a 1985 U.S. law, nations illegally written on this more eloquently than Abe proliferating nuclear materiel and tech- CONGRATULATIONS TO COL. Rosenthal in the October 28 New York Times, nology are subject to American sanctions. WILLIAM D. McGILL II and I insert both his article and the Washing- They are also forbidden to buy U.S. nuclear ton Times proliferation list for the RECORD. products and technology. HON. IKE SKELTON Now Mr. Clinton is ready to permit Amer- CHINA’S PROLIFERATION RECORD ican nuclear sales to China. So last Friday, OF MISSOURI China in recent months has sold an array in his speech setting the stage for the state IN THE HOUSE OF REPRESENTATIVES of nuclear-, chemical- and biological-weap- visit of President Jiang Zemin, he made this Wednesday, October 29, 1997 ons technology and missile technology to na- statement: tions seeking weapons of mass destruction. ‘‘China has lived up to its pledge not to as- Mr. SKELTON. Mr. Speaker, today I want to Here are some of the known transfers: sist unsafeguarded nuclear facilities in third congratulate Col. William D. McGill II, who will Telemetry equipment was provided to Iran countries, and it is developing a system of retire from the U.S. Army on October 30, for missile tests on the medium-range export controls to prevent the transfer or 1997, after a long and distinguished career of Shahab–3 and Shahab–4 missile program in sale of technology for weapons of mass de- service to our Nation spanning nearly 30 violation of the Missile Technology Control struction.’’ years. Regime. Neither part of that sentence is honest. Rocket motors and test equipment were In 1992, after selling nuclear-war materiel Colonel McGill enlisted in the Army in 1967, shipped to Iran for a new short-range missile to Iran, Iraq and Algeria among other coun- shortly after graduating from the North Caro- known as the NP–110, which was tested in tries, China signed the worldwide Non- lina State University at Raleigh. He success- May. proliferation Treaty against spreading fully completed Officer Candidate School and E2118 CONGRESSIONAL RECORD — Extensions of Remarks October 29, 1997 was commissioned a second lieutenant of CONGRATULATIONS TO THE mired them for all that they have meant to our armor in the U.S. Army Reserve on October FLORIDA MARLINS community. We first met Dick's wonderful par- 20, 1968. ents in the summer of 1950. Although they Over the course of his career, Colonel HON. PETER DEUTSCH were part of San Francisco's social and busi- ness elite, and we were just a young couple McGill served in a variety of exceptionally OF FLORIDA in the academic community, they enthusiasti- challenging troop and staff assignments in IN THE HOUSE OF REPRESENTATIVES cally accepted our invitation for dinner at our Vietnam, Korea, Saudi Arabia, Iraq, and the Wednesday, October 29, 1997 tiny and modest apartment. Dick's late father, United States. After completing aviation train- Mr. DEUTSCH. Mr. Speaker, I rise today to Ben Swig, made one of his very last public ap- ing at Hunter Army Airfield, GA, Dan McGill congratulate the Florida Marlins for having pearances at the wedding of our younger deployed to the Republic of Vietnam where he won the 1997 World Series Championship. daughter, Katrina, in the summer of 1980. served as a Cobra gunship section com- Created by Wayne Huizenga, administered by Dick first set foot in San Francisco over half mander and as the Headquarters Company Don Smiley, built by Dave Dombrowski, and a century ago. After serving in the Navy during Executive Officer in the Mekong Delta for 15 managed by Jim Leyland, this young team World War II, the Massachusetts-born Swig months. For his achievements during combat achieved the top honor, to which 28 teams as- moved to the west coast to begin a career then-Lieutenant McGill was awarded the Dis- pire, in just 5 years. By reaching the World with the Fairmont Hotel, which his family had tinguished Flying Cross and 37 awards of the Series in record time, the Florida Marlins is purchased a few years earlier. Dick spent sev- Air Medal. After completing his combat tour, the youngest franchise ever to win the World eral years learning about every facet of the Dan then served with the Army's elite 82d Air- Series and has thus assured itself a place in business, working in management, publicity, borne Division for the next 3 years. history. and service-oriented positions. In 1953, at the After attending the Armor Officer Advance Before this season, the Florida Marlins had age of 27, he became the hotel's president. For over four decades, Dick's leadership Course, Dan returned to Fort Bragg, where he never been in the playoffs. Throughout the made the Fairmont the model of luxurious once again served with the 82d. He had the 1997 division series, however, they never trailed in games won. They initiated their quest hospitality and one of the most highly re- distinction of commanding two different cavalry by overpowering the San Francisco Giants garded hotels in America. World leaders, fa- troops for a total of 3 years. The length of Dan and then went on to win the National League mous celebrities, and San Francisco visitors McGill's command time is a reflection of his championship series by upsetting the Atlanta with an eye for excellence would call the Fair- extraordinary ability to lead soldiers. Braves. Then, in a dramatic, extra-inning, sev- mont home during their visits to the bay area. Colonel McGill's potential for increased re- enth game, they defeated the Cleveland Indi- The hotel's unqualified success spawned six sponsibility was rewarded with selection for ans to become the 1997 World Series Cham- similarly elegant hotels across the country, in and attendance at the Army Command and pions. Within 5 years, the Flordia Marlins at- New York, Boston, Chicago, New Orleans, General Staff College at Fort Leavenworth, tained a monumental goal that has historically Dallas, and San Jose. Dick demanded the KS. Dan continued his service in a series of taken championship teams decades to accom- same levels of superiority and class at these challenging assignments following his gradua- plish. establishments as he did at his San Francisco tion from Fort Leavenworth. First, he spent 2 The players who accomplished this feat are: flagship, and they realized the same degree of years in South Korea in a joint assignment as Kurt Abbott, Moises Alou, Antonio Alfonseca, achievement. a personnel officer and then he returned to the Alex Arias, Bobby Bonilla, Kevin Brown, John Said his son Rick: ``His legacy both to the United States to serve in the Pentagon as a Cangelosi, Jeff Conine, Dennis Cook, Craig Fairmont, a company he dearly loved, and as staff officer in the Office of the Chief of Legis- Counsell, Darren Daulton, Jim Eisenreich, a hotelier in general, is inestimable. . . . His lative Liaison. Alex Fernandez, Cliff Floyd, Felix Heredia, management style was inspired not only by Livan Hernandez, Charles Johnson, Al Leiter, great care and attention to hotel guests, but Dan McGill then had the distinction of being Kurt Miller, Robb Nen, Kirt Ojala, Jay Powell, also the extraordinary recognition of his hotel selected for battalion command and returned Edgar Renteria, Tony Saunders, Gary Shef- staff. In the days of independently owned lux- to Fort Bragg to serve as the commander of field, Rob Stanifer, Ed Vosberg, John Wehner, ury hotels . . . he set standards for us all.'' the 1st Squadron, 17th Cavalry, in the 82d Air- Devon White, and Greg Zaun. Their coaches Upon his death, the Fairmont flags flew at borne Division. This cavalry squadron is the are: Rich Donnelly, Bruce Kimm, Jerry half-staff. So did every other flag on ever other eyes and ears of the All-American Division. Manuel, Milt May, Larry Rothschild, and San Francisco building, per the order of Mayor Through sustained superior performance Colo- Tommy Sandt. Willie Brown. This tribute reflects the scope of nel McGill once again proved he had an un- The Marlins' victory was a victory for all Flo- Dick's contributions, which extended well be- surpassed ability to lead the world's finest sol- ridians. In a community as diverse as ours, yond the Fairmont to the entire bay area com- diers. He commanded in magnificent fashion. people from different backgrounds have united munity and humanitarian concerns around the After graduation from the Army War Col- in their admiration and pride for our baseball world. Dick Swig, along with his equally dedicated lege, Colonel McGill served on the III Corps team. I applaud the athletic prowess of these men and commend the dedicated efforts of wife Cissie, devoted a large portion of his life Staff until he once again assumed his natural to serving the bay area and to fighting for role of a leader of soldiers. He assumed com- their coaches and manager. I know that the Florida Marlins will continue to give Floridians compassionate causes that he cared so much mand of the 1st Cavalry Division's Aviation a spirit of unity and strength in years to come about. He served as trustee, chairman, or Brigade at Fort Hood, TX. Dan performed and look forward to another championship board member of more than 40 charitable, magnificently as a brigade commander and season in 1998. professional, and educational institutions, during this time served our Nation in combat f ranging from the Leukemia Society of America for a second time, in the Persian Gulf. to the San Francisco Symphony Association to Following the brigade command, Col. McGill TRIBUTE TO RICHARD L. SWIG the San Francisco Convention and Visitors returned to Korea to serve as the Chief of Bureau, of which he served as president. Staff of 8th U.S. Army. He culminated his HON. TOM LANTOS Dick assumed a particularly strong leader- service to the Nation as military deputy to the OF CALIFORNIA ship role in the Jewish community, both in the Army's Chief of Legislative Liaison and as the IN THE HOUSE OF REPRESENTATIVES bay area and nationally, and he worked tire- lessly for humanitarian and charitable groups staff director of the Vietnam Commando's Wednesday, October 29, 1997 Commission. that fought discrimination, educated the public, Mr. LANTOS. Mr. Speaker, I would like to and served the interests of the community. Colonel Dan McGill has distinguished him- pay tribute to the life of Richard L. Swig, who These organizations included the Anti-Defa- self as a leader during a remarkable career of passed away on September 25, 1997, at the mation League of B'nai B'rith, the Jewish service to our Nation. He has continuously dis- age of 72. Dick was a universally respected Community Federation, the Jewish Museum of played the professionalism, integrity, and de- San Francisco businessman, a dedicated phi- San Francisco, and numerous others. pendability our country has come to expect lanthropist, and a devoted community leader Dick received many distinguished honors for from its Army officers. He has answered the in the bay area. his philanthropic work, including the pres- call of service unwaveringly and our heartfelt Mr. Speaker, I have known Dick, Cissie, and tigious Mahatma Gandhi Humanitarian Award, appreciation and best wishes for the future go the whole Swig family for almost 50 years, the Golda Meir Award, the U.S. Coast Guard's with him as he prepares for his next endeavor. and my wife Annette and I have loved and ad- Distinguished Public Service Award, and the October 29, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2119

City College of San Francisco President's getic activist as well as a local and national October 29, 1997, into the CONGRESSIONAL Award. He was truly a man who cherished the leader. RECORD. Born on February 14, 1941, Paul Tsongas value of public service, and his heartfelt gen- GLOBALIZATION OF THE ECONOMY was the son of Greek immigrants. He grew up erosity improved the lives of many Americans. Hoosiers have heard and read a lot about Mr. Speaker, shortly after the passing of in the city of Lowell, a historic textile manufac- the globalization of the U.S. economy, but Dick Swig, the San Francisco Chronicle re- turing center where his father ran a dry clean- their reaction is mixed. While some seem to ported on a recent event that, in my opinion, ing business. He held a B.A. from Dartmouth like the idea, others react with confusion is characteristic of this fine man. The Septem- College and a law degree from Yale. He spent and concern. What exactly is globalization, ber 26, 1997, edition reads: 3 years working with the Peace Corps, which and what does it mean for the U.S. economy? A while ago, Cissie Swig was honored at a he often said literally changed his life. For WHAT IS GLOBALIZATION? reception at the Fairmont, and her husband, many years he held numerous positions in Globalization is the way the economies of Richard, wanted to be there but he wasn’t local and State government, and then in 1974 various countries around the world are be- feeling well enough (waiting for a heart was elected to the U.S. House of Representa- coming increasingly linked. Economic inter- transplant at the time) to stand in a receiv- tives. He served with great distinction for two action among countries is obviously not new, ing line. So he managed it in his own great terms whereupon he ran and was elected to as countries have been trading with each style: sat in a chair in his favorite lobby in the U.S. Senate. other for centuries. But fundamental the world and greeted everyone—for what I will always remember Senator Tsongas' changes in recent years have accelerated turned out to be a last time. wry sense of humor. He was fond of telling the that interaction and reshaped the world Mr. Speaker, Dick Swig was a man who story of how, when he was first running for his economy. Technological barriers to com- loved people, who loved San Franciscans, and Senate seat, he was misidentified in a news merce have fallen as transportation and communications costs have plummeted. who devoted his life to making others feel report as ``an obscure first term Congress- Man-made barriers, like tariffs, have been comfortable, whether as guests in his hotels or man.'' He corrected the story by simply saying drastically reduced. These changes, together beneficiaries of his generosity. He will be that he was ``an obscure second term Con- with the rapid industrialization of the devel- greatly missed by all of us who knew him and gressman.'' oping world, especially in Asia, and the tran- who had the opportunity to enjoy his ebullient More than a decade ago, Senator Tsongas sition of the formerly communist countries and compassionate spirit. was advocating for a well-educated population to market economies, have dramatically f in order to boost our Nation's economy. He changed the international economic system said ``education is the fuel driving our most im- and made it more ‘‘globalized’’. TRIBUTE TO MICHAEL portant growth sector, the high tech industry. Over the past decade, world trade has McLAUGHLIN High technology is an industry that runs on grown twice as fast as the world economy. Numerous companies around the globe are brain power. In computer science, bio- spending several trillion dollars annually on HON. STEVE R. ROTHMAN engineering, fiber optics, robotics, or any other factories and other facilities in countries OF NEW JERSEY high tech field, the basic input is the skill of other than their own. And financial market IN THE HOUSE OF REPRESENTATIVES the engineers, scientists, and technicians reforms combined with new information working there.'' technologies are enabling traders in various Wednesday, October 29, 1997 To honor his memory, his vision, and his countries to exchange hundreds of billions of Mr. ROTHMAN. Mr. Speaker, I rise today to commitment to economic growth and oppor- dollars worth of stocks, bonds, and cur- salute a man who devoted his life to serving tunity, I have introduced legislation creating a rencies every day. his community. Michael W. McLaughlin served graduate fellowship in his name (H.R. 2749). IMPACT ON U.S. as a firefighter for almost 12 years in the The Tsongas Fellowships' principal goal is Globalization has affected the U.S. econ- towns of Edgewater and Fort Lee before join- to encourage individuals with exceptionable omy in many ways. The U.S. now exports ing the Ridgefield volunteer fire department achievement and promise, especially mem- one-eighth of everything it produces and where he served as the department's chief bers of traditionally underrepresented groups, one-third of its agricultural production. Boe- ing, Caterpillar, and many other large U.S. secretary. He was also a member of the U.S. to pursue careers in science and engineering fields that confront the global energy and envi- firms now sell more than half of their output Disaster Response Team and the East Bergen in other countries, and export-related jobs Mutual Aid. He was recently honored at the ronmental challenges of the 21st century. pay on the average 16% more than non-ex- 16th annual National Firefighters Memorial During the past century, as much as 50 per- port jobs. Foreign-owned corporations em- Service on October 5, 1997. cent of our national economic growth has ploy more than 12 million Americans—5% of Michael McLaughlin zealously embraced the been created by technological innovation in the U.S. workforce. More than half the cars idea of community service by devoting so high tech and other brain-powered industries. sold by Toyota in the U.S. are assembled much of his time to his neighbors and families. In this past century we have literally gone from here, and nearly all of the cars sold by U.S. horse and buggies to space flight. Today, we automakers include major components made He was a member of just about every commit- in foreign countries. Through mutual funds tee in the fire department and he was always can imagine finding a vaccine for AIDS, or real-time two way tele-video. Even 10 years and pension funds, the earnings of millions ready to help his fellow firefighters in any way of middle-class Americans have been in- possible. ago, these discoveries seemed unthinkable. vested in dozens of foreign stock markets. It was his unique concern and compassion With a continued commitment to education and research, today's mysteries will become DIFFERENT PERSPECTIVES for others that set the life of Michael People disagree on whether globalization is McLaughlin apart. And it is from the concern tomorrow's realities. Engineers have brought a large part of good for the U.S. economy. and compassion for others where we must Some consider globalization positive for look for guidance and direction in our own these innovations into our lives. And our need the U.S. They argue that booming exports lives. I urge all of my colleagues to join me in for solutions to today's problemsÐfrom toxic have helped keep our economic expansion saluting this fallen American hero. waste to new energy sourcesÐis just as great going, reduce our unemployment rate to the as it was 100 years ago. f lowest level in 20 years, and, through in- I can think of few better ways to honor the creased competition, hold inflation down. TRIBUTE TO PAUL TSONGAS man who committed his career to an honest They say we are in the best position to pros- and open dialog about the issues facing our per in an increasingly dynamic international country today. By providing a fellowship in his economy because we have the world’s most HON. JOSEPH P. KENNEDY II name we will be bringing his philosophy to open markets, most productive workers, and OF MASSACHUSETTS bearÐthat ``investment is the future.'' most talented entrepreneurs. IN THE HOUSE OF REPRESENTATIVES Others see globalization as a problem. f They argue that two key features of Wednesday, October 29, 1997 THE GLOBAL ECONOMY globalization—additional imports from Mr. KENNEDY of Massachusetts. Mr. lower-wage countries and the increased ease Speaker, I rise today to pay tribute to a friend, with which U.S. firms can shift production colleague, and great American. Paul HON. LEE H. HAMILTON to other countries—are hurting U.S. wages OF INDIANA and eliminating U.S. jobs. Efthemios Tsongas, a former member of this IN THE HOUSE OF REPRESENTATIVES A third group says globalization simply body, the U.S. Senate, and a Presidential can- Wednesday, October 29, 1997 hasn’t made much of a difference to the lives didate. But Paul Tsongas was more than a of most Americans. Despite our increasing man with fancy job titles. He was a great fa- Mr. HAMILTON. Mr. Speaker, I would like to links to other countries, trade still accounts ther and a caring husband. He was an ener- insert my Washington Report for Wednesday, for a significantly smaller share of our total E2120 CONGRESSIONAL RECORD — Extensions of Remarks October 29, 1997 economy than in most other industrialized Compensation Act of 1997. This legislation stockholders of Immunex Corporation, I am nations. U.S. growth, unemployment, and in- would provide added pay for members of the grateful to the Subcommittee for affording flation are still determined mainly by do- Metropolitan Police and Fire Department of me the opportunity to present Immunex’s mestic decisions on interest rates, budget views about the proposed demonstration deficits, and the like. And, according to most the District of Columbia, and to the U.S. Se- project to fund biomedical research through economists, technological change has a big- cret Service's Uniformed Division and the Park extensions of market exclusivity for ap- ger impact on wage stagnation and job loss Police who carry out certain technical or haz- proved drugs. If implemented, this proposal than do trade and foreign investment. ardous duties. would deprive our company of the ability to None of these perspectives on globalization This bill also would include the additional provide an important cancer drug to pa- is entirely correct, but each has some merit. compensation paid for service longevity into tients. Using this drug as an example, I will Globalization clearly offers great opportuni- retirement calculations for police and fire- illustrate for the Subcommittee the punitive ties to the U.S. economy. Firms capable of fighters, and is a commonsense and budget- and anticompetitive impact of the proposed exploiting new foreign markets can bring demonstration on private sector research, valuable returns to their employees and in- conscious way to encourage the retirements of health care expenditures, the federal Medi- vestors. By keeping prices down and increas- police and firefighters who are at the top of care budget, and patient access to affordable ing purchasing options, import competition their respective pay scales and seniority lev- drug therapies. can benefit consumers and manufacturers. els. Immunex is a research-based biopharma- But developments that offer opportunities to Under this legislation, members of the U.S. ceutical company headquartered in Seattle, some Americans pose challenges to others. Secret Service Uniformed Division who travel Washington. We have approximately 900 em- Even though technology may be a bigger to a foreign country in which a state of war or ployees throughout the U.S. Our mission is to develop innovative treatments for pa- threat to U.S. wages and jobs, lower-skilled civil unrest exists would receive an extra $100 workers, in particular, face tough competi- tients with serious medical needs. Since the tion from countries where labor costs are a day in addition to his/her basic compensa- company was founded sixteen years ago, we much lower. tion and travel expenses. have spent $483 million on research and de- The Police and Fireman's Additional Com- U.S. POLICY velopment—approximately one-half of the company’s revenues over that same period of The United States cannot stop pensation Act of 1997 would save taxpayer time. In 1996, our total research investments globalization; the economic forces behind it dollars by encouraging the retirements of sen- exceeded $100 million. are simply too strong. Nor could we with- ior police and firefighters who have reached the top of the pay scale. At the same time, the Immunex markets seven products in the draw from the world economy. The challenge U.S. All are used in the treatment of cancer for the U.S. is to position itself to benefit bill provides needed compensation to those or to temper the side effects of cancer ther- from the major changes now sweeping over who risk their lives to protect and preserve our apy. As one example, we received FDA ap- the international economic system so that communities. These brave men and women proval to market a chemotherapy drug we raise the living standards of U.S. resi- provide the highest quality of service to our called Novantrone for the 80,000 men who dents overall. We need to seize the opportu- suffer from advanced hormone refractory nities created by globalization while re- citizens; providing them with added com- pensation is an appropriate way in which to prostate cancer. Until Novantrone received sponding to its costs. clearance, there were few treatment options That means, first of all, that we need to send a message that we appreciate the dif- for these patients. In addition to the devel- maintain our leadership on trade and con- ficult work that they do. opment of innovator drugs like Novantrone, tinue to work to improve the international f Immunex has developed a generic form of economic system. All nations will benefit paclitaxel, a chemotherapeutic agent used to from policies of openness and engagement, LOOK OUT CONSUMERS: PHARMA- treat metastatic ovarian and breast cancers the kind of international economic system CEUTICAL RIP-OFF BEING PRO- that have not responded to first line thera- the U.S. has worked hard to establish for POSED pies. We intend to market this drug as soon half a century. Such policies will create new as the exclusivity period granted to Brisol- markets for our products and enhance inter- Myers Squibb for its brand, Taxol, expires. national stability and cooperation. By re- HON. FORTNEY PETE STARK OF CALIFORNIA Thus, we are able to consider the proposed newing fast-track trade negotiating author- demonstration project from a unique per- IN THE HOUSE OF REPRESENTATIVES ity, Congress can give the President the crit- spective—that of a company that is fiercely ical tool he needs to open foreign markets Wednesday, October 29, 1997 committed to research and development, and prevent other countries from reaching Mr. STARK. Mr. Speaker, following is the that develops and markets innovator drugs, trade agreements that harm our interests. and that also has an interest in generics. In At the same time, we need to do a better testimony of Immunex Corp. from an October our view, the proposed demonstration runs job of helping lower-skilled workers acquire 21, 1997 hearing before the Senate counter to sound public policy and would not the education and training they need to get Approrpriations Subcommittee on Labor-HHS- achieve its stated objectives. the higher-paying, higher-skilled jobs that Education. Proponents of the demonstration offer two our economy is creating. We provide too lit- It describes why a proposal by a number of principal justifications: 1) five years of mar- tle support to workers who lose their jobs drug manufacturers to extend the patent ex- ket exclusivity is not sufficient to provide due to trade. Federal and state worker edu- clusivity on their drugs is a bad deal for con- adequate incentive for companies to conduct cation and training programs are under- research to develop new drugs; and 2) the funded and uneven in quality. Efforts to re- sumers and America. Everyone is for in- creased research on the cure to illnessesÐbut demonstration would provide a source of rev- form these programs have stalled several enue needed to maintain support for NIH re- times in recent years. With the federal budg- charging sick people more for existing medi- search. Unfortunately, the proposal fails on et climate improved, it makes sense to try cines while the corporations pocket most of both counts. again. the monopoly windfall for profits is a lousy Perhaps there should be a reexamination of CONCLUSION deal. the purpose and effect of the Waxman-Hatch Our number one concern in this increas- The end of a Congress is a dangerous time, market exclusivity law. But the appropria- ingly globalized economy is jobs—good and when last minute sweetheart deals get added tions process is not the proper forum for that secure jobs for Americans. We need to pursue to ``must pass'' legislation. The last time a debate. It requires the same level of scrutiny policies that promote economic growth and pharmaceutical company tried this was an and consideration that was applied when the improve living standards for all Americans. law was first adopted. This is particularly We need to redouble our efforts to better pre- anonymous amendment to the Kennedy- true in light of the anti-competitive nature pare workers for the new jobs our economy is Kassebaum law to provide special patent pro- of the demonstration and its likely adverse creating. tection to Lodine. the result was a national impact on patient access to lifesaving thera- f outcry and special action to strip the ``gift'' out pies. Moreover, the proposed demonstration of the bill. does nothing to incentivize new drug devel- INTRODUCTION OF THE POLICE Keep your eyes open everyoneÐwe may be opment since it would extend, by up to five AND FIREMAN’S ADDITIONAL facing the same robbery attempt again. additional years, market exclusivity for ex- COMPENSATION ACT OF 1997 isting drugs only. It actually would deter re- STATEMENT BY SCOTT HALLQUIST, SENIOR search to develop new formulations of drugs VICE PRESIDENT AND GENERAL COUNSEL that qualify for the additional protections. HON. CONSTANCE A. MORELLA IMMUNEX CORPORATION, BEFORE THE SUB- Simply put, other companies that otherwise OF MARYLAND COMMITTEE ON LABOR, HEALTH AND HUMAN might produce new versions with fewer side SERVICES, EDUCATION, COMMITTEE ON AP- IN THE HOUSE OF REPRESENTATIVES effects, easier delivery systems, or greater PROPRIATIONS, U.S. SENATE Wednesday, October 29, 1997 efficacy would be unable to receive approval October 21, 1997. and would have no incentive to conduct the Mrs. MORELLA. Mr. Speaker, I rise today to MR. CHAIRMAN AND MEMBERS OF THE SUB- research necessary to achieve these kinds of introduce the Police and Fireman's Additional COMMITTEE: On behalf of the employees and breakthroughs. Depriving patients in this October 29, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2121 way goes well beyond current market exclu- is able to obtain the competitive product for Last spring, the Ohio State legislature sivity policy. less than $100 (U.S. dollars). passed, and the Governor signed, a very dam- The projected revenue stream to NIH is an- NCI has indicated its expectation that ge- aging piece of legislation that seriously under- other fallacy. As illustrated in the Taxol ex- neric competition for Taxol will occur upon ample below, the cost to the government of the expiration of Bristol’s initial term of ex- mines the workers compensation system. extending exclusivity periods under this clusivity. In a letter to Senator Ben Under the guise of workers compensation re- demonstration would far exceed the pro- Nighthorse Campbell, dated February 26, form, this law would make it very difficult for jected $750 million of new revenue for NIH. It 1997, Alan Rabson, Deputy Director of NCI, workers to receive compensation for legitimate also is important to note that the proposed discussed the Bristol CRADA and stated, workplace injuries such as carpal tunnel syn- ‘‘royalty’’ would not be absorbed by the ‘‘. . . [N]ew anti-cancer indications for drome. It makes a number of extreme pharmaceutical companies but would be paclitaxel that hopefully will arise from re- changes in workers compensation that would passed on to patients, private insurers, and search under the extended CRADA may in- block injured workers from receiving medical government health care programs in the crease market opportunities for generic form of higher prices for drugs that are manufacturers of paclitaxel once they are care and benefits. Working families would suf- shielded from competition. A tax on sick and able to enter the market in January, 1998.’’ fer so that Ohio employers can save $200 mil- dying patients is an inappropriate and un- Nevertheless, Bristol continues to pursue lion per year in payments to injured workers. necessary way to fund biomedical research. efforts to obtain extensions of its Taxol ex- Mr. Speaker, the citizens of Ohio have said Conservatively, at least 21 drugs would re- clusivity. At one point, Bristol was seeking a enough is enough. More that 400,000 voters ceive protection under the demonstration. two-year extension. To better understand signed petitions to place Issue 2 on the No- But one drug, Taxol, presents the most egre- the economic impact of such an extension, vember ballot. Issue 2 would protect the rights gious case study on why the demonstration Immunex commissioned a study by an inde- and benefits of injured workers by overturning would be a horrible investment for taxpayers pendent economic research firm, National and a setback for cancer patients. Economic Research Associates (‘‘NREA’’). this destruction of Ohio's workers compensa- The active ingredient in Taxol is the NERA estimated that a two-year extension tion system. anticancer compound paclitaxel. It was dis- would cost the U.S. health care system in ex- This is truly a battle of titans. On the one covered, formulated, and introduced into cess of $1 billion and would cost the Medicare side is a $10 million advertising blitz financed human clinical trials by the National Cancer program alone $288 million. by big business. On the other side is a coali- Institute using federal funding. As a result of The proposed demonstration would provide tion of injured workers, senior citizens, church- a cooperative research and development not two, but five years of additional exclu- agreement, or CRADA, Bristol-Myers Squibb es, public interest organizations, and unions. sivity to Bristol for Taxol. In exchange, NCI The entire Nation is watching this vote. The was granted exclusive rights to the NCI would receive a mere three percent royalty. paclitaxel research, continued the clinical Based upon the approximately $500 million in rights and benefits of injured workers hang in trials of Taxol, and obtained FDA approval U.S. sales now recorded by Bristol, NCI the balance. in December 1992. In return for its invest- would receive about $15 million in royalties f ment, Bristol received five years of market- in the first year. Comparing the estimated ing exclusivity under the Waxman-Hatch Medicare cost impact of a two-year exten- TRIBUTE TO CWO3 NELSON Act. This term of exclusivity is scheduled to sion with two years worth of royalty pay- CANALES expire on December 27, 1997. ments under the demonstration, taxpayers Taxol is an expensive drug. A basic treat- would spend an extra $10 on Medicare for HON. SOLOMON P. ORTIZ ment costs a cancer patient more than $2,000. every $1 invested in the demonstration. Taxol pricing was the subject of a negotiated When one considers the over $1 billion in OF TEXAS agreement between NIH and Bristol follow- added costs to all federal health programs IN THE HOUSE OF REPRESENTATIVES ing a House subcommittee hearing in 1991 at and private sector plans, the taxpayer cost Wednesday, October 29, 1997 which a senior Bristol executive testified balloons to nearly $30 for every one dollar that the drug ‘‘is neither patented nor pat- spent with regard to Taxol alone. The num- Mr. ORTIZ. Mr. Speaker, I rise today to pay entable; therefore, we do not have exclusive bers are even more astounding when all tribute to CWO Three Nelson Canales, a fa- intellectual property rights to Taxol.’’ drugs covered by the demonstration are ther, a soldier, and a patriot. Following his Taxol’s high price and five years of market- taken into account. family's long and distinguished tradition of ing exclusivity were part of the bargain that The sweeping protections granted to cer- Bristol struck with the government. serving the Nation through the armed serv- tain drugs under the proposal actually would ices, Mr. Canales joined and served in distin- The bargain paid off for Bristol. Bristol deter other companies from researching and does not separately report U.S. Taxol sales, developing new formulations of paclitaxel or guished fashion with the U.S. Army for 8 years but the market research firm IMS America new methods of using and administering this as an officer, and most recently as an aviation estimated U.S. Taxol sales for 1996 alone to anticancer compound, since any drug appli- maintenance officer with the Army National total $519 million. Other firms have esti- cation relating to this active compound Guard, National Guard Bureau, in Washington, mated them to be as high as $590 million. In (even new drug applications directed to uses, DC. August of this year, Bristol reported world- indications, or formulations that are not re- Chief Warrant Officer Three Canales, the wide Taxol sales of $813 million and sales in searched or developed by Bristol or included the first half of 1997 of $444 million. Taxol is son of retired U.S. Army Sergeant 1st Class in Taxol labeling) would be frozen for five Adolfo Canales, was born on October 13, well on its way to becoming a billion dollar years. drug and certainly needs no additional legis- Thus, the proposed demonstration actually 1960, in San Juan, PR. He graduated from the lative preference to ensure its success. would cost the federal government billions of Interamerican University in San Juan, PR, at- Four years ago, Immunex began working dollars that otherwise could have been dedi- tending as a U.S. Army ROTC scholarship re- with paclitaxel. We have a supply arrange- cated, at least in part, to NIH research. It cipient. Serving in the U.S. Army from 1983 to ment with an innovative Colorado company, would discourage important research, deny 1991, Chief Warrant Officer Three Canales Hauser, Inc., that pioneered paclitaxel manu- patients access to lower-cost drugs, impose a graduated from flight school in 1985 followed facturing processes when NCI research on hidden tax on the sick, and adversely impact paclitaxel first began. Immunex and Hauser by multiple tours: first serving with the Attack companies that have made significant in- Battalion, next the 1st Infantry Division, fol- each have invested heavily to prepare stock- vestments in researching new uses for drugs piles of bulk drug for formulation and sale. that are reaching the end of their exclusivity lowed by the 82d Medical Detachment (Air Hauser also has developed a manufacturing periods. Ambulance), next the chief protocol-Republic process based on renewable biomass that can of Honduras (U.S. Embassy/JTF), and his last f assure continued supplies of paclitaxel. In assignment was with the U.S. Military Intel- undertaking this effort, we relied upon the ligence Battalion as a special electronic mis- Waxman-Hatch law and have every intention WORKERS COMPENSATION of introducing on the market a competitive REFORM sion aircraft pilot for the RC±12 reconnais- paclitaxel product in the U.S. upon the expi- sance aircraft. After completing his service in ration of Bristol’s initial exclusivity period HON. DENNIS J. KUCINICH the U.S. Army, Chief Warrant Officer Three for Taxol. Several other companies have ex- OF OHIO Canales joined the Tennessee Army National pressed the same intent. IN THE HOUSE OF REPRESENTATIVES Guard in 1992. The positive impact of generic competition When the nation is in need, it is a great re- to Taxol is occurring in Canada where Wednesday, October 29, 1997 lief to know that there are men and women, Immunex has introduced a competitive paclitaxel injection product. The prices for Mr. KUCINICH. Mr. Speaker, there is a na- like Chief Warrant Officer Three Canales and Taxol in Canada are already declining as the tional campaign in our country to weaken the his family, who will respond to the call of duty. market adjusts to competition. Whereas a social safety net that has protected our citi- On behalf of a grateful nation, let us all join breast cancer patient in the U.S. pays $183 zens for 6 decades. The latest focal point for his wife Kimberly and their daughters Leah for a vial of Taxol, her Canadian counterpart that campaign is my home State of Ohio. Beth and Anna Kris, to pay tribute to a man E2122 CONGRESSIONAL RECORD — Extensions of Remarks October 29, 1997 who has served this nation admirably and con- current scientific studies say poverty and cock- there is no record to support the targets estab- tinues to do so with distinction. roach allergens, not manmade pollutants, lished in the legislation. f have been the major cause of asthma. EPA's The target for teenage drug use in H.R. data is simply inadequate. A TRIBUTE TO DAVID B. BURKE 2610 illustrates the problems in the legislation. Moreover, EPA poorly estimates the cost of Teenage drug use is an extraordinarily serious these new standards. The EPA originally said problem. Drug use by teenagers has in- HON. WILLIAM O. LIPINSKI $3 billion per year. Now that the regulations creased by 50 percent since 1992. Clearly, we OF ILLINOIS are promulgated, it claims $37 billion is more need a focused national effort to reduce teen IN THE HOUSE OF REPRESENTATIVES accurateÐ$37 billion every year. A George drug use dramatically. H.R. 2610, however, re- Mason University study says $80 billion is Wednesday, October 29, 1997 quires the executive branch to reduce teenage more likely for full compliance with PM. The drug use by 90 percent by 2001. To achieve Mr. LIPINSKI. Mr. Speaker, I rise today to EPA freely admits that no technology today these reductions, ONDCP would have to re- pay tribute to an outstanding scout, David B. exists to accomplish the mandate of the new duce drug use by teenagers to just 3 percent Burke, in achieving the rank of Eagle Scout. standards, but it blithely believes that setting of the teenage population in just four yearsÐ The Boy Scouts of America, Troop 358, will unrealistic goals is the way to force busi- a level that is 67 percent below the lowest present David B. Burke with the Eagle Scout nesses to come up with new antipollution level of teen drug use achieved at any time Award at St. Christopher's Gym in Midlothian, technology. On behalf of farmers in my district, since 1976, when records were first kept. IL, on Sunday, November 2, 1997, in the pres- however, I want to ask EPA what technology There is simply no evidence that these reduc- ence of his fellow troop members, his parents, it expects farmers to use to stop the wind from tions are achievable in just 4 years. family, and friends. blowing dirt around. We already limit agricul- The Eagle Scout Award stands for honor, tural burns and plowing/harvesting practices. Another serious problem is that H.R. 2610 which is the foundation of all character. It Imposing onerous and flawed EPA stand- ignores the two substances most commonly stands for loyalty and without loyalty, all char- ards on an already burdened public is wrong. abused by childrenÐtobacco and alcohol. An acter lacks direction. Finally, the award dis- I support clean air and the need for air regula- effective drug control strategy has to include plays courage, which gives character force tions, even when it raises the price of goods tobacco and alcohol because these are ``gate- and strength. and services in our economy. Clean air is a way'' substances to drug use. Statistics show Mr. Speaker, I congratulate David and his good that Americans want and are ready to that children who drink and smoke are 30 parents for the many years of participating in pay for, but they want value for their dollar. I times more likely to use cocaine or heroin the Scouting Program that has proven to de- urge this Congress to reject these new EPA than children who don't. Unfortunately, the Re- velop a solid foundation for many of our PM 2.5 regulations until more scientific data is publican members of the committee unani- youths, all over this fine country of the United available, data that is not rushed along by law- mously voted against establishing targets for States. suits, but is collected and analyzed in a care- reducing teenage use of tobacco and alcohol. f ful, professional manner. This vote was especially ironic given that the f Speaker criticizes the President's initiatives to EPA AIR REGULATIONS: BAD reduce teen tobacco use on the grounds that SCIENCE COMBINED WITH BAD NATIONAL NARCOTICS LEADER- these initiatives are too narrowly focused and TIMING SHIP ACT AMENDMENTS OF 1997 don't prevent substance abuse on a broader basis. SPEECH OF HON. WILLIAM M. THOMAS There are a number of other problems with OF CALIFORNIA HON. THOMAS M. BARRETT H.R. 2610. The bill authorizes ONDCP for only IN THE HOUSE OF REPRESENTATIVES OF WISCONSIN 2 years, making it impossible for the agency to Wednesday, October 29, 1997 IN THE HOUSE OF REPRESENTATIVES plan to meet the 4-year targets in the legisla- Tuesday, October 21, 1997 tion. General McCaffrey has requested a Mr. THOMAS. Mr. Speaker, I rise to oppose twelve-year reauthorization. A 2-year reauthor- the new EPA particulate matter standards is- Mr. BARRETT of Wisconsin. Mr. Speaker, I ization is especially troubling since the targets sued this summer, and I call on my colleagues am opposed to H.R. 2610, the National Nar- established by the bill are for 2001. It makes to support H.R. 1984, which will delay these cotics Leadership Act, in its current form. This little sense to sunset ONDCP when it is only standards until data can be collected to sup- bill would reauthorize the Office of National halfway to reaching the goals contained in the port a balanced and rationale decision. Drug Control Policy [ONDCP]. It was consid- bill. It will only cause confusion and hamper Particulate matter or PM is very fine par- ered by the Government Reform and Over- ONDCP's effectiveness. A 2-year reauthoriza- ticles of dust or smoke which are created from sight Committee on October 7, 1996. No hear- tion will also set up ONDCP for yet another re- various sources such as engines, crop burn- ings were held on this legislation and there authorization fight on the eve of a Presidential ings, dirt, or simple household dust. Farming was no subcommittee consideration of the bill. election, further politicizing the issue. can generate PM simply when tractors cross A number of amendments were offered by dry soil or by burning crops after harvest. One Democratic members. The bill was considered H.R. 2610 also prohibits the use of High In- business in my district must routinely sweep under suspension of the rules on Tuesday, tensity Drug Trafficking Area [HIDTA] funds for the roads in its plant at the demand of regu- October 21, 1997, over the objections of my- drug treatment programs. Under the HIDTA program, the Director of ONDCP has the au- lators in order to minimize PM from being self and Representative HENRY A. WAXMAN, thrown up when vehicles pass, despite the ranking minority member of the Government thority to designate High Intensity Drug Traf- fact that the plant is situated in the middle or Reform and Oversight Committee. ficking Areas, and to reassign Federal person- arid, dusty land where the wind blows dirt The cornerstone of H.R. 2610 is a series of nel to work together with local, State, and around everyday. I often hear from my con- targets for reducing drug use. We support the Federal drug control agencies. HIDTA's have stituents that they would not mind the effort concept of setting targets for reductions in a law enforcement focus, but a few have suc- and cost if government requirements made drug use by adults and children. These targets cessfully used HIDTA funding to coordinate sense and solve a problem. Often, as here, should be aggressive, but they should also be treatment activities as part of an overall they do not. realistic and based on the best available evi- counter-drug effort. This is entirely appro- EPA frequently relies upon inadequate re- dence and expert opinion. priate, as the local authorities have deter- search to support its decisions as is the case Unfortunately, the targets in H.R. 2610 do mined that without coordinating drug treatment of its new PM standards. In this instance EPA not appear to meet these tests. Rather, they and law enforcement activities, we will con- bases its decision on a very limited number of appear to lack a substantive basis and to be tinue to recycle drug offenders in unaccept- studies disregarding the ones that disagree politically designed for failure. According to the able numbers. with its decision. EPA makes sweeping state- President's Office of National Drug Control I would like to include with my statement the ments that PM causes premature deaths, but Policy [ONDCP], ``the unrealistic targets set President's Statement of Administration Policy none of the studies actually monitored the af- forth in H.R. 2610 could hurt our efforts on H.R. 2610, and a letter from General Barry fected people for a link to PM. Factors like against drug use when the public, seeing the McCaffrey, Director of the Office of National smoking history, physical fitness, and alter- inevitable failure to meet these goals, be- Drug Control Policy, to the minority leader, native causes of death were not taken into ac- comes convinced the effort is lost.'' Since our Rep. GEPHARDT, further elaborating on his op- count by any study relied upon by EPA. Many Committee held no hearings on H.R. 2610, position to this legislation. October 29, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2123

EXECUTIVE OFFICE OF THE PRESI- hire and train law enforcement, drug treat- agencies. H.R. 2610 creates a new Deputy Di- DENT, OFFICE OF NATIONAL DRUG ment, and drug prevention personnel. The rector for Intelligence but neither delineates CONTROL POLICY, Administration’s bill, in contrast, would cod- the responsibilities of this new position nor Washington, DC, October 21, 1997. ify a process for establishing meaningful per- distinguishes them from those of the Direc- Hon. RICHARD A. GEPHARDT, formance measures without enacting inflexi- tor of Central Intelligence, thus creating the Democratic Leader, U.S. House of Representa- ble specific numerical targets into law. That potential for confusion and duplication of ef- tives, Washington, DC. bill, H.R. 2407, would require ONDCP to de- fort. The bill also authorizes the Director of DEAR MR. LEADER: Thank you for your velop a Performance Measurement System ONDCP to consult with ‘‘appropriate rep- consideration of H.R. 2610 to reauthorize that includes a comprehensive set of objec- resentatives of foreign governments’’ with- ONDCP. While the Administration strongly tives, measures, and targets, and that works out recognizing the role of the State Depart- supports reauthorization of ONDCP, we have in conjunction with agency performance ment, the agency principally responsible for grave reservations about H.R. 2610 in its plans required by the Government Perform- the conduct of foreign policy, or other agen- present form. The attached Statement of Ad- ance and Results Act of 1993. The specifics of cies with authority for conducting or coordi- ministration Policy provides full details; the this system will be submitted to the Con- nating activities overseas. Finally, the re- purpose of this letter is to highlight those of gress by early 1998. quirement that ONDCP establish perform- greatest importance. Reauthorizes ONDCP for only two years. The ance measures for drug control programs First and foremost, we must construct a Administration’s proposal included a 12-year could conflict with the performance meas- realistic roadmap to victory. ONDCP and the authorization, which is critical to implemen- ures already developed or under development federal drug-control agencies have been tation of the 10-year strategy, supported by by NDCP agencies as required by the Govern- working diligently to develop a performance five-year budgets, announced in the 1997 Na- ment Performance Review Act (GPRA). measurement system that will lay out tar- tional Drug Control Strategy. Reauthoriza- Involvement of the Director of ONDCP in the gets and measures designed to take the U.S. tion must be of sufficient duration to allow internal management of other agencies. H.R. to historical low levels of drug use (as meas- ONDCP to compile data and evaluate the ef- 2610 requires the heads of NDCP agencies to ured by official government data) within the fectiveness of the drug control program provide the Director of ONDCP with unspec- next ten years. This performance measure- through the Performance Measurement Sys- ified ‘‘information’’ about any position (be- ment system already reflects thousands of tem it is developing. A two-year reauthoriza- fore an individual is nominated for such posi- hours of analysis. We are developing a final tion is also inconsistent with the four-year tion) in National Drug Control Program of- plan which will establish numerical targets goals established in H.R. 2610. fices or to any position at or above the level Raises Constitutional questions. The bill that are both ambitious and achievable. The of Deputy Assistant Secretary. Although the would authorize the Director of ONDCP to final plan will take into account known ob- bill does not specify a formal review or ap- transfer funds among National Drug Control stacles, such as the two- to three-year lag proval responsibility, it suggests a role for Program (NDCP) agencies with the advance between noticeable changes in attitudes to- the Director that undercuts the authority of approval of specified congressional commit- wards drugs and noticeable changes in be- other Presidential appointees to manage tees. The committee approval mechanism is havior, and the time needed to hire and train their agencies. a violation of the Constitution’s bicameral, Prohibition on the use of High Intensity Drug law-enforcement, drug-treatment, and drug- and presentment requirements under the Su- Trafficking Areas (HIDTA) funds from being prevention personnel. We believe the unreal- preme Court’s INS v. Chadha decision. Other used to expand treatment programs. Although istic targets set forth in H.R. 2610 could hurt provisions that raise Constitutional ques- the primary goal of HIDTA funding is to im- our efforts against drug use when the public, tions include: the requirement that NDCP prove the coordination of law enforcement seeing the inevitable failure to meet these agency budget requests be provided to the activities, it is critical to maintain and im- goals, becomes convinced the effort is lost. Congress prior to review by the Office of prove linkages between the criminal justice Second, the two-year reauthorization is an Management and Budget, the statutory des- system and effective treatment programs. inadequate commitment to the national drug ignation of the Director of ONDCP as a mem- Failure to address the under-age use of to- control strategy. A two year period does not ber of the President’s cabinet; and the des- bacco and alcohol. The 1991 Drug Strategy is- provide adequate time to implement the ten- ignation of the Director of ONDCP as the sued by ONDCP during the Bush Administra- year plan supported by five-year budgets ‘‘primary spokesperson of the President on tion, and every Strategy issued since that outlined in the 1997 National Drug Control drug issues.’’ Strategy. Nor is it of sufficient duration to The Administration will seek amendments time, has included the reduction of under- allow ONDCP to compile data and evaluate to address the objections cited above and in age use of alcohol and tobacco because these the effectiveness of drug control programs the attachment. substances are recognized as gateways to il- licit drug use. It is critical to codify reduc- through the performance measurement sys- ATTACHMENT tem we are developing. Finally, our ability ing the under-age use of these substances ADDITIONAL OBJECTIONS TO H.R. 2610 to coordinate the efforts of federal agencies within the scope of national drug control ac- responsible for implementing the Strategy de- Other Administration objections to H.R. tivities. pends, in part, on ONDCP’s long-term viabil- 2610 include the bill’s: Duplication of Clearinghouse Activities. H.R. Excessively burdensome reporting require- ity. 2610 would require ONDCP to develop in ments. For example, the bill would require We appreciate your consideration and look interagency clearinghouse to distribute de- each National Drug Control Program (NDCP) forward to working with you to achieve a re- mand-related drug information, thereby du- agency to submit semi-annual reports to authorization bill that all of us can embrace. plicating the efforts of existing clearing- ONDCP on the agency’s progress with re- Respectfully, houses. This would be a poor use of limited spect to the numerical goals established for BARRY R. MCCAFFREY, drug control resources. reducing drug use. ONDCP would be required Director. to submit a semi-annual summary of these f Enclosure. reports to Congress. The requirement for TRIBUTE TO RUDY DEMAREST semi-annual reporting will provide little ad- EXECUTIVE OFFICE OF THE PRESI- ditional useful information since most of the DENT, OFFICE OF MANAGEMENT relevant data are available for annually or HON. BILL PASCRELL, JR. AND BUDGET, even less frequently. The reporting require- OF NEW JERSEY Washington, DC, October 21, 1997. ment would only divert attention and re- IN THE HOUSE OF REPRESENTATIVES STATEMENT OF ADMINISTRATION POLICY sources away from efforts to reduce drug use and its consequences. Wednesday, October 29, 1997 H.R. 2610—NATIONAL NARCOTICS LEADERSHIP Prohibition of or creation of substantial obsta- Mr. PASCRELL. Mr. Speaker, I would like to ACT OF 1997 cles to Federal funding for legitimate scientific call your attention to Mr. Rudy Demarest as The Administration strongly supports re- research into potential uses of controlled sub- he is honored by the Old Timers Athletic As- authorization legislation for the Office of stances. H.R. 2610 would require the Director sociation of Greater Paterson. He is the recipi- National Drug Control Policy (ONDCP), and of ONDCP to ensure that no Federal funds has proposed legislation (H.R. 2407) for this are used for research relating to the legaliza- ent of the 1997 Lou Costello Athletic Memorial purpose. Although H.R. 2610 contains several tion of a Schedule I substance for any pur- Award. This prestigious award is presented features of the Administration’s proposal, pose, including medicinal use. This provision annually to individuals who have made a life- the Administration opposes the bill as re- could impair legitimate scientific research. long contribution to the sporting community of ported because it: Previous research that H.R. 2610 might have the Greater Paterson area. Rudy Demarest Establishes numerical statutory targets for re- prohibited includes work on marinol, a syn- has earned this honor by serving as a base- ducing drug use by the year 2001 that are unre- thetic THC compound that has been found to ball coach for over 60 years and providing a alistic and unattainable in such a short time pe- stimulate the appetite of AIDS patients, and positive role model for the children of riod. The proposed goals do not take into on ibogaine, which is currently being studies consideration budget constraints, the two- to for use in treating cocaine- and heroin-de- Paterson. three-year lag between noticeable changes in pendent addictions. Rudy was born and raised in Paterson. He attitudes toward drugs and noticeable Conflicts between the proposed responsibilities attended Central High School and dem- changes in behavior, and the time needed to of the Director of ONDCP and those of other onstrated a gift for coaching at a very young E2124 CONGRESSIONAL RECORD — Extensions of Remarks October 29, 1997 age. As a freshman in 1933, Rudy coached In addition to his successes in coaching, gion.'' In selecting this theme, we will be able the School 10 baseball team to the city cham- Rudy is the proud father of four. Two of his to focus on the importance of educating our pionship. An athlete in his own right, Rudy progeny, son, Al, and granddaughter, Annette, youth as they prepare to become the leaders was invited to train with a professional team in have also been honored with awards from the of tomorrow. We will also direct our attention Florida in 1946. However, he was unwilling to Old Timers Athletic Association. The former to the role that religion plays in guiding individ- leave his wife, who was pregnant with his first driver for the Paterson News, Rudy also uals and families to assume greater respon- child, and remained in Paterson. Foregoing his serves as president of the Senior Group of sibility within the community at large. own dreams of professional athletics, Rudy Our Lady of Pompei Roman Catholic Church. Mr. Speaker, one of the highlights of the channeled his energies into coaching, serving Mr. Speaker, I ask that you join me, our col- testimonial dinner will be a tribute to three in- the Paterson area in various capacities for 64 leagues, Rudy's family and friends, the city of years. Those who have been taught the fun- Paterson, and the hundreds of Paterson youth dividuals within the Greater Cleveland commu- damentals of baseball by Rudy remember him that have benefited from Rudy's guidance in nity. The honorees are: Dr. Jerry Sue Thorn- fondly. He is well known as a coach that fo- recognizing the wisdom of the Old Timers Ath- ton, president of Cuyahoga Community Col- cused on the individual needs of each athlete, letic Association's choice of Rudy Demarest lege; Terry Butler, principal of East Technical often treating them like members of his own as the 1997 winner of the Lou Costello Ath- High School; and Imam Ahmed Abbas, a high family. Not surprisingly, Rudy often shocks letic Memorial Award. school teacher and religious leader. Each of the individuals being honored have dem- former pupils by calling them by their first f name, sometimes 20 or 30 years after he onstrated an untiring commitment to youth coached them. SALUTING THE 18TH ANNUAL TES- throughout the Greater Cleveland area. I am Rudy's distinguished career has been an TIMONIAL DINNER OF MASJID pleased that their efforts are being acknowl- unqualified success. For 14 years, he volun- BILAL edged, and I extend my personal congratula- teered his time as an assistant baseball coach tions to each of them. at John F. Kennedy High School in Paterson. HON. LOUIS STOKES Over the years, I have enjoyed a close as- Still an active member of the Passaic County OF OHIO sociation with Imam Clyde Rahman and mem- American Legion Baseball Committee, he IN THE HOUSE OF REPRESENTATIVES bers of Masjid Bilal. I note with pride the fact coached the team for Raymond Pellington that his is the first Masjid to be built on Amer- American Legion Post 260 for many years. Wednesday, October 29, 1997 ican soil, with financing for the project coming Rudy's accomplishments have not gone unno- Mr. STOKES. Mr. Speaker, I rise today to from the African-American community. Imam ticed. In 1985, he was named Paterson's recognize the 18th annual testimonial dinner Rahman is also a leader who has reached Youth Guidance Man of the Year. In 1987, of the Masid Bilal. This event will take place across racial and religious lines to promote Rudy was named the vice president of the on November 1, 1997, in my congressional universal understanding and peace. Metropolitan Semi-Pro Baseball League. In district. The Masjid Bilal is under the direction 1993, he was named commissioner of that or- of Imam Clyde Rahman. I take special pride in On the occasion of the 18th annual testi- ganization. In 1994, he was honored by the recognizing the Masjid Bilal as it marks this monial dinner, I join many others in applaud- Passaic County Coaches Association, an or- important juncture. ing Imam Rahman for his continued leadership ganization of which he has been a lifelong The theme for the 18th testimonial dinner is to the Greater Cleveland community. I salute member. ``The Lamp of Education; the Light of Reli- him and wish Masjid Bilal continued success. October 29, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2125 SENATE COMMITTEE MEETINGS 10:00 a.m. NOVEMBER 5 Indian Affairs Title IV of Senate Resolution 4, 10:00 a.m. Business meeting, to mark up H.R. 976, agreed to by the Senate on February 4, Finance to provide for the disposition of certain To hold hearings on proposals to restruc- 1977, calls for establishment of a sys- funds appropriated to pay judgement in ture the Internal Revenue Service. tem for a computerized schedule of all favor of the Mississippi Sioux Indians; SD–215 meetings and hearings of Senate com- to be followed by a hearing on provi- Judiciary mittees, subcommittees, joint commit- sions of H.R. 1604, to provide for the di- Youth Violence Subcommittee tees, and committees of conference. vision, use, and distribution of judge- To hold hearings to examine Federal ef- This title requires all such committees ment funds of the Ottawa and Chip- forts to prevent juvenile crime. to notify the Office of the Senate Daily pewa Indians of Michigan. SD–226 Digest—designated by the Rules Com- SR–485 2:00 p.m. Judiciary mittee—of the time, place, and purpose 2:00 p.m. Judiciary Technology, Terrorism, and Government of the meetings, when scheduled, and Information Subcommittee Closed Administrative Oversight and the Courts any cancellations or changes in the briefing on the 1997 ‘‘eligible receiver’’. Subcommittee meetings as they occur. SH–217 To hold hearings on oversight of the ad- As an additional procedure along 3:00 p.m. ministrative procudures and examina- with the computerization of this infor- Judiciary tion of anti-slamming laws. Technology, Terrorism, and Government mation, the Office of the Senate Daily SD–226 Digest will prepare this information for Information Subcommittee 2:30 p.m. To hold hearings to examine the report printing in the Extensions of Remarks Governmental Affairs of the President’s Commission on Criti- section of the CONGRESSIONAL RECORD International Security, Proliferation and cal Infrastructure Protection. on Monday and Wednesday of each Federal Services Subcommittee SD–226 week. To hold hearings to review the annual re- Meetings scheduled for Thursday, Oc- port of the Postmaster General. NOVEMBER 6 tober 30, 1997, may be found in the SD–342 12:00 p.m. Daily Digest of today’s RECORD. Governmental Affairs NOVEMBER 4 Oversight of Government Management, Re- MEETINGS SCHEDULED 9:30 a.m. structuring and the District of Colum- Commerce, Science, and Transportation bia Subcommittee Business meeting, to consider pending To hold hearings to examine the social OCTOBER 31 calendar business. impact of music violence. 9:30 a.m. SR–253 SD–342 Governmental Affairs 10:00 a.m. 2:00 p.m. Permanent Subcommittee on Investiga- Judiciary Judiciary tions To hold hearings on the nominations of To hold hearings to examine competi- To hold oversight hearings on the Treas- Robert S. Warshaw, of New York, to be tion, innovation, and public policy in ury Department’s Office of Inspector Associate Director, and Thomas J. General. the digital age. Umberg, of California, to be Deputy Di- SD–342 SD–226 rector for Supply Reduction, both of 10:00 a.m. 2:00 p.m. the Office of National Drug Control Foreign Relations Budget Policy. To hold hearings on pending nomina- To hold hearings to examine options for SD–226 tions. funding social security benefits in the SD–419 21st century. SD–608 CANCELLATIONS NOVEMBER 3 Judiciary 9:30 a.m. To hold hearings on the nomination of NOVEMBER 5 Governmental Affairs Seth Waxman, of the District of Co- 9:30 a.m. Permanent Subcommittee on Investiga- lumbia, to be Solicitor General of the Indian Affairs tions United States, Department of Justice. To hold oversight hearings on proposals To resume oversight hearings on the SD–226 to extend compacting to agencies of Treasury Department’s Office of In- the Department of Health and Human spector General. Services. SD–342 SR–485 Wednesday, October 29, 1997 Daily Digest

HIGHLIGHTS Senate agreed to Agriculture Appropriations Conference Report. House Committees ordered reported 11 sundry measures. Senate Little League Baseball Incorporated was established Chamber Action to support and develop Little League baseball world- Routine Proceedings, pages S11305–S11394 wide and that its international character and activi- Measures Introduced: Fifteen bills and one resolu- ties should be recognized, after agreeing to a com- tion were introduced, as follows: S. 1329–1343, and mittee amendment in the nature of a substitute. S. Res. 141. Pages S11342±43 Page S11373 Measures Reported: Reports were made as follows: Agricultural Research, Extension, and Edu- H.R. 79, to provide for the conveyance of certain cation Reform Act: Senate passed S. 1150, to ensure land in the Six Rivers National Forest in the State that federally funded agricultural research, extension, of California for the benefit of the Hoopa Valley and education address high-priority concerns with Tribe. (S. Rept. No. 105–117) national or multistate significance, to reform extend, S. 53, to require the general application of the and eliminate certain agricultural research programs, antitrust laws to major league baseball, with an after agreeing to the following amendment proposed amendment in the nature of a substitute. (S. Rept. thereto: Pages S11373±88 No. 105–118) Jeffords (for Lugar/Harkin) Amendment No. S. 967, to amend the Alaska Native Claims Settle- 1527, to make certain technical corrections, establish ment Act and the Alaska National Interest Lands a Kiwifruit Research Promotion, and Consumer In- Conservation Act to benefit Alaska natives and rural formation Program, define the National Aquaculture residents, with an amendment in the nature of a Development Plan, improve the competitiveness of substitute. (S. Rept. No. 105–119) small and medium size dairy and livestock oper- S. 661, to provide an administrative process for ations, combat disease of wheat and barley, continue obtaining a waiver of the coastwise trade laws for operation of the Food Animal Residue Avoidance certain vessels. (S. Rept. No. 105–121) Database Program, and provide assistance for certain S. 1294, to amend the Higher Education Act of rural areas. Pages S11374±76 1965 to allow the consolidation of student loans ISTEA Authorization: Senate resumed consider- under the Federal Family Loan Program and the Di- ation of S. 1173, to authorize funds for construction rect Loan Program, with an amendment in the na- of highways, for highway safety programs, and for ture of a substitute. (S. Rept. No. 105–122) mass transit programs, with a modified committee Page S11341 amendment (the modification being a substitute for Measures Passed: the text of the bill), taking action on amendments proposed thereto, as follows: Pages S11313±17 Enrollment Correction: Senate agreed to H. Con. Pending: Res. 167, to correct a technical error in the enroll- Chafee/Warner Amendment No. 1312, to provide ment of H.R. 2160. Page S11335 for a continuing designation of a metropolitan plan- Honoring Loret Miller Ruppe: Senate agreed to S. ning organization. Page S11313 Res. 123, honoring the memory of former Peace Chafee/Warner Amendment No. 1313 (to lan- Corps Director Loret Miller Ruppe. Pages S11372±73 guage proposed to be stricken by the committee Little League Baseball: Senate agreed to S. Con. amendment, as modified), of a perfecting nature. Res. 37, expressing the sense of the Congress that Page S11313 D1163 D1164 CONGRESSIONAL RECORD — DAILY DIGEST October 29, 1997 Chafee/Warner Amendment No. 1314 (to Amend- of Rule XXII of the Standing Rules of the Senate, ment No. 1313), of a perfecting nature. Page S11313 a vote on the cloture motion will occur on Friday, Motion to recommit the bill to the Committee on October 31, 1997. Page S11331 Environment and Public Works, with instructions. Nomination—Agreement: A unanimous-consent Page S11313 time-agreement was reached providing for the con- Lott Amendment No. 1317 (to instructions of the sideration of the nomination of Charles J. Siragusa, motion to recommit), to authorize funds for con- of New York, to be United States Judge for the struction of highways, for highway safety programs, Western District of New York, on Thursday, Octo- and for mass transit programs. Page S11313 ber 30, 1997. Page S11389 Lott Amendment No. 1318 (to Amendment No. 1317), to strike the limitation on obligations for ad- Military Construction Appropriations/Vetoed ministrative expenses. Page S11313 Provisions—Agreement: A unanimous-consent Subsequently, the bill was returned to the Senate agreement was reached providing for the consider- calendar. Page S11389 ation of S. 1292, disapproving the cancellations transmitted by the President on October 6, 1997, Agriculture Appropriations, 1998—Conference regarding Public Law 105–45, on Thursday, October Report: Senate agreed to the conference report on 30, 1997. Page S11389 H.R. 2160, making appropriations for Agriculture, Rural Development, Food and Drug Administration, Messages From the President: Senate received the and Related Agencies programs for the fiscal year following messages from the President of the United ending September 30, 1998, clearing the measure for States: the President. Pages S11335±39 Transmitting the report of achievements in aero- nautics and space for fiscal year 1996; referred to the Education Savings Act for Public and Private Committee on Commerce, Science, and Transpor- Schools—Cloture Filed: A motion was entered to tation. (PM–75). Pages S11340±41 close further debate on H.R. 2646, to amend the In- ternal Revenue Code of 1986 to allow tax-free ex- Nominations Confirmed: Senate confirmed the fol- penditures from education individual retirement ac- lowing nominations: counts for elementary and secondary school expenses, By 99 yeas to 1 nay (Vote No. 284 EX), William and to increase the maximum annual amount of con- E. Kennard, of California, to be a Member of the tributions to such accounts and, in accordance with Federal Communications Commission for a term of the provisions of Rules XXII of the Standing Rules five years from July 1, 1996. of the Senate, a vote on the cloture motion will Harold C. Pachios, of Maine, to be a Member of occur on Friday, October 31, 1997. Pages S11321±22 the United States Advisory Commission on Public Intelligence Authorizations—Conference Report: Diplomacy for a term expiring July 1, 1999. Senate began consideration of a motion to proceed to Paula Dobriansky, of Maryland, to be a Member the consideration of the conference report on S. 858, of the United States Advisory Commission of Public to authorize appropriations for fiscal year 1998 for Diplomacy for a term expiring July 1, 1998. intelligence and intelligence-related activities of the R. Nicholas Burns, of Virginia, to be Ambassador United States Government, the Community Manage- to Greece. ment Account, and the Central Intelligence Agency Tom McDonald, of Ohio, to be Ambassador to Retirement and Disability System. Pages S11323±31 the Republic of Zimbabwe. During consideration of this motion today, Senate Mark Robert Parris, of Virginia, to be Ambas- took the following action: sador to the Republic of Turkey. By 78 yeas to 20 nays (Vote No. 285), Senate Pages S11305±13, S11388±89, S11394 agreed to a motion to table Gramm motion to post- Nominations Received: Senate received the follow- pone the motion to proceed to consideration of the ing nominations: conference report until January 15, 1998. 1 Army nomination in the rank of general. Pages S11323±31 Routine lists in the Navy and Coast Guard. Subsequently, Hutchison Amendment No. 1526 Pages S11390±94 (to the motion to postpone the motion to proceed), to make the effective date January 18, 1998, fell Messages From the President: Pages S11340±41 when the motion to table the motion to proceed was Messages From the House: Page S11341 agreed to. Pages S11323±31 Petitions: Page S11341 A motion was entered to close further debate on the motion to proceed to consideration of the con- Executive Reports of Committees: Pages S11341±42 ference report and, in accordance with the provisions Statements on Introduced Bills: Pages S11343±64 October 29, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1165

Additional Cosponsors: Pages S11364±65 ciation; and Michael A. Perino, Stanford University Amendments Submitted: Pages S11366±68 School of Law, Stanford, California. Authority for Committees: Pages S11368±69 NATO ENLARGEMENT Additional Statements: Pages S11369±72 Committee on the Budget: Committee concluded hear- ings to examine certain implications of NATO en- Record Votes: Two record votes were taken today. largement on the United States economy, European (Total–285) Pages S11312±13, S11330±31 Union expansion, and the European Monetary Adjournment: Senate convened at 11 a.m., and ad- Union, after receiving testimony from James A. journed at 6:20 p.m., until 10 a.m., on Thursday, Baker, Baker and Botts, former Secretary of State October 30, 1997. (For Senate’s program, see the re- and Secretary of the Treasury, and Susan Eisenhower, marks of the Acting Majority Leader in today’s Center for Political and Strategic Studies, both of Record on page S11389.) Washington, D.C. AVIATION ACCIDENT COMPENSATION Committee Meetings Committee on Commerce, Science, and Transpor- (Committees not listed did not meet) tation:Committee concluded hearings on S. 943 and H.R. 2005, bills to allow a dependent of a victim NUCLEAR WEAPONS STOCKPILE of an international aviation accident occurring on or after January 1, 1995, to sue for pecuniary loss, after Committee on Appropriations: Subcommittee on Energy receiving testimony from Senator Specter; Hans and Water Development held hearings to examine Ephraimson-Abt, Ridgewood, New Jersey, on behalf certain funding issues with regard to how the De- of the American Association for Families of KAL partment of Energy’s Stockpile Stewardship and 007 Victims; A. Frank Carven, III, Bel Air, Mary- Management program maintains the safety and reli- land, on behalf of the Families of TWA Flight 800 ability of the nation’s nuclear weapons stockpile, re- Association, Inc.; William Huggett, Huggett Law ceiving testimony from Federico Pen˜a, Secretary, and Firm, Miami, Florida; and Andrew J. Harakas, Stam- Victor H. Reis, Assistant Secretary for Defense Pro- ford, Connecticut. grams, both of the Department of Energy; and Har- old P. Smith, Jr., Assistant to the Secretary for Nu- NOAA CORPS clear and Chemical and Biological Defense Programs, Committee on Commerce, Science, and Transpor- and Franklin C. Miller, Acting Assistant Secretary tation:Subcommittee on Oceans and Fisheries con- for International Security Policy, both of the Depart- cluded hearings to examine the future of the Na- ment of Defense. tional Oceanic and Atmospheric Administration Subcommittee recessed subject to call. Corps, and related proposals, including S. 877, to SECURITIES LITIGATION STANDARDS disestablish NOAA’s Corps of Commissioned Offi- cers while maintaining NOAA’s services for manag- Committee on Banking, Housing, and Urban Af- ing the nation’s natural resources and improving the fairs:Subcommittee on Securities concluded hearings cost-effectiveness of the program, after receiving tes- on S. 1260, to limit the conduct of securities class timony from D. James Baker, Under Secretary for actions under State law by setting national standards Oceans and Atmosphere, and Frank DeGeorge, In- for stocks that are traded on the national markets, spector General, both of the Department of Com- after receiving testimony from Representatives merce; L. Nye Stevens, Director, Federal Manage- White and Eshoo; Arthur Levitt, Jr., Chairman, and ment and Workforce Issues, General Government Isaac C. Hunt, Commissioner, both of the Securities Division, General Accounting Office; Christian and Exchange Commission; Mayor Harry Smith, Andreasen, International Hydrographic Organization, Greenwood, Mississippi, on behalf of the National North Potomac, Maryland; Cheryl Glang, NOAA League of Cities; Herbert E. Milstein, Cohen, Officers’ Wives Club, Germantown, Maryland; and Milstein, Hausfeld, and Toll, Washington, D.C., on Whitemarsh S. Smith, III, Charleston Branch Pilots’ behalf of the National Association of Securities and Association, Charleston, South Carolina. Commercial Law Attorneys; Thomas E. O’Hara, Royal Oaks, Michigan, on behalf of the National As- MOUNT ST. HELENS MINERAL RIGHTS sociation of Investors Corporation; Robert C. Hinck- Committee on Energy and Natural Resources: Sub- ley, Xilinx, Inc., San Jose, California, on behalf of committee on National Parks, Historic Preservation the American Electronics Association; Daniel and Recreation concluded hearings on S. 638, to Cooperman, Oracle Corporation, Redwood Shores, provide for acquisition of private mineral rights held California, on behalf of the Software Publishers Asso- by Burlington Northern Incorporated and the D1166 CONGRESSIONAL RECORD — DAILY DIGEST October 29, 1997 Weyerhauser Company within the Mount St. Helens Republic of Croatia, Harriet C. Babbitt, of Arizona, National Volcanic Monument, after receiving testi- to be Deputy Administrator, Terrence J. Brown, of mony from Robert Anderson, Deputy Assistant Di- Virginia, to be Assistant Administrator for Manage- rector, Minerals, Realty, and Resource Protection, ment, and Thomas H. Fox, of the District of Colum- Bureau of Land Management, Department of the In- bia, to be Assistant Administrator for Policy and terior; George Sharp, Weyerhauser Company, Ta- Program Coordination, all of the Agency for Inter- coma, Washington; John S. Geyer, Burlington Re- national Development, Amy L. Bondurant, of the sources Oil and Gas Co., Denver, Colorado; and District of Columbia, to be Representative of the Harry J. Olson, Lakewood, Colorado. United States to the Organization for Economic Co- BUSINESS MEETING operation and Development, with the rank of Am- bassador, Kirk K. Robertson, of Virginia, to be Ex- Committee on Environment and Public Works: Commit- ecutive Vice President of the Overseas Private In- tee ordered favorably reported the following business items: vestment Corporation, Joseph A. Presel, of Rhode Is- The nomination of Kenneth R. Wykle, of Vir- land, to be Ambassador to the Republic of ginia, to be Administrator of the Federal Highway Uzbekistan, Stanley Tuemler Escudero, of Florida, to Administration, Department of Transportation; be Ambassador to the Republic of Azerbaijan, B. Provisions of H.R. 1658, authorizing funds for fis- Lynn Pascoe, of Virginia, for the rank of Ambassador cal years 1998 through 2000 for programs of the At- during his tenure of Service as Special Negotiator for lantic Striped Bass Conservation Act, with an Nagorno-Karabakh, Steven Karl Pifer, of California, amendment; to be Ambassador to Ukraine, Lyndon Lowell Olson, S. 1258, to prohibit illegal aliens from receiving Jr., of Texas, to be Ambassador to Sweden, Gerald relocation assistance associated with Federal projects S. McGowan, of Virginia, to be Ambassador to the and grants, with an amendment; Republic of Portugal, Kathryn Linda Haycock S. 1219, to require the establishment of a research Proffitt, of Arizona, to be Ambassador to the Repub- and grant program for the eradication or control of lic of Malta, James Catherwood Hormel, of Califor- Pfiesteria piscicida and other aquatic toxins, with an nia, to be Ambassador to Luxembourg, and David B. amendment; and Hermelin, of Michigan, to be Ambassador to Nor- S. 1324, to deauthorize a portion of the federal way, after the nominees testified and answered ques- navigation channel at Bernard Bayou, Mississippi. tions in their own behalf. Ms. Babbitt was intro- duced by Senator McCain, Ms. Bondurant was intro- NOMINATIONS duced by Senators Ford and Hollings, Mr. Robertson Committee on Finance: Committee ordered favorably was introduced by Senators Bumpers, Hutchinson, reported the nominations of David L. Aaron, of New and Bond, Ms. Proffitt was introduced by Senator York, to be Under Secretary of Commerce for Inter- Dorgan, Mr. McGowan was introduced by Senators national Trade, Mary Ann Cohen, of California, to be Abraham and Levin, Mr. Olson was introduced by a Judge of the United States Tax Court, Margaret Senator Hutchison, Mr. Hormel was introduced by Ann Hamburg, of New York, to be an Assistant Senators Feinstein and Boxer, and Mr. Hermelin was Secretary of Health and Human Services, Stanford G. introduced by Senators Abraham and Levin. Ross, of the District of Columbia, to be a Member of the Social Security Advisory Board, David W. U.S.-MEXICO COUNTERDRUG EFFORTS Wilcox, of Virginia, to be an Assistant Secretary of the Treasury, and Charles Rossotti, of the District of Committee on Foreign Relations: Committee concluded Columbia, to be Commissioner of Internal Revenue, joint hearings with the Caucus on International Nar- Department of the Treasury. cotics Control to examine United States-Mexican co- Prior to this action, committee concluded hearings operation on counter-narcotics efforts, after receiving on the nominations of Mr. Aaron, Ms. Cohen, Ms. testimony from Barry R. McCaffrey, Director, Office Hamburg, Mr. Ross and Mr. Wilcox (all listed of National Drug Control Policy; Thomas J. Kneir, above), after the nominees testified and answered Deputy Assistant Director, Federal Bureau of Inves- questions in their own behalf. Mr. Aaron was intro- tigation, and James S. Milford, Jr., Acting Deputy duced by Senator Baucus, and Ms. Hamburg was in- Administrator, and Donald F. Ferrarone, former Spe- troduced by Senators D’Amato and Moynihan. cial Agent-in-Charge, Houston Field Division, both of the Drug Enforcement Administration, all of the NOMINATIONS Department of Justice; Jeffrey Davidow, Assistant Committee on Foreign Relations: Committee concluded Secretary of State for Inter-American Affairs; Samuel hearings on the nominations of William Dale Mont- H. Banks, Acting Commissioner, United States Cus- gomery, of Pennsylvania, to be Ambassador to the toms Service, Department of the Treasury; and Roy October 29, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1167 Godson, Georgetown University/National Strategy son was introduced by Senators Specter and Information Center, Washington, D.C. Santorum and Representatives Foglietta and Fattah. GLOBAL TOBACCO SETTLEMENT CAMPAIGN FINANCING INVESTIGATION Committee on the Judiciary: Subcommittee on Anti- Committee on Governmental Affairs: Committee re- trust, Business Rights and Competition concluded sumed hearings to examine certain matters with re- hearings to examine certain antitrust implications of gard to the committee’s special investigation on the proposed settlement between State Attorneys campaign financing, receiving testimony from Lanny General and tobacco companies to mandate a total A. Breuer, Special Counsel to the President; Michael reformation and restructuring of how tobacco prod- X. Imbroscio, Associate Counsel to the President; ucts are manufactured, marketed and distributed in and Charles Ruff, Chief White House Counsel; and America, after receiving testimony from Robert Richard Jenrette, Equitable Life Insurance Company, Pitofsky, Chairman, Federal Trade Commission; New York, New York. Meyer Koplow, Wachtell, Lipton, Rosen, and Katz, Hearings continue tomorrow. New York, New York; and Frank J. Chaloupka, IV, University of Illinois, Chicago. NOMINATIONS Committee on the Judiciary: Committee concluded INDIAN GAMING REGULATION hearings on the nominations of James S. Ware, of Committee on Indian Affairs: Committee concluded California, to be United States Circuit Judge for the hearings on S. 1077, to amend the Indian Gaming Ninth Circuit, Lynn S. Adelman, to be United States Regulatory Act to revise certain definitions and to District Judge for the Eastern District of Wisconsin, establish the Federal Indian Gaming Regulatory Charles R. Breyer, to be United States District Commission as an independent United States agency Judge for the Northern District of California, Frank to establish minimum Federal standards for back- C. Damrell, Jr., to be United States District Judge ground investigations, internal control systems, and for the Eastern District of California, Martin J. Jen- licensing, after receiving testimony from Senator kins, to be United States District Judge for the Feinstein and Bryan; David Hayes, Counselor to the Northern District of California, Michael P. Secretary of the Interior; Kevin Di Gregory, Deputy McCuskey, to be United States District Judge for Assistant Attorney General, Criminal Division, De- the Central District of Illinois, G. Patrick Murphy, partment of Justice; Tadd Johnson, National Indian to be United States District Judge for the Southern Gaming Commission, Raymond C. Scheppach, Na- District of Illinois, and Frederica A. Massiah-Jack- tional Governors’ Association, Ernie Stevens, Jr., Na- son, to be United States District Judge for the East- tional Congress of American Indians, and Richard G. ern District of Pennsylvania, after the nominees tes- Hill, National Indian Gaming Association, all of tified and answered questions in their own behalf. Washington, D.C.; Anthony R. Pico, Viejas Band of Messrs. Ware, Breyer, Damrell, and Jenkins were in- Kumeyaay Indians, Alpine, California; Milo Yellow troduced by Senators Feinstein and Boxer, Mr. Hair, Oglala Sioux Tribe, Pine Ridge, South Dakota, Adelman was introduced by Senators Kohl and on behalf of the Great Plains Indian Gaming Asso- Feingold, Mr. McCuskey was introduced by Senators ciation; David Kwail, Yavapai-Apache Indian Na- Moseley-Braun and Durbin and Representative tion, Phoenix, Arizona; and Frank L. Chaves, New Evans, Mr. Murphy was introduced by Senators Mexico Indian Gaming Association, Bernalillo, New Moseley-Braun and Durbin, and Ms. Massiah-Jack- Mexico. h House of Representatives H.R. 2645, to make technical corrections related Chamber Action to the Taxpayer Relief Act of 1997 and certain other Bills Introduced: 16 public bills, H.R. 2757–2772; tax legislation, amended (H. Rept. 105–356); and and 5 resolutions, H. Con. Res. 180–181, and H. H. Res. 288, providing for consideration of H.R. Res. 286, 287, and 289, were introduced. Page H9729 2746, to amend title VI of the Elementary and Sec- Reports Filed: Reports were filed as follows: ondary Education Act of 1965 to give parents with low incomes the opportunity to choose the appro- priate school for their children; and H.R. 2616, to D1168 CONGRESSIONAL RECORD — DAILY DIGEST October 29, 1997 amend titles VI and X of the Elementary and Sec- permanent extension of Section 245(i) of the Immi- ondary Education Act of 1965 to improve and ex- gration and Nationality Act. Pages H9642±55 pand charter schools (H. Rept. 105–357). Page H9728 Nuclear Waste Policy Act: The House completed Condolence Resolution: Agreed to H. Res. 286, general debate and began considering amendments expressing the condolences of the House on the to H.R. 1270, to amend the Nuclear Waste Policy death of the Honorable Walter H. Capps, a Rep- Act of 1982. Pages H9631±38, H9655±H9706 resentative from the State of California. Pursuant to section 426(b)(3) of the Congressional Pages H9617±27 Budget Act of 1974, the House agreed to consider Motion to Adjourn: Rejected the Ensign motion to the bill by a yea and nay vote of 312 yeas to 105 adjourn by a yea and nay vote of 29 yeas to 374 nays, Roll No. 542. Pages H9655±57 nays, Roll No. 535. Page H9631 Agreed To: The Dan Schaefer of Colorado amendment, as Question of Privilege of the House: The Speaker modified, that clarifies the applicability of provisions ruled that H. Res. 287, relating to a question of the to other Federal law; directs the Department of En- privileges of the House, did constitute a question of ergy to minimize the transportation of hazardous privilege of the House and was in order. Subse- materials and nuclear waste through populated areas; quently, agreed to table the resolution by a yea and directs the Department of Transportation to establish nay vote of 218 yeas to 200 nays with 1 voting procedures, within one year, for the selection of pre- ‘‘present’’, Roll No. 537. Pages H9638±39 ferred rail routes for the transportation of spent nu- Suspensions: The House agreed to suspend the rules clear fuel or radioactive waste; and specifies emer- and pass the following measures that were debated gency responder training standards for persons re- on October 28: sponsible for responding to emergency situations oc- Dollars to Classrooms: H. Res. 139, amended, ex- curring during the removal and transportation of pressing the sense of the House of Representatives spent nuclear and high level radioactive waste; that the Department of Education, States, and local Pages H9690±91 education agencies should spend a greater percentage The Kildee amendment that defines ‘‘affected In- of Federal education tax dollars in our children’s dian tribe’’ to qualify the Indian tribe for affects of classrooms (agreed to by a yea and nay vote of 310 an interim storage facility or repository that are sub- yeas to 99 nays, Roll No. 538); Page H9640 stantial and adverse (agreed to by a recorded vote of 408 ayes to 10 noes, Roll No. 543); Pages H9691±93 J. Roy Rowland Federal Courthouse: H.R. 1484, amended, to redesignate the Dublin Federal Court- The Traficant amendment that requires that only house building located in Dublin, Georgia, as the J. nuclear waste produced in the United States can be Roy Rowland Federal Courthouse (passed by a yea stored in any repository established in the bill and nay vote of 414 yeas with none voting ‘‘nay’’, (agreed to by a recorded vote of 407 ayes to 11 noes, Roll No. 539). Agreed to amend the title; and Roll No. 544); Pages H9691±93 Pending: Pages H9640±41 The Ensign amendment was offered that seeks to David W. Dyer Federal Courthouse: H.R. 1479, ensure that a risk assessment study and cost benefit amended, to designate the Federal building and analysis are conducted prior to action being taken United States courthouse located at 300 Northeast under the act; Pages H9693±96 First Avenue in Miami, Florida, as the ‘‘David W. The Gibbons amendment was offered that seeks to Dyer Federal Courthouse’’ (passed by yea and nay specify that the Governor of each State with nuclear vote of 411 yeas with none voting ‘‘nay’’, Roll No. waste routes shall certify that emergency response 540). Agreed to amend the title. Pages H9641±42 teams exist and can manage any nuclear accident be- Motion to Instruct Conferees—Commerce, Jus- fore transportation can be implemented; tice, State, Judiciary Appropriations: By a yea and Pages H9696±98 nay vote of 153 yeas to 268 nays with 1 voting The Ensign amendment was offered that seeks to ‘‘present’’, Roll No. 541, rejected the Rohrabacher require that before any shipments occur, Congress motion to instruct conferees on H.R. 2267, making must have appropriated funds to ensure adequate appropriations for the Departments of Commerce, emergency response teams along the transportation Justice, and State, the Judiciary, and related agencies route; Pages H9698±H9700 for the fiscal year ending September 30, 1998, and The Markey amendment was offered that seeks to to insist on the House’s disagreement with Section strike provisions that prevent EPA from setting radi- 111 of the Senate amendment which provides for a ation protection standards; Pages H9700±03 October 29, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1169 The Gibbons amendment was offered that seeks to COMMODITY FUTURES TRADING delete the 1 mill cap and gives the Secretary of En- COMMISSION’S GOVERNMENT ergy the authority to assess a fee on the existing re- PERFORMANCE RESULTS ACT REPORT actors; and Pages H9703±05 Committee on Agriculture: Subcommittee on Risk Man- The Traficant amendment was offered that seeks agement and Specialty Crops held a hearing on the to express the sense of Congress that all material and Review of the Commodity Futures Trading Commis- services purchased pursuant to the bill should be sion’s Government Performance Results Act Report. from the United States; requires a notice describing Testimony was heard from public witnesses. the requirement to purchase American-made equip- ment and products; and prohibits contracts with per- PARK SERVICE HOUSING AND sons falsely labeling products as made in America. CONSTRUCTION Pages H9705±06 Committee on Appropriations: Subcommittee on Interior Earlier, the House agreed to H. Res. 283, the rule held a hearing on Park Service Housing and Con- that provided for consideration of the bill by a yea struction. Testimony was heard from the following and nay vote of 259 yeas to 155 nays, Roll No. 536. officials of the Department of the Interior: Wilma A. Pages H9631±38 Lewis, Inspector General; Paul Henne, Acting As- Presidential Message—Aeronautics and Space: sistant Director, Administration, Fish and Wildlife Read a message from the President wherein he trans- Service; Mat Millenbach, Deputy Director, Bureau of Land Management; Robert Stanton, Director, Dennis mitted his report concerning the Nation’s achieve- Galvin, Deputy Director, and Charlie Clapper, As- ments in aeronautics and space during fiscal year sistant Director, Denver Service Center, all with the 1996—referred to the Committee on Science. National Park Service; Barry T. Hill, Associate Di- Page H9706 rector (Energy, Resources and Science), GAO; and Forage Improvement Act: The House completed Lyle Laverty, Director, Recreation, Heritage and debate on H. Res. 284, the rule providing for con- Wilderness Resources Management, Forest Service, sideration of H.R. 2493, to establish a mechanism USDA. by which the Secretary of Agriculture and the Sec- retary of the Interior can provide for uniform man- CHILD HEALTH agement of livestock grazing on Federal lands. Committee on Appropriations: Subcommittee on Labor, Pages H9706±08 Health and Human Services, and Education held a Senate Messages: Message received from the Senate hearing on Child Health. Testimony was heard from today appears on page H9617. the following officials of the Department of Health and Human Services: Duane Alexander, M.D., Direc- Amendments: Amendments ordered printed pursu- tor, National Institute of Child Health and Human ant to the rule appear on page H9730. Development; Alan Leshner, M.D., Director, Na- Quorum Calls—Votes: Eight yea-and-nay votes and tional Institute of Drug Abuse; Steven E. Hyman, two recorded votes developed during the proceedings M.D., Director, National Institute of Mental Health; of the House today and appear on pages H9631, Audrey Nora, M.D., Director, Maternal and Child H9638, H9639, H9640, H9640–41, H9641–42, Health Bureau, Health Resources and Services Ad- H9655, H9656–57, H9692–93, and H9693. There ministration; and James Marks, M.D., Director, Na- were no quorum calls. tional Center for Chronic Disease Prevention and Adjournment: Met at 10 a.m. and pursuant to the Health Promotion, Centers for Disease Control and provisions of H. Res. 286, adjourned at 10:43 p.m. Prevention; and Ernest Wynder, M.D., President, in memory of the late Honorable Walter H. Capps American Health Foundation. of California. MEDICARE HOME HEALTH Committee on Commerce: Subcommittee on Oversight and Investigations held a hearing on Medicare Home Committee Meetings Health. Testimony was heard from the following of- ficials of the Department of Health and Human AGRICULTURAL RESEARCH EXTENSION Services: June Gibbs Brown, Inspector General; and AND EDUCATION REAUTHORIZATION Linda Ruiz, Director, Program Integrity, Health ACT Care Financing Administration; Charles L. Owens, Committee on Agriculture: Ordered reported amended Chief, Financial Crimes Section, FBI, Department of H.R. 2534, Agricultural Research Extension and Justice; William J. Scanlon, Director, Health Sys- Education Reauthorization Act of 1997. tems Issues, GAO; and public witnesses. D1170 CONGRESSIONAL RECORD — DAILY DIGEST October 29, 1997 MISCELLANEOUS MEASURES stan and emphasizing the need for a peaceful politi- Committee on Commerce: Subcommittee on Tele- cal settlement in that country. communications, Trade, and Consumer Protection MISCELLANEOUS MEASURES approved for full Committee action amended the fol- Committee on the Judiciary: Ordered reported the fol- lowing bills: H.R. 2691, National Highway Traffic lowing measures: H.R. 1023, amended, Ricky Ray Safety Administration Reauthorization Act of 1997; Hemophilia Relief Fund Act of 1997; H.R. 1753, and H.R. 2369, Wireless Privacy Enhancement Act amended, to provide for the establishment of not less of 1997. than 2,500 Boys and Girls Clubs of America facili- Prior to this action, the Subcommittee held a ties by the year 2000; H.R. 2460, Wireless Tele- hearing on H.R. 2691. Testimony was heard from phone Protection Act; H.R. 429, NATO Special Im- Philip Recht, Deputy Administrator, National High- migration Amendments of 1997; H.J. Res. 91, way Traffic Safety Administration, Department of amended, granting the consent of Congress to the Transportation; and public witnesses. Apalachicola-Chattahoocee-Flint River Basin Com- AMERICAN WORKER—CROSSROADS pact; H.J. Res. 92, amended, granting the consent PROJECT—FUTURE OF WORK IN AMERICA of Congress to the Alabama-Cossa Tallapoose River Committee on Education and the Workforce: Subcommit- Basin Compact; H.J. Res. 95, granting the consent tee on Oversight and Investigations held a hearing of Congress to the Chickasaw Trail Economic Devel- on the American Worker at a Crossroads Project, opment Compact; H.J. Res. 96, granting the consent ‘‘Future of Work in America’’. Testimony was heard and approval of Congress for the State of Maryland, from Edward Montgomery, Chief Economist, De- the Commonwealth of Virginia, and the District of partment of Labor; William Brock, former Secretary Columbia to amend the Washington Metropolitan of Labor; and public witnesses. Area Transit Regulation Compact. The Committee also considered private immigra- OVERSIGHT REPORT—PERSIAN GULF WAR tion bills. VETERANS’ ILLNESSES GUAM LEGISLATION Committee on Government Reform and Oversight: Sub- committee on Human Resources approved for full Committee on Resources: Held a hearing on the follow- Committee action the following draft report: ‘‘Over- ing bills: H.R. 100, Guam Commonwealth Act; sight Report on Gulf War Veterans’ Illnesses: VA, H.R. 2370, Guam Judicial Empowerment Act of DOD Continue to Resist Strong Evidence Linking 1997; and S. 210, to amend the Organic Act of Toxic Causes to Chronic Health Effects’’. Guam, the Revised Organic Act of the Virgin Is- lands, and the Compact of Free Association Act. Tes- RECENT DEVELOPMENTS IN EUROPE timony was heard from Senator Akaka; Representa- Committee on International Relations: Held a hearing on tives Mink of Hawaii and Becerra; the following offi- Recent Developments in Europe. Testimony was cials of the Department of the Interior: John R. heard from Ambassador Marc Grossman, Assistant Garamendi, Deputy Secretary; and Allen Staymen, Secretary, Bureau of European and Canadian Affairs, Director, Office of Insular Affairs; the following offi- Department of State. cials of Guam: Carl T.C. Gutierrez, Governor; An- MISCELLANEOUS MEASURES thony C. Blaz, Vice Speaker; Mark Forbes, Chair- man, Senate Committee on Federal Affairs; and Ben Committee on International Relations: Subcommittee on Pangelinan, member, Senate; all with the Legisla- Asia and the Pacific, approved for full Committee ture; Peter C. Signenza, Chief Justice, Supreme action the following resolutions: H. Res. 282, Court and Alberto C. Lamorena, III, Presiding amended, Congratulating the Association of South- Judge, Superior Court; Ben Blaz, former Delegate, east Asian Nations (ASEAN) on the occasion of its U.S. House of Representatives; and public witnesses. 30th Anniversary; H. Con. Res. 172, amended, ex- pressing the sense of Congress in support of efforts HELPING EMPOWER LOW-INCOME to foster friendship and cooperation between the PARENTS (HELP) SCHOLARSHIPS United States and Mongolia; H. Res. 231, amended, AMENDMENTS AND CHARTER SCHOOLS urging the President to make clear to the Govern- AMENDMENTS ACT ment of the Socialist Republic of Vietnam the com- Committee on Rules: Granted, by voice vote, a rule mitment of the American people in support of de- providing for consideration of H.R. 2746, Helping mocracy and religious and economic freedom for the Empower Low-income Parents (HELP) Scholarships people of the Socialist Republic of Vietnam; and H. Amendments of 1997, in the House under a closed Con. Res. 156, amended, expressing concern for the rule. The rule provides for two hours of debate continued deterioration of human rights in Afghani- equally divided and controlled by the chairman and October 29, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1171 ranking minority member of the Committee on Edu- SBA IMPLEMENTATION OF THE RESULTS cation and the Workforce. The rule provides one ACT motion to recommit. The rule also provides for the Committee on Small Business: Held a hearing on SBA consideration of H.R. 2616, Charter Schools Amend- implementation of the Results Act. Testimony was ments Act of 1997, under an open rule. The rule heard from Paul Weech, Chief of Staff, SBA; Stanley provides one hour of general debate equally divided J. Czerwinski, Associate Director, Housing and and controlled by the chairman and ranking minor- Community Development, GAO; and public wit- ity member of the Committee on Education and the nesses. Workforce. The rule makes in order the Committee MISCELLANEOUS MEASURES; RESOLUTIONS on Education and the Workforce amendment in the nature of a substitute as an original bill for the pur- Committee on Transportation and Infrastructure: Ordered pose of amendment, which shall be considered as reported amended the following bills: H. R. 2626, read. The rule provides for the consideration of the to make clarifications to the Pilot Records Improve- ment Act of 1996; H.R. 2476, to amend title 49, manager’s amendment printed in the report of the United States Code, to require the National Trans- Committee on Rules, if offered by Chairman Good- portation Safety Board and individual foreign air car- ling or his designee, which is considered as read, is riers to address the needs of families of passengers not subject to amendment or to a division of the involved in aircraft accidents involving foreign air question, is debatable for 10 minutes equally divided carriers. between the proponent and an opponent, and if The Committee also approved the following: 10 adopted, is considered as part of the base text for leasing resolutions; three amendments to previously further amendment purposes. The rule authorizes the approved resolutions; 1 repair and alteration resolu- Chair to accord priority in recognition to Members tion; and 1 design resolution. who have preprinted their amendments in the Con- SUPERFUND REAUTHORIZATION AND gressional Record. The rule allows the Chairman of REFORM LEGISLATION the Committee of the Whole to postpone votes dur- ing consideration of the bill, and to reduce votes to Committee on Transportation and Infrastructure: Sub- five minutes on a postponed question if the vote fol- committee on Water Resources and Environment lows a fifteen minute vote. The rule provides one held a hearing on superfund reauthorization and re- motion to recommit with or without instructions. form proposals. Testimony was heard from Carol The rule provides that in the engrossment of H.R. Browner, Administrator, EPA; Christophe Tulou, Secretary, Department of Natural Resources and En- 2616, the Clerk shall add the text of H.R. 2746, as vironmental Control, State of Delaware; Paul passed by the House, as a new matter at the end of Helmke, Mayor, Fort Wayne, State of Indiana; and H.R. 2616 and make conforming and designation public witnesses. changes within the engrossment. The rule provides that upon the addition of the text of H.R. 2746 to the engrossment of H.R. 2616, H.R. 2746 shall be Joint Meetings laid on the table. Finally, the rule provides that H. ECONOMIC OUTLOOK AND MONETARY Res. 280 is laid upon the table. Testimony was POLICY heard from Chairman Goodling and Representatives Joint Economic Committee: Committee concluded hear- Riggs, Martinez, Roemer, Scott, Clyburn, and ings to examine the national economic outlook and Hooley. monetary policy, focusing on the impact of recent developments in world financial markets on the SMET—K–12 EDUCATION American economy, after receiving testimony from Committee on Science: Held a hearing on Science, Math, Alan Greenspan, Chairman, Board of Governors of Engineering, and Technology Education (SMET) in the Federal Reserve System. America—Collaboration and Coordination of Federal APPROPRIATIONS—FOREIGN ASSISTANCE Agency Efforts in SMET K–12 Education. Testi- Conferees on Tuesday, October 28, met on the dif- mony was heard from Clifford Gabriel, Acting Asso- ferences between the Senate- and House-passed ver- ciate Director, Science Division, Office of Science sions of H.R. 2159, making appropriations for for- and Technology Policy; David E. Shaw, Chairman, eign operations, export financing, and related pro- Panel on Educational Technology, President’s Com- grams for the fiscal year ending September 30, 1998, mittee on Advisors on Science and Technology; and but did not complete action thereon, and recessed public witnesses. subject to call. D1172 CONGRESSIONAL RECORD — DAILY DIGEST October 29, 1997 NEW PUBLIC LAWS Committee on Foreign Relations, to hold hearings to exam- ine the relationship between NATO and Russia, 9:30 (For last listing of Public Laws, see DAILY DIGEST p. D1150) a.m. and 2 p.m., SD–419. H.R. 2158, making appropriations for the Depart- Committee on Governmental Affairs, to hold hearings on ments of Veterans Affairs and Housing and Urban the nominations of Anita M. Josey and John M. Camp- Development, and for sundry independent agencies, bell, each to be Associate Judge of the Superior Court of commissions, corporations, and offices for the fiscal the District of Columbia, 9 a.m., SD–342. year ending September 30, 1998. Signed October Full Committee, to continue hearings to examine cer- 27, 1997. (P.L. 105–65) tain matters with regard to the committee’s special inves- H.R. 2169, making appropriations for the Depart- tigation on campaign financing, 10 a.m., SH–216. ment of Transportation and related agencies for the Committee on the Judiciary, Subcommittee on Adminis- fiscal year ending September 30, 1998. Signed Octo- trative Oversight and the Courts, to hold hearings to ex- ber 27, 1997. (P.L. 105–66) amine victim compensation and attorneys’ fees with re- f gard to class action lawsuits, 2 p.m., SD–226. Committee on Labor and Human Resources, to hold hear- COMMITTEE MEETINGS FOR THURSDAY, ings to examine recent developments and current issues in HIV/AIDS, 10 a.m., SD–430. OCTOBER 30, 1997 Committee on Rules and Administration, to hold hearings (Committee meetings are open unless otherwise indicated) to examine the Senate strategic planning process for infra- structure support; to be followed by a business meeting Senate to consider pending administrative matters, 9 a.m., Committee on Agriculture, Nutrition, and Forestry, business SR–301. meeting, to consider the nominations of Sally Thompson, Committee on Veterans Affairs, to hold hearings on the of Kansas, to be Chief Financial Officer, Department of nominations of Richard J. Griffin, of Illinois, to be In- Agriculture, and Joseph B. Dial, of Texas, to be a Com- spector General, and Joseph Thompson, of New York, to missioner of the Commodity Futures Trading Commis- be Under Secretary for Benefits, both of the Department sion, 9:15 a.m., SR–332. of Veterans Affairs, William P. Greene Jr., of West Vir- Committee on Armed Services, to hold hearings on the ginia, to be an Associate Judge of the United States nominations of Robert M. Walker, of Tennessee, to be Court of Veterans Appeals, and Espiridion A. Borrego, of Under Secretary of the Army, Jerry MacArthur Hultin, of Texas, to be Assistant Secretary of Labor for Veterans’ Virginia, to be Under Secretary of the Navy, and F. Employment and Training, 5 p.m., SR–418. Whitten Peters, of the District of Columbia, to be Under Committee on Indian Affairs, to hold hearings on the Secretary of the Air Force, 10:30 a.m., SR–222. nomination of Kevin Gover, of New Mexico, to be Assist- Committee on Banking, Housing, and Urban Affairs, to ant Secretary of the Interior for Indian Affairs, 9:30 a.m., hold hearings on the implementation of the Iran-Libya SD–G50. Sanctions Act, 10 a.m., SD–538. Committee on the Budget, to hold hearings to examine NOTICE funding for international affairs, 2 p.m., SD–608. Committee on Commerce, Science, and Transportation, to For a listing of Senate committee meetings sched- hold hearings on the nominations of William Clyburn, uled ahead, see page E2125 in today’s Record. Jr., of South Carolina, to be a Member of the Surface Transportation Board, Department of Transportation, and House Duncan T. Moore, of New York, and Arthur Bienenstock, Committee on Agriculture, Subcommittee on Department of California, each to be an Associate Director of the Of- Operations, Nutrition and Foreign Agriculture, hearing fice of Science and Technology Policy, 9:30 a.m., on review of the waste and abuse in the administration SR–253. of the Food Stamp Program, 10 a.m., 1300 Longworth. Committee on Energy and Natural Resources, Subcommittee Committee on Appropriations, Subcommittee on Transpor- on Forests and Public Land Management, to hold hear- tation, hearing on FAA’s Standard Terminal Automation ings on S. 1253, to provide to the Federal land manage- Replacement System (STARS), 11 a.m., 2358 Rayburn. ment agencies the authority and capability to manage ef- Committee on Banking and Financial Services, Subcommit- fectively the federal land in accordance with the prin- tee on Capital Markets, Securities and Government Spon- ciples of multiple use and sustained yield, 9:30 a.m., sored Enterprises, hearing on the GAO Report on the Of- SD–366. fice of Federal Housing Finance Oversight, 10 a.m., 2128 Subcommittee on Water and Power, to hold hearings Rayburn. to review the Federal Energy Regulatory Commission’s hydroelectric relicensing procedures, 2 p.m., SD–366. Committee on Commerce, to markup H.R. 10, Financial Committee on Environment and Public Works, to hold hear- Services Act of 1997, 9:30 a.m., 2123 Rayburn. ings on evidentiary privileges or immunity from prosecu- Subcommittee on Telecommunications, Trade, and tion for voluntary environmental audits, 9:30 a.m., Consumer Protection, hearing on Video Competition: Ac- SD–406. cess to Programming, 1:30 p.m., 2322 Rayburn. October 29, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1173

Committee on Government Reform and Oversight, hearing on sionary property rights; H.R. 1995, Point Reyes National the Results Act: Are We Getting Results? 2 p.m., 2154 Seashore Farmland Protection Act of 1997, 10 a.m., 1324 Rayburn. Longworth. House Oversight, oversight hearing on Campaign Finance Subcommittee on Water and Power, oversight hearing Reform, 10 a.m., 1310 Longworth. on Water Management Implications of the 1997/98 El Committee on the Judiciary, Subcommittee on Courts and Nino; 2 p.m., 1324 Longworth. Intellectual Property, hearing regarding copyright licens- Committee on Rules, to consider H.R. 2614, Reading Ex- ing regimes covering retransmission of broadcast signals, cellence Act, 10 a.m., H–313 Capitol. 10 a.m., 2237 Rayburn. Subcommittee on Rules and Organization of the House Subcommittee on Crime, hearing regarding options for and the Subcommittee on Legislative and Budget Process, improving and expanding cooperation between Federal joint hearing on Implementation of the Unfunded Man- Prison Industries and the private sector, 9:30 a.m., 2226 dates Reform Act and Proposals for Reform, 1 a.m., H- Rayburn. 313 Capitol. Committee on Resources; Subcommittee on Fisheries Con- Committee on Science, Subcommittee on Space and Aero- servation, Wildlife and Oceans, to markup H.R. 2556, nautics, hearing on Indemnification and Crosswaiver Au- North American Wetlands Conservation Act of 1989 and thority, 10 a.m., 2325 Rayburn. Partnerships for Wildlife Act; followed by an oversight Committee on Transportation and Infrastructure, Sub- hearing to examine activities being planned by the Ad- committee on Coast Guard and Maritime Transportation, ministration for the International Year of the Ocean, 10 a.m., 1334 Longworth. hearing on Oil Spill Prevention Measures, 10 a.m., 2253 Subcommittee on National Parks and Public Lands, to Rayburn. markup H.R. 2186, to authorize the Secretary of the In- Joint Meetings terior to provide assistance to the National Historic Trails Interpretive Center in Casper, Wyoming; and to hold a Conferees, on H.R. 2264, making appropriations for the hearing on the following bills: H.R. 2438, to encourage Departments of Labor, Health and Human Services, and establishment of appropriate trails on abandoned railroad Education, and related agencies for the fiscal year ending rights-of-way, while ensuring protection of certain rever- September 30, 1998, 10 a.m., H–140, Capitol. D1174 CONGRESSIONAL RECORD — DAILY DIGEST October 29, 1997

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

Senate Chamber House Chamber Program for Thursday: Senate will consider the nomi- Program for Thursday: Vote on H. Res. 284, rule pro- nation of Charles J. Siragusa, of New York, to be United viding for consideration of H.R. 2493, Forage Improve- States District Judge for the Western District of New ment Act of 1997; York, with a vote to occur thereon, following which Sen- Consideration of H.R. 2493, Forage Improvement Act ate will consider S. 1292, disapproving vetoed provisions of 1997 (modified open rule, 1 hour of general debate); of Military Construction Appropriations, 1998. Complete consideration of H.R. 1270, Nuclear Waste Policy Act of 1997 (structured rule); Consideration of H. Res. 288, rule providing for con- sideration of H.R. 2746, HELP Scholarships Act and H.R. 2616, Charter Schools Amendments Act; Consideration of H.R. 2746, HELP Scholarships Act (closed rule, 2 hours of general debate); and Consideration of H.R. 2616, Charter Schools Amend- ments Act (open rule, 1 hour of general debate).

Extensions of Remarks, as inserted in this issue

HOUSE Hamilton, Lee H., Ind., E2119 Pascrell, Bill, Jr., N.J., E2123 Johnson, Jay W., Wisc., E2115 Rothman, Steve R., N.J., E2119 Barrett, Thomas M., Wisc., E2122 Kennedy, Joseph P., II, Mass., E2119 Shaw, E. Clay, Jr., Fla., E2114 Cunningham, Randy ‘‘Duke’’, Calif., E2115 Kucinich, Dennis J., Ohio, E2121 Skelton, Ike, Mo., E2117 Dellums, Ronald V., Calif., E2114 Lantos, Tom, Calif., E2118 Solomon, Gerald B.H., N.Y., E2116 Deutsch, Peter, Fla., E2118 Lipinski, William O., Ill., E2122 Stark, Fortney Pete, Calif., E2120 Dixon, Julian C., Calif., E2115 Luther, Bill, Minn., E2114, E2116 Stokes, Louis, Ohio, E2124 Gallegly, Elton, Calif., E2114 Morella, Constance A., Md., E2120 Thomas, William M., Calif., E2122 Gingrich, Newt, Ga., E2111, E2115 Ortiz, Solomon P., Tex., E2121

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