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

Vol. 144 WASHINGTON, WEDNESDAY, SEPTEMBER 23, 1998 No. 128 House of Representatives The House met at 2 p.m. lution of the House of the following CONGRESS DOES NOT NEED FAST The Reverend Dr. Warren Blakeman, title: TRACK St. Paul’s United Methodist Church, H. Con. Res. 326. Concurrent resolution per- (Mr. TRAFICANT asked and was Monroe, Louisiana, offered the follow- mitting the use of the rotunda of the Capitol given permission to address the House ing prayer: on September 23, 1998, for the presentation of for 1 minute and to revise and extend Creator God, You have given us the the Congressional Gold Medal to Nelson his remarks.) Rolihlahla Mandela. precious gift of life. Between our birth Mr. TRAFICANT. America has a $60 and our death, we make many choices. The message also announced that the million trade deficit with Japan, $50 Those who gather here make choices Senate had passed a bill of the follow- billion with China, a $24 billion deficit that affect billions beyond our shores, ing title, in which the concurrence of with Canada, $20 plus billion with Mex- millions across this land, thousands in the House is requested: ico. The bleeding goes on and on, good- our districts and communities, and in- S. 1397. An act to establish a commission paying jobs lost by the thousands every dividuals within families. to assist in commemoration of the centen- week, every month. We are awed when we think that nial of powered flight and the achievements After all this, Congress wants more these responsibilities placed upon us of the Wright brothers. fast track trade programs. Unbeliev- affect not only this time and these peo- f able. Congress does not need fast track; ples, but also generations to come. So, Congress needs a swift kick. What is humbly, we ask for Your guidance. In THE HEAVY HAND OF BIG next, our sons and daughters applying our choices, may truth always be com- GOVERNMENT for a job in Mexico? Beam me up. Free bined with love, love with courage, and trade, my ascot. This is a free ride for courage with justice and mercy. Again, (Mr. NORWOOD asked and was given people overseas being paid for by Amer- we ask for Your guidance. Amen. permission to address the House for 1 ican workers who are being retrained. f minute and to revise and extend his re- Think about it. marks.) f THE JOURNAL Mr. NORWOOD. Mr. Speaker, first, it The SPEAKER. The Chair has exam- was the IRS. Now, if we can believe it, URGING MEMBERS TO SUPPORT ined the Journal of the last day’s pro- it is the United States Army Corps of THE 90–10 PLAN TO PRESERVE ceedings and announces to the House Engineers: You are guilty until you SOCIAL SECURITY AND PROVIDE his approval thereof. prove yourself innocent. A TAX CUT Pursuant to clause 1, rule I, the Jour- When my constituent, Pamela Ham, (Mr. JONES asked and was given per- nal stands approved. thought the worst was over after sur- mission to address the House for 1 f viving a deadly tornado on Lake Thur- minute and to revise and extend his re- man last May, the Corps reared its marks.) PLEDGE OF ALLEGIANCE ugly head. Even though 4 months Mr. JONES. Mr. Speaker, today The SPEAKER. Will the gentleman passed since this tornado, the Corps, as Americans spend more money on taxes from Ohio (Mr. TRAFICANT) come for- managers of this lake and the sur- than on food, clothing, and shelter ward and lead the House in the Pledge rounding lands, still had not cleaned up combined. That is an average tax bur- of Allegiance. the public property between the lake den of 38 percent. This Congress has in- Mr. TRAFICANT led the Pledge of and Mrs. Ham’s house, so Mrs. Ham troduced a plan to provide hard-work- Allegiance as follows: cleaned the property herself, with her ing Americans some well-deserved re- I pledge allegiance to the Flag of the hands. lief. The 90–10 plan would set aside 90 United States of America, and to the Repub- The Corps did not like this. They re- percent of the 10-year, $1.6 trillion lic for which it stands, one nation under God, taliated, Mr. Speaker, by revoking Mrs. budget surplus to preserve Social Secu- indivisible, with liberty and justice for all. Ham’s dock permit. They didn’t even rity, and would use the remaining 10 f ask for an explanation; they just low- percent, or $80 billion, to cut taxes for ered the boom, the big, heavy hand of middle-income Americans. MESSAGE FROM THE SENATE big government, on my constituent. Under the plan, the marriage penalty A message from the Senate by Mr. I am tired of the Corps of Engineers and death taxes will be reduced, and Lundregan, one of its clerks, an- bullying my constituents along the Sa- tax relief will be available for edu- nounced that the Senate had passed vannah River, and I am putting them cation, child care, and military person- without amendment a concurrent reso- on alert. Stay tuned. nel who sell their homes. The 90/10 plan

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.

H8463

. H8464 CONGRESSIONAL RECORD — HOUSE September 23, 1998 offers Americans what they have been LET’S MAKE A DEAL the citizens of this Nation the lead ar- asking for, tax relief now and saving (Mr. STEARNS asked and was given ticle in today’s edition of The Hill enti- Social Security for the future. I hope permission to address the House for 1 tled ‘‘Clinton asks Dole for help on my colleagues will join us in support- minute and to revise and extend his re- Hill.’’ ing the 90–10 plan. marks.) The reason I do this, Mr. Speaker, is f Mr. STEARNS. Mr. Speaker, the apparently there is a misconception being propagated by some here in WHAT ARE THE CHILDREN IN White House today is sending signals Washington. Some here in Washington AMERICA LEARNING TODAY that it would like to broker some type have confused their occupancy of a cer- ABOUT TRUTH? of deal in order to avoid a full inquiry tain office with the institution itself. (Mr. PITTS asked and was given per- via the impeachment process. But Mr. Speaker, Congress cannot shirk from Let us reaffirm at this time, in this mission to address the House for 1 place, that the offices we hold are a re- minute and to revise and extend his re- its duty. We are obliged to have a full and open debate on the merits of flection of public trust, and our pres- marks.) ence in those offices does not reflect Mr. PITTS. Mr. Speaker, there is a whether or not we should go forward the institution one way or the other. famous story told of George Washing- with a formal inquiry on impeachment. Indeed, Mr. Speaker, let us reaffirm ton when he was but a young boy. Let us not be unduly influenced by at this place, in this time, that no Every schoolchild in America is taught watching poll numbers. As the gen- American is above the law, no matter this story. It is the story of how, even tleman from Illinois (Chairman HENRY what office they may hold. as a young boy, Washington was a per- HYDE) has said, ‘‘Poll-taking is an art, son of honor. When he was asked by his not a science.’’ The Framers of the f father if he had cut down his father’s Constitution knew this would not be an IMPLORING FEMA TO BEGIN PREP- favorite cherry tree, he responded, I easy or pleasant task, but they did ARATIONS TO RESPOND TO HUR- cannot tell a lie, father. I did chop make provisions for such a possibility. RICANE GEORGES down the cherry tree. We must remember, this is a Nation of (Ms. ROS-LEHTINEN asked and was How forthright. You cannot get any laws, not daily opinion polls. Whether given permission to address the House more honest than that. Yet, with the or not perjury was committed will be for 1 minute and to revise and extend rationalization being promoted by determined in due course, not by opin- her remarks.) many in the media today, Washington ion polls, but as prescribed under the could have responded like this and got- Ms. ROS-LEHTINEN. Mr. Speaker, Constitution. my community of south Florida is ten away with it: ‘‘Well, father, I did f not technically cut down the cherry tensly gripping for a possible strike to tree, only the hatchet made contact SAVE SOCIAL SECURITY, CUT the region from the dangerous Hurri- with the tree. I did not touch the tree. TAXES cane Georges, which has already caused great devastation in the neighboring I stand by my story and what I believe (Mr. KNOLLENBERG asked and was the meaning of the word ‘cut’ is.’’ islands of the Carribean, including my given permission to address the House How things have changed in America. native homeland of Cuba, which is What are the children in America for 1 minute and to revise and extend bracing for the worst. learning today? his remarks.) Those of us from south Florida still Mr. KNOLLENBERG. Mr. Speaker, f remember the nightmare of Hurricane the Federal Government should honor Andrew that only 5 years ago fiercely REPUBLICANS AND DEMOCRATS the institution of marriage, not penal- destroyed our way of life, and from HAVE DIFFERENT VISIONS FOR ize it by imposing higher taxes on mar- which many areas in south Florida are WORKING AMERICANS ried couples. I urge my colleagues to yet to fully recover. (Mr. GIBBONS asked and was given support the 90–10 proposal of the gen- I implore the Federal Emergency permission to address the House for 1 tleman from Texas (Chairman AR- Management Agency, FEMA, to begin minute and to revise and extend his re- CHER). The bill sets aside 90 percent of preparations to assure a swift response marks.) the budget surplus to save Social Secu- to this natural disaster in the event Mr. GIBBONS. Mr. Speaker, most rity, and returns the additional 10 per- that it does make landfall in south Democrats think they are thinking, cent to hard-working taxpayers. Florida. FEMA’s assistance is critical but in reality, they are merely reor- The centerpiece of the tax cut of the to both protect our citizens during this ganizing and rearranging their own gentleman from Texas (Chairman AR- hurricane or fierce storm, and to help prejudices. CHER) injects some fairness into the tax the residents of the region in the after- For example, when it comes to work- code, and strengthens families by pro- math of the natural phenomenon in an ing Americans, Republicans and Demo- viding some much-needed relief from expeditious manner without much red crats have major differences in their the marriage penalty. It mirrors a pro- tape. visions. Democrats believe it is fair for vision that I introduced in a 1997 tax My colleagues from south Florida the government to take up to one-half cut initiative. The marriage penalty is and I are ready to provide FEMA with of a family’s income to pay for big gov- unfair, and no one should have to pay any assistance on preparations to con- ernment. Republicans do not. it. Democrats believe it is fair that av- front Hurricane Georges. Mr. Speaker, with 77 million f erage Americans have to work until babyboomers nearing retirement age mid-May just to pay their taxes. Re- and taxes at an all-time high, we must COMMUNICATION FROM THE HON- publicans do not. reject the calls for new spending ema- ORABLE RICHARD A. GEPHARDT, Democrats believe they are doing us nating from the other side. We have an DEMOCRAT LEADER a favor by giving us tax breaks. Repub- licans believe that a tax break is not historic opportunity to secure the fu- The SPEAKER pro tempore laid be- giving us anything, it is merely allow- ture of Social Security and provide the fore the House the following commu- ing us to keep what is already ours. American people with the additional nication from the Honorable RICHARD Democrats believe America is tax relief they deserve. Let us seize it A. GEPHARDT, Democrat leader: undertaxed. Republicans believe Amer- now. HOUSE OF REPRESENTATIVES, ica is overtaxed. The fact is, Democrats f OFFICE OF THE DEMOCRATIC LEADER, talk as if it is their money. Repub- Washington, DC, September 22, 1998. NO AMERICAN IS ABOVE THE LAW licans believe that the money belongs Hon. NEWT GINGRICH, to those people who earned it, not the (Mr. HAYWORTH asked and was Speaker of the House, U.S. House of Represent- given permission to address the House atives, Washington, DC. politicians, not the Federal Govern- DEAR MR. SPEAKER: Pursuant to section ment or Washington bureaucrats. for 1 minute and to revise and extend 3162 of Public Law 104–201, I hereby appoint Mr. Speaker, it is time that thinking his remarks.) the following individual to the Commission Democrats stop favoring bureaucracy Mr. HAYWORTH. Mr. Speaker, I on Maintaining United States Nuclear Weap- and start giving workers a tax break. would commend to my colleagues and ons Expertise: September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8465 Mr. Henry W. Kendall, Ph.D. of Massachu- ca’s working families will pay for to- families, our seniors, our farmers and setts. morrow, and that, to me, is the very our businesses. The Taxpayer Relief Yours very truly, definition of irresponsible government. Act returns $80 billion to its rightful RICHARD A. GEPHARDT. f owners, the American people, and sets f aside $1.4 trillion to protect Social Se- PASSENGER VESSEL ACT COMMUNICATION FROM THE HON- curity. That is 90 percent of the total ORABLE RICHARD A. GEPHARDT, (Mr. SMITH of Michigan asked and surplus. DEMOCRAT LEADER was given permission to address the President Clinton calls this, ‘‘a gim- House for 1 minute and to revise and mick to please people.’’ Mr. Speaker, I The SPEAKER pro tempore laid be- extend his remarks.) urge Americans, do not believe him. fore the House the following commu- Mr. SMITH of Michigan. Mr. Speak- The President has already proposed nication from the Honorable RICHARD er, I rise today to discuss the domestic spending billions from the surplus on A. GEPHARDT, Democrat leader: deep-sea passenger cruise industry, or bigger government. He is the one with HOUSE OF REPRESENTATIVES, Washington, DC, September 21, 1998. better, the lack of it in the United the gimmicks. President Clinton keeps Hon. NEWT GINGRICH, States. forgetting the surplus belongs to the Speaker of the House, House of Representatives, Currently, there is only one ocean- taxpayers of America. Washington, DC. going cruise ship left in the entire U.S. We can protect Social Security and DEAR MR. SPEAKER: Pursuant to section flag fleet. That means that millions of give tax relief. Let us do it. 2(b)(2) of Public Law 105–186, I hereby ap- dollars of American tourist money f point the following members to the Presi- which are spent on cruises each year dential Advisory Commission on Holocaust MESSAGE FROM THE PRESIDENT are going to our foreign competitors. Assets in the United States: Mr. Maloney of A message in writing from the Presi- Connecticut, and Mr. Sherman. The reason there are no cruise ships in our domestic fleet is because of an dent of the United States was commu- Yours Very Truly, nicated to the House by Mr. Sherman RICHARD A. GEPHARDT. archaic protectionist law known as the Williams, one of his secretaries. f Passenger Services Act. The legislation was passed before the turn of the cen- f b 1415 tury and requires all cruise ships in the GREAT LAKES FISH AND WILD- ANNOUNCEMENT BY THE SPEAKER domestic service to be built in the LIFE RESTORATION ACT OF 1998 PRO TEMPORE United States. Mr. GILCHREST. Mr. Speaker, I U.S. shipyards, however, have no in- The SPEAKER pro tempore (Mr. move to suspend the rules and pass the terest in building these types of ships UPTON). Pursuant to the provisions of bill (H.R. 1481) to amend the Great and are not competitive on the inter- clause 5 of rule I, the Chair announces Lakes Fish and Wildlife Restoration national market. In fact, the last one that he will postpone further proceed- Act of 1990 to provide for implementa- built in this country was the U.S.S. ings today on each motion to suspend tion of recommendations of the United Independence in 1956. the rules on which a recorded vote or States Fish and Wildlife Service con- the yeas and nays are ordered, or on Things have gotten so bad that when Dis- tained in the Great Lakes Fishery Res- which the vote is objected to under ney Corp. solicited over $1 billion in contracts toration Study Report, as amended. clause 4 of rule XV. to build cruise ships in this country, not a sin- The Clerk read as follows: Such roll call votes, if postponed, gle U.S. shipyard even bid on the project. Now H.R. 1481 will be taken after debate has con- those ships are being built in Italy, but they Be it enacted by the Senate and House of Rep- cluded on all motions to suspend the will be legally barred from servicing the do- resentatives of the United States of America in rules, but not before 5 p.m. today. mestic cruise market because of the Pas- Congress assembled, f senger Services Act. SECTION 1. SHORT TITLE. Mr. Speaker, this act no longer serves the This Act may be cited as the ‘‘Great Lakes TAX CUTS TODAY, BUT AMERICAN interests of this country. It stifles maritime job Fish and Wildlife Restoration Act of 1998’’. WORKERS WILL PAY TOMORROW creation and does nothing to promote domes- SEC. 2. FINDINGS. (Mr. MENENDEZ asked and was tic shipbuilding. Instead, it gives away the Congress finds that— given permission to address the House cruise market to our foreign competitors, (1) the Great Lakes Fishery Resources Res- toration Study, for which a report was sub- for 1 minute and to revise and extend whose customers are mostly Americans. mitted to Congress in 1995, was a comprehen- his remarks.) To fix this problem I am introducing legisla- sive study of the status, and the assessment, Mr. MENENDEZ. Mr. Speaker, all tion today that will stimulate increased domes- management, and restoration needs, of the across America, parents use the tool of tic cruise ship opportunities for the American fishery resources of the Great Lakes Basin, allowance to teach their children the cruising public. My legislation will allow three and was conducted through the joint effort value of money, that they have to pay foreign-built cruise ships to participate in the of the United States Fish and Wildlife Serv- for what they get. If they do not have U.S. domestic cruising market. These cruising ice, State fish and wildlife resource manage- the savings, they do not buy the goods. vessels must still hire an American crew, pay ment agencies, Indian tribes, and the Great But over and over, Republicans ig- Lakes Fishery Commission; and U.S. taxes, and obey all U.S. environmental, (2) the study— nore that basic lesson. They want to labor, and safety regulations. (A) found that, although State, Provincial, get it now and pay later. They want to Senator MCCAIN has introduced the com- Native American Tribal, and Federal agen- get tax cuts now and pay for them panion bill, S. 2507, and he expects the Sen- cies have made significant progress toward later. ate Commerce Committee to take action on the goal of restoring a healthy fish commu- Mr. Speaker, make no mistake. the bill this session. nity to the Great Lakes Basin, additional ac- Someone is going to pay for it. Who? This legislation is absolutely necessary to tions and better coordination are needed to America’s working families who are help create a U.S. domestic ocean-going protect and effectively manage the fisheries paying into Social Security for those and related resources in the Great Lakes cruise industry and I would call upon my col- Basin; and benefits today and for their retirement leagues to support this bill. (B) recommended actions that are not cur- tomorrow. They will pay for it by fork- f rently funded but are considered essential to ing over even more in payroll taxes. TAX RELIEF meet goals and objectives in managing the They will pay for it by having to retire resources of the Great Lakes Basin. later. They will pay for it in reduced (Mr. SAM JOHNSON of Texas asked SEC. 3. REFERENCE; REPEAL. Social Security benefits. and was given permission to address (a) REFERENCE.—Each reference in this Act Democrats want to prevent this from the House for 1 minute and to revise (other than in subsection (b)) to the Great happening tomorrow by being respon- and extend his remarks.) Lakes Fish and Wildlife Restoration Act of sible today, and we have an oppor- Mr. SAM JOHNSON of Texas. Mr. 1990 is a reference to the Act enacted by title I of Public Law 101–537 (104 Stat. 2370). tunity to save Social Security, and we Speaker, I think a lot of people forget (b) REPEAL OF DUPLICATIVE ENACTMENT.— seek to seize it. who is paying the taxes. It is the Amer- The Great Lakes Fish and Wildlife Restora- Republicans want to get political ican citizens. For too long, the Federal tion Act of 1990, enacted as title II of Public credits for tax cuts today that Ameri- Government has increased taxes on our Law 101–646 (104 Stat. 4773), is repealed. H8466 CONGRESSIONAL RECORD — HOUSE September 23, 1998 SEC. 4. PURPOSES. mit proposals for the restoration of fish and ‘‘SEC. 1008. REPORTS TO CONGRESS. Section 1003 of the Great Lakes Fish and wildlife resources. ‘‘On December 31, 2002, the Director shall Wildlife Restoration Act of 1990 (16 U.S.C. ‘‘(2) REQUIREMENTS FOR PROPOSALS.—A pro- submit to the Committee on Resources of 941a) is amended— posal under paragraph (1) shall be submitted the House of Representatives and the Com- (1) in the matter preceding paragraph (1), in the manner and form prescribed by the Di- mittee on Environment and Public Works of by striking ‘‘this Act’’ and inserting ‘‘this rector and shall be consistent with the goals the Senate a report that describes— title’’; of the Great Lakes Water Quality Agree- ‘‘(1) actions taken to solicit and review (2) by striking paragraph (1); ment, as revised in 1987, the 1954 Great Lakes proposals under section 1005; (3) by redesignating paragraphs (2) and (3) Fisheries Convention, the 1980 Joint Strate- ‘‘(2) the results of proposals implemented as paragraphs (1) and (2), respectively; gic Plan for the Management of Great Lakes under section 1005; and (4) by striking paragraph (1) (as so redesig- fishery resources, the Nonindigenous Aquat- ‘‘(3) progress toward the accomplishment nated) and inserting the following: ic Nuisance Prevention and Control Act of of the goals specified in section 1006.’’. ‘‘(1) to develop and implement proposals 1990 (16 U.S.C. 4701 et seq.), and the North SEC. 8. AUTHORIZATION OF APPROPRIATIONS. for the restoration of fish and wildlife re- American Waterfowl Management Plan and Section 1009 of the Great Lakes Fish and sources in the Great Lakes Basin; and’’; and joint ventures established under the plan. Wildlife Restoration Act of 1990 (16 U.S.C. (5) in paragraph (2) (as redesignated by ‘‘(3) SEA LAMPREY AUTHORITY.—The Great 941g) is amended to read as follows: paragraph (3)), by striking ‘‘habitat of’’ and Lakes Fishery Commission shall retain au- ‘‘SEC. 1009. AUTHORIZATION OF APPROPRIA- inserting ‘‘habitat in’’. thority and responsibility for formulation TIONS. SEC. 5. DEFINITIONS. and implementation of a comprehensive pro- ‘‘There are authorized to be appropriated Section 1004 of the Great Lakes Fish and gram for eradicating or minimizing sea lam- to the Director— Wildlife Restoration Act of 1990 (16 U.S.C. prey populations in the Great Lakes Basin. ‘‘(1) for the activities of the Great Lakes 941b) is amended— ‘‘(c) REVIEW OF PROPOSALS.— Coordination Office in East Lansing, Michi- (1) in the matter preceding paragraph (1), ‘‘(1) ESTABLISHMENT OF COMMITTEE.—There gan, of the Upper Great Lakes Fishery Re- by striking ‘‘this Act’’ and inserting ‘‘this is established the Great Lakes Fish and sources Office, and of the Lower Great Lakes title’’; Wildlife Restoration Proposal Review Com- Fishery Resources Office under section 1007, (2) by redesignating paragraphs (2), (3), (4), mittee, which shall operate under the guid- $3,500,000 for each of fiscal years 1999 through (5), (6), (7), (8), (9), and (10) as paragraphs (3), ance of the Council of Lake Committees of 2004; and (4), (5), (6), (7), (14), (9), (12), and (13), respec- the Great Lakes Fishery Commission. ‘‘(2) for implementation of fish and wildlife tively; ‘‘(2) MEMBERSHIP AND APPOINTMENT.— restoration proposals selected by the Direc- (3) by moving paragraph (14) (as redesig- ‘‘(A) IN GENERAL.—The Committee shall tor under section 1005(d), $4,500,000 for each nated by paragraph (2)) to the end of the sec- consist of representatives of all State Direc- of fiscal years 1999 through 2004, of which no tion; tors and Indian Tribes with Great Lakes fish funds shall be available for costs incurred in (4) in paragraph (9) (as redesignated by and wildlife management authority in the administering the proposals.’’. Great Lakes Basin. paragraph (2)), by striking ‘‘plant or animal’’ The SPEAKER pro tempore. Pursu- ‘‘(B) APPOINTMENTS.—State Directors and and inserting ‘‘plant, animal, or other orga- ant to the rule, the gentleman from nism’’; Tribal Chairs shall appoint their representa- (5) by inserting after paragraph (1) the fol- tives, who shall serve at the pleasure of the Maryland (Mr. GILCHREST) and the gen- lowing: appointing authority. tleman from California (Mr. MILLER) ‘‘(2) the term ‘Committee’ means the Great ‘‘(C) OBSERVER.—The Great Lakes Coordi- each will control 20 minutes. Lakes Fish and Wildlife Restoration Pro- nator of the United States Fish and Wildlife The Chair recognizes the gentleman posal Review Committee established by sec- Service shall participate as an observer of from Maryland (Mr. GILCHREST). tion 1005(c);’’; the Committee. Mr. GILCHREST. Mr. Speaker, I (6) by inserting after paragraph (7) (as re- ‘‘(D) RECUSAL.—A member of the Commit- yield myself such time as I may con- tee shall recuse himself or herself from con- designated by paragraph (2)) the following: sume. ‘‘(8) the term ‘non-Federal source’ includes sideration of proposals that the member, or a State government, local government, In- the entity that the member represents, has (Mr. GILCHREST asked and was dian Tribe, other non-Federal governmental submitted. given permission to revise and extend entity, private entity, and individual;’’; ‘‘(3) FUNCTIONS.—The Committee shall at his remarks.) (7) by inserting after paragraph (9) (as re- least annually— Mr. GILCHREST. Mr. Speaker, I rise designated by paragraph (2)) the following: ‘‘(A) review proposals developed in accord- in strong support of H.R. 1481, the ‘‘(10) the term ‘Report’ means the United ance with subsection (b) to assess their effec- Great Lakes Fish and Wildlife Restora- States Fish and Wildlife Service report enti- tiveness and appropriateness in fulfilling the tion Act. I want to compliment the purposes of this title; and tled ‘Great Lakes Fishery Resources Res- gentleman from Ohio (Mr. toration Study’, submitted to the President ‘‘(B) recommend to the Director any of of the Senate and the Speaker of the House those proposals that should be funded and LATOURETTE) for his outstanding lead- of Representatives on September 13, 1995; implemented under this section. ership and tireless commitment to ‘‘(11) the term ‘restoration’ means rehabili- ‘‘(d) IMPLEMENTATION OF PROPOSALS.— moving this legislation. tation and maintenance of the structure, After considering recommendations of the This measure arose from the need to function, diversity, and dynamics of a bio- Committee and the goals specified in section coordinate management, protection logical system, including reestablishment of 1006, the Director shall select proposals to be and restoration of fish and wildlife re- self-sustaining populations of fish and wild- implemented and, subject to the availability sources within the Great Lakes Basin. life;’’; of appropriations and subsection (e), fund implementation of the proposals. In select- The Great Lakes, which cover approxi- (8) in paragraph (12) (as redesignated by mately 95,000 square miles in surface paragraph (2)), by striking ‘‘and’’ at the end; ing and funding proposals, the Director shall and take into account the effectiveness and ap- area, provide unique challenges for re- (9) in paragraph (13) (as redesignated by propriateness of the proposals in fulfilling source managers. In many respects, the paragraph (2)), by striking the period at the the purposes of other laws applicable to res- Great Lakes are more comparable to end and inserting ‘‘; and’’. toration of the fishery resources and habitat oceans than lakes and require ocean- SEC. 6. IDENTIFICATION, REVIEW, AND IMPLE- of the Great Lakes Basin type vessels to accomplish manage- MENTATION OF PROPOSALS. ‘‘(e) COST-SHARING.— ment and research tasks. Section 1005 of the Great Lakes Fish and ‘‘(1) IN GENERAL.—Not less than 25 percent With respect to our fishery laws, we of the cost of implementing a proposal se- Wildlife Restoration Act of 1990 (16 U.S.C. must remember that fish do not under- 941c) is amended to read as follows: lected under subsection (d) (not including stand or recognize geographical bound- ‘‘SEC. 1005. IDENTIFICATION, REVIEW, AND IM- the cost of establishing sea lamprey barriers) PLEMENTATION OF PROPOSALS. shall be paid in cash or in-kind contributions aries. It is critical, therefore, that reg- ‘‘(a) IN GENERAL.—The Director, in con- by non-Federal sources. ulatory schemes are developed sultation with the Committee, shall encour- ‘‘(2) EXCLUSION OF FEDERAL FUNDS FROM throughout their ranges. H.R. 1481 es- age the development and, subject to the NON-FEDERAL SHARE.—The Director may not tablishes necessary cooperative agree- availability of appropriations, the implemen- consider the expenditure, directly or indi- ments between States and Federal tation of proposals based on the results of rectly, of Federal funds received by a State agencies to ensure that fish passing the Report. or local government to be a contribution by a non-Federal source for purposes of this through jurisdictions of many manage- ‘‘(b) IDENTIFICATION OF PROPOSALS.— ment regions get the proper attention ‘‘(1) REQUEST BY THE DIRECTOR.—The Direc- subsection.’’. tor shall annually request that State Direc- SEC. 7. REPORTS TO CONGRESS. they need to sustain viable populations tors and Indian Tribes, in cooperation or Section 1008 of the Great Lakes Fish and in the future. partnership with other interested entities Wildlife Restoration Act of 1990 (16 U.S.C. The Great Lakes Fish and Wildlife and based on the results of the Report, sub- 941f) is amended to read as follows: Restoration Act uses cooperative September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8467 agreements between States, Native designation as a threat to their own sey (Mr. SAXTON), chairman of the Sub- American tribes, and the Federal Gov- funding. committee on Fisheries Conservation, ernment to manage Great Lakes re- I believe the people of the United Wildlife and Oceans. He made time in sources. The act encourages all inter- States want us to work through these his subcommittee’s schedule to hold ested parties to participate in the im- fears to ensure that their best interests hearings, and he has been a strong sup- plementation of recommendations in are of the utmost concern. This is not porter of H.R. 4181 throughout the the comprehensive study. These man- just about fairness. It is about capital- process. agement and restoration activities izing on Michigan’s fisheries expertise. I would be remiss, Mr. Speaker, if I were deemed necessary to restore Michigan State University and the did not thank the staff that made to- Great Lakes fish and wildlife resources. University of Michigan have proposed day’s presentation possible. Many Finally, this bill was designed to an alternative that will cost the Fed- times, Members make commitments evaluate and, where appropriate, im- eral Government next to nothing. In and while these commitments are hon- plement the recommendations of the return for providing staff from these ored, it is due primarily and in large Great Lakes Fishery Resources Res- universities, the State of Michigan part to the hard work of our staffs. toration Study. This 5-year study iden- would finally receive this important I thank the committee staffs of both tified 32 recommendations which fisheries research designation. This is a the majority and the minority, in par- should be undertaken to restore the very creative approach that I hope we ticular Harry Burroughs and Mike fishery resources of the Great Lakes will explore in the future. Oetker. Mike has done yeoman’s work Basin to sustainable levels. Mr. Speaker, for that purpose, I on H.R. 1481, putting in long hours and Mr. Speaker, while I will let my would like to engage in a colloquy with making sure that this bill stayed on Great Lakes colleagues discuss some or the gentleman from Maryland (Mr. track. all of the 32 recommendations, I will GILCHREST). Mr. Speaker, I also want to thank Mr. Speaker, I know that the gen- point out that one of the suggestions Rochelle Sturtevant, who is the coordi- tleman from New Jersey (Mr. SAXTON) was to conduct a cormorant fishery nator for the Great Lakes task force has been more than willing to work on predation study. Since this issue has who has been working on this legisla- addressing the current inequities in the been of interest to several Members of tion since 1996. Cooperative Unit program. I would ask Mr. Speaker, my district borders the House, I would hope that this study the gentleman, would the subcommit- Lake Erie, a body of water that was would occur. tee be interested in exploring this once considered to be ‘‘dead.’’ I para- Mr. Speaker, this legislation author- model as a new way to deal with this phrase Mark Twain when I say that the izes the Department of the Interior to issue? If necessary, this could be done reports of the Great Lakes’ demise spend $8 million per year to carry out in the next Congress. have been greatly exaggerated. This fish and wildlife restoration in the Mr. GILCHREST. Mr. Speaker, will would not be possible, of course, with- Great Lakes Basin. This is a sound in- the gentleman yield? out the efforts of the Fish and Wildlife vestment in a very important region of Mr. KILDEE. I yield to the gen- Service, working with State and local the country. tleman from Maryland. governments, as well as Great Lakes Mr. Speaker, I urge an ‘‘aye’’ vote on Mr. GILCHREST. Mr. Speaker, I have residents. H.R. 1481, and I look forward to early spoken with the gentleman from New Now, Lake Erie fishermen can enjoy positive action by the other body on Jersey (Mr. SAXTON), and he agrees catching lake trout, walleye, bass, and this bill. there is a legitimate issue of fairness perch. In fact, Lake Erie is experienc- Mr. Speaker, I reserve the balance of involved. As the gentleman from ing rebounds in lake whitefish popu- my time. Michigan may know, his home State of lations that just 10 years ago was Mr. MILLER of California. Mr. New Jersey is another State that suf- thought to be impossible. Last year, Speaker, I yield 5 minutes to the gen- fers under the present system. He the Fish and Wildlife Service report tleman from Michigan (Mr. KILDEE) a would be interested in working with that lake trout populations in Lake member of our committee. the gentleman and other members of Superior are now self-sustaining and Mr. KILDEE. Mr. Speaker, I thank the committee to find an alternative in need no further stocking. the gentleman from California (Mr. the near future. Basinwide, water-related recreation MILLER) for yielding me this time. Mr. KILDEE. Mr. Speaker, reclaim- and tourism are valued at $15 million Mr. Speaker, I want to thank the ing my time, I appreciate the interest, annually, almost half of which is de- gentleman from Alaska (Chairman and I look forward to working with the rived from fishing. Moreover, the Great YOUNG) and the gentleman from Cali- gentleman from Maryland and with the Lakes contain over 281 square miles of fornia (Mr. MILLER), ranking member, gentleman from New Jersey to find a coastal wetlands which provide habitat for their hard work on this bill. sensible solution to this problem. for endangered species and breeding The Great Lakes Basin is a vibrant Mr. GILCHREST. Mr. Speaker, I grounds for waterfowl, migratory birds and diverse environment. Ecosystems yield such time as he may consume to and fish. of the Great Lakes support a wide the gentleman from Ohio (Mr. While this is a great success story, array of economic and recreational ac- LATOURETTE) to further add to this the job of restoring the Great Lakes is tivities. The long-term health of those great piece of legislation. a work in progress. Yes, we have come ecosystems is fundamental to ensuring (Mr. LATOURETTE asked and was a very long way, but considering we the quality of life that Americans from given permission to revise and extend still face degraded habitats, reduced the Great Lakes region have come to his remarks.) fish and wildlife populations and the enjoy. Protecting these precious bodies Mr. LATOURETTE. Mr. Speaker, I threat from nonindigenous species, we of water is of the utmost importance, want to thank the gentleman from must press on. since they are the largest body of fresh Alaska (Chairman YOUNG) and also the The Great Lakes Fish and Wildlife surface water in the United States. gentleman from California (Mr. MIL- Restoration Act reauthorizes legisla- While I am pleased that this bill is LER), ranking member, for moving H.R. tion passed in 1990, with the same title, coming to the floor, I am disappointed 1481 to the floor so expeditiously, de- to continue this important mission. to see that the language to institute a spite the fact that we have so many The original act established the new model for a Michigan fisheries Co- other things coming to a conclusion at Great Lakes Coordination Office and operative Unit was not included. the end of the 105th Congress. The re- Fishery Resources Offices in Michigan, Michigan is home to some of the fin- sources Committee, like others, face a Wisconsin and New York. The 1990 act est fisheries institutions in this coun- daunting list of requests from Mem- also led to the formation of a Great try, and yet it does not have the Coop- bers, and for the fact that this bill has Lakes ecosystem team, including part- erative Unit designation given to 37 moved so quickly I am grateful on be- ners from the States Native American States. Despite working for more than half of myself and other Great Lakes tribes and the Great Lakes Fishery a decade to redress this issue, it has re- Members. Commission, to coordinate restoration peatedly been blocked by some who see I also express my appreciation for the efforts between levels of government the benefits of a Michigan fisheries work of the gentleman from New Jer- and agencies. H8468 CONGRESSIONAL RECORD — HOUSE September 23, 1998 Finally, the 1990 act directed that the not able to address that in this legisla- work here on that score. I hope he con- U.S. Fish and Wildlife Service under- tion. He would have my pledge that I tinues. take a comprehensive study of fishing would do everything in my capacity There is one point in the bill I do resources in the Great Lakes. The from Ohio to help him realize his goals want to raise because it might create Great Lakes Fishery Resource Study, and success in that regard. some problems for Michigan. I simply which the Fish and Wildlife Service I would urge all of our colleagues want to get this on the record and per- completed and reported to Congress in today to support this essential biparti- haps get some assurances from either 1995, contained 32 specific recommenda- san measure. the gentleman from Ohio (Mr. tions for projects that would success- Mr. MILLER of California. Mr. LATOURETTE) or the gentleman from fully restore the Great Lakes fishery Speaker, I yield myself such time as I Maryland (Mr. GILCHREST) regarding resource. may consume. the language here. The bill says that The Great Lakes Fish and Wildlife I rise in support of this legislation. there is established the Great Lakes Restoration Act will reauthorize the This legislation has been adequately Fish and Wildlife Restoration Proposal Great Lakes Coordination Office and described by our colleagues from Review Committee which shall operate Fishery Resources Offices of the Fish Michigan and Ohio. It has bipartisan under the guidance of the Council of and Wildlife Service, allowing them to support and the support of the adminis- Lakes Committees. The Review Com- continue coordinating internal Fish tration. I urge its passage today. mittee shall consist of representatives and Wildlife Service operations and Mr. Speaker, I rise in support of the legisla- of all State directors and Indian tribes other Fish and Wildlife Service activi- tion. with Great Lakes Fish and Wildlife ties with State, Federal, local and H.R. 1481, which has already been de- management authority in the Great international operations in the Great scribed by the gentleman from New Jersey, Lakes Basin. Lakes Basin. would greatly improve the conservation and The language in the report is similar management of the fisheries and wildlife of the to that in the bill but also adds, b 1430 Great Lakes by implementing the rec- ‘‘* ** nothing in this bill shall be con- These coordination efforts are criti- ommendations of the Great Lakes Fishery Re- strued to enlarge or diminish the au- cal to prevent programs from wasting sources Restoration study. thority of any Indian tribe with respect resources and precious funds by work- The Great Lakes provide a vast source of to the management of fish and wildlife ing at cross-purposes. natural resources for the people of the United in the Great Lakes Basin.’’ In addition, 1481 sets up a new grant States. In 1990, Congress authorized the res- There is a problem relating to this program to enable States and Native toration study to assess the status and needs that just came to my attention during American tribal groups to carry out of the fishery and wildlife resources of the a call I received from the Governor’s restoration projects that implement Great Lakes and to provide recommendations office in Michigan. As some of my col- the specific recommendations con- for better management and conservation of leagues may be aware, there have been several court cases on the issue of In- tained in the 1995 study. On the issue of those resources. Now that the study has been dian fishing rights in Michigan, result- invasive and noninvasive species, the completed, it is time to implement those rec- ing in a substantial number of court Great Lakes Fish and Wildlife Restora- ommendations to ensure the long term sus- decisions. And my concern is that this tion Act will continue to provide the tainability of these valuable resources. language in the bill might be inter- resources to help stop the influx of The bill has bipartisan support, as well as preted to say that those tribes which these creatures. And in regard to the the support of the Administration, and I urge have been given certain rights in court sea lamprey, the legislation ensures its passage today. that authority for sea lamprey control Mr. Speaker, I yield back the balance cases would be regarded as having man- is retained by the Great Lakes Fishery of my time. agement authority. If that were true, Commission. Mr. GILCHREST. Mr. Speaker, I then we might well have 5 or 6 times Additionally, the Secretary of the yield myself such time as I may con- more representatives of Indian tribes Army, upon request by the Great Lakes sume. than from the State of Michigan on Fishery Commission, may improve I would like to make a very quick this commission. That would make it water resources projects related to sea comment to the gentleman from Ohio somewhat unbalanced. I assume the intent was not to do lamprey management. However, non- who said that Mark Twain made a com- that and I want to get that on the Federal entities will be responsible for ment that the early demise of the record. Perhaps both the chairman and 25 percent of the cost of implementing Great Lakes is greatly exaggerated. I the sponsor of the bill can assure me any proposal other than those involved think in order to continue to make that that is not the intent, and that in in construction of sea lamprey bar- that statement humorous, those of us fact we will use and interpret the lan- riers. For Members who are unfamiliar in the House must continue to work guage as it was originally intended. with the sea lamprey, in addition to vigilantly, steadfastly with the gen- Mr. GILCHREST. Mr. Speaker, will looking like something that comes out tleman from Ohio (Mr. LATOURETTE), the gentleman yield? of a horror movie, the sea lamprey is a the gentleman from Michigan (Mr. KIL- Mr. EHLERS. I yield to the gen- parasite and each lamprey can destroy DEE) and other Members to ensure that tleman from Maryland. 10 to 40 pounds of fish during its life- we understand the nature of the me- Mr. GILCHREST. Mr. Speaker, we time. chanics of natural processes so that the will continue to look at this very close- The Great Lakes are an incredible Great Lakes cannot only continue to ly. That certainly is not our intent. success story. It is one that no one be great but we can restore them to Our intent with this legislation is to would have believed just a few years what they were 100 years ago. ensure that all participating parties ago. The Great Lakes Fish and Wildlife Mr. Speaker, I yield 2 minutes to the improve the quality of the Great Lakes Restoration Act will build upon this gentleman from Michigan (Mr. Basin, not to give one any more advan- success. EHLERS). tage over another. This is bipartisan legislation. It has (Mr. EHLERS asked and was given Mr. EHLERS. I thank the gentleman strong support in the other body. In permission to revise and extend his re- for his comments. fact, it is my understanding that if marks.) Mr. GILCHREST. Mr. Speaker, I have H.R. 1481 receives favorable consider- Mr. EHLERS. Mr. Speaker, I first of no further requests for time, and I ation today, the other body will take it all want to commend the sponsor and yield back the balance of my time. up immediately. cosponsors of this bill as well as the The SPEAKER pro tempore (Mr. Relative to the observations made by committee members. It is an excellent UPTON). The question is on the motion our distinguished colleague from bill. It will serve the Great Lakes well. offered by the gentleman from Mary- Michigan, I am fully aware of the fact I particularly commend the gen- land (Mr. GILCHREST) that the House that he has championed the cause tleman from Ohio (Mr. LATOURETTE) suspend the rules and pass the bill, about which he spoke today on the for continuing in his efforts to be a H.R. 1481, as amended. floor. It is only because of some resist- conservator of the Great Lakes. He has The question was taken; and (two- ance in the other body that we were done a tremendous amount of good thirds having voted in favor thereof) September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8469 the rules were suspended and the bill, (c) DISCLAIMER ON NEW APPROPRIATIONS.— HOUSE OF REPRESENTATIVES, as amended, was passed. (1) Nothing in this section shall be inter- COMMITTEE ON THE JUDICIARY, The title of the bill was amended so preted to— Washington, DC, September 11, 1998. as to read: ‘‘To amend the Great Lakes (A) constitute an independent authoriza- Re H.R. 2314—Kickapoo Tribe of Oklahoma. tion for the appropriation of funds for bene- Hon. DON YOUNG, Fish and Wildlife Restoration Act of fit of the Kickapoo Tribe of Oklahoma, or 1990 to provide for implementation of Chairman, Committee on Resources, (B) result in the diminution of funding to Washington, DC. recommendations of the United States any other federally recognized Indian tribe. DEAR CHAIRMAN YOUNG: I understand that Fish and Wildlife Service contained in (2) The Secretary shall, upon request of the the Committee on Resources wishes to pro- the Great Lakes Fishery Resources Kickapoo Tribe of Oklahoma and subject to ceed expeditiously to the floor with H.R. Restoration Study.’’. the availability of appropriations, provide 2314, a bill to provide certain benefits to the A motion to reconsider was laid on technical assistance to prevent duplication Kickapoo Tribe of Oklahoma. The Commit- the table. of services for members of any federally rec- tee on the Judiciary has jurisdiction over ognized tribe in Maverick County, Texas. Section 3 of the bill, which would provide f SEC. 3. LAND ACQUISITION. certain immigration benefits to the tribe. A number of important immigration issues GENERAL LEAVE (a) 45 ACRES.—Pursuant to section 5 of the are raised by Section 3 of the bill, and the Mr. GILCHREST. Mr. Speaker, I ask Act of June 18, 1934 (25 U.S.C. 465), the Sec- Judiciary Committee has been working to- retary may accept at least 45 acres of land ward a global legislative solution of those unanimous consent that all Members held in fee by the Kickapoo Tribe of Okla- may have 5 legislative days in which to issues for the Kickapoo Tribe and many homa in Maverick County, Texas, to be held other similarly situated Indian tribes. To revise and extend their remarks on in trust for the benefit of the Kickapoo Tribe that end, the Committee requested relevant H.R. 1481, the bill just passed. of Oklahoma. information from the Justice Department’s The SPEAKER pro tempore. Is there (b) ADDITIONAL LAND.—Pursuant to land Office of Tribal Justice, the Immigration and objection to the request of the gen- acquisition authority under the Act of June Naturalization Service, and the Bureau of In- tleman from Maryland? 18, 1934 (25 U.S.C. 461 et seq.), the Secretary dian Affairs on February 11, 1998. Unfortu- There was no objection. may accept in trust for the benefit of the nately, much of the requested information Kickapoo Tribe of Oklahoma any additional has still not been provided, so the Commit- f land in Maverick County, Texas, acquired by tee is not yet prepared to craft an optimal the Kickapoo Tribe of Oklahoma. legislative solution. KICKAPOO TRIBE OF OKLAHOMA (c) NO LIMITATION OF AUTHORITY.—Nothing However, the Judiciary Committee would FEDERAL INDIAN SERVICES RES- in this section shall be construed as limiting have no objection if the Resources Commit- TORATION ACT OF 1998 the authority of the Secretary under section tee proceeded to the floor, on the suspension Mr. GILCHREST. Mr. Speaker, I 5 of the Act of June 18, 1934 (48 Stat. 985). calendar, with a manager’s amendment to H.R. 2314 with the Section 3 immigration move to suspend the rules and pass the The SPEAKER pro tempore. Pursu- provisions removed. Please let me know if bill (H.R. 2314) to restore Federal In- ant to the rule, the gentleman from this is acceptable. dian services to members of the Kick- Maryland (Mr. GILCHREST) and the gen- Sincerely, apoo Tribe of Oklahoma residing in tleman from California (Mr. MILLER), HENRY J. HYDE, Maverick County, Texas, to clarify each will control 20 minutes. Chairman. United States citizenship status of The Chair recognizes the gentleman Mr. Speaker, I yield such time as he such members, to provide trust land for from Maryland (Mr. GILCHREST). may consume to the gentleman from the benefit of the Tribe, and for other (Mr. GILCHREST asked and was Oklahoma (Mr. WATKINS) for an expla- nation of the bill. purposes, as amended. given permission to revise and extend Mr. WATKINS. Mr. Speaker, I rise to The Clerk read as follows: his remarks.) support and ask my colleagues on both H.R. 2314 Mr. GILCHREST. Mr. Speaker, I Be it enacted by the Senate and House of Rep- sides to support this. I believe it has bi- yield myself such time as I may con- partisan bill support and understands resentatives of the United States of America in sume. Congress assembled, the administration supports it. H.R. 2314, the proposed Kickapoo SECTION 1. SHORT TITLE. In fact, H.R. 2314 rectifies disputes This Act may be cited as the ‘‘Kickapoo Tribe of Oklahoma Federal Indian that have arisen over housing, medical Tribe of Oklahoma Federal Indian Services Services Restoration Act of 1998 would and other social services for Kickapoos Restoration Act of 1998’’. restore Federal Indian services to that are residing in Texas down in SEC. 2. RESTORATION OF FEDERAL INDIAN SERV- members of the Kickapoo Tribe of Maverick County. This will allow the ICES. Oklahoma who reside in Texas. services to be provided in many areas, (a) IN GENERAL.—Notwithstanding any Mr. Speaker, I include the following and it is very much needed. These dis- other provision of law, the members of the letters for the RECORD: putes have been discussed for a number Kickapoo Tribe of Oklahoma residing in of years. Maverick County, Texas, shall be eligible for U.S. HOUSE OF REPRESENTATIVES, COMMITTEE ON RESOURCES, The proposed legislation has been all Federal services and benefits furnished to agreed upon by all parties involved. I members of federally-recognized tribes with- Washington, DC, September 18, 1998. out regard to the existence of a reservation Hon. HENRY J. HYDE, know I have worked with several of for the Kickapoo Tribe of Oklahoma in Mav- Chairman, Committee on the Judiciary, them. I would just like to encourage erick County, Texas. In the case of Federal Washington, DC. the Members to support this bill under services available to members of federally- DEAR MR. CHAIRMAN: Thank you for your suspensions at this time. recognized tribes residing on or near a res- letter regarding H.R. 2314, a bill to provide Mr. MILLER of California. Mr. ervation, the members of the Kickapoo Tribe certain benefits to the Kickapoo Tribe of Speaker, I yield 2 minutes to the gen- Oklahoma. I understand that the Committee of Oklahoma residing in Maverick County, tleman from American Samoa (Mr. Texas, shall be deemed to be residing on or on the Judiciary, which has Rule X jurisdic- tion over section 3 of H.R. 2314 providing cer- FALEOMAVAEGA). near a reservation. (Mr. FALEOMAVAEGA asked and (b) COOPERATION WITH THE MEXICAN GOV- tain immigration benefits to the tribe, re- was given permission to revise and ex- ERNMENT.—In providing services pursuant to quires more time to address properly the subsection (a), the Secretary of the Interior issues raised by that section. tend his remarks.) (referred to hereafter in this Act as the ‘‘Sec- However, I understand that the Committee Mr. FALEOMAVAEGA. Mr. Speaker, retary’’) and the head of each department on the Judiciary will not object if the Com- this is a bill which points out how dif- and agency shall consult and cooperate with mittee on Resources proceeds to the Floor ferences in cultures make it difficult to appropriate officials or agencies of the Mexi- with the bill with an amendment to strike legislate on a national level. can Government to the greatest extent pos- section 3. This arrangement is acceptable to The Kickapoo tribe is a noted tribe sible to ensure that such services meet the the Committee on Resources and the author which inhabited lands in the States of special tricultural needs of the members of of the bill and we will act accordingly. Oklahoma, Texas and Mexico. This free the Kickapoo Tribe of Oklahoma residing in Thank you for your cooperation and that lifestyle has led to questions concern- Texas. Such consultation and cooperation of your staff, especially Daniel Freeman and may include joint funding agreements be- Jim Wilon, in this effort. ing the citizenship of tribal members tween such agency or department of the Sincerely, and the eligibility of tribal members United States and the appropriate agencies DON YOUNG, for Federal and State health, housing and officials of the Mexican Government. Chairman. and social welfare programs. H8470 CONGRESSIONAL RECORD — HOUSE September 23, 1998 While I question the necessity of hav- I understand that the Traditional Tribe of (3) it is in the interest of the United States ing members of the Kickapoo tribe of Texas has concerns about the trust status ac- for the Secretary of Agriculture to enter Oklahoma who reside in Texas apply quisition of lands for the Oklahoma Kickapoos into an Option Agreement for the acquisition for U.S. citizenship, it seems to me of land owned by Big Sky Lumber Co. to ac- so close to their own reservation, and again I complish the purposes of this Act; and there could have been a more expedient am pleased that we are making a change (4) other private property owners are will- way to handle this issue. today that clarifies that the Secretary is not ing to enter into exchanges that further im- I strongly support the efforts being mandated to take a 45-acre parcel of land into prove the ownership pattern of the Gallatin made to clarify the citizenship issue trust for the Oklahoma Kickapoos. Leaving the National Forest. and the eligibility of these Native Secretary with discretionary authority will in- SEC. 3. DEFINITIONS. American Indians for Federal and sure that the Traditional Tribe is appropriately In this Act: State benefits. I also support the au- consulted in the land acquisition process. (1) BLM LAND.—The term ‘‘BLM land’’ thorization for the Department of the Mr. Speaker, I yield back the balance means approximately 2,000 acres of Bureau of Interior to take into trust 25 acres of of my time. Land Management land (including all appur- land in Maverick County, Texas for the Mr. GILCHREST. Mr. Speaker, I have tenances to the land) that is proposed to be acquired by BSL, as depicted in Exhibit B to Kickapoo tribe. no further requests for time, and I This is the third of three American the Option Agreement. yield back the balance of my time. (2) BSL.—The term ‘‘BSL’’ means Big Sky Indian bills being considered by the The SPEAKER pro tempore. The Lumber Co., an Oregon joint venture, and its House today, and again I want to thank question is on the motion offered by successors and assigns, and any other enti- the gentleman from Alaska (Mr. the gentleman from Maryland (Mr. ties having a property interest in the BSL YOUNG) of our committee and the sen- GILCHREST) that the House suspend the land. ior Democratic member, the gentleman rules and pass the bill, H.R. 2314, as (3) BSL LAND.—The term ‘‘BSL land’’ from California (Mr. MILLER) for their amended. means approximately 54,000 acres of land (in- efforts in bringing this legislation to The question was taken; and (two- cluding all appurtenances to the land except the floor. I urge my colleagues to sup- as provided in section 4(e)(1)(D)(i)) owned by thirds having voted in favor thereof) BSL that is proposed to be acquired by the port this bill. the rules were suspended and the bill, I thank the gentleman from Okla- Secretary of Agriculture, as depicted in Ex- as amended, was passed. hibit A to the Option Agreement. homa for his sponsorship of this legis- The title of the bill was amended so (4) EASTSIDE NATIONAL FORESTS.—The term lation. as to read: ‘‘To restore Federal Indian ‘‘Eastside National Forests’’ means national (Mr. MILLER of California asked and services to members of the Kickapoo forests east of the Continental Divide in the was given permission to revise and ex- Tribe of Oklahoma residing in Mav- State of Montana, including the Beaverhead tend his remarks.) erick County, Texas, to provide trust National Forest, Deerlodge National Forest, Mr. MILLER of California. Mr. Helena National Forest, Custer National land for the benefit of the Tribe, and Speaker, I yield myself such time as I Forest, and Lewis and Clark National For- for other purposes.’’. est. may consume. A motion to reconsider was laid on As the gentleman from American (5) NATIONAL FOREST SYSTEM LAND.—The the table. Samoa has noted and the gentleman term ‘‘National Forest System land’’ means from Oklahoma, this restores the pro- f approximately 29,000 acres of land (including all appurtenances to the land) owned by the vision of BIA and IHS services to mem- GENERAL LEAVE United States in the Gallatin National For- bers of the Kickapoo tribe in Okla- Mr. GILCHREST. Mr. Speaker, I ask est, Flathead National Forest, Deerlodge Na- homa. This bill has strong bipartisan unanimous consent that all Members tional Forest, Helena National Forest, Lolo support. I urge its passage. may have 5 legislative days to revise National Forest, and Lewis and Clark Na- Mr. Speaker, this bill as has already been and extend their remarks and include tional Forest that is proposed to be acquired by BSL, as depicted in Exhibit B to the Op- noted, restores the provision of BIA and IHS extraneous material on H.R. 2314, the services to members of the Kickapoo Tribe of tion Agreement. bill just passed. (6) OPTION AGREEMENT.—The term ‘‘Option Oklahoma, a largely migratory band of Indi- The SPEAKER pro tempore. Is there ans, who often reside for part of the year in Agreement’’ means— objection to the request of the gen- (A) the document signed by BSL, dated Maverick County, Texas. tleman from Maryland? July 29, 1998, and entitled ‘‘Option Agree- Although Congress took steps in 1983 to There was no objection. ment for the Acquisition of Big Sky Lumber ensure that all Kickapoos living in Texas f Co. Lands Pursuant to the Gallatin Range would be eligible for federal services, there Consolidation and Protection Act of 1993’’; was internal political friction among the GALLATIN LAND CONSOLIDATION (B) the exhibits and maps attached to the Kickapoos residing in Texas that resulted in ACT OF 1998 document described in subparagraph (A); and (C) an exchange agreement to be entered the formation of the federally-recognized Kick- Mrs. CHENOWETH. Mr. Speaker, I apoo Traditional Tribe of Texas in 1989. into between the Secretary and BSL and move to suspend the rules and pass the made part of the document described in sub- Some of the Texas Kickapoos, namely bill (H.R. 3381) to direct the Secretary those who refused to acknowledge the leader- paragraph (A). of Agriculture and the Secretary of the (7) SECRETARY.—The ‘‘Secretary’’ means ship of the Traditional Tribe, chose instead to Interior to exchange land and other as- the Secretary of Agriculture. remain affiliated with the Kickapoo Tribe of sets with Big Sky Lumber Co., as SEC. 4. GALLATIN LAND CONSOLIDATION COM- Oklahoma. amended. PLETION. The problem that we are addressing today The Clerk read as follows: (a) IN GENERAL.—Notwithstanding any is how to ensure that the Kickapoos in Texas other provision of law, and subject to the H.R. 3381 who remain affiliated with the Oklahoma Tribe terms and conditions of the Option Agree- retain the full rights and benefits of the trust by the Senate and House of Representatives of ment— the United States of America in Congress assem- relationship with the United States. In other (1) if BSL offers title acceptable to the bled, Secretary to the BSL land— words, we want to ensure that they receive SECTION 1. SHORT TITLE. appropriate IHS and BIA services, even when (A) the Secretary shall accept a warranty This Act may be cited as the ‘‘Gallatin deed to the BSL land and a quit claim deed they are residing in Texas. Land Consolidation Act of 1998’’. to agreed to mineral interests in the BSL The trick, of course, is to make sure that we SEC. 2. FINDINGS. land; don't diminish the limited resources of the Tra- Congress finds that— (B) the Secretary shall convey to BSL, sub- ditional Tribe of Texas. If there are Texas (1) the land north of Yellowstone National ject to valid existing rights and to other Kickapoos who chose to remain affiliated with Park possesses outstanding natural charac- terms, conditions, reservations, and excep- the Oklahoma Kickapoos, then the costs of teristics and wildlife habitats that make the tions as may be agreed to by the Secretary such services should be charged to the Okla- land a valuable addition to the National For- and BSL, fee title to the National Forest homa Kickapoos. That is why I am pleased est System; System land; and (2) it is in the interest of the United States (C) the Secretary of the Interior shall con- that we are adding today a provision that clari- to establish a logical and effective ownership vey to BSL, by patent or otherwise, subject fies that nothing in the bill will result in a di- pattern for the Gallatin National Forest, re- to valid existing rights and other terms, con- minishing of services to the Traditional Tribe ducing long-term costs for taxpayers and in- ditions, reservations, and exceptions as may or count as an independent authorization of creasing and improving public access to the be agreed to by the Secretary of the Interior funds for the Oklahoma Kickapoos. forest; and BSL, fee title to the BLM land; September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8471 (2) if BSL places title in escrow acceptable Act of 1976 (43 U.S.C. 1701 et seq.), shall con- Federal Lands in Facilitated Exchanges’’ and to the Secretary to 111⁄2 sections of the BSL vey to BSL such easements in or other ‘‘Federal Lands in Facilitated Exchanges’’ land in the Taylor Fork area as set forth in rights-of-way over National Forest System and dated July 1998. the Option Agreement— land for access to the land acquired by BSL (2) EQUAL VALUE.—Before entering into an (A) the Secretary shall place Federal land under this Act for all lawful purposes; and exchange under paragraph (1), the Secretary in the Bangtail and Doe Creek areas of the (2) BSL shall convey to the United States shall determine that the parcels of land to be Gallatin National Forest, as identified in the such easements in or other rights-of-way exchanged are of approximately equal value, Option Agreement, in escrow pending con- over land owned by BSL for all lawful pur- based on an appraisal. veyance to the Secretary of the Taylor Fork poses, as may be agreed to by the Secretary (b) SECTION 1 OF THE TAYLOR FORK LAND.— land, as identified in the Option Agreement and BSL. (1) IN GENERAL.—The Secretary is encour- in escrow; (e) QUALITY OF TITLE.— aged to pursue a land exchange with the (B) the Secretary, subject to the availabil- (1) DETERMINATION.—The Secretary shall owner of section 1 of the Taylor Fork land ity of funds, shall purchase 71⁄2 sections of review the title for the BSL land described in after completing a full public process and an BSL land in the Taylor Fork area held in es- subsection (a) and, within 45 days after re- appraisal. crow and identified in the Option Agreement ceipt of all applicable title documents from (2) REPORT.—The Secretary shall report to at a purchase price of $4,150,000; and BSL, determine whether— Congress on the implementation of para- (C) the Secretary shall acquire the 4 Tay- (A) the applicable title standards for Fed- graph (1) not later than 180 days after the lor Fork sections identified in the Option eral land acquisition have been satisfied and date of enactment of this Act. Agreement remaining in escrow, and any of the quality of the title is otherwise accept- SEC. 6. GENERAL PROVISIONS. the 6 sections referred to in subparagraph (B) able to the Secretary of Agriculture; (a) MINOR CORRECTIONS.— for which funds are not available, by provid- (B) all draft conveyances and closing docu- (1) IN GENERAL.—The Option Agreement ing BSL with timber sale receipts from tim- ments have been received and approved; shall be subject to such minor corrections ber sales on the Gallatin National Forest and (C) a current title commitment verifying and supplemental provisions as may be other eastside national forests in the State compliance with applicable title standards agreed to by the Secretary and BSL. of Montana in accordance with subsection has been issued to the Secretary; and (2) NOTIFICATION.—The Secretary shall no- (c); and (D) the title includes both the surface and tify the Committee on Energy and Natural (3)(A) as funds or timber sale receipts are subsurface estates without reservation or ex- Resources of the Senate, the Committee on received by BSL— ception (except as specifically provided in Resources of the House of Representatives, (i) the deeds to an equivalent value of BSL this Act), including— and each member of the Montana congres- Taylor Fork land held in escrow shall be re- (i) minerals, mineral rights, and mineral sional delegation of any changes made under leased and conveyed to the Secretary; and interests (including severed oil and gas sur- this subsection. face rights), subject to and excepting other (ii) the escrow of deeds to an equivalent (3) BOUNDARY ADJUSTMENT.— outstanding or reserved oil and gas rights; value of Federal land shall be released to the (A) IN GENERAL.—The boundary of the Gal- (ii) timber, timber rights, and timber in- Secretary in accordance with the terms of latin National Forest is adjusted in the terests (except those reserved subject to sec- the Option Agreement; or Wineglass and North Bridger area, as de- tion 251.14 of title 36, Code of Federal Regula- (B) if funds or timber sale receipts are not scribed on maps dated July 1998, upon com- tions, by BSL and agreed to by the Sec- provided to BSL as provided in the Option pletion of the conveyances. Agreement, BSL shall be entitled to receive retary); (B) NO LIMITATION.—Nothing in this sub- (iii) water, water rights, ditch, and ditch patents and deeds to an equivalent value of section limits the authority of the Secretary rights; the Federal land held in escrow. to adjust the boundary pursuant to section (b) VALUATION.— (iv) geothermal rights; and 11 of the Act of March 1, 1911 (commonly (1) IN GENERAL.—The property and other (v) any other interest in the property. known as the ‘‘Weeks Act’’) (16 U.S.C. 521). assets exchanged or conveyed by BSL and (2) CONVEYANCE OF TITLE.— (C) ALLOCATION OF LAND AND WATER CON- the United States under subsection (a) shall (A) IN GENERAL.—If the quality of title does SERVATION FUND MONEYS.—For the purposes be approximately equal in value, as deter- not meet Federal standards or is otherwise of section 7 of the Land and Water Conserva- mined by the Secretary. determined to be unacceptable to the Sec- tion Fund Act of 1965 (16 U.S.C. 460l–9), (2) DIFFERENCE IN VALUE.—To the extent retary of Agriculture, the Secretary shall ad- boundaries of the Gallatin National Forest that the property and other assets exchanged vise BSL regarding corrective actions nec- shall be considered to be the boundaries of or conveyed by BSL or the United States essary to make an affirmative determination the National Forest as of January 1, 1965. under subsection (a) are not approximately under paragraph (1). (b) PUBLIC AVAILABILITY.—The Option (B) TITLE TO SUBSURFACE ESTATE.—Title to equal in value, as determined by the Sec- Agreement— the subsurface estate shall be conveyed by retary, the values shall be equalized in ac- (1) shall be on file and available for public BSL to the Secretary in the same form and cordance with methods identified in the Op- inspection in the office of the Supervisor of content as that estate is received by BSL tion Agreement. the Gallatin National Forest; and (c) TIMBER SALE PROGRAM.— from Burlington Resources Oil & Gas Com- (2) shall be filed with the county clerk of (1) IN GENERAL.—The Secretary shall im- pany Inc. and Glacier Park Company. each of Gallatin County, Park County, Madi- plement a timber sale program, according to (f) TIMING OF IMPLEMENTATION.— son County, Granite County, Broadwater the terms and conditions identified in the (1) LAND-FOR-LAND EXCHANGE.—The Sec- County, Meagher County, Flathead County, Option Agreement and subject to compliance retary shall accept the conveyance of land described in subsection (a) not later than 45 and Missoula County, Montana. with applicable environmental laws (includ- (c) COMPLIANCE WITH OPTION AGREEMENT.— days after the Secretary has made an affirm- ing regulations), judicial decisions, memo- The Secretary, the Secretary of the Interior, ative determination of quality of title. randa of understanding, small business set- and BSL shall comply with the terms and (2) LAND-FOR-TIMBER SALE RECEIPT EX- aside rules, and acts beyond the control of conditions of the Option Agreement except the Secretary, to generate sufficient timber CHANGE.—As provided in subsection (c) and to the extent that any provision of the Op- receipts to purchase the portions of the BSL the Option Agreement, the Secretary shall tion Agreement conflicts with this Act. land in Taylor Fork identified in the Option make timber receipts described in subsection (d) STATUS OF LAND.—All land conveyed to Agreement. (a)(3) available not later than December 31 of the United States under this Act shall be (2) IMPLEMENTATION.—In implementing the the fifth full calendar year that begins after added to and administered as part of the Gal- timber sale program— the date of enactment of this Act. latin National Forest and Deerlodge Na- (A) the Secretary shall provide BSL with a (3) PURCHASE.—The Secretary shall com- tional Forest, as appropriate, in accordance proposed annual schedule of timber sales; plete the purchase of BSL land under sub- with the Act of March 1, 1911 (5 U.S.C. 515 et (B) as set forth in the Option Agreement, section (a)(2)(B) not later than 30 days after seq.), and other laws (including regulations) receipts generated from the timber sale pro- the date on which funds are made available pertaining to the National Forest System. gram shall be deposited by the Secretary in for such purchase and an affirmative deter- (e) MANAGEMENT.— a special account established by the Sec- mination of quality of title is made with re- (1) PUBLIC PROCESS.—Not later than 30 days retary and paid by the Secretary to BSL; spect to the BSL land. after the date of completion of the land-for- (C) receipts from the Gallatin National SEC. 5. OTHER FACILITATED EXCHANGES. land exchange under section 4(f)(1), the Sec- Forest shall not be subject to the Act of May (a) AUTHORIZED EXCHANGES.— retary shall initiate a public process to 23, 1908 (16 U.S.C. 500); and (1) IN GENERAL.—The Secretary shall enter amend the Gallatin National Forest Plan (D) the Secretary shall fund the timber into the following land exchanges if the land- and the Deerlodge National Forest Plan to sale program at levels determined by the owners are willing: integrate the acquired land into the plans. Secretary to be commensurate with the (A) Wapiti land exchange, as outlined in (2) PROCESS TIME.—The amendment process preparation and administration of the identi- the documents entitled ‘‘Non-Federal Lands under paragraph (1) shall be completed as fied timber sale program. in Facilitated Exchanges’’ and ‘‘Federal soon as practicable, and in no event later (d) RIGHTS-OF-WAY.—As specified in the Lands in Facilitated Exchanges’’ and dated than 540 days after the date on which the Option Agreement— July 1998. amendment process is initiated. (1) the Secretary, under the authority of (B) Eightmile/West Pine land exchange as (3) LIMITATION.—An amended management the Federal Land Policy and Management outlined in the documents entitled ‘‘Non- plan shall not permit surface occupancy on H8472 CONGRESSIONAL RECORD — HOUSE September 23, 1998 the acquired land for access to reserved or the public and private land holdings in Mr. MILLER of California. Mr. outstanding oil and gas rights or for explo- the Gallatin National Forest. It pro- Speaker, I yield myself such time as I ration or development of oil and gas. poses to authorize the exchange of may consume, and I rise in support of (4) INTERIM MANAGEMENT.—Pending com- 54,000 private acres of privately held this legislation. pletion of the forest plan amendment process under paragraph (1), the Secretary shall— lands for approximately 29,000 acres of (Mr. MILLER of California asked and (A) manage the acquired land under the U.S. Forest Service lands. was given permission to revise and ex- standards and guidelines in the applicable It creatively provides also for the use tend his remarks.) land and resource management plans for ad- of timber sale receipts to bring these Mr. MILLER of California. Mr. jacent land managed by the Forest Service; values into balance. The consolidation Speaker, at the outset, I want to com- and of these holdings is a win-win propo- mend the gentleman from Montana (B) maintain all existing public access to sition. Taxpayers win by consolidating (Mr. HILL) for his efforts to bring this the acquired land. lands to allow for improved and more matter before the committee and to (f) RESTORATION.— (1) IN GENERAL.—The Secretary shall im- efficient management of the public the floor of the House. plement a restoration program including re- lands. It means also that sportsmen I also want to acknowledge the lead- forestation and watershed enhancements to and women and recreationalists will ership role of Senator Bachus in devel- bring the acquired land and surrounding na- have access to more of their land. oping this agreement, which contained tional forest land into compliance with For- both H.R. 3381 and a companion bill in b 1445 est Service standards and guidelines. the Senate. (2) STATE AND LOCAL CONSERVATION It also consolidates private land As the gentleman from Montana (Mr. CORPS.—In implementing the restoration holdings that can accommodate the HILL) pointed out, this is the second program, the Secretary shall, when prac- better management of those lands. It phase of the congressionally authorized ticable, use partnerships with State and allows for orderly and responsible re- local conservation corps, including the Mon- acquisition of checkerboard railroad tana Conservation Corps, under the Public source management, and that means grant lands in the Gallatin Range and Lands Corps Act of 1993 (16 U.S.C. 1721 et that we will be able to retain impor- other areas in western Montana near seq.). tant natural resource jobs that are also Yellowstone National Park. (g) IMPLEMENTATION.—The Secretary of Ag- vital to Montana communities. And The first phase was authorized back riculture shall ensure that sufficient funds this bill specifically protects critical in 1993, at which time we acquired are made available to the Gallatin National wildlife habitat from subdivision. 37,000 acres; and this would provide for Forest to carry out this Act. These lands lie just north of Yellow- (h) REVOCATIONS.—Notwithstanding any 55,000 acres of really some of the most other provision of law, any public orders stone National Park, Mr. Speaker. magnificent wildlife range and scenic withdrawing lands identified in the Option They will provide migration and winter areas in the western United States. Agreement from all forms of appropriation range for deer and elk populations. In the second phase as set forth in the cur- under the public land laws are revoked upon This is a very popular hunting and fish- rent bill, the Forest Service would gain an ad- conveyance of the lands by the Secretary. ing and recreation area. For this rea- ditional 55,000 acres in the Taylor Fork and SEC. 7. AUTHORIZATION OF APPROPRIATIONS. son, this bill has the support of a broad other important fish and wildlife areas within There are authorized to be appropriated range of citizen groups, including re- the Gallatin National Forest. such sums as are necessary to carry out this source interest groups, conservation Act. Recently, Forest Service exchanges have and sportsman organizations and envi- come under the scrutiny of the Department's The SPEAKER pro tempore. Pursu- ronmentalists as well. It is also sup- Inspector General and generated controversy ant to the rule, the gentlewoman from ported by private land owners and the in Nevada, Washington, and other western Idaho (Mrs. CHENOWETH) and the gen- U.S. Forest Service and the adminis- states. In response, Chief Mike Dombeck has tleman from California (Mr. MILLER), tration. adopted new procedures which include review each will control 20 minutes. A companion measure is before the The Chair recognizes the gentle- of appraisals and approval of land exchanges Senate and has the bipartisan support by the Washington office. I welcome this woman from Idaho (Mrs. CHENOWETH). (Mrs. CHENOWETH asked and was of both of Montana’s senators. heightened scrutiny of land exchanges. I have Mr. Speaker, this bill provides flexi- given permission to revise and extend long-standing concerns about abuses of land bility in the implementing of this ex- her remarks.) exchanges and prefer instead that the admin- Mrs. CHENOWETH. Mr. Speaker, I change option so that all the interested istration give greater emphasis to land pur- yield myself such time as I may con- parties can include the agreement that chases using the amply endowed Land and sume. is embodied in the exchange option. Water Conservation Fund. H.R. 3381, the Gallatin Land Consoli- I would like to just take a moment to In this case, however, we are assured by dation Act of 1998, was introduced by thank all those who have worked to try the Forest Service that the exchange fosters my colleague, the gentleman from to create this consensus-based solu- the public interest by acquiring critical habitat Montana (Mr. HILL) on March 5 of this tion. The Gallatin National Forest Su- for elk, moose, grizzly bear, and other fish and year. The gentleman from Montana pervisor, Big Sky Lumber Company, wildlife. These lands have significant economic (Mr. HILL) deserves great credit for Governor Marc Racicot, the Montana value for public recreation. The agency con- bringing a decade of negotiations to a Fish, Wildlife & Parks Organization, siders the asset swap to be a fair deal for the successful conclusion in the form of the Greater Yellowstone Coalition, taxpayers, based on appraisals which have this bill. Rocky Mountain Elk Foundation, the been reviewed by the Chief Appraiser. And Anyone who has worked on com- Headwaters Fish & Game Association, the agency has engaged in a thorough public plicated land exchange problems of this the Wilderness Society, the Montana process in developing this exchange and has magnitude knows the daunting task of Land Alliance, the Upper Gallatin submitted a detailed report to Congress. trying to forge an agreement between Community, the Bridger Canyon Prop- Mr. Speaker, we should recognize that it is the environmental community, land- erty Owners Association, the very difficult to develop anything close to a owners, the Federal and State govern- Battleridge/Bangtail Coalition, the consensus on many western public land use ment, the communities and interested Gallatin Valley Snowmobile Associa- issues. To the credit of the Montana delega- parties. It is usually an impossible tion, the Independent Forest Products tion, they have brought to us in this legislation task. I congratulate the gentleman Association, and members of the Mon- an agreement which has been negotiated to from Montana (Mr. HILL) for this ac- tana Delegation staff, Peggy Trenk of the satisfaction of the Forest Service and Big complishment. my staff and Sue Brook and Brian Kay Sky Lumber and which is supported by an Mr. Speaker, I yield such time as he of the senator’s staff. array of diverse interests in Montana, including may consume to the gentleman from I urge all my colleagues to support the Governor and environmental groups such Montana (Mr. HILL). this bill. It has broad bipartisan sup- as the Greater Yellowstone Coalition and The Mr. HILL. Mr. Speaker, I thank the port both here in Washington and in Wilderness Society. gentlewoman from Idaho for yielding Montana. I urge adoption of the bill. me this time. Mrs. CHENOWETH. Mr. Speaker, I I want to again thank all of the par- This bill represents the culmination have no other requests for time, and I ties who worked so hard on this legisla- of over a decade’s work to consolidate reserve the balance of my time. tion and urge its passage. September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8473 Mr. Speaker, I yield back the balance (b) PURPOSE.—The purpose of this Act is to U.S.C. 191) and section 20 of the Geothermal of my time. facilitate and otherwise provide for the expe- Steam Act of 1970 (30 U.S.C. 1019). Mrs. CHENOWETH. Mr. Speaker, I ditious completion of the previously man- ‘‘(6) EXCHANGE ACCOUNT.— yield back the balance of my time. dated Federal acquisition of private mineral ‘‘(A) ESTABLISHMENT.—Notwithstanding and geothermal interests within the Mount any other provision of law, not later than 30 The SPEAKER pro tempore (Mr. St. Helens National Volcanic Monument. days after the completion of the exchange UPTON). The question is on the motion SEC. 3. ACQUISITION OF MINERAL AND GEO- with a company required by paragraph (2), offered by the gentlewoman from Idaho THERMAL INTERESTS WITHIN the Secretary of the Interior shall establish (Mrs. CHENOWETH) that the House sus- MOUNT ST. HELENS NATIONAL VOL- an exchange account for that company for pend the rules and pass the bill, H.R. CANIC MONUMENT. the monetary credits issued to that company 3381, as amended. Section 3 of the Act entitled ‘‘An Act to under paragraph (3). The account for a com- The question was taken; and (two- designate the Mount St. Helens National pany shall be established with the Minerals Volcanic Monument in the State of Washing- Management Service of the Department of thirds having voted in favor thereof) the Interior and have an initial balance of the rules were suspended and the bill, ton, and for other purposes’’, approved Au- gust 26, 1982 (Public Law 97–243; 96 Stat. 302; credits equal to $2,100,000. as amended, was passed. 16 U.S.C. 431 note), is amended by adding at ‘‘(B) USE OF CREDITS.—The credits in a The title of the bill was amended so the end the following new subsections: company’s account shall be available to the company for the purposes specified in para- as to read: ‘‘(g) EXCHANGES FOR MINERAL AND GEO- graph (3)(A). The Secretary of the Interior ‘‘A bill to direct the Secretary of Agri- THERMAL INTERESTS HELD BY CERTAIN COMPA- shall adjust the balance of credits in the ac- culture and the Secretary of the Interior to NIES.— count to reflect credits accepted by the Sec- exchange land and other assets with Big Sky ‘‘(1) DEFINITION OF COMPANY.—In this sub- retary of the Interior pursuant to paragraph Lumber Co. and other entities.’’. section, the term ‘company’ means a com- (4). pany referred to in subsection (c) or its as- A motion to reconsider was laid on ‘‘(C) TRANSFER OR SALE OF CREDITS.— signs or successors. the table. ‘‘(i) TRANSFER OR SALE AUTHORIZED.—A ‘‘(2) EXCHANGE REQUIRED.—Within 60 days f company may transfer or sell any credits in after the date of enactment of this sub- the company’s account to another person. section, the Secretary of the Interior shall GENERAL LEAVE ‘‘(ii) USE OF TRANSFERRED CREDITS.—Cred- acquire by exchange the mineral and geo- its transferred or sold under clause (i) may Mrs. CHENOWETH. Mr. Speaker, I thermal interests in the Monument of each be used in accordance with this subsection ask unanimous consent that all Mem- company. only by a person that is qualified to bid on, bers may have 5 legislative days within ‘‘(3) MONETARY CREDITS.— or that holds, a mineral, oil, or gas lease which to revise and extend their re- ‘‘(A) ISSUANCE.—In exchange for all min- under the Mineral Leasing Act (30 U.S.C. 181 eral and geothermal interests acquired by marks on H.R. 3381, as amended. et seq.), the Outer Continental Shelf Lands the Secretary of the Interior from each com- Act (43 U.S.C. 1331 et seq.), or the Geo- The SPEAKER pro tempore. Is there pany under paragraph (2), the Secretary of objection to the request of the gentle- thermal Steam Act of 1970 (30 U.S.C. 1001 et the Interior shall issue to each such com- seq.). woman from Idaho? pany monetary credits with a value of ‘‘(iii) NOTIFICATION.—Within 30 days after There was no objection. $2,100,000 that may be used for the payment the transfer or sale of any credits by a com- f of— pany, that company shall notify the Sec- ‘‘(i) not more than 50 percent of the bonus retary of the Interior of the transfer or sale. MOUNT ST. HELENS NATIONAL or other payments made by successful bid- The transfer or sale of any credit shall not VOLCANIC MONUMENT COMPLE- ders in any sales of mineral, oil, gas, or geo- be considered valid until the Secretary of the TION ACT thermal leases under the Mineral Leasing Interior has received the notification re- Act (30 U.S.C. 181 et seq.), the Outer Con- quired under this clause. Mrs. CHENOWETH. Mr. Speaker, I tinental Shelf Lands Act (43 U.S.C. 1331 et ‘‘(D) TIME LIMIT ON USE OF CREDITS.—On the move to suspend the rules and pass the seq.), or the Geothermal Steam Act of 1970 date that is 5 years after the date on which bill (H.R. 1659) to provide for the expe- (30 U.S.C. 1001 et seq.) in the contiguous 48 an account is created under subparagraph ditious completion of the acquisition of States; (A) for a company, the Secretary of the Inte- private mineral interests within the ‘‘(ii) not more than 10 percent of the bonus rior shall terminate that company’s account. Mount St. Helens National Volcanic or other payments made by successful bid- Any credits that originated in the termi- ders in any sales of mineral, oil, gas, or geo- nated account and have not been used as of Monument mandated by the 1982 Act thermal leases in Alaska under the laws that established the Monument, and the termination date, including any credits specified in clause (i); transferred or sold under subparagraph (C), for other purposes, as amended. ‘‘(iii) not more than 50 percent of any roy- shall become unusable. The Clerk read as follows: alty, rental, or advance royalty payment ‘‘(7) TITLE TO INTERESTS.—On the date of H.R. 1659 made to the United States to maintain any the establishment of an exchange account mineral, oil or gas, or geothermal lease in Be it enacted by the Senate and House of Rep- for a company under paragraph (6)(A), title the contiguous 48 States issued under the resentatives of the United States of America in to any mineral and geothermal interests laws specified in clause (i); or Congress assembled, that are held by the company and are to be ‘‘(iv) not more than 10 percent of any roy- acquired by the Secretary of the Interior SECTION. 1. SHORT TITLE. alty, rental, or advance royalty payment under paragraph (2) shall transfer to the This Act may be cited as the ‘‘Mount St. made to the United States to maintain any United States. Helens National Volcanic Monument Com- mineral, oil or gas, or geothermal lease in ‘‘(h) OTHER MINERAL AND GEOTHERMAL IN- pletion Act’’. Alaska issued under the laws specified in TERESTS.—Within 180 days after the date of SEC. 2. FINDINGS AND PURPOSE. clause (i). the enactment of this subsection, the Sec- (a) FINDINGS.—Congress finds the follow- ‘‘(B) VALUE OF CREDITS.—The total credits retary shall submit to the Committee on Re- ing: of $4,200,000 in value issued under subpara- sources of the House of Representatives and (1) The Act entitled ‘‘An Act to designate graph (A) are deemed to equal the fair mar- the Committee on Energy and Natural Re- the Mount St. Helens National Volcanic ket value of all mineral and geothermal in- sources of the Senate a report— Monument in the State of Washington, and terests to be conveyed by exchange under ‘‘(1) identifying all remaining privately for other purposes’’, approved August 26, 1982 paragraph (2). held mineral interests within the boundaries (96 Stat. 301; 16 U.S.C. 431 note), required the ‘‘(4) ACCEPTANCE OF CREDITS.—The Sec- of the Monument referred to in section 1(a); United States to acquire all land and inter- retary of the Interior shall accept credits and ests in land in the Mount St. Helens Na- issued under paragraph (3)(A) in the same ‘‘(2) setting forth a plan and a timetable by tional Volcanic Monument. manner as cash for the payments described which the Secretary would propose to com- (2) The Act directed the Secretary of Agri- in such paragraph. The use of the credits plete the acquisition of such interests.’’. culture to acquire the surface interests and shall be subject to the laws (including regu- The SPEAKER pro tempore. Pursu- the mineral and geothermal interests by sep- lations) governing such payments, to the ex- ant to the rule, the gentlewoman from arate exchanges and expressed the sense of tent the laws are consistent with this sub- Idaho (Mrs. CHENOWETH) and the gen- Congress that the exchanges be completed by section. tleman from California (Mr. MILLER) November 24, 1982, and August 26, 1983, re- ‘‘(5) TREATMENT OF CREDITS FOR DISTRIBU- spectively. TION TO STATES.—All amounts in the form of each will control 20 minutes. (3) The surface interests exchange was con- credits accepted by the Secretary of the In- The Chair recognizes the gentle- summated timely, but the exchange of all terior under paragraph (4) for the payments woman from Idaho (Mrs. CHENOWETH). mineral and geothermal interests has not described in paragraph (3)(A) shall be consid- (Mrs. CHENOWETH asked and was yet been completed a decade and a half after ered to be money received for the purpose of given permission to revise and extend the enactment of the Act. section 35 of the Mineral Leasing Act (30 her remarks.) H8474 CONGRESSIONAL RECORD — HOUSE September 23, 1998 Mrs. CHENOWETH. Mr. Speaker, I CHENOWETH) for yielding. She has been Mr. Speaker, the completion of the original yield myself such time as I may con- a great chairman. And I want to thank terms of the Mt. St. Helens National Volcanic sume. her staff. This has not been one of the Monument is long overdue. H.R. 1659 will ful- Mr. Speaker, H.R. 1659, introduced by easier bills, and I know that they did a fill the commitment made by the United States the gentlewoman from Washington lot of work in trying to negotiate the in a manner which is fair to both the private (Mrs. SMITH) directs the Secretary of final principles and values in this bill. landowners and the American taxpayers. This the Interior to fulfill a 1982 statutory I want to talk about what happened is a good bill that I urge my colleagues to sup- requirement that the Federal Govern- in 1980 for a moment so we understand port. ment acquire private lands and min- what brings us to this day. Mount St. Mrs. CHENOWETH. Mr. Speaker, I erals within the Mount St. Helens Na- Helens erupted in what was one of na- yield back the balance of my time. tional Volcanic Monument. ture’s most beautiful events and also The SPEAKER pro tempore. The Eighteen years ago, this tragedy hap- most devastating. It caused a 250-mile- question is on the motion offered by pened. Mr. Speaker, 16 years after cre- per-hour avalanche and high winds the gentlewoman from Idaho (Mrs. ation of the monument and 15 years that destroyed over 150 square miles of CHENOWETH) that the House suspend after the statutory deadline for the ex- forests, and it sent a plume of ash over the rules and pass the bill, H.R. 1659, as change, it will finally bring this issue to the eastern side of the State that amended. to a close, finally. was like nothing we have ever seen. In The question was taken; and (two- This legislation has the bipartisan fact, it took quite a while to clean it thirds having voted in favor thereof) support of members of the Washington up. the rules were suspended and the bill, Delegation and the administration. It But, after that, it took until 1982 to as amended, was passed. equitably and finally completes the ex- establish a monument. And in that A motion to reconsider was laid on change previously mandated by Con- process, we decided to protect 110,000 the table. acres around the volcano for future gress when the monument was created. f I congratulate my colleague, the gen- recreation and education and research. tlewoman from Washington (Mrs. This monument actually preserves this GENERAL LEAVE area, but it also has become a living SMITH), and all parties involved for Mrs. CHENOWETH. Mr. Speaker, I classroom. their excellent work, and I urge all of ask unanimous consent that all Mem- my colleagues to support this very Underneath this new beautiful park and living classroom, though, has been bers may have 5 legislative days within common-sense legislation. which to revise and extend their re- Mr. Speaker, I reserve the balance of captured the mineral rights that were supposed to be exchanged in the origi- marks on H.R. 1659, the bill just passed. my time. The SPEAKER pro tempore. Is there Mr. MILLER of California. Mr. nal agreement in 1982 so that those that owned the mineral rights got min- objection to the request of the gentle- Speaker, I yield myself such time as I woman from Idaho? may consume. eral rights somewhere else or some compensation. There was no objection. Mr. Speaker, the Mount Saint Helen's Na- Today, after all of this time, and this f tional Volcanic Monument Completion Act re- started in 1980, we are finally keeping EXPRESSING SUPPORT FOR BICEN- quires the Secretary of the Interior to acquire, our commitment to those that own the by exchange, the mineral and geothermal in- TENNIAL OF LEWIS AND CLARK mineral rights to make reasonable ex- EXPEDITION terests of the Burlington Northern, Incor- changes for what is their property. So porated and the Weyerhaeuser Companies in I again want to thank the chairman, I Mrs. CHENOWETH. Mr. Speaker, I the Mount Saint Helen's National Volcanic want to thank the staff and all of the move to suspend the rules and agree to Monument in the State of Washington. members of our delegation who unani- the resolution (H. Res. 144) to express We appreciate the interest of the Washing- mously support this legislation in support for the bicentennial of the ton delegation to see this exchange executed bringing us to this day; a long time, Lewis and Clark Expedition, as amend- as soon as possible, as the matter has been but finally fairness has prevailed and ed. unsettled for too long. Therefore, we were we, the government, are keeping our The Clerk read as follows: pleased to learn that an appraisal agreement commitment to those various land- H. RES. 144 had been reached between the federal gov- owners. Whereas the Expedition commanded by ernment and the private landowners involved. Mr. HASTINGS of Washington. Mr. Speak- Meriwether Lewis and William Clark, which The negotiations have concluded with the er, I would like to begin by applauding my col- came to be called ‘‘The Corps of Discovery’’, Forest Service and Weyerhaeuser agreeing league from Washington State, Mrs. SMITH, for was one of the most remarkable and produc- upon a value of $4.2 million. bringing this matter to the attention of the tive scientific and military exploring expedi- The Administration has indicated that they House. I also commend the hard work of Mr. tions in all American history; Whereas President Thomas Jefferson gave have no objection to the substitute bill which YOUNG, the Chairman of the Resources Com- incorporates this agreement and is being of- Lewis and Clark the mission to ‘‘explore the mittee and Mrs. CHENOWETH, the Chairman of Missouri River & such principal stream of it, fered today. the Subcommittee, for their excellent work in Clearly, Burlington and Weyerhaeuser as, by its course and communication with moving this legislation forward. the waters of the Pacific ocean, whether the should be compensated for their mineral rights I encourage my colleagues to support H.R. Columbia, Oregon, Colorado or any other within Mount Saint Helen's National Volcanic 1659, the Mt. St. Helens National Volcanic river may offer the most direct & practicable Monument. Now that the Administration is no Monument Completion Act. This legislation water communication across this continent longer opposed to the bill because an agreed- completes the work begun with the creation of for the purposes of commerce’’; upon value for the property has been accom- the monument in 1982 by bringing the remain- Whereas the Expedition, in response to plished and will be included in the bill, we see ing privately owned mineral rights within the President Jefferson’s directive, greatly ad- vanced our geographical knowledge of the no reason to oppose the bill. monument into federal ownership. We are in strong support of this legis- continent and prepared the way for the ex- Mr. Speaker, as a lifetime resident of Wash- tension of the American fur trade with lation. The previous problems that ington State, I remember the awesome spec- American Indian tribes throughout the area; they had with respect to value for the tacle of Mt. St. Helens' eruption and the tragic Whereas President Jefferson directed the property have been worked out. We loss of lives and property it caused. The fed- explorers to take note of and carefully urge the passage of this legislation. eral government created the St. Helens Na- record the natural resources of the newly ac- Mr. Speaker, I yield back the balance tional Monument to preserve the unique vol- quired territory known as Louisiana, as well of my time. canic landscape that resulted. However, it was as diligently report on the native inhab- Mrs. CHENOWETH. Mr. Speaker, I never the intent of Congress that the creation itants of the land; yield such time as she may consume to of this monument should result in an uncom- Whereas Lewis and Clark and their com- the gentlewoman from Washington panions began their historic journey to ex- pensated loss of private property. In fact, the plore the uncharted wilderness west of the (Mrs. LINDA SMITH). enacting legislation required all land and min- Mississippi River at Wood River, Illinois, on Mrs. LINDA SMITH of Washington. eral rights to be acquired by exchange within May 14, 1804, and followed the Missouri River Mr. Speaker, I want to thank the gen- one year. Fifteen years later, this statutory re- westward from its mouth on the Mississippi tlewoman from Idaho (Mrs. quirement has not been met. to its headwaters in the Rocky Mountains; September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8475 Whereas the Expedition held its first meet- (3) calls upon the President, the Secretary under the leadership of Meriwether ing with American Indians at Council Bluff of the Interior, the Director of the National Lewis and William Clark was one of the near present-day Fort Calhoun, Nebraska, in Park Service, American Indian tribes, other great exploratory and scientific August 1804, spent its first winter at Fort public officials, and the citizens of the achievements of the 19th century. The Mandan, North Dakota, crossed the Rocky United States to support, promote, and par- Mountains by horseback in August 1805, ticipate in the many bicentennial activities upcoming bicentennial of this expedi- reached the Pacific Ocean at the mouth of being planned to commemorate the Lewis tion and the recent Ken Burns film the Columbia River in mid-November of that and Clark Expedition. have renewed interest among the year, and wintered at Fort Clatsop, near the The SPEAKER pro tempore. Pursu- American public in the accomplish- present city of Astoria, Oregon; ant to the rule, the gentlewoman from ments of this expedition, and it is Whereas the Expedition returned to St. wholly appropriate that we commemo- Louis, Missouri, on September 23, 1806, after Idaho (Mrs. CHENOWETH) and the gen- tleman from California (Mr. MILLER) rate the Louis and Clark Expedition, a 28-month journey covering 8,000 miles dur- which nearly 200 years later still re- ing which it traversed 11 future States: Illi- each will control 20 minutes. nois, Missouri, Kansas, Nebraska, Iowa, The Chair recognizes the gentle- mains a notable event in the achieve- North Dakota, South Dakota, Montana, woman from Idaho (Mrs. CHENOWETH). ment of our country. Idaho, Washington, and Oregon; (Mrs. CHENOWETH asked and was For those who have, because of the Whereas the explorers faithfully followed given permission to revise and extend renewed interest, those who have gone the President’s directives and dutifully re- her remarks.) out to the West and tried to follow corded their observations in their detailed Mrs. CHENOWETH. Mr. Speaker, I their journey, although the landscape journals; yield myself such time as I may con- of the West to some extent has Whereas these journals describe many changed, they are able to retrace great plant and animal species, some completely sume. unknown to the world of science or never be- Mr. Speaker, I am very happy to rise portions of the journey, and they start fore encountered in North America, and in support of House Resolution 144 sub- to appreciate what kind of monu- added greatly to scientific knowledge about mitted by my colleague, the gentleman mental accomplishment this expedi- the flora and fauna of the United States; from Nebraska (Mr. BEREUTER). This tion was when one considers what Whereas accounts from the journals of resolution would express congressional knowledge they had in hand when they Lewis and Clark and the detailed maps that support for the bicentennial of the started at the outset of their journey, were prepared by the Expedition enhanced Louis and Clark Expedition, which is how little they actually knew and then knowledge of the western continent and without a doubt one of the most re- what they accomplished and how they routes for commerce; Whereas the journals of Lewis and Clark markable and productive expeditions persevered and the hardships that they documented diverse American Indian lan- in American history. endured and, of course, what this expe- guages, customs, religious beliefs, and cere- In fact, not only did this extraor- dition meant for the expansion of the monies; as Lewis and Clark are important dinary expedition find plants and ani- United States and the opening of the figures in American history, so too are Black mals which were virtually unknown West. Buffalo, Cameahwait, Sacajawea, Sheheke but also discovered new peoples and re- It certainly is deserving of this kind and Watkueis; sources, all of which prepared the way of commendation from the House of Whereas the Expedition significantly en- for the pioneers to move westward and Representatives but also renewed rec- hanced amicable relations between the ognition by modern-day America of United States and the autonomous American open up the large expanse of territory Indian nations, and the friendship and re- known as the American West. what these explorers were able to ac- spect fostered between the American Indian The spirit that was embodied in the complish and what they encountered tribes and the Expedition represents the best people who were part of this westward along the way and the extent of the of diplomacy and relationships between di- movement lives on with us, and all of journey that they accomplished. vergent nations and cultures; us in the West and in America, to this Mr. Speaker, therefore, I rise in Whereas the American Indian tribes of the very day. This resolution, therefore, of- strong support of this legislation and Northern Plains and the Pacific Northwest fers a fitting and appropriate tribute to urge its passage and hope that the Con- played an essential role in the survival and the great achievements of the Louis gress will vote overwhelmingly for this the success of the Expedition; Whereas the Lewis and Clark Expedition and Clark Expedition. matter. has been called the most perfect expedition Among other things, the resolution Mr. Speaker, I yield such time as he of its kind in the history of the world and declares that the House of Representa- may consume to the gentleman from paved the way for the United States to be- tives will support the work of all the American Samoa (Mr. FALEOMAVAEGA). come a great world power; Federal, State and local entities who (Mr. FALEOMAVAEGA asked and Whereas the President and the Congress are celebrating the Louis and Clark Bi- was given permission to revise and ex- have previously recognized the importance centennial, supports the events held in tend his remarks.) of the Expedition by establishing a 5-year observance of that anniversary of the Mr. FALEOMAVAEGA. Mr. Speaker, commission in 1964 to study its history and I thank the gentleman from California the route it followed, and again in 1978 by expedition and calls upon the President (Mr. MILLER) for the opportunity to designating the route as the Lewis and Clark and the Secretary of Interior, the Na- National Historic Trail administered by the tional Park Service and all Americans speak on behalf of this legislation, and Secretary of the Interior through the Na- to support and participate in honoring I do commend the gentlewoman from tional Park Service; and the great accomplishments known as Idaho (Mrs. CHENOWETH) for bringing Whereas the National Park Service, along the Louis and Clark Expedition. this legislation to the floor. with other Federal, State, and local agencies I urge my colleagues to strongly sup- Mr. Speaker, I rise in support of and many other interested groups, are pre- port H. Res. 144. House Resolution 144, which expresses paring commemorative activities to cele- Mr. Speaker, I reserve the balance of the support of the House of Representa- brate the bicentennial of the Expedition be- tives for the National Louis and Clark ginning in 2003: Now, therefore, be it my time. Mr. MILLER of California. Mr. Bicentennial Council and the com- Resolved, That the House of Representa- Speaker, I yield myself such time as I memorative activities that it is plan- tives— (1) expresses its support for the work of the may consume. ning for the bicentennial of this fa- National Lewis and Clark Bicentennial Mr. Speaker, I want to state at the mous expedition. Council and all the Federal, State, and local outset, I agree with everything the The resolution also asks others to entities and other interested groups that are gentlewoman from Idaho (Mrs. support and participate in the bicen- preparing bicentennial activities to cele- CHENOWETH) has said. This is an his- tennial celebration activities. brate the 200th anniversary of the Lewis and toric moment, not as historic as Louis Mr. Speaker, this legislation was re- Clark Expedition; and Clark but an historic moment. ferred to the Subcommittee on Na- (2) expresses its support for the events to Mr. Speaker, I rise in strong support tional Parks and Public Lands, but nei- be held in observance of the Expedition at of H. Res. 144, which is essentially a ther the subcommittee nor the Com- Council Bluff near present-day Fort Calhoun, Nebraska, at St. Louis, Missouri, at Portland noncontroversial measure to express mittee on Resources formally consid- and Fort Clatsop, Oregon, and at Bismarck, the support of this House of Represent- ered the legislation. The bill is, how- North Dakota, and many other cities during atives commemoration of the Louis ever, straightforward, and I am aware the bicentennial observance; and and Clark Expedition. The expedition, of no opposition. It commemorates and H8476 CONGRESSIONAL RECORD — HOUSE September 23, 1998 supports the efforts of two Americans that enables people from around the Res. 144. This resolution which I intro- who helped convince the rest of the country to admire, to be involved with duced with the support of many of my country of the benefit of, and I do not themselves. I look forward to the work friends and colleagues on both sides of know about this word, acquiring new that all of us in Congress can do, tak- the aisle expresses support for the bi- lands to the West, of the then existing ing advantage of the cultural and geo- centennial of the Lewis and Clark Ex- borders, and we have all benefited from logic resources along this route to pedition. It helps put a spotlight on the these efforts. I support the legislation, make it worthy of the historic journey important activities which are planned and I ask my colleagues to do the that took place almost two centuries to observe the 200th anniversary of same. ago. Lewis and Clark’s remarkable journey. Mr. MILLER of California. Mr. I thank the Committee on Resources b 1500 Speaker, I yield such time as he may for permitting this resolution to come Mr. MILLER of California. Mr. consume to the gentleman from Indi- to the House floor. I particularly want Speaker, I thank the gentleman for his ana (Mr. ROEMER). to thank the distinguished majority comments and say how fortunate we Mr. ROEMER. I thank my friend leader the gentleman from Texas for are that so much of this historic jour- from California for yielding time. his special assistance to this Member ney is preserved in public lands where Mr. Speaker, I just want to very in bringing it to the House floor. people can go and view and try to re- briefly associate myself with this com- The resolution specifically expresses live this experience. memorative toward our great leaders support for events which will be held in Mr. Speaker, I yield such time as he Lewis and Clark. I do not know that observance of the expedition at St. may consume to the gentleman from there could be any kind of qualifica- Louis, Missouri; at Portland and Fort Oregon (Mr. BLUMENAUER). tion for getting up to speak on a mat- Clatsop, Oregon; at Bismarck, North Mr. BLUMENAUER. Mr. Speaker, I ter before Congress. Nothing seems to Dakota, where the Mandans helped the thank my friend for yielding time. This make us better informed than reading expedition survive a very difficult first resolution is very important to those a book. However, if you have read the winter on the journey; and at Council of us in the Pacific Northwest. I must book, it does not mean that you are Bluff near present day Fort Calhoun, say as the only Member of Congress to knowledgeable enough to get up and Nebraska, and at other potential loca- be an alumnus of the Lewis and Clark speak on a particular issue. I, however, tions. Council Bluff in Nebraska was College, as somebody who was born and take great pride in having read Ste- the site, for example, of the first meet- raised in the Northwest and steeped in phen Ambrose’s ‘‘Undaunted Courage’’ ing between the Lewis and Clark Expe- the culture of that expedition, I am about Lewis and Clark’s great adven- dition and the leaders of American In- very pleased and proud that this is ture across the United States in the dian tribes during the journey. This coming forward at this time. 1803–1804 period, of intrepid and coura- meeting was clearly one of the most One hundred years ago in our com- geous exploration, of discovery as sci- noteworthy occasions of the expedi- munity, the centennial of the Lewis entists, of documenting new kinds of tion. The events during that council and Clark Expedition was celebrated plant life and animal life. It is a fas- and the description of it undoubtedly with a world’s fair that had a tremen- cinating journey that Thomas Jeffer- influenced the U.S. military to later dous impact on our community, on the son helped argue for funding from Con- establish something called Canton- Pacific Northwest and the West Coast. gress and who believed in this explo- ment, Missouri, near the site and later I am optimistic that we can have the ration and this courageous, intrepid, Fort Atkinson, the first U.S. military same sort of national celebration along adventuresome spirit that Americans fort west of the Missouri River. the 8,000-mile expedition route. I am have always had. They had it then in The resolution also expresses support pleased to commend the leadership of the 1800s, they had it when we started for the work of the Lewis and Clark Bi- the gentleman from Nebraska (Mr. BE- this country, they have it today in 1998 centennial Council and governmental REUTER) for the hard work that he has in so many different ways. I have taken entities. In addition, it encourages par- invested on the front end of the jour- great pride and excitement in reading ticipation in the bicentennial activi- ney, and we are hopeful that we will be this book by Stephen Ambrose, ‘‘Un- ties. able to have as much energy and activ- daunted Courage,’’ and just want to sa- The story of this incredible expedi- ity in the Northwest to complement lute my colleagues for their hard work tion has appeal for Americans of all that effort. on this bill before us today. ages and backgrounds and presents an The acquisition of the Louisiana Pur- I have also had the pleasure of being opportunity for a unifying experience chase was more than something that on the Lewis and Clark trail in Mon- for our country. In the coming months simply doubled the size of the United tana, in following some of their path and years, the public will undoubtedly States. It was a purchase that helped along the Madison River, in going up to increase its demands for more informa- us change our perceptions of our coun- some of the passes that they went tion about Lewis and Clark and their try and how we related to the rest of through, and in really admiring what bold and courageous adventures. Al- the world. It was a first step towards they were not only able to endure but though the bicentennial activities will the United States becoming a truly what they were able to discover and not officially start until 2003, it is im- global power with its bicoastal borders document and take down as history for portant to lay the groundwork now. and the critical mass it had acquired. us. I think it is proof, Mr. Speaker, This resolution complements another It also triggered some activities that that providence and God have been Lewis and Clark measure passed by the are not part of perhaps some of our with America for a long time. Not only House on September 9 when we ap- proudest moments in terms of our atti- were Lewis and Clark lucky and proved H.R. 1560, a bill introduced by tudes towards Native American citi- blessed in their efforts, they were this Member with over 290 cosponsors zens that frankly haunt us to this day. skilled and talented in these efforts, to which authorizes the minting of one- Tied up in that struggle as well was the plod their way and explore their way dollar and half-dollar coins to com- question of slavery and how we added and invent their way across America. I memorate the bicentennial. These different chapters with each State am very excited about this bill and this measures will play an important part being added to the union. And it was an Lewis and Clark trail. not only recognizing the significance of activity that expanded our concept of Mrs. CHENOWETH. Mr. Speaker, I the journey and its role it played in the the science of the time, the exploration yield 4 minutes to the gentleman from Nation’s development but also provid- adding to the geology, the botany, the Nebraska (Mr. BEREUTER), the author ing some financing to the bicentennial geographical knowledge of the United of this resolution. commission and the Interior Depart- States. (Mr. BEREUTER asked and was ment. It is with the spirit of discovery, in given permission to revise and extend When Thomas Jefferson took office fact, the expedition itself was labeled his remarks.) in 1801, the United States had only 5.5 the Corps of Discovery, that I am hope- Mr. BEREUTER. Mr. Speaker, I million people, all concentrated in the ful over the next five years that this thank my colleague for yielding me eastern third of the continent, pri- planning process will be something this time. I rise in strong support of H. marily along the coast. As a result of September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8477 the Louisiana Purchase in 1803, the size County and the Fort Clatsop National all water route to the Pacific. Today, Congress of the country nearly doubled and the Memorial during the two bicentennial can again play a role in one of the most re- stage was set for a period of unparal- summers of 2004 and 2005. I was proud markable and productive scientific and military leled development and progress. But to help secure funding in TEA–21 to exploring expeditions in all of American history first the new acquisition had to be ex- help our region plan for the upcoming by signaling its support for the bicentennial plored. President Jefferson chose celebration. In addition, I am working celebration activities and events. Meriwether Lewis and William Clark with our county commissioners, with The Corps of Discovery contributed greatly to, quote, explore the Missouri River the gentleman from Alaska (Mr. to our knowledge of the West, not only with and such principal streams of it, as, by YOUNG) and with the gentleman from respect to geography but also of the natural its course and communications with California (Mr. MILLER) on my legisla- resources, flora, fauna and animals present. the waters of the Pacific Ocean, wheth- tion, H.R. 3378, which will allow the Recognizing the pivotal role the journey er the Columbia, Oregon, Colorado, or last piece of the Lewis and Clark trail played in our nation's history and the inevi- any other river may offer the most di- known today as Sunset Beach to be- table movement westward, the National Lewis rect and practicable water communica- come part of the memorial itself. It is and Clark Bicentennial Council is playing a tion across this continent for the pur- my hope we will be able to pass this leading role in coordinating and planning a va- poses of commerce. bill before Congress adjourns for the riety of activities and events to commemorate Lewis and Clark departed St. Louis year. The Lewis and Clark bicentennial the bicentennial. In addition, many committees on May 14, 1804, and returned to St. will be a tremendous opportunity to re- and advisory boards have been formed across Louis 28 months later, on September flect upon this unique and extraor- the country and are diligently working to en- 23, 1806. They crossed 8,000 miles, many dinary achievement in American his- sure that the Lewis and Clark expedition is States. Along the way they encoun- tory. highlighted not only in the states in which the tered formidable challenges that could I commend the gentleman from Ne- Corps of Discovery transversed, but through- easily have thwarted their mission. braska (Mr. BEREUTER) for taking the out the nation. However, they continued to keep their time to highlight the upcoming bicen- Nearly two hundred years after the Corps of focus firmly on the ultimate goal. This Member believes that passage of tennial celebration with this important Discovery, Americans of all ages have begun H.Res. 144 will draw increased atten- resolution, and I urge its passage. a national pilgrimage to follow the steps of tion to the planning and celebration of Mr. MILLER of California. Mr. Meriwether Lewis and William Clark. The suc- the upcoming important bicentennial Speaker, I yield back the balance of cess of the bicentennial commemorative activi- activities in these States. As someone my time. ties planned all along the route will require the with a long-standing interest in the ex- Mrs. CHENOWETH. Mr. Speaker, I cooperation of all federal agencies, American pedition and a member of the newly yield myself such time as I may con- Indian tribes, public officials and citizens alike. formed Lewis and Clark Caucus, this sume. I just want to say that this has I believe it is important for all Americans to Member is pleased to have this resolu- been a distinct privilege for me to be join in the celebration of this important Amer- tion considered on the floor, thanking able to help manage this bill through ican journey. We, as Members of Congress, his colleagues on both sides of the the floor. This Member lived on the must do all we can to support, promote and aisle, particularly the gentleman from Clearwater River close to Ahsahka, participate in the commemorative activities of Oregon who helped me in securing the Idaho, where Lewis and Clark traveled the expedition, and I urge my colleagues to movement of this legislation, and to on that waterway right after one of the support the resolution. the Committee on Resources. most difficult periods of time in their Mrs. CHENOWETH. Mr. Speaker, I Mr. MILLER of California. Mr. trip, when they nearly lost their life yield back the balance of my time. Speaker, I yield such time as she may going over the Lolo Pass because of a The SPEAKER pro tempore (Mr. MIL- consume to the gentlewoman from Or- lack of food supply and having to suffer LER of Florida). The question is on the egon (Ms. FURSE). through the elements. Yet, undaunted motion offered by the gentlewoman Ms. FURSE. Mr. Speaker, I rise courage certainly was pulled out of from Idaho (Mrs. CHENOWETH) that the today in support of House Resolution those people in very difficult cir- House suspend the rules and agree to 144. It expresses the support of Con- cumstances. the resolution, H.Res. 144, as amended. gress for the celebrations that will b 1515 The question was taken. take place all across America during Mrs. CHENOWETH. Mr. Speaker, I the Lewis and Clark Expedition bicen- In the 14 years that I spent living on object to the vote on the ground that a tennial. Celebratory preparations are that Clearwater River, living next to quorum is not present and make the under way throughout my district in Ahsahka, where Lewis and Clark fi- point of order that a quorum is not anticipation of the bicentennial, par- nally made their way to this spit of present. ticularly in Astoria and all of Clatsop land that came out where the Clear- The SPEAKER pro tempore. Pursu- County. As many people know, the water joined the North Fork River of ant to clause 5 of rule I and the Chair’s Lewis and Clark Expedition spent the the Clearwater River, Lewis and Clark prior announcement, further proceed- winter of 1805 at Fort Clatsop, Oregon, spent the winter there and carved out ings on this motion will be postponed. which is in my district. In 1958, Con- new canoes and reconstituted their The point of no quorum is considered gress established the Fort Clatsop Na- food supply. So it has been a place of withdrawn. tional Memorial to preserve and pro- honor in my way of thinking; and, cer- f tect this unique place in America’s his- tainly, as a western woman, this has tory. The present memorial marks the indeed been a privilege to be able to GENERAL LEAVE spot where Meriwether Lewis, William carry the bill of the gentleman from Mrs. CHENOWETH. Mr. Speaker, I Clark and the entire Corps of Discovery Nebraska (Mr. BEREUTER) through. I ask unanimous consent that all Mem- spent 106 days during the winter of must say that the bill is constructed, bers have 5 legislative days to revise 1805, difficult days. It is interesting to the resolution is constructed and writ- and extend their remarks and include note that the decision to winter at ten, in a very clear and concise way extraneous material on H.Res. 144, as Fort Clatsop was decided by a majority and that I know and I pray that in the amended. vote of the Corps of Discovery. That future it will be interpreted just as the The SPEAKER pro tempore. Is there vote included the voices of an African- clear meaning of the wording of the objection to the request of the gentle- American and a Native American. Long resolution simply states. woman from Idaho? before America would grapple with the Mr. POMEROY. Mr. Speaker, I rise in There was no objection. right to vote for minorities, Lewis and strong support of House Resolution 144 ex- f Clark were exercising that purist form pressing the support of Congress in the cele- of democracy, proving once again that bration of the bicentennial of the historic Lewis ANCSA LAND BANK PROTECTION we get better decisions when all are at and Clark Expedition. Nearly two hundred ACT OF 1998 the table. years ago, Congress played a role in this his- Mr. YOUNG of Alaska. Mr. Speaker, I It has been estimated that more than toric journey by financing a small part of the move to suspend the rules and pass the half a million people will visit Clatsop expedition which was charged with finding an bill (H.R. 2000) to amend the Alaska H8478 CONGRESSIONAL RECORD — HOUSE September 23, 1998 Native Claims Settlement Act to make gional Corporation of in lieu surface acres help address social, cultural, economic, certain clarifications to the land bank under subparagraph (E) pursuant to an elec- health, subsistence, and related issues within protection provisions, and for other tion under subparagraph (C) shall not be the region and among its villages, including purposes, as amended. made from any lands within a conservation the viability of the villages themselves, system unit (as that term is defined by sec- many of which are remote and isolated; and The Clerk read as follows: tion 102(4) of the Alaska National Interest (B) has been unable to fully carry out such H.R. 2000 Lands Conservation Act (16 U.S.C. 3102(4)). responsibilities; Be it enacted by the Senate and House of Rep- ‘‘(ii) An election to obtain the public lands (3) the implementation of the exchange ref- resentatives of the United States of America in described in subparagraph (A), (B), or (C) erenced in this subsection is essential to Congress assembled, shall include all available parcels within the helping Calista utilize its assets to carry out SECTION 1. AUTOMATIC LAND BANK PROTEC- township in which the public lands are lo- those responsibilities and to realize the ben- TION. cated. efits of the Alaska Native Claims Settlement (a) LANDS RECEIVED IN EXCHANGE FROM ‘‘(iii) For purposes of this subparagraph Act; CERTAIN FEDERAL AGENCIES.—The matter and subparagraph (C), the term ‘Regional (4) the parties to the exchange have been preceding clause (i) of section 907(d)(1)(A) of Corporation’ shall refer only to Doyon, Lim- unable to reach agreement on the valuation the Alaska National Interest Lands Con- ited.’’; and of the lands and interests in lands to be con- servation Act (43 U.S.C. 1636(d)(1)(A)) is (2) in subparagraph (E) (as so redesig- veyed to the United States under section 8126 amended by inserting ‘‘or conveyed to a Na- nated), by striking ‘‘(A) or (B)’’ and inserting of Public Law 102–172; and tive Corporation pursuant to an exchange ‘‘(A), (B), or (C)’’. (5) in light of the foregoing, it is appro- authorized by section 22(f) of Alaska Native (b) FAILURE TO APPEAL NOT PROHIBITIVE.— priate and necessary in this unique situation Claims Settlement Act or section 1302(h) of Section 12(c) of the Alaska Native Claims that Congress authorize and direct the im- this Act or other applicable law’’ after ‘‘Set- Settlement Act (43 U.S.C. 1611(c)) is amended plementation of this exchange as set forth in tlement Trust’’. by adding at the end the following: this section in furtherance of the purposes (b) LANDS EXCHANGED AMONG NATIVE COR- ‘‘(5) Subparagraphs (A), (B), and (C) of and underlying goals of the Alaska Native PORATIONS.—Section 907(d)(2)(B) of such Act paragraph (4) shall apply, notwithstanding Claims Settlement Act and the Alaska Na- (43 U.S.C. 1636(d)(2)(B)) is amended— the failure of the Regional Corporation to tional Interest Lands Conservation Act. (1) by striking ‘‘and’’ at the end of clause have appealed the rejection of a selection (b) LAND EXCHANGE IMPLEMENTATION.—Sec- (ii); during the conveyance of the relevant sur- tion 8126 of Public Law 102–172 (105 Stat. 1206) (2) by striking the period at the end of face estate.’’. is amended to read as follows: clause (iii) and inserting ‘‘; and’’; and SEC. 4. AMENDMENT TO PUBLIC LAW 102–415. ‘‘SEC. 8126. (a)(1) In exchange for lands, par- tial estates, and land selection rights identi- (3) by adding at the end the following: Section 20 of the Alaska Land Status Tech- fied in the document entitled ‘The Calista ‘‘(iv) lands or interest in lands shall not be nical Corrections Act of 1992 (106 Stat. 2129), Conveyance and Relinquishment Document’, considered developed or leased or sold to a is amended by adding at the end the follow- third party as a result of an exchange or con- dated October 28, 1991, as amended Septem- ing new subsection: ber 22, 1998 (hereinafter referred to as veyance of such land or interest in land be- ‘‘(h) Establishment of the account under tween or among Native Corporations and ‘CCRD’), the United States will establish a subsection (b) and conveyance of land under property account for the Calista Corpora- trusts, partnerships, corporations, or joint subsection (c), if any, shall be treated as tion, a corporation organized under the laws ventures, whose beneficiaries, partners, though 3,520 acres of land had been conveyed of the State of Alaska, in the amount identi- shareholders, or joint venturers are Native to Gold Creek under section 14(h)(2) of the fied in the CCRD, and in accordance with the Corporations.’’. Alaska Native Claims Settlement Act for provisions of this Act. (c) ACTIONS BY TRUSTEE SERVING PURSUANT which rights to subsurface estate are hereby ‘‘(2) The CCRD contains the land descrip- TO AGREEMENT OF NATIVE CORPORATIONS.— provided to CIRI. Within 1 year from the tions of the lands and interests in lands to be Section 907(d)(3)(B) of such Act (43 U.S.C. date of the enactment of this subsection, conveyed, the selections to be relinquished, 1636(d)(3)(B)) is amended— CIRI shall select 3,520 acres of subsurface es- the charges to entitlement, the quantity and (1) by striking ‘‘or’’ at the end of clause (i); tate in land from the area designated for se- class of entitlement to be transferred to the (2) by striking the period at the end of lection by paragraph I.B.(2)(b) of the docu- United States, the terms of the Kuskokwim clause (ii) and inserting ‘‘; or’’; and ment identified in section 12(b) (referring to Corporation Conservation Easement, and the (3) by adding at the end the following: the Talkeetna Mountains) of the Act of Jan- amount that is authorized for the property ‘‘(iii) to actions by any trustee whose uary 2, 1976 (43 U.S.C. 1611 note). Not more account. right, title, or interest in land or interests in than five selections shall be made under this ‘‘(3) The covenants, terms, and conditions land arises pursuant to an agreement be- subsection, each of which shall be reasonably to be used in any transfers to the United tween or among Native Corporations and compact and in whole sections, except when States described in the CCRD shall be bind- trusts, partnerships, or joint ventures whose separated by unavailable land or when the ing on the United States and the participat- beneficiaries, partners, shareholders, or joint remaining entitlement is less than a whole ing Native corporations and shall be a mat- venturers are Native Corporations.’’. section.’’. ter of Federal law. ‘‘(b)(1) The aggregate values of such lands SEC. 2. DEVELOPMENT BY THIRD-PARTY TRES- SEC. 5. CLARIFICATION ON TREATMENT OF PASSERS. BONDS FROM A NATIVE CORPORA- and interests in lands, together with com- Section 907(d)(2)(A)(i) of the Alaska Na- TION. pensation for the considerations set forth in tional Interest Lands Conservation Act (43 Section 29(c) of the Alaska Native Claims congressional findings concerning the U.S.C. 1636(d)(2)(A)(i)) is amended— Settlement Act (43 U.S.C. 1626(c)) is amend- Calista Region and its villages, shall be the (1) by inserting ‘‘Any such modification ed— sum provided in section IX of the CCRD. The amounts credited to the property account shall be performed by the Native individual (1) in paragraph (3)(A), by inserting ‘‘and described in this subsection shall not be sub- or Native Corporation.’’ after ‘‘substantial on bonds received from a Native Corpora- ject to adjustment for minor changes in modification.’’; tion’’ after ‘‘from a Native Corporation’’; and acreage resulting from preparation or cor- (2) by inserting a period after ‘‘developed (2) in paragraph (3)(B), by inserting ‘‘or rection of the land descriptions in the CCRD state’’ the second place it appears; and bonds issued by a Native Corporation which or the exclusion of any small tracts of land (3) by adding ‘‘Any lands previously devel- bonds shall be subject to the protection of as a result of hazardous material surveys. oped by third-party trespassers shall not be section 7(h) until voluntarily and expressly The Secretary of the Interior shall maintain considered to have been developed.’’. sold or pledged by the shareholder subse- an accounting of the lands and interests in SEC. 3. RETAINED MINERAL ESTATE. quent to the date of distribution’’ before the lands remaining to be conveyed or relin- (a) IN GENERAL.—Section 12(c)(4) of the semicolon. quished by Calista Corporation and the par- Alaska Native Claims Settlement Act (43 SEC. 6. CALISTA NATIVE CORPORATION LAND EX- ticipating village corporations pursuant to U.S.C. 1611(c)(4)) is amended— CHANGE. this section. The Secretary of the Treasury (1) by redesignating subparagraphs (C) and (a) CONGRESSIONAL FINDINGS.—Congress on October 1, 1998, shall establish a property (D) as subparagraphs (E) and (F), respec- finds and declares that— account on behalf of Calista Corporation. tively, and by inserting after subparagraph (1) the land exchange authorized by section ‘‘(2) The account shall be credited and (B) the following new subparagraphs: 8126 of Public Law 102–172 should be imple- available for use as provided in paragraph ‘‘(C) Where such public lands are sur- mented without further delay; (4), according to the following schedule of rounded by or contiguous to subsurface lands (2) the Calista Corporation, the Native Re- percentages of the amount in section IX of obtained by a Regional Corporation under gional Corporation organized under the au- the CCRD: subsections (a) or (b), the Corporation may, thority of the Alaska Native Claims Settle- ‘‘(A) On October 1, 1999, and on October 1 of upon request, have such public land con- ment Act for the Yupik Eskimos of South- each year thereafter through October 1, 2005, veyed to it. western Alaska, which includes the majority the amount equal to 12.69 percent. ‘‘(D)(i) A Regional Corporation which of the Yukon Delta National Wildlife Ref- ‘‘(B) On October 1, 2007, the amount equal elects to obtain public lands under subpara- uge— to 11.17 percent. graph (C) shall be limited to a total of not (A) has responsibilities provided for by the ‘‘(3)(A) Unless otherwise authorized by law, more than 12,000 acres. Selection by a Re- Alaska Native Claims Settlement Act to the aggregate amount of all credits to the September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8479 account, pursuant to the schedule set forth and adjustments to entitlement described ‘‘(B) The jurisdiction of the Secretary is in paragraph (2), shall be equal to the therein that may be offered to the United extended to make any factual determina- amount in section IX of the CCRD. States pursuant to this section. These par- tions required to carry out this paragraph.’’. ‘‘(B) All amounts credited to the account ties also agree with the amounts to be made SEC. 10. VISITOR SERVICES. shall be from amounts in the Treasury not available in the property account once all Paragraph (1) of section 1307(b) of the Alas- otherwise appropriated and shall be avail- conveyances and relinquishments are com- ka National Interest Lands Conservation Act able for expenditure without further appro- pleted, and the parties agree with the needs (16 U.S.C. 3197(b)) is amended— priation and without fiscal year limitation. set forth in the congressional findings in sec- (1) by striking ‘‘Native Corporation’’ and ‘‘(4) The property account may not be used tion 6(a) of the ANCSA Land Bank Protec- inserting ‘‘Native Corporations’’; and until all conveyances, relinquishments of se- tion Act of 1998. The parties do not nec- (2) by striking ‘‘is most directly affected’’ lections, and adjustments to entitlements essarily agree on the hortatory statements, and inserting ‘‘are most directly affected’’. described in the CCRD have been made to descriptions, and attributions of resource SEC. 11. LOCAL HIRE REPORT. and accepted by the United States. The Sec- values which are included in the CCRD as (a) IN GENERAL.—Not later than 18 months retary of the Interior shall notify the Sec- drafted by Calista. But such disagreements after the date of enactment of this Act, the retary of the Treasury when all require- will not affect the implementation of this Secretary of the Interior shall transmit to ments of the preceding sentence have been section. Congress a report. met. Immediately thereafter the Secretary ‘‘(14) Descriptions of resource values pro- (b) LOCAL HIRE.—The report required by of the Treasury shall comply with his duties vided for surface lands which are not offered subsection (a) shall— under this paragraph including the computa- in the exchange and will remain privately (1) indicate the actions taken in carrying tions of the amount in the account, the owned by village corporations form no part out subsection (b) of section 1308 of the Alas- amount that may be expended in any par- of the consideration for the exchange.’’. ka National Interest Lands Conservation Act ticular Federal fiscal year, and the balance SEC. 7. MINING CLAIMS. (16 U.S.C. 3198); of the account after any transaction. The Paragraph (3) of section 22(c) of the Alaska (2) address the recruitment processes that property account may be used in the same Native Claims Settlement Act (43 U.S.C. may restrict employees hired under sub- manner as any other property account held 1621(c)) is amended— section (a) of such section from successfully by any other Alaska Native Corporation. (1) by striking out ‘‘regional corporation’’ obtaining positions in the competitive serv- ‘‘(5) Notwithstanding any other provision each place it appears and inserting in lieu ice; and of law, Calista Corporation on its own behalf thereof ‘‘Regional Corporation’’; and (3) describe the actions of the Secretary of or on behalf of the village corporations iden- (2) by adding at the end the following: the Interior in contracting with Alaska Na- tified in the CCRD, may assign any or all of ‘‘The provisions of this section shall apply to tive Corporations to provide services with re- the account upon written notification to the Haida Corporation and the Haida Traditional spect to public lands in Alaska. Secretary of the Treasury and the Secretary Use Sites, which shall be treated as a Re- (c) COOPERATION.—The Secretary of Agri- of the Interior. gional Corporation for the purposes of this culture shall cooperate with the Secretary of ‘‘(6) The Secretary of the Treasury shall paragraph, except that any revenues remit- notify the Secretary of the Interior and the Interior in carrying out this section with ted to Haida Corporation under this section respect to the Forest Service. Calista whenever there is a reduction in the shall not be subject to distribution pursuant SEC. 12. SHAREHOLDER BENEFITS. property account, the purpose for such re- to section 7(i) of this Act.’’. Section 7 of the Alaskan Native Claims duction and the remaining balance in the ac- SEC. 8. SALE, DISPOSITION, OR OTHER USE OF count. The Alaska State Office of the Bureau COMMON VARIETIES OF SAND, Settlement Act (43 U.S.C. 1606) is amended of Land Management shall be the official re- GRAVEL, STONE, PUMICE, PEAT, by adding at the end the following: pository of such notices. CLAY, OR CINDER RESOURCES. ‘‘(r) BENEFITS FOR SHAREHOLDERS OR IMME- ‘‘(7) For the purpose of the determination Subsection (i) of section 7 of the Alaska DIATE FAMILIES.—The authority of a Native of the applicability of section 7(i) of the Native Claims Settlement Act (43 U.S.C. Corporation to provide benefits to its share- Alaska Native Claims Settlement Act (43 1606(i)) is amended— holders who are Natives or descendants of U.S.C. 1606(i)) to revenues generated pursu- (1) by striking ‘‘Seventy per centum’’ and Natives or to its shareholders’ immediate ant to that section, such revenues shall be inserting ‘‘(A) Except as provided by sub- family members who are Natives or descend- calculated in accordance with section IX of paragraph (B), seventy percent’’; and ants of Natives to promote the health, edu- the CCRD. (2) by adding at the end the following: cation, or welfare of such shareholders or ‘‘(8) The United States shall not be liable ‘‘(B) In the case of the sale, disposition, or family members is expressly authorized and for the redistribution of benefits by the other use of common varieties of sand, grav- confirmed. Eligibility for such benefits need Calista Corporation to the participating el, stone, pumice, peat, clay, or cinder re- not be based on share ownership in the Na- Alaska Native village corporations pursuant sources made during a fiscal year ending tive Corporation and such benefits may be to this section. after the date of enactment of this subpara- provided on a basis other than pro rata based ‘‘(9) These transactions are not based on graph, the revenues received by a Regional on share ownership.’’. appraised property values and therefore shall Corporation shall not be subject to division SEC. 13. SHAREHOLDER HOMESITE PROGRAM. not be used as a precedent for establishing under subparagraph (A). Nothing in this sub- Section 39(b)(1)(B) of the Alaskan Native property values. paragraph is intended to or shall be con- Claims Settlement Act (43 U.S.C. ‘‘(10) Prior to the issuance of any convey- strued to alter the ownership of such sand, 1629e(b)(1)(B)) is amended by inserting after ance documents or relinquishments and ac- gravel, stone, pumice, peat, clay, or cinder ‘‘settlor corporation’’ the following: ‘‘or the ceptance, the Secretary of the Interior and resources.’’. land is conveyed for a homesite by the Trust the participating Native corporations may, SEC. 9. ALASKA NATIVE ALLOTMENT APPLICA- to a beneficiary of the Trust who is also a by mutual agreement, modify the legal de- TIONS. legal resident under Alaska law of the Native scriptions included in the CCRD to correct Section 905(a) of the Alaska National In- village of the settlor corporation and the clerical errors. terest Lands Conservation Act (43 U.S.C. conveyance does not exceed 1.5 acres’’. ‘‘(11) Property located in the State of Alas- 1634(a)) is amended by adding at the end the SEC. 14. SHORT TITLE. ka that is purchased by use of the property following: This Act may be cited as the ‘‘ANCSA account shall be considered and treated as ‘‘(7) Paragraph (1) of this subsection and Land Bank Protection Act of 1998’’. conveyances of land selections under the subsection (d) shall apply, and paragraph (5) Alaska Native Claims Settlement Act (43 of this subsection shall cease to apply, to an The SPEAKER pro tempore. Pursu- U.S.C. 1601 et seq.). application— ant to the rule, the gentleman from ‘‘(12) The conveyance of lands, partial es- ‘‘(A) that is open and pending on the date Alaska (Mr. YOUNG) and the gentleman tates and land selection rights and relin- of enactment of this paragraph, from California (Mr. MILLER) each will quishment or adjustments to entitlement ‘‘(B) if the lands described in the applica- control 20 minutes. made by the Alaska Native Corporations tion are in Federal ownership other than as The Chair recognizes the gentleman pursuant to this section and the use of the a result of reacquisition by the United property account in the Treasury shall be States after January 3, 1959, and from Alaska (Mr. YOUNG). treated as the receipt of land or any interest ‘‘(C) if any protest which is filed by the (Mr. YOUNG of Alaska asked and was therein or cash in order to equalize the val- State of Alaska pursuant to paragraph (5)(B) given permission to revise and extend ues of properties exchanged pursuant to sec- with respect to the application is withdrawn his remarks.) tion 22(f) of the Alaska Native Claims Settle- or dismissed either before, on, or after the Mr. YOUNG of Alaska. Mr. Speaker, I ment Act (43 U.S.C. 1621(f)) as provided in the date of the enactment of this paragraph. yield myself such time as I may con- first sentence in section 21(c) of that Act (43 ‘‘(8)(A) Any allotment application which is sume. U.S.C. 1620(c)). open and pending and which is legislatively Mr. Speaker, H.R. 2000 is legislation I ‘‘(13) With respect to the content of the approved by enactment of paragraph (7) CCRD, the Secretary of the Interior, the shall, when allotted, be made subject to any have introduced in consultation with Calista Regional Corporation, and the par- easement, trail, or right-of-way in existence the Alaskan Federation of Natives. ticipating village corporations agree upon on the date of the Native allotment appli- Considerable time has been spent to re- the lands, interests in lands, relinquishments cant’s commencement of use and occupancy. solve the Calista land exchange issue, H8480 CONGRESSIONAL RECORD — HOUSE September 23, 1998 and I want to thank all parties in- on the Budget and the Congressional The Calista land exchange authorizes the volved for their commitment to resolve Budget Office. I urge my colleagues to exchange of interests in land largely located this important land exchange for support this important exchange for within the boundaries of the Yukon Delta Calista. the good of the environment on the National Wildlife Refuge owned by Calista This land exchange was authorized to Corporation, NIMA Corporation, terms which are very extensive and Nunapiglluraq Corporation, and The provide Calista with a means of eco- lengthy negotiations to address all par- Kuskokwim Corporation (Alaska native Vil- nomic self-sufficiency pursuant to the ties concerned. I urge my colleagues lage Corporations) for other property owned purposes of ANCSA. Under Section 8126 again to support the passage of this by the federal government. The Calista ex- of the Defense appropriations Bill, the legislation. change has been modeled on other post- Secretary of the Interior and Calista Mr. Speaker, I include the following ANCSA property settlements. were to determine a mutual agreement for the RECORD: With respect to the content of the ex- value for Calista’s land. However, the THE CALISTA CONVEYANCE AND change, the Secretary of the Interior, the Calista Regional Corporation and the par- two parties have been unable to arrive RELINQUISHMENT DOCUMENT (CCRD) ticipating Native village corporations agree October 28, 1991 at a mutually agreeable value. Section upon the lands, interests in lands, 6 of this bill will eliminate this im- [Revised September 22, 1998] relinquishments, and adjustments to entitle- passe by establishing a total value to (Revised September 22, 1998 to reflect ment that may be offered to the United be credited to Calista’s lands and inter- changes to previously included Calista par- States pursuant to this document and enact- ests, as Congress has had to do in nu- cels, additions of the NIMA and The ing legislation consistent with its terms. The merous other instances in 1976. In Kuskokwim Corporation (TKC) tracts to the parties also agree with the amounts to be lands being offered, The TKC Conservation made available in the property account once doing so Congress, will simply be pro- Easement, and other relevant edits.) viding the figure with Calista and the all conveyances and relinquishments are Table Contents completed and the needs which form the Secretary of the Interior were unable Calista Conveyance and Relinquishment basis for such amounts. The parties do not to determine. Document (CCRD) necessarily agree on the hortatory state- I have two letters of support for sec- I. Purpose ments and descriptions which are included in tion 6, the Calista land exchange, from II. The Alaska National Interest Lands Con- this document, but such disagreements will six conservation organizations. Mr. servation Act not affect the implementation of this ex- Speaker, these organizations stated III. The Calista Land Exchange change. their support for the Calista land ex- IV. Fish and Wildlife Habitat Values Descriptions of wildlife values are provided change when the lands offered by V. Calista Land Package herein for some surface lands which are not Calista was 28,000 acres of surface lands VI. Summary offered in the exchange and which will re- main privately owned by Native village cor- and 182,000 acres of subsurface lands. VII. Current Social Conditions VIII. Prehistory of Yukon Delta Region porations. Such surface lands and any wild- Calista has gone further in their com- IX. Land Transaction Accounting life values or other surface values of these mitment to address conservation issues X. Description of the Lands, Interest in lands form no part of the consideration for within the region by increasing their Lands and Entitlements to Land to Be the exchange. surface acres to 56,577 and subsurface Conveyed II THE ALASKA NATIONAL INTEREST LANDS to 161,938 acres. The land package in- HAMILTON PARCEL CONSERVATION ACT cludes an overall of 218,515 acres of DALL LAKE PARCEL The Calista land exchange involves inter- land, one-third the size of Rhode Is- NIMA PARCEL est in land which are largely located within land. These five conservation organiza- HOOPER BAY PARCEL the boundaries of a National conservation SCAMMON BAY PARCEL system unit established in 1980 by the Alaska tions recognize the fish and wildlife KUSILVAK PARCEL habitat of lands offered for exchange by National Interest Lands Conservation Act KUSKOKWIM TRACT (ANILCA) (P.L. 96–487). Among other things, the Calista Corporation. All of these CALISTA CORPORATION 14(h)(8) ENTITLE- ANICLA significantly expanded the National lands, interests in land and subsurface MENT Wildlife Refuge System in Alaska. estates in the exchange are located APPENDIX A: TKC Conservation Easement Among the purpose of ANILCA are these— within the Yukon Delta National Wild- APPENDIX B: Resolutions of Village Cor- ‘‘to preserve unrivaled scenic and geologi- life Refuge. porations cal values associated with natural land- I would like to point out to the gen- APPENDIX C: U.S. Fish and Wildlife Service scapes; Maps of Calista Lands Package Parcels tleman from California (Mr. MILLER), to provide for the maintenance of sound my esteemed colleague, that the white- CALISTA CONVEYANCE AND RELINQUISHMENT populations of, and habitat for, wildlife spe- DOCUMENT (CCRD) fronted geese and pacific brant are only cies of inestimable value to the citizens of I. PURPOSE Alaska and the Nation, including those spe- a couple of the species which migrate The purpose of this document is to identify cies dependent on vast relatively undevel- to California from the Yukon Delta Na- the lands, interests in lands, and entitle- oped areas; tional Wildlife Refuge. It appears to me ments to lands owned by Calista Corporation to preserve in their natural state extensive that Mr. MILLER and I have birds of a and three Native Village Corporations which unaltered Arctic tundra, boreal forest, and feather which hold strong ties between are to be exchanged for property held by the coastal rainforest ecosystems; our respective States. Let us hope this U.S. Government or otherwise conveyed to to protect the resources related to subsist- will carry over to the agreement of this the United States, pursuant to an agreement ence needs. . . .’’ Section 103(c) of ANILCA provides that if important wildlife refuge land ex- with the Calista Corporation and the partici- pating Native Village Corporations. The ‘‘. . . a Native Corporation . . . desires to change. convey any such lands, the Secretary may Lastly, the language contained in Calista Corporation represents the largest rural Native population in Alaska and in- acquire such lands . . . and any such lands Section 6 of the Calista land exchange cludes some of the poorest economic condi- shall become part of the unit, and be admin- was coauthored by the Department of tions in the States. Yet, under the Alaska istered accordingly.’’ Interior, and the Calista Corporation Native Claims Settlement Act formula, ANILCA also provides that the purposes reached a consensus with this impor- Calista received less land per capita than ‘‘for which the Yukon Delta National Wild- tant land exchange in America. At the any other regional corporation. life Refuge is established and shall be man- request of the Department, Calista Cor- The underlying purposes of the Calista aged include— (i) to conserve fish and wildlife populations poration provided legal descriptions of land exchange, authorized by Section 8126 of P.L. 102–172, include— and habitats in their natural diversity in- lands being exchanged, a conservation (1) assisting Calista to convert its principal cluding, but no limit to, shorebirds, seabirds, easement agreement and added more tangible asset, its lands, to property that whistling swans, emperor, white-fronted and surface lands. This was accomplished can be used to help the Corporation remain Canada geese, black brant and other migra- after intense discussion and negotia- viable, develop economically, and continue tory birds, salmon, muskox and marine tion of the Department of Interior. The to carry out its responsibilities as envisioned mammals; . . . language is also a product of efforts by in ANCSA to the people of the Calista Re- (iii to provide . . . the opportunity for con- Calista and the Department of Interior gion; and tinued subsistence uses by local residents (2) helping to ensure and enhance the long- . . .’’ to address issues which were raised by term conservation of Native-owned fish and consistent with the purposes of ANICLA that Department, the Office of Manage- wildlife habitat located within the bound- and the Yukon Delta National Wildlife Ref- ment and Budget, the General Services aries of Yukon Delta National Wildlife Ref- uge, the lands in this exchange package will Administration, the House Committee uge. become part of the Refuge upon completion September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8481 of the transactions authorized in the Calista 100% of the world’s black turntone popu- A concentration of the population under land package. lation inhabit the Region; the age of five, approximately 14.5%, among III. THE CALISTA LAND EXCHANGE Nesting by a majority of world’s popu- the highest in the Nation; The Calista Corporation is an Alaska Na- lations of Western Sandpipers and Pacific Rates of hepatitis, meningitis and tuber- tive Regional Corporation organized under dunlins; culosis that are among the highest in the Highest diversity of the world’s large authority of the Alaska Native Claims Set- Nation; shorebirds; Higher invasive cervical cancer rates than tlement Act (ANCSA) whose lands are lo- Over 800,000 ducklings, or approximately the rest of the population, growing 335% at a cated in Southwestern Alaska. It includes 50% of the statewide total, were produced time when rates for U.S. whites and blacks more than 50 Yupik Villages in the Yukon- from the region; decreased over 40%; Kuskokwim Delta. Eight species of raptors breed in this re- High rates of alcoholism, drug abuse and The Calista land exchange involves a total gion. domestic violence; of approximately 218,515 acres of land or in- Disclaimer: The information in this sec- Extraordinarily high suicide rates: 10% of terests in land, including 46,577 acres of sur- tion regarding fish and wildlife habitat val- all young men will commit or attempt sui- face fee and conservation easements protect- ues of the Yukon Delta National Wildlife cide by the age of 25; ing the surface resources and habitat, and Refuge is intended to provide the reader with Unemployment rates of between 60% and approximately 208,515 acres of subsurface es- an overview of the values attendant to the 90%; tate, all within the YDNWR as well as 10,000 Refuge itself and is not intended to relate Inadequate sanitation with limited run- acres of entitlement to surface fee which those values to subsurface interests offered ning water or indoor plumbing facilities; may be selected adjacent to the YDNWR. in this proposal. Also, the fish and wildlife The second highest rate of multi- The actual acreage in the conveyances is values discussed in connection with sub- generational housing in Alaska, with 16.4% substantially larger than this because the surface parcels clearly relate and are in- of the households containing three or more computation of acreage deletes lakes more tended to relate to the overlying surface es- generations per household; than 50 acres in size and rivers more than 198 tate regardless of whether the surface estate The highest rate of household overcrowd- feet in width. Title to these water bodies will is included in this proposal. For detailed in- ing in Alaska, with nearly 81% of the houses also be transferred to the United States if formation regarding the birds which inhabit in the Calista Region containing less than the water bodies are not navigable. The sub- or have been identified as using the lands in 300 square feet; surface lands in this lands package are in a specific parcels in this lands package, please The lowest level of education of all Ameri- very deep sedimentary basin whose geology refer to the document prepared by Calista, cans, Alaska Natives complete only an aver- indicates the potential for hydrocarbon de- entitled ‘‘Background Information on Fish age of 9.3 years, compared to 12.5 years for posits. Thus far, exploration on Calista sub- and Wildlife Habitat Resources of the all Americans; and Teen pregnancy rates of more than twice surface lands has been minimal and at rel- Yukon-Kuskokwim Delta Region and the the national average. atively shallow depths. If significant hydro- Calista Native Regional Corporation Land The Calista land exchange is being pursued carbon deposits are discovered, however, it Exchange Parcels’’ as revised 1997, which is would be unlikely that such lands would be by the Calista Corporation as a key element based on information gathered over the in its efforts to remain a viable Native Re- available for exchange or acquisition in the years from the Yupik Eskimos who inhabit future. gional corporation with the capacity to help the Region and other sources. effectively address these social and health IV. FISH AND WILDLIFE HABITAT VALUES V. CALISTA LAND PACKAGE issues. The exchange will help the Calista All of the lands, interests in lands and sub- The following chart lists the land parcels Corporation work for improvements in basic surface estates in the exchange located are in the package. community infrastructure and facilities in within the Yukon Delta National Wildlife the region. In the Calista Region, there are, Refuge in southwestern Alaska. Addition- at present, few economic resources other ally, Calista Corporation is offering an enti- than the fish and wildlife upon which to base tlement to 10,000 acres of land. The Calista Parcel name and interest to be conveyed Acreage the economy. In addition, the exchange has Region is a sedimentary basin created over the potential to create business opportuni- the millennia by the flow of the Yukon and Dall Lake: Fee—Surface ...... 12,486 Hamilton: Fee—Surface ...... 7,135 ties and expand employment for the Region, Kuskokwim Rivers. Section 14(h)(8) Entitlement: Fee—Surface & Subsurface ...... 10,000 thereby providing individuals with greater The region is composed of extensive wet- Hooper Bay: Subsurface ...... 21,190 means to help themselves and their commu- lands, marshes, some highlands and moun- Scammon Bay: Subsurface ...... 77,512 Kusilvak: Subsurface ...... 63,236 nities. tains, estuaries, streams and riverine areas. Calista Subsurface on TKC Surface: Subsurface ...... 16,998 The Calista Region has never experienced Because of the character of the land, it has Calista Subsurface on NIMA Surface: Subsurface ...... 9,958 economic booms like other areas of the been for centuries, and is today, a highly TKC: Conservation Easement ...... 16,998 NIMA: Surface ...... 9,958 state. The Calista Region and its residents productive and principal nesting area for Calista Subsurface on Hamilton Surface: Subsurface ...... 7,135 were left out of the Trans-Alaska pipeline countless thousands of shorebirds, water- Calista Subsurface on Dall Lake Surface: Subsurface ...... 12,486 construction boom. The Region was too far fowl, passerines and other wildlife. (See away to provide services and village resi- VI. SUMMARY maps following page 4) dents had neither the skills nor the trade Some of the waterfowl and other birds in- union membership necessary to get the jobs habiting this region are: Spectacled Eider, available during construction of the pipeline. Gyrfalcon, Tundra Swans, White-fronted As local economies in other areas of the Goose, Steller’s Eider, Bristle thighed Cur- Parcel name and interest to be conveyed Acreage state grew throughout the 1970’s and 1980’s, lew, Northern Goshawk, Swainson’s Thrush, NIMA Lands: Fee—Surface & Subsurface ...... 9,958 the Calista Region’s economy, with the ex- Golden Eagle, Snow Geese, Peregrine Falcon, Hamilton Lands: Fee—Surface & Subsurface ...... 7,135 ception of construction, actually declined Gray Cheeked Thrush, King Eider, Black TKC Lands: Conservation Easement & subsurface ...... 16,998 and local residents became even more de- Brant, Great Horned Owl, Blackpoll Warbler, Dall Lake: Fee—Surface & Subsurface ...... 12,486 Calista Section 14(h)(8) Entitlement: Entitlement to Surface Fee pendent on state and federal monies for sur- Northern Pintail, Cackling Canada Goose, & Subsurface ...... 10,000 vival. Emperor Goose, Canvasback, Wilson’s War- Total Fee and Conservation Easement+Subsurface ...... 56, 577 Government spending is the single most bler, Arctic Tern, and Harlequin Duck. Hooper Bay: Subsurface ...... 21,190 important component of the Regional econ- Additionally, the Calista region is also Scammon Bay: Subsurface ...... 77,512 omy, as is the case in much of rural Alaska. home to wolves, brown and black bear, Kusilvak: Subsurface ...... 63,236 The stability of the Calista Region’s econ- moose, caribou, otter, fox and many other Total Subsurface Only ...... 161,938 omy has been largely dependent upon outside species of wildlife, as well as all major spe- public funding; consequently the economy is cies of salmon, grayling, sheefish, rainbow VII. CURRENT SOCIAL CONDITIONS very vulnerable to state or federal budgetary trout, dolly varden, blackfish, pike and four The state of living conditions for most of and program adjustments. In 1990, it was es- species of white fish. the Native people of the Calista Region can According to the U.S.F.W.S. the following timated that state and federal expenditures be difficult for outsiders to comprehend. are a few of the superlatives describing the accounted for approximately 65% of the total Many of the basics of life which the rest of Yukon Kuskokwim Delta/Calista Region: wages earned by the residents of the Calista Up to 80% of the world population of Pa- America takes for granted—running water, Region. cific black brant breed or nest on the coastal flush toilets, trash collection, paved roads, The growth of government, trade and serv- fringe of the Yukon Koskokwim Delta Re- neighborhood schools, a doctor in the com- ices sectors has resulted in more white col- gion; munity, an ambulance in time of medical lar/professional jobs in the Region. However, Virtually the entire breeding population of emergency, the fire department, a regular most men living in the villages are trained cackling Canada geese nest in the Region; paycheck from a job, a public library—barely as blue collar workers and laborers so the Approximately 90% of the world’s popu- exist within the region. The following dis- Region has a disproportionately high lation of emperor geese nest in the Region; turbing statistics reflect both causes and amount of blue collar labor available for the Almost all of the world’s population of symptoms of the problems endemic to the re- few labor related jobs available. As a result, white-fronted geese nest in the Region; gion. The Calista Region has: new white collar jobs are often filled by out- Sixty percent of the world’s breeding bris- The highest infant mortality rate in the siders coming into the Region with the nec- tle-thighed curlew nest in the Region; Nation; essary skills. H8482 CONGRESSIONAL RECORD — HOUSE September 23, 1998

VIII. PREHISTORY OF YUKON DELTA REGION Refuge Values of the Surface. The chief habi- Kuskokwim lowlands unit of the Yukon The lands of this Region were probably in- tat and wildlife value of the parcel is water- Delta NWR. This unit is largely wetlands, habited from at least 10,000 years ago to fowl nesting. The parcel is contiguous to habitat for a diversity of fish and wildlife in- about 7,000 years ago by people of the Paleo- coastal plain habitat to the north and west, cluding geese, ducks, swans, shorebirds, Arctic Tradition. From about 7,000 years ago and is used by geese, swans, sandhill cranes, moose, caribou, many species of fur bearers, to about 4,000 years ago people of the North- ducks, loons, and numerous shorebirds, in- ptarmigan, and many other bird and mam- ern Archaic Tradition lived in the area. This cluding curlews, sandpipers, and plovers. mal species. tradition was followed by the Arctic Small Maps of species distribution by density The area is an important producer of ducks Tool Tradition, 4,000 to 3,000 years ago, and blocks, produced by U.S. Fish and Wildlife, and is significant as a staging area for thou- by the Norton Tradition, from 3,000 to 1,000 show the area to have medium range den- sands of snow geese migrating to and from years ago. The archaeological record docu- sities for pintail ducks, scaup, and tundra their nesting grounds on Wrangell Island in ments the lengthy human habitation of the swans: one to four birds per square mile, and the Soviet Far East. US Fish & Wildlife area and more importantly, the cultural up to one per square mile densities for Can- Service has indicated high scaup nesting roots of the Region’s contemporary Yupik ada geese, Arctic loons, and sandhill cranes. densities of four to 12 birds per square mile, inhabitation. The cultural ancestors of Other nesting birds include white-fronted and pintail and scoter densities of one to present-day Western Region Yupik Eskimos geese, scoters, shovellers, and mallards. four per square mile in the area. Also occur- were living in and utilizing the subsistence Shorebirds of several species are common to ring at densities of one to four birds per resources of the Region since about A.D. abundant. Whitefish, sheefish (inconnu), and square mile are tundra swans, Canada geese, 1000. northern pike are common in the sloughs Arctic loons, and sandhill cranes. Other spe- While the Refuge has moderate populations and larger lakes. Furbearers such as mink, cies noted in aerial surveys within the parcel of mammals, including small furbearers, otter, muskrat, beaver, Arctic and red fox area were red-throated loons, white-fronted moose, caribou, and recently re-established are abundant, but large mammals are rare geese, old squaw ducks, and mallards. Both musk-ox, the primary wildlife resource is the due to the lack of protective cover. The land shorebirds and ptarmigan are common in the enormous populations of ducks, geese, swans, has been assigned a medium priority rank in area. shorebirds, and water birds that nest on the the Alaska Priority System. Approximately 30 musk oxen use the Dall Delta. An estimated 100 million waterfowl, Hamilton Subsurface. The subsurface be- Lake area year around. These musk oxen are shorebirds, and sea birds representing over 50 neath the Hamilton surface lands is part of part of the growing 100-head mainland herd species use the Delta for nesting and for rest- the Yukon Delta/Norton Sound Sedimentary established on Nelson Island which is cur- ing and feeding during migration. A large Basin. Calista leased the Yukon Delta sub- rently expanding its range to inland parts of percentage of the migrating birds of the Pa- surface lands to Amoco Exploration in 1978. the refuge. Fur bearers such as mink, otter, cific Flyway originate from the Yukon These lands have also had several genera- muskrat, and red fox are common in the Dall Delta. (See maps in Appendix C). tions of seismic survey work since the early Lake area and are important subsistence re- The importance of the Delta as nesting 1970’s and the area continues to receive oil sources. The lakes and waterways contain grounds for North American waterfowl in- industry attention. resident Arctic char, whitefish, northern creases yearly as productive prairie pothole HAMILTON PARCEL (NUNAPIGLLURAQ CORPORA- pike, cisco, and burbot, all used by villagers nesting habitats in the United States and for subsistence. The land has been assigned a Canada are drained for agriculture or are TION AND CALISTA CORPORATION LANDS) Nunapiglluraq Corporation (for the village high priority in the Alaska Priority System. lost to drought. Subsurface Values. The subsurface beneath IX. LAND TRANSACTION ACCOUNTING of Hamilton) will convey to the United States of America the surface estate for the the Dall Lake surface lands is in the central The accounting, and, to the extent nec- following described lands that it received in portion of the Bethel/Kuskokwim Delta Sedi- essary, the establishment of a property ac- Interim Conveyance No. 562, dated October mentary Basin. Calista leased the Bethel count required by subsection (c) of Section 28, 1982. Calista Corporation will convey to Basin lands to Shell Exploration in 1974. 8126 of P.L. 102–172, upon relinquishment and the United States of America the subsurface Like the Yukon Delta area, these lands have conveyance by Calista (and where relevant, estate for the following described lands that had several generations of seismic survey The Hamilton Corporation, The Kuskokwim it received in Interim Conveyance No. 563, work since the early 1970’s and the area con- Corporation, or NIMA Corporation) of the dated October 28, 1982. Nunapiglluraq Cor- tinues to receive oil industry attention. In lands and interest in lands in this document poration entitlement to lands under Section 1962 a single test well was placed on the shall be based on and credited with, respec- 12 (a) and Calista Corporation rights under flank of what is now defined as the Bethel tively, a total amount of $39.4 million for the Section 14(f) of ANCSA will be reduced by Basin. In the future it is likely that this sed- lands interests in lands and other consider- the acreage specified in the below described imentary basin, which is nearly the size of ations referenced in this document. For pur- legal description. Oklahoma, will receive more exploration. poses of Section 7(i) of the Alaska Native Hamilton Parcel Land Description DALL LAKE PARCEL (NIMA CORPORATION AND Claims Settlement Act (43 U.S.C. 1606(i)), CALISTA CORPORATION LANDS) ‘‘Revenues’’ are only those realized in excess Seward Meridian, Alaska, (Unsurveyed) The legal description below describes lands of $20 million from the compensation re- T. 31 N., R. 77 W. ceived by Calista under Section 8126 sub- validly selected by NIMA Corporation (for Secs. 29 and 30. the village of Mekoryuk) under Section 12(a) section (b)(1) as amended for subsurface es- Containing approximately 735 acres. of ANCSA. NIMA Corporation will file an ir- tate listed in the Calista Conveyance and Re- T. 31 N., R. 78 W. revocable prioritization with the Bureau of linquishment Document. Secs. 1 and 2; Land Management for all the lands described X. DESCRIPTION OF THE LANDS, INTEREST IN Secs. 11 through 14; below. NIMA Corporation will relinquish any LANDS AND ENTITLEMENTS TO LAND TO BE Secs. 23, 24, and 25. and all selections pursuant to Section 12(a) CONVEYED Containing approximately 5,440 acres. T. 32 N., R. 78 W. and 12(b) of ANCSA for the below described HAMILTON/YUKON DELTA AREA—7,135 ACRES lands. NIMA Corporation entitlement to Sec. 35, S1⁄2. Location. The Hamilton parcel is located Sec. 36. lands under Section 12(a) of ANCSA will be near the delta complex at the mouth of the Containing approximately 960 acres. reduced by the acreage specified in the below Yukon River between Apoon Pass and Aggregating approximately 7,135 acres. described legal description. Upon filing of Nanvaranak Slough. It is approximately 20 the irrevocable prioritization and relinquish- DALL LAKE AREA—12,486 ACRES miles south of Norton Sound. ment by NIMA Corporation, rights to the General Description. The Hamilton parcel Location. The Dall Lake parcel is located subsurface estate in the lands described consists of 7135 acres of combined surface along the southeastern border of Dall Lake below, which would accrue to Calista Cor- and subsurface estate. The lands are part of southeast of Bethel, Alaska, about 30 miles poration pursuant to Section 14(f) of ANCSA, the wet muskeg coastal plain with slough, from the Bering Sea waters of Etolin Strait. are extinguished and Calista Corporation lake and pond habitats. Several small It borders the eastern boundary of the Nel- will not be entitled to substitute lands else- sloughs head in the parcel and dozens of son Island unit of the Clarence Rhode Na- where by virtue of the extinguishment. Addi- small lakes and ponds and their adjacent tional Wildlife Range. tionally Calista Corporation shall file a re- marshes and wetlands are scattered through- General Description. The Dall Lake parcel linquishment to the in-lieu selections under out the parcel. Most of the land is less than is a surface and subsurface selection of ap- Serial Number AA–8099–1 top filed on any 20 feet above sea level and the dwarf tundra proximately 12,486 acres. This parcel consists lands described below that are identified for vegetation is underlain by sand and silty of low elevation wetlands dotted with innu- sale to the United States of America. Calista flood plain material. The southern part of merable lakes and ponds along the south- Corporation rights under Section 14(f) of the parcel contains some areas of deciduous eastern border of Dall Lake, an extremely ANCSA will be reduced by the acreage speci- shrub land and has more extensive grassy large inland lake covering more than 150 fied in the below described legal description. marshlands and riverine habitats. The parcel square miles. Wet muskeg tundra vegetation Dall Lake Parcel Land Description is five miles south of the Yukon River Delta and lake margins characterize the habitat at unit of the historic Clarence Rhode Wildlife Dall Lake. Steward Meridian, Alaska Unsurveyed Range and the abandoned Village of Hamil- Refuge Values of the Surface. The Dall T. 1 N., R. 82 W. ton. Lake parcel lies within the Yukon- Secs. 23 through 36. September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8483 Containing approximately 7,716 acres. surface resources and any related disruption sheltered bays characterize the parcel’s 14 T. 1 N., R. 83 W. of the surface, the village corporation may miles of Bering Sea shoreline on the south- Sec. 25; develop the surface estate. These lands are ern shore of the bay. The mountains rise to Secs. 26 and 27, excluding U.S. Survey 10449; biologically productive, tide-influenced an elevation of 1,465 feet within the parcel. Sec. 28; marshlands critical to the Arctic nesting The intrusive volcanic rock that forms the Secs. 33 through 36. geese species. High densities of nesting em- mountains is useful as quarry material and Containing approximately 4,770 acres. peror, white fronted, and cackling Canada is currently being extracted for an airport Aggregating approximately 12,486 acres. geese utilize this rich marshland, and it is improvement project at the village of NIMA AREA—9,958 ACRES also important for nesting swans, cranes, Scammon Bay. The southern border of the ducks, loons and abundant numbers of sev- parcel is adjacent to the Kokechik Bay/ Location. The NIMA parcel adjoins the Dall eral species of shorebirds. Northern pintails Paimuit unit of the Clarence Rhode Unit of Lake parcel on its northern border. It is lo- in the coastal zone occur at three times the the YDNWR which has some of the most sig- cated near the southeastern shore of Dall density that they occur in the interior delta, nificant habitat values on the Yukon- Lake, southeast of Bethel, Alaska, about 30 averaging four to 12 per square mile in Kuskokwim Delta National Wildlife Refuge miles from the Bering Sea waters of Etolin F&WS aerial surveys. Scaup also occur at due to its intensive use by Arctic nesting Strait. these densities and other ducks such as old geese species. General Description. The NIMA parcel is a squaw, spectacled and common eider, To the north, the overlying habitat is a surface and subsurface conveyance of ap- scoters, shovellers, and mallards also utilize flat coastal plain utilized by Arctic nesting proximately 9,958 acres. This parcel consists the habitat. The mudflats and sand spits in geese such as the endangered white-fronted of low elevation wetlands and lakes and both bays are vital feeding and staging areas geese, emperor geese and cackling Canada ponds near the southeastern shore of Dall for vast numbers of migrating waterfowl and geese. The coastal plain is dissected by the Lake, an extremely large inland lake cover- shorebirds. large, shallow meanders of the Kun River ing more than 150 square miles. Wet muskeg Subsurface Values. These lands have been and several smaller tributaries including the tundra vegetation and lake margins charac- subject to oil and gas leases twice in the re- Kikneak and Ear Rivers. Habitat includes terize the habitat at Dall Lake. cent past. The geology is permissive of sev- tidal sloughs and estuaries, beach ridges and Refuge Values of the Surface. The NIMA par- eral mineral deposit types; however, there swales, lake and pond shores, and sedge cel has the same habitat and subsurface at- are no known occurrences of minerals in this meadows important to nesting and brood- tributes as the Dall Lake parcel, with which poorly explored Region. rearing. it is contiguous. Therefore, the Refuge and Habitat Values of the Surface. The offered Subsurface values are the same as for the ad- HOOPER BAY PARCEL (CALISTA CORPORATION Scammon Bay surface parcel underlies Na- joining Dall Lake parcel. LANDS) tive land in the delta coastal plain unit of NIMA PRACEL (NIMA CORPORATION AND CALISTA Calista Corporation will convey the sub- the Yukon Delta NWR. Although acquisition CORPORATION LANDS) surface estate to the United States of Amer- of the subsurface estate will prevent develop- ica for the following described lands that it ment of subsurface resources and any related NIMA Corporation (for the village of received in Interim Conveyances Nos. 511, disruption of the surface, the village cor- Mekoryuk) will convey to the United States dated May 28, 1982, and 579, dated December poration may develop the surface estate. The of America the surface estate for the follow- 22, 1982. The surface estate of these lands is dominant feature of this unit is vast wet- ing described lands it received in Interim being retained by Sea Lion Corporation (for lands characterized by thousands of thaw Conveyance No. 453, dated November 20, 1981. the village of Hooper Bay). Calista Corpora- lakes and ponds underlain by permafrost. Calista Corporation will convey the sub- tion rights under Section 14(f) of ANCSA will The freeze-thaw cycle coupled with regular surface estate to the United States of Amer- be reduced by the acreage specified in the tidal and riverine flooding maintain a herba- ica for the following described lands that it below described legal description. The sur- ceous wetland that is excellent waterfowl received in Interim Conveyance No. 454, face acreage charged against Sea Lion Cor- habitat. It is considered the best goose-brant dated November 20, 1981. Additionally Calista poration 12(a) entitlement will not be af- nesting area in North America. Historically, Corporation shall file a relinquishment to fected. one half of the continental populations of the in-lieu selections under Serial Number brant nested on the coastal fringe, as do AA–8099–1 top filed on any lands described Hooper Bay Parcel Land Description nearly the entire populations of cackling below that are identified for sale to the Seward Meridian, Alaska (Unsurveyed) Canada and emperor geese. Most of the Pa- United States of America. NIMA Corporation T. 17 N., R. 93 W. cific flyway population of white-fronted entitlement to lands under Section 12(a) and Secs. 1 through 4; geese also nest here. In addition to cackling Calista Corporation rights under Section Secs. 5 and 8; Canada geese, two other subspecies of Can- 14(f) of ANCSA will be reduced by the acre- Secs. 9 through 12; ada geese—both Taverner’s and lesser Can- age specified in the below described legal de- Sec. 13 excluding F–14703 Parcel C; ada geese—are also found within this unit. scription. Secs. 14 through 18; The three subspecies appear to favor slightly NIMA Parcel Land Description Secs. 20 through 23; Sec. 24, excluding F–14703 Parcel C. different zones with cacklers nesting in a ten Seward Meridian, Alaska, (Unsurveyed) Containing approximately 12,155 acres. mile wide band closest to the sea, Taverner’s T. 1 N., R., 82 W. T. 18 N., R. 93 W. moving inland slightly, and lesser Canada’s Secs. 1 through 22. Secs. 4 and 9; somewhat more inland. Containing approximately 9,958 acres. Secs. 11 through 16; These zones, however, do overlap. The area Aggregating approximately 9,958 acres. Secs. 21 and 22; is also considered part of the largest and most important shorebird habitat in the Pa- HOOPER BAY AREA—21,190 ACRES Secs. 23 through 28; Secs. 33 through 36. cific Flyway. It is the largest single expanse Location. The Hooper Bay parcel is located of intertidal habitat in North or South on Dall Point; Kokechik Bay is on the north, Containing approximately 9,035 acres. Aggregating approximately 21,190 acres. America, and provides the major breeding Hooper Bay on the south, and the Bering Sea grounds for North American populations of to the west. It is adjacent to the Clarence SCAMMON BAY AREA—77,512 ACRES black turnstone, dunlin, western sandpiper, Rhode National Wildlife Range unit of the Location. The Scammon Bay parcel is lo- rock sandpiper, and bar-tailed godwit, as Yukon Delta National Wildlife Refuge on its cated on the Bering Sea coast at Scammon well as being an important staging area for eastern border. Bay on the Yukon-Kuskokwim Delta. bristle-thighed curlews. General Description. The Hooper Bay parcel General Description. The Scammon Bay par- The periodic flooding of the tidal marshes consists of subsurface estate. The surface is cel is a large tract (25 miles long by up to 12 of the coastal plain creates a rich food owned by Sea Lion Corporation and is not of- miles across) of subsurface estate, whose sur- source for nesting and rearing young and fered as a part of this proposal. The surface face estate is privately owned by Askinuk contributes to goose, swan, and crane den- estate is coastal plain with innumerable Corporation, the Native corporation of sities of one to 12 per square mile with heavi- small ponds and lakes and several small Scammon Bay village, is not involved in this est nesting densities along the coast (US sloughs. Most of the parcel is below 50 feet in conveyance. The parcel includes 77,512 acres Fish & Wildlife aerial surveys). Pintail and elevation. Long shore sand spits form north- of conveyed subsurface estate and remaining scaup (four to 12 per square mile), scoter (one ern and southern extensions of the land, and subsurface entitlements at Scammon Bay. to four per square mile), old squaw, spec- dunes form Dall Point itself. The village of The parcel includes about 20 miles of Bering tacled eiders, loons (up to 12 per square Hooper Bay is located at the mouth of Sea coastline. mile), and shorebirds also nest on the coastal Napareayak Slough on Hooper Bay. The surface overlying this subsurface par- plain. Mink, otter, muskrat, beaver, and Arc- Habitat Values of the Surface. Village cor- cel consists of several distinct habitats. tic and red fox are common to abundant. poration lands overlying the offered sub- There is a prominent, rocky, mountainous Subsurface Values. These lands have been surface estate include Kokechik Bay front- upland to the south which is used by upland subject to oil and gas leases twice in the re- age with some of the highest value habitat ground-nesting birds such as ptarmigan, cent past. The geology is permissive of sev- rankings on the Yukon Wildlife Delta Ref- rock sandpipers, golden and semi-palmated eral mineral deposit types; however, little is uge. Although acquisition of the subsurface plovers, short-eared owls, and jaegers. Steep known of the occurrence of minerals in this estate will prevent development of sub- rocky bluffs, fast, clear streams, and small poorly explored Region. The known current H8484 CONGRESSIONAL RECORD — HOUSE September 23, 1998 value of the subsurface estate in the Sec. 16, excluding F–19039 Parcel B; Corporation (for the village of Hooper Bay). Scammon Bay area is based to a large extent Secs. 17 through 20; Calista Corporation rights under Section on the ready supply of sand, gravel and rock. Sec. 21, excluding F–15023 Parcel A and F– 14(f) of ANCSA will be reduced by the acre- This area is the only local source for these 19224; age specified in the below described legal de- materials in a Region where such materials Sec. 22, excluding F–19224. scription. The surface acreage charged are scarce and costly. Containing approximately 4,573 acres. against Sea Lion Corporation 12(a) entitle- T. 20 N., R. 92 W. ment will not be affected. SCAMMON BAY PARCEL (CALISTA CORPORATION Sec. 13, excluding F–19033 Parcel A, F–19044 LANDS) Kusilvak Parcel Land Description Parcel B; Calista Corporation will convey the sub- Sec. 14, excluding F–19039 Parcel A, F–19056 Seward Meridian, Alaska (Unsurveyed) surface estate to the United States of Amer- Parcel A, and F–19221 Parcel B; T. 21 N., R. 84 W. ica for the following described lands that it Secs. 23 and 24. Sec. 6. received in Interim Conveyances Nos. 573, Containing approximately 1,390 acres. Containing approximately 525 acres. dated November 19, 1982, and 959, dated Sep- Aggregating approximately 77,512 acres. T. 22 N., R. 84 W. tember 28, 1984. The surface estate of these Any and all remaining rights that would Sec. 31. lands is being retained by Askinuk Corpora- accrue to Calista Corporation pursuant to Containing approximately 508 acres. tion (for the village of Scammon Bay). Section 14(f) of ANCSA beneath land con- T. 21 N., R. 85 W. Calista Corporation rights to lands under veyed to Askinuk Corporation pursuant to Secs. 2 through 7. Section 14(f) of ANCSA will be reduced by Section 12(a) of ANCSA are hereby extin- Sec. 18. the acreage specified in the below described guished and no substitute subsurface will be Containing approximately 4,231 acres. legal description. The surface acreage conveyed to Calista Corporation. Any rights Secs. 3 through 10; charged against Askinuk Corporation 12(a) pursuant to Section 12(a)(1) of ANCSA accru- Secs. 15 through 22; entitlements will not be affected. ing to Calista Corporation by virtue of any Secs. 27 through 36. Scammon Bay Parcel Land Description conveyance to Askinuk Corporation within Containing approximately 14,577 acres. the boundaries of the Clarence Rhode Unit of T. 23 N., R. 85 W. Seward Meridian, Alaska (Unsurveyed) the Yukon Delta National Wildlife Refuge Secs. 30, 31, and 32. T. 20 N., R. 88 W. are unaffected. Containing approximately 1,623 acres. Secs. 5 through 8; T. 21 N., R. 86 W. KUSILVAK AREA—62,236 ACRES Sec. 18, excluding F–19228 Parcel A and F– Sec. 4; 19234; Location. The Kusilvak parcel is located Sec. 5, excluding F–19237; Sec. 19, excluding F–19234; on the Black River several miles west of the Sec. 6, excluding F–19238 Parcel A; Sec. 20; Kusilvak Mountains and approximately Secs. 13 and 14. Secs. 26 and 27; twenty miles from the Bering Sea. Containing approximately 2,185 acres. Sec. 28, excluding F–15947; General Description. This parcel is a sub- T. 22 N., R. 86 W. Sec. 29, excluding F–15947; surface estate and subsurface entitlement of Secs. 19 through 25; Sec. 30; 63,236 acres. It includes 41,688 acres of con- Secs. 28 through 31; Sec. 35. veyed subsurface estate and 21,548 acres of Sec. 32 excluding F–19237; Containing approximately 6,685 acres. remaining subsurface entitlements. The sur- Secs. 33 and 36. T. 21 N., R. 88 W. face estate is owned by Sea Lion Corporation Containing approximately 7,574 acres. Secs. 9 through 16; and is not part of the lands to be conveyed. T. 13 N., R. 86 W. Secs. 21 through 31; The Black River, a major waterway, runs for Secs. 11 through 15; Sec. 32, excluding F–19043 Parcel B; about 15 miles through the parcel. The parcel Secs. 21 through 26; Sec. 33, excluding F–19229 Parcel A; is characterized by coastal lowlands and Sec. 27, excluding F–18428 Parcel A; Secs. 34, 35, and 36. river flood plains with many large lakes and Sec. 28, excluding F–18428 Parcel A; Containing approximately 14,757 acres. innumerable small lakes and ponds. The Sec. 29; T. 20 N., R. 89 W. Black River has formed numerous sloughs, Secs. 32 through 36. Secs. 1 and 2; oxbows, and cutoff channels. Containing approximately 10,465 acres. Sec. 3, excluding F–18977 Parcel B; Habitat Values of the Surface. The offered Aggregating approximately 41,688 acres. Sec. 4, excluding F–18977 Parcel B and F– Kusilvak subsurface parcel underlies Native The following described lands include ap- 19229 Parcel A; lands whose chief habitat and wildlife value proximately 73,524 acres which have been Secs. 5 and 6; is waterfowl nesting. Although acquisition of validly selected by Sea Lion Corporation (for Secs. 7 and 8, excluding F–19233; the subsurface estate will prevent develop- the village of Hooper Bay) under Section Sec. 9; ment of subsurface resources and any related 12(a) of ANCSA. Sea Lion Corporation has a Sec. 10, excluding F–19045; disruption of the surface, the village cor- remaining Section 12(a) entitlement of ap- Secs. 11 and 12; poration may develop the surface estate. The proximately 32,289 acres. Using a portion of Sec. 13, excluding F–19234; Native lands are used by Canada geese, its remaining Section 12(a) entitlement, Sea Sec. 14, excluding F–19043 Parcel A and F– swans, loons, cranes, and many species of Lion Corporation will file an irrevocable 19241; ducks, as well as shorebirds. Population den- prioritization with the Bureau of Land Man- Sec. 15, excluding F–19043 Parcel A, F–19045, sities of northern pintails and tundra swans agement for approximately 21,548 acres con- and F–19241; have been mapped at 4 to 12 per square mile sistent with ANCSA selection limitations at Sec. 16; based on USF&W aerial surveys. Canada 43 C.F.R. 2651.4 from the lands described Secs. 17 and 18, excluding F–19233; geese, scaup, scoter, cranes, and loons are below. Upon filing of the irrevocable Secs. 19, 20, and 21; common. Whitefish, sheefish (inconnu), and prioritization, rights to the subsurface es- Secs. 22 and 23, excluding F–19241; northern pike are important resources of the tate which would accrue to Calista Corpora- Sec. 24, excluding F–19234; Black River and are heavily used for subsist- tion pursuant to Section 14(f) of the ANCSA Secs. 25 through 28; ence by nearby villages. Fur bearers such as are extinguished and no conveyance of the Sec. 29, excluding F–19231 Parcel B; mink, otter, Arctic and red fox are abundant subsurface estate will occur. Calista Cor- Secs. 30, 31, and 32. in the parcel. There is moderate potential for poration rights under Section 14(f) of ANCSA Containing approximately 17,259 acres. summer and winter range for the expanding will be reduced by the 21,548 acres specified T. 21 N., R. 89 W. mainland musk-ox herd, which is occasion- above. At such time as the prioritized sur- Secs. 5 through 10; ally seen in the southern part of the parcel. face is patented to Sea Lion Corporation, the Secs. 15 through 23; Subsurface Values. These lands have been surveyed acreage will be charged against Sea Secs. 25 through 30; subject to oil and gas leases twice in the re- Lion Corporation section 12(a) ANCSA enti- Secs. 32 through 36. cent past. The geology is permissive of sev- tlement. Containing approximately 14,616 acres. eral mineral deposit types however there is Seward Meridian, Alaska (Unsurveyed) T. 20 N., R. 90 W. little known about mineralization in this poorly explored Region. The current known T. 21 N., R. 83 W. Secs. 1 through 4; Sec. 3; value of the subsurface in the Kusilvak area Secs. 11 through 30; Secs. 6 through 10; is based to a large extent on the ready sup- Sec. 31, excluding F–14759 Parce C; Secs. 15 through 18. ply of sand, gravel and rock. Secs. 32 through 36. Containing approximately 5,616 acres. Containing approximately 18,232 acres. KUSILVAK PARCEL (CALISTA CORPORATION T. 22 N., R.83 W. T. 20 N., R. 91 W LANDS) Secs. 6 and 7. Sec. 11, excluding F–19041 and F–19223 Parcel Calista Corporation will convey the sub- Containing approximately 1,240 acres. B; surface estate to the United States of Amer- T. 21 N., R. 84 W. Secs. 12 and 13; ica for the following described lands that it Sec. 1; Sec. 14, excluding F–19041 and F–19223 Parcel received in Interim Conveyance No. 511, Sec. 2, excluding F–18345 Parcel B; B; dated May 28, 1982. The surface estate of Sec. 3, excluding F–16760 Parcel B and F– Sec. 15, excluding F–19223 Parcel B; these lands is being retained by Sea Lion 18345 Parcel A; September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8485 Sec. 4, excluding F–16760 parcel B; The area provides habitat for populations of the entitlement could be used to select lands Sec. 5; moose and brown and black bear. The adjacent to the Refuge. Secs. 7, 8, and 9; Mulchatna caribou herd winters near White- The 14(h)(8) entitlement will be used to se- Sec. 10, excluding F–18394 parcel C and F– fish Lake. White fronted and Canada geese lect Federal lands which contain prospective 18345 parce A; visit the area, as well as several species of oil and gas horizons, potential mineral de- Secs. 11 through 15; puddle and diving ducks, including canvas posits, or surface estate development poten- Sec. 24. back, scoter, and scaup. Fur-bearers includ- tial, such as real estate projects, hydro- Containing approximately 8,142 acres. ing mink, fox, and wolves utilize the area. electric power, and commercial uses such as T. 22 N., R. 84 W. The land has been assigned a medium to low fish processing. Secs. 1 and 2; priority rank in the U.S.F.W.S. Refuge Pri- Calista is currently leasing several 14(h)(8) Secs. 11 and 12; ority System. tracts to various mineral exploration compa- Sec. 14; Subsurface Values. Whitefish Lake is at nies. Federal acceptance of this entitlement Sec. 19; the eastern end of the Bethel Basin, which is will help limit potential adverse impacts on Sec. 23; prospective for hydrocarbons. There are re- the Refuge. Sec. 26, excluding F–18566 Parcel B; ports of gas seeps at Whitefish Lake. The CALISTA CORPORATION 14(h)(8) ENTITLEMENT Secs. 27 through 30; area lies just west of the mouth of the gold Sec. 32; Calista Corporation agrees to the extin- placer bearing Ophir Creek, where active guishment of 10,000 acres of its Section Secs. 33 and 34, excluding F–16760 Parcel B; mining claims exist. Sec. 35; 14(h)(8) entitlement under ANCSA. KUSKOKWIM TRACT Sec. 36, excluding F–16922 Parcel B. Recognizing that the various parcels being Containing approximately 9,681 acres. (THE KUSKOKWIM CORPORATION AND CALISTA conveyed by Nunapiglluraq, NIMA, T. 20 N., R. 85 W. CORPORATION LANDS) Kuskokwim, and Calista Corporation, which Secs. 5 through 9; The Kuskokwim Corporation (successor in are described above, have not been surveyed, Secs. 16 and 17; interest to Lower Kalskag, Incorporated) the Corporations affected shall neither re- Secs. 20 and 21. will convey a conservation easement to the ceive any gain nor bear any loss, as a result Containing approximately 4,873 acres. United States of America (Appendix A here- of any future survey of these lands. T. 21 N., R. 85 W. to) on the surface estate of the following de- In those instances in which Calista Cor- Sec. 1; scribed lands that it received in Interim Con- poration is conveying the subsurface estate Secs. 8 through 12; veyance No. 745, dated September 30, 1983. under retained or selected village Corpora- Sec. 16; Calista Corporation will convey to the tions surface lands, Calista Corporation Sec. 17, excluding F–18394 Parcel B; United States of America the subsurface es- agrees that it shall neither receive any gain Secs. 20 and 21; tate to the following described lands that it nor bear any loss, as a result of any future Secs. 27, 28, and 29; received in Interim Conveyance No. 746, survey of the surface of these lands. Secs. 33, 34, and 35. dated September 30, 1983. The Kuskokwim Pursuant to Section 901 of ANILCA, 43 Containing approximately 9,035 acres. Corporation entitlement to lands under Sec- U.S.C. 1631 as amended, the submerged beds T. 22 N., R. 85 W. tion 12(a) and Calista Corporation rights of meanderable lakes, rivers, or streams have Secs. 23 through 26. under Section 14(f) of ANCSA will be reduced been estimated using Bureau of Land Man- Containing approximately 1,715 acres. by the acreage specified in the below de- agement Master Title Plats and will not be T. 20 N., R. 86 W. scribed legal description. charged against the acreage entitlement of Sec. 1, excluding F–16922 Parcel A; ANCSA corporations participating in this Kuskokwim Parcel Land Descripton legislation. Upon aquisition of uplands which Sec. 2; Seward Meridian, Alaska (Unsurveyed) Sec. 12. abut or surround non-navigable lakes, rivers, Containing approximately 1,845 acres. T. 14 N., R. 60 W. or streams, title to the lands under said T. 21 N., R. 86 W. Sec. 7; water bodies attributable to the uplands con- Secs. 1, 2, and 3; Secs. 8 and 9, excluding USS 10010; veyed to the United States shall vest in the Secs. 7 through 12; Secs. 16 through 21. United States. The term in-lieu refers to the right of the Secs. 15 through 23; Containing approximately 5,130 acres. Regional Corporation established under Sec- Secs. 26, 27, and 28; Seward Meridian, Alaska (Surveyed) tion 123(a)(1) to select the subsurface estate Sec. 29, excluding F–18798 Parcel A; T. 14 N., R. 61 W. in an equal acreage from outside the bound- Secs. 30 and 31; Secs. 1 and 2; aries of refuges established prior to ANCSA. Sec. 32, excluding F–18976 Parcel B; Sec. 11, excluding Lots 1 and 2 of USS 10063; Any lands hereafter conveyed by the Secs. 33, 34, and 35. Sec. 12, excluding Lot 2 of USS 10063; United States to any person pursuant to the Containing approximately 14,172 acres. Sec. 13: Alaska Native Allotment Act or Section 905 T. 20 N., R. 87 W. Sec. 14, excluding Lot 3 of USS 10063; of ANILCA or any amendment or supplement Secs. 2 through 11; Sec. 23, excluding Lot 4 of USS 10063; to either such statute from the lands con- Secs. 14, 15, and 16; Sec. 24. veyed or relinquished to the United States Secs. 17 and 18, excluding F–14705 Parcel B; Containing approximately 4,473 acres. pursuant to this contract shall not cause any Secs. 19 through 23; T. 15 N., R. 61 W. adjustment in the acreage charged to the en- Sec. 25; Secs. 1 and 2, excluding USS 10002; titlement of any of the corporations partici- Sec. 26, excluding F–19226; Sec. 3; pating in this contract nor shall any addi- Sec. 27, excluding F–19226 and F–19227; Secs. 11 and 12, excluding USS 10002; tional entitlement accrue to any of the fore- Sec. 28, excluding F–19227; Sec. 13, excluding Lot 2 of USS 10013; going corporations by virtue of any such Secs. 29 through 32; Sec. 14; conveyance by the United States. Sec. 33, excluding F–19227; Sec. 23; Sec. 34, excluding F–19226 and F–19227; Sec. 24, excluding Lot 2 of USS 10013; THE CONSERVATION FUND, Sec. 35, excluding F–19226; Secs. 25 and 26; Shepherdstown, WV, September 22, 1995. Sec. 36. Secs. 35 and 36. Hon. TED STEVENS, Containing approximately 17,205 acres. Containing approximately 5,625.01 acres. U.S. Senate, Washington, DC. Aggregating approximately 73,524 acres. T. 16 N., R. 61 W. DEAR SENATOR STEVENS: As I understand Secs. 33, 34, and 35. KUSKOKWIM AREA—16,998 ACRES it, you are considering legislative steps to Containing approximately 1,770 acres. Location. This tract is located west and implement the land exchange authorized in Aggregating approximately 16,998.01 acres. southwest of Whitefish Lake, which is west P.L. 102–172 for the benefit of the Calista of Aniak, Alaska. SECTION 14(h)(8) ENTITLEMENT—10,000 ACRES Corporation and of the Yukon Delta Na- General Description. This tract consists of This entitlement is to surface and sub- tional Wildlife Refuge. I am writing to you open tundra with abundant lakes and ponds. surface estate and can be selected from Fed- to voice my support for efforts in Congress The tract includes a conservation easement eral lands within the Calista Region. Calista to complete this exchange, which I believe on the surface estate, which is owned by the Corporation is currently under-selected would be of substantial benefit to the con- Kuskokwim Corporation, a village corpora- under subsection 14(h)(8). It is Calista’s posi- servation of wildlife refuge resources in the tion, and Calista Corporation’s subsurface tion that because this entitlement predates Yukon Delta region. estate in the corresponding acreage. expansion of the Yukon Delta National Wild- By way of background, as you may know, Refuge Values of the Surface. The White- life Refuge by ANILCA, Calista retains the I was with the U.S. Fish and Wildlife Service fish Lake area is generally upland tundra right to select in those portions of the Ref- (USFWS) for 24 years. Three of those years with some associated wetland habitat. This uge which were not withdrawn prior to were spent as the Alaska Regional Director is a staging area for waterfowl in the spring ANILCA. The U.S.F.W.S. disagrees and as- of the USFWS from 1983 until 1987 and two and fall. Unlike much of the delta, black serts that Section 304 of ANILCA bars the ex- years as the Associate Director in Washing- spruce stands grow on this parcel, which har- ercise of selection rights within the refuge. ton, D.C. Since my retirement from govern- bors passerines, raptors, owls, and eagles. Even if the U.S.F.W.S. position is correct, ment, I have served as the Director of H8486 CONGRESSIONAL RECORD — HOUSE September 23, 1998 Science for the Conservation Fund, a pub- istrative land exchange with the Department refuge must include the Calista lands. It is licly supported non-profit organization dedi- of the Interior, but to no avail. Thus it ap- crucial that Calista lands be protected in a cated to advancing land and water conserva- pears congressional action is required to re- manner consistent with the management ob- tion. solve the matter in a way that is most fair jectives of the refuge. From studying the Calista land exchange, to Calista stockholders while providing Unlike some Alaska Native corporations, it appears that approximately 28,000 acres of greater protection to refuge resources of it has been very difficult for the native peo- fee or fee entitlement would be involved and great state and national significance. We be- ple of the Calista region to translate their 182,000 acres of subsurface estate. Given the lieve this can be accomplished by exchanging land endowment into financial capital that nature of the lands in the Yukon Delta re- approximately 28,000 acres of surface and can be used to provide shareholder dividends gion, acquiring the subsurface estate as pro- 182,000 acres of subsurface estate for certain and to develop real, long-term cash econo- posed will go a long way toward conserving excess or surplus government properties as mies. the resources of the surface estate which P.L. 102–172 provides. With federal acquisi- Thus, the exchange proposed in H.R. 2505 is contains critical fish and wildlife habitat in tion monies becoming increasingly scarce, somewhat sublime—surplus federal property the northern sector of the Pacific Flyway. this seems an innovative and practical ap- for conservation. It could well become the This is a wildlife refuge of tremendous re- proach to better conserve our nation’s wild- U.S. version of the debt-for-nature exchanges sources clearly worthy of special conserva- life heritage while helping the Calista Cor- now underway between international lending tion efforts. The exchange would make productive and poration and its stockholders better secure institutions and third-world countries to creative use of certain excess or surplus gov- their economic future. In other words, this preserve dwindling habitat. ernment property in exchange for lands and should be a win-win solution for all con- This exchange, if approved, will help to interests in lands to be conserved. This cerned. protect ancestral lands and wildlife habitat, Thank you for your leadership on this im- seems to be a sensible approach to assist and it will provide Calista the money with portant issue, Congressman Young, and for conservation while at the same time provid- which to hopefully jumpstart profitable ven- your consideration of our views. ing a means to enable an Alaska Native Cor- tures elsewhere. I hope your action might poration to serve the most populous, unde- Sincerely, also help alleviate other social problems in veloped and the poorest Native region in the DAVID R. CLINE, the region, such as the alarmingly high rates state. This is especially true considering the Senior Wildlife Counselor. of suicide, infant morality, hepatitis, men- few dimes on the excess or surplus property ingitis, tuberculosis, alcoholism and unem- dollar often associated with the sale of such THE COASTAL COALITION, ployment. lands in the Federal portfolio. Anchorage, AK, June 24, 1996. This is a chance to do something right, I know that it has been difficult bringing Speaker NEWT GINGRICH, that will be remembered as such in history. this exchange to a successful conclusion. I Rayburn House Office Building, Seldom do we get such a chance. it is my sin- believe, as you apparently do, that the time Washington, DC. cere hope that this exchange will be the first has come to resolve this in an expeditious DEAR SPEAKER GINGRICH: I am writing to of many, bringing conservation, social, cul- way that is fair and reasonable for the land- you in strong support of the Calista land ex- tural, and economic benefits to rural Alaska. owner and for the government. As in the change in H.R. 2506 and urge that you act on I urge that you take immediate action to past, when a process gets so bogged down for this measure as quickly as possible. As a ensure that this, and many other similar ex- whatever reason, that is it unable to deal long time resident of Alaska and someone changes, are enacted. concerned with conservation and sustainable fairly and effectively with an issue, it is Sincerely, economic development, I cannot overstate to likely that the Congress will need to step in RICK STEINER. to help achieve an equitable resolution. It you how important this exchange is—both to appears that is the case here. the people and the resources of the Calista Thank you again for your consideration of region. DUCKS UNLIMITED INC., my views on this matter and I strongly urge The Calista land exchange involves out- Washington, DC, June 21, 1996. you and your colleagues to take action soon standing fish and wildlife habitat located Hon. DON YOUNG, to implement this land exchange. within the Yukon Delta National Wildlife Hon. GEORGE MILLER, Sincerely, Refuge (YDNWR). The Yukon Delta is one of Committee on Resources, House of Representa- ROBERT E. PUTZ, PH.D. the most unique and productive delta eco- tives, Washington, DC. systems in the world. And, it is a place of my DEAR MR. YOUNG and MR. MILLER: We are NATIONAL AUDUBON SOCIETY, heart. aware of a pending land trade between the Anchorage, AK, July 10, 1996. Twenty years ago, I first experienced the federal government and Calista Native Cor- Hon. DON YOUNG, Yukon Delta as my brother and I paddled by poration. The area that would be acquired by House Resources Committee, canoe over two thousand miles from the the U.S. Fish and Wildlife Service in this Longworth House Office Building, Great Slave Lake in the Northwest Terri- swap is land that serves as a very important tories of Canada across the old fur-trade Washington, DC. waterfowl breeding area for the Pacific and I’m writing on behalf of the National Au- route to the Yukon river, and then down to Central flyways of North America. Substan- dubon Society including its 2,200 Alaska the Bering Sea. To us, the Yukon Delta had tial portions of the populations of several members to support your legislative efforts become an almost mythical destination. But, waterfowl and other bird species use the to achieve a land exchange authorized in by the time we had reached the delta, we had Yukon-Kuskokwim river delta for breeding P.L. 102–172 for the benefit of the Calista become excited about ‘‘ending’’ our expedi- and as staging and stopover habitat in their Corporation on the Yukon Delta National tion, sponsored by Old Town Canoe Com- annual migratory cycle. Wildlife Refuge. pany, and we were eager to fly out. What we I understand that you have legislation Audubon recognizes the Yukon Delta Na- found there surprised and delighted both of under consideration that will facilitate a sit- tional Wildlife Refuge as among the premier us—a gentle and calm beauty and abundance uation that allows the Fish and Wildlife waterfowl production areas on the continent. neither of us had anticipated. This was, in Service to acquire these lands. Ducks Unlim- Its wetland habitats produce an annual fall our two-thousand mile journey, one of the ited is in favor of assuring that these lands flight of geese, ducks and swans that benefit most special places we had encountered. We will be kept in a condition that will allow thousands of hunters and other wildlife en- decided to stay awhile. these birds maximum opportunity to com- thusiasts throughout the Pacific Flyway. Later, as the University of Alaska’s ma- plete their life cycle needs. Most importantly, these waterfowl along rine extension agent for western Alaska for Sincerely, several years based in Kotzebue. I returned with millions of other migratory birds, fish SCOTT SUTHERLAND, to the area many times attempting to help and game animals constitute the mainstay Director of Governmental Affairs. of the region’s subsistence economy. the local people develop a commercial econ- After having worked with Calista and omy. I came to realize then what I learned at other partners for some 10 years on the the end of our canoe expedition—that the HERNDON, VA, Yukon-Kuskokwim Delta Goose Manage- highest and best use of this delta was in pre- September 18, 1995. ment Plan, we are convinced that the major- serving it intact, just as it was. Hon. DON YOUNG, Chairman, ity of their stockholders fully realize how es- This is something that I think the local House Resources Committee, Washington, DC. sential the protection of fish and wildlife people came to realize long ago. Thousands DEAR MR. CHAIRMAN: It has been brought habitat through flyway-wide cooperation is of geese, ducks, loons, cranes, and swans, as to my attention that you are considering to the future of their people and the wildlife well as seabirds and shorebirds migrate to early actions to further the land exchange that grace their lives. Through the goose this spectacular refuge every summer to involving the Calista Regional Corporation management plan, and with Calista’s co- breed and raise their young. The wetlands (Calista) originally authorized by P.L. 102– operation, we are achieving great success in that exist on the Calista inholdings with the 172. As an individual with lengthy involve- restoring seriously depleted goose popu- refuge provide critical habitat for many spe- ment in the implementation of the Alaska lations to healthy levels. The proposed land cies of birds, fish, and mammals, making Native Claims Settlement Act, passage of exchange will further enhance these and these areas an integral part of the eco- the Alaska National Interest Lands Con- other joint efforts to conserve refuge fish system. Because wildlife do not often sub- servation Act, and numerous related Alaska and wildlife. scribe to politically constructed boundaries, issues including efforts to achieve comple- We know that Calista has worked long and any consideration for conserving this ex- tion of the Calista land exchange, I am writ- hard to negotiate a fair and equitable admin- traordinary ecosystem as a national wildlife ing this brief letter to express my support September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8487 for actions that will further a fair and equi- and the YDNWR. The YDNWR was estab- and other affected parties. The notion is to table exchange that benefits both the share- lished in 1980, pursuant to the Alaska Na- avoid controversy, leaving those battles to holders of Calista and the conservation in- tional Interest Lands Act, to protect nesting other bills and other forums. terests of the Federal Government. You may and breeding habitats for large numbers of And while there have been bumps in the recall that for nearly eight years I was in migratory birds. Millions of geese, duck, road, the two previous Alaska Native technical charge of the Fish and Wildlife Service ef- loons, cranes, and swans, as well as forts to support the Administration’s propos- shorebirds and seabirds migrate to the spec- amendment bills have become law and it ap- als under Section 17(d)(2) of the ANCSA. In tacular refuge every summer to breed and pears that H.R. 2000 is now also acceptable that capacity, I was directly involved with raise their young. The wetlands that exist on to the Administration. many discussions in the Calista Region re- these in holdings are world class and serve as One of the more difficult issues in this bill in- garding long-term cooperation on land and unparalleled habitat for many species of volves the acquisition of lands owned by resource issues between the government and birds and other wildlife. Calista corporation and Native village corpora- the Native leaders in the region and villages. The specific wildlife that would be pro- tions which lie within the boundaries of the Since leaving that FWS position, I continued tected by this exchange is outstanding. For Yukon Delta National Wildlife Refuge. This ac- having periodic involvement in Alaska mat- example, Pacific Bract, White Fronted quisition was first authorized on a rider added ters. I am thoroughly familiar with the ex- Geese, Cackling Canada Geese and Emperor change provision in law and the efforts made Geese nest on the parcels in the exchange. by the Senate to the FY 1990 Defense Appro- by Calista to reach accord with the Depart- These birds are all ‘‘species of Concern’’ priations Act, and the process of reaching ment of the Interior. under the Migratory Bird Treaty Act. Their agreement between Calista and the Depart- It has been my intent to write you a more numbers have been declining precipitously. ment of the Interior has been far from smooth. detailed analysis of the difficulties that have All waterfowl in the refuge, except for the But we now have before us an agreement afflicted the Calista exchange and to offer Emperor Geese, sue the Pacific flyway, win- which has been carefully negotiated and is ac- my support for your efforts to remove major tering over at various locations along the ceptable to both parties. Calista and the vil- impediments. The suddenness of the poten- U.S. West Coast and Mexico. In addition, tial actions in your committee necessitate lages will receive federal property worth $39.4 most shorebirds nesting in the refuge also million and in exchange the U.S. Fish and sending this shorter communication on the migrate along this flyway, wintering as far subject. away as South America. Wintering over- Wildlife Service will acquire refuge inholdings The Calista Corporation has invested sub- grounds are where birds spend at least half of totaling over 200,000 acres of subsurface and stantial resources and time in their efforts their lives. Securing the stability of these over 46,000 acres of surface lands and ease- to resolve concerns within the Department waterfowl populations’ nesting and over- ments. The Yukon Delta Wildlife Refuge pro- of the Interior and to move forward with an wintering grounds must remain a priority if vides critical habitat for migratory waterfowl exchange that represents fairness to the cor- these populations are to thrive. The Calista and birds on the Pacific Flyway. poration and reasonable benefits to the gov- land exchanges would greatly enhance this The value of the Native lands is established ernment. Unfortunately, even with those overall protection. tangible and resolute overtures by Calista, in this legislation at $39.4 million, but does not The Calista exchange involves both surface reflect fair market value as established by Fish the exchange process never achieved the and sub-surface estates. Given the access and level of meaningful two-way communica- other rights of the subsurface estate owner and Wildlife Service appraisals. Instead, in the tions necessary to resolve serious differences to use and otherwise disturb the surface es- judgment of the Department of the Interior, in approach. Thus, although I had sincerely tate, in order to adequately protect the wild- this is the price tag that is necessary to make hoped that a beneficial and just reconcili- life and associated habitats, it is imperative this a willing seller transaction. The payments ation of differences would be negotiated, that the subsurface estate be protected as in excess of fair market value are considered there has been no real progress in this mat- well. Consequently, acquisition of subsurface to be a grant of federal assets which are ter for more than a year. estates is crucial to carrying out the overall Mr. Chairman, even while we have had dif- needed to recapitalize Native corporations in purposes of the refuge. the most economically deprived region of ferences through the years, each of us has In closing, if adequately protected, the wil- worked in his own way for self-determina- Alaska. derness lands offered by the Calista As noted in the description of current social tion, fairness and equity for the Native peo- inholdings will create a legacy of the world ples of your great state. I believe that class natural resources in the Yukon Delta conditions set forth in the land conveyance Calista has made an honorable offer of lands National Wildlife Refuge that can be shared document, the state of living conditions for and interests in lands that would benefit the by anglers, hunters, boaters, ecotourists, most of the Native people of the Calista region long-term conservation and management of wildlife viewers and subsistence users alike. can be difficult for outsiders to comprehend. the Yukon Delta National Wildlife Refuge. Sincerely, Most of the basics of life which the rest of They have sought fairness in the terms of SAMUEL A. CARR JR., America takes for grantedÐsuch as running the exchange, but they have been unable to National Director. engage the Interior Department representa- water and flush toiletsÐbarely exist within the Mr. YOUNG of Alaska. Mr. Speaker, I region. Among many serious problems, this tives in meaningful negotiations. It appears reserve the balance of my time. necessary and important for you to assist area has the highest infant mortality rate in the Calista toward a just exchange arrangement Mr. MILLER of California. Mr. Nation. It is for these reasons that the Admin- that also provides the refuge with benefits at Speaker, I yield myself such time as I istration is willing to exchange more economi- a fair cost. I will strongly support actions to may consume. cally valuable assets for the Calista properties accomplish those worthy goals. (Mr. MILLER of California asked and within the wildlife refuge boundaries. Sincerely yours, was given permission to revise and ex- Mr. Speaker, I want to especially recognize WILLIAM C. REFFALT. tend his remarks.) the contributions of Deborah Williams and Mr. MILLER of California. Mr. CALIFORNIA STATE DIVISION, THE many others at the Department of the Interior Speaker, I urge strong support of this who have worked very hard to develop this IZAAK WALTON LEAGUE OF AMER- legislation, and I want to commend the ICA, consensus legislation. I thank the Chairman June 11, 1996. gentleman from Alaska (Mr. YOUNG) for bringing H.R. 2000 before the House and Hon. DON YOUNG, Chairman, for his long and difficult negotiations I urge support for the bill. House Resources Committee, Washington, DC. and successful negotiations to work Mr. YOUNG of Alaska. Mr. Speaker, I DEAR MR. CHAIRMAN: The California Divi- out this legislation, and I want to rec- have no further requests for speakers, sion of the Izaak Walton of America is a non- ognize the contribution of Deborah and I yield back the balance of my profit grassroots organization who’s mem- Williams and many others at the De- time. bers are dedicated to outdoor recreation and partment of Interior who have worked the conservation and the preservation of our Mr. MILLER of California. I, too, Mr. natural resources. On behalf of the 500 mem- hard to develop this consensus legisla- Speaker, yield back the balance of my bers statewide. I am writing to offer my sup- tion. time. port of legislation that would facilitate the Again, I thank the gentleman for all The SPEAKER pro tempore. The Calista Land transfers authorized by Con- his efforts in developing this consensus question is on the motion offered by gress in 1991 and urge that this important legislation, and I urge the passage of the gentleman from Alaska (Mr. measure be enacted expeditiously. this legislation. YOUNG) that the House suspend the This measure would help conserve and pro- Mr. Speaker, H.R. 2000 is the third genera- rules and pass the bill, H.R. 2000, as tect critical wildlife habitat located within the Yukon Delta National Wildlife Refuge tion of Alaska Native technical amendment amended. (YDNWR) in the Calista region of Alaska. bills. The fundamental premise is that these The question was taken; and (two- Much of the terrain involved provides a low bills are developed on a consensus basis be- thirds having voted in favor thereof) lying coastal habitat for waterfowl, fish and tween the Alaska Federation of Natives, the the rules were suspended and the bill, other wildlife typical of the Calista Region Department of the Interior, the State of Alaska, as amended, was passed. H8488 CONGRESSIONAL RECORD — HOUSE September 23, 1998 A motion to reconsider was laid on (1) in subsection (a)(1)(C), by inserting ‘‘of Section 5 in Township 112 North, Range 35 the table. surface water’’ after ‘‘on such lands’’; and West of the 5th Principal Meridian; thence (2) in subsection (b), by striking ‘‘sub- east a distance of 678 feet; thence south a f section (a)(3)’’ each place it appears and in- distance of 650 feet; thence South 45 degrees GENERAL LEAVE serting ‘‘subsection (a)(1)(C)’’. West a distance of 367.7 feet; thence west a SEC. 4. TREATMENT OF CERTAIN DEMONSTRA- distance of 418 feet to a point situated on the Mr. YOUNG of Alaska. Mr. Speaker, I TION PROJECTS. north and south quarter line of said Section ask unanimous consent that all Mem- (a) IN GENERAL.—The Secretary of the In- 5; thence north a distance of 910 feet to the bers may have 5 legislative days in terior shall take such action as may be nec- place of beginning, subject to highway ease- which to revise and extend their re- essary to extend the terms of the projects re- ments of record, and containing 13.38 acres, marks on H.R. 2000, as amended, the ferred to in section 512 of the Indian Health more or less. bill just passed. Care Improvement Act (25 U.S.C. 1660b) so Nothing in this section is intended to au- that the term of each such project expires on The SPEAKER pro tempore. Is there thorize the Lower Sioux Indian Community October 1, 2002. in Minnesota to sell any of its lands that are objection to the request of the gen- (b) AMENDMENT TO INDIAN HEALTH CARE IM- held in trust by the United States. tleman from Alaska? PROVEMENT ACT.—Section 512 of the Indian SEC. 9. FEDERAL TRUST EMPLACEMENT OF TRIB- There was no objection. Health Care Improvement Act (25 U.S.C. AL LANDS. f 1660b) is amended by adding at the end the The Cow Creek Band of Umpqua Tribe of following: Indians Recognition Act (25 U.S.C. 712 et TECHNICAL CORRECTIONS IN ‘‘(c) In addition to the amounts made seq.) is amended by adding at the end the fol- LAWS RELATING TO NATIVE available under section 514 to carry out this lowing new section: AMERICANS section through fiscal year 2000, there are ‘‘SEC. 7. CERTAIN PROPERTY TAKEN INTO TRUST. authorized to be appropriated such sums as ‘‘The Secretary of the Interior shall accept Mr. YOUNG of Alaska. Mr. Speaker, I may be necessary to carry out this section title to 2000 acres of real property and may move to suspend the rules and pass the for each of fiscal years 2001 and 2002.’’. accept title to any additional number of bill (H.R. 4068) to make certain tech- SEC. 5. CONFEDERATED TRIBES OF COOS, LOWER acres of real property located in Umpqua nical corrections in laws relating to UMPQUA, AND SIUSLAW INDIANS River watershed upstream from Scottsburg, RESERVATION ACT. Native Americans, and for other pur- Oregon, or the northern slope of the Rogue Section 7(b) of the Coos, Lower Umpqua, River watershed upstream from Agness, Or- poses, as amended. and Siuslaw Restoration Act (25 U.S.C. The Clerk read as follows: egon, if such real property is conveyed or 714e(b)) is amended by adding at the end the otherwise transferred to the United States H.R. 4068 following: by or on behalf of the Tribe. The Secretary Be it enacted by the Senate and House of Rep- ‘‘(4) In Lane County, Oregon, a parcel de- shall take into trust for the benefit of the resentatives of the United States of America in scribed as beginning at the common corner Tribe all real property conveyed or otherwise Congress assembled, to sections 23, 24, 25, and 26 township 18 transferred to the United States pursuant to south, range 12 west, Willamette Meridian; SECTION 1. AUTHORIZATION FOR 99-YEAR this section. Real property taken into trust then west 25 links; then north 2 chains and 50 LEASES. pursuant to this section shall become part of links; then east 25 links to a point on the The second sentence of subsection (a) of the Tribe’s reservation. Real property taken section line between sections 23 and 24; then the first section of the Act entitled ‘‘An Act into trust pursuant to this section shall not south 2 chains and 50 links to the place of or- to authorize the leasing of restricted Indian be considered to have been taken into trust igin, and containing .062 of an acre, more or lands for public, religious, educational, rec- for gaming (as that term is used in the In- less, situated and lying in section 23, town- reational, residential, business, and other dian Gaming Regulatory Act (25 U.S.C. 2701 ship 18 south, range 12 west, of Willamette purposes requiring the grant of long-term et seq.).’’. Meridian.’’. leases’’, approved August 9, 1955 (25 U.S.C. SEC. 10. AMENDMENTS TO THE JICARILLA 415(a)), is amended— SEC. 6. HOOPA VALLEY RESERVATION BOUND- APACHE TRIBE WATER RIGHTS SET- (1) by inserting ‘‘lands held in trust for the ARY ADJUSTMENT. TLEMENT ACT. Confederated Tribes of the Grand Ronde Section 2(b) of the Hoopa Valley Reserva- (a) Section 8(e)(3) of the Jicarilla Apache Community of Oregon,’’ after ‘‘lands held in tion South Boundary Adjustment Act (25 Tribe Water Rights Settlement Act, as trust for the Cahuilla Band of Indians of U.S.C. 1300i–1 note) is amended— amended by Public Law 104–261, is further California,’’; and (1) by striking ‘‘north 72 degrees 30 min- amended by striking ‘‘December 31, 1998’’ and (2) by inserting ‘‘the Cabazon Indian Res- utes east’’ and inserting ‘‘north 73 degrees 50 inserting in lieu thereof ‘‘December 31, 2000’’. ervation,’’ after ‘‘the Navajo Reservation,’’. minutes east’’; and (b) The Jicarilla Apache Tribe Water (2) by striking ‘‘south 15 degrees 59 min- SEC. 2. GRAND RONDE RESERVATION ACT. Rights Settlement Act (Public Law 102–441) utes east’’ and inserting ‘‘south 14 degrees 36 is amended by adding at the end the follow- Section 1(c) of the Act entitled ‘‘An Act to minutes east’’. ing new section: establish a reservation for the Confederated SEC. 7. CLARIFICATION OF SERVICE AREA FOR Tribes of the Grand Ronde Community of Or- ‘‘SEC. 12. APPROVAL OF STIPULATION. CONFEDERATED TRIBES OF SILETZ ‘‘Notwithstanding any other provision of egon, and for other purposes’’, approved Sep- INDIANS OF OREGON. tember 9, 1988 (25 U.S.C. 713f note; 102 Stat. Federal law, including section 2116 of the Re- Section 2 of the Act entitled ‘‘An Act to es- vised Statutes (25 U.S.C. 177), the Stipulation 1594), is amended— tablish a reservation for the Confederated (1) by striking ‘‘10,120.68 acres of land’’ and and Settlement Agreement, dated October 7, Tribes of Siletz Indians of Oregon’’, approved 1997, between the Jicarilla Apache Tribe and inserting ‘‘10,311.60 acres of land’’; and September 4, 1980 (25 U.S.C. 711e note; 94 (2) by striking all in the table after: other parties to State of New Mexico v. Ara- Stat. 1073), is amended by adding at the end gon, No. CIV–7941 JC, U.S. Dist. Ct., D.N.M., ‘‘4 7 30 Lots 3, 4, SW1⁄4NW1⁄4, SE1⁄4NE1⁄4, 240;’’ the following: approved by the United States District Court E1⁄2SW1⁄4 ‘‘(c) Subject to the express limitations in that proceeding, is hereby approved.’’. and inserting the following: under sections 4 and 5, for purposes of deter- mining eligibility for Federal assistance pro- SEC. 11. SAN LUIS REY INDIAN WATER RIGHTS 1 1 SETTLEMENT ACT. ‘‘6 8 1 N ⁄2SW ⁄4 29.59 grams, the service area of the Confederated Section 105(c) of the San Luis Rey Indian Tribes of the Siletz Indians of Oregon shall 6 8 12 W1⁄2SW1⁄4NE1⁄4, 21.70 Water Rights Settlement Act (Public Law 1 1 1 1 include Benton, Clackamas, Lane, Lincoln, SE ⁄4SW ⁄4NE ⁄4NW ⁄4, 100–675; 102 Stat. 4000), as amended by section 1 1 1 Linn, Marion, Multnomah, Polk, Tillamook, N ⁄2SE ⁄4NW ⁄4, 117 of the Department of the Interior and Re- N1⁄2SW1⁄4SW1⁄4SE1⁄4 Washington, and Yamhill Counties in Or- lated Agencies Appropriations Act, 1992 egon.’’. 6 8 13 W1⁄2E1⁄2NW1⁄4NW1⁄4 5.31 (Public Law 102–154; 105 Stat. 1012–1013), is SEC. 8. LOWER SIOUX INDIAN COMMUNITY. amended— 6 7 7 E1⁄2E1⁄2 57.60 Notwithstanding any other provision of (1) by inserting ‘‘(1)’’ before ‘‘Until’’; and law, the Lower Sioux Indian Community in (2) by adding at the end the following new 1 1 1 1 1 6 7 8 SW ⁄4SW ⁄4NW ⁄4, W ⁄2SW ⁄4 22.46 Minnesota is hereby authorized to sell, con- paragraph: vey, and warrant to a buyer, without further ‘‘(2) Notwithstanding paragraph (1), prior 6 7 17 NW1⁄4NW1⁄4, N1⁄2SW1⁄4NW1⁄4 10.84 approval of the United States, all the Com- to completion of the final settlement and as munity’s interest in the following real prop- 6 7 18 E1⁄2NE1⁄4 43.42 soon as feasible, the Secretary is authorized erty located in Redwood County, Minnesota: and directed to disburse a total of $8,000,000, Total 10,311.60’’. A tract of land located in the Northeast of which $1,600,000 will go to each of the SEC. 3. NAVAJO-HOPI LAND DISPUTE SETTLE- Quarter (NE1⁄4) of Section Five (5), Township Bands, from the interest income which has MENT ACT. One Hundred Twelve (112) North, Range Thir- accrued to the Fund. The disbursed funds Section 12 of the Navajo-Hopi Land Dis- ty-five (35) West, County of Redwood and shall be invested or used for economic devel- pute Settlement Act of 1996 (110 Stat. 3653) is State of Minnesota, described as follows: opment of the Bands, the Bands’ reservation amended— Commencing at the north quarter corner of land, and their members and may not be September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8489 used for per capita payments to members of SEC. 14. REPEAL. Mr. Speaker, this is a bill which ad- any Band. The United States shall not be lia- Section 326(d)(1) of Public Law 105–83 is re- dresses several technical changes to ex- ble for any claim or causes of action arising pealed and section 1004(a) of Public Law 104– isting Native American law. These are 324 is amended by inserting ‘‘sale or’’ before from the Bands’ use or expenditure of mon- not exactly glamorous issues: boundary eys distributed from the Fund.’’. ‘‘use’’. changes to Indian reservations, leasing SEC. 12. NATIVE HAWAIIAN HEALTH SCHOLAR- The SPEAKER pro tempore. Pursu- authority for one of the reservations SHIP PROGRAM. ant to the rule, the gentleman from and placing into trust of additional (a) ELIGIBILITY.—Section 10(a)(1) of the Na- Alaska (Mr. YOUNG) and the gentleman land for another Native American tive Hawaiian Health Care Improvement Act from American Samoa (Mr. (42 U.S.C. 11709(a)(1)) is amended by striking tribe. There are some questions con- FALEOMAVAEGA) each will control 20 ‘‘meet the requirements of section 338A of cerning sections 9 and 14 of this legisla- the Public Health Service Act (42 U.S.C. minutes. The Chair recognizes the gentleman tion. It is my understanding that the 2541)’’ and inserting ‘‘meet the requirements amendments being offered by the gen- of paragraphs (1), (3), and (4) of section from Alaska (Mr. YOUNG). tleman from Alaska (Mr. YOUNG) incor- 338A(b) of the Public Health Service Act (42 (Mr. YOUNG of Alaska asked and was U.S.C. 254l(b))’’. given permission to revise and extend porate changes which address the con- (b) TERMS AND CONDITIONS.—Section his remarks.) cerns which have been raised. 10(b)(1) of the Native Hawaiian Health Care Mr. YOUNG of Alaska. Mr. Speaker, I Specifically, Section 9 which con- Improvement Act (42 U.S.C. 11709(b)(1)) is yield myself such time as I may con- cerns 2,000 acres of land of the Cow amended— sume. Creek Band of the Umpqua tribe of In- (1) in subparagraph (A), by inserting ‘‘iden- Mr. Speaker, H.R. 4068 would make dians will prohibit Indian gaming on tified in the Native Hawaiian comprehensive certain technical corrections in laws the land and the prior contents of Sec- health care master plan implemented under tion 14, which would have provided tax section 4’’ after ‘‘health care professional’’; relating to Native Americans. This is (2) by redesignating subparagraphs (B) an extensive bill, and I will be as brief exemption from Federal and State through (D) as subparagraphs (C) through as possible. taxes for certain distribution funds, (E), respectively; It corrects typographical errors in has been deleted. The new Section 14 (3) by inserting after subparagraph (A) the existing laws. It extends the leasing addresses a different native Alaskan following: authority to 99 years for the Confed- problem added by the Senate to Coast ‘‘(B) the primary health services covered erated Tribes of the Grand Ronde Com- Guard legislation and concerning the under the scholarship assistance program munity of Oregon and the Cabazon In- operations of a health clinic. under this section shall be the services in- dian Reservation. It adds 0.062 acres of Again, it is my understanding that cluded under the definition of that term all parties concerned with this provi- under section 12(8);’’; land, the driveway to an Indian ceme- (4) by striking subparagraph (D), as redes- tery, to the Coos, Lower Umpqua and sion support the language contained in ignated, and inserting the following: Siuslaw Tribal Reservation. It adjusts the amendment of the gentleman from ‘‘(D) the obligated service requirement for the bearings provided for the Hoopa Alaska (Mr. YOUNG); and with this bill, each scholarship recipient shall be fulfilled Valley Reservation South Boundary Mr. Speaker, I urge my colleagues to through the full-time clinical or nonclinical Adjustment Act. It expands the service support this legislation. practice of the health profession of the schol- area of the Confederated Tribes of the I again thank the gentlemen from arship recipient, in an order of priority that Alaska and from California. would provide for practice— Siletz Indians. It authorizes the Lower Sioux Indian Community to sell a 13.38 Mr. MILLER of California. Mr. ‘‘(i) first, in any 1 of the 5 Native Hawaiian Speaker, I yield myself such time as I health care systems; and acre parcel of real property which the ‘‘(ii) second, in— tribe owns in fee. It approves the trans- may consume. ‘‘(I) a health professional shortage area or fer of certain water rights pursuant to (Mr. MILLER of California asked and medically underserved area located in the the Jicarilla Apache Tribe Water was given permission to revise and ex- State of Hawaii; or Rights Settlement Act. It amends the tend his remarks.) ‘‘(II) a geographic area or facility that is— Native Hawaiian Health Care Improve- Mr. MILLER of California. Mr. ‘‘(aa) located in the State of Hawaii; and ment Act to define primary health Speaker, I thank the gentleman from ‘‘(bb) has a designation that is similar to a American Samoa (Mr. FALEOMAVAEGA), designation described in subclause (I) made services covered under the scholarship assistance program. and I rise in strong support of this leg- by the Secretary, acting through the Public islation. Health Service;’’; Finally, there is a section in H.R. (5) in subparagraph (E), as redesignated, by 4068 which authorizes the disbursement Mr. Speaker. Section 11 of H.R. 4068 au- striking the period and inserting a comma; of certain interest income pursuant to thorizes a one-time disbursement of and the San Luis Rey Indian Water Rights $8,000,000 in interest accrued on the Tribal (6) by adding at the end the following: Settlement Act. The Committee on Re- Development Fund established for the La ‘‘(F) the obligated service of a scholarship sources is concerned about the delay of Jolla, Rincon, San Pasqual, Pauma and Pala recipient shall not be performed by the re- Bands of Mission Indians pursuant to section cipient through membership in the National the implementation of that act. In conclusion, Mr. Speaker, H.R. 4068 105 of the San Luis Rey Indian Water Rights Health Service Corps; and Settlement Act of 1988 (P.L. 100±575, 102 ‘‘(G) the requirements of sections 331 is an important bill for numbers of In- through 338 of the Public Health Service Act dian tribes. It does not pertain to many Stat. 4000). Each band would receive (42 U.S.C. 254d through 254k), section 338C of acres of land, but it does solve a lot of $1,600,000 for investment and economic de- that Act (42 U.S.C. 254m), other than sub- problems that have not been able to be velopment purposes. None of the money could section (b)(5) of that section, and section solved, and I urge the passage of the be used for per capita payments to Band 338D of that Act (42 U.S.C. 254n) applicable to legislation. member. The section further provides that the scholarship assistance provided under sec- Mr. Speaker, I reserve the balance of United States would be exempt from any liabil- tion 338A of that Act (42 U.S.C. 254l) shall not my time. ity with regard to any Band's use of the funds apply to the scholarship assistance provided after the disbursement. under subsection (a) of this section.’’. Mr. MILLER of California. Mr. Speaker, I yield such time as he may Full implementation of the San Luis Rey In- SEC. 13. MISCELLANEOUS TECHNICAL CORREC- TIONS. consume to the gentleman from Amer- dian Water Rights Settlement Act is condi- (a) AUTHORIZATION.—Section 711(h) of the ican Samoa (Mr. FALEOMAVAEGA). tioned on the acquisition by the United States Indian Health Care Improvement Act (25 (Mr. FALEOMAVAEGA asked and of a source of 16,000 acre-feet of supple- U.S.C. 1665j(h)) is amended by striking ‘‘of was given permission to revise and ex- mental water for the Bands. However, in the the fiscal years’’ and inserting ‘‘of fiscal tend his remarks.) decade since enactment of the settlement, no years’’. Mr. FALEOMAVAEGA. Mr. Speaker, source of supplemental water has been se- (b) REFERENCE.—Section 4(12)(B) of the Na- certainly I want to thank the gen- cured, despite good faith efforts by all of the tive American Housing Assistance and Self- tleman from Alaska (Mr. YOUNG), the settlement parties. This delay in securing a Determination Act of 1996 (25 U.S.C. chairman of the Committee on Re- 4103(12)(B)) is amended by striking ‘‘Indian water supply has been years longer than what Self-Determination and Education Assist- sources; and the senior democratic the Congress and the settlement parties antici- ance Act of 1975’’ and inserting ‘‘Indian Self- ranking member, the gentleman from pated when the settlement was enacted. Determination and Education Assistance Act California (Mr. MILLER), for bringing The delay in implementing the settlement (25 U.S.C. 450 et seq.)’’. this legislation to the floor. has adversely affected the five Bands. While H8490 CONGRESSIONAL RECORD — HOUSE September 23, 1998 the non-Indian communities of Vista and Es- amend a section of, and add a new section to, The delays to date have not been the fault condido have continued to enjoy the use of the 1992 Jicarilla Apache Tribe Water Rights of the Jicarilla Apache Tribe. Indeed, the Tribe low-cost, local water to which the Bands have Settlement Act (Act of October 23, 1992, Pub. has acted in good faith to fulfill the require- a claim, the Bands have had the benefit of L. No. 102±441, 106 Stat. 2237) (``Settlement ments of the Settlement Act. Therefore, the neither water nor funding for economic devel- Act''). Tribe should not be penalized with the loss of opment as provided for by the settlement. By the terms of the Settlement Act, the six million dollars, which could potentially jeop- Under these circumstances, the House Com- Jicarilla Apache Tribe may nor access its ``fu- ardize the entire settlement. There is no justifi- mittee on Resources has found that the ture use'' water or a six million dollar water re- able reason to allow the statutory deadline to Bands' request for a one-time, partial dis- sources development fund until two partial expire without an extension, especially when bursement of interest earned on the Develop- final decrees have been entered, adjudicating final settlement is so near. The Department of ment Fund that was establishment for their the Tribe's historic and existing water rights in the Interior supports this extension, and the benefit is reasonable and appropriate. The two stream system in New Mexico. The cur- amendment to sanction the settlement be- other settlement parties, including the Depart- rent statutory deadline for entry of these two tween the Tribe and the acequias, because ment of the Interior, have informed the Com- decrees is December 31, 1998. See Pub. L. the Administration believes, as I do, that set- mittee of their support for the Band's request. No. 104±261 § 2, 110 Stat. 3176 (1996). If the tlement is in the best interest of all water The San Luis Rey Tribal Development Fund deadline is not met, these monies, which have users in these two basins in New Mexico. was capitalized with approximately already been appropriated, will be returned to Mr. YOUNG of Alaska. Mr. Speaker, I $32,000,000 appropriated by the Congress in the general treasury. have no requests for time, and I yield 1989 by Public Law 101±121. The Fund has One amendment outlined in Section 10(b) of back the balance of my time. since grown to more than $52,000,000. With H.R. 4068 would add a new section 12 to the Mr. MILLER of California. Mr. the distribution authorized by this section, the Settlement Act to provide Congressional ap- Speaker, I, too, yield back the balance Fund will retain a balance of more than proval of an October 7, 1997, Stipulation and of my time. $44,000,000, which will continue to accrue in- Settlement Agreement between the Jicarilla The SPEAKER pro tempore. The terest and remain an incentive to the Bands to Apache Tribe, the AssociacioÂn de AceÂquias question is on the motion offered by see the settlement through to full and final im- NortenÄas de Rio Arriba, and certain other par- the gentleman from Alaska (Mr. plementation. ties to the Rio Chama general stream adju- YOUNG) that the House suspend the The Committee on Resources expects that dication, State of New Mexico ex rel. State rules and pass the bill, H.R. 4068, as the factors that have prolonged fulfillment of Engineer v. Aragon, No. CIV±7941 JC. This amended. the requirements of the settlement will not per- settlement agreement has been approved by The question was taken; and (two- sist indefinitely. Accordingly, the Committee the Federal district court, but the parties to the thirds having voted in favor thereof) urges the Secretary to use the full measure of agreement are seeking Congressional ap- the rules were suspended and the bill, his authority to secure the acquisition of the proval as an extra measure. as amended, was passed. supplemental water supply required by the This settlement agreement provides for the A motion to reconsider was laid on Settlement Act at a cost that will enable its ec- future transfer of certain water rights from the the table. Â onomical use for the benefit of the Bands and Tribe to the Acequias NortenÄas. These water f the complete implementation of the San Luis rights were perfected under state law prior to Rey Indian Water Rights Settlement. the Tribe's acquisition of a ranch from private GENERAL LEAVE The Committee on Resources recognizes parties in the 1980s. That land was pro- Mr. YOUNG of Alaska. Mr. Speaker, I that the Act's dual command that the Depart- claimed part of the Tribe's reservation in 1988. ask unanimous consent that all Mem- ment arrange to obtain or develop not more This agreement does not alter significantly the bers have 5 legislative days to revise than 16,000 acre feet per year of supple- water rights the Tribe will receive under the and extend remarks and include extra- mental water, without bearing any develop- Settlement Act, but still provides a fair and neous material on H.R. 4068, the bill ment costs, has been a major impediment to reasonable settlement of the concerns ex- just passed. finalizing the settlement. Nevertheless, the pressed by the AceÂquias NortenÄas. Because The SPEAKER pro tempore. Is there Committee does not agree that these require- the Tribe was able to settle its differences with objection to the request of the gen- ments support an interpretation of the Act that these and other acequias in the basin, there tleman from Alaska? the Tribal Development Trust Fund, which was was no need for a trial on any of the objec- There was no objection. established for the exclusive use of the Indian tions filed to the Tribe's proposed Rio Chama f Water Authority on behalf of the Bands, is an decree. This decree was approved by the appropriate source of funds to finance the de- Federal district court on April 6, 1998. SENSE OF THE HOUSE WITH RE- livery of water to the Bands. However, for a host of reasons entirely out- SPECT TO IMPORTANCE OF DIP- Section 107(b)(4) of the Settlement Act side of the Jicarilla Apache Tribe's control, the LOMATIC RELATIONS WITH PA- states that all funds of the Indian Water Au- other decree required by the Settlement Act, CIFIC ISLAND NATIONS thority that are not required for administrative which confirms the Tribe's water rights in the Mr. GILMAN. Mr. Speaker, I move to or operational expenses of the Authority or to San Juan River general stream adjudication, suspend the rules and agree to the reso- fulfill obligations of the Authority (emphasis State of New Mexico v. United States of lution (H. Res. 505) expressing the sense added) under the title, the Act or any other America, et al., v. Jicarilla Apache Tribe, No. of the House of Representatives with agreement entered into by the Authority, shall 75±184±1 (11th Jud. Dist. NM), has taken far respect to the importance of diplo- be invested or used for economic develop- longer to complete than either the United matic relations with the Pacific Island ment of the Bands, the Bands' reservation States Departments of Justice and Interior or Nations. lands, and their members. The Act places the the Jicarilla Apache Tribe had anticipated. For The Clerk read as follows: obligation to arrange for the development and this reason, an additional amendment to the delivery water for the Bands squarely on the Settlement Act, outlined in H.R. 4068, is nec- H. RES. 505 Secretary, not on the Bands. To suggest that essary. Whereas the South Pacific region covers an the Tribal Development Trust Fund should be Section 10(a) of H.R. 4068 authorizes a immense area of the earth, approximately 3 times the size of the contiguous United used to acquire or deliver water to the Bands two-year extension of the 1998 statutory dead- States; is to suggest that the Bands use their own line by which this last decree must be entered Whereas the United States seeks to main- money to fulfill the Secretary's obligation to in the San Juan River adjudication. The par- tain strong and enduring economic, political, them. This suggestion is inconsistent with the ties are well along in the litigation, and the and strategic ties with the Pacific island content of the Act. If additional authority or United States, the State, and the Tribe are ac- countries of the region, despite the reduced funding is needed to carry out the intent of the tively trying to negotiate a resolution to the ob- diplomatic presence of the United States in Act, then the Department should consider sub- jections that have been filed to the decree. the region since World War II; mitting an appropriate request to the Con- This is the final hurdle to conclude implemen- Whereas Pacific island nations wield con- trol over vast tracts of the ocean, including gress. tation of the Settlement Act, and although the seabed minerals, fishing rights, and other Mr. REDMOND. Mr. Speaker, H.R. 4068, parties are close to conclusion, there is no marine resources which will play a major the Native American technical corrections bill, way for the Tribe to know whether the court role in the future of the global economy; contains two important amendments in Section will actually enter the decree before the De- Whereas access to these valuable resources 10 of the bill. Section 10 of H.R. 4068 would cember 31st deadline. will be vital in maintaining the position of September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8491 the United States as the leading world power resolution. H. Res. 505 expresses the cans to preserve peace and nurture de- in the new millennium; sense of the House that the importance mocracy in the Pacific region. Whereas Asian countries have already rec- of relations with the Pacific Island Na- The people of the Marshall Islands, in ognized the important role that these Pacific tions be emphasized. Our Nation has a particular, have made tremendous sac- island nations will play in the future of the global economy, as evidenced by the Tokyo long history of friendship and impor- rifices which have greatly contributed summit meeting in October 1997 with various tant alliances with many of the small to America’s nuclear deterrence. Dur- Pacific island heads of state; island nations in the South Pacific. ing the 1940s and the 1950s the home- Whereas the Pacific has long been regarded Their overwhelming support at the lands and the Marshallese people were as one of the ‘‘last frontiers’’, with an enor- United Nations for U.S. initiatives and subjected to some 67 U.S. nuclear tests, mous wealth of uncultivated resources; and the strategic access we are given to an ordeal from which they are still Whereas direct United States participation their waters and ports have not gone struggling to recover. in the human and natural resource develop- unnoticed by this committee. Their ment of the South Pacific region would pro- b 1530 mote beneficial ties with these Pacific island many sacrifices during the Second World War and the aftereffects in nu- The contributions of Pacific islanders nations and increase the possibilities of ac- have truly enhanced American security cess to the region’s valuable resources: Now, clear testing created the foundation therefore, be it that insured world peace. and stability. Today, a half century Resolved, That it is the sense of the House Accordingly, Mr. Speaker, I support later, Mr. Speaker, we should not for- of Representatives that— the gentlemen’s resolution, and I urge get our commitment to our friends in (1) it is in the national interest of the my colleagues to support H. Res. 505. this part of the world. United States to remain actively engaged in Mr. Speaker, I reserve the balance of The Pacific Ocean covers one-third of the South Pacific region as a means of sup- my time. the earth’s surface, and spanning it are porting important United States commercial the 7,500 islands which comprise the 22 and strategic interests, and to encourage the Mr. FALEOMAVAEGA. Mr. Speaker, consolidation of democratic values; I yield myself such time as I may con- Pacific island nations and territories. (2) a Pacific island summit, hosted by the sume. Mr. Speaker, while budgetary cut- President of the United States with the Pa- (Mr. FALEOMAVAEGA asked and backs have resulted in a reduced U.S. cific island heads of government, would be an was given permission to revise and ex- diplomatic presence in the region, our excellent opportunity for the United States tend his remarks.) Nation continues to have substantial to foster and improve diplomatic relations Mr. FALEOMAVAEGA. Mr. Speaker, interests in the Pacific, whether that with the Pacific island nations; I rise today in strong support of House be in areas of investment and trade, (3) through diplomacy and participation in Resolution 505. I introduced this reso- strategic and regional security, demo- the human and natural resource develop- cratic government and human rights, ment of the Pacific region, the United States lution in July to recognize the impor- will increase the possibility of gaining access tance of diplomatic relations between or protection of the environment. to valuable resources, thus strengthening the United States and the Pacific Is- In particular, with the advent of the the position of the United States as a world land Nations. Law of the Sea Conference and increas- power economically and strategically in the I am deeply appreciative of the ef- ing international enforcement of exclu- new millennium; and forts of the chairman and ranking sive economic zones, the Pacific island (4) the United States should fulfill its long- Democratic Member of the House Com- governments wield control over vast standing commitment to the democratiza- mittee on International Relations, the tracks of the entire Pacific Ocean. The tion and economic prosperity of the Pacific millions of square miles of the Pacific island nations by promoting their earliest gentleman from New York (Mr. GIL- integration in the mainstream of bilateral, MAN) and the gentleman from Indiana Ocean under the jurisdiction of island regional, and global commerce and trade. (Mr. HAMILTON), for supporting House nations encompass productive fish- The SPEAKER pro tempore. Pursu- Resolution 505 as original cosponsors eries, undersea minerals, and impor- ant to the rule, the gentleman from and for passage of the measure before tant sea lanes, increasingly vital assets New York (Mr. GILMAN) and the gen- the full committee. in the future of a global economy. tleman from American Samoa (Mr. Mr. Speaker, I would also thank the For example, Mr. Speaker, some of FALEOMAVAEGA) each will control 20 chairman and ranking Democratic the world’s richest and most diverse minutes. members of the Committee on Inter- fishing grounds are found in the Pacific The Chair recognizes the gentleman national Relations’ Subcommittee on region, where the United States nets from New York (Mr. GILMAN). Asia and the Pacific, the gentleman the bulk of tuna consumed by our fel- GENERAL LEAVE from Nebraska (Mr. BEREUTER) and the low Americans. I would note that much Mr. GILMAN. Mr. Speaker, I ask gentleman from California (Mr. BER- of that tuna is processed in canneries unanimous consent that all Members MAN), as well as our esteemed col- in my own district in American Samoa. may have 5 legislative days within leagues in the full committee, the gen- On the ocean floor by Papua New which to revise and extend their re- tleman from New Jersey (Mr. SMITH), Guinea, Fiji and Tonga lie seabed min- marks on this measure. the gentleman from California (Mr. eral deposits and undersea nodules con- The SPEAKER pro tempore. Is there LANTOS) and the gentleman from Flor- taining valuable minerals such as man- objection to the request of the gen- ida (Mr. HASTINGS) for joining us as ganese, cobalt, nickel, copper, silver tleman from New York? original cosponsors of House Resolu- and gold. The EEZ waters of the There was no objection. tion 505. sparsely populated Cook Islands alone Mr. GILMAN. Mr. Speaker, I yield Mr. Speaker, my thanks also go to are projected to contain at least $150 myself such time as I may consume. the gentlewoman from Hawaii (Mrs. billion of sea bed nodules. (Mr. GILMAN asked and was given MINK), the gentleman from Guam (Mr. The lesson has not been lost on Asian permission to revise and extend his re- UNDERWOOD), the gentleman from Ha- nations that have invested in the re- marks.) waii (Mr. ABERCROMBIE), the gentleman gion, Mr. Speaker, including China, Mr. GILMAN. Mr. Speaker, I want to from California (Mr. MATSUI) and the South Korea, and, in particular, Japan. commend the gentleman from Amer- gentleman from California (Mr. KIM) Last October, then Prime Minister ican Samoa (Mr. FALEOMAVAEGA) for for their support of this resolution. Hashimoto of Japan hosted a Tokyo introducing this important resolution, Mr. Speaker, the United States has summit meeting with Pacific island and I want to commend the Chairman had a long and extraordinarily deep re- heads of government. No doubt, Japan and ranking minority member of the lationship with our allies and friends of is making a long term investment and Subcommittee on Asia and the Pacific, the Pacific Islands. One need only men- an economic investment for the 21st the gentleman from Nebraska (Mr. BE- tion the names of Guadalcanal, Mid- Century. REUTER) and the gentleman from Cali- way, Wake Island, Guam and Saipan to Mr. Speaker, House Resolution 505 fornia (Mr. BERMAN), for the role they recall the critical battles waged in the sends the message that it is important played in crafting this resolution. Pacific during World War II. In that for the United States to cultivate dip- Mr. Speaker, it is important that the terrible conflict and during the Cold lomatic relations today with the Pa- House has the opportunity to express War, our Pacific Island allies have cific island nations to foster strong its support for the concepts within the fought and worked alongside Ameri- economic ties tomorrow, and this will H8492 CONGRESSIONAL RECORD — HOUSE September 23, 1998 directly facilitate access to the re- the tremendous importance of the Pa- Similarly, there is an enormous poten- gion’s valuable marine resources in the cific island region and calling for U.S. tial to exploit the vast mineral wealth next millennium. For economic as well participation and, in fact, leadership of the Pacific for the benefit of the as strategic reasons, the United States for a Pacific Island Summit. globe and for the benefit of these Pa- should not permit others to step into This resolution was introduced in cific island nations and their people. the vacuum created by the lack of a July, as you heard, by the distin- House Resolution 505 also rec- strong U.S. policy and presence in the guished gentleman from American ommends that the United States host a Pacific region. Samoa (Mr. FALEOMAVAEGA). It is co- Pacific Island Summit as a means of Mr. Speaker, in furtherance of that sponsored in original cosponsorship by highlighting the myriad of bilateral- goal, House Resolution 505 strongly the chairman and ranking member of multilateral issues of the region. This urges that the President of the United the full committee, the gentleman Member believes that is a very impor- States host a summit meeting with the from New York (Mr. GILMAN) and the tant element of this resolution, and Pacific island Heads of State and Gov- gentleman from Indiana (Mr. HAMIL- suggests indeed, as my colleague has ernments to improve diplomatic rela- TON) as well as the gentleman from suggested and I reiterate, that a sum- tions with the Pacific island nations. California (Mr. BERMAN), the ranking mit is an excellent proposal. Such a I would humbly suggest the perfect member of the subcommittee I chair, summit probably could be scheduled opportunity to conduct the Pacific Is- and myself, along with other distin- with little difficulty in concert with land Summit would be upon the Presi- guished members of our subcommittee the annual meeting of the Asia-Pacific dent’s return from the APEC meeting and the full committee. Economic Community, APEC, perhaps, scheduled for November 1999 in Wel- Mr. Speaker, we unanimously ap- as the gentleman suggests, and I agree, lington, New Zealand. Since it is appro- proved of in the subcommittee this res- at the East-West Center in Hawaii. priate that the summit meeting take olution on September 9th, and the full This Member would urge the adminis- place in the Pacific, I suggest the East- Committee on International Relations tration to consider and act upon such a West Center in Hawaii provides the followed suit the following day, Sep- proposal. ideal forum. Since its formation in tember 10th. Lastly, I would note that the resolu- 1960, the East-West Center has been the This Member would congratulate par- tion’s author has worked construc- region’s most respected institution for ticularly the distinguished gentleman tively with the majority, with his col- furthering U.S. relations with the from American Samoa for introducing leagues in the minority and with the Asian-Pacific region. this timely and important resolution. administration to ensure that there are Before concluding, Mr. Speaker, I He is rightly recognized throughout no unnecessary differentials in this res- would note that an identical counter- this body for his commitment and sup- olution. By making this effort, the gen- part to House Resolution 505 has been port for the Pacific islands, and today’s tleman has permitted this body to introduced this month in the Senate by resolution certainly reflects that com- speak with one voice on this important my good friend and distinguished Sen- mitment. issue. ator from Hawaii, Senator DANIEL Mr. Speaker, while the Pacific island Therefore, I urge our colleagues to INOUYE. Senator INOUYE’s measure, nations are a vast and important re- support H. Res. 505, and I thank the Senate Resolution 277, has been co- gion with enormous potential, it is gentleman from American Samoa (Mr. sponsored by Senators DAN AKAKA, TED nonetheless true that it has recently FALEOMAVAEGA) for his initiative. STEVENS, ORRIN HATCH, ROBERT BYRD, largely escaped international atten- Mr. GILMAN. Mr. Speaker, I have no CRAIG THOMAS, ERNEST HOLLINGS, WIL- tion. Of late, international attention further requests for time, and I yield LIAM ROTH, WENDELL FORD, BARBARA has been focused on the political and back the balance of my time. BOXER, FRANK MURKOWSKI and JEFF social unrest in other parts of Asia, to- Mr. FALEOMAVAEGA. Mr. Speaker, SESSIONS, and is before the Senate For- gether with the financial crisis and nu- I yield three minutes to the distin- eign Relations Committee now. I thank clear and missile proliferation. The guished gentleman from California and commend Senator INOUYE, who has gentleman from American Samoa is to (Mr. LANTOS). long demonstrated commitment and be commended for reminding this body Mr. LANTOS. Mr. Speaker, let me unmatched leadership in the affairs of that the Pacific islands are economi- first identify myself with the com- the Pacific region. cally and diplomatically important to ments of the distinguished gentleman Mr. Speaker, I would urge that our the United States, and we ignore them from Nebraska (Mr. BEREUTER), the colleagues support adoption of House to our detriment. chairman of the subcommittee, and my Resolution 505 as it is in the national In the years since the end of the Sec- good friend and colleague from Amer- interest of the United States that we ond World War, the United States pol- ican Samoa. preserve strong and enduring eco- icy toward the Pacific islands has been The purpose of my rising is to com- nomic, political and strategic ties with dominated by military and security mend the gentleman from American the Pacific island nations. considerations. Certainly the deep Samoa (Mr. FALEOMAVAEGA), not only America cannot afford to neglect our water port facilities, the missile test for his leadership on this issue, but on friends in the Pacific. Adoption of this ranges and the jungle training facili- a wide range of issues in the jurisdic- resolution and the holding of a Pacific ties offered by the Pacific islands were tion of the Committee on International Island Summit will ensure that we do essential considerations during the Relations. The gentleman has not re- not, and that our allies understand Cold War. But the legislation before stricted his expertise to this most im- that the United States intends to re- this body today expands the focus be- portant region. His contributions to main firmly engaged in the Pacific re- yond the security arena, correctly ad- the work of our committee have ex- gion for our mutual benefit. dressing economic issues, the environ- tended across the globe. Mr. Speaker, I urge my colleagues to ment and political cooperation. But I think it is particularly appro- support and adopt this resolution. It is, I think, self-evident in this Na- priate that the gentleman has taken Mr. Speaker, I reserve the balance of tion’s interest to pursue such a broad the lead on this issue. His idea of hold- my time. agenda with these small nations of the ing a summit at the East-West Center Mr. GILMAN. Mr. Speaker, I am Pacific. Endowed with vast natural re- following the APEC meeting at Wel- pleased to yield such time as he may sources, this ocean continent of islands lington, New Zealand, is an excellent consume to the gentleman from Ne- is poised to make valuable contribu- one, and I strongly urge all of my col- braska (Mr. BEREUTER), the distin- tions to the global economy. U.S. fish- leagues to support this legislation. I guished chairman of the Subcommittee ing companies already enjoy fishing also call on the administration to take on Asia and the Pacific. rights in certain waters controlled by the necessary steps to implement the Mr. BEREUTER. Mr. Speaker, I want these nations, and improved diplomatic gentleman’s idea. to first thank the chairman for yield- ties would increase the potential for Mr. FALEOMAVAEGA. Mr. Speaker, ing me this time. the United States to further benefit I yield five minutes to the distin- Mr. Speaker, I rise in strong support from the Pacific’s wealth of resources, guished gentleman from Guam (Mr. of H. Res. 505, a resolution recognizing as well as benefiting those nations. UNDERWOOD). September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8493 Mr. UNDERWOOD. Mr. Speaker, I as well. It is also significant that in Mr. FALEOMAVAEGA. Mr. Speaker, thank my colleague from American this, the International Year of the I have no further requests for time, and Samoa, my fellow islander, for yielding Ocean, we must also mean that it must I yield back the balance of my time. me time. be the International Year of the Is- Mr. GILMAN. Mr. Speaker, I yield Mr. Speaker, I, too, want to associate lands in those oceans, and those islands back the balance of my time. myself with all of the remarks pre- whose cooperation is vitally necessary The SPEAKER pro tempore (Mr. MIL- viously made by the gentleman from for the development and cultivation of LER of Florida). The question is on the Nebraska (Mr. BEREUTER), as well as ocean resources in an environmentally motion offered by the gentleman from the gentleman from California (Mr. sound manner, while making sure that New York (Mr. GILMAN) that the House LANTOS), and also extend my personal the islanders profit from those re- suspend the rules and agree to the reso- congratulations to my friend the gen- sources. lution, House Resolution 505. tleman from American Samoa (Mr. The question was taken. This is a very timely, a very nec- Mr. FALEOMAVAEGA. Mr. Speaker, FALEOMAVAEGA) for this very impor- essary resolution, and I urge its adop- I object to the vote on the ground that tant and timely resolution. I want to tion. a quorum is not present and make the point out to the body that the gen- Mr. FALEOMAVAEGA. Mr. Speaker, point of order that a quorum is not tleman personally made this sugges- I yield myself such time as I may con- present. tion to the President in a recent meet- sume. The SPEAKER pro tempore. Pursu- ing about having a Pacific summit that Mr. Speaker, I would really like to ant to clause 5 of rule I and the Chair’s would be in concert with the APEC express my appreciation to the gen- prior announcement, further proceed- summit, and it was very well received, tleman from California (Mr. LANTOS), ings on this motion will be postponed. and I am hopeful that the administra- and my good friend, the gentleman The point of no quorum is considered tion will heed his request and that we from Guam (Mr. UNDERWOOD), my fel- withdrawn. will see this summit come to fruition low Pacific Islander, for their elo- f in the future. quence. Mr. Speaker, on Guam, we share the SENSE OF CONGRESS CONDEMN- I know this is probably the last piece ING ATROCITIES BY SERBIAN Pacific Ocean with island nations like of legislation that we will be working Palau and Vanuatu and many of the POLICE AND MILITARY FORCES on as far as the Committee on Inter- AGAINST ALBANIANS IN KOSOVA nations that are referred to and are national Relations Subcommittee on being considered under this resolution, Asia and the Pacific is concerned, but I Mr. GILMAN. Mr. Speaker, I move to and we also share many of the same certainly would like to offer my high- suspend the rules and agree to the con- values and cultural traits which al- est commendation to the gentleman current resolution (H. Con. Res. 315) ex- ready enhance our significant bonds. from Nebraska (Mr. BEREUTER), the pressing the sense of the Congress con- Our geographical and our cultural chairman of the subcommittee, not demning the atrocities by Serbian po- proximity with other Pacific island na- only for his keen insight, but the tre- lice and military forces against Alba- tions gives Guam the opportunity to mendous eloquence of his statement, nians in Kosova and urging that facilitate cultural, educational and which really, I could not have stated blocked assets of the Federal Republic economic exchanges with our Pacific better, his full understanding and of Yugoslavia (Serbia and Montenegro) neighbors. knowledge of what is happening there under the control of the United States and other governments be used to com- The United States already meets in the Pacific region. pensate the Albanians in Kosova for with Pacific island nations through I really, really want to thank and losses suffered through Serbian police such organizations as the South Pacific commend him for his assistance, for his Forum, Pacific Economic Cooperation and military action, as amended. help, not only as a friend, but for his The Clerk read as follows: Council and the United Nations, but, as tremendous leadership that has been H. CON. RES. 315 we enter the next millennium, I cer- demonstrated as chairman of the Sub- tainly encourage the United States to Whereas the ethnic Albanian population of committee on Asia and the Pacific, and the province of Kosova, which makes up the continue and in fact intensify its diplo- of course my good friend, the gen- matic and economic engagement. overwhelming majority of the population of tleman from New York (Mr. GILMAN). that area, has been denied internationally H. Res. 505 calls for this type of co- Mrs. MINK of Hawaii. Mr. Speaker, I rise in recognized human rights and political rights, operation, and specifically calls for a strong support of H. Res. 505. including the protection of life, freedom of Pacific summit. A Pacific summit speech, freedom of assembly, and freedom of The South Pacific was one of the major the- would be a prodigious opportunity for the press; the United States to dialogue with the aters of World War II. During that time, the Whereas Serbian police and military forces leaders of nations which control vast United States and the island nations of the have engaged in brutal suppression of the Al- marine resources, from fishing rights Pacific established strong bonds that endure banian people, and the number of Serbian po- to sea bed minerals. even after the passage of over half a century. lice and military forces which have been de- Yet, while the United States has developed ployed in Kosova is estimated at some 50,000 The passage of H. Res. 505 is an indi- men; cation that we are committed to our and maintained a strong economic, political, and strategic interest or presence in the Pa- Whereas human rights groups have re- friends in the Pacific. As has been ported and documented instances of Serbian pointed out, the Pacific island nations cific, the same cannot be said of the United forces conducting abductions and summary are sometimes ignored in the process of States diplomatic presence in the region, executions of innocent ethnic Albanian civil- even discussing the Pacific Ocean and which has diminished considerably over the ians in reprisal killings that are similar to the Asian-Pacific region. Sometimes in decades. This resolution expresses the sense those conducted by Nazi forces during World those discussions we are really talking of Congress that the United States should War II and are similar to the ethnic cleans- ing which was carried out by ethnic Serbian about the Pacific rim nations. strengthen its diplomatic presence with the Pacific island nations. troops in Bosnia; I always like to tell people it is like Whereas Serbian forces have indiscrimi- a big donut, and we are always con- This resolution, by encouraging a greater nately shelled and burned villages, reducing cerned about the rim nations and we U.S. diplomatic presence in the Pacific, recog- them to rubble, in order to drive out the eth- forget that it is the hole in the middle nizes that while the United States should pro- nic Albanian inhabitants, inflicting heavy that makes the donut, and it is the Pa- mote and support its commercial and strategic material losses upon the ethnic Albanians in cific basin and it is all those tiny little interests by encouraging Pacific island nations Kosova; islands and tiny little nations which to become more fully integrated into the re- Whereas hundreds of ethnic Albanians, in- cluding women and children, have been really are sitting on top of a vast vari- gional and global economy, it is equally impor- tant that such integration be accompanied by killed and over 200,000 ethnic Albanians have ety of resources which need attention. been forced to flee and have become refugees the promotion and consolidation of human b 1545 as a result of this Serbian military action; rights and democratic values. And, these Whereas the stubborn denial of human Not only are they economically im- broader developments can better be realized rights and political rights to the ethnic Al- portant, but certainly they also have by reestablishing America's diplomatic pres- banian majority in Kosova by the Govern- strategic and diplomatic importance, ence in the South Pacific. ment of Serbia has been the major factor in H8494 CONGRESSIONAL RECORD — HOUSE September 23, 1998 the radicalization of the political situation (Mr. GILMAN asked and was given Mr. Speaker, let me first express my in the province and made the prospects of a permission to revise and extend his re- thanks and respect to the gentleman peaceful resolution of the conflict there dif- marks.) from New York (Mr. GILMAN), the ficult if not impossible; Mr. GILMAN. Mr. Speaker, this reso- chairman of our committee, for his Whereas the dissolution of the Socialist Federal Republic of Yugoslavia (SFRY) re- lution, House Concurrent Resolution strong support of this long overdue sulted in 5 independent states and the owner- 315, expresses the well-founded view measure. ship of the blocked assets of the SFRY has that Serbia is responsible for the may- If I may, Mr. Speaker, I would like to yet to be determined and apportioned among hem that police and military personnel put this whole resolution in some his- the successor states; and have inflicted upon the unfortunate toric context. Kosova, an Albanian Whereas the United States and the govern- people of Kosova, and that Serbia province of Serbia, was a relatively ments of other countries have blocked the should be held financially responsible peaceful, poor place until 1989. In 1989, assets of the Federal Republic of Yugoslavia for the damages done to their homes without the slightest provocation, Mr. (Serbia and Montenegro) as part of the blocked assets of the SFRY: Now, therefore, and other property of the Albanian Milosevic destroyed whatever modicum be it citizens of Kosova. of autonomy the people of Kosova had Resolved by the House of Representatives (the I commend the distinguished gen- and created of 1,800,000 Albanian ethnic Senate concurring), That the Congress— tleman from California (Mr. LANTOS), a Kosovars colonial subjects within their (1) deeply deplores and strongly condemns senior member of our committee, for own country. the appalling loss of life and the extensive introducing this measure. I am pleased I visited Kosova many times during destruction of property in Kosova that is the to be listed as an original cosponsor. the last decade. It is, without any ques- consequence of the brutal actions of Serbian This resolution calls for our Presi- tion, Europe’s poorest region. It is the police and military forces against the ethnic dent to work with the Congress to de- only region, Mr. Speaker, where you Albanian population of the province; (2) believes that the Government of Serbia velop laws and regulations that would can meet a young man or a young is primarily responsible for the loss of life make it possible to utilize the Serbian woman in their twenties having only and destruction of property, and thus Serbia blocked assets here in our Nation one or two or three teeth, because should bear the principal burden of providing under the control of our government there are no dental services available. compensation for the loss of life and for the for the purpose of providing restitution The grinding poverty of the Albanian costs of rebuilding areas which its forces to those who have suffered property ethnic population of Kosova is pitiful have devastated; losses as a result of the conflict in and heartrending. (3) urges the President and officials he des- Kosova. The people of Kosova have been for- ignates to work with the Congress to draft legislation and regulations which will permit While we recognize that there may be tunate to have reasonable, moderate, the claims of ethnic Albanians from Kosova other claimants to these assets, we peace-loving leadership in the person of who have suffered as a consequence of the want to put the House on record that Dr. Ibrahim Rugova, a scholar of great brutal actions of Serbian police and military Serbia is financially accountable for distinction. But he could not get any- forces in Kosova to be considered, without the damages that its police and mili- place with the dictatorial regime of prejudice to the claims of United States na- tary have caused through unrestrained Milosevic, and gradually an extremist tionals, when claims settlement negotiations use of force and willful destruction of element emerged within the Albanian involving the assets of the Federal Republic housing and other property belonging population which started military ac- of Yugoslavia (Serbia and Montenegro) which the United States has blocked or as- to members of the Albanian commu- tivities. serted control over takes place; nity in Kosova. In response to this, the Serbian army (4) urges that, in drafting such legislation Just last week I called upon the not only crushed this military upris- and implementing regulations, special con- President to mobilize NATO to issue an ing, but caused over 250,000 civilians, sideration be given to the circumstances of ultimatum to Milosevic to permit the men, women, children, old folks, to the Government of the Republic of Montene- hundreds of thousands of displaced peo- leave their poor villages, many of them gro and to persons located in and organized ple in Kosova to return to their homes by now destroyed. As we speak, Mr. under the laws of the Republic of Montene- in safety, and to permit unimpeded ac- Speaker, over 50,000 civilian Kosovars gro; cess for humanitarian assistance for are hiding in the mountains, and last (5) urges the President and the Secretary of State to urge all other countries to follow these people. week the first snow fell in Kosova. a policy which permits ethnic Albanians who Winter comes early to Kosova. We My resolution calls for two things. It have suffered as a consequence of the brutal can no longer play for time for other calls for the Congress to denounce the actions of Serbian police and military forces forms of diplomacy to take effect. brutal and inhumane activities of Ser- in Kosova to make claims against the assets Milosevic is completely untrustworthy, bian military and paramilitary and po- of the Federal Republic of Yugoslavia (Ser- and the lives of more than 250,000 peo- lice forces against the civilian popu- bia and Montenegro) which are in the control ple in Kosova now hang on the credibil- lation of Kosova; and secondly, it calls of the respective country; and ity of the international community’s on our government to see to it that (6) requests that a copy of this resolution be transmitted to the President and the Sec- pledge to permit no more Bosnias in Serbian assets frozen in this country be retary of State by the Clerk of the House of the Balkans. We must not wait to act used to compensate, to whatever ex- Representatives and the Secretary of the until scenes of human misery flash tent is feasible, these poor and des- Senate. across our TV screens in the next few titute people, so that when they return The SPEAKER pro tempore. Pursu- weeks. to their destroyed and devastated vil- ant to the rule, the gentleman from Accordingly, I urge all of our Mem- lages, they can start rebuilding their New York (Mr. GILMAN) and the gen- bers of the House to join with the spon- lives. tleman from California (Mr. LANTOS) sors of this resolution in sending a This is the very least that we can do each will control 20 minutes. strong message to the Serbian leader- for an innocent, persecuted, long-suf- The Chair recognizes the gentleman ship that in addition to any legal and fering people, 1,800,000 ethnic Albanian from New York (Mr. GILMAN). political penalties they may face, they Kosovars whose sole crime is that they GENERAL LEAVE will also pay a financial penalty for happen to live within the boundaries of Mr. GILMAN. Mr. Speaker, I ask their actions in Kosova. the state of Serbia. Mr. Speaker, I unanimous consent that all Members It is our hope that other govern- strongly urge my colleagues to support may have 5 legislative days within ments will undertake similar meas- this resolution. which to revise and extend their re- ures, so that the people of Kosova may Mr. Speaker, I am very pleased to marks on House Concurrent Resolution eventually receive some restitution yield such time as he may consume to 315. from the government that is directly my distinguished friend and colleague, The SPEAKER pro tempore. Is there responsible for their suffering and for the gentleman from Ohio (Mr. TRAFI- objection to the request of the gen- their tremendous losses. CANT). tleman from New York? Mr. Speaker, I reserve the balance of Mr. TRAFICANT. Mr. Speaker, I There was no objection. my time. thank the gentleman for yielding time Mr. GILMAN. Mr. Speaker, I yield Mr. LANTOS. Mr. Speaker, I yield to me. I also want to thank the distin- myself such time as I may consume. myself such time as I may consume. guished Member for sponsoring this September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8495 legislation, which I am a cosponsor of, million peopleÐone-sixth of Kosovo's over- house referred to in section 1 shall be deemed and for his leadership throughout the whelmingly ethnic Albanian populationÐhave to be a reference to the ‘‘Richard C. Lee world for freedom. been driven from their homes. An estimated United States Courthouse’’. I think if there is some day a diction- 50,000 are living in the open, threatened by The SPEAKER pro tempore (Mr. ary encyclopedia that says, what does starvation, hypothermia and disease. HANSEN). Pursuant to the rule, the gen- a Congressman look like, we will see Last week Senator Bob Dole and Assistant tleman from California (Mr. KIM) and Mr. Bill Natcher and the gentleman Secretary of State John Shattuck testified the gentleman from Ohio (Mr. TRAFI- from California (Mr. TOM LANTOS). I about their recent visit to Kosovo before the CANT) each will control 20 minutes. mean that. Helsinki Commission. Senator Dole said that The Chair recognizes the gentleman Also, I thank the gentleman from what he saw in Kosovo shares many of the from California (Mr. KIM). New York (Chairman GILMAN) for all worst characteristics of the war in Bosnia, in- Mr. KIM. Mr. Speaker, I yield myself the work he has done. Naturally, I sup- cluding the genocide in Srebrenica. Secretary such time as I may consume. port this resolution. I think it is on Shattuck described horrendous human rights Mr. Speaker, Senate 1355, as amend- target. violations, violations of humanitarian law, and ed, designates the United States court- I, though, would also like to rec- acts of punitive destruction on a massive house located in New Haven, Connecti- ommend that my legislation that scale. cut, as the ‘‘Richard C. Lee United would move Kosova toward an inde- Make no mistake about it. This is BosniaÐ States Courthouse.’’ pendent state be seriously considered, again. And as we saw in Bosnia, the only Richard Lee was the mayor of New for several reasons. Number one, thing Milosevic responds to is force. Haven, Connecticut, for eight terms, Milosevic has shown that he is a brutal In December 1992, President Bush warned comprising 16 years in office. He was a dictator, and the atrocities against that if civilians in Kosovo were attacked, we dedicated public servant who played a ethnic Albanians may in fact produce would respond with force. President Clinton significant role in American urban his- another Bosnia for the world. reiterated that warning in March 1993. The tory. Celebrated as an urban pioneer, Having said that, I think it is time to international community has threatened, under his leadership the City of New look at Kosova. The population con- NATO has planned contingencies, we have Haven became a model in urban re- sists of 90 percent ethnic Albanians, rattled our sabers, yet Milosevic and his thugs newal for cities across the United their roots, their language, and under carry on with impunity. States. the former state of Yugoslavia, they I call on the Congress, the administration, Mayor Lee recognized the importance had an independent status. and our NATO allies to act now to save the of a thriving downtown area and As much as I support this, I would people of Kosovo, to halt Milosevic's reign of healthy middle-class population to en- like to say that ethnic Albanians do terror and to finally bring a chance for peace sure a city’s existence. Mayor Lee is a not just want an opportunity to make to the Balkans. credit to his hometown of New Haven. a claim against Serbian assets in our Mr. LANTOS. Mr. Speaker, I have no This is a fitting tribute to a dedi- country, ethnic Albanians want inde- further requests for time, and I yield cated public servant, and I support the pendence, and they are crying out for back the balance of my time. Senate bill, as amended. Mr. Speaker, I freedom all over this world. I believe Mr. GILMAN. Mr. Speaker, I have no urge my colleagues to support it as our administration is trying to keep further requests for time, and I yield well. the lid on, in all fairness. But I believe back the balance of my time. Mr. Speaker, I reserve the balance of we can coddle this guy Milosevic a lit- The SPEAKER pro tempore. The my time. tle too much, and I think it is time to question is on the motion offered by Mr. TRAFICANT. Mr. Speaker, I get stern with this man. the gentleman from New York (Mr. yield such time as she may consume to I would just like to recommend to GILMAN) that the House suspend the the gentlewoman from New Haven, the chairman and distinguished leaders rules and agree to the concurrent reso- Connecticut (Ms. DELAURO), the spon- of this committee to look at the mat- lution, House Concurrent Resolution sor of this legislation in the House. ter of independence. I believe there is 315, as amended. Ms. DELAURO. Mr. Speaker, I thank no other answer because ethnic Alba- The question was taken. both gentlemen for the opportunity to nians will not accept anything else, Mr. GILMAN. Mr. Speaker, on that, I be able to speak on this issue this and I believe if there is to be a tempest demand the yeas and nays. afternoon. I am very, very proud to in this teapot, we should deal with it The yeas and nays were ordered. sponsor this bill which will designate now. But this certainly is on the right The SPEAKER pro tempore. Pursu- the U.S. courthouse in my hometown track. ant to clause 5 of rule I and the Chair’s of New Haven, Connecticut, as the I am proud to join forces with the prior announcement, further proceed- ‘‘Richard C. Lee United States Court- gentleman from California (Mr. LAN- ings on this motion will be postponed. house.’’ TOS), and I am hoping that the admin- f Richard C. Lee epitomizes all that a istration and the State Department mayor can and should be and is truly a look very carefully at the rec- b 1600 model mayor of a city for this century. ommendation coming from the gen- RICHARD C. LEE UNITED STATES Dick Lee’s dedication to the City of tleman from California (Mr. LANTOS), COURTHOUSE New Haven is illustrated by a lifetime of public service. His career began as a the gentleman from New York (Mr. Mr. KIM. Mr. Speaker, I move to sus- reporter. He became editor of the New GILMAN), and the rest of the Congress. pend the rules and pass the Senate bill Haven Journal Courier. He later be- Mr. HOYER. Mr. Speaker, I rise in strong (S. 1355) to designate the United States came editor of the Yale News Digest support of this resolution and urge the House courthouse located in New Haven, Con- and director of the Yale University to pass it by a unanimous vote. necticut, as the ‘‘Richard C. Lee United This resolution condemns the violence in News Bureau. He went on to a career as States Courthouse,’’ as amended. Kosovo and calls for compensation for its vic- a public servant after that. The Clerk read as follows: tims from the assets of the perpetrators. This After twice running and losing, he is the just and right thing to do. S. 1355 became New Haven’s youngest mayor And while, Mr. Speaker, we must condemn Be it enacted by the Senate and House of Rep- in 1953. He served for 16 years, longer the violence and ethnic cleansing, we must do resentatives of the United States of America in than any mayor since. There is a his- Congress assembled, more. As we debate this resolution, Milosevic toric dimension to Dick Lee’s adminis- and his thugs are conducting yet another as- SECTION 1. DESIGNATION. tration. During his tenure as a mayor, The United States courthouse located at he was deeply involved with and dedi- sault against civilians in the Drenica region of 141 Church Street in New Haven, Connecti- Kosovo. Reports indicate that 20,000 more cut, shall be known and designated as the cated to issues of urban renewal. He refugees are fleeing their homes as Serb po- ‘‘Richard C. Lee United States Courthouse’’. initiated an economic revitalization lice and military units continue their scorched SEC. 2. REFERENCES. plan marking a turning point in New Earth policy. Hundreds of people, including Any reference in a law, map, regulation, Haven’s history. women and children, have been killed since document, paper, or other record of the He was particularly interested in the the violence began. More than a quarter of a United States to the United States court- human side of urban redevelopment. He H8496 CONGRESSIONAL RECORD — HOUSE September 23, 1998 incorporated community outreach into There is something I would like to United States to the United States court- the public school system; added staff to mention that perhaps is a little un- house referred to in section 1 shall be deemed the public schools to facilitate rela- usual as being a former sheriff. Mayor to be a reference to the ‘‘Robert K. tionships between faculty, students, Lee petitioned the Ford Foundation Rodibaugh United States Bankruptcy Court- house’’. and others; he developed job training and the Federal Government to join programs; he served as President of the him in the fight against juvenile delin- The SPEAKER pro tempore. Pursu- United States Conference of Mayors. quency and urban unemployment years ant to the rule, the gentleman from Because of his success in New Haven, ago, being in advance of and under- California (Mr. KIM) and the gentleman his solid reputation led to his becoming standing the unusual dynamics taking from Ohio (Mr. TRAFICANT) each will principal advisor on urban affairs dur- place in our country and certainly in control 20 minutes. The Chair recognizes the gentleman ing the Kennedy and Johnson adminis- our urban environment. trations, where he led the way for simi- The point I want to mention to this from California (Mr. KIM). lar programs throughout the country. House is during the urban unrest of the Mr. KIM. Mr. Speaker, I yield myself After retiring as mayor, Dick contin- 1960s, New Haven, Connecticut, did not such time as I may consume. Mr. Speaker, H.R. 81 designates the ued to serve his community by serving experience the violence which shook United States courthouse in South as executive director of the United Way other major cities, now chronicled in Bend, Indiana, as the ‘‘Robert K. of Greater New Haven from 1975 to 1980. the history of those turbulent years. Rodibaugh United States Bankruptcy His later achievements included an ap- New Haven, in fact, became the model Courthouse.’’ pointment to the Committee on Judi- for law enforcement civility without Judge Rodibaugh served the North- cial Review in 1976, and chairing the one shot being fired by a policeman ern District of Indiana in the area of State Library Board from 1984 to 1986. during that time. Not one shot being bankruptcy law since his appointment In 1987, he was appointed to the Judi- fired. cial Review Council. He later joined Some of the adjectives that have as a bankruptcy judge in 1960. During Union Trust as the chairman’s rep- been used to describe the great mayor his tenure, he oversaw the growth of resentative in New Haven. were: Commitment, accessibility, in- the bankruptcy court from one small Let me just say that Dick Lee under- volvement, creativity. Mr. Speaker, I courtroom with a part-time referee and stood how vibrant and alive cities are believe it is prompt and proper for the a clerk’s office of 4 employees in South and what role they can play in making House to offer another one: A great Bend, to four separate courtrooms lo- sure that people have the kinds of op- American. cated throughout northern Indiana. In portunity that they needed economi- I am proud to support this bill. I 1985, Judge Rodibaugh was appointed cally and what kind of a social fabric want to commend the two Senators Chief Bankruptcy Judge and assumed one needs in order for a people to be from Connecticut and also the great senior status in 1986. able to succeed. Member here from New Haven for their Judge Rodibaugh has fulfilled his du- On a personal and political level, the bill. I support it and I urge an ‘‘aye’’ ties as a referee and a judge in bank- DeLauro and Lee families have been vote. ruptcy proceedings with a patience, close for years. I witnessed firsthand Mr. Speaker, I yield back the balance fairness, and dedication to legal schol- his knowledge, insight, and caring for of my time. arship which is most worthy of rec- the New Haven community. My moth- The SPEAKER pro tempore. The ognition. It is a fitting tribute to honor er, Luisa DeLauro, served on the Board question is on the motion offered by him and his accomplishments in this of Aldermen under Dick’s administra- the gentleman from California (Mr. manner. tion. I fondly remember Dick’s rela- KIM) that the House suspend the rules Mr. Speaker, I support this legisla- tionship with my father, Ted DeLauro. and pass the Senate bill, S. 1355, as tion and urge my colleagues to join me They were great friends and they amended. to support it. worked together on numerous projects The question was taken. Mr. Speaker, I reserve the balance of for the betterment of the New Haven Mr. KIM. Mr. Speaker, I object to the my time. community. Throughout my life, Dick vote on the ground that a quorum is Mr. TRAFICANT. Mr. Speaker, I Lee has been both a mentor and a not present and make the point of yield such time as he may consume to friend. order that a quorum is not present. the fine gentleman from South Bend, On September 13th, 1987, Dick was in- The SPEAKER pro tempore. Pursu- Indiana (Mr. ROEMER), the sponsor of ducted into the Knights of St. Gregory, ant to clause 5, rule I, and the Chair’s this legislation. a Papal honor for ‘‘exemplary conduct prior announcement, further proceed- Mr. ROEMER. Mr. Speaker, I thank as a citizen living up to his full meas- ings on this motion will be postponed. the gentleman from Ohio (Mr. TRAFI- ure of influence and creativity in the The point of no quorum is considered CANT) and I also want to thank the gen- community.’’ It is exactly this com- withdrawn. tleman from California (Mr. KIM) for mitment to community that distin- f their help on this very important piece guishes the life of Richard C. Lee, and of legislation today that we honor ROBERT K. RODIBAUGH UNITED it is with great pleasure that I sponsor Judge Rodibaugh with. STATES BANKRUPTCY COURT- this legislation. Mr. Speaker, I would also like to Dick Lee is now 82 years old. He HOUSE thank the gentleman from Ohio (Mr. probably will be angry with me for Mr. KIM. Mr. Speaker, I move to sus- TRAFICANT) for his hard work on this mentioning his age, but he truly epito- pend the rules and pass the bill (H.R. bill. I know he has visited my home- mizes what a public servant is in our 81) to designate the United States town of South Bend a couple of dif- country. This courthouse will be a last- courthouse located at 401 South Michi- ferent times when he played football at ing tribute to a man who has been one gan Street in South Bend, Indiana, as the University of Pittsburgh. I would of the most dedicated and effective the ‘‘Robert K. Rodibaugh United like to say that he was 0 and 2 when he mayors of this century, and I thank the States Bankruptcy Courthouse’’. visited my hometown, but I think he gentlemen for allowing me this time to The Clerk read as follows: got a win one year and was 1 and 1 speak on his behalf. H.R. 81 against the Fighting Irish. Mr. KIM. Mr. Speaker, I yield back Be it enacted by the Senate and House of Rep- Mr. Speaker, I rise to salute Judge the balance of my time. resentatives of the United States of America in Robert Kurtz Rodibaugh, a loyal and Mr. TRAFICANT. Mr. Speaker, I Congress assembled, dedicated friend, the senior bankruptcy yield myself such time as I may con- SECTION 1. DESIGNATION. judge for the South Bend Division of sume. The United States courthouse located at the Northern District of the State of Mr. Speaker, Mayor Richard Lee has 401 South Michigan Street in South Bend, In- Indiana. It is truly a great honor for diana, shall be known and designated as the become known as the model mayor for ‘‘Robert K. Rodibaugh United States Bank- me to recognize Judge Rodibaugh, who our country and for this century. Hav- ruptcy Courthouse’’. has consistently demonstrated generos- ing served in World War II, he returned SEC. 2. REFERENCES. ity and selfless dedication to the citi- to his hometown of New Haven and he Any reference in a law, map, regulation, zens and legal community of northern started a lifetime of service. document, paper, or other record of the Indiana. September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8497 At the beginning of this Congress, I zens and legal community of the Northern Dis- LLC, graciously agreed to name the new pri- introduced H.R. 81 to designate the re- trict of Indiana wisely, efficiently, and honor- vately-owned courthouse building in Judge cently dedicated courthouse on the cor- ably. Rodibaugh's honor, owing to his unblemished ner of Western and South Michigan A native of Elkhart County, Indiana, Judge character and numerous professional achieve- Streets in South Bend, Indiana, in Rodibaugh graduated from the University of ments in the bankruptcy field. I am confident honor of Judge Rodibaugh and his nu- Notre Dame with a Bachelor of Science de- that the ``Robert K. Rodibaugh United States merous contributions to the legal com- gree in 1940 and attended the University of Bankruptcy Courthouse'' is an appropriate title munity. Last year, I also had the privi- Notre Dame Law School, where he served as for the new bankruptcy court facility. Judge lege to attend the dedication ceremony the Associate Editor of the Notre Dame Law Rodibaugh is a shining example of the impor- for the Rodibaugh Courthouse. While Review between 1940 and 1941. He received tance of public service, whose tireless con- the courthouse has already been dedi- his Juris Doctor degree in 1941. After gaining tributions provide an invaluable service to our cated, I believe that H.R. 81 is an ap- his admittance to practice law in 1941, Judge community. I am confident that Judge propriate way to express our gratitude Rodibaugh entered active duty as a private in Rodibaugh will continue to play a constructive for Judge Rodibaugh’s lifelong dedica- the United States Army. He was discharged in and important role in our community, and will tion to public service. 1946 as a Captain after serving in the infantry continue to serve as a powerful inspiration to Mr. Speaker, without question, the and armored forces during World War II. Fol- all of those who come into contact with him. Robert K. Rodibaugh United States lowing his release, Judge Rodibaugh entered Mr. KIM. Mr. Speaker, I yield back Bankruptcy Courthouse is a fitting private practice in 1946. He also served as the the balance of my time. title for the new bankruptcy facility. Deputy Prosecuting Attorney of the 60th Judi- Mr. TRAFICANT. Mr. Speaker, I Judge Rodibaugh is a shining example cial Circuit, in St. Joseph County, Indiana, yield myself such time as I may con- of the importance of public service from 1948 to 1950, and again from 1953 to sume. whose tireless contributions provide an 1957. In addition, Judge Rodibaugh served as Mr. Speaker, the gentleman from In- invaluable service to our community, Attorney for the St. Joseph County Board of diana (Mr. ROEMER) the young man my hometown, South Bend, Indiana. Zoning Appeals between 1958 and 1960. from South Bend, was, I believe, about Mr. Speaker, I am confident that Mr. Speaker, Judge Rodibaugh received the 4 years old when I was in South Bend. Judge Rodibaugh will continue to play 33 Years of Distinguished Service to Bench I am amazed that he has such a recol- a constructive and important role in and Bar Award from the Bankruptcy Judges of lection. I know he loves football and our community and will continue to the Seventh Circuit in 1993, the 50 Year Gold- that is what makes him so avid. serve as a powerful inspiration to all of en Career Award from the Indiana State Bar Mr. Speaker, I compliment the gen- those who come into contact with him. Association in 1991, and the Notre Dame Law tleman for recognizing this great I thank the House of Representatives School's Distinguished Alumnus Award in judge. When the bankruptcy courts for passing this, and I thank the chair- 1991. Some of the significant cases that opened up back there, I think they had man and ranking member for their as- Judge Rodibaugh has decided include one part-time clerk and a small office. sistance, and congratulate Judge Papelow v. Foley and In the Matter of John They graduated to four full bankruptcy Rodibaugh. Kelly Jeffers. Judge Rodibaugh has always courts in Mr. ROEMER’s hometown of Mr. Speaker, I rise today in appreciation of enjoyed the challenge of bankruptcy law and South Bend, and also Fort Wayne, Judge Robert Kurtz Rodibaugh, a loyal and has a special talent for working with corporate Gary, and Lafayette. dedicated friend, the senior bankruptcy judge reorganizations. Recently, Judge Rodibaugh This is a very respected judge, noted for the South Bend Division of the Northern said: ``I still think bankruptcy law is one of the for fairness, dedication, and legal District of Indiana. It is truly a great honor for most fascinating areas of the law. When a re- scholarship. Nearly everyone that en- me to recognize Judge Rodibaugh, who has organization is successful, it is a satisfying dorsed this talked body legal scholar- consistently demonstrated generosity and self- feeling.'' ship and helping to bring bankruptcy less dedication to the citizens and legal com- Mr. Speaker, throughout his tenure, Judge matters to the forefront of consider- munity of Northern Indiana. Rodibaugh has presided over the growth of ation of the court system. At the beginning of the current Congress, I the bankruptcy court in Northern Indiana from So, I want to compliment and com- introduced legislation, H.R. 81, in the U.S. one small courtroom with a part-time referee mend the gentleman from Indiana (Mr. House of Representatives to designate the re- and a clerk's office of two employees in South ROEMER) for his efforts. I want to also cently dedicated courthouse on the corner of Bend, Indiana, to four different courtrooms in say that without a doubt, we not only Western and South Michigan Streets in South the cities of South Bend, Fort Wayne, Gary, have a great jurist, but a great Amer- Bend, Indiana in honor of Judge Rodibaugh and Lafayette, Indiana, with four full-time ican. I am proud to support the legisla- and his numerous contributions to the legal judges and a clerk's office of over forty em- tion. community. Last year, I had the privilege to at- ployees. According to his colleague, Judge Mr. Speaker, I yield back the balance tend the dedication ceremony for the ``Robert Harry Dees, also a bankruptcy judge for the of my time. K. Rodibaugh United States Bankruptcy Court- Northern District of Indiana: ``Judge Rodibaugh The SPEAKER pro tempore. The house.'' While this courthouse has already never complained about all the weekly travel- question is on the motion offered by been dedicated, I believe that H.R. 81 is an ing, he just did it.'' the gentleman from California (Mr. appropriate way to express our gratitude for Moreover, Judge Rodibaugh has fulfilled his KIM) that the House suspend the rules Judge Rodibaugh's life-long dedication to pub- duties as a bankruptcy judge with patience, and pass the bill, H.R. 81. lic service. fairness, dedication and legal scholarship The question was taken. Mr. Speaker, as you may recall, I introduced which is most worthy of recognition. His high Mr. KIM. Mr. Speaker, I object to the identical legislation which was passed by the standards have benefitted the many law clerks vote on the ground that a quorum is House of Representatives during the last Con- and judicial personnel who have served under not present and make the point of gress. Unfortunately, the measure was not his tutelage, the lawyers who have practiced order that a quorum is not present. considered by the U.S. Senate before the before the bankruptcy court, as well as the The SPEAKER pro tempore. Pursu- 104th Congress adjourned. I am honored to citizens residing in the Northern District of In- ant to clause 5, rule I, and the Chair’s sponsor H.R. 81 and pleased that the majority diana. In 1985, Judge Rodibaugh was ap- prior announcement, further proceed- of the Indiana Congressional delegation has pointed Chief Judge of the U.S. Bankruptcy ings on this motion will be postponed. cosponsored my legislation. Judge Rodibaugh Court for the Northern District of Indiana. He The point of no quorum is considered is recognized by his community and his peers served in that position until he assumed full- withdrawn. as an honorable man worthy of such a tribute. time recall status as a senior judge one year f He is highly regarded throughout the entire later. Today, Judge Rodibaugh continues in b 1615 country and has been a pillar of the commu- this position, carrying a full case load, and he nity. Moreover, he is greatly respected by has no plans to cut back on his work with the GENERAL LEAVE other judges and the bankruptcy bar in North- court. Currently, Judge Rodibaugh and his Mr. KIM. Mr. Speaker, I ask unani- ern Indiana. Since his initial appointment as a wife, Eunice, live in South Bend, Indiana. mous consent that all Members may referee in bankruptcy in November 1960 and Mr. Speaker, it is important for me to indi- have 5 legislative days to revise and ex- throughout his legal career as a bankruptcy cate that the firm of Panzica Development tend their remarks on H.R. 81, the bill judge, Judge Rodibaugh has served the citi- Company with Western Avenue Properties, just considered. H8498 CONGRESSIONAL RECORD — HOUSE September 23, 1998 The SPEAKER pro tempore (Mr. State performance measure described in sec- age and who has a life-threatening condition, HANSEN). Is there objection to the re- tion 458A(b)(4) with respect to which the ap- from an organization described in section quest of the gentleman from Califor- plicable percentage under section 458A(b)(6) 501(c)(3) of the Internal Revenue Code of 1986 nia? for the fiscal year is 100 percent, if the Sec- which is exempt from taxation under section retary has made the determination described 501(a) of such Code— There was no objection. in section 458A(b)(5)(B) with respect to the ‘‘(A) in the case of an in-kind gift, if the f State for the fiscal year.’’. gift is not converted to cash; or NONCITIZEN BENEFIT CLARIFICA- (2) EFFECTIVE DATE.—The amendment ‘‘(B) in the case of a cash gift, only to the made by paragraph (1) of this subsection extent that the total amount excluded from TION AND OTHER TECHNICAL shall take effect as if included in the enact- the income of the individual pursuant to this AMENDMENTS ACT OF 1998 ment of section 101(a) of the Child Support paragraph in the calendar year in which the Mr. CAMP. Mr. Speaker, I move to Performance and Incentive Act of 1998, and gift is made does not exceed $2,000.’’. suspend the rules and pass the bill the amendment shall be considered to have (b) RESOURCE DISREGARD.—Section 1613(a) (H.R. 4558) to make technical amend- been added by section 101(a) of such Act for of the Social Security Act (42 U.S.C. 1382b(a)) purposes of section 201(f)(2)(B) of such Act. is amended— ments to clarify the provision of bene- (b) CLARIFICATION OF EFFECTIVE DATE FOR (1) by striking ‘‘and’’ at the end of para- fits for noncitizens, and to improve the CERTAIN MEDICAL CHILD SUPPORT PROVI- graph (11); provision of unemployment insurance, SIONS.— (2) by striking the period at the end of child support, and supplemental secu- (1) IN GENERAL.—Section 401(c)(3) of the paragraph (12) and inserting ‘‘; and’’; and rity income benefits, as amended. Child Support Performance and Incentive (3) by inserting after paragraph (12) the fol- The Clerk read as follows: Act of 1998 (42 U.S.C. 652 note) is amended by lowing: striking ‘‘of the enactment of this Act’’ and ‘‘(13) any gift to, or for the benefit of, an H.R. 4558 inserting ‘‘specified in subparagraph (A)’’. individual who has not attained 18 years of Be it enacted by the Senate and House of Rep- (2) EFFECTIVE DATE.—The amendment age and who has a life-threatening condition, resentatives of the United States of America in made by paragraph (1) of this subsection from an organization described in section Congress assembled, shall take effect as if included in the enact- 501(c)(3) of the Internal Revenue Code of 1986 SECTION 1. SHORT TITLE. ment of section 401(c)(3) of the Child Support which is exempt from taxation under section This Act may be cited as the ‘‘Noncitizen Performance and Incentive Act of 1998. 501(a) of such Code— Benefit Clarification and Other Technical SEC. 5. ELIGIBILITY OF NONRESIDENT ALIENS TO ‘‘(A) in the case of an in-kind gift, if the Amendments Act of 1998’’. RENEW PROFESSIONAL LICENSES. gift is not converted to cash; or SEC. 2. CONTINUING ELIGIBILITY FOR SSI AND (a) FEDERAL.—Section 401(c)(2) of the Per- ‘‘(B) in the case of a cash gift, only to the RELATED BENEFIT FOR NON- sonal Responsibility and Work Opportunity extent that the total amount excluded from QUALIFIED ALIENS WHO WERE RE- Reconciliation Act of 1996 (8 U.S.C. 1611(c)(2)) the resources of the individual pursuant to CEIVING BENEFITS ON THE DATE OF is amended— this paragraph in the calendar year in which THE ENACTMENT OF THE PERSONAL (1) at the end of subparagraph (A) by strik- the gift is made does not exceed $2,000.’’. RESPONSIBILITY AND WORK OPPOR- ing ‘‘or’’; TUNITY RECONCILIATION ACT OF (c) RETROACTIVITY.—The amendments 1996. (2) at the end of subparagraph (B) by strik- made by this section shall apply to gifts Section 401(b) of the Personal Responsibil- ing the period and inserting ‘‘; or’’; and made on or after the date that is 2 years be- ity and Work Opportunity Reconciliation (3) by inserting after subparagraph (B) the fore the date of the enactment of this Act. Act of 1996 (8 U.S.C. 1611(b)) is amended by following new subparagraph: SEC. 8. ENHANCED RECOVERY OF SSI OVERPAY- inserting after paragraph (4) the following ‘‘(C) to the issuance of a professional li- MENTS FROM SOCIAL SECURITY new paragraph: cense to, or the renewal of a professional li- BENEFITS. ‘‘(5) Subsection (a) shall not apply to eligi- cense by, a foreign national not physically (a) IN GENERAL.—Part A of title XI of the bility for benefits for the program defined in present in the United States.’’. Social Security Act is amended by adding at (b) STATE OR LOCAL.—Section 411(c)(2) of section 402(a)(3)(A) (relating to the supple- the end the following new section: the Personal Responsibility and Work Oppor- mental security income program), or to eli- ‘‘RECOVERY OF SSI OVERPAYMENTS FROM tunity Reconciliation Act of 1996 (8 U.S.C. gibility for benefits under any other program SOCIAL SECURITY BENEFITS 1621(c)(2)) is amended— that is based on eligibility for benefits under ‘‘SEC. 1147. (a) IN GENERAL.—(1) Whenever (1) at the end of subparagraph (A) by strik- the program so defined, for an alien who was the Commissioner of Social Security deter- ing ‘‘or’’; receiving such benefits on August 22, 1996.’’. mines that more than the correct amount of (2) at the end of subparagraph (B) by strik- any payment has been made under the sup- SEC. 3. EXTENSION OF AUTHORIZATION OF SELF- ing the period and inserting ‘‘; or’’; and EMPLOYMENT ASSISTANCE PRO- plemental security income program under (3) by inserting after subparagraph (B) the GRAMS. title XVI of this Act (including, for purposes following new subparagraph: (a) IN GENERAL.—Paragraph (2) of section of this section, under section 1616(a) of this ‘‘(C) to the issuance of a professional li- 507(e) of the North American Free Trade Act or section 212(b) of Public Law 93–66) to cense to, or the renewal of a professional li- Agreement Implementation Act (26 U.S.C. a person who is not currently eligible for cense by, a foreign national not physically 3306 note) is hereby repealed. cash benefits under the program, the Com- present in the United States.’’. (b) CONFORMING AMENDMENTS.—Subsection missioner, notwithstanding section 207 of (e) of section 507 of such Act is further SEC. 6. CLARIFICATION OF OBLIGATION OF WEL- this Act but subject to paragraph (2) of this FARE-TO-WORK FUNDS. amended— subsection, may recover the amount incor- (a) IN GENERAL.—Section 403(a)(5)(A)(iv)(II) (1) by amending the heading after the sub- of the Social Security Act (42 U.S.C. rectly paid by decreasing any amount which section designation to read ‘‘EFFECTIVE 603(a)(5)(A)(iv)(II)) is amended by striking is payable to the person under title II of this DATE.—’’; and ‘‘or sub-State entity’’ and inserting ‘‘, other Act in any month by not more than 10 per- (2) by striking ‘‘(1) EFFECTIVE DATE.—’’ and than funds reserved by the State for dis- cent of the amount payable under such title by running in the remaining text of sub- tribution under clause (vi)(III) and funds dis- II. section (e) immediately after the heading ‘‘(2) The 10 percent limitation set forth in tributed pursuant to clause (vi)(I) in any therefor, as amended by paragraph (1). paragraph (1) shall not apply to an overpay- State in which the service delivery area is ment made to a person if— SEC. 4. CORRECTIONS TO THE CHILD SUPPORT the State’’. PERFORMANCE AND INCENTIVE ACT ‘‘(A) the person or the spouse of the person (b) RETROACTIVITY.—The amendment made OF 1998. by subsection (a) shall take effect as if in- was involved in willful misrepresentation or (a) REDUCTION OF PENALTY FOR STATE FAIL- cluded in the enactment of section 5001 of concealment of material information in con- URE TO MEET DEADLINE FOR COMPLIANCE WITH the Balanced Budget Act of 1997. nection with the overpayment; or CHILD SUPPORT DATA PROCESSING AND INFOR- ‘‘(B) the person so requests. SEC. 7. DISREGARD OF LIMITED AWARDS MADE MATION RETRIEVAL REQUIREMENTS IF PER- TO CHILDREN WITH LIFE-THREAT- ‘‘(b) NO EFFECT ON SSI ELIGIBILITY OR BEN- FORMANCE OF CERTAIN ASPECT OF STATE IV-D ENING CONDITIONS UNDER THE EFIT AMOUNT.—In any case in which the PROGRAM MEETS PERFORMANCE THRESHOLD.— SUPPLEMENTAL SECURITY INCOME Commissioner of Social Security takes ac- (1) IN GENERAL.—Section 455(a)(4)(C) of the PROGRAM. tion in accordance with subsection (a) to re- Social Security Act (42 U.S.C. 655(a)(4)(C)) is (a) INCOME DISREGARD.—Section 1612(b) of cover an amount incorrectly paid to any per- amended by adding at the end the following: the Social Security Act (42 U.S.C. 1382a(b)) is son, neither that person, nor any individual ‘‘(iii) The Secretary shall reduce the amended— whose eligibility for benefits under the sup- amount of any reduction that, in the absence (1) by striking ‘‘and’’ at the end of para- plemental security income program under of this clause, would be required to be made graph (20); title XVI, or whose amount of such benefits, under this paragraph by reason of the failure (2) by striking the period at the end of is determined by considering any part of of a State to achieve compliance with sec- paragraph (21) and inserting ‘‘; and’’; and that person’s income, shall, as a result of tion 454(24)(B) during the fiscal year, by an (3) by adding at the end the following: such action— amount equal to 20 percent of the amount of ‘‘(22) any gift to, or for the benefit of, an ‘‘(1) become eligible for benefits under such the otherwise required reduction, for each individual who has not attained 18 years of program, or September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8499 ‘‘(2) if such person or individual is other- work and personal responsibility in therefore, cannot be accused of coming wise so eligible, become eligible for in- several programs under the jurisdiction to the U.S. to collect public benefits. creased benefits under such program.’’. of the Committee on Ways and Means. Third, these individuals are, by defi- (b) CONFORMING AMENDMENTS.— Finally, many people are familiar nition, poverty stricken and disabled (1) Section 204 of such Act (42 U.S.C. 404) is amended by adding at the end the following: with the Make-A-Wish Foundation or or elderly, meaning the elimination of ‘‘(g) For payments which are adjusted or the many similar organizations that their SSI benefits would leave them in withheld to recover an overpayment of sup- fulfill the dreams of children with life a dire predicament. plemental security income benefits paid threatening conditions by, for example, Beyond protecting the SSI safety net under title XVI of this Act (including State sending a child with terminal cancer to for long time legal residents of this supplementary payments paid under an Disney World. Yet under current rules country, the legislation we are consid- agreement pursuant to section 1616(a) of this a sick child granted such a wish can ering includes several other beneficial Act or section 212(b) of Public Law 93–66), see lose some supplemental security in- provisions, as mentioned by the gen- section 1147.’’. (2) Section 1631(b) of such Act (42 U.S.C. come benefits or even lose SSI benefits tleman from Michigan (Mr. CAMP). 1383(b)) is amended by adding at the end the altogether. We are fixing this problem For example, the bill permanently following: so children who have their wishes ful- extends the self-employment assist- ‘‘(5) For provisions relating to the recovery filled by charitable groups will no ance program, which aids unemploy- of benefits incorrectly paid under this title longer risk losing this critical support. ment insurance recipients in starting from benefits payable under title II, see sec- This legislation is completely paid their own businesses. The bill also tion 1147.’’. for and has drawn bipartisan support. I clarifies that the 1996 welfare law does (c) EFFECTIVE DATE.—The amendments urge its swift adoption. not bar foreign nationals from obtain- made by this section shall take effect on the Mr. Speaker, I reserve the balance of date of the enactment of this Act and shall ing or renewing professional licenses in apply to amounts incorrectly paid which re- my time. this country. main outstanding on or after such date. Mr. LEVIN. Mr. Speaker, I yield my- Finally, the legislation will ensure self such time as I may consume. The SPEAKER pro tempore. Pursu- that sick children do not lose their SSI I join with the gentleman from ant to the rule, the gentleman from benefits when they receive gifts from Michigan (Mr. CAMP) today. I regret nonprofit organizations such as the Michigan (Mr. CAMP) and the gen- that the gentleman from Florida (Mr. Make-A-Wish Foundation. tleman from Michigan (Mr. LEVIN), SHAW) cannot be here because of a each will control 20 minutes. Mr. Speaker, I urge my colleagues to death in the family. We have been The Chair recognizes the gentleman support this legislation to strengthen working together on this matter as our Nation’s safety net for those less from Michigan (Mr. CAMP). well as other issues, and I am glad that fortunate than ourselves. The bill is bi- GENERAL LEAVE the gentleman from Michigan (Mr. partisan. It is paid for, and it makes Mr. CAMP. Mr. Speaker, I ask unani- CAMP) can be here in his stead. good sense and fulfills our promise. mous consent that all Members may Mr. Speaker, the bipartisan legisla- Mr. Speaker, I include for the have 5 legislative days in which to re- tion before us makes compassionate RECORD a Statement of Administration vise and extend their remarks and in- and common sense changes to several Policy in support of this bill: clude extraneous material on H.R. 4558. important programs. Most impor- STATEMENT OF ADMINISTRATION POLICY The SPEAKER pro tempore. Is there tantly, the bill provides for a perma- objection to the request of the gen- nent extension of supplemental secu- (This statement has been coordinated by OMB with the concerned agencies.) tleman from Michigan? rity income for so-called nonqualified There was no objection. aliens. When we passed the Balanced H.R. 4558—NONCITIZEN BENEFIT CLARIFICATION Mr. CAMP. Mr. Speaker, I yield my- Budget Act last year, we promised to AND OTHER TECHNICAL AMENDMENTS ACT OF 1998 self such time as I may consume. continue SSI benefits for all legal im- Reps. Shaw (R) FL and Levin (D) MI Mr. Speaker, I want to take a mo- migrants who were receiving benefits ment and extend the regrets of the gen- before the enactment of welfare re- The Administration strongly supports H.R. 4558. The bill would allow certain vulnerable tleman from Florida (Mr. SHAW) that, form. due to a death in his family, he could legal immigrants to continue to receive Sup- However, the statute only applied plemental Security Income and Medicaid not be here personally to manage this this grandfather status to qualified benefits for which they otherwise would be bill on the floor today. aliens, a criteria which excluded cer- ineligible after September 30, 1998. H.R. 4558 Mr. Speaker, this is a time-sensitive tain legal immigrants formerly re- would further the President’s efforts to re- bill that makes technical amendments ferred to as persons residing under the verse unduly harsh benefit restrictions on to clarify provisions of benefits for color of law. legal immigrants that have nothing to do noncitizens and to improve the provi- This legislation makes good on our with moving people from welfare to work. sion of unemployment insurance, child original pledge to continue SSI bene- The Administration applauds this bipartisan effort. support and supplemental security in- fits for all legal aliens regardless of come benefits. their particular immigration status. PAY-AS-YOU-GO SCORING This legislation includes a handful of This bill more than offsets the cost of H.R. 4558 would affect direct spending; seemingly minor but in fact important this change by providing the Social Se- therefore, it is subject to the pay-as-you-go changes that serve several goals. Each requirements of the Omnibus Budget Rec- curity Administration with limited au- onciliation Act of 1990. The Office of Manage- of its provisions has drawn bipartisan thority to recoup SSI overpayments ment and Budget’s preliminary scoring esti- support, and I see my colleague from from Social Security checks. In fact, as mate is that the bill would result in a net de- Michigan is here as well. None of the a whole the legislation will save the crease in direct spending of $5 million in FY provisions is opposed by the adminis- Federal Government $93 million over 1999 and a total of $58 million during FYs tration. the next 5 years. 1999 through 2003. The bill’s major provision ensures This clearly illustrates that we can Mr. Speaker, I reserve the balance of that every elderly or disabled nonciti- both be socially compassionate and fis- my time. zen already dependent on supplemental cally prudent if we work together on Mr. CAMP. Mr. Speaker, I include security income benefits when we our Nation’s problems. the following letters as part of the passed welfare reform will remain eli- There are a few important points to RECORD: gible. At the same time we are main- remember about the population we are COMMITTEE ON THE JUDICIARY, taining the underlying policy on wel- helping with this legislation. First, re- HOUSE OF REPRESENTATIVES, fare for newly arriving immigrants cent studies have clearly indicated Washington, DC, September 22, 1998. Hon. BILL ARCHER achieved in the welfare reform law, that up to 3⁄4 of those now classified as that those who arrived after 1996 must nonqualified aliens are, in fact, U.S. Chairman, Committee on Ways and Means, Lonworth House Office Building, work or naturalize before becoming eli- citizens or qualified aliens. Washington, DC. gible for government benefits. Second, many of the remaining indi- DEAR MR. CHAIRMAN: On September 18, Second, we are making a number of viduals in this nonqualified group have 1998, the Committee on Ways and Means or- common sense changes that encourage been in our country for decades and, dered reported H.R. 4558, the ‘‘Noncitizen H8500 CONGRESSIONAL RECORD — HOUSE September 23, 1998 Benefit Clarification and Other Technical ference that may be convened on this legisla- Mr. ENGLISH of Pennsylvania. Mr. Amendments Act of 1998’’. The bill makes tion. I request that you support any request Speaker, I rise today in strong support technical amendments to clarify the provi- by the Commerce Committee for conferees of H.R. 4558. sions of benefits for noncitizens, and to im- on this or similar legislation. This is good legislation that does a prove the provision of unemployment insur- I also request that you submit this letter ance, child support, and supplemental secu- for the record during consideration of H.R. number of things that I think Congress rity income benefits. As you know, Section 2 4558 on the House floor. Thank you for your needs to do before we leave. Among and 5—which relate to aliens—fall within the attention to these matters. others, it permanently reauthorizes the Rule X jurisdiction of the Committee on the Sincerely, self-employed assistance program. This Judiciary. TOM BLILEY, program enables individuals who would Given the importance of this legislation Chairman. otherwise be unemployed to create and your interest in moving the bill to the their own jobs by creating microenter- House Floor in an expeditious manner, I will COMMITTEE ON WAYS AND MEANS, prises. The efforts of the Ridge admin- agree not to request a referral of this bill. By U.S. HOUSE OF REPRESENTATIVES, istration in my home State of Pennsyl- agreeing not to exercise the Judiciary Washington, DC, September 22, 1998. vania demonstrate that this is an effec- Committees’s jurisdiction, the Committee Hon. THOMAS J. BLILEY, JR., does not waives its jurisdictional interest in Chairman, House Committee on Commerce, tive tool in helping people become re- this bill or similar legislation. Further, the Rayburn House Office Building, employed. Committee would preserve its prerogative to Washington, DC. This legislation also corrects a prob- seek to be represented in any House-Senate DEAR CHAIRMAN BLILEY: Thank you for lem that has given bureaucrats a bad conference committee that may be convened your letter regarding your Committee’s in- name. The Social Security Administra- on H.R. 4558. terest in H.R. 4558, the ‘‘Noncitizen Benefit tion has a policy of cutting the SSI I appreciate your consideration of our in- Clarification and Other Technical Amend- terest in this legislation and look forward to benefits of children with life-threaten- ments Act of 1998.’’ As you know, the bill, as ing illnesses who receive cash from tax working with you on its passage. Further, I introduced, was referred to the Committee would appreciate an acknowledgement of on Ways and Means, and in addition, to the exempt groups that grant their wish, this letter and would request that our ex- Committee on Commerce. I understand that say, to visit Walt Disney World, go on change of letters be included in the Record of it is scheduled to be considered on the House a shopping spree or meet a celebrity. debate on this bill. floor on September 23, 1998. Under current policy, Mr. Speaker, Sincerely, I further understand that the motion to accepting cash for expenses means that HENRY J. HYDE, suspend the rules will include a manager’s the family has to report it as an in- Chairman. amendment clarifying that the restoration crease in income. This could result in of Supplemental Security Income (SSI) bene- the reduction of SSI benefits and, in a COMMITTEE ON WAYS AND MEANS, fits for certain non-qualified aliens con- U.S. HOUSE OF REPRESENTATIVES, tained in the bill applies, accordingly, to eli- number of rare cases, elimination of Washington, DC, September 22, 1998. gibility for benefits under other programs, Social Security benefits. This is an ab- Hon. HENRY J. HYDE, such as Medicaid, that are based on eligi- surd situation. Chairman, Committee on the Judiciary, bility for SSI. Since 1980, the Make-A-Wish Founda- Rayburn HOB, Washington, DC. I acknowledge your jurisdictional interest tion, as an example, has worked to DEAR MR. CHAIRMAN: Thank you for your in this legislation and appreciate your co- letter regarding your Committee’s jurisdic- grant one special wish to every child operation in moving the bill forward to the tional interest in H.R. 4558, the ‘‘Noncitizen referred to them with a life-threaten- House floor expeditiously. As you requested, Benefit Clarification and Other Technical ing illness. They give these children I will insert a copy of our exchange of letters Amendments Act of 1998.’’ their fondest dream as a way of reliev- on this matter in the Record during floor I acknowledge your interest in this legisla- ing the daily pain, stress and worries tion and appreciate your cooperation in mov- consideration of the bill. Thank you again for your assistance on that their illness forces them to face ing the bill to the House floor expeditiously. daily. The Make-A-Wish Foundation I agree to work with you as this legislation this matter. With best personal regards, moves forward and also agree that your deci- Sincerely, volunteers make sure that every detail sion to forego further action on the bill will BILL ARCHER, of the wish experienced, every phone not prejudice the Judiciary Committee with Chairman. call, every travel expense is taken care respect to its jurisdictional prerogatives on Mr. CAMP. Mr. Speaker, I yield my- of. H.R. 4558, or similar legislation. self such time as I may consume. Mr. Speaker, it simply is not fair to Thank you again for your cooperation. This legislation, as my colleague, the take needed benefits from sick children Sincerely, gentleman from Michigan (Mr. LEVIN) just because they have a dream and a BILL ARCHER, correctly pointed out, was very much a charity is willing to make it come Chairman. bipartisan piece of legislation. I would true. The Shaw-English provision of like to particularly note that there was COMMITTEE ON COMMERCE, H.R. 4558 would exempt up to $2000 in Washington, DC, September 22, 1998. one provision regarding the Make-A- cash awards given to these children Hon. BILL ARCHER, Wish Foundation and other similar or- and their families for incidentals when Chairman, House Committee on Ways and ganizations that help children who their wish is granted. Means; Longworth House Office Building, have life-threatening diseases fulfill This important legislation ensures Washington, DC. their childhood dreams or their wishes. that organizations like the Make-A- DEAR BILL: On May 13, 1998, the Committee Under current law, SSI benefits or Wish Foundation can continue to grant on Ways and Means ordered reported H.R. supplemental security income benefits 4558, the Noncitizen Benefit Clarification and the wishes of sick children. It is wrong Other Technical Amendments Act of 1998. could be lost by the child receiving for bureaucrats to turn a child’s wish Among other provisions, this bill addresses such a benefit. That could be a trip to into a parent’s nightmare. I urge my the Medicaid eligibility for individuals who Disney World, as I said, or some other colleagues to support H.R. 4558. receive Social Security Insurance (‘‘SSI’’). type of trip. Because those were I include for the RECORD a statement As you know, standards for medicaid eligi- deemed as a benefit, these children from the chairman of the board of the bility fall within the Committee’s jurisdic- were put at risk. Make-A-Wish Foundation: tion under Rule X of the Rules of the House My colleague, the gentleman from STATEMENT FROM THE CHAIRMAN OF THE of Representatives.  Because of the importance of this matter, Pennsylvania (Mr. ENGLISH) was abso- BOARD OF THE MAKE-A-WISH FOUNDATION I recognize your desire to bring this legisla- lutely instrumental in making this OF AMERICA REGARDING H.R. 4558 tion before the House in an expeditious man- change. This was a problem he had (By Tony Leal, Jr.) ner. Therefore, I will waive consideration of heard about, he knew about. He Since its founding in 1980, the Make-A- the bill by the Commerce Committee. By brought this to the attention of the Wish Foundation has striven to accomplish agreeing to waive its consideration of the committee and did a tremendous job in one simple task: to grant one special wish to bill, the Commerce Committee does not making this change. I just wanted to every child who is referred to us with a life- waive its jurisdiction over these provisions threatening illness. Our goal is to fulfill our make sure that the RECORD reflected or similar legislation. In addition, the Com- children’s fondest dream in a way that re- merce Committee reserves its authority to his leadership on this particular issue. lieves them and their families of the daily seek conferees on the provisions of the bill Mr. Speaker, I yield such time as he pain, stress, and worries that come when that are within the Commerce Committee’s may consume to the gentleman from children are forced to fight a very grown-up jurisdiction during any House-Senate con- Pennsylvania (Mr. ENGLISH). battle. Whether the wish is to visit a theme September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8501 park, meet a celebrity, go on a shopping need assistance and to protect them are in fact qualified immigrants whom spree or to be a cowboy at a dude ranch, our from the unintended effects of so-called the 1997 restoration was meant to bene- volunteers make sure every detail of the welfare reform. I hope we will remem- fit. Yet they will lose their benefits un- wish experience—every expense, every phone ber this serious error when next we try less we, their elected officials, grand- call, every travel arrangement—is taken care of. We don’t want families to have a to reform a program that provides crit- father these individuals. worry in the world as our wish children live ical assistance to our citizens and resi- Those who would lose assistance in- their fondest dreams. dents. clude the most vulnerable immigrants The dedicated staff and more than 13,000 I urge my colleagues to support this in need, the elderly and disabled, many volunteers of the Make-A-Wish Foundation vital legislation. homebound and frail, who are least have accomplished this task for more than Mr. UNDERWOOD. Mr. Speaker, the bill be- able to comprehend or respond to ef- 50,000 children since 1980. From time to time, fore us today, H.R. 4558, is important in that forts to reach out and protect them. we grant wishes to children whose families it clarifies the eligibility of immigrants in receiv- receive Supplemental Security Insurance For example, a 100 year old woman in benefits. Because many wishes, such as one ing Supplemental Security Income (SSI) bene- New York receiving 24 hour home care involving travel, include providing the fam- fits. As you know, the 1997 Balanced Budget is at risk of losing her benefits. I know ily with enough spending money to sustain Act permanently grandfathered most but not none of us wants this type of tragedy them through the experience, we have found all noncitizens who were receiving SSI bene- to occur. that an unintended consequence of the SSI fits when the welfare reform law was signed I urge my colleagues on both sides of eligibility rules has forced families to choose into law on August 22, 1996. About 22,000 the aisle to join me in supporting and between having their sick children’s wishes ``nonqualified'' noncitizens were grandfathered passing this legislation before the Sep- granted or retaining their SSI benefits. To through on September 30, 1998 in order to accept any spending money as part of the tember 30th, 1998 deadline and avoid a wish experience forces them to report in- give the Social Security Administration ade- needless crisis. creased income, resulting in a reduction—or quate time to determine their status. This leg- Mr. STARK. Mr. Speaker, I rise in support of in rare cases the elimination—of SSI bene- islation would clarify that these individualsÐ H.R. 4558, the Noncitizen Benefit Clarification fits. many of whom are elderly or disabled and and Other Technical Amendments Act of The effect of Section 7 of House Resolution who claim citizenship but lack documentation 1998. 4558 on our wish families would be to relieve or are not capable of documenting their immi- H.R. 4558 will extend Supplemental Security them from having to make the impossible gration statusÐwill continue to receive SSI choice between SSI benefits and a wish for Income (SSI) benefits for nonqualified aliens their children. After all, these families have benefits from the federal government. who were receiving benefits before the enact- enough tough decisions to make. The Make- While there should be strong and vigorous ment of welfare reform. A-Wish Foundation appreciates the dedica- debate on the ensuring that those most in This group of about 12,000 aliens, all of tion and attention that Make-A-Wish volun- need of public assistance not fall through the whom are elderly or disabled or both, will lose teers in our communities, as well as mem- safety net, perhaps it is not clearly known that SSI and Medicaid on October 1 of this year bers of Congress, have devoted to this issue. not all U.S. citizens are eligible for participa- unless Congress votes to permanently extend Mr. LEVIN. Mr. Speaker, I yield such tion in the SSI program. SSI is available to their benefits. The vast majority of affected re- time as he may consume to the gen- citizens who live in one of the 50 States; how- cipients reside in California. tleman from California (Mr. FILNER). ever, U.S. citizens residing in Guam, American The Federal Government has a responsibil- Mr. FILNER. Mr. Speaker, I thank Samoa, the U.S. Virgin Islands and Puerto ity to set guidelines that protect the vulnerable the gentleman for yielding me the Rico are not eligible for assistance under the in this country. As a society, we have an obli- time. SSI program. Given the fact that the cost of gation to support the elderly, the disabled and I thank the authors of H.R. 4558, the living is much higher in the territories than al- the poor. By gouging our food stamp program Noncitizen Benefit Clarification Act, most any mainland location, and given the fact and denying benefits to legal immigrants, wel- for their efforts that brought us this that we have a permanent cap on Medicaid, I fare reform doesn't even come close to those legislation today. When we passed the sincerely believe that there is a definite need standards. welfare reform bill in 1996, at that time to extend the SSI program to the territories. Welfare reform pushes more children into I cautioned my colleagues that we were Citizenship in this country and the privileges poverty and leaves more of the poor without reaching too far, that we were hurting associated with it should not be measured by the health care they need. I support this cor- people who genuinely needed assist- geographic choice in residency or the size of rection and believe we should be doing more ance, and we would have to right the one's pocketbook. Whether one chooses to to give the needy a helping hand. bill’s wrong at some point. live in Hagatna, St. Croix or Peoria, a federally Mr. CAMP. Mr. Speaker, I have no I am glad that today we will rein in funded program should be accessible to ev- further requests for time, and I yield the overreaching arm of this so-called eryone. back the balance of my time. reform, correct the overbite of this leg- I urge my colleagues to pass H.R. 4558 and Mr. LEVIN. Mr. Speaker, I yield back islation and bring comfort and aid to to extend the SSI program to the American the balance of my time. those unjustly affected. citizens in the territories. The SPEAKER pro tempore. The Among its several corrections, this Mr. TOWNS. Mr. Speaker, I rise question is on the motion offered by bill includes one that will immediately today in support of H.R. 4558 legisla- the gentleman from Michigan (Mr. impact and assist residents in my con- tion which will ‘‘grandfather’’ SSI and CAMP) that the House suspend the rules gressional district in San Diego, Cali- Medicaid eligibility for those elderly and pass the bill, H.R. 4558, as amend- fornia. When Congress approved that and disabled legal immigrants who ed. 1996 legislation, thousands of resident were receiving benefits on August 22, The question was taken; and (two- immigrants who had been receiving 1996 and are designated as ‘‘not quali- thirds having voted in favor thereof) SSI benefits had their benefit eligi- fied’’ under the 1996 welfare law. the rules were suspended and the bill, bility rescinded. The bill overreached Currently, over 12,000 such immi- as amended, was passed. and mistakenly categorized these peo- grants nationwide, most of whom are A motion to reconsider was laid on ple as nonqualified aliens ineligible to elderly, are scheduled to lose their SSI the table. receive SSI benefits. benefits on September 30, 1998. In New As I said at the time and as the So- York State alone, approximately 1,865 f cial Security Administration has since people will lose these benefits. Many in verified, the benefits of thousands of New York, and the rest of the country, b 1630 qualified recipients were swept away will also lose their Medicaid. by the extreme nature of the 1996 legis- Many in this group are actually RECESS lation. While Congress has sought to qualified immigrants eligible for con- The SPEAKER pro tempore (Mr. correct the situation and to help those tinuing to receive SSI benefits, but are HANSEN). Pursuant to clause 12 of rule individuals with short-term benefit ex- miscoded in the Social Security Ad- I, the Chair declares the House in re- tensions, today we will make that eli- ministration (SSA) files and stand to cess until approximately 4:45 p.m. gibility permanent. lose their benefits because of adminis- Accordingly (at 4 o’clock and 30 min- This legislation is about guarantee- trative error. Eighty percent or more utes p.m.), the House stood in recess ing humane treatment to people who of those coded ‘‘not qualified’’ by SSA until approximately 4:45 p.m. H8502 CONGRESSIONAL RECORD — HOUSE September 23, 1998 b 1647 House of Representatives should impeach the and responsibilities of his office on behalf President of the United States. By submit- and for the benefit of the people of the AFTER RECESS ting the Starr Report in the form he did, Mr. United States of America, by whom he had The recess having expired, the House Starr misused his powers and preempted the been duly elected. The acts by which Mr. was called to order by the Speaker pro proper exercise of the sole power of impeach- Starr violated his oath and his duties and ment that the Constitution assigned to the undermined the office of President and ob- tempore (Mr. HANSEN) at 4 o’clock and House of Representatives. Mr. Starr thereby structed, impeded, and impaired the ability 47 minutes p.m. committed a high crime and misdemeanor of the incumbent President to fully and ef- f against the Constitution and the people of fectively discharge the duties of that office the United States of America. include: PRIVILEGES OF THE HOUSE— (b) In his preparation and submission of (1) Mr. Starr unlawfully and improperly IMPEACHING KENNETH W. STARR the Starr Report, Mr. Starr further misused disclosed and authorized disclosures of grand Mr. HASTINGS of Florida. Mr. his powers and violated his duties as inde- jury material for the purpose of embarrass- Speaker, I rise to introduce a question pendent counsel and arrogated unto himself ing the President of the United States and and effectively preempted and undermined of privilege pursuant to rule IX and distracting him from and impairing his abil- the proper exercise of power of impeachment ity to execute the duties of the office to call up House Resolution 545 for consid- that the Constitution allocated exclusively which the people of the United States had eration. to the House of Representatives. Mr. Starr elected him. Mr. Starr has thereby commit- The SPEAKER pro tempore. The knew or should have known, and he acted to ted high crimes and misdemeanors against Clerk will report the resolution. assure, that the House of Representatives the Constitution and people of the United The Clerk read the resolution, as fol- would promptly release to the public any re- States. lows: port that he transmitted to the House of (2) Mr. Starr engaged in a wilfull and per- Representatives under the authority of Sec- sistent course of conduct that was calculated RESOLUTION tion 595(c). With that knowledge, Mr. Starr to and that did wrongfully demean, embar- Impeaching Kenneth W. Starr, an inde- prepared and transmitted a needlessly porno- rass, and defame an incumbent President of pendent counsel of the United States ap- graphic report calculated to inflame public the United States and that thereby under- pointed pursuant to 28 United States Code opinion and to preclude the House of Rep- mined and impaired the President’s ability § 593(b), of high crimes and misdemeanors. resentatives from following the procedures to properly execute the duties of the office to Resolved that Kenneth W. Starr, an inde- and observing the precedents it had estab- which the people of the United States had pendent counsel of the United States of lished for the conduct of a bipartisan inquiry elected him, including not only Mr. Starr’s America, is impeached for high crimes and to determine whether a President of the wrongful disclosures of grand fury material, misdemeanors, and that the following arti- United States had committed a high crime but also other improper conduct, such as his cles of impeachment be exhibited to the Sen- or misdemeanor in office meriting impeach- actions and conduct calculated to suggest, ate; ment. Mr. Starr thereby committed a high without foundation, that the incumbent Articles of Impeachment exhibited by the crime and misdemeanor against the Con- President had participated in preparing a so- House of Representatives of the United stitution and the people of the United called ‘‘talking points’’ outline to improp- States of America in the name of itself and States. erly influence the testimony of one or more of all the people of the United States of (2) Independent Counsel Kenneth W. Starr persons scheduled to be deposed in a private America, against Kenneth W. Starr, an inde- further usurped and arrogated unto himself civil action. By his wilful and persistent con- pendent counsel of the United States of the powers that belong solely to the House of duct in misrepresenting as well as improp- America, in maintenance and support of its Representatives by using and threatening to erly disclosing evidence that he had gath- impeachment against him for high crimes use the subpoena powers of a federal grand ered, Mr. Starr committed high crimes and and misdemeanors. jury to compel an incumbent President of misdemeanors against the Constitution and ARTICLE I the United States to testify before a federal the people of the United States of America. In his conduct of the office of independent grand jury as part of an investigation whose (3) Mr. Starr intentionally, willfully, and counsel, Kenneth W. Starr has violated his primary purpose had become and was the de- improperly embarrassed the people and the oath and his statutory and constitutional velopment of evidence that the President President of the United States by including duties as an officer of the United States and had committed high crimes and misdemean- in the Starr Report an unnecessary and im- has acted in ways that were calculated to ors justifying his impeachment and removal proper and extended detailed, salacious, and and that did usurp the sole power of im- from office. With respect to the President of pornographic narrative account of the con- peachment that the Constitution of the the United States, the only means by which sensual sexual encounters that a grand jury United States vests exclusively in the House the holder of that office may be called to ac- witness testified she had with the incumbent of Representatives and that were calculated count for his conduct in office is through the President of the United States. By including to and did obstruct and impede the House of exercise by the House of Representatives of the unnecessary and improper pornographic Representatives in the proper exercise of its the investigative powers that the constitu- narrative, Mr. Starr intended to and did un- sole power of impeachment. The acts by tional assignment of the sole power of im- dermine and imperil the ability of the Presi- which Independent Counsel Starr violated peachment conferred upon it. Mr. Starr im- dent to conduct the foreign relations of his duties and attempted to and did usurp properly used and manipulated the powers of United States of America and otherwise to the sole power of impeachment and impede the grand jury and his office to effectively execute the duties of the office to which the its proper exercise include: impeach the President of the United States people of the United States had elected him, (1) On September 9, 1998, Independent of America and to force the House of Rep- and he knowingly and improperly embar- Counsel Kenneth W. Starr transmitted two resentatives to ratify his decision. Mr. Starr rassed the United States as a nation. By in- copies of a ‘‘Referral to the United States thereby committed a high crime and mis- cluding that narrative, knowing and intend- House of Representatives pursuant to Title demeanor against the Constitution and the ing that it would be published and dissemi- 28, United States Code, § 595(c).’’ As part of people of the United States. nated, Mr. Starr committed a high crime and that Referral, Mr. Starr submitted a 445-page In all this, Kenneth W. Starr has acted in misdemeanor against the Constitution and report (the ‘‘Starr Report’’) that included an a manner contrary to his trust as an inde- the people of the United States of America. extended narration and analysis of evidence pendent counsel of the United States and In all of this, Kenneth W. Starr has acted presented to a grand jury and of other mate- subversive of constitutional government, to in a manner contrary to his trust as an inde- rial and that specified the grounds upon the great prejudice of the cause of law and pendent counsel of the United States and which Mr. Starr had concluded that a duly justice, and to the manifest injury of the subversive of constitutional government, to elected President of the United States should people of the United States. the great prejudice of the cause of law and be impeached by the House of Representa- Wherefore Kenneth W. Starr, by such con- justice, and to the manifest injury of the tives. By submitting the Starr Report, Mr. duct, warrants impeachment and trial, and people of the United States. Starr usurped the sole power of impeach- removal from office. Wherefore Kenneth W. Starr, by such con- ment and impeded the House in the proper ARTICLE II duct, warrants impeachment and trial, and exercise of that power in various ways, in- In his conduct of the office of independent removal from office. cluding the following: counsel, Kenneth W. Starr violated the oath ARTICLE III (a) In preparing the Starr Report, Mr. he took to support and defend the Constitu- In his conduct of the office of independent Starr misused the powers granted and vio- tion of the United States of America and his counsel, Kenneth W. Starr violated the oath lated the duties assigned independent coun- duties as an officer of the United States and he took to support and defend the Constitu- sel under the provisions of Title 28 of the acted in ways that were calculated to and tion of the United States of America and the United States Code. Section 595(c) does not that did unconstitutionally undermine the duties he had assumed as an office of the authorize or require independent counsel to office of President of the United States and United States and acted in ways that were submit a report narrating and analyzing the obstruct, impede, and impair the ability of calculated to and that did unconstitution- evidence and identifying the specific grounds an incumbent President of the United States ally arrogate unto himself powers that the on which independent counsel believes the to fully and effectively discharge the duties Constitution of the United States assigned September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8503 to the federal courts; that were calculated to did undermine the ability of the Legislative Boehner Hayworth Oxley and did undermine the institution of the Branch, the Executive Branch, and the Judi- Bonilla Hefley Packard grand jury established by the Constitution of cial Branch to effectively exercise the pow- Bono Herger Pallone Borski Hill Pappas the United States; and that were calculated ers and discharge the duties assigned to each Boswell Hilleary Parker to and did undermine and bring into disre- by the Constitution of the United States of Boucher Hobson Pascrell pute the office of independent counsel and America. He has unconstitutionally and im- Boyd Hoekstra Paul offices of all those charged with investigat- properly exercised powers that were not his Brady (TX) Holden Paxon ing and prosecuting crimes against the to exercise and has acted in ways that were Bryant Horn Pease United States. The acts by which Mr. Starr calculated to and did improperly demean a Bunning Hostettler Peterson (MN) violated his oath and his duties and by which President of the United States and diminish Burr Houghton Peterson (PA) Buyer Hoyer Petri he undermined the federal courts and the the capacity of the President to effectively Callahan Hulshof Pickering grand jury and undermined and demeaned discharge the duties that the people of the Calvert Hutchinson Pickett the office and role of all federal prosecutors United States elected him to perform. He has Camp Hyde Pitts include: unconstitutionally and improperly exercised Campbell Inglis Pombo (1) Mr. Starr disclosed and authorized and his powers and has acted in ways that were Canady Istook Pomeroy approved the disclosure and misuse of grand calculated to and did demean the House of Cannon Jackson-Lee Porter jury materials in violation of Rule 6(e)(2) of Representatives and that have effectively de- Capps (TX) Portman the Federal Rules of Criminal Procedure and Cardin Jenkins Price (NC) prived the House of Representatives of its Castle John Quinn with contempt for the federal courts and for right to exercise its sole power of impeach- Chabot Johnson (CT) Radanovich the rights of those who appear before grand ment in a deliberate and bipartisan manner Chambliss Johnson (WI) Ramstad juries of the United States and of those who that was consistent with the procedures and Chenoweth Johnson, Sam Redmond are subjects of grand jury investigations. precedents it had established in prior pro- Christensen Jones Regula (2) Throughout his investigations, Mr. ceedings and inquiries to determine whether Clement Kasich Reyes Starr abused the powers of his office and the President of the United States should be Coble Kelly Riley condoned the abuse of those powers to im- Collins Kennedy (MA) Rivers impeached. He has unlawfully and improp- Combest Kildee Rodriguez properly intimidate and manipulate citizens erly exercised his powers in ways that de- Condit Kim Roemer of the United States who were interviewed or meaned the institution of the federal grand Cook Kind (WI) Rogan called to testify before a grand jury or who jury, that demonstrated contempt of the Cooksey King (NY) Rogers were actual or potential targets of his inves- courts of the United States and the rules Costello Kingston Rohrabacher tigations and to deprive them of rights guar- that govern their proceedings, and that de- Cox Kleczka Ros-Lehtinen anteed to all citizens of the United States. meaned the office of independent counsel and Coyne Klink Rothman Mr. Starr and subordinates for whose con- Cramer Klug Roukema offices of all those charged with responsibil- Crane Knollenberg Roybal-Allard duct he is responsible further abused and ity for seeing that the laws of the United Crapo Kolbe Royce misused the powers of the office of independ- States are faithfully executed. By his con- Cubin Kucinich Ryun ent counsel and the powers of the grand jury duct as an independent counsel, Kenneth W. Cunningham LaFalce Salmon to improperly invade and needlessly intrude Starr has committed high crimes and mis- Danner LaHood Sanchez upon the privacy of individuals and to de- demeanors against the Constitution and the Davis (FL) Lampson Sandlin mean the rights guaranteed to all by the people of the United States. Davis (VA) Lantos Sanford First and Fifth Amendments to the Con- Deal Largent Sawyer In all of this, Kenneth W. Starr has acted DeGette Latham Saxton stitution of the United States. in a manner contrary to his trust as an inde- Delahunt LaTourette Scarborough (3) Throughout his investigations, Mr. pendent counsel of the United States and DeLauro Lazio Schaefer, Dan Starr has abused and misused and has au- subversive of constitutional government, to DeLay Leach Schaffer, Bob thorized and approved the abuse and misuse the great prejudice of the cause of law and Dickey Levin Sensenbrenner of the powers of his office in ways that have justice, and to the manifest injury of the Dicks Lewis (CA) Serrano demeaned the prosecutorial office and that people of the United States. Dingell Lewis (KY) Sessions have undermined and will undermine the Doggett Linder Shadegg Wherefore Kenneth W. Starr, by such con- Dooley Lipinski Shays ability of other prosecutorial officers of the duct, warrants impeachment and trial, and Doolittle Livingston Sherman United States to discharge their duty to removal from office. Doyle LoBiondo Shimkus take care that laws of the United States be Dreier Lowey Shuster faithfully executed. b 1700 Duncan Lucas Sisisky (4) In his conduct of the office of the inde- Dunn Luther Skaggs pendent counsel, Mr. Starr has needlessly The SPEAKER pro tempore (Mr. Edwards Maloney (CT) Skeen and unjustifiably expended and wasted funds HANSEN). The resolution constitutes a Ehlers Manton Skelton Ehrlich Manzullo Smith (MI) of the United States. Over the past four question of the privileges of the House Emerson Markey Smith (NJ) years, Mr. Starr has expended more than under rule IX. English Mascara Smith (OR) forty million dollars ($40,000,000) in a relent- Eshoo Matsui Smith (TX) MOTION TO TABLE OFFERED BY MR. LAHOOD less pursuit of investigations and prosecu- Etheridge McCarthy (MO) Smith, Adam tions that he knew or should have known did Mr. LAHOOD. Mr. Speaker, I move to Evans McCarthy (NY) Smith, Linda not merit and could not justify such extraor- table the resolution. Everett McCollum Snowbarger dinary expenditures. The SPEAKER pro tempore. The Ewing McCrery Snyder By the conduct described in this Article III Fawell McDermott Solomon question is on the motion offered by Fazio McGovern Souder of these Articles of Impeachment, Kenneth the gentleman from Illinois (Mr. Foley McHale Spence W. Starr committed high crimes and mis- LAHOOD) to lay House Resolution 545 Forbes McHugh Spratt demeanors against the Constitution and the on the table. Fossella McInnis Stabenow people of the United States of America. Fowler McIntosh Stark In all of this, Kenneth W. Starr has acted The question was taken; and the Fox McIntyre Stearns in a manner contrary to his trust as an inde- Speaker pro tempore announced that Frank (MA) McKeon Stenholm pendent counsel of the United States and the ayes appeared to have it. Franks (NJ) McNulty Strickland Frelinghuysen Meehan Stump subversive of constitutional government, to Mr. HASTINGS of Florida. Mr. Gallegly Metcalf Stupak the great prejudice of the cause of law and Speaker, on that I demand the yeas Ganske Mica Sununu justice, and to the manifest injury of the and nays. Gejdenson Miller (CA) Talent people of the United States. The yeas and nays were ordered. Gekas Miller (FL) Tanner Wherefore Kenneth W. Starr, by such con- Gibbons Minge Tauscher duct, warrants impeachment and trial, and The vote was taken by electronic de- Gilchrest Moakley Tauzin removal from office. vice, and there were— yeas 340, nays 71, Gillmor Mollohan Taylor (MS) not voting 23, as follows: Gilman Moran (KS) Taylor (NC) ARTICLE IV Goode Moran (VA) Thomas By his conduct as an officer of the United [Roll No 453] Goodlatte Morella Thornberry States of America, including the conduct de- YEAS—340 Goodling Murtha Thune Granger Myrick Thurman scribed in Articles I through III of these Ar- Abercrombie Barcia Bereuter Greenwood Neal Tiahrt ticles of Impeachment, Kenneth W. Starr has Aderholt Barr Berman Gutknecht Nethercutt Tierney violated the oath he took to uphold and de- Allen Barrett (NE) Berry Hall (OH) Neumann Traficant fend the Constitution of the United States of Archer Barrett (WI) Bilbray Hall (TX) Ney Turner America. He has acted and persisted in act- Armey Bartlett Bilirakis Hamilton Northup Upton Bachus Barton Bishop Hansen Norwood Visclosky ing in ways that were calculated to and did Baesler Bass Blagojevich embarrass the United States and the people Harman Nussle Walsh Baker Bateman Bliley Hastert Obey Wamp of the United States before the international Baldacci Becerra Blunt Hastings (WA) Ortiz Watkins community and that were calculated to and Ballenger Bentsen Boehlert H8504 CONGRESSIONAL RECORD — HOUSE September 23, 1998 Waxman White Wolf b 1730 stitute a legitimate question of privi- Weldon (FL) Whitfield Woolsey Weldon (PA) Wicker Young (AK) lege. PRIVILEGES OF THE HOUSE—OR- Mr. Speaker, let me just cite line 15 Weller Wilson Young (FL) DERING IMMEDIATE PRINTING Weygand Wise of the resolution that passed the OF ENTIRE COMMUNICATION RE- House. It says, ‘‘The balance of such NAYS—71 CEIVED ON SEPTEMBER 9, 1998, material shall be deemed to have been Ackerman Furse Millender- FROM AN INDEPENDENT COUN- received in executive session, but shall Andrews Gephardt McDonald SEL Blumenauer Gordon Mink be released from the status on Septem- Bonior Green Nadler Mr. CONDIT. Mr. Speaker, I offer a ber 28, 1998, except as otherwise deter- Brady (PA) Gutierrez Oberstar resolution (H. Res. 546) and ask for its mined by the committee.’’ Brown (CA) Hastings (FL) Olver Brown (FL) Hefner Owens immediate consideration. That is the rule of the House. There- Brown (OH) Hilliard Pastor The SPEAKER pro tempore (Mr. fore, Mr. Speaker, the gentleman’s res- Carson Hinchey Payne HANSEN). The Clerk will report the res- olution does not constitute a legiti- Clay Hinojosa Pelosi olution. mate question of privilege in that Clayton Hooley Rahall Clyburn Jackson (IL) Rangel The Clerk read the resolution, as fol- change of House rule, and a privilege Conyers Jefferson Rush lows: clearly is not in order. Cummings Johnson, E.B. Sabo H. RES. 546 The SPEAKER pro tempore. Are Davis (IL) Kanjorski Scott DeFazio Kennedy (RI) Slaughter Whereas the entire communication of the there other Members who want to be Deutsch Kilpatrick Stokes Office of the Independent Counsel received heard on this question? Dixon Lee Thompson by the House of Representatives on Septem- Mr. DEUTSCH. Mr. Speaker, I wish Engel Lewis (GA) Vento ber 9, 1998, includes information of fun- to be heard. Farr Martinez Waters damental constitutional importance; Fattah McKinney Watt (NC) The SPEAKER pro tempore. The Filner Meek (FL) Wexler Whereas the American people have a right Chair recognizes the gentleman from to receive and review this communication in Ford Meeks (NY) Wynn Florida (Mr. DEUTSCH). Frost Menendez Yates its entirety; Mr. DEUTSCH. Mr. Speaker, I appre- Whereas the House Committee on the Judi- NOT VOTING—23 ciary has failed to make the entire commu- ciate the comments of the distin- Burton Kaptur Sanders nication available to the American people; guished chairman of the Committee on Coburn Kennelly Schumer and Rules regarding the standard of what Diaz-Balart Lofgren Shaw Whereas failure to make the entire com- privilege is. I would agree with him Ensign Maloney (NY) Torres munication available to the American people completely, that is the standard of Gonzalez McDade Towns raises a question of privilege affecting the Goss Poshard Velazquez what privilege is. Graham Pryce (OH) Watts (OK) dignity and integrity of the proceedings of I would also say, though, that I be- Hunter Riggs the House under rule IX of the Rules of the lieve this resolution clearly meets that House of Representatives: Now, therefore, be it standard, because what is going on b 1724 Resolved, That the entire communication right now in the Committee on the Ju- diciary with the selective release of in- Messrs. KIM, LINDER, BALDACCI, received, including all appendices and relat- ed materials, on September 9, 1998, from an formation is clearly a disservice on MCDERMOTT, LUTHER, SAWYER, independent counsel, pursuant to section this House, and is clearly putting this ALLEN, COSTELLO and ROHR- 595(c) of title 28, United States Code, shall be House in disrepute, which is exactly ABACHER and Mrs. JOHNSON of Con- printed immediately as a document of the what the rules of the House in terms of necticut and Ms. SANCHEZ changed House of Representatives. our privileged resolution are set up to their vote from ‘‘nay’’ to ‘‘yea.’’ The SPEAKER pro tempore. Does deal with. So the motion to table was agreed to. any Member wish to be heard on the I would say to the gentleman and to The result of the vote was announced question of whether the resolution con- the Speaker that this resolution is as above recorded. stitutes a question of privilege? clearly exactly why we have privileged A motion to reconsider was laid on Mr. SOLOMON. Mr. Speaker, I wish resolutions in the House. What is hap- the table. to be heard on the question of whether pening right now in terms of the proce- the resolution offered by the gen- dures of the Committee on the Judici- f tleman from California constitutes a ary, in terms of what has happened question of privilege. with the release of information, in the The SPEAKER pro tempore. The gen- partisanship that has occurred within PERSONAL EXPLANATION tleman from New York (Mr. SOLOMON) that committee, is absolutely putting Mr. ENSIGN. Mr. Speaker, on rollcall No. is recognized. this House into the type of situation, 453, I was detained due to mechanical difficul- Mr. SOLOMON. Mr. Speaker, ques- the type of disrespect that privileged ties on my flight back to Washington, D.C. tions of privilege under rule IX are resolutions are exactly in purpose for Had I been present, I would have voted ``yea.'' those affecting the rights of the House using. collectively, its safety, its dignity, and I would urge the Speaker to rule this f the integrity of its proceedings, and in order, and I urge its adoption. the rights, reputation, and the conduct Mr. CONDIT. Mr. Speaker, I want to of Members. A question of privilege, PERSONAL EXPLANATION speak to the resolution. Mr. Speaker, may not be raised to ef- The SPEAKER pro tempore. The gen- Mr. GRAHAM. Mr. Speaker, on rollcall No. fect a change in House rules. tleman from California (Mr. CONDIT) is 453, I was in meetings with Members of Par- Mr. Speaker, House Rule 525, which recognized. liament from the U.K. and missed the vote. was adopted by the House on Septem- Mr. CONDIT. Mr. Speaker, I under- Had I been present, I would have voted ``yea.'' ber 11 by a vote of 363 to 63, delegated stand the point of the chairman of the the authority to review and release Committee on Rules. This is an at- f Independent Counsel Starr’s report tempt to allow all the Members of this from the House to the Committee on House to have access to the informa- PERSONAL EXPLANATION the Judiciary. tion. It is an attempt to speed the proc- The House delegated this authority ess along so we can bring it to closure. Ms. LOFGREN. Mr. Speaker, I would to the Committee on the Judiciary as The American people want us to bring like to note that on rollcall vote 453, I an exercise in its rule-making power. this issue to closure. was absent because of the cancellation Mr. Speaker, the resolution offered by There is no reason why every Mem- of the United flight from San Jose and the gentleman from California (Mr. ber of this House cannot have that in- the inability to rebook all the pas- CONDIT) seeks to change the rule of the formation. We are not grade school sengers. House as established in House Resolu- kids. We understand it, and we know Had I been present, I would have tion 525. Therefore, Mr. Speaker, the ultimately we need to make a decision. voted ‘‘aye.’’ gentleman’s resolution does not con- So my intent, Mr. Speaker, is simply September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8505 to speed this process along so that we Concurrent Resolution 315, by the yeas Hefner McGovern Sanchez Herger McHale Sandlin can make a decision and get back to and nays; S. 1355, de novo; and H.R. 81, Hill McHugh Sanford the business of living our lives and run- de novo.. Hilleary McInnis Sawyer ning this country. The first vote will be a 15-minute Hilliard McIntosh Saxton Mr. SOLOMON. Mr. Speaker, I ask vote. The subsequent votes will be 5- Hinchey McIntyre Scarborough Hinojosa McKeon Schaefer, Dan for a ruling. minute votes. Hobson McKinney Schaffer, Bob The SPEAKER pro tempore. The Hoekstra McNulty Scott Chair is prepared to rule. f Holden Meehan Sensenbrenner The gentleman from California (Mr. Hooley Meek (FL) Serrano EXPRESSING SUPPORT FOR BICEN- Horn Meeks (NY) Sessions CONDIT) offers House Resolution 546 as TENNIAL OF LEWIS AND CLARK Hostettler Menendez Shadegg a question of the privileges of the Houghton Metcalf Shays EXPEDITION House under rule IX. The resolution Hoyer Mica Sherman The SPEAKER pro tempore. The Hulshof Miller (CA) Shimkus would direct the Committee on the Ju- Hunter Miller (FL) Shuster diciary to release all executive session pending business is the question de Hutchinson Minge Sisisky material referred to the committee by novo of suspending the rules and agree- Hyde Mink Skaggs the House pursuant to House Resolu- ing to the resolution, House Resolution Inglis Moakley Skeen Istook Mollohan Skelton tion 525. 144, as amended. Jackson (IL) Moran (KS) Slaughter That resolution was reported to the The Clerk read the title of the resolu- Jackson-Lee Moran (VA) Smith (MI) House by the Committee on Rules as a tion. (TX) Morella Smith (NJ) The SPEAKER pro tempore. The Jefferson Murtha Smith (OR) privileged rule, and its adoption gov- Jenkins Myrick Smith (TX) erns subsequent review and release of question is on the motion offered by John Nadler Smith, Adam that executive session material re- the gentlewoman from Idaho (Mrs. Johnson (CT) Neal Smith, Linda ferred to the Committee on the Judici- CHENOWETH) that the House suspend Johnson (WI) Nethercutt Snowbarger Johnson, E. B. Neumann Snyder ary. the rules and agree to the resolution, Johnson, Sam Ney Solomon A resolution may not be offered H. Res. 144, as amended. Jones Northup Souder under the guise of a question of the The question was taken. Kanjorski Norwood Spence privileges of the House if it effects a Kasich Nussle Spratt RECORDED VOTE Kelly Oberstar Stabenow change in the rules or standing orders Mr. BEREUTER. Mr. Speaker, I de- Kennedy (MA) Obey Stark of the House or their interpretation. mand a recorded vote. Kennedy (RI) Olver Stearns This principle is annotated in section Kildee Ortiz Stenholm A recorded vote was ordered. Kilpatrick Owens Stokes 662f of the House Rules and Manual. The vote was taken by electronic de- Kim Oxley Strickland The House has delegated to the Com- vice, and there were—ayes 416, noes 0, Kind (WI) Packard Stump mittee on the Judiciary the final deci- not voting 18, as follows: King (NY) Pallone Stupak sion-making authority on the extent of Kingston Pappas Sununu [Roll No. 454] Kleczka Parker Talent release from executive session of mate- AYES—416 Klink Pascrell Tanner rials contained in the Independent Klug Pastor Tauscher Counsel’s report. Indeed, section 2 of Abercrombie Canady Ehlers Knollenberg Paul Tauzin Ackerman Cannon Ehrlich Kolbe Paxon Taylor (MS) House Resolution 525 establishes a re- Aderholt Capps Emerson Kucinich Payne Taylor (NC) lease date for all materials contained Allen Cardin Engel LaFalce Pease Thomas in that report, except as otherwise de- Andrews Carson English LaHood Pelosi Thompson Archer Castle Eshoo termined by the Committee on the Ju- Lampson Peterson (MN) Thornberry Armey Chabot Etheridge Lantos Peterson (PA) Thune diciary. Bachus Chambliss Evans Largent Petri Thurman In an illustrative case under the Baesler Chenoweth Everett Latham Pickering Tiahrt precedents, even an alleged refusal by Baker Christensen Ewing LaTourette Pickett Tierney Baldacci Clay Farr Lazio Pitts Towns the committee to make certain staff Ballenger Clayton Fattah Leach Pombo Traficant memos available to the public, and re- Barcia Clement Fawell Lee Pomeroy Turner fusal to permit committee Members to Barr Clyburn Fazio Levin Porter Upton Barrett (NE) Coble Filner take photostatic copies of committee Lewis (CA) Portman Vento Barrett (WI) Coburn Foley Lewis (GA) Price (NC) Visclosky files, have been held not to constitute Bartlett Collins Forbes Lewis (KY) Quinn Walsh questions of privilege. This principle is Barton Combest Ford Linder Rahall Wamp annotated in section 662d of the man- Bass Condit Fossella Lipinski Ramstad Waters Bateman Conyers Fowler Livingston Rangel Watkins ual. Becerra Cook Fox LoBiondo Redmond Watt (NC) To rule otherwise would suggest that Bentsen Cooksey Frank (MA) Lofgren Regula Watts (OK) valid committee determinations as to Bereuter Costello Franks (NJ) Lowey Reyes Waxman Berman Cox Frelinghuysen the executive session nature of com- Lucas Riley Weldon (FL) Berry Coyne Frost Luther Rivers Weldon (PA) mittee files could be collaterally chal- Bilbray Cramer Furse Maloney (CT) Rodriguez Weller lenged under the guise of questions of Bilirakis Crane Gallegly Maloney (NY) Roemer Wexler privileges. Bishop Crapo Ganske Manton Rogan Weygand Blagojevich Cubin Gejdenson Manzullo Rogers White In the opinion of the Chair, the reso- Bliley Cummings Gekas Markey Rohrabacher Whitfield lution does not constitute a question of Blumenauer Cunningham Gephardt Martinez Ros-Lehtinen Wicker the privileges of the House within the Blunt Danner Gibbons Mascara Rothman Wilson Boehlert Davis (FL) Gilchrest meaning of rule IX, and may not be Matsui Roukema Wise Boehner Davis (IL) Gilman McCarthy (MO) Roybal-Allard Wolf considered at this time. Bonilla Davis (VA) Goode McCarthy (NY) Royce Woolsey Mr. CONDIT. I thank the Speaker. Bonior Deal Goodlatte McCollum Rush Wynn Bono DeFazio Goodling f McCrery Ryun Yates Borski DeGette Gordon McDade Sabo Young (AK) ANNOUNCEMENT BY THE SPEAKER Boswell Delahunt Graham McDermott Salmon Young (FL) Boucher DeLauro Granger PRO TEMPORE Boyd DeLay Green NOT VOTING—18 The SPEAKER pro tempore. Pursu- Brady (PA) Deutsch Greenwood Burton Kennelly Sanders Brady (TX) Dickey Gutierrez ant to clause 5 of rule I, the Chair will Diaz-Balart Millender- Schumer Brown (CA) Dicks Gutknecht Ensign McDonald Shaw now put the question on each motion Brown (FL) Dingell Hall (OH) Gillmor Poshard Torres to suspend the rules on which further Brown (OH) Dixon Hall (TX) Gonzalez Pryce (OH) Velazquez proceedings were postponed earlier Bryant Doggett Hamilton Goss Radanovich Bunning Dooley Hansen Kaptur Riggs today in the order in which that mo- Burr Doolittle Harman tion was entertained. Buyer Doyle Hastert b Votes will be taken in the following Callahan Dreier Hastings (FL) 1754 Calvert Duncan Hastings (WA) order: House Resolution 144, de novo; Camp Dunn Hayworth So (two-thirds having voted in favor House Resolution 505, de novo; House Campbell Edwards Hefley thereof) the rules were suspended and H8506 CONGRESSIONAL RECORD — HOUSE September 23, 1998 the resolution, as amended, was agreed Costello Hostettler Myrick Strickland Tiahrt Weldon (PA) Cox Houghton Nadler Stump Tierney Weller to. Coyne Hoyer Neal Stupak Towns Wexler The result of the vote was announced Cramer Hulshof Nethercutt Sununu Traficant Weygand as above recorded. Crane Hunter Neumann Talent Turner White A motion to reconsider was laid on Crapo Hutchinson Ney Tanner Upton Whitfield Cubin Inglis Northup Tauscher Vento Wicker the table. Cummings Istook Norwood Tauzin Visclosky Wilson f Cunningham Jackson (IL) Nussle Taylor (MS) Walsh Wise Danner Jackson-Lee Oberstar Taylor (NC) Wamp Wolf Davis (FL) (TX) Obey Thomas Watkins Woolsey PERSONAL EXPLANATION Davis (IL) Jefferson Olver Thompson Watt (NC) Wynn Mr. ENSIGN. Mr. Speaker, on rollcall No. Davis (VA) Jenkins Ortiz Thornberry Watts (OK) Young (AK) Deal John Owens Thune Waxman Young (FL) 454, I was detained due to mechanical prob- DeFazio Johnson (CT) Oxley Thurman Weldon (FL) lems on my flight back to Washington, D.C. DeGette Johnson (WI) Packard NOES—1 Had I been present, I would have voted ``aye.'' Delahunt Johnson, E. B. Pallone DeLauro Johnson, Sam Pappas Paul f DeLay Jones Parker Deutsch Kanjorski Pascrell NOT VOTING—19 ANNOUNCEMENT BY THE SPEAKER Dickey Kaptur Pastor Becerra Kennelly Shaw PRO TEMPORE Dicks Kasich Paxon Burton Martinez Torres Dingell Kelly Payne Diaz-Balart Poshard Velazquez The SPEAKER pro tempore (Mr. Dixon Kennedy (MA) Pease Ensign Pryce (OH) Waters HANSEN). Pursuant to the provisions of Doggett Kennedy (RI) Pelosi Gonzalez Riggs Yates clause 5 of rule I, the Chair announces Dooley Kildee Peterson (MN) Goss Sanchez Doolittle Kilpatrick Peterson (PA) Hyde Sanders that he will reduce to a minimum of 5 Doyle Kim Petri minutes the period of time within Dreier Kind (WI) Pickering b 1804 which a vote by electronic device may Duncan King (NY) Pickett Dunn Kingston Pitts So (two-thirds having voted in favor be taken on each additional motion to Edwards Kleczka Pombo thereof) the rules were suspended and suspend the rules on which the Chair Ehlers Klink Pomeroy the resolution was agreed to. has postponed further proceedings. Ehrlich Klug Porter The result of the vote was announced Emerson Knollenberg Portman f Engel Kolbe Price (NC) as above recorded. English Kucinich Quinn A motion to reconsider was laid on SENSE OF THE HOUSE WITH RE- Eshoo LaFalce Radanovich the table. SPECT TO IMPORTANCE OF DIP- Etheridge LaHood Rahall Evans Lampson Ramstad f LOMATIC RELATIONS WITH PA- Everett Lantos Rangel CIFIC ISLAND NATIONS Ewing Largent Redmond PERSONAL EXPLANATION The SPEAKER pro tempore. The Farr Latham Regula Fattah LaTourette Reyes Mr. ENSIGN. Mr. Speaker, on rollcall No. pending business is the question of sus- Fawell Lazio Riley 455, I was detained due to mechanical difficul- pending the rules and agreeing to the Fazio Leach Rivers ties on my flight back to Washington, D.C. resolution, H. Res. 505. Filner Lee Rodriguez Had I been present, I would have voted ``aye.'' Foley Levin Roemer The Clerk read the title of the resolu- Forbes Lewis (CA) Rogan f tion. Ford Lewis (GA) Rogers The SPEAKER pro tempore. The Fossella Lewis (KY) Rohrabacher SENSE OF CONGRESS CONDEMN- question is on the motion offered by Fowler Linder Ros-Lehtinen ING ATROCITIES BY SERBIAN Fox Lipinski Rothman the gentleman from New York (Mr. Frank (MA) Livingston Roukema POLICE AND MILITARY FORCES GILMAN) that the House suspend the Franks (NJ) LoBiondo Roybal-Allard AGAINST ALBANIANS IN KOSOVA rules and agree to the resolution, H. Frelinghuysen Lofgren Royce Frost Lowey Rush The SPEAKER pro tempore (Mr. Res. 505. Furse Lucas Ryun SNOWBARGER). The pending business is The question was taken. Gallegly Luther Sabo the question of suspending the rules RECORDED VOTE Ganske Maloney (CT) Salmon and agreeing to the concurrent resolu- Gejdenson Maloney (NY) Sandlin Mr. FRANK of Massachusetts. Mr. Gekas Manton Sanford tion, H. Con. Res. 315, as amended. Speaker, I demand a recorded vote. Gephardt Manzullo Sawyer The Clerk read the title of the con- A recorded vote was ordered. Gibbons Markey Saxton current resolution. Gilchrest Mascara Scarborough The SPEAKER pro tempore. This Gillmor Matsui Schaefer, Dan The SPEAKER pro tempore. The will be a 5-minute vote. Gilman McCarthy (MO) Schaffer, Bob question is on the motion offered by The vote was taken by electronic de- Goode McCarthy (NY) Schumer the gentleman from New York (Mr. vice, and there were—ayes 414, noes 1, Goodlatte McCollum Scott GILMAN) that the House suspend the Goodling McCrery Sensenbrenner not voting 19, as follows: Gordon McDade Serrano rules and agree to the concurrent reso- [Roll No. 455] Graham McDermott Sessions lution, H. Con. Res. 315, as amended, on Granger McGovern Shadegg which the yeas and nays are ordered. AYES—414 Green McHale Shays Abercrombie Bilirakis Calvert Greenwood McHugh Sherman This will be a 5-minute vote. Ackerman Bishop Camp Gutierrez McInnis Shimkus The vote was taken by electronic de- Aderholt Blagojevich Campbell Gutknecht McIntosh Shuster vice, and there were—yeas 410, nays 0, Allen Bliley Canady Hall (OH) McIntyre Sisisky answered ‘‘present’’ 1, not voting 23, as Andrews Blumenauer Cannon Hall (TX) McKeon Skaggs Archer Blunt Capps Hamilton McKinney Skeen follows: Armey Boehlert Cardin Hansen McNulty Skelton [Roll No. 456] Bachus Boehner Carson Harman Meehan Slaughter Baesler Bonilla Castle Hastert Meek (FL) Smith (MI) YEAS—410 Baker Bonior Chabot Hastings (FL) Meeks (NY) Smith (NJ) Abercrombie Bartlett Boehner Baldacci Bono Chambliss Hastings (WA) Menendez Smith (OR) Ackerman Barton Bonilla Ballenger Borski Chenoweth Hayworth Metcalf Smith (TX) Aderholt Bass Bonior Barcia Boswell Christensen Hefley Mica Smith, Adam Allen Bateman Bono Barr Boucher Clay Hefner Millender- Smith, Linda Andrews Bentsen Borski Barrett (NE) Boyd Clayton Herger McDonald Snowbarger Archer Bereuter Boswell Barrett (WI) Brady (PA) Clement Hill Miller (CA) Snyder Armey Berman Boucher Bartlett Brady (TX) Clyburn Hilleary Miller (FL) Solomon Bachus Berry Boyd Barton Brown (CA) Coble Hilliard Minge Souder Baesler Bilbray Brady (PA) Bass Brown (FL) Coburn Hinchey Mink Spence Baker Bilirakis Brady (TX) Bateman Brown (OH) Collins Hinojosa Moakley Spratt Baldacci Bishop Brown (CA) Bentsen Bryant Combest Hobson Mollohan Stabenow Ballenger Blagojevich Brown (FL) Bereuter Bunning Condit Hoekstra Moran (KS) Stark Barcia Bliley Brown (OH) Berman Burr Conyers Holden Moran (VA) Stearns Barr Blumenauer Bryant Berry Buyer Cook Hooley Morella Stenholm Barrett (NE) Blunt Bunning Bilbray Callahan Cooksey Horn Murtha Stokes Barrett (WI) Boehlert Burr September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8507 Buyer Green McIntosh Shuster Stump Wamp b 1815 Callahan Greenwood McIntyre Sisisky Stupak Waters Calvert Gutierrez McKeon Skaggs Sununu Watkins Camp Gutknecht McKinney Skeen Talent Watt (NC) ROBERT K. RODIBAUGH UNITED Campbell Hall (OH) McNulty Skelton Tanner Watts (OK) STATES BANKRUPTCY COURT- Canady Hall (TX) Meehan Slaughter Tauscher Waxman HOUSE Capps Hamilton Meek (FL) Smith (MI) Tauzin Weldon (FL) Cardin Hansen Meeks (NY) Smith (NJ) Taylor (MS) Weldon (PA) The SPEAKER pro tempore (Mr. Carson Harman Menendez Smith (OR) Taylor (NC) Weller SNOWBARGER). The pending business is Castle Hastert Metcalf Smith (TX) Thomas Wexler the question of suspending the rules Chabot Hastings (FL) Mica Smith, Adam Thompson Weygand Chambliss Hastings (WA) Millender- Smith, Linda Thornberry White and passing the bill, H.R. 81. Chenoweth Hayworth McDonald Snowbarger Thune Whitfield The Clerk read the title of the bill. Christensen Hefley Miller (CA) Snyder Thurman Wicker The SPEAKER pro tempore. The Clay Hefner Miller (FL) Solomon Tiahrt Wilson question is on the motion offered by Clayton Herger Minge Spence Tierney Wise Clement Hill Mink Spratt Towns Wolf the gentleman from California (Mr. Clyburn Hilleary Moakley Stabenow Traficant Woolsey KIM) that the House suspend the rules Coble Hilliard Mollohan Stark Turner Wynn and pass the bill, H.R. 81. Stearns Upton Young (AK) Coburn Hobson Moran (KS) The question was taken; and (two- Collins Hoekstra Moran (VA) Stenholm Vento Young (FL) Combest Holden Morella Stokes Visclosky thirds having voted in favor thereof) Condit Hooley Murtha Strickland Walsh the rules were suspended and the bill Conyers Horn Myrick ANSWERED ‘‘PRESENT’’—1 was passed. Cook Hostettler Nadler Cooksey Houghton Neal Paul A motion to reconsider was laid on the table. Costello Hoyer Nethercutt NOT VOTING—23 Cox Hulshof Neumann Coyne Hunter Ney Becerra Hinojosa Sanchez f Cramer Hutchinson Northup Burton Hyde Sanders Crane Inglis Norwood Cannon Kennelly Shaw APPOINTMENT OF CONFEREES ON Crapo Istook Nussle Diaz-Balart Kleczka Souder H.R. 2281, WIPO COPYRIGHT Cubin Jackson (IL) Oberstar Gekas Martinez Torres Cummings Jackson-Lee Obey Gonzalez Poshard Velazquez TREATIES IMPLEMENTATION Cunningham (TX) Olver Goss Pryce (OH) Yates ACT Danner Jefferson Ortiz Hinchey Riggs Davis (FL) Jenkins Owens Mr. COBLE. Pursuant to clause 1 of Davis (IL) John Oxley b 1812 rule XX and by direction of the Com- Davis (VA) Johnson (CT) Packard So (two-thirds having voted in favor mittee on the Judiciary, I move to Deal Johnson (WI) Pallone take from the Speaker’s table the bill DeFazio Johnson, E. B. Pappas thereof) the rules were suspended and DeGette Johnson, Sam Parker the concurrent resolution, as amended, (H.R. 2281), to amend title 17, United Delahunt Jones Pascrell was agreed to. States Code, to implement the World DeLauro Kanjorski Pastor The result of the vote was announced Intellectual Property Organization DeLay Kaptur Paxon Copyright Treaty and Performances Deutsch Kasich Payne as above recorded. Dickey Kelly Pease A motion to reconsider was laid on and Phonograms Treaty, and for other Dicks Kennedy (MA) Pelosi the table. purposes, with a Senate amendment Dingell Kennedy (RI) Peterson (MN) thereto, disagree to the Senate amend- f Dixon Kildee Peterson (PA) ment, and agree to the conference Doggett Kilpatrick Petri Dooley Kim Pickering PERSONAL EXPLANATION asked by the Senate. Doolittle Kind (WI) Pickett I have consulted, Mr. Speaker, with Mr. BURTON of Indiana. Mr. Speaker, due Doyle King (NY) Pitts the minority prior to making this mo- Dreier Kingston Pombo to a death in my immediate family I was not tion. This is only a motion to go to Duncan Klink Pomeroy present during today's House proceedings. conference. Dunn Klug Porter Had I been here, I would have voted in the fol- Edwards Knollenberg Portman The SPEAKER pro tempore. The lowing way: ``Yea'' on roll call number 453; Ehlers Kolbe Price (NC) question is on the motion offered by Ehrlich Kucinich Quinn ``Yea'' on roll call number 454; ``Yea'' on roll the gentleman from North Carolina Emerson LaFalce Radanovich call number 455; and ``Yea'' on roll call num- Engel LaHood Rahall (Mr. COBLE). ber 456. English Lampson Ramstad The motion was agreed to. Ensign Lantos Rangel f Eshoo Largent Redmond The SPEAKER pro tempore. Without Etheridge Latham Regula RICHARD C. LEE UNITED STATES objection, the Chair appoints the fol- Evans LaTourette Reyes COURTHOUSE lowing conferees: From the Committee Everett Lazio Riley on the Judiciary, for consideration of Ewing Leach Rivers The SPEAKER pro tempore. The Farr Lee Rodriguez the House bill and the Senate amend- Fattah Levin Roemer pending business is the question of sus- ment, and modifications committed to Fawell Lewis (CA) Rogan pending the rules and passing the Sen- conference: Messrs. HYDE, COBLE, Fazio Lewis (GA) Rogers ate bill, S. 1355, as amended. Filner Lewis (KY) Rohrabacher GOODLATTE, CONYERS and BERMAN. Foley Linder Ros-Lehtinen The Clerk read the title of the Senate From the Committee on Commerce, Forbes Lipinski Rothman bill. for consideration of the House bill and Ford Livingston Roukema The SPEAKER pro tempore. The the Senate amendment, and modifica- Fossella LoBiondo Roybal-Allard question is on the motion offered by Fowler Lofgren Royce tions committed to conference: Messrs. Fox Lowey Rush the gentleman from California (Mr. BLILEY, TAUZIN AND DINGELL. Frank (MA) Lucas Ryun KIM) that the House suspend the rules There was no objection Franks (NJ) Luther Sabo and pass the Senate bill, S. 1355, as Frelinghuysen Maloney (CT) Salmon f Frost Maloney (NY) Sandlin amended. Furse Manton Sanford The question was taken; and (two- Gallegly Manzullo Sawyer thirds having voted in favor thereof) REMOVAL OF NAME OF MEMBER Ganske Markey Saxton the rules were suspended and the Sen- AS COSPONSOR OF H.R. 1991 AND Gejdenson Mascara Scarborough H.R. 4236 Gephardt Matsui Schaefer, Dan ate bill was passed. Gibbons McCarthy (MO) Schaffer, Bob The title of the Senate bill was Ms. DUNN. Mr. Speaker, I ask unani- Gilchrest McCarthy (NY) Schumer amended so as to read: ‘‘A bill to des- mous consent that my name be re- Gillmor McCollum Scott Gilman McCrery Sensenbrenner ignate the United States courthouse lo- moved as a cosponsor of H.R. 1991 and Goode McDade Serrano cated at 141 Church Street in New H.R. 4236. Goodlatte McDermott Sessions Haven, Connecticut, as the Richard C. The SPEAKER pro tempore. Is there Goodling McGovern Shadegg Lee United States Courthouse’’. objection to the request of the gentle- Gordon McHale Shays Graham McHugh Sherman A motion to reconsider was laid on woman from Washington? Granger McInnis Shimkus the table. There was no objection. H8508 CONGRESSIONAL RECORD — HOUSE September 23, 1998 CONTINUATION OF EMERGENCY Mr. WHITFIELD. Mr. Speaker, I rise tory of confusion in the intelligence WITH RESPECT TO UNITA—MES- today to bring to the attention of the community and conflicting foreign pol- SAGE FROM THE PRESIDENT OF Congress and the American people dis- icy views within the administration re- THE UNITED STATES (H. DOC. turbing new details of national policy garding the Sudan. NO. 105–315) decisions made in the aftermath of the It is with sadness that we must ac- The SPEAKER pro tempore laid be- bombing of the U.S. embassies in East knowledge the inevitable probability fore the House the following message Africa last month. This emerging infor- that these revelations will feed public from the President of the United mation focuses on the Clinton adminis- suspicion that the heightened domestic States; which was read and, together tration’s decision to retaliate against turmoil enveloping the White House with the accompanying papers, without terrorists it suspected of carrying out may cause other acts of misjudgment. objection, referred to the Committee the embassy attacks and in particular This is regrettable but it is a graphic on International Relations and ordered the decision to attack a pharma- illustration of the debilitating con- to be printed: ceutical factory in the Sudan suspected sequences of the commander in chief’s To the Congress of the United States: of producing chemical weapons for the unfortunate personal behavior. Section 202(d) of the National Emer- use of the terrorists led by Mr. bin Of more concern are the important gencies Act (50 U.S.C. 1622(d)) provides Laden. national security questions that are for the automatic termination of a na- This new insight is contained in an raised by the decision-making process tional emergency unless, prior to the article in the September 21, 1998 issue that let the President target a factory anniversary date of its declaration, the of the New York Times by reporters in the Sudan that may not have been President publishes in the Federal Reg- Tim Weiner and James Risen. It raises manufacturing chemical weapons. ister and transmits to the Congress a serious questions regarding the accu- More hard information, however, needs notice stating that the emergency is to racy of intelligence information on to be developed and I urge the appro- continue in effect beyond the anniver- which the decision was made and the priate committees in the Congress to sary date. In accordance with this pro- credibility of statements made by sen- investigate this matter in more detail. vision, I have sent the enclosed notice, ior officials in the Clinton administra- f tion as they sought to justify their de- stating that the emergency declared SPEAKER pro tempore. Under a pre- cisions after the bombing in which it is with respect to the National Union for vious order of the House, the gen- estimated 20 to 50 people were killed. the Total Independence of Angola tleman from California (Mr. RIGGS) is The article reconstructs how a group (‘‘UNITA’’) is to continue in effect be- recognized for 5 minutes. of 6 senior administration officials and yond September 26, 1998, to the Federal (Mr. RIGGS addressed the House. His the President picked the bombing tar- Register for publication. remarks will appear hereafter in the gets. It is based on interviews with par- The circumstances that led to the Extension of Remarks.) declaration on September 26, 1993, of a ticipants and others at high levels of f national emergency have not been re- the national security apparatus and re- solved. The actions and policies of counts how an act of war was approved SEPTEMBER 23 AND NO BUDGET UNITA pose a continuing unusual and on the basis of fragmented and dis- RESOLUTION extraordinary threat to the foreign pol- puted intelligence. I quote from the article: Within days The SPEAKER pro tempore. Under a icy of the United States. United Na- previous order of the House, the gen- tions Security Council Resolutions 864 of the attack, some of the administra- tleman from Minnesota (Mr. MINGE) is (1993), 1127 (1997), 1173 (1998), and 1176 tion’s explanations for destroying the factory in the Sudan proved inac- recognized for 5 minutes. (1998) continue to oblige all member Mr. MINGE. Mr. Speaker, I rise today states to maintain sanctions. Dis- curate. Many people inside and outside the American government began to ask to call attention to the fact that it is continuation of the sanctions would now September 23 and we do not yet have a prejudicial effect on the Ango- whether the questionable intelligence had prompted the United States to have a budget resolution that has been lan peace process. For these reasons, I passed by Congress. It is 7 days before have determined that it is necessary to blow up this factory under false infor- mation. the beginning of the next fiscal year maintain in force the broad authorities and we do not have a budget resolu- necessary to apply economic pressure I note that today former President Jimmy Carter asked for a congres- tion. We have had in place require- to UNITA to reduce its ability to pur- ments that we established to follow a sue its aggressive policies of territorial sional investigation about this matter. Quoting further, Senior officials now budgeting process that is governed by a acquisition. say their case for attacking the factory budget resolution. We have had this in WILLIAM J. CLINTON. relied on inference, as well as evidence place for 24 years. This is the first THE WHITE HOUSE, September 23, 1998. that it produced chemical weapons for time, it appears, that Congress will fail f Mr. bin Laden’s use. However, in ana- to comply with its own requirements. SPECIAL ORDERS lyzing more closely the efforts of those I ask my colleagues, what has hap- The SPEAKER pro tempore (Mr. officials to justify their actions, it pened, where is the leadership in this SNOWBARGER). Under the Speaker’s an- should be noted that since United institution, if we are not complying nounced policy of January 7, 1997, and States spies were withdrawn from the with the basic requirement of having a under a previous order of the House, Sudan more than 2 years ago reliable budget resolution? the following Members will be recog- information about the plant was I would also point out this is not a di- nized for 5 minutes each. scarce. In fact, in January 1996, weeks vided Congress in terms of leadership. The SPEAKER pro tempore. Under a after American diplomats and spies Both the House and the Senate have previous order of the House, the gen- were pulled out of the Sudan, the CIA leadership from the same side of the tleman from Michigan (Mr. CONYERS) is withdrew as fabrications over 100 re- aisle. It is critical that if we are going recognized for 5 minutes. ports furnished to it by an outside to have fiscal integrity, if we are going (Mr. CONYERS addressed the House. source regarding terrorist threats to seriously commit ourselves to bal- His remarks will appear hereafter in against U.S. personnel in the Sudan. ancing the budget, to reducing the defi- the Extensions of Remarks.) A month after the attack, the same cit, to not using Social Security money f senior national security advisors, who for other programs, that we commit had described the pharmaceutical plant ourselves to observing the principle of DISTURBING NEW DETAILS IN as a secret chemical weapons factory, having a budget resolution. AFTERMATH OF U.S. EMBASSY financed by bin Laden, are now conced- It is very difficult to explain why we BOMBINGS ing that they had no evidence to sub- place budget discipline on the books The SPEAKER pro tempore. Under a stantiate that claim or the President’s and then ignore it in practice. It is previous order of the House, the gen- decision to order the strike. It is now very difficult to explain why we say to tleman from Kentucky (Mr. WHITFIELD) clear that the decision to bomb the fac- local communities and to States that is recognized for 5 minutes. tory was made amidst a three-year his- they must have a budget plan for the September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8509 use of Federal money and we do not Yoseph's condition was very grave by the (Rept. No. 105–741) on the resolution (H. have a budget plan. It is very difficult time he arrived in the United States; the tumor Res. 550) waiving points of order to say to the United Nations why it had deprived him of most of his vision and left against the conference report to ac- must have fiscal discipline when we him deaf in one ear and a few days before the company the bill (H.R. 4112) making fail to observe the elemental part of operation Mr. Getachew slipped into a coma. appropriations for the Legislative fiscal discipline and budget discipline Dr. Jane's procedure removed the tumor and Branch for the fiscal year ending Sep- in this body. saved Yoseph's life, but as he recovered, tember 30, 1999, and for other purposes, I urge my colleagues to join with me Yoseph found himself in a daunting situation. which was referred to the House Cal- in calling on the leadership of this in- Mr. Getachew was alone in America, lacking endar and ordered to be printed. stitution to forthwith appoint con- money, friends and family, and he was blind. f ferees so that they may meet with the A social worker for the Virginia Department THE SURPLUS AND TAX CUTS Senate, reconcile whatever differences for the Visually Handicapped approached exist between the two initial resolu- Yoseph during his convalescence and ar- The SPEAKER pro tempore. Under tions, one passed on one side of the ranged for a temporary home and rehabilita- the Speaker’s announced policy of Jan- building, the other on the other, and tion training. Through the department, Mr. uary 7, 1997, the gentleman from Wis- bring to this body a budget resolution Getachew learned orientation and mobility, vo- consin (Mr. NEUMANN) is recognized for for final action. cational and daily living skills, how to read 60 minutes as the designee of the ma- f Braille and use a specially adapted computer. jority leader. Dr. Jane also stepped in with much needed fi- Mr. NEUMANN. Mr. Speaker, I rise b 1830 nancial support while he got back on his feet. tonight to talk about a very current TRIBUTE TO YOSEPH GETACHEW, In 1995 Mr. Getachew applied for and was issue in Washington, D.C. I spent the NATIONAL INDUSTRIES FOR THE hired by Virginia Industries for the Blind who weekend back in Wisconsin, and back BLIND EMPLOYEE OF THE YEAR had just acquired a service contract with the in Wisconsin it seemed like when I General Services Administration in Springfield, turned on the news almost the only The SPEAKER pro tempore (Mr. Virginia. In his job, Yoseph uses a computer thing I heard about was the Clinton SNOWBARGER). Under a previous order adapted to use special speech software which situation. of the House, the gentleman from Vir- enables him to process orders from govern- I would like all of my colleagues to ginia (Mr. GOODE) is recognized for 5 ment customers over the phone. know that we are paying attention, and minutes. Mr. Getachew has made a new life for him- there is a lot more going on out here in Mr. GOODE. Mr. Speaker, I rise self here in the United States and has no Washington, D.C., right now than just today to pay tribute to Yoseph plans to return to Ethiopia. ``The awareness the Clinton situation. As a matter of Getachew who will be honored on Octo- level and support of people with disabilities is fact, we are at a point where we are ber 20, 1998, by the National Industries very high and the technology and specialized going to next month, the first of Octo- for the Blind as the 1998 Peter J. Salm- training has enabled me to become independ- ber, report to the American people the on National Service Employee of the ent and self-sufficient.'' Yoseph takes great amount of our first surplus since 1969. Year. pains to recognize those who supported him What is going on out here right now, At age 22, Mr. Getachew developed a along the way. ``Dr. John Jane and the De- it is almost like a feeding frenzy where, massive, fast-growing brain tumor that partment for the Visually Handicapped. . . . since we are seeing this surplus, some cost him most of his vision. When hos- Their compassion, support and generosity people want to use the surplus for tax pitals in his homeland of Ethiopia were helped me beyond all my expectations . . . I cuts, some people want to use it for not able to perform the necessary sur- love America''. spending reductions, some people say it gery and when he lacked financial re- Mr. Speaker, please join me in congratulat- is Social Security. sources to have surgery elsewhere, Dr. ing Mr. Getachew on the receipt of this award. What I would like to dedicate this John Jane at the University of Vir- His courage and determination are an exam- hour to this evening is talking about ginia offered to perform surgery with- ple to us all. what the surplus really is, where it out charge. f comes from; how we can cut taxes and Following recovery from surgery, Mr. how we have cut taxes in the past; in Getachew was hired by the Virginia In- REPORT ON RESOLUTION WAIVING 1997 we had the first tax cut in 16 years, dustries for the Blind, where he uses a POINTS OF ORDER AGAINST CON- how did we get that done; what is dif- computer adapted to use speech soft- FERENCE REPORT ON H.R. 3616 ferent between the discussion today ware. Mr. Getachew is independent and THE STROM THURMOND NA- and last year, and how all these things self-sufficient. He has expressed appre- TIONAL DEFENSE AUTHORIZA- fit together. ciation to Dr. John Jane and the De- TION ACT FOR FISCAL YEAR 1999 I want to start by going way back in partment for the Visually Handicapped Mr. MCINNIS, from the Committee history to just help us all remember for their compassion, support and gen- on Rules, submitted a privileged report what has happened in our country and erosity. (Rept. No. 105–740) on the resolution (H. how we got into the financial problems Mr. Speaker, please join me in con- Res. 549) waiving points of order that were staring us in the face, the gratulating Mr. Getachew. against the conference report to ac- fact that we have not had a balanced Mr. Speaker, I rise today to pay tribute to a company the bill (H.R. 3616) to author- budget, a situation where our govern- young man of courage and fortitude, Yoseph ize appropriations for fiscal year 1999 ment spent less money than they had Getachew. On October 20, 1998, in St. Louis, for military activities of the Depart- in their checkbook, that has not hap- Missouri, National Industries for the Blind will ment of Defense, to prescribe military pened since 1969. honor Mr. Getachew as the 1998 Peter J. personnel strengths for fiscal year 1999, I think before we go on in this, the Salmon National Service Employee of the and for other purposes, which was re- fact that we are having some debates Year. ferred to the House Calendar and or- in this community about what to do At the age of 22, Yoseph, then an engineer- dered to be printed. with budget surpluses, we first need to ing student in his homeland of Ethiopia devel- f put this into perspective and under- oped a massive, fast growing brain tumor. stand that having a surplus is a good Local hospitals were unable to perform the REPORT ON RESOLUTION WAIVING thing. It is the first time since 1969 necessary surgery and Yoseph was forced to POINTS OF ORDER AGAINST CON- that that has happened. In deciding begin a desperate search for a capable neuro- FERENCE REPORT ON H.R. 4112, whether we are going to put it all aside surgeon. Mr. Getachew lacked the financial re- LEGISLATIVE BRANCH APPRO- for Social Security or cutting taxes or sources needed to fund such treatment, but PRIATIONS FOR FISCAL YEAR repaying debt, this is a discussion that after writing to physicians and hospitals in 1999, AND AGAINST CONSIDER- could not have even been thought both the United States and Great Britain, he fi- ATION OF SUCH CONFERENCE about for the last 30 years. So first I nally received word from Dr. John Jane at the REPORT think we should give some credit to the University of Virginia Medical Center who of- Mr. MCINNIS, from the Committee people that took over in 1995 and led us fered to perform the operation for free. on Rules, submitted a privileged report to control spending, which we are H8510 CONGRESSIONAL RECORD — HOUSE September 23, 1998 going to talk a little bit more about spends too much of the people’s money. shoes and when you buy the pair of here, but led us to this situation that So to the extent we can control spend- shoes the store owner makes a profit we are right now at today where we are ing and use the savings from spending and part of that profit gets sent to in fact in surplus. for purposes of tax cuts, this is a good Washington, D.C., in the form of taxes. Before we even get there, though, I thing. But what we cannot do and what In fact, one dollar out of every six that want to go all the way back to 1982 and we are on the verge of doing is the the United States Government spends I want to talk about what happened in same mistake that was made in the today does nothing but pay interest on Washington, D.C., and in America in early 1980s, cutting taxes and getting this Federal debt. That is what the 1982. I brought with me a chart that the votes for tax cut packages by in- mistakes of the early 1980s led us to. shows the growing debt facing the creasing spending. The lower taxes were a good idea, but United States of America. Generally Mark my words right here and now getting the votes to pass tax cuts by when I look at this chart I do not stop tonight. Before this fall is over and be- increasing spending, that is a very bad at any particular date. fore this Congress leaves, what is going idea. We are right on the verge of that One can see from 1960 to 1980, the to happen is the tax cuts that the again. debt did not grow very much. Then all House of Representatives wants and What happened in the 1980s? Well, the of a sudden this growing debt took a can pass are going to be rolled into a deficits grew. They kept getting bigger sharp turn and it started going right bill that the Senate wants to spend and bigger and bigger. Many people re- through the roof. What happened out more money. So we are going to be member the Gramm-Rudman-Hollings here in these years that caused this right back in that situation where be- Act. In 1985 under the Gramm-Rudman- debt to start growing as we can see in fore this year is over, I will make the Hollings Act, I was in the private sec- this picture it did? prediction here and now tonight to all tor, we were building houses by then, In the early 1980s what happened is my colleagues listening. Before this and I started cheering. Our government the Republicans under Ronald Reagan year is over, the tax cut package using said under Gramm-Rudman-Hollings looked at the tax burden in America Social Security money that the House that they were going to balance the and they said this tax burden is not is proposing is going to be rolled into budget, that they were going to quit right, it should be stopped, we are over- the Senate proposals to spend more overdrawing their checkbook, quit taxing the people and they ought to be money, and before this year is over, we spending our kids’ money and get to a allowed to keep more of their own are going to be asked to vote on a bill balanced budget. That was the promise money. They were right. I was in the that uses tax cuts, cuts revenue, and of Gramm-Rudman-Hollings in 1985. private sector at that point in time. I increases spending. Then 1987 came along and they said, was in a situation where literally the I keep pointing back to this turn in ‘‘Well, we can’t really keep that prom- tax rate got to 70 percent of my earn- our deficit chart, the growing debt fac- ise we made in 1985, but here’s a new ings by October. I was in the real es- ing America, I keep pointing back to promise,’’ and they gave us Gramm- tate business, so if I did not sell any that year. We need to learn from that Rudman-Hollings of 1987. They broke houses, I did not earn any money. By history lesson. We need to learn that that. Then came 1990, then came 1993 October of that year, I started paying lower taxes are a fine thing, but when and, of course, the infamous tax in- 70 cents out of every dollar I earned to you lower taxes you also have to con- creases of 1993. I brought a chart along that shows the government so I quit working, and trol spending. Because if you do not, what was supposed to happen to the this is a true story, I went pheasant the debt piles up in a hurry. deficit under Gramm-Rudman-Hollings hunting for most of the fall because it I want to talk a little bit more about of 1987. This blue line shows how it was did not make any sense to work and that debt so we know how far we came supposed to go to zero. Well, the red pay the government. The tax rates in these years basically since the early line shows what actually happened to 1980s. The debt today is about $5.5 tril- were too high. Ronald Reagan was the deficit. Again that concept of cut- lion. To translate that into something right when he said tax rates are too ting taxes and getting the votes to cut that is more understandable, if you di- high and we need reduce the tax burden taxes by raising spending, which is not vide the debt by the number of people on Americans. what it is going to appear like initially What was wrong about it is the way in the United States of America, that out here in Washington, but before the they got the tax cuts passed. Because is, the 5.5 by the number of people in year is over that is where we are going in exchange for passing tax cuts, they our country, the United States Govern- to be, that is what happened. They allowed increased spending, a massive ment has borrowed $20,500 on behalf of promised a balanced budget and we had increase in spending. So in 1982, in every man, woman and child in the the deficits. these early 1980 years, they did par- United States of America. For a family I would point out that 1993 came tially the right thing and partially the of five like mine, I have got three kids along and those deficits were still wrong thing. The idea of reducing the and my wife back in Wisconsin, they there. We recognized that we had a se- tax burden on Americans was the right have literally borrowed $102,000 basi- rious financial problem facing our thing. But the idea of getting the votes cally over the last 15 to 20 years. It was country. But in 1993 the people that to pass the tax cuts by allowing in- that combination of tax cuts and get- were in Washington at that point made creased spending, that was the wrong ting the votes for a tax cut package by the wrong decision. They looked at this thing. increasing spending that has led us to deficit and they concluded that the We are going to come back to that this mess. only thing they could do is raise taxes because that is really where we are The real kicker in this picture is on Americans. So they raised the gas right here in 1998. We are right on the down here, because this is the legacy tax, they raised taxes on Social Secu- edge of this whole thing and making we are going to give our children. This rity benefits, they raised small busi- the same mistake again. We have fi- is the legacy of our generation on the ness taxes. They raised taxes to try and nally reached a balanced budget, fi- next generation. The kicker is down solve this problem. That is the wrong nally reached a surplus, and there are here. A family of five in America today answer. The American people did not many Republicans, myself included, is literally paying $580 a month every want higher taxes. The American peo- recognizing that the tax burden is too month to do absolutely nothing but ple wanted less wasteful government high on Americans and we want to re- pay interest on this Federal debt. If spending. That is really what this is all duce taxes. The mistake we cannot af- anybody thinks they are not paying about. That is what the change is ford to make again is the mistake that $580 a month for a family of five, just about in 1994. was made right back here in the early think about buying those kids shoes in In 1994, America changed. I did not do 1980s that turned this deficit chart into the store. When you go in the store and it. The class with 73 new members out growth. We can cut taxes if we also you buy a pair of shoes, naturally the here, we did not do it. The American control spending. If we both lower store owner makes a profit, we hope people did it. Because in the 1994 elec- taxes and lower spending, that is good. the store owner makes a profit, other- tions the American people said: That is what I came here for, because I wise they are going out of business, so We’ve had it right up to here with this. think government is too big and it you go in and you buy that pair of We’ve had it with this wasteful government September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8511 spending and the idea that every time the This is not a bad thing. This is a good that for the first time since 1969 our government can’t control their pocketbook, thing. If we can get government spend- government spent less money than they simply take more out of our pocket- ing under control and let the people they have in their checkbook. books. They collect more taxes. then keep the money in their own So, before we get into this debate It was the wrong answer in 1993. So homes to decide how they are going to where we may disagree, I think it is they sent a new group to Washington, spend it instead of having that money very important we give the appropriate D.C., and the idea with the new group, come out here to Washington, D.C., credit. we did not understand everything this is a good thing. That is what hap- Also on the tax cut package that has about government because people like pened. been written by Chairman ARCHER, I myself, we had never been in office be- Again I want to emphasize this. The think it is a tax cut package, and I fore, but we understood one simple con- 1997 tax cut cost was about $100 billion think in all fairness that he should get cept: Higher taxes means more Wash- in revenue. The 1997 spending reduc- credit for it. But I also think that we ington spending, and the right answer tions, $127 billion. So if you take these should find corresponding spending to for the American people was not higher numbers and you look at them, we re- reduce so that we are not using Social taxes but less wasteful government duced spending, we reduced taxes. This Security money to offset the tax cuts spending. That was the fundamental is a good thing. Government is too big, that we are about to pass, and I do dis- principle that we started on in 1995. it spends too much of the people’s agree with some of my colleagues on I brought another chart with me that money and to the extent that we can that issue. Tax cuts are good provided illustrates that about as definitively as get to lower taxes and lower spending, they are paid for by spending reduc- you possibly can. In 1993, the year be- this is a good thing. This is 1997. tions or they come from the general fore the biggest tax increase in Amer- But it is not, and I emphasize again, fund surplus. But tax cuts that come ican history, this is the fiscal year it is not 1998. The tax cut proposal that from the Social Security surplus going on, we had spending increases is currently out here today is going should not be done, and I feel very ada- that year of 2 percent. We had a growth into the Social Security surplus and mantly about that. rate of government spending of 2 per- using Social Security surpluses for pur- Let me go to Social Security, and I cent. What does that mean? That poses of cutting taxes. I ran a business am going to go into some details to- means if government spent $100 last out in the private sector. I guess this is night that I do not usually go into in year, they spent $102 this year. That is why I am so adamantly opposed to this this discussion, but for my colleagues a growth rate of 2 percent. Well, in 1993 idea. In the private sector, if you are that might be watching this evening I they passed that big tax increase bill running a pension fund for your em- want to make sure that this is clear, and look what happened to government ployees, you could not possibly put and Chairman ARCHER just asked me spending. The growth rate of govern- IOUs in the pension fund and use the that when I do this presentation to- ment spending nearly doubled the fol- cash to go out and buy a new car for night that I make absolutely certain lowing year. Higher taxes very simply the executive. That does not work in that I clarify the differences between meant more government spending. It the private sector. You would be ar- us because there are some people on was the wrong answer and it could not rested for that. So what we are sug- the other side of the aisle that are possibly solve the problem. gesting out here in Washington is that going to use this issue to demagogue So in 1995 when we got here we said, somehow it is all right to go into the because, after all, it is an election sea- ‘‘Wait a second, we can’t do it that Social Security trust fund, that pen- son. way. The right answer is getting gov- sion fund called Social Security, and So, I want make sure I am very, very ernment spending under control.’’ take that money out and use it to cut clear. Again you can see in this chart now, taxes. Social Security this year will collect fiscal year 1996 was the first year that $480 billion in revenue. It is going to b the new Republican Congress dealt 1845 pay back out to seniors in benefits $382 with spending, you can see how the That is the wrong answer. Tax cuts billion. Now to put this in perspective spending growth rates have now start- are good. The tax cut package that the as to how this thing is working, I ed back down again. It is that con- gentleman from Texas (Mr. ARCHER) would like to forget the billions for trolled growth of government spending wrote is dynamite, it is great. I am a just a minute and forget that it is So- that has put us in the position where hundred percent in favor of cutting cial Security, and I would like my col- we now have these surpluses. The econ- taxes provided we correspondingly re- leagues to think about their own per- omy is strong, no doubt about it, but duce spending. But if we are going to sonal checkbooks. that strong economy coupled with con- cut taxes by using Social Security If you have 480 bucks in your check- trolled government spending has given money, you could not do that in any book, and you wrote out a $382 check, us these surpluses. But you see how business in America, and government your checkbook would not be over- that is the opposite of the 1982 thing. had not ought to be doing it either. drawn, and in fact that is how Social We did not go out and all of a sudden Now I want to go into detail in the Security is working right now. We are just pass a tax cut plan and increase Social Security discussion, and I want collecting more money than we are spending to get the votes to do it. We to make this as clear as I possibly can paying back out to our seniors in bene- got spending under control first so that so that there is no mistaking where we fits. Social Security is collecting $98 we could get to a balanced budget. are at in the Social Security discus- billion this year more than it is paying What about 1997 and the 1997 tax cut sion. back out to seniors in benefits. plan? Why is it all right to cut taxes in Mr. Speaker, where we are at now is Now that extra money that they are 1997 and all of a sudden there is this de- we were about to start into a detailed collecting that is supposed to be put bate going on in Washington whether it discussion on Social Security, and re- away and saved, because you see the is all right in 1998? I brought two member we have gotten to this point, baby boom generation people in my age sheets of paper with me to help illus- and this is a wonderful discussion. I re- group, and there is lots of us; when we trate that. I am sure my colleagues are alize I am in opposition to some of my go to retirement, there will be too not going to be able to see them, but if Republican colleagues who would like much money going out and not enough they call my office they can certainly to cut taxes even if it means using money coming in, and again if we go to get copies of these. In one hand I have some of the Social Security money to the personal checkbook analysis or got the tax cut cost or the reduced rev- do it. I realize I am in opposition with comparison here, if you got yourself in enue from the tax cut package of 1997. them, but before we get into this de- a situation where over a period of years In the other hand I have the cor- bate with my Republican colleagues you have put these surpluses away into responding spending reductions. We cut and, I might add, some of the Democrat a savings account, and then you get to taxes and we cut spending. If you cut colleagues from the other side, I think a point you overdraw your checkbook, taxes and cut spending, less govern- it is important that we give them the that is when the baby boom generation ment spending, lower taxes on the appropriate amount of credit, what a gets to retirement, we spend too much American people, this is a good thing. wonderful opportunity that we have money and do not take enough in. The H8512 CONGRESSIONAL RECORD — HOUSE September 23, 1998 idea is that we are supposed to be able lion. One is the money that comes government checkbook. So government to go to that savings account, get the straight out of workers’ paychecks, one gets this surplus, they put the money money and make good on Social Secu- is the interest on the IOUs, and one is in the big government checkbook, and rity, because you see if we do not have the intergovernmental transfers. they spend all the money out of that that savings account, and we get to Now the debate that is going on here, big checkbook so, of course, there is no this point, and it happens in the next 15 and I am going to be a little more tech- money left at the end of the year, so years where there is too much money nical than usual on this, but the debate they simply write an IOU down here in going out and not enough money com- that is going on here: the Republicans the Social Security trust fund. ing in, the question we have to ask is are saying that we can put all the But now this year is a little bit dif- where do you think the government is money that is collected from workers’ ferent because you see this year we are going to get the money from to repay paychecks aside and still have a tax taking the money, putting it in the big those IOUs that are in the trust fund? cut. That is true. We can put all the government checkbook, but for the Where is government going to get the money that is coming in from workers’ first time since 1969, when we get out money to make up this shortfall in So- paychecks over and above what is here and look at the checkbook at the cial Security if we have not put the being paid back out to seniors in bene- end of the year, there is money left. money away the way we are supposed fits aside and still have a tax cut; that Now the amazing thing to me is that to? And the alternatives, of course, are is true. But what we cannot do is put our government and what we are doing higher taxes, and I mean it is ironic we all the money that is coming in from today is we are looking at this 98 bil- are here tonight fighting about wheth- workers’ paychecks, plus the intergov- lion, we are putting it in our check- er we should do tax cuts with Social ernmental transfers that is supposed to book, we are getting to the end of the Security money and doing it effec- be going into Social Security and the year and there is a little bit of money tively means that we are going to wind interest on the savings. So the debate left out there, and we are going, great, up raising taxes in the not distant fu- that is going on out here is when we we got money to spend; great, we got ture to offset the shortfalls in Social look at this Social Security revenue, money to reduce revenue. But the Security. should we count just the money that is point is if we did not put that money in So it just does not make sense to do coming from workers’ paychecks, or the big government checkbook, we it. But one option is raising taxes; an- should we count the money that is would have zero left in our checkbook. other is to reduce benefits on seniors coming from workers’ paychecks plus It is still balanced; I mean I am very because, of course, if you reduce bene- the intergovernmental transfers, plus happy to report the progress that has fits, then you do not need the money the interest on those IOUs? been made here. We would still be in out of the savings account. Neither of And again, you know, I am not an ex- balance or for all intents and purposes those are acceptable as we look at pert at this from the government side in balance this year, but we certainly what is happening in Social Security. of it, but I can tell you in the private do not have money left over to do tax All right, back to the Social Security sector if I am looking at a pension fund cuts with. analysis. and I look at how much money I have So when you hear this debate unfold- They are taking in $480 billion. We accumulated in that pension fund to ing before us and you say should we do are writing checks out to seniors of pay my employees benefits, it would tax cuts or should we not do tax cuts, $382 billion. It leaves a $98 billion sur- not be acceptable in any business prac- the question you have got to ask your- plus. This money that is coming in tice to say I am only going to count self is: Is it fair to take that surplus comes from a variety of sources, and I the new money going in this year and and use it for something, new spending brought with me just a little bit of dis- for the interest on the pension fund I or tax cuts, when in fact it belongs cussion here on where those sources am going to write an IOU to the ac- down here in the Social Security trust are. Part of the Social Security money, count. That would not work. That in- fund? part of that $480 billion, it is money terest gets paid in real money to any Now in my office we have written a collected out of workers’ paychecks. pension fund in America, so I respect- bill. It is called the Social Security That is the bulk of it. So the largest fully disagree with my colleagues when Preservation Act and it would effec- portion of the 480 is money collected they somehow indicate that we do not tively solve this problem. What the So- out of workers’ paychecks, but that is have to count that interest on the IOUs cial Security Preservation Act does is not all. You see this surplus has been or these intergovernmental transfers. it simply takes that $98 billion and accumulating over a period of years, From a private sector prospective run- puts it down here in the Social Secu- and there is a whole pile of IOUs sit- ning a pension fund for employees you rity trust fund, and to most people in ting off here on the side that are sup- could not possibly get away with hav- America that does not look like Ein- posed to be accumulating interest. So ing a pension fund there, pulling the stein kind of thinking. It really is not. part of that $480 billion is interest on earnings out, replacing the earnings In the private sector if I was running a those IOUs. with an IOU and spending those earn- pension fund and I had money that was Now it should come as no great sur- ings on something different. That is supposed to go into the pension fund at prise to anybody that the government just absolutely you could not get away the end of the year, I sure as shooting is currently paying the interest on with that in the private sector. would not put it in my government, in those IOUs with, you guessed it, an- So again I go back to if it makes my business checkbook and spend the other IOU. So when we talk about this sense out there in America, and that is money. I would have to put the money Social Security revenue, part of the the way the rest of the country runs, down here in the trust fund, where it Social Security revenue is those IOUs why in the world should we just be- belonged. and the interest on those IOUs. So we cause we are government work under a So what we are doing here is no dif- have got $480 billion total. It comes different set of rules? I think we should ferent than what any company in from workers’ paychecks, comes from go back to the private sector, look at America is doing as it relates to pen- interest on the IOUs and one other sig- how the pension funds are run and do sion. So our Social Security Preserva- nificant source, and that is called the best we can to do the same things tion Act would simply take the $98 bil- intergovernmental transfers. here that we would consider acceptable lion and put it directly down here in You see, if you are an employer out and write off in the private sector. the Social Security trust fund, and you there in America, you are already pro- All right, back to this picture then. can see I kind of got it walled off. The viding a portion of the Social Security We do have $480 billion total coming in idea is we do not want that money to payment on behalf of your employees. for Social Security this year. We are wind up being spent out of the big gov- Well, the government has got lots of writing out about 382 billion in checks ernment checkbook. employees. That portion of the Social to our seniors, leaving a $98 billion sur- Now as far as the big government Security payment for the government plus. The problem we have today out checkbook, and I think this is real im- employees, well, that is called inter- here in Washington is that $98 billion portant in understanding because we governmental transfers. So there is surplus is deposited directly into, and are about to move into a new era; you really three sources for this $480 bil- think of this middle circle as the big see, the Social Security fund has been September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8513 in surplus now for quite some years, surplus, we start making payments on Social Security money for new spend- and they have been spending the the Federal debt, we pay off the debt in ing. money and for the first time we are in its entirety so we can pass America on I would hope that what would happen a position we could actually put it to our children debt free, and the left- is as my colleagues engage in this aside, which is the right thing to do. over money we get to use for tax cuts interaction with their constituents, I But there is another dynamic happen- so we can actually reduce the tax bur- would hope in their district they ask ing here. This general fund without the den on American citizens. their constituents how they feel, and I Social Security money is also about to That is kind of my vision for what we think they would find they feel much go into surplus, and that is an entirely ought to be doing out here. Now how the same as the people do in Wisconsin. different discussion. The Social Secu- does that relate back then to what the Tax cuts are good. No one disagrees rity trust fund is in surplus. That discussions that we are having right with the facts the taxes are too high. money should not be spent, it should now? First off, I hear it all the time. In The ’97 tax cut package, and, again, I not be used for tax cuts. Social Secu- our district the AFL-CIO started run- reiterate, we think of the tax cut pack- rity money should be set aside for So- ning ads implying ironically that I sup- age, here are the tax cuts, here are the cial Security. But when the general port the tax cut using Social Security spending reductions that went with fund gets into surplus, that is a dif- money even after I have given several them, lower spending, lower taxes, this is a good thing, no one disagrees with ferent story, and we have got to start speeches like this on the floor. But at that. asking ourselves the question now, if any rate the other side is basically im- But when you ask the other question, plying that we want to cut taxes with we are not using the Social Security when you ask the question, and I have Social Security money, and at the money, but the general fund is in sur- seen all the poll numbers floating same time what they are not telling plus any way, and when we get done at around Washington, D.C., the Repub- the end of the year, we have got money the American people is about all these licans have one set, the Democrats left in our checkbook, what should we proposals for new spending. And I keep have a different set, but I would like to do with it? going right back to this. It is every bit encourage our pollsters to start asking I mean after all this money does not as wrong to propose new spending with the question that I ask to normal typi- belong to Mark Neumann and the the Social Security money as it is to cal people, which, by the way, all tell Members of Congress. This is the peo- propose tax cuts. But what the Amer- me they never get these poll calls, but ple’s money. This comes from the peo- ican people are hearing about, aside I think what they ought to start ask- ple’s paycheck. It is their taxes that we from Clinton, what they are hearing ing is, okay, you support tax cuts, and are talking about. So when we look at about is the Social Security money I think you will find most people be- this general fund, assuming we set So- being used for tax cuts, and what they lieve taxes are too high and they sup- cial Security aside, what should we be are not being told about is this thing port tax cuts. But then you ought to doing? called emergency spending that effec- ask the next question: Is it all right to And let me just lay out my plan and tively spends Social Security money use the Social Security money for tax where I think we should be going. I for new government spending pro- cuts? I think you are going to find a wrote a bill called the National Debt grams, and they are both wrong. dramatic answer ‘‘no.’’ I think it is our Repayment Act. The National Debt Re- b 1900 responsibility to see to it that we start payment Act says, if we get in surplus One is as wrong as the other. treating Social Security properly. in the general fund, we use it really for One more thing before I end this hour I am optimistic that as we move for- two things. First, we use it to make a this evening that I would like to talk a ward, we will move into an opportunity payment on the Federal debt and we little bit more about, because I found to stop both of those things from hap- pay off the Federal mortgage much when I traveled Wisconsin, there are so pening, but it is going to be a huge de- like you would pay off a home mort- few people talking about the tax cut bate this fall. gage anywhere in America. So as we package that is already passed. It is For my colleagues that might be get into surplus in the general fund, we like there is this frenzy out here, it is watching this evening, watching this first make a mortgage payment on the election season, we have to pass an- floor speech, I would reiterate my pre- Federal debt. Under our bill we would other tax cut package. When I go pay off the entire Federal debt within diction: That before this fall is over, around Wisconsin, most of the people 30 years, much the same way as any you are going to be asked to vote on a do not know about the package passed American might pay off their home joint package that includes $80 billion already. So I would like to stop talking mortgage. of tax cuts and at least $80 billion over for a minute about what we might do What about the rest of it after we five years of new spending. this fall and talk about what has al- made our mortgage payment? Well, I I reiterate where we started the hour ready happened and what has already think that should go back to the people this evening, and that is that we are ef- been passed into law. in the form of tax cuts. fectively going back to 1982. In 1982, Last year, 1997, we passed a tax cut So you see how this picture can all President Reagan wanted tax cuts, and package for middle income Americans. work together. We can set the Social he was right to want tax cuts, but he When middle income Americans do Security money aside and when we are got the votes for those tax cuts by al- their tax returns next April, they are in surplus now, which we physically lowing new spending, and that is ex- going to find that they get a $400 per are in Fiscal Year 1999 unless we go actly what is going on out here in 1998. child tax refund. This is not an addi- into a severe recession, and I do think There is such a mess going on in the tional deduction or anything like that. that we should wait and see that we media with, of course, all of the Clin- You do your taxes, you get to the bot- have actually got the money in hand ton problems, that what is happening tom line, and when you get to the bot- before we go spend it, but assuming is this is being buried below the surface tom line you get $400 back in the form things stay as they are and we are in so the American people are really not of a refund for each child under the age surplus in the general fund, not the So- very aware of this at this point in of 17. cial Security money, in the general time, that we are about to start mak- If you have a college student, and fund, if we are in surplus in Fiscal Year ing the same mistakes that I think we costs of college are astronomical, it is 1999, I think we should look seriously made back in 1992. very difficult for middle income fami- at doing tax cuts with general fund I am optimistic we can get it under lies to pay for college today, if you surpluses, and I think we should look control and stop that from happening, have a freshman or sophomore in col- seriously at starting to repay the Fed- but it is very, very important that my lege, you get to the bottom line on eral debt. colleagues engage in this discussion your taxes and subtract 1,500 off. You When you think about this picture with their constituents and that the get literally a tax-free fund of $1,500 to for the economics of a country we are constituents provide that feedback to help pay college tuition. If you are a now saying that we can put the Social my colleagues on how they feel about junior or a senior, it is 20 percent of Security money aside because we are in using Social Security money for tax the first $5,000, but basically it is $1,000 that position today, and as we go into cuts or about how they feel about using for most middle income families. H8514 CONGRESSIONAL RECORD — HOUSE September 23, 1998 Let me put that in perspective. For a college as well. So that Roth IRA is by doing things like testing for diabe- family of five in Janesville, Wisconsin, very important for the young people, it tes ahead of time, instead of making with two kids at home and a freshman is also very important for the empty- the senior get sick before Medicare in college, they would expect a tax re- nesters starting to think about taking kicks in and covers that. fund of $2,300 next April. This is real care of themselves in their own retire- Let us get that information out to money. We are talking middle income, ment. the American people during this fall, as $50,000 a year family in Janesville, Wis- But there a second thing that I men- opposed to going ahead and doing consin, with two kids at home and a tioned with the empty-nesters happen- something that I think repeats the freshman in college, they are going to ing to lots of people between 45 and 55. mistakes of 1982, and that was decreas- get a $2,300 refund next year. That is that their home that they had ing taxes effectively using Social Secu- I will tell you, this is not really when they had their kids is too big, so rity money to do it. Decreasing taxes about just the money. It is not about they buy a smaller home to now maybe while we increase spending is such a money. It is about those families hav- help save additional money as they bad precedent to set and that is not ing the opportunity to spend more time move toward retirement. There is no what we came here for in 1995. That is with their kids, because, you see, when longer any Federal taxes due on the not what the American people elected they keep that $2,300, they might be sale of virtually any home in America. us to do. I sincerely hope as we look at able to make a choice of not taking an There is a way-high like $500,000 top this fall and we look at the days ahead extra job, and when they do not take end cap on this, but if you sell a home of us this fall, I sincerely hope we the extra job, they have more of an op- for less than the $500,000 number, vir- make the right decision and do not portunity to spend time with their kids tually all homes in Wisconsin, if you allow that to happen. and their families, and that really is sell a home for less than that, there is I would just like to conclude with my what the tax cuts are all about. no Federal taxes due. So if an empty- vision of where I hope we go as we Then I hear well, but that is only for nester makes the decision to sell the move forward. I think from the eco- families with kids, Mark. What did you larger home and move into a smaller nomic side of a vision for the future of do for the rest of us? home, there is no taxes due when you this country, I think the first thing we They do not know at this point, some sell that house. need to do is make sure that Social Se- people know that the capital gains tax One more thing. For senior citizens curity is safe and secure for our senior has been reduced from 28 to 20, and it is who may have made that decision in citizens. going to 18. That has already passed the past, they sold that larger home We talked about the Social Security into law and is on the books. Some peo- and moved into a smaller home, they Preservation Act. That extra money ple, especially our young people, and took the onetime age 55 exclusion coming in for Social Security, this some middle income people my age, es- which would have allowed them to needs to be used for Social Security. It pecially when they get to be empty- avoid paying taxes at age 55 on a cer- needs to go into a safe, secure savings nesters, when you turn 45, 46, 47, a tain amount of the profit they made account for our senior citizens. That is funny thing happens, when your kids only their home. For our senior citi- goal one. start leaving home to go to college or zens who sold their home, took the one Goal two: This debt that we have ac- maybe they get married and start their time exclusion and bought another cumulated, we need to start making own families, all of a sudden you real- home, when those seniors make the de- payments on the debt. The National ize you are a full generation now closer cision to sell their home again now, Debt Repayment Act would repay the to retirement yourself. there are no taxes due. Federal debt, much like you would We start looking at these empty- So this tax cut package of 1997, very, repay a home mortgage over a period of nesters and we start saying, what is very few people even know what was in 30 years. So goal two for the future of happening with empty-nesters? A cou- it at this point in time, and I think this country, wouldn’t it be great if our ple things happen. One is many of them what we should be doing, to my col- generation, while we are still in the sell their home and buy a smaller leagues that are listening this evening, work force, could pay off the bills that home, that is one, and another thing is is rather than make a decision to cut we have run up over the last 15 years they start saving money for their own taxes using Social Security money, let and give America to our children abso- retirement. me give you my first choice. My first lutely debt free? Remember, that There are two significant changes choice would be to do the tax cuts, find means that you can simply reduce the passed last year. The first is the Roth corresponding spending reductions, so tax burden by $1 out of every $6 simply IRA. For those empty-nesters, that are we have less spending and less taxes. by not having the debt, because that is now with the kids in college or out of That would be my first choice. how much the interest on the Federal college even starting their own fami- But if we find that this body between debt costs today. lies, and they are thinking about their the House and Senate does not have So the second goal that I would make own retirement, those empty-nesters the will power to find the correspond- on the economic side, let us pay off the can now put $2,000 each into an ac- ing spending reductions in order to re- Federal debt and leave our children the count; the interest accumulates tax- duce taxes, if we do not have that will- legacy of a debt-free Nation, where free all the way to retirement; and power today, and, by the way I would they do not have to pay $580 a month when they take the money out at re- do it in a heartbeat myself, but it to do nothing but pay interest on the tirement, there is no taxes to pay. So takes 218 votes to pass these things, so Federal debt. they can start saving in a much better if we do not have the will and we do The third goal, and I think it is way for their own retirement. not have the votes to find the spending equally important, the tax burden One more thing on the Roth IRA that reductions, for goodness’ sake, let us today is nearly 50 percent higher than I think is real important, because I saw not go and cut taxes using Social Secu- it was a generation ago. When my par- it with my own family, I have a 21- rity money. That is the wrong answer. ents had me 40-odd years ago in the fif- year-old son who started his own Roth Let us just give this thing a little ties, the bottom line was the tax bur- IRA. The Roth IRA for young people is chance. Let us talk about the tax cuts den then was about 25 cents out of very, very important because it allows of ’97, let us let America know what we every dollar they earned. Today that them to put money away that they can have already accomplished in reaching number is all the way up to 37. later take out tax-free to either buy a a balanced budget. Let us let America So I keep asking this question, what home or continue their education. know we have actually takes passed a is it that government is doing today So when my Andy literally gets out tax cut package that going to signifi- that is so much more important that of school and decides it is time to buy cantly impact them. Let us let our they did not have to do before, that my his own home, the money he put into country know about the improvements parents were doing for themselves back the Roth IRA, whatever it has earned, that have been made in Medicare, in the fifties that now government can he can take it back out tax-free and where diseases and testing for diseases do better than my parents could do for use it to purchase his first home, up to that were never covered in the past are themselves back in the fifties? What is $10,000, or he could use it to return to now covered, and how we save money it that would allow your government September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8515 to collect this extra 12 cents on the Again, I just keep going back, I al- is not about Republicans or Democrats dollar, forcing so many second and most think of Washington people kind or even pro-choice or pro-life. Many third jobs in our families all across of grabbing their coat and saying well, pro-choice Democrats voted the same America? I know better about education than all way as pro-life Republicans like myself So when I look at our goals as we you people out there in America. Why to end the practice of partial birth move from this generation forward, I in the world would anyone believe that abortion. think we need to get the tax burden just because you are here in Washing- We can have this other abortion de- down to where it was in the fifties, not ton, you know better how to educate bate, and I at least understand, I do not more than 25 cents out of the dollar at Wisconsin kids than people in Wiscon- agree with, but I understand the other all levels of taxation, state, Federal, sin do? It just makes absolutely no side in the abortion debate. But when local, property taxes, the whole shoot- sense to me. we talk about partial-birth abortions, ing match, not more than 25 cents out So when I look at the education, how it says something about us as a Nation. of the workers’ paycheck out of a dol- we are going to fix the problem, get If we are going to allow this sort of a lar should be used for taxes. So that is control of education back in the hands practice to continue, what does it say the economic side. of the parents, let us let our parents about America as a country? What does On the social side, I think the most decide what the kids are taught, where it say about us as a people? That is important issue facing America today it is taught and how it is taught, there why we need to keep at that, on the so- is education. We look at our kids and is a huge by-product if we can do that. cial side of problems facing this coun- where they were once up here ranking We looked to the study of thousands try, and we do need to end partial birth in the world, we are now down in the of teenagers, and what we found was abortions. twenties, depending on which study not unexpected. Some had drug prob- Let me paint this picture and just you look at, as to where we rank in the lems, there were crime problems, there kind of wrap up tonight with a total world. And, you know, government’s were teen pregnancies, there was teen picture, here. If we can pay down the answer to this education problem has smoking, but there was also a whole Federal debt, the government no longer been hey, I am out here in Washington mess of good kids. There was a whole needs to pay the interest on the debt. and I know how to educate your kids, bunch of good kids that we found. So That interest money makes it easier to so I am going to start a new govern- we started looking at the difference be- put the money away for Social Secu- ment program; and when I get done, be- tween the ones that had crime prob- rity that should be put away so our cause I am in Washington and know lems and the ones that did not; the seniors are safe. They get up in the how to educate your kids, education morning knowing their Social Security will improve. ones that had drug problems and the Well, education did not improve. ones that did not; the ones that had is safe. It also makes it easier to lower Government started 760 different pro- teen pregnancies and the ones that did taxes, because we do not need the in- grams with a course of bureaucracy to not; and teen smoking, and the list terest money. That is $1 out of every $6 go with every one of those 760 pro- goes on. the government is spending today. It grams, and our kids just kept dropping The single most important factor in makes it much easier to lower the tax in the rankings more and more and determining which group these kids are burden on all Americans. more. going to be in, and, again, this does not Let us think about lowering the tax The reason they kept going down in come as a surprise, it is the amount of burden for just a minute, because those the rankings is because every time gov- involvement of the parents in the kids’ ramifications are great. When we lower ernment takes a responsibility away lives. the tax burden, families can make deci- from the parents, the parents have less So when we look at our social prob- sions to not take second and third jobs, say in the education of their kids, and lems facing America, if we could solve because they will be keeping more of the less the parents are involved in the education problem, or at least their own money, rather than go out that education, naturally the poorer move in the right direction by re- and earn that extra money they were the success rate with education. empowering our parents to be more ac- sending to Washington before. So I think as we look at this edu- tively involved in our kids’ education, As we lower the tax burden, parents cation problem, the right answer is to we would also see significant improve- will be able to make the decision to do everything we can to get the Fed- ment in areas of crime, drugs, teen spend more time with their families, eral Government out of the way and re- pregnancies and teen smoking. and when they spend more time with their families, hopefully they are ac- turn the power of education to decide b 1915 what the kids are taught, where it is tively involved in their kids’ edu- taught, and how it is taught, that One other thing on the social side cation. So we have reempowered the needs to be returned to our parents, to that I think should be mentioned, parents to have control of their kids’ our teachers, to our communities, to today we have a practice in America education, what they are taught, how our school boards, and not be con- called partial birth abortions. The Sen- it is taught, and where it is taught. trolled out here. ate just voted last week to not override They now have more free time. There is an interesting side benefit the President’s veto of a partial birth As we reduce this tax burden, they from this, and we voted on this bill last abortion ban. are not forced into the second, third, week. If we could get that money back Many people in America still do not and fourth jobs, so they are more in- to the control of the local schools, and know exactly what a partial birth volved in their kids’ education. It we get these bureaucracies, because, abortion is. This is not going to be any- solves the education problem, or at remember, 760 different education pro- where near as graphic as what we have least moves in the right direction of grams, 760 different bureaucracies, all seen about the President, but I do solving the education problem. the bureaucrats getting paid before any think it is important we understand Of course, the by-product is that money gets to the classroom to help what it is. those other social problems we men- the kids. In a partial birth abortion, it occurs tioned, we expect to see lower crime If we could require that 95 cents of as late as the 7th, 8th, or 9th month of rates, less drug use, fewer teen preg- every dollar that the Federal Govern- a woman’s pregnancy. The child is par- nancies, less teen smoking. ment spends on education actually tially delivered feet first, all the way When we put this picture together, winds up in the classroom, it would up to the head. The delivery is stopped, we pay off the debt, no interest pay- mean there would be an additional the child’s life is ended, and they then ments, it is easy to put money away $9,000 for every school in the country complete the delivery. Remember, just for social security. Lower taxes em- without raising taxes open the people, seconds more on that delivery and the powers parents not to have to take a $400-plus for every classroom in Amer- child lives. We are talking about a second and third job. It puts us in a po- ica if we just get the Federal Govern- healthy baby whose life is ended just sition where we can now start seeing ment out of the way. That money before it takes its first breath. solutions to social problems, not by today is paying government bureau- Folks, I think when we look at Amer- Washington mandates or somebody out crats in Washington. ica, this partial birth abortion issue, it here grabbing their jacket and say, I H8516 CONGRESSIONAL RECORD — HOUSE September 23, 1998 know how to do it, but rather, empow- Real interest rates, adjusted for in- ready the next trouble spot, as inves- ering parents to be actively involved in flation, are currently at a 9-year high. tors are beginning to pull their money the kids’ lives. Federal Reserve Board Chairman Alan from emerging markets there and else- The greater involvement by the par- Greenspan admitted as much to the where around the world. ents in the kids’ lives, the farther we House Committee on Banking earlier The down side of living in a global move down the road towards solving this year when he said the following: economy has finally hit home, and we the social problems facing our country. ‘‘Statistically, it is a fact that real in- are unprepared for it. We have rushed That is how we spend the majority of terest rates are higher now than they into this global economy without our our time. have been on the average of the post- eyes open sufficiently. Interest rates I should conclude by saying I am not World War II period.’’ on 30-year Treasuries are at record so naive to think that I or somehow We may wonder why short-term in- lows, and are actually below the Fed- somebody in this city or any of my col- terest rates can be so high when the eral funds rate. Corporate earnings leagues can wave a magic wand of some Federal Reserve has held them steady were down in the second quarter and sort and say, okay, it all happens. I am at 5.5 percent since March of 1997. The are likely to be off again in the third not that naive. answer to that question, of course, is quarter, judging from the early reports But when we start thinking about inflation, or more precisely, the lack of of many companies. The farm debt is at goals for a generation, paying off debt, inflation in our economy. its highest level since 1985, as commod- restoring Social Security, reducing the As measured by the Consumer Price ity prices slide and the global markets tax burden so parents can have more Index, the rate of inflation is currently for goods dry up. Our trade deficit is time with their families, improving the at 1.6 percent. The CPI in fact has been the highest it has ever been, and it involvement of parents in the edu- below 2 percent for many months. keeps increasing at record increments cation process, and as parents are more When we factor in this low inflation each and every month, month after involved in their kids’ lives, lower rate, real interest rates currently are month. crime rates and fewer drugs, fewer teen more than 4 times as high as they were The stock market seems to be on a pregnancies, those are the goals we in 1992 at the end of the last recession. daily roller coaster ride, and a decline need to be working for as a country. We are paying more in interest than we in equity values, which is apparent, We need as Americans to focus on a should be paying. could dampen confidence and slow con- positive bright light out there, and The Federal Reserve Board has been sumer and business spending as people start looking again as to what we can hypervigilant about wringing inflation watch their wealth evaporate. do for the good of the future of this from our economy. They interpret Mr. Speaker, this is why I am intro- country over the course of the next 5, every positive indicator, low unem- ducing a sense of the Congress resolu- 10, 15, 20 years, over the course of the ployment, rising wages, increasing pro- tion calling on the Federal Reserve next generation. ductivity, every one of those indicators Board to lower the Federal funds rate f are interpreted by the Fed as a sign promptly. I hope that this resolution that prices are going to rise. Of course, will be supported by all the Members. BOLSTERING OUR COUNTRY they have been wrong every time. f AGAINST THE EFFECTS OF THE The Fed, in fact, in its fixation on in- GLOBAL ECONOMIC CRISIS flation, is fighting, in effect, the last DUTY, HONOR, AND COUNTRY The SPEAKER pro tempore (Mr. major war on inflation, which occurred The SPEAKER pro tempore. Under SNOWBARGER). Under a previous order back in the 1970s. Their mindset is a the Speaker’s announced policy of Jan- of the House, the gentleman from New 1970s mindset. The economy has uary 7, 1997, the gentleman from Colo- York (Mr. HINCHEY) is recognized for 5 changed, of course, dramatically since rado (Mr. MCINNIS) is recognized for 60 minutes. that period. minutes. Mr. HINCHEY. Mr. Speaker, I want I began calling for the Federal Re- Mr. MCINNIS. Mr. Speaker, as I begin to spend the next several minutes talk- serve to lower interest rates more than my remarks this evening, I know some ing about something that is very im- a year ago, last summer, when it be- Members may have to leave the floor. portant to all Americans, but some- came clear that falling unemployment Some may have other business. But thing that is being, at least until re- was not going to cause inflation to there are three words that I ask Mem- cently, largely ignored here in our rise. I was concerned at that time that bers when they leave this evening to country; that is, the global economic the Fed would see the first real, albeit remember: duty, honor, and country. crisis that originally expressed itself in modest, increase in workers’ wages in Those words obviously come from the Japan some 7 years ago, and then almost two decades as a precursor to speech given in 1962 by General Mac- gradually swept across all of east Asia, inflation, and that they would act to Arthur: duty, honor, country. and is now expressing itself in Russia, slow the economic growth, either by Our country right now is not in a with the devaluation of the ruble and raising interest rates or not by lower- constitutional crisis. Our country right other economic problems in that coun- ing them. This was before the east now is not like the situation in Russia, try, and also in countries in South Asian economic situation was a factor where, because we have a bump in the America and Latin America and else- in the rest of the world, and particu- road dealing with the highest levels of where around the world. larly, in our economy. our government, our government is on We, as the strongest economy in the At the end of the last October, when the verge of collapse. It is not on the world, have been somewhat insulated the dimensions of the Asian crisis be- verge of collapse. from the first direct effects of this came apparent, I urged Chairman Our country has the strongest econ- global economic crisis. But the fact of Greenspan to hold the line on interest omy yet remaining in the world. Our the matter is that we are not immune rates until we knew how Asia would economy has the strongest military in from its effects, and we need to begin play out here in this country. I was the world. Our economy has the strong- to bolster ourselves against it if we are concerned that disinflation or even de- est educational system in the world. going to maintain strength in our own flation due to the strong dollar and in- Our economy has the strongest health economy. creased imports might be the real prob- care system in the world. Our country One of the most important things lem facing us. In fact, currently our clearly has more freedoms than any that we need to do is to reduce our real trade deficit is the major economic def- other country in the world. Our coun- interest rates. That will enable our icit we are confronting as a Nation. try helps more immigrants than any economy to strengthen by making Since that time, the situation in Asia other country in the world. Our coun- money less expensive, so people can has not gotten any better. In fact, it try welcomes more immigrants than make the purchases they need, the continues to worsen. Barely a month any other country in the world. longer term purchases they need to ago the Russian government devalued So as we go through these times, try- make, so that business can strengthen the ruble and defaulted on their obliga- ing times in Washington, D.C., do not themselves and be prepared for the im- tions, setting off another global eco- be mistaken, for there is a lot more pact of this economic onslaught. nomic problem. Latin America is al- that is going right in our country than September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8517 there is that is going wrong. But to- ‘‘What the words teach. They teach Mr. Speaker, I want to visit for a night, by necessity, I want to talk you to be proud and unbending in hon- minute, we have had lots of discussion about some of the things that I think est failure, but humble and gentle in in the last few weeks about telling the are necessary for this country to con- success. Not to substitute words for ac- truth, about fundamental honesty, tinue to have that reputation, that rep- tions, not to seek the path of comfort, about a word called ‘‘perjury.’’ I have utation being that there are more but to face the stress and spur of dif- here the definition of perjury. For the things going right in this country than ficulty and challenge. To learn to stand rule of law to work, we have got to there are going wrong. up in the storm, but to have compas- have a system that demands honesty. I think, as an elected official, and sion on those who fall. To master your- In our system, we have an oath that this would apply to any publicly elect- self before you seek to master others. we take before we testify in court. We ed official in this country, we must re- To have a heart that is clean, a goal have all heard that oath 100,000 times member three other words: always for that is high, to learn to laugh, yet on TV shows. Some have experienced them. Always for them, that is our never forget how to weep. To reach that oath in a court of law. Those who, duty, that is our obligation, and that is into the future, yet never neglect the like me, went through law school and our commitment. We come second, you past. were accepted by the local courts went come first: always for them. ‘‘To be serious, yet never to take through an oath with that court. We Let us go back to duty, honor, and yourself too seriously. To be modest so swear to tell the truth. We swear to it. country. As some watch the news here, that you will remember the simplicity Those who serve in public office were as we watch it here in the next few of true greatness, the open mind of sworn to an oath and in that oath if it days, and hopefully we can expedite true wisdom, the meekness of true was not explicit, it was certainly im- through the difficulties we have back strength. plied that they had a commitment and here in this city, but as it goes on for ‘‘They give you a temperate will, a a duty to tell the truth. months, as we watch it through the quality of the imagination, a vigor of Perjury: False declarations before a months, if we have questions about in- the emotions, a freshness of the deep grand jury or court, or a court, any tegrity, if we have questions about ac- springs of life, a temperamental pre- jury, any court. Whoever, under the tions, if we have questions about com- dominance of courage over timidity, of oath at any proceeding before or any mitment, if we have questions about an appetite for adventure over love of ancillary to the court or grand jury of leadership, I think we can always safe- ease. They create in your heart the the United States, knowingly makes ly return to General MacArthur’s sense of wonder, the unfailing hope of any false material declaration. words: duty, honor, and country. ‘what next?’ and joy and inspiration of Notice that for our rule of law to pre- I am not going to go through all of life.’’ vail, we do not put a comma there and General MacArthur’s speech this we do not put the words after the b evening, but I think there are some ap- 1930 comma, ‘‘except when it is uncomfort- propriate spots to talk about within Those words should be read by every- able.’’ We do not allow an exception to this speech, and then we can get to a body in this country who is running for perjury if it is uncomfortable to tell little more of the substance of the public office in this November’s elec- the truth. We do not allow an excep- other issues which I earlier discussed. tion. These words should be read by tion to perjury. We do not put a comma The address by General of the Army every teacher, every college professor, there and allow an exception to perjury Douglas MacArthur to the cadets of every minister, everybody who has if it is embarrassing to tell the truth. the United States Military Academy, someone younger than they or every- We do not allow an exception to per- on May 12, 1962, was a memorable trib- body who has somebody looking to jury if it is a private matter and we do ute to the ideals that inspired America. them for advice. not want to share it with anybody. We As long as other Americans serve their Those words should be read, because do not allow someone not to tell the country as courageously and honorably this country is a country of standards. truth because they do not want to as the general did, our country will re- This country is a country of expecta- share it with anybody. We require, it is main great, and General MacArthur’s tions. This country is a country of words, duty, honor, and country, will very simple, that they must tell the great people. But it is a country that is live on. truth and the reason is that our system tested at every turn. And if we do not Let me take an excerpt from the has to work. speech: ‘‘Duty, honor, country. Those meet these standards, truthfulness, Those out there could put a lot of three hallowed words reverently dic- dedication, patriotism, and it goes on blanks behind this comma. We could tate what you ought to be, what you and on, if we do not meet those simple come up with any kind of exception we can be, and what you will be.’’ standards, this country will go around want. But at end of the day, we are ‘‘They are your rallying point to a bend and go right off the curve. going to find out that it is very simple. build courage when courage seems to Now, we have been tested, as I said, There are not exceptions. At the end of fail. To regain faith when there seems for 300 years. Tested before the country the day, we will say to ourselves: It is to be little cause for faith. To create became a country. Tested when we a beautifully designed definition. hope when hopes become forlorn. came to this land. Tested throughout Because, Mr. Speaker, if we allowed ‘‘Unhappily, I possess neither the elo- this history. And, of course, overall we exceptions, how could we stop? And quence of dictation, that poetry of have succeeded. But most of the time if certainly if we allow an exception for imagination, nor the brilliance of met- we look at our success, it is not a mat- one person, let us say we have some- aphor to tell you what they all mean. ter of luck. It is a matter of standards. body who is a great friend, a good citi- The unbelievers will say they are but When we talk about some of the zen in the community, he has done a words, but a slogan, but a flamboyant areas that we need to look at that lot for the community. We do not put phrase. Every pundit, every dema- make this country great, there are a comma on there that says, ‘‘Except gogue, every cynic, every hypocrite, three areas I think are specific. One of for Scott McInnis.’’ We do not put a every troublemaker, and I am sorry to them is called the rule of law. Now, the comma on there that says, ‘‘Except for say some others of entirely different basic philosophy of the rule of law in Good Guy John’’ or ‘‘Good Lady Jane.’’ character, will try to downgrade them our country is that the law is king. Re- We cannot do it. It will not work. The even to the extent of mockery and ridi- member that. The law is king. The system cannot afford a leak like that. cule. But those are some of the things king is not the law. Through years and years, our system, they do. Now, there are other countries in the our court system, public officers, pub- ‘‘These words build your basic char- world, and of course throughout our licly elected officials, have sustained acter. They mold you for your future history, where the king was above the this definition by following it. roles as custodians of the Nation’s de- law. In our country, we do not make Recently, I have gotten some inter- fense. They make you strong enough to that exception. In our country, the law esting correspondence, as some might know when you are weak and brave is the king. Nobody is above the law. It guess, from constituents regarding enough to face yourself when you are is elementary for the success of this issues. Let me say this evening and afraid. country. make it very clear, there may appear H8518 CONGRESSIONAL RECORD — HOUSE September 23, 1998 to be gaps in my comments tonight. As will raise them like my parents raised What I did not think about was, as I we all know, we have the strictest pro- me. To respect the truth, to take per- shot through the hedge, I was shooting tocol in the country as to what we can sonal responsibility immediately and out the neighbor’s windows. and cannot say on this floor, and I am effectively. Now, I can tell you that when the doing everything I can to stay within ‘‘The greatest sin of character in my neighbor came over, alarmed and, of those rules. It is my obligation as a mind is to take the easy path, the path course, the police came because they Congressman to follow the rules of this of least resistance, the popular way. thought somebody was shooting at House. So, the comments I am about to ‘‘Holding hearings, Mr. Congressman, them, I thought they had kind of over- make have been heavily edited so as may not be popular, but it may be the exaggerated the situation, but now not to offend the protocol or the rules only way we the American people can when I look back, I wonder why they of the House of Representatives. sort out who we are and what it is that did not shoot back. But when they Mr. Speaker, this is a constituent means something. Can our leaders take came to my folks and my folks got me, letter: as much responsibility as my 12-year- I told my folks I was sorry. My dad ‘‘I’ve never written to any elected of- old son? Make no mistake, Mr. Con- said to me, that is good. We forgive ficial before.’’ By the way, this is dated gressman, that job means as much to you. But there are consequences. Just Friday, September 11. ‘‘I’ve never writ- my son as the President’s job probably saying you are sorry does not mean ten to any elected official before. But means to him. you get to keep your BB gun. You do in light of current events, I find it nec- ‘‘This country must find the will to not, son. Give us the BB gun. We are essary to write now. I am a resident of figure out who we are again. Do we locking it up. And by the way, locking Denver County and currently not reg- make excuses for everything and every- up the BB gun is not your only con- istered as either a Republican or an one, or do we take the more difficult sequence. You not only give up the Independent. I am a swing voter, since path? We are trusting you, Mr. Con- privilege that we trusted you with, and I usually vote for the person and not gressman, to do what is right, not what that was that gun, but, son, you have the party, having voted for Bill Clinton is expedient or popular. I am not sure damages. You have consequences. We in 1992, Bob Dole in 1996, Dukakis in I know what that is, but I know this have got some windows over there in 1998 and anybody but Reagan in 1980 country cannot crumble just because of the neighbor’s house that you broke. and 1984. a scandal. This must be looked into Your apology does not go far enough. ‘‘I do not know the answers yet to and the facts must be determined.’’ You will go out and work to pay for the the action that should be taken about Mr. Speaker, John Adams wrote a cost of those window repairs. the current presidency. I do not know dissertation on the canon and feudal What am I alluding to? I am alluding whether impeachment is the ultimate law and the rule of law, and I quote to the fact that as a public official, our answer until all the facts have come from John Adams: ‘‘The people have a private lives are to an extent private. out. But I do feel strongly that hear- right, an indisputable, unalienable, in- For example, I do not think that the ings should commence. If nothing else, defensible, divine right to that most public that I represent as a Congress- if no action winds up being taken, this dreaded and envied kind of knowledge. man, mind you, I am a Congressman country needs to address morality and I mean of the characters and the con- from the State of Colorado, I am voted honesty for all of us. duct of their rulers.’’ for by the people of the 3rd congres- ‘‘What is it that makes this country Let me repeat that. ‘‘I mean of the sional district of the State of Colorado, great? I used to be a court reporter and characters and the conduct of their rul- but I represent the United States of administered the oath daily and it ers. Rulers are no more than attorneys, America. I am a Congressman of the means something to me. It is hard for agents and trustees for the people. And United States, not just Colorado. Obvi- me to hear anyone saying, ‘‘Everybody if the cause, the interest, and the trust ously, I would love to tell you more does it. Nobody prosecutes people that is insidiously betrayed or wantonly tri- about Colorado. That is a lot of my do not tell the truth under oath.’’ If fled away, the people have the right to heritage and so on and so forth, but the that is so, why do we, Mr. Congress- revoke the authority that they them- fact is that my constituents in Colo- man, bother to even administer the selves have deputed and to constitute rado or constituents throughout this oath? and have abler and better agents, at- country should not have the right to go ‘‘I have two young men that I am torneys and trustees.’’ in and photograph me going to the raising as a single parent. One is 12 bathroom. My private matters with my b 1945 years old and one is 8 years old. My 12- wife are not necessarily matters of the year-old son, Alex, and I were talking The people have that right. Remem- public. But when we step up to the about the current events one evening ber, you can always come back, plate to represent you, there are mat- and he remarked, ‘Can someone not throughout this speech this evening, if ters of our private life that do become tell the truth and get away with it?’ you are leaving us midspeech, walk out public business. When I said it is possible and I do not of here with just those three words: You have a lot of trust in us. You know that they will be punished for duty, honor and country. For those of have a lot of faith in us. So do not let not telling the truth, he had a stunned you who have to leave tonight that somebody say to you, well, their pri- look of disbelief and it was somewhat want to continue your public service, vate lives are of no consequence. What painful to me. remember the other three words: Al- if SCOTT MCINNIS was a sleeping Chi- ‘‘This is a young man who cannot lie. ways for them, always for them. nese spy? That is of consequence. What He has a job walking dogs and one day I want to say to some of you, as an if I was driving a brand new Rolls- he forgot to do his job. He did not try elected official, let me tell you, I am Royce every day and you knew my in- to hide or conceal it. He called up the not perfect. I had some entertaining come was $136,000 a year? You have a woman he works for and he told her days in my younger days. I was one of reasonableness to inquire as to, SCOTT, what had happened. He was sorry; to those people that got out of high where did this money come from. not pay him for that day because he school and people said I could not wait What if I do not show up in Congress had been careless and irresponsible. He to get out. I had a blast. I had a great to represent you. I show up for roll call could have committed a lie of omis- time in college. In fact, every day I and leave the day after. And when you sion, but he did not. He fessed up im- have had the opportunity and the privi- say, where have you been all day, you mediately and he took responsibility. lege by the Good Lord to be on this are missing a lot of votes? Sorry, that ‘‘That is the kind of adult I want him earth, I have enjoyed it. is my private life. That is my private to become. Though I did not tell him Sure, we have gone through some life, my private life. You have no right right when he made his decision on tragedies, but I am not pretending to to inquire just because you elected me what course to take, I would have be perfect. I remember one time when I as to what I do with my day if I am made him quit his job immediately had was young, lying in my folks’ ham- doing it privately. Of course, our pri- he not done the right thing. I am try- mock with my air gun, it is like a BB vate lives have windows in them. That ing to raise children in a society that gun, that is what they used to call it. is to be expected. We knew that in ad- is coming apart in many ways. But I I was shooting through the hedge. vance. Sometimes that can go too far. September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8519 Let me move on to the next part that Democrat, Republican, unaffiliated, I commented to my wife, Lori, the I spoke of, I think it is important to nonregistered, we have to sit down and other day, I said, do you know some- address tonight. That is moral char- we have to say, what do we need to re- thing, is it not neat to go to any event acter. There are 6 pillars of character, pair a model? The model has to have where they play our national anthem? core elements of character. Not too respect. You do not see anybody sitting. They many years ago an organization called Responsibility. Obviously, you have all stand. You do not see anybody that Character Counts, which is a bipartisan responsibility. You have to be respon- has to be helped up, hey, stand up, organization, had people like Congress- sible for your actions. I used to be a po- stand up, this is our national anthem. woman Barbara Jordan, actor Tom lice officer. That is why I keep coming It is automatic. There is a lot of pride. Selleck and many other people from back with these police officer exam- There is a lot of citizenship. What across the country, sat down and said, ples. If a police officer goes through builds that? Greatness. What builds as I said earlier in this speech, the pil- town and he runs through a red light, greatness? These 6 pillars. lars of this country are based not on he has got lights and sirens, you have Let me talk about integrity for a mo- the person but the character of the per- a code 1 call, an officer is down, you ment. I was going through the different son. It is character that builds a per- have the responsibility to drive that books and looking, I love quotes. I love son. vehicle at a safe speed in a safe manner reading quotes. I found one on integ- And our country, to assure ourselves to get to the scene where you are rity by John F. Kennedy, our Presi- of the future as much as we have had going. You have a responsibility with dent. Let me read it: comfort and satisfaction out of the that job. For of those to whom much is given, of past, must continue and enhance its In the letter that I just read to you those to whom much is given, much is re- obligation to character. from a constituent, that young man quired. And when at some future date the And they outlined 6 areas that I had the responsibility to walk his dogs, high court of history sits in judgment on think we should look at every time we walk the neighbor’s dogs. His mother each one of us, recording whether in our brief span of service we fulfilled our respon- question somebody who serves you. If had a responsibility to make sure that when her son did not carry out his re- sibilities to the State, our success or failure we have a general in the military, we in whatever office we hold will be measured should question about these 6 pillars. If sponsibility, that it was her respon- by answers to four questions. First, were we we have a private in the military, we sibility to tell him about that and fill truly men of courage? Second, were we truly ought to ask, we ought to look at it. If the gap. Responsibility. It comes from men of judgment? Third, were we truly men we have a school teacher, we ought to the top down. of integrity? And finally, were we truly men look at it. If we have a Congressman, Remember the boy that walked the of dedication? we ought to look at it. The President? dogs. He looked from the top and said, Every one of us on this House floor, We ought to look at it. These are 6 what if at the top there is not respon- every one of us and everybody in public standards of character. sibility? Do I have to have responsibil- service, whether elected or appointed, Let me say to you that if we drop any ity? That is the consequences of not should ask those four. First, were we of these standards, you have created keeping this pillar of responsibility truly men of courage? Second, were we not a small leak, you have just put a strong. truly men of judgment? Third, were we gap in the Titanic. You have got to Justice and fairness. We talked about truly men of integrity? And finally, have standards. I am not saying per- justice and fairness. The rule of law. were we truly men of dedication? fect. I have already told you, I shot out Let me repeat that for those of you There are lots of questions that we the windows of my neighbor’s house who have just come on to the floor, the need to ask when we talk about integ- rule of law. Remember, in our country sitting in a hammock, not knowing rity. There are lots of questions that justice and fairness says that the law is what I was doing, when I was 8 or 10 we need to ask when we talk about king. The king is not the law. these 6 pillars of character. years old. Of course, we do not have Caring. Caring is important. There perfect leaders, but we all know right Today, Mr. Speaker, let us ask them are not a lot of people that I have met of ourselves. What would happen and here in the gut, we know in the gut in my life, met one or two that I have what should happen to us in the United what common sense tells us is a good seen through the criminal court sys- States Congress if we did not tell the leader. What common sense, right here tem that were not caring, but I have truth, if we did not have that kind of in the gut. You know when you are met very few people outside of that integrity? Unfortunately, as you and I doing something wrong. You know that did not have a caring bone in know, in the past, as in any profession, when somebody else is doing something them. Of course, they care, either a whether it is the clergy or whether it is wrong. You also in the gut know when death in the family or somebody, de- any profession, some people have not it is about time to stand up and say, spite the stories you read about once in lived up to that standard. Thankfully, what about the 6 pillars of character. a while in the newspapers. When I trav- during my tenure here, when some of Trustworthiness. You have every el the highways, as I do extensively in right in private life, in public life when the State of Colorado, whenever there our colleagues have failed to live up to you elect somebody to serve you in is an accident, usually the biggest that standard, the process has stood up public office, when you appoint a pub- problem the police have is there is too to them. So we have had accountabil- lic official to serve you, when you have many volunteers. There is too much ity. a police officer that is hired, when you help. So people in this country care. Let us ask about the rule of law. We have a school teacher, your clergy, you That is an important pillar. need to ask ourselves about the rule of have every right to trust them. You I think our country has a lot of it, law. How is not telling the truth any have every right to have an expecta- and it is demonstrated by what we do different than a burglar? In fact, my tion from them flowing to you of trust- for hungry people. We feed more hun- way of looking at things, it could be worthiness, respect. How can you have gry people than any other country in much, much more significant, because leadership without respect? the world. I am talking about hungry we all hold positions of trust. There are Let me bring this point up. Do you people in other countries as well as our a lot of people that depend on us. There know that since about August 17th, own country. are not a lot of people in this country every group of people that I have met Civic virtue and citizenship. Of who watch what we do day-to-day. with, say, three people or more, there course we need to have citizenship. Boy Why? Because they depend on us. There has not been one group that somebody Scouts, Girl Scouts, we will talk about are not a lot of people who do not have has not pulled me aside and told me a them in a few minutes. to go to work, who can sit and watch C- joke, not to be mean or anything, but Mr. Speaker, we are going to talk SPAN or read books or read reports on told me a joke degrading the Presi- about here in a minute about the Boy us or come observe us here on the dency of this country. We cannot do Scouts and the Girl Scouts and some House floor every day. Why? Because that. We have to have respect for that other societies and our clergy. We have they have other things to do. They ex- highest office. If we do not have respect civic virtue and citizenship. We talk pect us to do our job. for the highest office in the country, about that. We talk about that in Is it asking too much of us to do our then we have got to sit down all of us, schools. job right, to do the thing that is right? H8520 CONGRESSIONAL RECORD — HOUSE September 23, 1998 Oh, sure, we are going to have disagree- We have other military examples. We a day, you are on duty 24 hours a day. ments on philosophy. Somebody may have people that go through a pretty You are expected to respond to the agree with welfare reform; somebody rough sledding, for example, our Su- standards, to the needs of the citizens, may oppose it. Somebody may want to preme Court appointees, before they to the commitment to this country, to spend more government money, raise get put into their slot. the commitment to your department, taxes; somebody may want to cut Ladies and gentlemen, we have an ob- 24 hours a day. That does not mean you taxes. That is not what I am talking ligation in this country, Democrat, Re- have to be perfect, but it does mean about, not honest dispute. What I am publican, whatever, we have an obliga- you have to come in above those stand- talking about is integrity. tion in this country to make sure that ards. Firemen, same thing; minister, rabbi, my gosh, what a crushing blow it b 2000 that standard becomes higher and higher as it goes up the ladder of lead- would be to any one of us to find out I am talking about these pillars of ership. They should expect it of us and that our rabbi or our priest or our min- character counts. Does not the char- we should expect it of the leaders that ister did not meet the standards of acter of our leaders reflect the people we have amongst ourselves, and the which he spoke to us, of which he that they represent? It does, and it can people have every right to expect that. taught us, of which he guided us. be seen here. We want it from our teachers, we want The coach, the teacher, the CEO, I have been lucky enough to serve it from our coaches, we want it from chief executive officer, the judge, a su- with my colleagues. I consider it a our policeman. pervisor at any level, a supervisor at privilege. I consider myself very, very Listen to Thomas Jefferson, ‘‘He who any level, we all have standards. If any fortunate. As John F. Kennedy said, for permits himself to tell a lie once, finds of these people worked for you, think those of us to whom much is given, it much easier to do it a second and a about that, if any of these people much is required. I, like my colleagues, third time, till at length it becomes ha- worked for you, what would you do? work many, many long hours. I, like bitual; he tells lies without attending By the way, I work for the people. We my colleagues, travel to the district, to it, and truths without the worlds be- all work for the people of this country. travel throughout, listen to lots and lieving him. This falsehood of the The President works for the people of lots of people. Not because we are great tongue leads to that of the heart, and this country. Police officers work for leaders but because we have great peo- in time depraves all its good disposi- their community. A coach works. Let us take an example. You all ple that we represent. tion.’’ What is the difference between us and Ralph Waldo Emerson, not referring know a good teacher. You all know others? We actually have a higher specifically to these six character, pil- that your communities had good teach- standard. The average person, for ex- lars of character but referring to char- ers and good coaches. Think what would happen in your community if ample, a few minutes ago my col- acter in general, said, and many of my you had the best teacher you had ever leagues will remember we were talking colleagues know this, if you act, you had in the history of your school, best about the private life and the public show character; if you sit still, you teacher you had ever had and let us say life of an elected official, well, the av- show character; if you sleep, you show that allegations of sexual impropriety erage citizen has a much larger param- character. between that teacher and a student be- eter protecting their private lives. In Thomas Jefferson again: ‘‘Sometimes came known in your community and fact, in our Constitution we go to great it is said that man cannot be trusted were factually shown to be true. length to make sure that the govern- with the government of himself.’’ Let ment cannot, without warrant, knock How long, despite the fact that this me repeat that. ‘‘Sometimes it is said teacher was an excellent teacher, de- down a door and come into someone’s that man cannot be trusted with the house. spite the fact that this teacher was government of himself. Can he then be your good friend and a friend of many When we are serving the public, we trusted with the government of oth- give up a portion of that. When we give people in the community, how long ers?’’ would it be before that teacher or that up a portion of that, we come to those That is the first inaugural address, standards I talked about, and we have coach lost their job? March 4, 1801, Thomas Jefferson. It would happen like that. You can- standards and we have standards that We have certain standards in our so- not show me one school district in this are fairly uniform. ciety. We have oaths that we take. You country where a teacher would get a Let us take a couple of examples. In remember the letter I read earlier. I report like that on a Friday and be in the military, in our military acad- have other letters I will comment on a classroom teaching again on a Mon- emies, we have all dreamed at one time but the one that says, hey, not every- day. It does not happen. We have basic or another probably of our kids having body does it. Why do we administer an standards. the privilege to go to a military acad- oath? I was a court reporter. I gave I can tell my colleagues that we can- emy; one of the highest honors in your those oaths. not have higher standards for our college, when you go to college, one of I was not, but I am quoting from this teachers than we do for our congress- the highest honors you can achieve in letter. men. We cannot have higher standards this country. Let me say, those stand- We have standards in office. We have for our teachers than we do for the ards are impeccable, impeccable. If the oaths to the office of the presi- President of the United States. It is someone lies at the academy, they are dency, I do solemnly swear that I will called the rule of law. It is called the out; if they go out and do something faithfully, faithfully, faithfully, exe- greatness of this country. It is called they are not supposed to do, they are cute the office of the President of the the standards of character. We are role out. Why? Because these people will go United States and will, to the best of models. Every one of us in this cham- on to be great leaders. my ability, preserve, protect and de- ber is fortunate to be here. Every one Well, it ought to go on up the ladder fend the Constitution of the United that I know, and I know every one of and it does go on up the ladder. States. the Members personally, some not as Not long ago we had a military pilot. We have standards for many other well as others but I know my col- This military pilot flew nuclear bomb- jobs, which are very important, and in leagues well enough to know that they ers. This military pilot was alleged to their own regards, as important as per- take their oath seriously; I know them have an affair, something else on the haps the office of the presidency is to well enough to know that they work a side. It was against the rules. We could the occupant of that office. Remember lot of long hours in here. not risk it. We cannot risk that high the lady who wrote about their 12-year- Sure, we get a lot of criticism, some standard because of the consequences old that walked the dog and she said, of it deserved, a lot of it not, but the of what could happen. It may not have you know, to that 12-year-old boy of fact is I know that there are a lot of happened with that particular individ- mine his job was as important to him dedicated people on both sides of the ual but it could happen if we allowed as the President’s job is to him. aisle. That is what it should be. That is this standard to be lowered, if we put a Well, let us look at what we have. how it ought to be. comma behind the definition of per- Policemen, remember, policemen, 24 Remember that when Kennedy in his jury. hours a day, I used to be one, 24 hours speech, again going back to those September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8521 words he said to us, for of those to Now let us talk about something what the quarterback is up to. So our whom much is given, much is required. very practical: Effectiveness. You may line, our front line is beginning to say, What are one of the elements that is be an honorable Congressman. You ‘‘Wait a minute. Wait a minute. You required? I will tell my colleagues may be a well liked Congressman. You know, if I had to ask, maybe that quar- what is required: Be a role model, to be may be a well liked president. The terback would have come on the field a role model. question is, are you effective? And I or maybe the quarterback did come on Now, our Boy Scouts take oaths, our think the best example to use when we the field and it was not until we start- Girl Scouts take oaths, our students talk about this is to talk about foot- ed running plays that we figured out he stand up for the National Anthem be- ball. had a broken arm.’’ cause we have role models in this coun- This is football season right now. We That is what we have got here. Let try. If we have a role model who for have a pretty clear understanding of me come back to saying that our quar- some reason can no longer be a role what football is, and what we need. terback has to be extremely effective. model, it is incumbent, it is incumbent Now, from Colorado, of course, I take Now, the beauty of what our football upon us, it is our responsibility right great pride in John Elway of the Den- team has, again comparing it to our there, it is our responsibility to get a ver Broncos. I probably just lost some country, is that we have got a backup new role model because we cannot af- of my colleagues here on the floor, but quarterback. We do not have to give up ford to have poor role models in this that aside, I want them to know I and forfeit our game. We do not have to country. think we are going to have a repeat walk off the football field because our Take a look, for example, about the year for the Broncos, for those who quarterback has got a broken arm. We Boy Scouts and Girl Scouts principles. might be interested, but let us talk have got a backup quarterback. With- The Boy Scout law, do you know what about a football example. Let us say we out missing one beat, without missing the first element of the Boy Scout law have got a great team, that is the one play, we can put a backup quarter- is? Trustworthy. A scout tells the United States of America, and let us back in that slot and our team can con- truth. He keeps his promises. His hon- say that our line people, the people tinue with its great progress forward, esty is a part of his code of conduct. that defend and allow us to move for- or it can stop with great strength the People can depend on a scout. ward in progression or stop our oppo- progress of the other team or the at- Girl Scout law, I will do my best to nents from moving against us, let us tempted progress coming this direc- be honest. It is honesty. It is honesty. say those line people are your elected tion. The system has got checks and Let me go back and talk about the officials or your appointed public offi- balances in it. scout for a moment, a letter that I got cials. Folks, we need to think about what recently, very, very discouraged be- Let us say that for a minute on this is the effect of the difficulties that our cause the Eagle Scout award is signed example. Let us say we have got a country is now facing. We need to ask by elected officials in our country. In quarterback that is a very popular ourselves the question, does our quar- fact, the Boy Scout, Eagle Scout award quarterback, and a quarterback who, in terback have a broken arm? We need to is signed by the President of the United some people’s mind, a quarterback who also say to ourselves, ‘‘I love that quar- States. The question that came in on has performed very well in his past per- terback. I like the guy. You know, it’s this was, my son just got his Eagle formances, a matter of controversy but not right that he got his arm broken.’’ Scout award. What does this certificate let us just say for the sake of the argu- But even those of you who say that, mean? ment the quarterback was well liked and I do not think that is widely We should ask ourselves, should the and performed well. The quarterback shared, but even those who say that, I certificate that has our signatures on shows up one day and kind of has hid- think you especially have an obligation it meet those standards? I think it den in his coat his arm, he will not to step forward to the rest of the team should. It is kind of automatic that we bring his arm out. Finally the fact and say, ‘‘Look, I love the guy, I love put the President’s signature on some- comes out that the quarterback has a the quarterback, but he can’t pass the thing like that because we expect the broken arm. ball. He can’t be top-notch. He can’t office of the presidency to meet those Now, you may disagree but we all deliver as he has delivered in the past. kind of standards. huddle together and we argue and say, It is time to bring the backup quarter- Have they been met? I do not know. well, how did he break his arm? Well, I back onto the field.’’ I do not think so. Do we have a role happen to think, says one, he broke it Now, I should tell you that effective- model? If we have a problem with a himself but somebody else says, no, no, ness is questioned in a number of edi- role model, are we ready to look at the it got broken but it was not his fault. torials across this country. Let me just role model? What do we need to im- The guy has been such a great quarter- for a couple of minutes say to all of prove the role model? Because we want back, he should not have a broken arm. you, I hope that tonight you have got- the future Boy Scouts to be proud of b ten the gist of my comments. As I have that. We want, when you go in a class- 2015 said to you, my comments have been room anywhere in this country, and The bottom line is our quarterback highly edited. Not because there was you ask these young people, name the has a broken arm. nasty language, not because there were 5 people for which you have the most Now, no matter how much you like sexual terms that should not have been respect, we want the very highest the quarterback, no matter how unfor- used. None of that was in the speech to elected officials in our country to be on tunate you think it is that the quarter- start with. None of it. But we have that list of 5. back got his arm broken, no matter very strict protocol. I agree with that. How did you get on that list of 5? By what party affiliation you are, no mat- I have an obligation and a duty to fol- fulfilling standards, by living up to ter whether or not you are a registered low it. But I hope you have gotten the those standards, by being great. That player or a voter, the fact is you have gist of it. The gist of it is that we have is what takes you to greatness. got a lot of risk, you have got a lot in- a moral duty in this country to make I want to talk now and switch gears vested in this football team. It is your sure that the leaders that you elect are for a minute and talk about integrity team. It is the greatest team in the there and there for you. We have the and honesty. We have said they are the world. rule of law that we have to live by. And key components of leadership, obvi- Now, do you put the quarterback we have the standards of conduct that ously. We said that the key compo- with the broken arm back on the field we have got to stand by. nents of leadership are not a private no matter how much you like him? The Let me just say to you that our effec- matter but it is of extreme public in- fact is with a broken arm, the quarter- tiveness at this level has been called terest, whether our elected leaders back cannot pass, the quarterback can- into question by probably 166 major have such characteristics and use them not hand off, the quarterback cannot newspapers. This is a list of calls for daily in their important decisions. We run with the football, and because the resignation: talked about that. We talked about quarterback came into the locker room Asheville, NC; Appleton, WI; Ama- standards. We talked about duty, kind of concealing the fact that he had rillo, TX; Albuquerque; Cincinnati honor, country. a broken arm, not everybody is sure Enquirer; Columbia, SC; Los Angeles; H8522 CONGRESSIONAL RECORD — HOUSE September 23, 1998 Lynchburg, VA; Kingston; Hamilton, (The following Members (at the re- committee had examined and found OH; Franklin, IN; Rocky Mountain quest of Mr. MCNULTY) to revise and truly enrolled a bill of the House of the News, CO; Denver Post, CO; Durham, extend their remarks and include ex- following title, which was thereupon NC; Douglas, AZ; Des Moines Register; traneous material:) signed by the Speaker: Dalton, GA, Daily Citizen; Mobile Reg- Mr. CONYERS, today, for 5 minutes. H.R. 1856. An Act to amend the Fish and ister; Monroe, LA; New Orleans; New Mr. HINCHEY, today, for 5 minutes. Wildlife Act of 1956 to promote volunteer London; New Orleans Times; Newport Mr. MINGE, today, for 5 minutes. programs and community partnerships for News; Newton Kansan; Norfolk; North Mr. GOODE, today, for 5 minutes. the benefit of national wildlife refuges, and Platte; Ogden, UT; Orange County; (The following Members (at the re- for other purposes. Rochester; St. George, UT; San Anto- quest of Mr. WHITFIELD) to revise and f nio, TX; Washington; Watertown, NY; extend their remarks and include ex- Wisconsin; Topeka; Stockton, CA; Or- traneous material:) SENATE ENROLLED BILL SIGNED Mr. WHITFIELD, today, for 5 minutes. egon; South Carolina; South Dakota; The SPEAKER announced his signa- Mr. RIGGS, today, for 5 minutes. ture to an enrolled bill of the Senate of Washington; Seattle, WA; Nebraska; (The following Member (at his own the following title: Savannah. You name it. One hundred request) to revise and extend his re- sixty-six major players in this country marks and include extraneous mate- S. 1695. An Act to authorize the Secretary of the Interior to study the suitability and are saying to us, ‘‘Your quarterback rial:) has a broken arm. This team needs to feasibility of designating the Sand Creek Mr. HINCHEY for 5 minutes, today. Massacre National Historic Site in the State get the backup quarterback onto the f field.’’ of Colorado as a unit of the National Park System, and for other purposes. Mr. Speaker, let me conclude the EXTENSION OF REMARKS same way that I started. That is, with By unanimous consent, permission to f six words. First of all, the three words revise and extend remarks was granted ADJOURNMENT of General MacArthur’s speech. As I to: said earlier, those three words. Any (The following Members (at the re- Mr. MCINNIS. Mr. Speaker, I move time that you have got a question quest of Mr. MCNULTY) and to include that the House do now adjourn. about what is occurring here, anytime extraneous material:) The motion was agreed to; accord- that as you go through the pressure Mr. MILLER of California. ingly (at 8 o’clock and 22 minutes that we are talking about, that we are Mr. SKELTON. p.m.), the House adjourned until to- seeing here in the next few days, any- Mr. VISCLOSKY. morrow, Thursday, September 24, 1998, time any of you out there have a ques- Mr. MENENDEZ. at 10 a.m. tion about the standards and the char- Mr. KIND. f Mr. HAMILTON. acter and the ethics and can our quar- Ms. SANCHEZ. terback play, remember, let me forget EXECUTIVE COMMUNICATIONS, Mr. KLINK. ETC. the other three words, let me just talk Mr. LEVIN. about the three most important words: Mr. KANJORSKI. Under clause 2 of rule XXIV, execu- Duty, honor and country. Let us do Mr. STOKES. tive communications were taken from what we can do. Let us do what we Mr. RODRIGUEZ. the Speaker’s table and referred as fol- were elected to do. Let us do what we Mr. POMEROY. lows: are committed to do, to be sure that Mr. LANTOS. [Omitted from the Record of September 22, 1998] General MacArthur’s words live on: Mr. BORSKI. 11084. A letter from the Administrator, Ag- Duty, honor and country. Ms. SLAUGHTER. ricultural Marketing Service, transmitting Mr. KUCINICH. f the Service’s final rule — Kiwifruit Grown in Mr. KLECZKA. California; Temporary Suspension of an In- ANNOUNCEMENT BY THE SPEAKER Ms. LEE. spection Requirement [Docket No. FV98-920- PRO TEMPORE Mr. NEAL of Massachusetts. 2 FR] received September 1, 1998, pursuant to Mr. DEUTSCH. 5 U.S.C. 801(a)(1)(A); to the Committee on The SPEAKER pro tempore (Mr. Mr. CLYBURN. Agriculture. SNOWBARGER). The Chair would remind Mr. FARR of California. 11085. A letter from the Deputy Executive the Member to refrain from discussing Mr. ADAM SMITH of Washington. Director, Commodity Futures Trading Com- the personal conduct of the President, (The following Members (at the re- mission, transmitting the Commission’s even as a point of reference. quest of Mr. WHITFIELD) and to include final rule — Maintenance of Minimum Fi- nancial Requirements by Futures Commis- f extraneous material:) Mr. PETRI. sion Merchants and Introducing Brokers [17 CFR Part 1] received August 28, 1998, pursu- LEAVE OF ABSENCE Mr. BURTON of Indiana. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. SAXTON. By unanimous consent, leave of ab- on Agriculture. Mr. LEWIS of California. sence was granted to: 11086. A letter from the Deputy Executive Mr. EHRLICH. Mr. BURTON of Indiana (at the re- Director, Commodity Futures Trading Com- Mr. CRANE. mission, transmitting the Commission’s quest of Mr. ARMEY) for today and the Mr. WOLF. balance of the week on account of a final rule — Orders Eligible for Post-execu- Mrs. ROUKEMA. tion Allocation [17 CFR Part 1] received Au- death in the family. Mr. RADANOVICH. gust 28, 1998, pursuant to 5 U.S.C. Mr. GOSS (at the request of Mr. Mrs. JOHNSON of Connecticut. 801(a)(1)(A); to the Committee on Agri- ARMEY) for today and September 24 on Mr. FRELINGHUYSEN. culture. account of illness in the family. (The following Members (at the re- 11087. A letter from the Administrator, Mr. SHAW (at the request of Mr. quest of Mr. MCINNIS) and to include Food Safety and Inspection Service, Depart- ARMEY) for today on account of a death extraneous material:) ment of Agriculture, transmitting the De- in the family. Mr. PACKARD. partment’s ‘‘Major’’ final rule — Refrigera- tion and Labeling Requirements for Shell Mr. DIAZ-BALART (at the request of Mr. WEYGAND. Eggs [Docket No. 97-069F] (RIN: 0583-AC04) Mr. ARMEY) for today on account of of- Mr. JENKINS. Mr. STARK. received August 28, 1998, pursuant to 5 U.S.C. ficial business in connection with the 801(a)(1)(A); to the Committee on Agri- Mrs. MYRICK. impending hurricane in his district. culture. Mr. REDMOND. f 11088. A letter from the Administrator, Ag- Mr. HOYER. ricultural Marketing Service, Department of Mr. COSTELLO. SPECIAL ORDERS GRANTED Agriculture, transmitting the Department’s f final rule — Kiwifruit Grown in California; By unanimous consent, permission to ENROLLED BILL SIGNED Decreased Assessment Rate [Docket No. address the House, following the legis- FV98-920-3 IFR] received August 27, 1998, pur- lative program and any special orders Mr. THOMAS, from the Committee suant to 5 U.S.C. 801(a)(1)(A); to the Commit- heretofore entered, was granted to: on House Oversight, reported that that tee on Agriculture. September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8523 11089. A letter from the Administrator, Ag- September 2, 1998, pursuant to 5 U.S.C. Environmental Protection Agency, transmit- ricultural Marketing Service, Department of 801(a)(1)(A); to the Committee on Banking ting the Agency’s final rule — Approval and Agriculture, transmitting the Department’s and Financial Services. Promulgation of Implementation Plans; final rule — Nectarines and Peaches Grown 11099. A letter from the General Counsel, California State Implementation Plan Revi- in California; Revision of Handling and Re- Department of Housing and Urban Develop- sion, Bay Area Air Quality Management Dis- porting Requirements for Fresh Nectarines ment, transmitting the Department’s final trict [CA 20-7-0084a FRL-6138-8] received Au- and Peaches [Docket No. FV98-916-1 FIR] re- rule — Termination of an Approved Mortga- gust 31, 1998, pursuant to 5 U.S.C. ceived August 27, 1998, pursuant to 5 U.S.C. gee’s Origination Approval Agreement 801(a)(1)(A); to the Committee on Commerce. 801(a)(1)(A); to the Committee on Agri- [Docket No. FR-4239-F-02] (RIN: 2502-AG99) 11110. A letter from the Director, Office of culture. received September 1, 1998, pursuant to 5 Regulatory Management and Information, 11090. A letter from the Administrator, Ag- U.S.C. 801(a)(1)(A); to the Committee on Environmental Protection Agency, transmit- ricultural Marketing Service, Department of Banking and Financial Services. ting the Agency’s final rule — Approval and Agriculture, transmitting the Department’s 11100. A letter from the Director, Office of Promulgation of Implementation Plan; Illi- final rule — Fluid Milk Promotion Order; Legislative Affairs, Federal Deposit Insur- nois [IL172-1a; FRL 6152-5] received August Amendments to the Order [DA-98-04] received ance Corporation, transmitting the Corpora- 31, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to September 10, 1998, pursuant to 5 U.S.C. tion’s final rule — Filing Procedures and the Committee on Commerce. 801(a)(1)(A); to the Committee on Agri- Delegations of Authority; Unsafe and Un- 11111. A letter from the Director, Office of culture. sound Banking Practices; Registration of Regulatory Management and Information, 11091. A letter from the Administrator, Ag- Transfer Agents; International Banking; Environmental Protection Agency, transmit- ricultural Marketing Service, Department of Management Official Interlocks; and Golden ting the Agency’s final rule — Approval and Agriculture, transmitting the Department’s Parachutes and Indemnification Payments Promulgation of Implementation Plans; final rule — Oranges, Grapefruit, Tangerines, (RIN: 3064 — AC02) received August 26, 1998, Louisiana: Reasonable Available Control and Tangelos Grown in Florida; Increased pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Technology for Emissions of Volatile Or- Assessment Rate [Docket No. FV98-905-3 FR] mittee on Banking and Financial Services. ganic Compounds from Batch Processes [LA- received September 10, 1998, pursuant to 5 11101. A letter from the General Counsel, 47-1-7388a; FRL-6156-3] received September 2, U.S.C. 801(a)(1)(A); to the Committee on Ag- Federal Emergency Management Agency, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the riculture. transmitting the Agency’s final rule — Committee on Commerce. 11092. A letter from the Administrator, Ag- Changes in Flood Elevation Determinations 11112. A letter from the Director, Office of ricultural Marketing Service, Department of [Docket No. FEMA-7248] received August 5, Regulatory Management and Information, Agriculture, transmitting the Department’s 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Environmental Protection Agency, transmit- final rule — Fresh Prunes Grown in Des- Committee on Banking and Financial Serv- ting the Agency’s final rule — Approval and ignated Counties in Washington and ices. Promulgation of State Air Quality Plans for Umatilla County, Oregon; Increased Assess- 11102. A letter from the General Counsel, Designated Facilities and Pollutants; Com- ment Rate [Docket No. FV98-924-1 FR] re- Federal Emergency Management Agency, monwealth of Virginia; Control of Total Re- ceived September 10, 1998, pursuant to 5 transmitting the Agency’s final rule — List duced Sulfur Emissions from Existing Kraft U.S.C. 801(a)(1)(A); to the Committee on Ag- of Communities Eligible for the Sale of Pulp Mills [VA 011-5034a; FRL-6155-9] re- ceived September 2, 1998, pursuant to 5 riculture. Flood Insurance [Docket No. FEMA-7691] re- 11093. A letter from the Administrator, Ag- ceived August 5, 1998, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on ricultural Marketing Service, Department of 801(a)(1)(A); to the Committee on Banking Commerce. 11113. A letter from the Director, Office of Agriculture, transmitting the Department’s and Financial Services. Regulatory Management and Information, final rule — Irish Potatoes Grown in South- 11103. A letter from the General Counsel, Environmental Protection Agency, transmit- eastern States; Increased Assessment Rate Federal Emergency Management Agency, ting the Agency’s final rule — Characteristic [Docket No. FV98-953-1 FIR] received Sep- transmitting the Agency’s final rule — Final Slags Generated from Thermal Recovery of tember 10, 1998, pursuant to 5 U.S.C. Flood Elevation Determinations [44 CFR Lead by Secondary Lead Smelters; Land Dis- 801(a)(1)(A); to the Committee on Agri- Part 67] received August 5, 1998, pursuant to posal Restrictions; Final Rule; Extension of 5 U.S.C. 801(a)(1)(A); to the Committee on culture. Effective Date [FRL-6155-7] received Septem- 11094. A letter from the Administrator, Ag- Banking and Financial Services. ber 2, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); ricultural Marketing Service, Department of 11104. A letter from the General Counsel, to the Committee on Commerce. Agriculture, transmitting the Department’s Federal Emergency Management Agency, 11114. A letter from the Director, Office of final rule — Winter Pears Grown in Oregon transmitting the Agency’s final rule — Sus- Regulatory Management and Information, and Washington; Increased Assessment Rate pension of Community Eligibility [Docket Environmental Protection Agency, transmit- [Docket No. FV98-927-1 FR] received Septem- No. FEMA-7692] received August 5, 1998, pur- ting the Agency’s final rule — Determina- ber 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); suant to 5 U.S.C. 801(a)(1)(A); to the Commit- tion of Attainment of the Air Quality for to the Committee on Agriculture. tee on Banking and Financial Services. PM-10 in the Liberty Borough, Pennsylvania 11095. A letter from the Administrator, 11105. A letter from the General Counsel, Area [FRL-6149-3] received September 2, 1998, Rural Development, Department of Agri- Federal Emergency Management Agency, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- culture, transmitting the Department’s final transmitting the Agency’s final rule — mittee on Commerce. rule — Year 2000 Compliance, Telecommuni- Changes in Flood Elevation Determinations 11115. A letter from the Director, Office of cations Program (RIN: 0572-AB43) received [44 CFR Part 65] received August 5, 1998, pur- Regulatory Management and Information, August 31, 1998, pursuant to 5 U.S.C. suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Environmental Protection Agency, transmit- 801(a)(1)(A); to the Committee on Agri- tee on Banking and Financial Services. ting the Agency’s final rule — State of New culture. 11106. A letter from the Federal Register Jersey; Final Program Determination of 11096. A letter from the Congressional Re- Liaison Officer, Office of Thrift Supervision, Adequacy of State Municipal Solid Waste view Coordinator, Animal and Plant Health transmitting the Office’s final rule — Risk- Landfill Permit Program [FRL-6155-8] re- Inspection Service, Department of Agri- Based Capital Standards: Unrealized Holding ceived September 2, 1998, pursuant to 5 culture, transmitting the Department’s final Gains on Certain Equity Securities [Docket U.S.C. 801(a)(1)(A); to the Committee on rule — Brucellosis; Increased Indemnity for No.] (RIN 1550-AB11) received August 28, 1998, Commerce. Cattle and Bison [Docket No. 98-016-2] re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 11116. A letter from the Secretary, Federal ceived September 10, 1998, pursuant to 5 mittee on Banking and Financial Services. Trade Commission, transmitting the Com- U.S.C. 801(a)(1)(A); to the Committee on Ag- 11107. A letter from the Deputy Executive mission’s final rule — Rule Concerning Dis- riculture. Director and Chief Operating Officer, Pen- closures Regarding Energy Consumption And 11097. A letter from the Special Assistant sion Benefit Guaranty Corporation, trans- Water Use Of Certain Home Appliances And to the Board, Board of Governors of the Fed- mitting the Corporation’s final rule — Allo- Other Products Required Under The Energy eral Reserve System, transmitting the cation of Assets in Single-Employer Plans; Policy and Conservation Act (‘‘Appliance La- Board’s final rule — Risk-Based Capital Interest Assumptions for Valuing Benefits beling Rule’’) [16 CFR Part 305] received Sep- Standards: Unrealized Holding Gains on Cer- [29 CFR Part 4044] received August 11, 1998, tember 10, 1998, pursuant to 5 U.S.C. tain Equity Securities [Regulations H and Y; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Commerce. Docket No. R-0982] received September 11, mittee on Education and the Workforce. 11117. A letter from the Director, Regula- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 11108. A letter from the Director, Office of tions Policy and Management Staff, Food Committee on Banking and Financial Serv- Regulatory Management and Information, and Drug Administration, transmitting the ices. Environmental Protection Agency, transmit- Administration’s final rule — Radiology De- 11098. A letter from the Legislative and ting the Agency’s final rule — Acquisition vices; Classifications for Five Medical Image Regulatory Activities Division, Comptroller Regulation: Administrative Amendments Management Devices; Correction [Docket of the Currency, Administrator of National [FRL 6.55-5] received August 31, 1998, pursu- No. 96N-0320] received September 2, 1998, pur- Banks, transmitting the Office’s final rule — ant to 5 U.S.C. 801(a)(1)(A); to the Committee suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Risk-Based Capital Standards: Unrealized on Commerce. tee on Commerce. Holding Gains on Certain Equity Securities 11109. A letter from the Director, Office of 11118. A letter from the Director, Regula- [Docket No. 98-12] (RIN: 1557-AB14) received Regulatory Management and Information, tions Policy and Management Staff, Office of H8524 CONGRESSIONAL RECORD — HOUSE September 23, 1998 Policy, Food and Drug Administration, Clauses’’ in the Federal Employees Health [Docket No. 980603145-8186-02; I.D. 052998C] transmitting the Administration’s final rule Benefits Program (RIN: 3206-AI27) received (RIN: 0648-AL33) received September 18, 1998, — Irradiation in the Production, Processing August 26, 1998, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Handling of Food; Correction [Docket 801(a)(1)(A); to the Committee on Govern- mittee on Resources. No. 98N-0392] received September 10, 1998, ment Reform and Oversight. 11137. A letter from the General Counsel, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 11129. A letter from the Assistant Sec- Department of Transportation, transmitting mittee on Commerce. retary for Fish and Wildlife and Parks, De- the Department’s final rule — Safety Zone; 11119. A letter from the Director, Regula- partment of the Interior, transmitting the Toward a Better Life Fireworks Display, tions Policy and Management Staff, Office of Department’s final rule — Migratory Bird Dorchester Bay, Boston, MA [CGD01-98-131] Policy, Food and Drug Administration, Hunting; Early Seasons and Bag and Posses- (RIN: 2115-AA97) received September 10, 1998, transmitting the Administration’s final rule sion Limits for Certain Migratory Game pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- — Pediculicide Drug Products for Over-the- Birds in the Contiguous United States, Alas- mittee on Transportation and Infrastruc- Counter Human Use; Final Monograph; Tech- ka, Hawaii, Puerto Rico, and the Virgin Is- ture. nical Amendment; Correction [Docket No. lands (RIN: 1018-AE93) received August 28, 11138. A letter from the General Counsel, 81N-0201] (RIN: 0910-AA01) received Septem- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of Transportation, transmitting ber 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); Committee on Resources. the Department’s final rule — Regulated to the Committee on Commerce. 11130. A letter from the Assistant Sec- Navigation Area: Copper Canyon, Lake 11120. A letter from the Director, Regula- retary of Labor for Mine Safety and Health, Havasu, Colorado River; Correction [CGD11- tions Policy and Management Staff, Office of Department of Labor, transmitting the De- 97-010] (RIN: 2115-AE84) received September Policy, Food and Drug Administration, partment’s final rule — Improving and 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to transmitting the Administration’s final rule Eliminating Regulations; Flame Safety the Committee on Transportation and Infra- — Status of Certain Additional Over-the- Lamps and Single-Shot Blasting Units (RIN: structure. Counter Drug Category II and III Active In- 1219-AA98) received September 10, 1998, pur- 11139. A letter from the General Counsel, gredients [Docket No. 98N-0636] (RIN: 0910- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Department of Transportation, transmitting AA01) received September 10, 1998, pursuant tee on Resources. the Department’s final rule — Safety Zone: to 5 U.S.C. 801(a)(1)(A); to the Committee on 11131. A letter from the Assistant Sec- Gloucester Schooner Festival Fireworks Dis- Commerce. retary for Legislative Affairs, Department of play, Gloucester Harbor, Gloucester, MA 11121. A letter from the Director, Regula- State, transmitting the Department’s final [CGD01-98-130] (RIN: 2115-AA97) received Sep- tions Policy and Management Staff, Office of rule — Revised Notice of Guidelines for De- tember 10, 1998, pursuant to 5 U.S.C. Policy, Food and Drug Administration, termining Comparability of Foreign Pro- 801(a)(1)(A); to the Committee on Transpor- transmitting the Administration’s final rule grams for the Protection of Sea Turtles in tation and Infrastructure. — Listing of Color Addititves for Coloring Shrimp Trawl Fishing Operations [Public 11140. A letter from the General Counsel, Sutures; D & C Violet No. 2; Confirmation of Notice 2876] received September 1, 1998, pur- Department of Transportation, transmitting Effective Date [Docket No. 95C-0399] received suant to 5 U.S.C. 801(a)(1)(A); to the Commit- the Department’s final rule — Safety Zone: September 10, 1998, pursuant to 5 U.S.C. tee on Resources. Around Alone 98/99 Fireworks, Custom House 801(a)(1)(A); to the Committee on Commerce. 11132. A letter from the Director, Office of Reach, Charleston, SC [COTP CHARLESTON 11122. A letter from the Director, Regula- Sustainable Fisheries, National Marine Fish- 98-053] (RIN: 2115-AA97) received September tions Policy and Management Staff, Office of eries Service, National Oceanic and Atmos- 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Policy, Food and Drug Administration, pheric Administration, transmitting the Ad- the Committee on Transportation and Infra- transmitting the Administration’s final rule ministration’s final rule — Fisheries Off structure. — Indirect Food Additives: Adjuvants, Pro- West Coast States and in the Western Pa- 11141. A letter from the General Counsel, duction Aids, and Sanitizers [Docket No. cific; Pacific Coast Groundfish Fishery; Department of Transportation, transmitting 98F-0057] received September 10, 1998, pursu- Fixed Gear Sablefish Mop-Up [Docket No. the Department’s final rule — Special Local ant to 5 U.S.C. 801(a)(1)(A); to the Committee 971229312-7312-01; I.D. 081998B] received Sep- Regulations; 1998 Busch Beer Drag Boat Clas- on Commerce. tember 2, 1998, pursuant to 5 U.S.C. sic; Kaskaskia River Mile 28.0-29.0, New Ath- 11123. A letter from the Office of Congres- 801(a)(1)(A); to the Committee on Resources. ens, Illinois [CGD08-98-054] (RIN: 2115-AE46) sional Affairs, Nuclear Regulatory Commis- 11133. A letter from the Director, Office of received September 10, 1998, pursuant to 5 sion, transmitting the Commission’s final Sustainable Fisheries, National Marine Fish- U.S.C. 801(a)(1)(A); to the Committee on rule — Nuclear Criticality Safety Standards eries Service, National Oceanic and Atmos- Transportation and Infrastructure. for Fuels and Material Facilities [Regu- pheric Administration, transmitting the Ad- 11142. A letter from the General Counsel, latory Guide 3.71] received September 10, ministration’s final rule — Fisheries of the Department of Transportation, transmitting 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Northeastern United States; Atlantic Mack- the Department’s final rule — Drawbridge Committee on Commerce. erel, Squid, and Butterfish Fisheries; Closure Operation Regulation; Lafourche Bayou, LA 11124. A letter from the Director, Office of of Directed Fishery for Illex Squid [Docket [CGD08-98-052] (RIN: 2115-AE47) received Sep- Congressional Affairs, Nuclear Regulatory No. 971107264-8001-02; I.D. 082098A] received tember 10, 1998, pursuant to 5 U.S.C. Commission, transmitting the Commission’s September 2, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- final rule — Consolidated Guidance about 801(a)(1)(A); to the Committee on Resources. tation and Infrastructure. material Licenses: Applications for Sealed 11134. A letter from the Deputy Assistant 11143. A letter from the General Counsel, Source and Device Evaluation and Registra- Administrator for Fisheries, National Oce- Department of Transportation, transmitting tion [NUREG-1556] received September 1, anic and Atmospheric Administration, trans- the Department’s final rule — Drawbridge 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the mitting the Administration’s final rule — Operating Regulation; Victoria Channel, TX Committee on Commerce. Fisheries of the Caribbean, Gulf of Mexico, [CGD08-98-049] (RIN: 2115-AE47) received Sep- 11125. A letter from the Assistant Legal and South Atlantic; Reef Fish Fishery of the tember 10, 1998, pursuant to 5 U.S.C. Adviser for Treaty Affairs, Department of Gulf of Mexico; Red Snapper Management 801(a)(1)(A); to the Committee on Transpor- State, transmitting Copies of international Measures and Closure of the Recreational tation and Infrastructure. agreements, other than treaties, entered into Fishery [Docket No. 980818222-8222-01; I.D. 11144. A letter from the General Counsel, by the United States, pursuant to 5 U.S.C. 081898A] (RIN: 0648-AL61) received September Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Inter- 2, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department’s final rule — Railroad Com- national Relations. the Committee on Resources. munications [Docket No. RSOR-12; Notice 11126. A letter from the Executive Director, 11135. A letter from the Assistant Adminis- No. 5] (RIN: 2130-AB19) received September Committee For Purchase From People Who trator for Fisheries, National Marine Fish- 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Are Blind Or Severely Disabled, transmitting eries Service, National Oceanic and Atmos- the Committee on Transportation and Infra- the Committee’s final rule — Procurement pheric Administration, transmitting the Ad- structure. List Additions and Deletions — received Au- ministration’s final rule — Fisheries off 11145. A letter from the General Counsel, gust 31, 1998, pursuant to 5 U.S.C. West Coast States and in the Western Pa- Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Govern- cific; Northern Anchovy Fishery; Quotas for the Department’s final rule — Airworthiness ment Reform and Oversight. the 1998-99 Fishing Year [Docket No. Directives; Eurocopter France Model 11127. A letter from the Director, Office of 980806211-8211-01; I.D. 071598I] (RIN: 0648- SA.315B, SA.316B, SA.316C, SA.319B, and Personnel Management, transmitting the Of- AK24) received September 2, 1998, pursuant SE.3160 Helicopters [Docket No. 98-SW-23- fice’s final rule — Federal Employees Health to 5 U.S.C. 801(a)(1)(A); to the Committee on AD; Amendment 39-10725; AD 98-10-09] (RIN: Benefits Program: Contributions and Resources. 2120-AA64) received September 10, 1998, pur- Withholdings (RIN: 3206-AI33) received Sep- 11136. A letter from the Assistant Adminis- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- tember 2, 1998, pursuant to 5 U.S.C. trator for Fisheries, National Oceanic and tee on Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Govern- Atmospheric Administration, transmitting 11146. A letter from the General Counsel, ment Reform and Oversight. the Administration’s final rule — Fisheries Department of Transportation, transmitting 11128. A letter from the Director, Office of Off West Coast States and in the Western Pa- the Department’s final rule — Standard In- Personnel Management, transmitting the Of- cific; Western Pacific Crustacean Fisheries; strument Approach Procedures; Miscellane- fice’s final rule — Prohibition of ‘‘Gag Bank/Area-Specific Harvest Guidelines ous Amendments [Docket No. 29315; Amdt. September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8525 No. 1886] (RIN: 2120-AA65) received Septem- 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to 11168. A letter from the National Director ber 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); the Committee on Transportation and Infra- of Appeals, Internal Revenue Service, trans- to the Committee on Transportation and In- structure. mitting the Service’s final rule — Dollar- frastructure. 11157. A letter from the General Counsel, Value LIFO Segment of Inventory Excluded 11147. A letter from the General Counsel, Department of Transportation, transmitting from The Computation of the LIFO Index — Department of Transportation, transmitting the Department’s final rule — Revision of received September 1, 1998, pursuant to 5 the Department’s final rule — Standard In- Class E Airspace; Grand Isle, LA [Airspace U.S.C. 801(a)(1)(A); to the Committee on strument Approach Procedures; Miscellane- Docket No. 98-AWS-29] received September Ways and Means. ous Amendments [Docket No. 29316; Amdt. 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to 11169. A letter from the National Director No. 1887] (RIN: 2120-AA65) received Septem- the Committee on Transportation and Infra- of Appeals, Internal Revenue Service, trans- ber 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); structure. mitting the Service’s final rule — Dollar- to the Committee on Transportation and In- 11158. A letter from the General Counsel, Value LIFO Bargain Purchase Inventory — frastructure. Department of Transportation, transmitting received September 1, 1998, pursuant to 5 11148. A letter from the General Counsel, the Department’s final rule — Revision of U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting Class E Airspace; Sabine Pass, TX [Airspace Ways and Means. the Department’s final rule — Airworthiness Docket No. 98-ASW-28] received September 11170. A letter from the Chief Counsel, In- Directives; Schempp-Hirth K.G. Model Cirrus 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to ternal Revenue Service, transmitting the Sailplanes [Docket No. 98-CE-51-AD; Amend- the Committee on Transportation and Infra- Service’s final rule — Administrative, Proce- ment 39-10722; AD 98-18-06] (RIN: 2120-AA64) structure. dural, and Miscellaneous [Notice 98-34] re- received September 10, 1998, pursuant to 5 11159. A letter from the General Counsel, ceived August 26, 1998, pursuant to 5 U.S.C. U.S.C. 801(a)(1)(A); to the Committee on Department of Transportation, transmitting 801(a)(1)(A); to the Committee on Ways and Transportation and Infrastructure. the Department’s final rule — Revision of Means. 11149. A letter from the General Counsel, Class E Airspace, San Diego, North Island 11171. A letter from the Chief, Regulations Department of Transportation, transmitting NAS, CA [Airspace Docket No. 98-AWP-20] Unit, Internal Revenue Service, transmitting the Department’s final rule — Airworthiness received September 10, 1998, pursuant to 5 the Service’s final rule — Requirements inci- Directives; Airbus Industrie Model A300-600 U.S.C. 801(a)(1)(A); to the Committee on dent to adoption and use of LIFO inventory Series Airplanes [Docket No. 95-NM-200-AD; Transportation and Infrastructure. method [Revenue Procedure 98-46] received 11160. A letter from the General Counsel, Amendment 39-10718; AD 98-18-02] (RIN: 2120- August 26, 1998, pursuant to 5 U.S.C. Department of Transportation, transmitting AA64) received September 10, 1998, pursuant 801(a)(1)(A); to the Committee on Ways and the Department’s final rule — Revocation of to 5 U.S.C. 801(a)(1)(A); to the Committee on Means. Class D Airspace; Tustin MCAS, CA [Air- Transportation and Infrastructure. 11172. A letter from the National Director space Docket No. 98-AWP-19] received Sep- 11150. A letter from the General Counsel, of Appeals, Internal Revenue Service, trans- tember 10, 1998, pursuant to 5 U.S.C. Department of Transportation, transmitting mitting the Service’s final rule — Covenants 801(a)(1)(A); to the Committee on Transpor- the Department’s final rule — Airworthiness Not to Compete — received September 1, tation and Infrastructure. Directives; General Electric Company CF6-6 11161. A letter from the Director, Office of 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Series Turbofan Engines [Docket No. 98- Regulatory Management and Information, Committee on Ways and Means. ANE-18-AD; Amendment 39-10726; AD 98-18- Environmental Protection Agency, transmit- 11173. A letter from the Chief, Regulations 10](RIN: 2120-AA64) received September 10, ting the Agency’s final rule — Process and Unit, Internal Revenue Service, transmitting 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the Criteria for Funding State and Territorial the Service’s final rule — Administrative, Committee on Transportation and Infra- nonpoint Source Management Programs in Procedural and Miscellaneous Roth IRA structure. FY 1999 — received September 2, 1998, pursu- Guidance [Notice 98-49] received September 11151. A letter from the General Counsel, ant to 5 U.S.C. 801(a)(1)(A); to the Committee 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Department of Transportation, transmitting on Transportation and Infrastructure. the Committee on Ways and Means. the Department’s final rule — Improved 11162. A letter from the Chief Counsel, Bu- 11174. A letter from the Secretary of Standards for Determining Rejected Takeoff reau of the Public Debt, transmitting the Health and Human Services, transmitting and Landing Performance [Docket No. 25471; Bureau’s final rule — Offering Regulations the Department’s ‘‘Major’’ final rule — Med- Amendment Nos. 1-48, 25-92, 91-256, 121-268, for United States Savings Bonds, Series I [31 icaid and Title IV-E Programs; Revision to 135-71] (RIN: 2120-AB17) received September CFR Part 359] received August 31, 1998, pur- the Definition of an Unemployed Parent 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to suant to 5 U.S.C. 801(a)(1)(A); to the Commit- [HCFA-2106-FC] (RIN: 0938-AH79) received the Committee on Transportation and Infra- tee on Ways and Means. September 2, 1998, pursuant to 5 U.S.C. structure. 11163. A letter from the Chief, Regulations 801(a)(1)(A); jointly to the Committees on 11152. A letter from the General Counsel, Division, Bureau of Alcohol, Tobacco and Ways and Means and Commerce. Department of Transportation, transmitting Firearms, transmitting the Bureu’s final 11175. A letter from the Secretary of De- the Department’s final rule — Establishment rule — Implementation of Public Law 105-34, fense, transmitting a report on the retire- of Class E Airspace; Collegeville, PA [Air- Sections 908, 910, and 1415, Related To Hard ment of General William W. Hartzog, United space Docket No. 98-AEA-06] received Sep- Cider, Semi-Generic Wine Designations, and States Army, and his advancement to the tember 10, 1998, pursuant to 5 U.S.C. Wholesale Liquor Dealers’ Signs (97-2523) grade of general on the retired list; to the 801(a)(1)(A); to the Committee on Transpor- [T.D. ATF-398] (RIN: 1512-A71) received Sep- Committee on National Security. tation and Infrastructure. tember 2, 1998, pursuant to 5 U.S.C. 11176. A letter from the Secretary of De- 11153. A letter from the General Counsel, 801(a)(1)(A); to the Committee on Ways and fense, transmitting a report on the retire- Department of Transportation, transmitting Means. ment of Lieutenant General Douglas D. the Department’s final rule — Revocation of 11164. A letter from the Chief, Regulations Buchholz, United States Army, and his ad- Class D and E Airspace; Crows Landing, CA Unit, Internal Revenue Service, transmitting vancement to the grade of lieutenant general [Airspace Docket No. 98-AWP-12] received the Service’s final rule — Designated Private on the retired list; to the Committee on Na- September 10, 1998, pursuant to 5 U.S.C. Delivery Services [Notice 98-47] received Sep- tional Security. 801(a)(1)(A); to the Committee on Transpor- tember 1, 1998, pursuant to 5 U.S.C. 11177. A letter from the Secretary of De- tation and Infrastructure. 801(a)(1)(A); to the Committee on Ways and fense, transmitting a report on the retire- 11154. A letter from the General Counsel, Means. ment of General David A. Bramlett, United Department of Transportation, transmitting 11165. A letter from the Chief, Regulations States Army, and his advancement to the the Department’s final rule — Revision of Unit, Internal Revenue Service, transmitting grade of general on the retired list; to the Class E Airspace; Leeville, LA [Airspace the Service’s final rule — Forms and instruc- Committee on National Security. Docket No. 98-ASW-27] received September tions [Revenue Procedure 98-49] received 11178. A letter from the President and 10, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to September 1, 1998, pursuant to 5 U.S.C. Chairman, Export-Import Bank of the United the Committee on Transportation and Infra- 801(a)(1)(A); to the Committee on Ways and States, transmitting a report involving U.S. structure. Means. exports to Croatia, pursuant to 12 U.S.C. 11155. A letter from the General Counsel, 11166. A letter from the Chief, Regulations 635(b)(3)(i); to the Committee on Banking Department of Transportation, transmitting Unit, Internal Revenue Service, transmitting and Financial Services. the Department’s final rule — Establishment the Service’s final rule — Limitations [Rev. 11179. A letter from the Director, Defense of Class E Airspace; Grand Chenier, LA [Air- Rul. 98-44] received September 1, 1998, pursu- Security Assistance Agency, transmitting space Docket No. 98-ASW-26] received Sep- ant to 5 U.S.C. 801(a)(1)(A); to the Committee notification concerning the Department of tember 10, 1998, pursuant to 5 U.S.C. on Ways and Means. the Air Force’s Proposed Letter(s) of Offer 801(a)(1)(A); to the Committee on Transpor- 11167. A letter from the Chief, Regulations and Acceptance (LOA) to Egypt for defense tation and Infrastructure. Unit, Internal Revenue Service, transmitting articles and services (Transmittal No. 98-61), 11156. A letter from the General Counsel, the Service’s final rule — Income of partici- pursuant to 22 U.S.C. 2776(b); to the Commit- Department of Transportation, transmitting pants in common trust fund [Revenue Ruling tee on International Relations. the Department’s final rule — Revision of 98-41] received September 1, 1998, pursuant to 11180. A letter from the Director, Defense Class E Airspace; Venice, LA [Airspace 5 U.S.C. 801(a)(1)(A); to the Committee on Security Assistance Agency, transmitting Docket No. 98-AWS-25] received September Ways and Means. the Department of the Navy’s proposed lease H8526 CONGRESSIONAL RECORD — HOUSE September 23, 1998 of defense articles to Spain (Transmittal No. Inspection Service, transmitting the Serv- 11202. A letter from the Assistant Sec- 15-98), pursuant to 22 U.S.C. 2796a(a); to the ice’s final rule— Specifically Approved retary for Export Administration, Depart- Committee on International Relations. States Authorized to Receive Mares and ment of Commerce, transmitting the Depart- 11181. A letter from the Director, Defense Stallions Imported from Regions Where CEM ment’s final rule—Revisions to the Export Security Assistance Agency, transmitting Exists [Docket No. 98–059–2] received Sep- Administration Regulations; Shipper’s Ex- the Department of the Navy’s proposed lease tember 16, 1998, pursuant to 5 U.S.C. port Declaration requirements for exports of defense articles to the Taipei Economic 801(a)(1)(A); to the Committee on Agri- valued less than $2,500 [Docket No. 980730200– and Cultural Representative Office in the culture. 8200–01] (RIN: 0694–AB71) received September United States (Transmittal No. 17-98), pursu- 11193. A letter from the Administrator, Ag- 2, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to ant to 22 U.S.C. 2796a(a); to the Committee ricultural Marketing Service, Department of the Committee on Government Reform and on International Relations. Agriculture, transmitting the Department’s Oversight. 11182. A letter from the Assistant Legal final rule—Almonds Grown in California; In- 11203. A letter from the Acting Director, Adviser for Treaty Affairs, Department of creased Assesment Rate [Docket No. FV98– Bureau of the Census, Department of Com- State, transmitting text of agreements in 981–2 FR] received September 15, 1998, pursu- merce, transmitting the Department’s final which the American Institute in Taiwan is a ant to 5 U.S.C. 801(a)(1)(A); to the Committee rule—Revisions to the Foreign Trade Statis- party between January 1 and December 31, on Agriculture. tics Regulations; Shipper’s Export Declara- 1997, pursuant to 22 U.S.C. 3311(a); to the 11194. A letter from the Director, Office of tion Requirements for Exports Valued at Committee on International Relations. Regulatory Management and Information, Less Than $2,500 [Docket No. 980729198–8198– 11183. A letter from the Chairman, Council Environmental Protection Agency, transmit- 01] (RIN: 0607–AA28) received August 26, 1998, of the District of Columbia, transmitting a ting the Agency’s fianl rule—Imidacloprid; pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- copy of D.C. Act 12-426, ‘‘Uniform Per Stu- Pesticide Tolerances [OPP–300717; FRL–6027– mittee on Government Reform and Over- dent Funding Formula for Public Schools 1] (RIN: 2070–AB78) received September 15, sight. and Public Charter Schools Second Tem- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the 11204. A letter from the Assistant Adminis- porary Act of 1998’’ received September 10, Committee on Agriculture. trator for Fisheries, National Oceanic and 1998, pursuant to D.C. Code section 1— 11195. A letter from the Assistant to the Atmospheric Administration, transmitting 233(c)(1); to the Committee on Government Board, Board of Governors of the Federal Re- the Administration’s final rule—Fisheries of Reform and Oversight. serve System, transmitting the System’s the Exclusive Economic Zone Off Alaska; 11184. A letter from the Chairman, Council final rule—Extended Examination Cycle for Stand Down Requirements for Trawl Catcher of the District of Columbia, transmitting U.S. Branches and Agencies of Foreign Vessels Transiting Between the Bering Sea Council of the District of Columbia’s re- Banks [Regulation K; Docket No. R–1012] re- and the Gulf of Alaska [Docket No. 980903229– sponse to the legislative recommendations of ceived August 25, 1998, pursuant to 5 U.S.C. 8229–01; I.D. 051898A] (RIN: 0648–AK73) re- the District of Columbia Financial Respon- 801(a)(1)(A); to the Committee on Banking ceived September 15, 1998, pursuant to 5 sibility and Management Assistance Author- and Financial Services. U.S.C. 801(a)(1)(A); to the Committee on Re- ity regarding regulatory reform dated May 11196. A letter from the Legislative and sources. 29, 1998, pursuant to D.C. Code section 1—732 Regulatory Activities Division, Office of the 11205. A letter from the Acting Director, and 1—734(a)(1)(A); to the Committee on Gov- Comptroller of the Currency, transmitting Office of Sustainable Fisheries, National Ma- ernment Reform and Oversight. 11185. A letter from the Mayor, District of the Office’s final rule—Capital; Risk-Based rine Fisheries Service, National Oceanic and Columbia, transmitting a copy of a response Capital Guidelines; Capital Adequacy Guide- Atmospheric Administration, transmitting to the legislative recommendations of the lines; Capital Maintenance: Servicing Assets the Administration’s final rule—Atlantic District of Columbia Financial Responsibil- [Docket No. 98–10] (RIN: 1557–AB14) received Tuna Fisheries; Atlantic Bluefin Tuna Fish- ity and Management Assistance Authority, August 7, 1998, pursuant to 5 U.S.C. ery [I.D. 0710981] received September 15, 1998, pursuant to D.C. Code section 47—117(d); to 801(a)(1)(A); to the Committee on Banking pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- the Committee on Government Reform and and Financial Services. mittee on Resources. 11206. A letter from the Acting Director, Oversight. 11197. A letter from the AMD-Performance 11186. A letter from the Information Offi- Evaluation and Records Management, Fed- Office of Sustainable Fisheries, National Ma- cer, Defense Nuclear Facilities Safety Board, eral Communications Commission, transmit- rine Fisheries Service, National Oceanic and transmitting a report of activities under the ting the Commission’s final rule—Amend- Atmospheric Administration, transmitting Freedom of Information Act from January 1, ment of Parts 2, 15, and 97 of the Commis- the Administration’s final rule—Fisheries off 1997 to September 30, 1997, pursuant to 5 sion’s Rules to Permit Use of Radio Fre- West Coast States and in the Western Pa- U.S.C. 552(d); to the Committee on Govern- quencies Above 40 GHz for New Radio Appli- cific; Pacific Coast Groundfish Fishery; Cu- ment Reform and Oversight. cations [ET Docket No. 94–124] [RM–8308] re- mulative Limit Period Changes [Docket No. 11187. A letter from the Director, Office of ceived September 15, 1998, pursuant to 5 971229312–7312–01; I.D. 081498B] received Sep- Personnel Management, transmitting the an- U.S.C. 801(a)(1)(A); to the Committee on tember 15, 1998, pursuant to 5 U.S.C. nual report of the Civil Service Retirement Commerce. 801(a)(1)(A); to the Committee on Resources. and Disability Fund for Fiscal Year 1997, 11198. A letter from the AMD-Performance 11207. A letter from the Assistant Adminis- pursuant to 5 U.S.C. 1308(a); to the Commit- Evaluation and Records Management, Fed- trator for Fisheries, National Oceanic and tee on Government Reform and Oversight. eral Communications Commission, transmit- Atmospheric Administration, transmitting 11188. A letter from the Inspector General, ting the Commission’s final rule—Amend- the Administration’s final rule—Fisheries of Railroad Retirement Board, transmitting ment of the Commission’s Rules to Establish the Northeastern United States; Framework the budget request for the Office of Inspector a Radio Astronomy Coordination Zone in 10 to the Atlantic Sea Scallop Fishery Man- General, Railroad Retirement Board, for fis- Puerto Rico [ET Docket No. 96–2] [RM–8165] agement Plan [Docket No. 980817220–8220–01; cal year 2000, pursuant to 45 U.S.C. 231f; to received September 15, 1998, pursuant to 5 I.D. 081098A] (RIN: 0648–AL17) received Sep- the Committee on Government Reform and U.S.C. 801(a)(1)(A); to the Committee on tember 15, 1998, pursuant to 5 U.S.C. Oversight. Commerce. 801(a)(1)(A); to the Committee on Resources. 11189. A letter from the Deputy Associate 11199. A letter from the Chairman, Federal 11208. A letter from the Assistant Adminis- Director for Royalty Management, Depart- Energy Regulatory Commission, transmit- trator for Fisheries, National Marine Fish- ment of the Interior, transmitting notifica- ting the Commission’s final rule—Standards eries Service, National Oceanic and Atmos- tion of proposed refunds of excess royalty For Business Practices Of Interstate Natural pheric Administration, transmitting the Ad- payments in OCS areas, pursuant to 43 U.S.C. Gas Pipelines [Docket No. RM96–1–008; Order ministration’s final rule—Stone Crab Fish- 1339(b); to the Committee on Resources. No. 587–H] received August 7, 1998, pursuant ery of the Gulf of Mexico; Amendment 6 11190. A letter from the Secretary of Trans- to 5 U.S.C. 801(a)(1)(A); to the Committee on [Docket No. 980501114–8213–02; I.D. 041698G] portation, transmitting the Department’s Commerce. (RIN: 0648–AK48) received September 15, 1998, Annual Report on the Transition to Quieter 11200. A letter from the Chairman, Federal pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Airplanes, pursuant to Public Law 101—508, Energy Regulatory Commission, transmit- mittee on Resources. section 9308(g) (104 Stat. 1388—383); to the ting the Commission’s final rule—Reporting 11209. A letter from the Acting Director, Committee on Transportation and Infra- Interstate Natural Gas Pipeline Marketing Office of Sustainable Fisheries, National Ma- structure. Affiliates on the Internet [Docket No. RM98– rine Fisheries Service, National Oceanic and 11191. A letter from the General Counsel, 7–000] received August 7, 1998, pursuant to 5 Atmospheric Administration, transmitting Department of Transportation, transmitting U.S.C. 801(a)(1)(A); to the Committee on the Administration’s final rule—Fisheries off the Department’s final rule — Revision of Commerce. West Coast States and in the Western Pa- Class E Airspace; Intracoastal City, LA [Air- 11201. A letter from the Executive Director, cific; West Coast Salmon Fisheries; Closures space Docket No. 98-ASW-24] received Sep- Committee For Purchase From People Who of the Ocean Recreational Salmon Fisheries tember 10, 1998, pursuant to 5 U.S.C. Are Blind Or Severly Disabled, transmitting from Cape Alava to Queets River, Washing- 801(a)(1)(A); to the Committee on Transpor- the Committee’s final rule—Procurement ton, and Leadbetter Point, Washington, to tation and Infrastructure. List; Additions and Deletions—received Sep- Cape Falcon, Oregon [Docket No. 980429110– [Submitted for the Record of September 23, 1998] tember 15, 1998, pursuant to 5 U.S.C. 8110–01; I.D. 081998A] received September 15, 11192. A letter from the Congressional Re- 801(a)(1)(A); to the Committee on Govern- 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the view Coordinator, Animal and Plant Health ment Reform and Oversight. Committee on Resources. September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8527 11210. A letter from the Assistant Adminis- sequences of the recent bombing of our em- for individuals, families, and farming and trator for Fisheries, National Oceanic and bassy facilities in Nairobi, Kenya and Dar es other small businesses, to provide tax incen- Atmospheric Administration, transmitting Salaam, Tanzania, as well as for emergency tives for education, to extend certain expir- the Administration’s final rule—Fisheries of requirements necessary to strengthen our se- ing provisions, and for other purposes; with the Northeastern United States; Northeast curity, anti-terrorism, and counter-terror- an amendment (Rept. 105–739). Referred to Multispecies Fishery; Cultivator Shoal Whit- ism efforts, pursuant to 31 U.S.C. 1107; (H. the Committee of the Whole House on the ing Fishery [Docket No. 980724194–8194–01; Doc. No. 105—314); to the Committee on Ap- State of the Union. I.D. 072098B] (RIN: 0648–AL37) received Sep- propriations and ordered to be printed. Mr. SOLOMON: Committee on Rules. tember 15, 1998, pursuant to 5 U.S.C. 11221. A letter from the Principal Deputy, House Resolution 549. Resolution waiving 801(a)(1)(A); to the Committee on Resources. Department of Defense, transmitting a re- points of order against the conference report 11211. A letter from the Acting Director, port on funding, personnel and project data to accompany the bill (H.R. 3616) to author- Office of Sustainable Fisheries, National Ma- by major command, installation, and state ize appropriations for fiscal year 1999 for rine Fisheries Service, National Oceanic and for all elements of the Defense Environ- military activities of the Department of De- Atmospheric Administration, transmitting mental Quality Program; to the Committee fense, to prescribe military personnel the Administration’s final rule—Fisheries of on National Security. strengths for fiscal year 1999, and for other the Exclusive Economic Zone Off Alaska; 11222. A letter from the Acting Assistant purposes (Rept. 105–740). Referred to the Pollock in Statistical Area 610 in the Gulf of Attorney General, Department of Justice, House Calendar. Alaska [Docket No. 971208297–8054–02; I.D. transmitting a draft of proposed legislation Mr. MCINNIS: Committee on Rules. House 090998A] received September 15, 1998, pursu- to strengthen law enforcement’s ability to Resolution 550. Resolution waiving points of ant to 5 U.S.C. 801(a)(1)(A); to the Committee combat illegal bulk cash smuggling; to the order against the conference report to ac- on Resources. Committee on Banking and Financial Serv- company the bill (H.R. 4112) making appro- 11212. A letter from the Senior Attorney, ices. priations for the Legislative Branch for the Federal Register Certifying Officer, Finan- 11223. A letter from the Director, Defense fiscal year ending September 30, 1999, and for cial Management Service, transmitting the Security Assistance Agency, transmitting other purposes (Rept. 105–741). Referred to Service’s final rule— Adminstrative Offset— the Department of the Navy’s proposed lease the House Calendar. Collection of Past-Due Support (RIN: 1510– of defense articles to Turkey (Transmittal f AA58) received August 10, 1998, pursuant to 5 No. 18–98), pursuant to 22 U.S.C. 2796a(a); to U.S.C. 801(a)(1)(A); to the Committee on the the Committee on International Relations. PUBLIC BILLS AND RESOLUTIONS Judiciary. 11224. A letter from the Director, Defense 11213. A letter from the Deputy Associate Security Assistance Agency, transmitting Under clause 5 of Rule X and clause 4 Administrator for Procurement, National the Department of the Navy’s proposed lease of Rule XXII, public bills and resolu- Aeronautics and Space Administration, of defense articles to Turkey (Transmittal tions were introduced and severally re- transmitting the Administration’s final No. 16–98), pursuant to 22 U.S.C. 2796a(a); to ferred, as follows: rule—Administrative Revisions to the NASA the Committee on International Relations. By Mr. BOSWELL: FAR Supplement [48 CFR Parts 1805, 1822, 11225. A letter from the Acting Assistant H.R. 4607. A bill to extend trade authorities and 1844] received August 11, 1998, pursuant Secretary for Fish and Wildlife and Parks, procedures with respect to reciprocal trade to 5 U.S.C. 801(a)(1)(A); to the Committee on Department of the Interior, transmitting a agreements, and for other purposes; to the Science. draft of proposed legislation to make tech- Committee on Ways and Means, and in addi- 11214. A letter from the Acting Associate nical changes to the laws establishing var- tion to the Committee on Rules, for a period Administrator for Procurement, National ious individual units of the National Wildlife to be subsequently determined by the Speak- Aeronautics and Space Administration, Refuge System and to provide for a lower er, in each case for consideration of such pro- transmitting the Administration’s final penalty for violation of Refuge System regu- visions as fall within the jurisdiction of the rule—Partnering for Construction Contracts lations; to the Committee on Resources. committee concerned. [48 CFR Parts 1836 and 1852] received August 11226. A letter from the Acting Assistant By Mr. CRANE: 14, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to Secretary Environmental, Safety and H.R. 4608. A bill to reauthorize the Gener- the Committee on Science. Health, Department of Energy, transmitting 11215. A letter from the Associate Adminis- the Final Environmental Impact Statement alized System of Preferences, and for other trator for Procurement, National Aero- on Management of Certain Plutonium Resi- purposes; to the Committee on Ways and nautics and Space Administration, transmit- dues and Scrub Alloy Stored at Rocky Flats Means. ting the Administration’s final rule—Revi- Environmental Technology Site (DOE/EIS– By Mr. FRELINGHUYSEN: sion to the NASA FAR Supplement on Con- 0277F, August 1998); to the Committee on Re- H.R. 4609. A bill to amend title 38, United tractor Performance Information [48 CFR sources. States Code, to require the Secretary of Vet- Parts 1842 and 1853] received August 10, 1998, 11227. A letter from the Acting Assistant erans Affairs to notify local law enforcement pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Attorney General, Department of Justice, agencies of allegations of a missing patient mittee on Science. transmitting a draft of proposed legislation or of certain misconduct and to enable such 11216. A letter from the Chief, Regulations to amend section 879 of title 18, United agencies to investigate such allegations; to Unit, Internal Revenue Service, transmitting States Code, to provide clearer coverage over the Committee on Veterans’ Affairs. the Service’s final rule—Administrative, threats against former Presidents, members By Mr. GIBBONS: Procedural, and Miscellaneous [Revenue Pro- of their families, and for other purposes; to H.R. 4610. A bill to require the Secretary of cedure 98–53] received September 15, 1998, the Committee on the Judiciary. the Interior to make reimbursement for cer- tain damages incurred as a result of bonding pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- f mittee on Ways and Means. regulations adopted by the Bureau of Land 11217. A letter from the Chief, Regulations REPORTS OF COMMITTEES ON Management on February 28, 1997, and subse- Unit, Internal Revenue Service, transmitting PUBLIC BILLS AND RESOLUTIONS quently determined to be in violation of Fed- eral law; to the Committee on Resources. the Service’s final rule—Source Rules for Under clause 2 of rule XIII, reports of Foreign Sales Corporation Transfer Pricing By Mr. NEAL of Massachusetts (for [TD 8782] (RIN: 1545–AV90) received Septem- committees were delivered to the Clerk himself, Mr. MATSUI, Mrs. KENNELLY ber 17, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); for printing and reference to the proper of Connecticut, Mr. COYNE, Mr. to the Committee on Ways and Means. calender, as follows: STARK, Mr. MCDERMOTT, Mr. FRANK 11218. A letter from the Chief, Regulations Mr. YOUNG of Alaska: Committee on Re- of Massachusetts, and Mr. PAUL): Unit, Internal Revenue Service, transmitting sources. H.R. 1154. A bill to provide for ad- H.R. 4611. A bill to provide a temporary the Service’s final rule—Low-Income Hous- ministrative procedures to extend Federal waiver for taxable year 1998 of the minimum ing Credit [Rev. Rul. 98–49] received Septem- recognition to certain Indian groups, and for tax rules that deny many families the full ber 16, 1998, pursuant to 5 U.S.C. 801(a)(1)(A); other purposes; with an amendment (Rept. benefit of nonrefundable personal credits, to the Committee on Ways and Means. 105–737). Referred to the Committee of the pending enactment of permanent legislation 11219. A communication from the President Whole House on the State of the Union. to address this inequity; to the Committee of the United States, transmitting his re- Mr. ARCHER: Committee on Ways and on Ways and Means. quests for FY 1998 emergency supplemental Means. H.R. 4578. A bill to amend the Social By Mr. ROGAN: appropriations of $1.8 billion in budget au- Security Act to establish the Protect Social H.R. 4612. A bill to amend title 39, United thority to support $2.3 billion in emergency Security Account into which the Secretary States Code, to require certain notices in agricultural programs, pursuant to 31 U.S.C. of the Treasury shall deposit budget sur- any mailing using a game of chance for the 1107; (H. Doc. No. 105—313); to the Committee pluses until a reform measure is enacted to promotion of a product or service, and for on Appropriations and ordered to be printed. ensure the long-term solvency of the OASDI other purposes; to the Committee on Govern- 11220. A communication from the President trust fund; with an amendment (Rept. 105– ment Reform and Oversight. of the United States, transmitting his re- 738). Referred to the Committee of the Whole By Mr. SCHUMER: quests for FY 1998 Emergency Supplemental House on the State of the Union. H.R. 4613. A bill to authorize the President Appropriations of $1.8 billion because of the Mr. ARCHER: Committee on Ways and to award a gold medal on behalf of the Con- emergency expenses arising from the con- Means. H.R. 4579. A bill to provide tax relief gress to Mrs. Yaffa Eliach in recognition of H8528 CONGRESSIONAL RECORD — HOUSE September 23, 1998

her outstanding and enduring contributions H.R. 2560: Mr. GOODE, Mr. JOHN, Mr. STARK, H.R. 4446: Mr. BALLENGER and Mr. GOOD- toward scholarship about the Holocaust, and Mr. DAVIS of Florida, Mr. PRICE of North LATTE. for other purposes; to the Committee on Carolina, Mr. KING of New York, Mr. GREEN, H.R. 4447: Mr. HERGER. Banking and Financial Services. Mr. BRADY of Pennsylvania, Mr. SABO, Mr. H.R. 4450: Ms. LOFGREN. By Mr. SUNUNU: BORSKI, Mr. BOUCHER, Mr. WEXLER, Mr. RA- H.R. 4480: Mr. DICKS. H.R. 4614. A bill to provide for the convey- HALL, Mr. MCHALE, Mr. FAZIO of California, H.R. 4489: Mr. KUCINICH and Mr. FRANK of ance of Federal land in New Castle, New Mr. DICKS, Mr. PICKETT, Mr. HEFNER, Mr. Massachusetts. Hampshire, to the town of New Castle, New MINGE, Mr. ABERCROMBIE, Mr. HAMILTON, Mr. H.R. 4495: Mr. KANJORSKI. Hampshire, and to require the release of cer- ADERHOLT, Mr. EHLERS, Ms. GRANGER, Mr. H.R. 4531: Ms. JACKSON-LEE of Texas, Mr. tain restrictions with respect to land in such HYDE, Mr. LARGENT, Mr. BECERRA, Mr. WYNN, Mr. BROWN of Ohio, Mr. PETERSON of town; to the Committee on Transportation CARDIN, Mr. HINOJOSA, Mr. KIND of Wiscon- Minnesota, Mr. TURNER, Mr. GREEN, Mr. CAL- and Infrastructure. sin, Mr. FOSSELLA, Mr. GUTKNECHT, Mr. ING- VERT, Mr. ENGLISH of Pennsylvania, Mr. BAR- By Mr. THUNE (for himself, Mrs. LIS of South Carolina, Mr. PAPPAS, Mr. BOYD, CIA of Michigan, Ms. HOOLEY of Oregon, and EMERSON, Mr. HILL, Mr. WATKINS, Mr. Mrs. CAPPS, Mr. DELAHUNT, Mr. JOHNSON of Mr. OXLEY. MINGE, Mr. HINOJOSA, Mr. POMEROY, Wisconsin, Mr. KLINK, Mr. LAFALCE, Mr. H.R. 4567: Mr. BOEHNER, Mr. WAMP, Mr. BE- and Mr. PETERSON of Minnesota): MOAKLEY, Mr. SKELTON, Ms. STABENOW, Mr. REUTER, Mr. FRANK of Massachusetts, Mr. H.R. 4615. A bill to amend the Agricultural TAYLOR of Mississippi, Mr. WEYGAND, Mr. SERRANO, Mr. DELAHUNT, Mr. HINOJOSA, Mr. Market Transition Act to provide for the ret- BLUMENAUER, Mrs. EMERSON, Ms. MCCARTHY ROGERS, Ms. SLAUGHTER, Mr. THOMPSON, Mr. roactive lifting of the caps on loan rates for of Missouri, Mr. LEVIN, Mr. OBEY, Ms. NORWOOD, Mr. ALLEN, Mr. STENHOLM, Mr. marketing assistance loans for the 1998 crop; SLAUGHTER, Mr. TANNER, Mr. VENTO, Mr. STUPAK, Ms. KAPTUR, Mrs. MINK of Hawaii, to the Committee on Agriculture. BLAGOJEVICH, Mrs. MCCARTHY of New York, Mr. HULSHOF, Mr. INGLIS of South Carolina, By Mr. VISCLOSKY (for himself, Mr. Mr. TURNER, Ms. VELAZQUEZ, Mr. WAMP, Mr. Mr. OBERSTAR, Mr. HOBSON, Mr. WALSH, and SOUDER, Mr. HAMILTON, Mr. GREENWOOD, Mr. CALLAHAN, Mr. ARMEY, Mr. Mr. MCHUGH. MCINTOSH, Mr. PEASE, Mr. ROEMER, ENGLISH of Pennsylvania, Mr. ISTOOK, Mr. H.R. 4574: Mr. TRAFICANT. Ms. CARSON, Mr. BURTON of Indiana, MCINTOSH, Mr. PETERSON of Pennsylvania, H.R. 4577: Mr. LAFALCE and Mr. RAHALL. Mr. BUYER, and Mr. HOSTETTLER): Mr. THORNBERRY, Mr. CUNNINGHAM, Mr. BURR H.R. 4578: Mr. HERGER, Mr. WELLER, and H.R. 4616. A bill to designate the United of North Carolina, Mr. DELAY, Mr. GINGRICH, Mr. BUNNING of Kentucky. States Post Office located at 3813 Main Mr. LEWIS of Kentucky, Mr. NETHERCUTT, H.R. 4579: Mr. CRANE, Mr. THOMAS, Mr. Street in East Chicago, Indiana, as the ‘‘Cor- Mr. RADANOVICH, Mr. SESSIONS, Mr. SUNUNU, SHAW, Mr. BUNNING of Kentucky, Mr. HOUGH- poral Harold Gomez Post Office‘‘; to the and Mr. SHADEGG. TON, Mr. HERGER, Mr. MCCRERY, Mr. CAMP, Committee on Government Reform and H.R. 2601: Mr. POMBO. Mr. RAMSTAD, Mr. SAM JOHNSON of Texas, Oversight. H.R. 2708: Mr. PALLONE, Mr. ROYCE, Mr. Ms. DUNN of Washington, Mr. COLLINS, Mr. By Mr. HINCHEY: DAVIS of Virginia, Mr. LAMPSON, Mr. PORTMAN, Mr. ENGLISH of Pennsylvania, Mr. H. Con. Res. 329. Concurrent resolution ex- HASTINGS of Washington, and Mr. BOUCHER. ENSIGN, Mr. CHRISTENSEN, Mr. WATKINS, Mr. pressing the sense of Congress regarding the H.R. 2733: Mr. JEFFERSON, Mrs. WILSON, Mr. HAYWORTH, Mr. WELLER, Mr. HULSHOF, Mr. reduction of the Federal Funds rate by the HILL, Mr. QUINN, Mr. BURTON of Indiana, Mr. GALLEGLY, Mr. GREENWOOD, and Mr. BLILEY. Federal Open Market Committee; to the SCOTT, and Mr. COX of California. H.R. 4587: Mr. HUNTER and Mr. PETERSON of Committee on Banking and Financial Serv- H.R. 2882: Mr. BUYER. Pennsylvania. ices. H.R. 2923: Ms. ROS-LEHTINEN. H.R. 4597: Mr. OBEY, Ms. BROWN of Florida, H.R. 2938: Mr. SAM JOHNSON of Texas. Ms. DELAURO, Ms. PELOSI, Mr. OLVER, Mr. f H.R. 3081: Mr. FARR of California, Mr. VENTO, Mr. MOAKLEY, Mr. FROST, and Mr. MEMORIALS KUCINICH, and Mr. CARDIN. POMEROY. H.R. 3342: Ms. BROWN of Florida. H.J. Res. 125: Mr. BACHUS. Under clause 4 of rule XXII, memori- H.R. 3436: Mr. NEAL of Massachusetts and H.J. Res. 126: Mr. CUMMINGS, Ms. KIL- als were presented and referred as fol- Mr. DELAHUNT. PATRICK, Mr. HASTINGS of Florida, Mrs. lows: H.R. 3550: Mr. HILLIARD. CAPPS, Mr. WATT of North Carolina, and Mr. H.R. 3766: Mr. EHRLICH, Mr. RADANOVICH, FALEOMAVAEGA. 394. The SPEAKER presented a memorial and Mr. EWING. H. Con. Res. 52: Mr. BLUMENAUER, Mr. of the House of Representatives of the Com- H.R. 3783: Mr. WELLER. BRADY of Pennsylvania, Mr. BLUNT, and Mr. monwealth of The Mariana Islands, relative H.R. 3792: Mr. CUNNINGHAM and Mr. EVERETT. to House Resolution No. 11–64 memorializing HASTINGS of Washington. H. Con. Res. 243: Mr. BALDACCI. Congress to amend the U.S. Fisheries Con- H.R. 3794: Mr. BILBRAY. H. Con. Res. 283: Mr. MILLER of California, servation and Management Act; to urge Pa- H.R. 3795: Mr. SNOWBARGER. Mrs. KENNELLY of Connecticut, Mr. cific region Nations to adopt the U.N. agree- H.R. 3855: Mrs. EMERSON, Mr. HASTINGS of CHRISTENSEN, Mr. ACKERMAN, Mr. INGLIS of ment conserving fishing resources; to urge Florida, Mr. FARR of California, Ms. KIL- South Carolina, Ms. FURSE, and Ms. KIL- harmonization of laws regulating fishing PATRICK, MS. DANNER, MS. ROS-LEHTINEN, PATRICK. companies and to promote the development Mr. VENTO, Ms. PELOSI and Mr. CAMP. H. Con. Res. 286: Mr. KUCINICH. of fishing-related industries; jointly to the ELLER H.R. 3865: Mr. W . H. Con. Res. 295: Mr. DOOLITTLE. H.R. 3946: Mr. QUINN and Mr. YATES. Committees on Resources and International H. Con. Res. 302: Mr. POMEROY and Mr. H.R. 3948: Mr. PASCRELL. Relations. JONES. H.R. 3991: Mr. Bob SCHAFFER. f H. Con. Res. 314: Mr. JONES. H.R. 3995: Mr. MCGOVERN. H. Con. Res. 315: Mr. MCGOVERN, Mr. H.R. 4019: Mr. MCINTOSH and Mr. SOLOMON. ADDITIONAL SPONSORS HASTINGS of Florida, and Mr. HOYER. H.R. 4053: Mr. VENTO. H. Con. Res. 316: Mr. RIGGS, Mr. JENKINS, Under clause 4 of rule XXII, sponsors H.R. 4071: Mr. JOHN, Mr. LAFALCE, and Mr. Mr. RADANOVICH, Mr. LIVINGSTON, Mr. RO- were added to public bills and resolu- OLVER. MERO-BARCELO, and Mr. FORBES. tions as follows: H.R. 4075: Mr. HILL. H.R. 4092: Mrs. THURMAN and Mr. BERRY. H. Con. Res. 317: Ms. HOOLEY of Oregon and [Omitted from the Record of September 22, 1998] H.R. 4121: Mr. HINCHEY and Ms. WOOLSEY. Mr. LANTOS. H. Con. Res. 322: Mr. CAMPBELL, Mr. CON- H.R. 26: Mr. PICKETT. H.R. 4125: Mr. SOLOMON. YERS, Mr. DINGELL, Mr. FRANK of Massachu- H.R. 3949: Mr. HOLDEN, Mr. RILEY, and Mr. H.R. 4151: Mr. BONIOR and Mr. SMITH of setts, Mr. GEJDENSON, Mr. HAMILTON, Mr. THOMAS. Texas. H.R. 4233: Mr. DEUTSCH and Ms. ROYBAL- KILDEE, Mr. LANTOS, MS. LOFGREN, Mr. [Submitted September 23, 1998] ALLARD. MEEKS of New York, Mr. MORAN of Virginia, H.R. 45: Mr. LAMPSON. H.R. 4296: Mr. GOODLATTE. Mr. OLVER, and Mr. RODRIGUEZ. H.R. 145: Mr. SCHUMER. H.R. 4339: Ms. WOOLSEY. H. Con. Res. 328: Mr. SHERMAN, Ms. RIVERS, H.R. 306: Mr. OWENS. H.R. 4340: Mr. UNDERWOOD, Mr. CONDIT, and Mr. LAFALCE, Mr. GILLMOR, Mr. GREENWOOD, H.R. 633: Mr. SHERMAN. Mr. GILMAN. Mr. FRANK of Massachusetts, and Mrs. THUR- H.R. 902: Mrs. BONO and Mr. ENGLISH of H.R. 4344: Mr. PAPPAS, Mr. SNOWBARGER, MAN. Pennsylvania. Mr. JOHNSON of Wisconsin, Mr. BLUNT, and H. Res. 460: Mr. JEFFERSON, Ms. MCCARTHY H.R. 1173: Ms. BROWN of Florida. Mr. ENSIGN. of Missouri, Mr. FORBES, and Ms. BROWN of H.R. 1200: Mr. BONIOR. H.R. 4346: Mr. SANDLIN, Mrs. KELLY, Mr. Florida. H.R. 1323: Mr. SHERMAN. HILLIARD, Mr. FROST, and Mr. GOODLATTE. H. Res. 483: Mr. KANJORSKI, Mr. KLECZKA, H.R. 1375: Mrs. MORELLA, Mrs. CAPPS, Mr. H.R. 4353: Mr. TOWNS. Mr. COSTELLO, Mr. ACKERMAN, Mr. HASTINGS BOSWELL, and Mr. DICKEY. H.R. 4383: Mr. CHAMBLISS, Mr. EHRLICH, and of Washington, Mr. RANGEL, Ms. HOOLEY of H.R. 1450: Mr. MINGE and Mr. DOYLE. Ms. STABENOW. Oregon, Mr. MALONEY of Connecticut, and H.R. 1748: Mr. BLAGOJEVICH. H.R. 4404: Mr. CLEMENT, Mr. HANSEN, Mr. Mr. GEJDENSON. H.R. 1995: Mr. BEREUTER. HASTINGS of Washington, Mr. STEARNS, and H. Res. 519: Mr. DOOLITTLE, Mr. CANNON, H.R. 2409: Mr. SANDERS and Mrs. BONO. Ms. WOOLSEY. and Mr. BATEMAN. September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8529

H. Res. 533: Mr. BROWN of Ohio and Mr. signed to prevent and detect conduct that is cally provided in this Act, whenever in this ENGLISH of Pennsylvania. not in compliance with such principles by Act an amendment is expressed in terms of f any employee of the entity, or any employee an amendment to a section or other provi- of the partner, supplier, or subcontractor of sion, the reference shall be considered to be DELETIONS OF SPONSORS FROM the entity, and that includes— made to that section or other provision of PUBLIC BILLS AND RESOLUTIONS (I) standards for ethical conduct of such the Immigration and Nationality Act (8 employees which refer to the principles; U.S.C. 1101 et seq.). Under clause 4 of rule XXII, sponsors (II) procedures for assignment of appro- were deleted from public bills and reso- TITLE I—PROVISIONS RELATING TO H–1B priately qualified personnel at the manage- NONIMMIGRANTS lutions as follows: ment level to monitor and enforce compli- SEC. 101. TEMPORARY INCREASE IN ACCESS TO H.R. 1991: Ms. DUNN of Washington. ance with the principles; (III) procedures for reporting violations of TEMPORARY SKILLED PERSONNEL H.R. 4236: Ms. DUNN of Washington. UNDER H–1B PROGRAM. the principles by such employees; f (a) TEMPORARY INCREASE IN SKILLED NON- (IV) procedures for selecting qualified indi- IMMIGRANT WORKERS.—Paragraph (1)(A) of viduals who are not employees to monitor PETITIONS, ETC. section 214(g) (8 U.S.C. 1184(g)) is amended to compliance with the principles, and for au- read as follows: Under clause 1 of rule XXII, petitions diting the effectiveness of such compliance ‘‘(A) under section 101(a)(15)(H)(i)(b), may and papers were laid on the clerk’s monitoring; desk and referred as follows: (V) procedures for disciplinary action in not exceed— ‘‘(i) 65,000 in each fiscal year before fiscal [Omitted from the Record of September 22, 1998] response to violations of the principles; (VI) procedures designed to ensure that, in year 1999; 76. The SPEAKER presented a petition of cases in which a violation of the principles ‘‘(ii) 115,000 in fiscal year 1999; Bobby E. Yates, of Brownsville, TX, relative has been detected, reasonable steps are ‘‘(iii) 115,000 in fiscal year 2000; to a report to Congress on the Falsification taken to correct the violation and prevent ‘‘(iv) 107,500 in fiscal year 2001; and ‘‘(v) 65,000 in each succeeding fiscal year; of official public records in the Police De- similar violations from occurring; partment and other public offices of this (VII) procedures for providing educational or’’. city, in attempts to cover-up crimes in city and employment-related counseling to any (b) EFFECTIVE DATES.—The amendment offices, and, in attempts to stifle my just child employee in violation of the principles; made by subsection (a) applies beginning complaints; to the Committee on the Judici- and with fiscal year 1998. ary. (VIII) communication of all standards and SEC. 102. PROTECTION AGAINST DISPLACEMENT [Submitted September 23, 1998] procedures with respect to the principles to OF UNITED STATES WORKERS IN every employee, by requiring the employee CASE OF H–1B-DEPENDENT EMPLOY- 77. The SPEAKER presented a petition of EES to participate in a training program, or by The Legislature of Rockland County, rel- (a) PROTECTION AGAINST LAYOFF AND RE- disseminating information in writing that ative to Resolution No. 215 of 1998 petition- QUIREMENT FOR PRIOR RECRUITMENT OF explains the standards and procedures. ing Congress to support the Credit Union UNITED STATES WORKERS.— Membership Act to clarify the position of H.R. 3736 (1) ADDITIONAL STATEMENTS ON APPLICA- credit unions and to protect their ability to OFFERED BY: MR. SMITH OF TEXAS TION.—Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is serve American Working men and women; to (Amendment in the Nature of a Substitute) amended by inserting after subparagraph (D) the Committee on Banking and Financial the following: Services. AMENDMENT NO. 3: Strike all after the en- acting clause and insert the following: ‘‘(E)(i) In the case of an application de- f scribed in clause (ii), the employer did not SECTION 1. SHORT TITLE; TABLE OF CONTENTS; displace and will not displace a United AMENDMENTS AMENDMENTS TO IMMIGRATION AND NATIONALITY ACT. States worker (as defined in paragraph (4)) Under clause 6 of rule XXIII, pro- (a) SHORT TITLE.—This Act may be cited as employed by the employer within the period posed amendments were submitted as the ‘‘Temporary Access to Skilled Workers beginning 90 days before and ending 90 days follows: and H–1B Non-immigrant Program Improve- after the date of filing of any visa petition supported by the application. H.R. 2621 ment Act of 1998’’. (b) TABLE OF CONTENTS.—The table of con- ‘‘(ii) An application described in this OFFERED BY: MS. MCKINNEY tents of this Act is as follows: clause is an application filed on or after the AMENDMENT NO. 1: In section 102(b)(7), add Sec. 1. Short title; table of contents, amend- date final regulations are first promulgated the following at the end: ments to Immigration and Na- to carry out this subparagraph, and before (C) To ensure that any entity that receives tionality Act. October 1, 2001, by an H–1B-dependent em- ployer (as defined in paragraph (3)) or by an benefits under any trade agreement entered TITLE I—PROVISIONS RELATING TO H–1B employer that has been found under para- into under this title adopts and adheres to NONIMMIGRANTS the following principles in all domestic and graph (2)(C) or (5) to have committed a will- Sec. 101. Temporary increase in access to foreign operations: ful failure or misrepresentation on or after temporary skilled personnel (i) Provide a safe and healthy workplace. the date of the enactment of this subpara- under H–1B program. (ii) Ensure fair employment, including the graph. An application is not described in this Sec. 102. Protection against displacement of clause of the only H–1B non-immigrants prohibition on the use of child and forced United States workers in case labor, the prohibition on discrimination sought in the application are exempt H–1B of H–1B dependent employers. nonimmigrants. based upon race, gender, national origin, or Sec. 103. Changes in enforcement and pen- religious beliefs, the respect for freedom of ‘‘(F) In the case of an application described alties. in subparagraph (E)(ii), the employer will association and the right to organize and Sec. 104. Collection and use of H–1B non- not place the nonimmigrant with another bargain collectively, and the payment of a immigrant fees for scholarships employer (regardless of whether or not such living wage to all workers. for low-income math, engineer- other employer is an H–1B-dependent em- (iii) Uphold responsible environmental pro- ing, and computer science stu- ployer) where— tection and environmental practices. dents and job training of United ‘‘(i) the nonimmigrant performs duties in (iv) Promote good business practices, in- States workers. whole or in part at one or more worksites cluding prohibiting illicit payments and en- Sec. 105. Computation of prevailing wage owned, operated, or controlled by such other suring fair competition. level. employer; and (v) Maintain, through leadership at all lev- Sec. 106. Improving count of H–1B and H–2B ‘‘(ii) there are indicia of an employment els, a corporate culture that respects free ex- nonimmigrants. relationship between the nonimmigrant and pression consistent with legitimate business Sec. 107. Report on older workers in the in- such other employer; concerns, does not condone political coercion formation technology field. in the workplace, encourages good corporate Sec. 108. Report on high technology labor unless the employer has inquired of the citizenship and makes a positive contribu- market needs, reports on eco- other employer as to whether, and has no tion to the communities in which the entity nomic impact of incresae in H– knowledge that, within the period beginning operates, and promotes ethical conduct that 1B nonimmigrants. 90 days before and ending 90 days after the is recognized, valued, and exemplified by all date of the placement of the nonimmigrant TITLE II—SPECIAL IMMIGRANT STATUS FOR employees. with the other employer, the other employer CERTAIN NATO CIVILIAN EMPLOYEES (vi) Require, under terms of contract, part- has displaced or intends to displace a United ners, suppliers, and subcontractors of the en- Sec. 201. Special immigrant status for cer- States worker employed by the other em- tity to adopt and adhere to the principles de- tain NATO civilian employees. ployer. scribed in clause (v). TITLE III—MISCELLANEOUS PROVISION ‘‘(G)(i) In the case of an application de- (vii) Implement and monitor compliance Sec. 301. Academic honoraria. scribed in subparagraph (E)(ii), subject to with the principles described in clauses (i) (c) AMENDMENTS TO IMMIGRATION AND NA- clause (ii), the employer, prior to filing the through (vi) through a program that is de- TIONALITY ACT.—Except as otherwise specifi- application— H8530 CONGRESSIONAL RECORD — HOUSE September 23, 1998 ‘‘(I) has taken good faith steps to recruit, ‘‘(ii) any group treated as a single em- (C) by adding at the end the following: in the United States using procedures that ployer under subsection (b), (c), (m), or (o) of ‘‘(iii) is offering and will offer to H–1B non- meet industry-wide standards and offering section 414 of the Internal Revenue Code of immigrants, during the period of authorized compensation that is at least as great as 1986 shall be treated as a single employer. employment, benefits and eligibility for ben- that required to be offered to H–1B non- ‘‘(4) For purposes of this subsection: efits (including the opportunity to partici- immigrants under subparagraph (A), United ‘‘(A) The term ‘area of employment’ means pate in health, life, disability, and other in- States workers for the job for which the non- the area within normal commuting distance surance plans; the opportunity to participate immigrant or nonimmigrants is or are of the worksite or physical location where in retirement and savings plans; cash bo- sought; and the work of the H–1B nonimmigrant is or nuses and noncash compensation, such as ‘‘(II) has offered the job to any United will be performed. If such worksite or loca- stock options (whether or not based on per- States worker who applies and is equally or tion is within a Metropolitan Statistical formance)) on the same basis, and in accord- better qualified for the job for which the Area, any place within such area is deemed ance with the same criteria, as the employer nonimmigrant or nonimmigrants is or are to be within the area of employment. offers benefits and eligibility for benefits to sought. ‘‘(B) In the case of an application with re- United States workers.’’. ‘‘(ii) The conditions described in clause (i) spect to one or more H–1B nonimmigrants by (2) ORDERS TO PROVIDE BENEFITS.—Section shall not apply to an application filed with an employer, the employer is considered to 212(n)(2)(D) (8 U.S.C. 1182(n)(2)(D)) is amend- respect to the employment of an H–1B non- ‘displace’ a United States worker from a job ed— immigrant who is described in subparagraph if the employer lays off the worker from a (A) by inserting ‘‘or has not provided bene- (A), (B), or (C) of section 203(b)(1).’’. job that is essentially the equivalent of the fits or eligibility for benefits as required (2) NOTICE ON APPLICATION OF POTENTIAL LI- job for which the nonimmigrant or non- under such paragraph,’’ after ‘‘required ABILITY OF PLACING EMPLOYERS.—Section immigrants is or are sought. A job shall not under paragraph (1),’’; and 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by be considered to be essentially equivalent of (B) by inserting ‘‘or to provide such bene- adding at the end the following: ‘‘The appli- another job unless it involves essentially the fits or eligibility for benefits’’ after cation form shall include a clear statement same responsibilities, was held by a United ‘‘amounts of back pay’’. explaining the liability under subparagraph States worker with substantially equivalent (e) EFFECTIVE DATES.—The amendments (F) of a placing employer if the other em- qualifications and experience, and is located made by subsections (a) and (c) apply to ap- ployer described in such subparagraph dis- in the same area of employment as the other plications filed under section 212(n)(1) of the places a United States worker as described in job. Immigration and Nationality Act on or after such subparagraph.’’. ‘‘(C) The term ‘H–1B nonimmigrant’ means the date final regulations are issued to carry (3) CONSTRUCTION.—Section 212(n)(1) (8 an alien admitted or provided status as a out such amendments, and the amendments U.S.C. 1182(n)(1)) is further amended by add- nonimmigrant described in section made by subsection (b) take effect on the ing at the end the following: ‘‘Nothing in 101(a)(15)(H)(i)(b). date of the enactment of this Act. subparagraph (G) shall be construed to pro- ‘‘(D) The term ‘lays off’, with respect to a (f) REDUCTION OF PERIOD FOR PUBLIC COM- hibit an employer from using legitimate se- worker— MENT.—In first promulgating regulations to lection criteria relevant to the job that are ‘‘(i) means to cause the worker’s loss of implement the amendments made by this normal or customary to the type of job in- employment, other than through a discharge section in a timely manner, the Secretary of volved, so long as such criteria are not ap- for inadequate performance, violation of Labor and the Attorney General may reduce plied in a discriminatory manner.’’. workplace rules, cause, voluntary departure, to not less than 30 days the period of public (b) H–1B-DEPENDENT EMPLOYER AND OTHER voluntary retirement, or the expiration of a comment on proposed regulations. DEFINITIONS.— grant or contract (other than a temporary SEC. 103. CHANGES IN ENFORCEMENT AND PEN- (1) IN GENERAL.—Section 212(n) (8 U.S.C. employment contract entered into in order ALTIES. 1182(n)) is amended by adding at the end the to evade a condition described in subpara- (a) INCREASED ENFORCEMENT AND PEN- following: graph (E) or (F) of paragraph (1)); but ALTIES.—Section 212(n)(2)(C) (8 U.S.C. ‘‘(3)(A) For purposes of this subsection, the ‘‘(ii) does not include any situation in 1182(n)(20(C)) is amended to read as follows: term ‘H–1B-dependent employer’ means an which the worker is offered, as an alter- ‘‘(C)(i) If the Secretary finds, after notice employer that— native to such loss of employment, a similar and opportunity for a hearing, a failure to ‘‘(i)(I) has 25 or fewer full-time equivalent employment opportunity with the same em- meet a condition of paragraph (1)(B), (1)(E), employees who are employed in the United ployer (or, in the case of a placement of a or (1)(F), a substantial failure to meet a con- States; and (II) employs more than 7 H–1B worker with another employer under para- dition of paragraph (1)(C), (1)(D), or nonimmigrants; graph (1)(F), with either employer described (1)(G)(i)(I), or a misrepresentation of mate- ‘‘(ii)(I) has at least 26 but not more than 50 in such paragraph) at equivalent or higher rial fact in an application— full-time equivalent employees who are em- compensation and benefits than the position ‘‘(I) the Secretary shall notify the Attor- ployed in the United States; and (II) employs from which the employee was discharged, re- ney General of such finding and may, in ad- more than 12 H–1B nonimmigrants; or gardless of whether or not the employee ac- dition, impose such other administrative ‘‘(iii)(I) has at least 51 full-time equivalent cepts the offer. remedies (including civil monetary penalties employees who are employed in the United ‘‘(E) The term ‘United States worker’ in an amount not to exceed $1,000 per viola- States; and (II) employs H–1B non- means an employee who— tion) as the Secretary determines to be ap- immigrants in a number that is equal to at ‘‘(i) is a citizen or national of the United propriate; and least 15 percent of the number of such full- States; or ‘‘(II) the Attorney General shall not ap- ‘‘(ii) is an alien who is lawfully admitted time equivalent employees. prove petitions filed with respect to that em- ‘‘(B) For purposes of this subsection— for permanent residence, is admitted as a ployer under section 204 of 214(c) during a pe- ‘‘(i) the term ‘exempt H–1B nonimmigrant’ refugee under section 207, is granted asylum riod of at least 1 year for aliens to be em- means an H–1B nonimmigrant who— under section 208, or is an immigrant other- ployed by the employer. ‘‘(I) receives wages (including cash bonuses wise authorized, by this Act or by the Attor- ‘‘(ii) If the Secretary finds, after notice and and similar compensation) at an annual rate ney General, to be employed.’’. opportunity for a hearing, a willful failure to equal to at least $60,000; or ‘‘(2) CONFORMING AMENDMENTS.—Section meet a condition of paragraph (1), a willful ‘‘(II) has attained a master’s or higher de- 212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by misrepresentation of material fact in an ap- gree (or its equivalent) in a specialty related striking ‘‘a nonimmigrant described in sec- plication, or a violation of clause (iv)— to the intended employment; and tion 101(a)(15)(H)(i)(b)’’ each place it appears ‘‘(I) the Secretary shall notify the Attor- ‘‘(ii) the term ‘Nonexempt H–1B non- and inserting ‘‘an H–1B nonimmigrant’’. ney General of such finding and may, in ad- immigrant’ means an H–1B nonimmigrant (c) IMPROVED POSTING OF NOTICE OF APPLI- dition, impose such other administrative who is not an exempt H–1B nonimmigrant. CATION.—Section 212(n)(1)(C)(ii) (8 U.S.C. ‘‘(C) For purposes of subparagraph (A)— 1182(n)(1)(C)(ii)) is amended to read as fol- remedies (including civil monetary penalties ‘‘(i) in computing the number of full-time lows: in an amount not to exceed $5,000 per viola- equivalent employees and the number of H– ‘‘(ii) if there is no such bargaining rep- tion) as the Secretary determines to be ap- 1B nonimmigrants, exempt H–1B non- resentative, has provided notice of filing in propriate; and immigrants shall not be taken into account the occupational classification through such ‘‘(II) the Attorney General shall not ap- during the longer of— methods as physical posting in conspicuous prove petitions filed with respect to that em- ‘‘(I) the 6-month period beginning on the locations at the place of employment or elec- ployer under section 204 or 214(c) during a pe- date of the enactment of the Temporary Ac- tronic notification to employees in the occu- riod of at least 2 years for aliens to be em- cess to Skilled Workers and H–1B Non- pational classification for which H–1B non- ployed by the employer. immigrant Program Improvement Act of immigrants are sought.’’. ‘‘(iii) If the Secretary finds, after notice 1998; or (d) REQUIREMENTS RELATING TO BENEFITS.— and opportunity for a hearing, a willful fail- ‘‘(II) the period beginning on the date of (1) IN GENERAL.—Section 212(n)(1)(A) (8 ure to meet a condition of paragraph (1) or a the enactment of the Temporary Access to U.S.C. 1182(n)(1)(A)) is amended— willful misrepresentation of material fact in Skilled Workers and H–1B Nonimmigrant (A) in clause (i), by striking ‘‘and’’ at the an application, in the course of which failure Program Improvement Act of 1998 and end- end; or misrepresentation the employer displaced ing on the date final regulations are issued (B) in clause (ii), by striking the period at a United States worker employed by the em- to carry out this paragraph; and the end and inserting ‘‘, and’’; and ployer within the period beginning 90 days September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8531 before and ending 90 days after the date of the complaint was filed not later than 12 WITH ANOTHER EMPLOYER.—Section 212(n)(2) filing of any visa petition supported by the months after the date of the failure or mis- (8 U.S.C. 1182(n)(2)) is amended by adding at application— representation, respectively. the end the following: ‘‘(I) the Secretary shall notify the Attor- ‘‘(C) If the Attorney General finds that a ‘‘(E) If an H–1B-dependent employer places ney General of such finding and may, in ad- complaint has been filed in accordance with a nonexempt H–1B nonimmigrant with an- dition, impose such other administrative subparagraph (B) and there is reasonable other employer as provided under paragraph remedies (including civil monetary penalties cause to believe that such a failure or mis- (1)(F) and the other employer has displaced in an amount not to exceed $35,000 per viola- representation described in such complaint or displaces a United States worker em- tion) as the Secretary determines to be ap- has occurred, the Attorney General shall ini- ployed by such other employer during the pe- propriate; and tiate binding arbitration proceedings by re- riod described in such paragraph, such dis- ‘‘(II) the Attorney General shall not ap- questing the Federal Mediation and Concilia- placement shall be considered for purposes of prove petitions filed with respect to that em- tion Service to appoint an arbitrator from this paragraph a failure, by the placing em- ployer under section 204 or 214(c) during a pe- the roster of arbitrators maintained by such ployer, to meet a condition specified in an riod of at least 3 years for aliens to be em- Service. The procedure and rules of such application submitted under paragraph (1); ployed by the employer. Service shall be applicable to the selection of except that the Attorney General may im- ‘‘(iv) It is a violation of this clause for an such arbitrator and to such arbitration pro- pose a sanction described in subclause (II) of employer who has filed an application under ceedings. The Attorney General shall pay the subparagraph (C)(i), (C)(ii), or (C)(iii) only if this subsection to intimidate, threaten, re- fee and expenses of the arbitrator. the Secretary of Labor found that such plac- strain, coerce, blacklist, discharge, or in any ‘‘(D)(i) The arbitrator shall make findings ing employer— other manner discriminate against an em- respecting whether a failure or misrepresen- ‘‘(i) knew or had reason to know of such ployee (which term, for purposes of this tation described in subparagraph (B) oc- displacement at the time of the placement of clause, includes a former employee and an curred. If the arbitrator concludes that fail- the nonimmigrant with the other employer; applicant for employment) because the em- ure or misrepresentation was willful, the ar- or ployee has disclosed information to the em- bitrator shall make a finding to that effect. ‘‘(ii) has been subject to a sanction under ployer, or to any other persion, that the em- The arbitrator may not find such a failure or this subparagraph based upon a previous placement of an H–1B nonimmigrant with ployee reasonably believes evidences a viola- misrepresentation (or that such a failure or the same other employer.’’. tion of this subsection, or any rule or regula- misrepresentation was willful) unless the (d) SPOT INVESTIGATIONS DURING PROBA- tion pertaining to this subsection, or because complainant demonstrates such a failure or TIONARY PERIOD.—Section 212(n)(2) (8 U.S.C. the employee cooperates or seeks to cooper- misrepresentation (or its willful character) by clear and convincing evidence. The arbi- 1182(n)(2)), as amended by subsection (c), is ate in an investigation or other proceeding further amended by adding at the end the concerning the employer’s compliance with trator shall transmit the findings in the form of a written opinion to the parties to following: the requirements of this subsection or any ‘‘(F) The Secretary may, on a case-by-case the arbitration and the Attorney General. rule or regulation pertaining to this sub- basis, subject an employer to random inves- Such findings shall be final and conclusive, section. tigations for a period of up to 5 years, begin- and, except as provided in this subparagraph, ‘‘(v) The Secretary of Labor and the Attor- ning on the date that the employer is found no official or court of the United States shall ney General shall devise a process under by the Secretary to have committed a willful have power or jurisdiction to review any which an H–1B nonimmigrant who files a failure to meet a condition of paragraph (1) such findings. complaint regarding a violation of clause (iv) (or has been found under paragraph (5) to ‘‘(ii) The Attorney General may review and and is otherwise eligible to remain and work have committed a willful failure to meet the reverse or modify the findings of an arbitra- in the United States may be allowed to seek condition of paragraph (1)(G)(i)(II)) or to tor only on the same bases as an award of an other appropriate employment in the United have made a willful misrepresentation of arbitrator may be vacated or modified under States for a period (not to exceed the dura- material fact in an application. The preced- tion of the alien’s authorized admission as section 10 or 11 of title 9, United States Code. ‘‘(iii) With respect to the findings of an ar- ing sentence shall apply to an employer re- such a nonimmigrant). bitrator, a court may review only the ac- gardless of whether or not the employer is an ‘‘(vi) It is a violation of this clause for an H–1B-dependent employer. The authority of tions of the Attorney General under clause employer who has filed an application under the Secretary under this subparagraph shall (ii) and may set aside such actions only on this subsection to require an H–1B non- not be construed to be subject to, or limited the grounds described in subparagraph (A), immigrant to pay a penalty (as determined by, the requirements of subparagraph (A).’’. (B), or (C) of section 706(a)(2) of title 5, under State law) for ceasing employment (e) INVESTIGATIVE AUTHORITY.—Section United States Code. Notwithstanding any with the employer prior to a date agreed to 212(n)(2) (8 U.S.C. § 1182(n)(2) is further other provision of law, such judicial review by the nonimmigrant and the employer. If amended by adding at the end the following: may only be brought in an appropriate the Secretary finds, after notice and oppor- (G)(i) If the Secretary receives specific, United States court of appeals. tunity for a hearing, that an employer has credible information, from a source likely to ‘‘(E) If the Attorney General receives a have knowledge of an employer’s practices, committed such a violation, the Secretary finding of an arbitrator under this paragraph may impose a civil monetary penalty of employment conditions or compliance with that an employer has failed to meet the con- the employer’s labor condition application $1,000 for each such violation and issue an dition of paragraph (1)(G)(i)(II) or has mis- administrative order requiring the return to whose identity is known to the Secretary, represented a material fact with respect to that provides reasonable cause to believe the nonimmigrant of any amount required to such condition, unless the Attorney General be paid in violation of this clause, or, if the that an employer has committed a willful reverses or modifies the finding under sub- failure to meet a condition of paragraph nonimmigrant cannot be located, requiring paragraph (D)(ii)— (1)(A), (1)(B), (1)(E), (1)(F), or (1)(G)(i)(I), a payment of any such amount to the general ‘‘(i) the Attorney General may impose ad- pattern and practice of failures to meet the fund of the Treasury.’’. ministrative remedies (including civil mone- [aforementioned conditions], or a substantial ‘‘(b) USE OF ARBITRATION PROCESS FOR DIS- tary penalties in an amount not to exceed failure to meet the [aforementioned condi- PUTES INVOLVING QUALIFICATIONS OF UNITED $1,000 per violation or $5,000 per violation in tions] that affects multiple employees, the STATES WORKERS NOT HIRED.— the case of a willful failure or misrepresenta- Secretary may conduct a 30 day investiga- (1) IN GENERAL.—Section 212(n) (8 U.S.C. tion) as the Attorney General determines to tion of these allegations, provided that the 1182(n)), as amended by section 102(b), is fur- be appropriate; and Secretary personally (or the Acting Sec- ther amended by adding at the end the fol- ‘‘(ii) the Attorney General is authorized to retary in the case of the Secretary’s absence lowing: not approve petitions filed with respect to or disability) certifies that the requirements ‘‘(5)(A) This paragraph shall apply instead that employer under section 204 or 214(c) dur- for conducting such an investigation have of subparagraphs (A) through (E) of para- ing a period of not more than 1 year for been met and approves commencement of graph (2) in the case of a violation described aliens to be employed by the employer. the investigation. At the request of the in subparagraph (B). ‘‘(F) The Attorney General shall not dele- source, the Secretary may withhold the iden- ‘‘(B) The Attorney General shall establish gate, to any other employee or official of the tity of the source from the employer, and the a process for the receipt, initial review, and Department of Justice, any function of the source’s identity shall not be disclosable pur- disposition in accordance with this para- Attorney General under this paragraph, suant to a Freedom of Information Act re- graph of complaints respecting an employ- until 60 days after the Attorney General has quest. er’s failure to meet the condition of para- submitted a plan for such delegation to the ‘‘(ii) The Secretary shall establish a proce- graph (1)(G)(i)(II) or a petitioner’s misrepre- Committees on the Judiciary of the United dure for any individual who provides the in- sentation of material facts with respect to States House of Representatives and the formation to DOL that constitutes part of such condition. Complaints may be filed by Senate with respect to such delegation.’’. the basis for the commencement of an inves- an aggrieved individual who has submitted a (2) CONFORMING AMENDMENT.—The first sen- tigation on the basis described above to pro- resume or otherwise applied in a reasonable tence of section 212(n)(2)(A) (8 U.S.C. vide that information in writing on a form manner for the job that is the subject of the 1182(n)(2)(A)) is amended by striking ‘‘The that the Department will provide to be com- condition. No proceeding shall be conducted Secretary’’ and inserting ‘‘Subject to para- pleted by, or on behalf of, the individual. under this paragraph on a complaint con- graph (5)(A), the Secretary’’. ‘‘(iii) It shall be the policy of the Secretary cerning such a failure or misrepresentation (c) LIABILITY OF PETITIONING EMPLOYER IN to provide to the employer notice of the po- unless the Attorney General determines that CASE OF PLACEMENT OF H–1B NONIMMIGRANT tential initiation of an investigation of an H8532 CONGRESSIONAL RECORD — HOUSE September 23, 1998 alleged violation under the authority grant- amounts deposited into the H–1B non-immi- uate level degree in mathematics, engineer- ed in this [] with sufficient specificity to grant Petitioner Account shall remain avail- ing, or computer science. allow the employer to respond before the in- able to the Secretary of Labor until ex- (B) ABILITY.—Awards of scholarships under vestigation is actually initiated unless in the pended for decreasing the processing time for this subsection shall be made by the Director Secretary’s judgment such notice would applications under section 212(n)(1), and 2.5 solely on the basis of the ability of the appli- interfere with efforts to secure compliance. percent of such amounts shall remain avail- cant, except that in any case in which 2 or ‘‘(iv) Nothing in this section shall author- able to such Secretary until expended for more applicants for scholarships are deemed ize the Secretary to initiate or approve the carrying out section 212(n)(2). Notwithstand- by the Director to be possessed of substan- initiation of an investigation without the re- ing the preceding sentence, both of the tially equal ability, and there are not suffi- ceipt of information from a person or persons amounts made available for any fiscal year cient scholarships available to grant one to not employed by the Department of Labor pursuant to the preceding sentence shall be each of such applicants, the available schol- that provides the reasonable cause required available to such Secretary, and shall re- arship or scholarships shall be awarded to by this section. The receipt of the l.c.a. and main available until expended, only for car- the applicants in a manner that will tend to other materials the employer is required in rying out section 212(n)(2) until the Sec- result in a geographically wide distribution order to obtain an H–1B visa shall not con- retary submits to the Congress a report con- throughout the United States of recipients’ stitute ‘‘receipt of information’’ for purposes taining a certification that, during the most places of permanent residence. of satisfying this requirement.’’. recently concluded calendar year, the Sec- (3) LIMITATION.—The amount of a scholar- SEC. 104. COLLECTION AND USE OF H–1B NON- retary substantially complied with the re- ship awarded under this subsection shall be IMMIGRANT FEES FOR SCHOLAR- quirement in section 212(n)(1) relating to the determined by the Director, except that the SHIPS FOR LOW-INCOME MATH, EN- provision of the certification described in Director shall not award a scholarship in an GINEERING, AND COMPUTER section 101(a)(15)(H)(i)(b) within a 7-day pe- amount exceeding $2,500 per year. SCIENCE STUDENTS AND JOB TRAIN- (4) FUNDING.—The Director shall carry out ING OF UNITED STATES WORKERS. riod.’’. (c) DEMONSTRATION PROGRAMS AND this subsection only with funds made avail- (a) IMPOSITION OF FEE.—Section 214(c) (8 PROJECTS TO PROVIDE TECHNICAL SKILLS able under section 286(s)(3) of the Immigra- U.S.C. 1184(c)) is amended by adding at the tion and Nationality Act. end the following: TRAINING FOR WORKERS.— ‘‘(9)(A) The Attorney General shall impose (1) IN GENERAL.—Subject to paragraph (3), SEC. 105. COMPUTATION OF PREVAILING WAGE LEVEL. a fee on an employer (excluding an employer in establishing demonstration programs under section 452(c) of the Job Training (a) IN GENERAL.—Section 212 (8 U.S.C. 1182) described in subparagraph (A) or (B) of sec- is amended by adding at the end the follow- tion 212(p)(1) and an employer filing for new Partnership Act (29 U.S.C. 1732(c)), as in ef- fect on the date of the enactment of this Act, ing: concurrent employment) as a condition for ‘‘(p)(1) In computing the prevailing wage the approval of a petition filed on or after or demonstration programs or projects under section 171(b) of the Workforce Investment level for an occupational classification in an October 1, 1998, and before October 1, 2001, area of employment for purposes of sub- under paragraph (1)— Act of 1998, the Secretary of Labor shall es- tablish demonstration programs or projects sections (n)(1)(A)(i)(II) and (a)(5)(A) in the ‘‘(i) initially to grant an alien non-immi- case of an employee of— grant status described in section to provide technical skills training for work- ers, including both employed and unem- ‘‘(A) an institution of higher education (as 101(a)(15)(H)(i)(b); or defined in section 1201(a) of the Higher Edu- ‘‘(ii) to extend for the first time the stay of ployed workers. cation Act of 1965), or a related or affiliated an alien having such status. (2) GRANTS.—Subject to paragraph (3), the nonprofit entity; or ‘‘(B) The amount of the fee shall be $500 for Secretary of Labor shall award grants to ‘‘(B) a nonprofit research organization or a each such non-immigrant. carry out the programs and projects de- Governmental research organization; ‘‘(C) Fees collected under this paragraph scribed in paragraph (1) to— shall be deposited in the Treasury in accord- (A)(i) private industry councils established the prevailing wage level shall only take ance with section 286(s). under section 102 of the Job Training Part- into account employees at such institutions ‘‘(D)(i) An employer may not require an nership Act (29 U.S.C. 1512), as in effect on and organizations in the area of employ- alien who is the subject of the petition for the date of the enactment of this Act; or ment. which a fee is imposed under this paragraph (ii) local boards that will carry out such ‘‘(2) With respect to a professional athlete to reimburse, or otherwise compensate, the programs or projects through one-stop deliv- (as defined in subsection (a)(5)(A)(iii)(II)) employer for part or all of the cost of such ery systems established under section 121 of when the job opportunity is covered by pro- fee. the Workforce Investment Act of 1998; or fessional sports league rules or regulations, ‘‘(ii) Section 274A(g)(2) shall apply to a vio- (B) regional consortia of councils or local the wage set forth in those rules of regula- lation of clause (i) in the same manner as it boards described in subparagraph (A). tions shall be considered as not adversely af- applies to a violation of section 274A(g)(1).’’. (3) LIMITATION.—The Secretary of Labor fecting the wages of United States workers (b) ESTABLISHMENT OF ACCOUNT; USE OF shall establish programs and projects under similarly employed and be considered the FEES.—Section 286 (8 U.S.C. 1356) is amended paragraph (1), including awarding grants to prevailing wage.’’. by adding at the end the following: carry out such programs and projects under (b) EFFECTIVE DATE.—The amendment ‘‘(s) H–1B NONIMMIGRANT PETITIONER AC- paragraph (2), only with funds made avail- made by subsection (a) supplies to prevailing COUNT.— able under section 286(s)(2) of the Immigra- wage computations made for applications ‘‘(1) IN GENERAL.—There is established in tion and Nationality Act, and not with funds filed on or after the date of the enactment of the general fund of the Treasury a separate made available under the Job Training Part- this Act. account, which shall be known as the ‘H–1B nership Act or the Workforce Investment SEC. 106. IMPROVING COUNT OF H–1B AND H–2B Nonimmigrant Petitioner Account’. Not- Act of 1998. NONIMMIGRANTS. withstanding any other section of this title, (d) LOW-INCOME SCHOLARSHIP PROGRAM.— (a) ENSURING ACCURATE COUNT.—The At- there shall be deposited as offsetting receipts (1) ESTABLISHMENT.—The Director of the torney General shall take such steps as are into the account all fees collected under sec- National Science Foundation (referred to in necessary to maintain an accurate count of tion 214(c)(9). this subsection as the ‘‘Director’’) shall the number of aliens subject to the numeri- ‘‘(2) USE OF FEES FOR JOB TRAINING.—63 per- award scholarships to low-income individ- cal limitations of section 214(g)(1) of the Im- cent of amounts deposited into the H–1B uals to enable such individuals to pursue as- migration and Nationality Act (8 U.S.C. nonimmigrant Petitioner Account shall re- sociate, undergraduate, or graduate level de- 1184(g)(1)) who are issued visas or otherwise main available to the Secretary of Labor grees in mathematics, engineering, or com- provided nonimmigrant status. until expended for demonstration programs puter science. (b) REVISION OF PETITION FORMS.—The At- and projects described in section 104(c) of the (2) ELIGIBILITY.— torney General shall take such steps are as Temporary Access to Skilled Workers and H– (A) IN GENERAL.—To be eligible to receive a necessary to revise the forms used for peti- 1B Nonimmigrant Program Improvement scholarship under this subsection, an indi- tions for visas or nonimmigrant status under Act of 1998. vidual— clause (i)(b) or (ii)(b) of section 101(a)(15)(H) ‘‘(3) USE OF FEES FOR LOW-INCOME SCHOLAR- (i) must be a citizen or national of United of the Immigration and Nationality Act (8 SHIP PROGRAM.—32 percent of the amounts States or an alien lawfully admitted to the U.S.C. 1101(a)(15)(H)) so as to ensure that the deposited into the H–1B nonimmigrant Peti- United States for permanent residence; forms provide the Attorney General with suf- tioner Account shall remain available to the (ii) shall prepare and submit to the Direc- ficient information to permit the Attorney Director of the National Science Foundation tor an application at such time, in such man- General accurately to count the number of until expended for scholarships described in ner, and containing such information as the aliens subject to the numerical limitations section 104(d) of the Temporary Access to Director may require; and of section 214(g)(1) of such Act (8 U.S.C. Skilled Workers and H–1B Nonimmigrant (iii) shall certify to the Director that the 1184(g)(1)) who are issued visas or otherwise Program Improvement Act of 1998 for low-in- individual intends to use amounts received provided nonimmigrant status. come students enrolled in a program of study under the scholarship to enroll or continue (c) REPORTS.—Beginning with fiscal year leading to a degree in mathematics, engi- enrollment at an institution of higher edu- 1999, the Attorney General shall provide to neering, or computer science. cation (as defined in section 1201(a) of the the Congress— ‘‘(4) USE OF FEES FOR APPLICATION PROCESS- Higher Education Act of 1965) in order to (1) on a quarterly basis a report on the ING AND ENFORCEMENT.—2.5 percent of the pursue an associate, undergraduate, or grad- numbers of individuals who were issued visas September 23, 1998 CONGRESSIONAL RECORD — HOUSE H8533 or otherwise provided nonimmigrant status to improve the teaching and educational (1) by striking ‘‘or’’ at the end of subpara- during the preceding 3-month period under level of American students in the fields of graph (J), section 101(a)(15)(H)(i)(b) of the Immigration math, science, computer science, and engi- (2) by striking the period at the end of sub- and Nationality Act (8 U.S.C. neering since 1998. paragraph (K) and inserting ‘‘; or’’, and 1101(a)(15)(H)(i)(b)); and (C) An analysis of the number of United (3) by adding at the end the following new (2) on an annual basis a report on the coun- States workers currently or projected to subparagraph: tries of origin and occupations of, edu- work overseas in professional, technical, and cational levels attained by, and compensa- management capacities. ‘‘(L) an immigrant who would be described tion paid to, individuals issued visas or pro- (D) The relative achievement rates of in clause (i), (ii), (iii), or (iv) of subparagraph vided nonimmigrant status under such sec- United States and foreign students in sec- (I) if any reference in such a clause— tions during such period. ondary schools in a variety of subjects, in- ‘‘(i) to an international organization de- cluding math, science, computer science, Each report under paragraph (2) shall include scribed in paragraph (15)(G)(i) were treated English, and history. as a reference to the North Atlantic Treaty the number of individuals described in para- (E) The relative performance, by subject Organization (NATO); graph (1) during the year who were issued area, of United States and foreign students visas pursuant to petitions filed by institu- in postsecondary and graduate schools as ‘‘(ii) to a nonimmigrant under paragraph tions or organizations described in section compared to secondary schools. (15)(G)(iv) were treated as a reference to a 212(p)(1) of such Act (as added by section 105 (F) The needs of the high technology sector nonimmigrant classifiable under NATO–6 (as of this Act). for foreign workers with specific skills and a member of a civilian component accom- SEC. 107. REPORT ON OLDER WORKERS IN THE the potential benefits and costs to United panying a force entering in accordance with INFORMATION TECHNOLOGY FIELD. States employers, workers, consumers, post- the provisions of the NATO Status-of-Forces (a) STUDY.—The Secretary of Commerce secondary educational institutions, and the Agreement, a member of a civilian compo- shall enter into a contract with the Presi- United States economy, from the entry of nent attached to or employed by an Allied dent of the National Academy of Sciences to skilled foreign professionals in the fields of Headquarters under the ‘Protocol on the Sta- conduct a study, using the best available science and engineering. tus of International Military Headquarters’ data, assessing the status of older workers in (G) The needs of the high technology sec- set up pursuant to the North Atlantic Trea- the information technology field. The study tor to adapt products and services for export ty, or as a dependent); and to particular local markets in foreign coun- shall consider the following: ‘‘(iii) to the Immigration Technical Correc- tries. (1) The existence and extent of age dis- tions Act of 1988 or to the Immigration and crimination in the information technology (H) An examination of the amount and trend of moving the production or perform- Nationality Technical Corrections Act of workplace. ance of products and services now occurring 1994 were a reference to the Temporary Ac- (2) The extent to which there is a dif- in the United States abroad. cess to Skilled Workers and H–1B Non- ference, based on age, in— (2) REPORT.—Not later than October 1, 2000, immigrant Program Improvement Act of (A) promotion and advancement; the Director of the National Science Founda- 1998.’’. (B) working hours; tion shall submit to the Committees on the (b) CONFORMING NONIMMIGRANT STATUS FOR (C) telecommuting; Judiciary of the United States House of Rep- CERTAIN PARENTS OF SPECIAL IMMIGRANT (D) salary; and resentatives and the Senate a report con- CHILDREN.—Section 101(a)(15)(N) (8 U.S.C. (E) stock options, bonuses, and other bene- taining the results of the study described in 1101(a)(15)(N)) is amended— fits. paragraph (1). (1) by inserting ‘‘(or under analogous au- (3) The relationship between rates of ad- (3) INVOLVEMENT.—The study under para- thority under paragraph (27)(L))’’ after vancement, promotion, and compensation to graph (1) shall be conducted in a manner ‘‘(27)(I)(i)’’, and experience, skill level, education, and age. that ensures the participation of individuals (4) Differences in skill level on the basis of representing a variety of points of view. (2) by inserting ‘‘(or under analogous au- age. (b) REPORTING ON STUDIES SHOWING ECO- thority under paragraph (27)(L))’’ after (b) REPORT.—Not later than October 1, 2000, NOMIC IMPACT OF H–1B NONIMMIGRANT IN- ‘‘(27)(I)’’. the Secretary of Commerce shall submit to CREASE.—The Chairman of the Board of Gov- TITLE III—MISCELLANEOUS PROVISION the Committees on the Judiciary of the ernors of the Federal Reserve System, the United States House of Representatives and Director of the Office of Management and SEC. 301. ACADEMIC HONORARIA. the Senate a report containing the results of Budget, the Chair of the Council of Economic (a) IN GENERAL.—Section 212 (8 U.S.C. 1182), the study described in subsection (a). Advisers, the Secretary of the Treasury, the as amended by section 105, is further amend- SEC. 108. REPORT ON HIGH TECHNOLOGY LABOR Secretary of Commerce, the Secretary of ed by adding at the end the following: MARKET NEEDS; REPORTS ON ECO- Labor, and any other member of the Cabinet, NOMIC IMPACT OF INCREASED IN H– shall promptly report to the Congress the re- ‘‘(q) Any alien admitted under section 1B NONIMMIGRANTS. sults of any reliable study that suggests, 101(a)(15)(B) may accept an honorarium pay- (a) NATIONAL SCIENCE FOUNDATION STUDY based on legitimate economic analysis, that ment and associated incidental expenses for AND REPORT.— the increase effected by section 101(a) of this a usual academic activity or activities (last- (1) IN GENERAL.—The Director of the Na- Act in the number of aliens who may be ing not longer than 9 days at any single in- tional Science Foundation shall conduct a issued visas or otherwise provided non- stitution), as defined by the Attorney Gen- study to assess labor market needs for work- immigrant status under section eral in consultation with the Secretary of ers with high technology skills during the 101(a)(15)(H)(i)(b) of the Immigration and Na- Education, if such payment is offered by an next 10 years. The study shall investigate tionality Act has had an impact on any na- institution or organization described in sub- and analyze the following: tional economic indicator, such as the level section (p)(1) and is made for services con- (A) Future training and education needs of of inflation or unemployment, that warrants ducted for the benefit of that institution or companies in the high technology and infor- action by the Congress. entity and if the alien has not accepted such mation technology sectors and future train- TITLE II—SPECIAL IMMIGRANT STATUS payment or expenses from more than 5 insti- ing and education needs of United States FOR CERTAIN NATO CIVILIAN EMPLOY- tutions or organizations in the previous 6- students to ensure that students’ skills at EES month period.’’. various levels are matched to the needs in SEC. 201. SPECIAL IMMIGRANT STATUS FOR CER- (b) EFFECTIVE DATE.—The amendment such sectors. TAIN NATO CIVILIAN EMPLOYEES. made by subsection (a) shall apply to activi- (B) An analysis of progress made by edu- (a) IN GENERAL.—Section 101(a)(27) (8 ties occurring on or after the date of the en- cators, employers, and government entities U.S.C. 1101(a)(27)) is amended)— actment of this Act. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, WEDNESDAY, SEPTEMBER 23, 1998 No. 128 Senate The Senate met at 9:30 a.m. and was long last, I think we are going to be Lott (for Grassley/Hatch) Amendment No. called to order by the President pro able to complete action on this legisla- 3559, in the nature of a substitute. tempore [Mr. THURMOND]. tion and get it into conference and give Mr. DURBIN addressed the Chair. us a good opportunity then to get this The PRESIDING OFFICER. The Sen- PRAYER work completed by the session’s end. ator from Illinois is recognized. The Chaplain, Dr. Lloyd John It is expected that several amend- Ogilvie, offered the following prayer: ments will be offered and debated this Mr. DURBIN. Mr. President, I thank God our Father, we pause in the morning, with a stacked series of roll- the majority leader for announcing the midst of the changes and challenges of call votes occurring at approximately schedule this morning. Those who have life to receive a fresh experience of 11:45 a.m. It looks like there will be followed the last few days of Senate de- Your goodness. You are consistent; You two votes, probably, in that sequence, bate know we are considering a reform constantly fulfill Your plans and pur- at 11:45. Those votes will hopefully in- of the bankruptcy code. We will be poses; and You are totally reliable. clude passage of bankruptcy legisla- joined shortly by the Senator from There is no shadow of turning with tion. Following disposition of that bill, Connecticut, Senator DODD, who will You; as You have been, You will be for- the Senate may consider any other leg- offer an amendment. ever. All of Your attributes are islative or executive items cleared for For those who have not paid atten- summed up in Your goodness. It is the action. tion to this debate, I hope that they password for Your presence, the At this time, I believe we will prob- have followed at least the outline of it metonym for Your majesty, and the ably go to the Internet taxation bill. and understand that what we are about synonym for Your strength. Your good- Although we have had discussions with is to try to change the bankruptcy ness is generosity that You define. It is the Democratic leadership, no further code in a way that will reduce abusive Your abundant, unqualified love poured agreements have been reached on other filings—in other words, people who out in graciousness and compassion. bills. I wanted to put the managers of may be going into bankruptcy court to You are good when circumstances seem that legislation, Internet taxation, on file for bankruptcy in a situation bad. When we ask for Your help, Your notice that we may very well go to where they can, in fact, pay back ei- goodness can bring what is best out of that, which would be shortly in the ther their debts or a sizable portion of the most complicated problems. afternoon. those debts. We have tried to address Thank You for Your goodness given From 10 until 11 o’clock, there will be this at several different levels. We have so lavishly to our Nation throughout a ceremony in the Rotunda where the had a spirited debate about how to do our history. Today, we turn again to Hon. Nelson Mandela will receive the it. You for Your guidance about what is Congressional Gold Medal. A number of Senators will be involved in that cere- We understand the complexity of good for our country. Keep us grounded this. Historically, there has been a na- in Your sovereignty, rooted in Your mony. We will continue to work on this bill, but we will defer votes until after tional commission which has taken a Commandments, and nurtured by the look at this rather complicated area of absolutes of Your truth and righteous- that ceremony is over. I yield the floor. the law. I find myself in an unusual po- ness. May Your goodness always be the sition here, having worked with my source of our Nation’s greatness. In the f staff and studied this issue for a year, Name of our Lord and Savior. Amen. CONSUMER BANKRUPTCY REFORM because I come to this with an inter- f ACT OF 1998 esting experience when it comes to RECOGNITION OF THE MAJORITY The PRESIDING OFFICER (Mr. BEN- bankruptcy law. Thirty years ago, I LEADER NETT). Under the previous order, the took a course in bankruptcy in law school. Twenty years ago, I was ap- The PRESIDENT pro tempore. The Senate will now resume consideration pointed trustee of a bankruptcy in my able majority leader, Senator LOTT of of S. 1301, which the clerk will report. hometown of Springfield, IL, in one Mississippi, is recognized. The assistant legislative clerk read case. Now I bring that wealth of experi- f as follows: A bill (S. 1301) to amend title 11, United ence to this debate in an attempt to SCHEDULE States Code, to provide for consumer bank- try to find our way through a very Mr. LOTT. Mr. President, this morn- ruptcy protection, and for other purposes. complicated area of the law. It was in- ing, the Senate will immediately re- The Senate resumed consideration of teresting. sume consideration of S. 1301, the Con- the bill. Yesterday, when I spoke to a col- sumer Bankruptcy Protection Act. At Pending: league of mine about bankruptcy, she

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

S10739

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VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10740 CONGRESSIONAL RECORD — SENATE September 23, 1998 had said that she was surprised to learn come into court have to be, in fact, de- 1986) at least 180 days before the date of how few people file bankruptcy with in- serving of bankruptcy procedure, and entry of the order for relief.’’. comes over $50,000 a year. I told her that those who extend credit in this Mr. DODD. Mr. President, this that the average income of a person fil- country have to be more open and hon- amendment is a third amendment to ing for bankruptcy in the United est in the way that they deal with con- two others that have been offered and States of America is less than $18,000. sumers. I think that is the right bal- have actually been included in the So folks who are going into bankruptcy ance. It still puts the burden on each of managers’ amendment. court, by and large, are people of very us to make the right decisions for our- I thank, again, Senator HATCH, Sen- limited means. The average debt of the selves and our families. It gives us the ator DURBIN, Senator GRASSLEY, and person going into bankruptcy court is information about the credit card com- others for their consideration. about $28,000. panies to make that decision more This amendment, the third, is de- So if we are out to stop the high roll- knowledgeably and with an under- signed to protect children who through ers and the abusers of the system, I standing of what we are getting into. no fault of their own are involved in hope that we take care in this bill, as At this time, I see my colleague from bankruptcy. It provides legal and le- well as in conference, to protect the the State of Connecticut is here to gitimate college savings accounts es- vast majority of people petitioning the offer his amendment under the unani- tablished for the benefit of children bankruptcy court for relief of their mous consent agreement. which will be beyond the reach of debts, who are, in fact, in lower-income Mr. DODD addressed the Chair. creditors. categories, with a debt that is beyond The PRESIDING OFFICER. Under This amendment parallels Senator their comprehension or at least their the previous order, the Senator from HATCH’s provisions to protect retire- control. Connecticut is recognized to offer an ment savings accounts, and particu- As we go about these changes, I am amendment regarding student loans on larly contains measures to prevent glad to see that we have included which there will be 15 minutes: 10 min- fraudulent transfers of assets intended amendments that not only try to tight- utes under the control of the Senator solely to avoid the rightful reach of en up the procedures in the bankruptcy from Connecticut, and 5 minutes under creditors. So we have written into this court, but also say to the people in the the control of the Senator from Iowa. the exact same kind of parallel provi- credit industry that they have an equal The Senator from Connecticut. sions that the seniors’ retirement ac- obligation here. We want you to con- Mr. DODD. Mr. President, first of all, counts include. tinue to extend credit across America we want to wrap this bill up, I gather, The amendment complements other so that American families and busi- fairly quickly. I want to extend my provisions that are included in the nesses can use credit cards and second congratulations to Senator GRASSLEY managers’ amendment. Those provi- mortgages and other things to finance of Iowa, Senator HATCH, my colleague sions ensure that the lawful funds for their lives and businesses; but we want from Utah, and Senator DURBIN, the the benefit of children—such as child you to be certain that you follow some manager for this side of the aisle on support, disability payments, and fos- rules, too. this legislation. It has been a long jour- ter care payments—would also be pre- We have talked a lot about personal ney for them, I know, in committee in served for children and not creditors. responsibility here when it comes to trying to deal with this legislation. I Again, that goes back almost 100 consumers. I think that is a valid ob- am particularly grateful for the cour- years in trying to see to it that inno- servation. We also want to speak to tesies which they have extended to me, cent children are not going to be corporate responsibility, so that those and for the various ideas we have had harmed and hurt as a result of this who are peddling these credit cards for inclusion in this legislation. process. around the country, in fact, give full AMENDMENT NO. 3614 TO AMENDMENT NO. 3559 In addition, we agreed that household disclosure to the would-be consumers (Purpose: To improve certain bankruptcy goods exclusively and primarily for about the terms. Many of us will go procedures relating to dependent children) children, such as toys, children’s fur- home tonight and look through the Mr. DODD. Mr. President, with that nishings, and items used by parents mail, and you know what you are going in mind, I send an amendment to the provided for their children, would also to find—a stack of preapproved credit desk. be protected. card applications. It is luring. People The PRESIDING OFFICER. The Again, it was a consensus. I commend say: This can be easy. I will take all clerk will report. my colleagues for recognizing that my debts and put them on one card. The assistant legislative clerk read these issues are important as well. Look at this low interest rate; this is as follows: Taken together, the provisions of terrific. Let’s do this right away. The Senator from Connecticut (Mr. DODD) this amendment and the managers’ Yet, they find that it is a teaser rate proposes an amendment numbered 3614 to amendment will continue the 95-year- and only applies for a few months. If amendment No. 3559. old principle of the bankruptcy code they decide in some instances to pay Mr. DODD. Mr. President, I ask unan- that women and children must be first off their credit card at the end of each imous consent that reading of the in bankrupt credit alliances. month, they may face a penalty. Yes, a amendment be dispensed with. I believe that these important im- penalty for paying off the balance on The PRESIDING OFFICER. Without provements in the bill reinforce the your card because, of course, the com- objection, it is so ordered. historic protections that are given pany makes money if you continue to The amendment is as follows: families in bankruptcy proceedings. really roll over the debt month after At the appropriate place, insert the fol- Those who are innocent and most vul- month and pay interest. lowing: nerable deserve the most protection. Senator REED of Rhode Island suc- SEC.. PROTECTION OF SAVINGS EARMARKED I am very grateful, as I said a mo- cessfully offered an amendment that FOR THE POSTSECONDARY EDUCATION OF CHIL- ment ago, to the chairman of the full said that you have to have full disclo- DREN.—Section 541(b) of title 11, United committee and the subcommittee and sure if that is going to occur, and other States Code, as amended by section 403 of the ranking member, Senator DURBIN, this Act is amended— amendments in this bill try to say to (1) in paragraph (6), by striking the period who has worked hard to ensure these the consumers that you have a right to at the end and inserting a semicolon; and protections for children and families know, too. For example, if you pay the (2) by inserting after paragraph (6) the fol- were not weakened in the pending leg- minimum monthly balance on your lowing: islation. credit card, we have a provision in this ‘‘(7) except as otherwise provided under ap- In the rush that was going on around bill that says you should state right plicable State law, any funds placed in a here a number of weeks ago, we almost under it how long it will take to pay qualified State tuition program (as described blew by these historic protections off the credit card debt and how much in section 529(b) of the Internal Revenue which we provide for families. As a re- Code of 1986) at least 180 days before the date you will pay in interest if you pay the of entry of the order for relief; or sult of their leadership, these protec- minimum monthly amount. ‘‘(8) any funds placed in an education indi- tions have been included in legislation. So we are trying to strike a balance vidual retirement account (as defined in sec- I am confident that in conference they here—a balance that says those who tion 530(b)(1) of the Internal Revenue Code of will preserve them.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10741 This amendment would strengthen for his initiative on this particular derstand that we will do that, and I the principle that children ought to amendment, as well as his contribu- prefer that we do—I commend the Sen- come before credit card companies. tions to this legislation as a whole. ator from Connecticut for his hard Legal proceedings, including bank- We have worked closely on several work on this issue. I have to say that ruptcy proceedings, should be designed issues on this bankruptcy legislation, I think the Senator is on to something to protect against the impoverishment including providing for enhanced pro- here. We ought to encourage parents, of children and innocent adults. Other- tection of domestic and child support obviously, to save for education and to wise, impoverishment will produce de- payments in bankruptcy. And I have protect these savings in bankruptcies. pendency, in which case no one wins— appreciated both his and his staff’s So philosophically we are all on the neither the individual impoverished, dedication, sincerity, and cooperation same page. nor the credit card company. on this important bankruptcy legisla- The problem in a situation like this I also would like to express for the tion. is the devil is in the details, especially record my concern that my colleagues I am sure my colleague, the chair- when it comes to making changes to in conference firmly support the Sen- man of the subcommittee, Senator the bankruptcy code. ate legislation. I think it is critically GRASSLEY, feels the same way. I want to express my concern that important that we hold these provi- Mr. President, this amendment is the amendment of the Senator from sions. well intentioned. I fully support the Connecticut could unintentionally Again, we all recognize the impor- policy of providing enhanced protec- open a loophole for abuse. I understand tance of this legislation. There has tions for educational savings accounts that the Senator from Connecticut is been a flood of people taking advantage in bankruptcy. That is why we have also concerned about this and that he of the Bankruptcy Act. Too many have agreed to this amendment. However, does not want any unintended con- been doing that. This legislation is Senator DODD is aware that I have sequences of his amendment which going to tighten that up considerably. some concerns with the amendment as would allow for more bankruptcy But I think as we call for a higher de- currently drafted, because it may have abuse. gree of responsibility on the part of our the unintended consequence of encour- Accordingly, I intend to continue citizenry when it comes to their fiscal aging and rewarding fraud and abuse in working to improve this amendment so and financial responsibility, it is also bankruptcy. that it accomplishes its goal without I thank the Senator from Con- giving crooks an opportunity to hide incumbent that we ask the credit card necticut for agreeing to work with us and shield their assets during bank- companies to exercise responsibility as on this amendment as this legislation ruptcy proceedings. well. I had similar concerns about the This legislation, I think, strikes a progresses to ensure that it will do just amendment that Senator HATCH of- good balance between stopping the in- what it is intended to do; that is, pro- fered to protect retirement savings. I credible amount of people taking ad- tect funds that have been set aside for think we worked hard and good and ac- vantage of the Bankruptcy Act with the education of the child of the debt- complished a lot with Senator HATCH little or no repercussions, it would ap- or. Some of my specific concerns include to tighten up that amendment. pear, and also seeing to it that the in- the fact that under the amendment as As a result, the amendment that we nocents—particularly children—are not currently drafted the debtor will not passed to protect the retirement ac- going to be adversely affected by this have to disclose the existence of these counts is better and less subject to process. accounts in any way in the bankruptcy abuse. I am sure that we can improve As has been noted by some of our col- case, or the schedules filed with the the amendment by Senator DODD in the leagues over the last week or so, as you court because they are deemed ‘‘not same way. consider this bill, just last year alone 3 the property of the estate.’’ The trust- I yield the floor. billion credit card solicitations were ees will not even know these accounts Mr. DODD. Mr. President, I ask my sent out across this country, many exist, and they cannot be audited. colleague to yield for a minute on that with already preapproved proposals. I would like to see these accounts to point, if I could. Let me again thank I hope that credit card companies be created exempt properties of the es- him for his courtesies and his staff’s will exercise some restraint and re- tate of the bankrupt similar to the courtesies over the last number of days sponsibility in trying to slow down treatment we have given pension plans in working this out. He has made a what is an exploding amount of con- and retirement savings accounts in very good point. What we will certainly sumer debt in this country. During this legislation. try to do here—and I agree with him— good times, no one talks about it Moreover, we need to place some lim- is to see to it that this amendment, the much. But when you get a downturn in its on these accounts to prevent them safeguard aspects of it, conform in the economy, it becomes a major prob- from becoming bankruptcy shelters for many ways—exactly, if it is not the lem. There is corporate debt, and con- those seeking to abuse the bankruptcy case—with the retirement savings ac- sumer debt. We have to try to get a system as a financial planning tool. counts since both are parallel ideas. I better handle on it. Again, this could be done by placing have instructed my staff to work with I am very grateful to the managers of limits similar to those we have im- the Senator’s staff to iron out those de- the legislation—I see my colleague posed on individual retirement ac- tails, to check this out thoroughly. Ob- from Iowa has arrived on the floor as counts and the way we have done that. viously, I think we all agree this is well as the Senator from Utah—and for Finally, we need to ensure that the needed to protect the long-term edu- their consideration of this amendment. funds protected in such accounts will cation needs of families, but obvi- As I said, it tracks Senator HATCH’s actually be spent on the education of ously—and I want to state it very very good amendment on seniors’ re- the bankrupt’s child, not simply with- clearly—it certainly also is our inten- tirement accounts to see to it that edu- drawn after bankruptcy to be used as tion to see to it that people are not cation is going to be something that we the bankruptcy wishes, leaving the fu- given an opportunity to avoid their re- continue to support as strongly as we ture education of the child in jeopardy. sponsibilities when it comes to their fi- have for the 21st century because of I know that the Senator from Con- nancial matters. So we think we can do rising college costs, to see to it that necticut shares my concerns that this that pretty effectively. these educational accounts are going amendment not provide a new means My intention and that of the Senator to be for the children that need them. for fraud and abuse. from Iowa is to see that it is done be- I think it is a very wise decision. In- Again, I thank him and his staff for fore this bill goes to the President for deed, I am grateful for their support. their willingness to work with us to ad- his signature. I thank him again for his Mr. HATCH addressed the Chair. dress these concerns. support. The PRESIDING OFFICER. The Sen- Mr. GRASSLEY addressed the Chair. The PRESIDING OFFICER. Who ator from Utah. The PRESIDING OFFICER. The Sen- yields time? Mr. HATCH. Mr. President, I would ator from Iowa is recognized. Mr. GRASSLEY. We will yield back like to commend my colleague, the dis- Mr. GRASSLEY. Mr. President, be- the time, if there is any on this side, on tinguished Senator from Connecticut, fore we accept this amendment—I un- this Dodd amendment.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10742 CONGRESSIONAL RECORD — SENATE September 23, 1998 Mr. DODD. I yield back the time. hear complaints that bankruptcy is no a motion to instruct because of the The PRESIDING OFFICER. Under longer used as a tool of last resort and hard work of the Senator from Wis- the previous order, the Dodd amend- that it has become just another kind of consin. He is to be commended for that ment No. 3614 is agreed to and the mo- financial planning. If we really want to because there is abuse in this area and tion to reconsider the vote is laid upon restore the stigma attached to bank- our bill reflects that. the table. ruptcy, these high-profile abuses are So I say to the other 99 Members of The amendment (No. 3614) was agreed the best places to start. this body—and also it would include to. Mr. President, our $100,000 homestead people who are helping Senator KOHL AMENDMENT NO. 3599 TO AMENDMENT NO. 3559 cap will stop these abuses, and unless on this amendment—Senator KOHL (Purpose: To express the sense of the Senate we keep it in the bill in conference we should be recognized as a leader in this regarding misuse of the homestead exemp- will not really have bankruptcy reform area to bring some uniformity to our tion to the bankruptcy laws) at all, in my opinion. So I urge my col- bankruptcy code among the 50 States The PRESIDING OFFICER. Under leagues to support this resolution. to stop a very serious abuse. I have the previous order, the Senator from At this point I send my amendment been trying to work with the Senator Wisconsin, Mr. KOHL, is recognized to to the desk. from Wisconsin, supporting his amend- offer an amendment under a time limit The PRESIDING OFFICER. The ment to cap homesteads since he of- of 10 minutes under his control and 5 clerk will report. fered that amendment in the sub- minutes under the control of the Sen- The assistant legislative clerk read committee markup. In fact, he was the ator from Iowa. as follows: very first Senator to be recognized in Mr. KOHL. I thank the Chair. The Senator from Wisconsin [Mr. KOHL] our subcommittee when we had the Today I rise to offer an amendment proposes an amendment numbered 3599 to markup of this bill. He was successful to reaffirm the Senate’s commitment Amendment No. 3559. there. to cap the homestead exemption. The Mr. KOHL. Mr. President, I ask unan- In the last Congress, I accepted Sen- Kohl-Sessions homestead cap is already imous consent that reading of the ator KOHL’s amendment to cap home- in the bill, but a sense of the Senate on amendment be dispensed with. steads at $500,000. This principle actu- this issue is important. It sends a mes- The PRESIDING OFFICER. Without ally passed the Senate unanimously at sage to the House, which does not have objection, it is so ordered. the end of the 104th Congress, but the a homestead cap in its bill, that this The amendment is as follows: House failed to act on the technical provision is essential to meaningful At the appropriate place, insert the fol- corrections bill to which the home- bankruptcy reform. The $100,000 cap in lowing new section: stead matter was attached. the homestead exemption is a bipar- SEC. ll. SENSE OF THE SENATE REGARDING In this Congress, the idea of capping tisan measure I offered with Senator THE HOMESTEAD EXEMPTION. homesteads is a genuine bipartisan SESSIONS which was endorsed by Sen- (a) FINDINGS.—The Senate finds that— one, and I know both the Senator from ator GRASSLEY and was approved (1) one of the most flagrant abuses of the Wisconsin and the junior Senator from unanimously in subcommittee. It also bankruptcy system involves misuse of the Alabama are strong supporters of the has the endorsement of the congres- homestead exemption, which allows a debtor $100,000 cap currently in this bill. But to exempt his or her home, up to a certain sionally appointed National Bank- the fact is that the other body has ruptcy Review Commission. value, as established by State law, from being sold off to satisfy debts; passed a bill which does not have Our bipartisan measure closes a loop- (2) while the vast majority of States re- homestead caps. In other words, we hole that allows too many debtors to sponsibly cap the exemption at not more have a key difference between House keep their luxury homes while their le- than $40,000, 5 States exempt homes regard- and Senate bills on this point. gitimate creditors, such as children, less of their value; Obviously, I support the Senate bill, ex-spousal alimony, State govern- (3) in the few States with unlimited home- which I have worked on so hard with stead exemptions, debtors can shield their ments, universities, retailers, and Senator DURBIN, but I don’t want to go assets in luxury homes while legitimate banks, get left out in the cold. Cur- into the conference situation with my rently, five States—Florida, Texas, creditors get little or nothing; (4) beneficiaries of the homestead exemp- hands tied in any way. Some have tried Kansas, Iowa, and South Dakota— tion include convicted insider traders and to get me to do this on other provisions allow debtors to protect their homes no savings and loan criminals, while short- in this legislation, and to do so prior to matter how high their value. And time changed creditors include children, spouses, conference. I have resisted all efforts in after time, millionaire debtors take ad- governments, and banks; and this area. I am compelled to resist this vantage of this loophole by moving to (5) the homestead exemption should be effort of instructing conferees. How- expensive homes in these States, espe- capped at $100,000 to prevent such high-pro- ever, I am not going to object to this file abuses. cially Florida and Texas, and then de- sense of the Senate going into my bill clare bankruptcy, yet continue to live (b) SENSE OF THE SENATE.—It is the sense of the Senate that— since it restates what is already in the in a style which is not appropriate to (1) meaningful bankruptcy reform cannot legislation, and I think that restate- their circumstances. Let me give you be achieved without capping the homestead ment is a perfectly legitimate thing for just a few examples. exemption; and us to do this way. And so from that A failed Ohio savings and loan owner, (2) bankruptcy reform legislation should standpoint, I compliment Senator who was convicted of securities fraud, include a cap of $100,000 on the homestead ex- KOHL for his continued hard work and wrote off almost $300 million in bank- emption to the bankruptcy laws. his efforts. ruptcy claims but still held onto the Mr. KOHL. I believe that Senator I yield the floor. multimillion-dollar ranch that he SESSIONS is prepared to come down to Mr. KOHL. I yield to Senator DURBIN. bought in Florida. A convicted Wall the floor to talk on behalf of this Mr. DURBIN. I thank the Chair. Street financier filed bankruptcy while amendment, and while he is on his way I thank the Senator from Wisconsin owing at least $50 million in debts and I suggest the absence of a quorum. and I rise in strong support of his reso- fines but still kept his $5 million man- Mr. GRASSLEY. Mr. President, be- lution. sion with 11 bedrooms and 21 bath- fore that happens, could I have the Let’s understand what we are talking rooms. After his law firm went bank- floor, please. about. We decided long ago that if a rupt and creditors were already in the The PRESIDING OFFICER. Will the person filed bankruptcy, we would process of seizing his two homes in the Senator withhold his request? allow them to protect certain things New York area, former Baseball Com- Mr. KOHL. I will. that we considered essential, and one missioner Bowie Kuhn fled to a new $1 The PRESIDING OFFICER. The Sen- of those things was a home. Now, of million home in Florida although he ator from Iowa. course, that is understandable; 50 per- and his partners were on the line for Mr. GRASSLEY. First of all, before I cent of the people filing for bankruptcy $100 million. This may not be the most speak on this amendment, I want to are homeowners; but we left it to the common abuse of the bankruptcy sys- make clear that everybody in this body States to come up with the amount of tem but it is the most egregious. And ought to know that this issue is before money that your home could be worth, given this record, it is not surprising to us both as part of the bill and now on and you could exempt it.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10743 As a consequence, with 50 different five fireplaces, 16th century European doors in the Supreme Court, on the basis States, we have basically 50 different and a Spanish-style courtyard, all on a 30- that the nonuniformity violates the approaches. Some of these approaches, acre lot. Yet in Mr. Talmo’s estimation, this Constitution. unfortunately, have led to abuse. The was chintzy. He also owned an adjacent 112 The PRESIDING OFFICER (Mr. acres and he tried to add those acres to his Senator from Wisconsin described two homestead. BROWNBACK). The time of the Senator or three cases where people literally has expired. owed millions of dollars and quickly The court finally refused to allow Mr. SESSIONS. Mr. President, I this 112 acres, but he was able to keep raced out to buy a multimillion-dollar thank Senator KOHL for his leadership. home to put everything they could into his homestead, live in this huge house, Mr. KOHL. Mr. President, I end by it and to basically guard it away from and keep all this money that ought to suggesting this is a very important any creditor in bankruptcy. I do not have been shared with his creditors. piece of legislation. I am concerned, if think that is what we had in mind Bankruptcy is to help people start over we do not have it in the final piece of when we put the homestead exemption again. It is not to help them defeat legislation, that the administration in place. It was a legitimate effort to their creditors and remain million- will veto the Bankruptcy Reform Act. protect someone’s home. aires. So I stress, we need to see to it that I see the Senator from Alabama has There is example after example in the conference report contains this taken the floor. I congratulate him, this New York Times article. Talmadge homestead cap of $100,000. Wayne Tinsley maintained his house Senator SESSIONS, as well as Senator The PRESIDING OFFICER. The Sen- during bankruptcy and then he sold his KOHL for their leadership here. ator from Iowa has 1 minute 30 sec- Let me tell you why I think this is house for $3.5 million, using the pro- onds. important. The idea behind this bill ceeds to write a check to the Internal Mr. GRASSLEY. Mr. President, I was to stop the abuses in bankruptcy. Revenue Service and another one to yield back the remainder of my time. Professor Elizabeth Warren of Harvard pay off the mortgage. That left him The PRESIDING OFFICER. All time Law School, whom I have really come $700,000 after closing costs and other is yielded back. Under the previous expenses were deducted from the pro- to respect for her knowledge of this order, the KOHL amendment, No. 3599, subject, calls the disparity among ceeds. is agreed to. The motion to reconsider State homestead exemptions ‘‘the big- In other words, if you have a multi- the vote is laid upon the table. gest single scandal in the consumer million-dollar mansion and go into The amendment (No. 3599) was agreed bankruptcy system.’’ bankruptcy, you put all your money— to. except what is in your house—into the To think, in the instance of a doctor AMENDMENT NO. 3615 TO AMENDMENT NO. 3559 in Miami who refused to carry mal- bankruptcy pot that trickles out to the people to whom you owe money. You (Purpose: To provide for a study and report practice insurance, who was sued by by the Board of Governors of the Federal four different people, one of them a keep the house. As soon as your bank- Reserve System regarding credit industry person who lost a leg, and then when ruptcy is over, you can turn around practices) they went to collect against the doctor and sell this multimillion-dollar house The PRESIDING OFFICER. The hour personally, because he had no insur- and live like a king. That is why people of 10 a.m. having arrived, under the ance, he basically hid behind the home- are moving to Florida and Texas on the previous order, the Senator from Cali- stead exemption and said, ‘‘Everything eve of filing bankruptcy. fornia, Mrs. FEINSTEIN, is recognized to I own is in my home and you cannot I live in Alabama. We have a very low speak for up to 10 minutes. touch it’’—that really is an abuse of homestead exemption, but it is only 50 Mrs. FEINSTEIN. Mr. President, on the system. I am glad Senator SES- miles from my home of Mobile to Pen- behalf of Senator DURBIN, Senator JEF- SIONS and Senator KOHL have shown sacola, FL. Somebody from Mobile FORDS, and myself, I send an amend- leadership on this and I am happy to could easily move to Pensacola, buy a ment to the desk. support their efforts. huge beach home, and then defraud his The PRESIDING OFFICER. Is there Mr. KOHL. Does Senator SESSIONS Alabama creditors. objection to considering this amend- wish to speak? Some think this is a State matter. ment at this time? The PRESIDING OFFICER. The Sen- Senator KOHL talked about this. They Mr. GRASSLEY. Mr. President, re- ator from Alabama is recognized. say it is an advantage to the State. But serving the right to object. Mr. SESSIONS. Mr. President, I the truth is, 90 percent of the people The PRESIDING OFFICER. Is there thank Senator KOHL and Senator DUR- who abuse this system on the home- objection? BIN for their leadership and commit- stead—90 percent of their debts are Without objection, the clerk will re- ment on this issue and others. This is going to be debts in their own State. port. simply a matter of fairness. The Con- So really it is a situation in which we The assistant legislative clerk read stitution of the United States author- have some Senators who are sup- as follows: posedly protecting State interests, but izes the bankruptcy system and pro- The Senator from California [Mrs. FEIN- vides for Congress to establish uniform really they are not. I encourage these STEIN], for herself, Mr. DURBIN and Mr. JEF- bankruptcy laws. That is a matter that Senators to think about it. They are FORDS, proposes an amendment numbered is without dispute. All bankruptcy not protecting State interests because 3615 to amendment no. 3559. cases are held in Federal court. It is what this does is allow a scandal to Mrs. FEINSTEIN. Mr. President, I not too much to ask, since we set every take place. The people who most fre- ask unanimous consent that reading of other rule involving bankruptcy, that quent lose in this process will be the the amendment be dispensed with. this body would consider the abuses lenders in their own States. That is The PRESIDING OFFICER. Without that arise from the disparity in treat- just not fair. I believe the Bankruptcy objection, it is so ordered. ment of homesteads throughout the Commission has listed this as one of The amendment is as follows: country. It is really a shocking matter. their top priorities for reform. At the appropriate place in title VII, insert The New York Times has written I can see how some Senators may not the following: about this on a number of occasions really be familiar with the bankruptcy SEC. . ENCOURAGING CREDITWORTHINESS. and has given some of the examples process and might think they want to (a) SENSE OF THE CONGRESS.—It is the sense that are afoot. preserve their State systems. But of the Congress that— The First American Bank and Trust Com- bankruptcy is a classical Federal mat- (1) certain lenders may sometimes offer pany in Lake Worth, FL, closed in 1989, and ter. It is set forth in the Constitution credit to consumers indiscriminately, with- its chief executive, Roy Talmo, filed for per- as a Federal matter. All bankruptcy out taking steps to ensure that consumers sonal bankruptcy in 1993. Despite owing $6.8 cases are handled in Federal court, not are capable of repaying the resulting debt, million, Mr. Talmo was able to exempt a State courts, and the bankruptcy court and in a manner which may encourage cer- bounty of assets. During the proceedings, he tain consumers to accumulate additional drove around Miami in a Rolls-Royce and sets all the rules in almost every cat- debt; and tended the grounds of his $800,000 tree farm egory. This is just one that we have, by (2) resulting consumer debt may increas- in Boynton Beach. Never one to slum it, Mr. tradition, allowed to be nonuniform. As ingly be a major contributing factor to con- Talmo had a 7,000 square-foot mansion with a matter of fact, it has been challenged sumer insolvency.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10744 CONGRESSIONAL RECORD — SENATE September 23, 1998 (b) STUDY REQUIRED.—The Board of Gov- It’s a simple matter of arithmetic. do not provide credit cards to con- ernors of the Federal Reserve System (here- The typical family filing bankruptcy in sumers without a thorough credit his- after in this section referred to as the 1997 owed more than one-and-a-half tory check. ‘‘Board’’) shall conduct a study of— times its annual income in short-term, However, I should note that every (1) consumer credit industry practices of credit card issuer that I and my staff soliciting and extending credit— high interest debt. This means that the (A) indiscriminately; average family in bankruptcy, with a spoke with said that one thing they do (B) without taking steps to ensure that median income of just over $17,500, had not check is income. In other words, consumers are capable of repaying the re- $26,500 in credit card and other short- credit card issuers have no idea wheth- sulting debt; and term, high interest debt. er persons to whom they issue credit (C) in a manner that encourages consumers Studies by the Congressional Budget cards have the means to pay their bills to accumulate additional debt; and Office, the FDIC, and independent each month. (2) the effects of such practices on con- economists all link the rise in personal Furthermore, major credit cards such sumer debt and insolvency. as Visa and Mastercard do not require (c) REPORT AND REGULATIONS.—Not later bankruptcies directly to the rise in than 24 months after the date of enactment consumer debt. banks who issue their cards to check of this Act, the Board— Last year, the credit card industry credit history. (1) shall make public a report on its find- sent out a record 3.1 billion unsolicited This bill would affect lenders who ings with respect to the credit industry’s in- offers. That’s 30 solicitations to every fail to even inquire into a consumer’s discriminate solicitation and extension of household in America. The number of ability to pay, or those who specifi- credit; solicitations jumped 20% last year cally target consumers who can’t or (2) may issue regulations that would re- won’t repay balances. quire additional disclosures to consumers; alone. Based on industry estimates, be- tween 1992 and 1996, credit card compa- A growing segment of the credit in- and dustry known as ‘‘sub-prime’’ lenders (3) may take any other actions, consistent nies offered about a million dollars of increasingly searches for risky bor- with its existing statutory authority, that credit to every household in the United rowers, who they know will make inap- the Board finds necessary to ensure respon- States. sible industrywide practices and to prevent There are well over a billion cards in propriately low minimum monthly resulting consumer debt and insolvency. circulation—a dozen credit cards for payments, carry large monthly bal- Mrs. FEINSTEIN. Mr. President, I every household in the country. Three- ances from month to month, and pay high interest rates. Such lending has support S. 1301, and intend to vote for quarters of all households have a least become the fastest growing, most-prof- its passage. It gives bankruptcy judges one credit card, and three out of four of itable subset of consumer lending. Al- the tools they need to require that ca- them also carry credit card debt from though losses are substantial, interest pable debtors take responsibility for month to month. their debts. Furthermore, it does so in Not surprisingly, credit card debt has rates of 18 to 40% on credit card debt make this lending profitable. a manner that empowers bankruptcy increased accordingly. Credit card debt Many of these often relatively unso- judges to seek solutions to consumer doubled between 1993 and 1997: The insolvency, rather than straitjacketing phisticated borrowers don’t realize amount of credit card debt outstanding that minimum monthly payments just them with a strict formula. Finally, at the end of 1997 was $422 billion, twice put them deeper in a hole, which in S. 1301 contains strengthened provi- as much as the amount in 1993. many cases leads to bankruptcy. For sions to protect the priority of child Credit card usage has grown fastest example, industry analysts estimate support and spousal support, which I in recent years among debtors with the that, using a typical minimum month- supported in the Judiciary Committee. lowest incomes. Since the early 1990’s, ly payment rate on a credit card, in Responsibility cannot be a one-way Americans with incomes below the pov- order to pay off a $2,500 balance—as- street, however. The blame for the cur- erty level nearly doubled their credit suming the consumer never used the rent record number of consumer bank- card usage, and those in the $10,000– card to charge anything else ever ruptcies lies not only with unsound 25,000 income bracket came in a close again—it would take 34 years to pay off consumer spending habits, but often second in the rise in debt. The result is the balance, and total payments would with unwise and irresponsible lending not surprising: 27% of the under-$10,000 exceed 300% of the original principal. practices that facilitate and even fos- families have consumer debt that is The FDIC observes that by mar- ter such recklessness. This amendment more than 40% of their income. Nearly keting high-risk debt to customers who aims to deter such recklessness in cred- one in ten has at least one debt that is are at substantial risk for non-pay- it practices. more than sixty days past due. These ment, credit card issuers have contrib- It authorizes the Federal Reserve are the families for whom real income uted to the rise in consumer bank- Board to conduct a study of industry has actually declined since 1989. ruptcies. practices of soliciting and extending Credit card issuers earn about 75% of On May 2, 1997, the FDIC issued warn- credit indiscriminately, without tak- their revenues from the interest paid ings to banks about the risks posed by ing steps to ensure that consumers are by borrowers who do not pay in full increased subprime lending. Some in- capable of repaying their debt, or in a each month. Several companies have dustry analysts predict that overall manner that encourages consumers to instituted charges or even canceled loan default rates will double by the accumulate additional debt. The Fed- credit cards for customers who pay in year 2001 and thus warn that ‘‘by low- eral Reserve Board is further author- full each month, preferring customers ering their credit standards and satu- ized to study the effects of such prac- with large credit balances who pay rating the market with loans, many tices on consumer debt and insolvency. minimum monthly payments. banks will be unable to avoid poten- Within two years of enactment, the As bankruptcy levels have risen, tially enormous delinquencies and Federal Reserve Board will make pub- total credit card profitability has write-offs.’’ lic a report on its findings, regarding grown—credit card lending is now Subprime lending is growing even the credit industry’s indiscriminate so- twice as profitable as all other lending among reputable lenders. Senator licitation and extension of credit. activities. In the third quarter of 1997, LAUCH FAIRCLOTH, who notes that he The amendment allows the Federal credit card banks showed a 2.59% re- ‘‘abhors . . . constraints on the private Reserve Board to issue regulations that turn on assets, compared to a 1.22% re- sector,’’ recently stated about the would require additional disclosures to turn on assets reported by all commer- subprime market: ‘‘We have very rep- consumers, and to take any other ac- cial banks. utable, very fine institutions, spinning tions, consistent with its statutory au- This amendment most likely would off subsidiaries to get into what I thority, that the board finds necessary not affect the vast majority of the would consider very precarious, reck- to ensure responsible industrywide credit card industry, who responsibly less, bordering on sleazebag lending.’’ practices and to prevent resulting con- check consumer credit history before Since the Senate Judiciary Com- sumer debt and insolvency. issuing or ‘‘pre-approving’’ credit mittee considered this bill in June, I This amendment directly addresses cards. Representatives of large credit have received examples from constitu- one of the major causes of personal card issuers such as Bank of America ents of credit card companies who offer bankruptcies: bad consumer debt. have assured me and my staff that they credit

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10745 cards to persons who are wholly unable other card offered free mileage on US debt, run up on 25 retail and credit to afford them. I have also had my staff Airways. The fine print disclosed its cards—but only $17,520 in yearly in- review solicitations they have re- annual percentage rate as 18.4 percent; come; another bankruptcy filer, had ceived. 21.9 percent if the account is in default. $23,826 in debt, run up on 6 credit cards I want to give you some examples of Another constituent, also from and 7 retail cards—and only $4,320 in the sort of inappropriate credit card so- Pacifica, CA, who is unemployed, was yearly income; still another bank- licitations my constituents and my offered a platinum card with an up to ruptcy filer had $28,054 in debt, run up staff have received. $50,000 credit line. As with a number of on 6 credit cards and 9 retail cards, but A constituent from San Ramon, CA, these offers, the solicitation boldly ad- only $11,520 in yearly income; and in wrote that her 7-year old son received vertised an ‘‘introductory’’ annual per- the most egregious case, one filer had a ‘‘charter membership offer’’ for a centage rate of 3.9 percent for cash ad- $97,372 in debt, run up on a total of 26 Visa Signature Card. The constituent vance checks and balance transfers, cards—13 credit cards and 13 retail writes: but the fine print on both cards dis- cards—and had no yearly income. An- If banks are offering bankcards to small closed the actual annual percentage other filer had over $50,000 in debt run children, who else (or what else) are they of- rate on purchases of 14.99 percent. The up on 7 credit cards—and no yearly in- fering them to. This kind of unsolicited mail other card offered free mileage on US come. is ridiculous. Airways. Similarly, the United States Trustee This is not an isolated occurrence. Besides low introductory interest for the Northern District of California Both sons of a staff member who works rates, which inevitably balloon, and provided my office with a case study of in my San Francisco office received frequent flier miles, the range of gifts some of the recent bankruptcy cases credit card offers—and they’re 12 and 15 offered to induce people to take on new filed in San Francisco; a ‘‘naturopath’’ years old. The 12-year-old is an eighth credit cards is incredible. In the past with an annual income of $8,100, accu- grader, with no income other than a $25 couple of months that I have been ask- mulated $44,690 in credit card debt, on a month allowance and gifts from his ing my staff to save solicitations, 13 credit cards before declaring bank- grandmother and holiday and birthday ‘‘free’’ gifts offered to them—and to ruptcy; a truck driver with $22,368 in gifts. He is a Star Trek fan, and he was me—to take on new credit cards, have annual income, accumulated $102,645 in offered a ‘‘Star Trek Platinum Plus included everything from: free tele- credit card debt on 14 credit cards be- MasterCard,’’ with up to $100,000 in phone calling cards, to transistor ra- fore declaring bankruptcy; an unem- credit. The card features discounts on dios, attache´ cases, Godiva chocolates, ployed person with no annual income, Star Trek merchandise and entertain- Waterford crystal, and electronic orga- accumulated $50,927 in debt on 14 dif- ment events. The solicitation noted an nizers. ferent credit cards before declaring introductory 3.9 percent annual per- And the credit card companies are bankruptcy; and the list goes on. centage rate in large, bold print. The anything if not persistent. Over the U.S. bankruptcy trustees have also small print on the back explains that past couple months, one of my staff provided my office with letter after let- the rate applies only to initial balance members has received 4 offers for sec- ter, originally sent by U.S. bankruptcy transfers and cash advance checks. The ond mortgages, totaling $75,000 in cred- panel trustees to creditors, alleging actual annual percentage rate is 14.99 it, one of which was sent twice; $230,000 ‘‘bad faith’’ on behalf of consumers, be- percent. in credit, with free gifts as incentives; cause the debtor accumulated credit The 12-year-old’s 15-year-old brother and a ‘‘college alumni’’ card, offering a card debts they could have had no real- was also offered a credit line of up to ‘‘third opportunity’’ to apply. istic expectation of repaying. For ex- $100,000 on the ‘‘First USA Platinum These sort of come-on’s, targeting ample, one letter notes that the debtor MasterCard for Science Fiction Enthu- people who oftentimes are simply in- accumulated over $110,635 in credit siasts.’’ This card offered a free space capable of affording the credit card, are card debt, but had $500 in monthly in- pen and a 9.99 percent ‘‘fixed’’ annual by no means unique to Californians. come, and had incurred a net loss in in- percentage rate. The small print ex- Bankruptcy Judge John Akard of the come in 1996 and 1997. plained that if payment is received Northern District of Texas wrote that If the consumer acted in bad faith, ‘‘late’’ twice in any 6-month period, the the attorneys for one couple who filed one wonders about the faith of the annual percentage rate balloons to Chapter 13 bankruptcy asked them to credit card companies that issued the 19.99 percent. If payment is not re- record solicitations received after fil- credit cards in the first place and al- ceived for 2 consecutive months, the ing for bankruptcy. The received over lowed the consumer to continue to ac- rate balloons further to 22.99 percent. 50 solicitations over the next 24 cumulate debt. It’s not just children. A constituent months, offering cumulatively over $2 Obviously, in each of these cases, from Lakewood, CA, wrote to me last million in credit; 25 of these were ‘‘pre- banks kept on issuing credit cards, and month: approved.’’ kept on allowing consumers to rack up I am sending to you [a solicitation] which Consumer bankruptcy attorneys tell still more debt on the cards, despite I received in the mail yesterday. It was ad- my staff that some companies send clear evidence that the consumer dressed to my mother and was offering her a credit cards to bankruptcy filers cour- would never be able to repay the debt. platinum credit card with a $100,000 credit During the debate on this bill, we line. What’s wrong with this? My mother’s tesy of their bankruptcy attorneys. been dead for seven years! In fact, a staff member informed me have heard much about the financial that when he did pro bono work for in- The constituent continues: burden that consumer bankruptcies digent people filing bankruptcy, the levy on each of us as consumers. Clear- What really bugs me about this is that credit card companies send out these solici- pro bono attorneys had to constantly ly, part of the responsibility for that fi- tations for their plastic cards and then when tell the bankruptcy filers not to take nancial burden rests with the credit they get burned, they start crying foul. They on new credit cards, which credit card card companies and retailers who irre- want all kinds of laws passed to protect companies targeted to them, knowing sponsibly continue to issue credit in them from taking hits when it’s their own that they could not disavow their debt such cases. Indeed, industry consult- practices that caused the problem. for a period of six years following ants have estimated that credit card A 22-year-old constituent from bankruptcy. companies could cut their bankruptcy Pacifica, CA, who makes $25,000 a year, In many cases, credit cards offered to losses by more than 50% if they would was offered 3 platinum cards with a consumers who have no ability to institute minimal credit screening. credit limit of up to $100,000 on each repay them and no reason having them As I mentioned at the outset, I sup- card. Two of the cards advertised in is a direct cause of personal bank- port S. 1301, which gives bankruptcy large, bold print, ‘‘introductory’’ an- ruptcy. The U.S. Bankruptcy Trustee judges effective tools to require respon- nual percentage rates of 3.9 percent for for the Southern District of California sible behavior from debtors once bank- cash advance checks and balance trans- provided my office with some exam- ruptcies occur. This amendment is nec- fers. The fine print on both cards dis- ples, taken directly from the rolls of essary to promote the responsible be- closed the actual annual percentage recent bankruptcy filers in San Diego: havior needed to prevent such bank- rates on purchases of 14.99 percent. The One bankruptcy filer had $41,989 in ruptcies from occurring in the first

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10746 CONGRESSIONAL RECORD — SENATE September 23, 1998 place, by preventing the runaway con- Hearing none, the question is on tion, the family farm exemption, if it sumer debt that is one of the principal agreeing to the amendment No. 3615. remains as we have it in this particular causes of the rise in personal bank- The amendment (No. 3615) was agreed act. ruptcies. to. Many farming States have similar I urge my colleagues to vote for the Mr. GRASSLEY. I move to recon- homestead laws dating back frequently adoption of this amendment. sider the vote and to lay that motion to the time of statehood and of the set- I end my comments with one state- on the table. tling of many places in the Midwest, ment: Responsibility is a two-way The motion to lay on the table was where people could keep their home street. And what is sauce for the gan- agreed to. and 160 acres if they would just settle der is also sauce for the credit card Mr. GRASSLEY. I suggest the ab- this land for a period of 5 years. That is company. sence of a quorum. the basis of this homestead law. This Mr. President, it is my understanding The legislative clerk proceeded to provision that is in the bankruptcy that the amendment has been accepted call the roll. code and the changes that we have be- by both sides. Mr. BROWNBACK. Mr. President, I fore us today could have a significant I yield the floor. ask unanimous consent that the order impact on farmers who are already Mr. GRASSLEY addressed the Chair. for the quorum call be rescinded. faced with cash flow problems caused The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER (Mr. ator from Iowa. by low commodity prices. HUTCHINSON). Without objection, it is Mr. GRASSLEY. Mr. President, this This bill also does not take into con- so ordered. amendment will be accepted. And I sideration the vastly different property Mr. BROWNBACK. Mr. President, I would like to say, after listening to values in various States that will be af- rise to make a few remarks on the Con- Senator FEINSTEIN’s statement, as well fected by this particular homestead sumer Bankruptcy Reform Act, which as studying the legislation in great de- provision. is the pending business at this point in tail, we can enthusiastically back this While I believe we should prevent time. and fight for its retention in con- fraud and abuse of our bankruptcy sys- I commend the hard work of Senator ference as well. I was not that certain tem, preempting State homestead laws GRASSLEY and the Senate Judiciary when I visited with the Senator pri- and imposing a one-size-fits-all ap- Committee for crafting this much- vately, but I would like to state pub- proach is not the answer. I hope that needed reform of our bankruptcy laws. licly that we think she has a very good my colleagues will consider this as we idea here and that we can work to keep Bankruptcy filings rose to almost 1.4 look forward in dealing with this provi- it in conference. I cannot guarantee million last year. That is up from sion and working together with the anything, but at least I feel very 172,000 in just 1978—enormous growth House to get a fine Consumer Bank- strongly about it. in bankruptcy filings. More than 70 ruptcy Reform Act put together. We It kind of backs up some of the percent of those who filed for bank- should not penalize, we should not things that we have done on disclosure ruptcy last year did so under chapter 7 usurp, the States that have put forward in the managers’ amendment as well. of the U.S. bankruptcy code, which a particular homestead exemption. Those things will probably be much erases most debt incurred. With that, Mr. President, I yield the more controversial in conference than The cost of these bankruptcies to the floor. what the Senator from California is U.S. economy last year has been esti- I suggest the absence of a quorum. trying to do. She, from my standpoint, mated at more than $44 billion—enor- The PRESIDING OFFICER. The through the year that we have worked mous cost. And these losses are passed clerk will call the roll. on this legislation, and being prodded on to consumers, costing every house- The assistant legislative clerk pro- also by the Senator from Illinois about hold that pays its bills $400 in hidden ceeded to call the roll. the problems that we have or the po- taxes. That is not fair to the millions Mr. DORGAN. Mr. President, I ask tential problems we have with credit of families who pay their bills—mort- unanimous consent that the order for card companies, and they not being too gages, car loans, student loans, and the quorum call be rescinded. careful in their anticipation of who credit card tabs—every month. The PRESIDING OFFICER. Without they take on to give credit to, does This legislation goes a long way in objection, it is so ordered. back up the study that the Senator addressing the fraud and abuse of our Mr. DORGAN. Mr. President, I under- from California has called for. bankruptcy system while ensuring that stand debate on the Harkin amendment She does not give new statutory au- people who are in considerable eco- was to begin at 11 a.m.? thority to the Federal Reserve. She nomic pain will be protected. The PRESIDING OFFICER. The Sen- does give the Federal Reserve author- However, I am extremely concerned ator is correct. ity, after the study, if the Federal Re- about a provision in this bill which Mr. DORGAN. I ask unanimous con- serve wants to do it, to issue regula- places a cap on the homestead exemp- sent that the full 45 minutes allowed tions that would require additional dis- tion. My State of Kansas has a home- for debate on the Harkin amendment closure to consumers, then, within stead law in our State constitution begin now. their existing statutory authority, if dating back to 1859. Many farmers have The PRESIDING OFFICER. Without the board finds necessary, ‘‘to ensure used this law during times of economic objection, it is so ordered. responsible industrywide practices and hardship to protect their farms, their Mr. DORGAN. Mr. President, Senator to prevent resulting consumer debt and homes and their 160 acres. While the HARKIN is on his way. He spoke briefly insolvency.’’ Consumer Bankruptcy Reform Act ex- on this amendment yesterday after- This is all based upon a study which empts family farmers from the home- noon, and I would like to make a cou- we believe, based upon our year’s con- stead provision, many small farmers ple comments on it. This amendment is sideration of this legislation, probably would not qualify under the bank- very simple. It is an amendment that is a very worthwhile thing for us to ruptcy code as a family farm because expresses the sense of Congress that have and to promote. So with those they or their spouse earn off-farm tax- the Federal Reserve Board, through the ideas in mind, we accept the amend- able income. Federal Open Market Committee, ment and congratulate the Senator I might note for my fellow Members should reduce its Federal funds rate. from California. Most importantly, we that over half of the people involved in The Federal Reserve Board will meet thank her for her cooperative attitude agriculture today in my State and in soon and consider once again what it toward our resolving a lot of dif- many States across the country have wishes to do with monetary policy, and ferences we have had with her original considerable off-farm income from ei- especially with short-term interest legislation. ther themselves or their spouses and rates. Mrs. FEINSTEIN. I thank the Sen- yet are full-time involved in agri- I would like to show a couple of ator. culture. They have the outside income charts just to describe where we are at The PRESIDING OFFICER. Is there for various numbers of reasons, but this point with the American economy. any further debate on Feinstein this provision will not allow them to ‘‘Consumer Price Index.’’ As we amendment No. 3615? qualify for that agricultural exemp- know, the Federal Reserve Board has

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10747 been chasing inflation now for, oh, 4 and you would always have somebody body who owns a house, everybody who years or so. Every quarter they have with a gray suit on top. They are is paying off a credit card, anybody another discussion and wring their economists. They all come from the who has any debt at all of any type is hands and gnash their teeth and fret same background. They all pretty paying higher interest rates than they and worry and sweat about what is much look the same, and they all pret- ought to pay. In a number of cases it happening to inflation and when the ty much think the same. There is not a means some homeowners might be pay- next wave of inflation is going to hit. person among them who represents ing $100 or $200 a month more in inter- Of course, inflation has gone down, somebody who manufactures some- est than they ought to pay. Somebody down, way down. thing or fixes something or sells some- is just taking it out of their pocket. In The Federal Reserve Board told us, thing, but that is the way the Fed is. effect, they have taxed them—to the by the way, at the start of this, that When I was a kid in a town of 300 peo- detriment of the individual, to the re- the inflation rate would jump up al- ple in southwestern North Dakota, we ward of the lender. That is why I asked most certainly if the unemployment had a circus come to town. That cir- the question earlier: Whose interest rate went below 6 percent. Of course, cus—it was a very small circus because does this Fed serve? the unemployment rate has been below you do not get a big top in a town of 6 percent for over 4 years and the infla- 300 people—but that circus had an ele- Some say its constituent’s interest is tion rate keeps coming down. The Fed- phant. It was the first elephant I had that of the big money center banks. It eral Reserve Board was dead wrong on ever seen, and the first elephant, I looks that way. How else would they that issue. think, that had ever come to my home- justify interest rates that are more But the Federal Reserve Board sits in town. The thing that interested me as than 2 full percentage points above the that house of theirs on a hill impen- a little boy is that that big old ele- real rate of inflation, when in fact for etrable by the American public, closes phant would stand out there by the nearly 40 years prior to Mr. Greenspan its doors, makes its decisions in secret tent and he had a steel cuff around his joining the Federal Reserve Board the about interest rates. Only, and then foot and a chain of about 6 or 8 feet at- real interest rates above inflation set tells us after the decisions are made tached to a stake that was pounded by the Board were 1.8 percent? How what the interest rates in this country into the ground. I thought to myself, else would you justify that kind of will be. how on Earth can that little stake hold massive overcharge of the American The Federal funds rate set by the that big elephant? How can that work? people through higher interest rates? Federal Reserve’s Open Market Com- Then I was told later, when I grew The Federal funds rate is not charged mittee is much higher than it ought to up, about that elephant and that chain to everybody. It happens to set the fee, be. Prior to Mr. Greenspan becoming and that stake. They say that when set the charge. The prime rate comes Chairman of the Federal Reserve they capture wild elephants in Thai- off the Federal funds rate. Other rates Board, from 1950 to 1987, the average land, they get a wild elephant and they come off the prime rate. The fact is, real Federal funds rate was 1.8 percent; put a big metal cuff around the ele- when the Federal Reserve Board de- for 37 years on average. The real Fed- phant’s leg, put a chain on that cuff, cides in secret to set interest rates eral funds rate, the economic rent for and then they tie the other end of that that are higher than they ought to be, money, adjusted for inflation, that was chain to a big banyan tree. And for 6 then everybody else ends up paying set by the Federal Reserve Board, was days, 10 days, 12 days, maybe 2 weeks more than they should pay. And who 1.8 percent. Today that short-term in- that elephant will pull and struggle benefits? The big money center banks. terest rate, after inflation, is 3.9 per- and grunt and groan and try to pull It is interesting, these folks who will cent—the highest level since just be- that chain away from that big banyan be in that room making the decision fore the last recession in 1990. tree. Of course the banyan tree doesn’t when the door is closed—the last dino- One must ask the question, Why, why budge an inch. After a certain period of saur in America that makes decisions are the American people in effect being time, the elephant understands that in secret, the last dinosaur that exists taxed with higher interest rates? Why the elephant cannot move. Then they in our Government—when they go into is the Federal Reserve Board punishing take the chain off the banyan tree and a room and close that door and make the American people with interest just put a stake in the ground and the decisions in secret, they will be rep- rates that are higher than they should elephant stands there with a cuff resenting—who? Who hired them? be? The answer: Because they have around his leg and a chain and a small Their boards of directors. Who hires served their constituent interests, stake. The elephant is chained to his the regional Fed bank president? The which are the large money center habit. His habit is he knows he cannot regional board of directors. And who is banks; they want the higher interest move. rates. But that moves against the in- I was thinking about that the other that? The regional bankers. Whose in- terests of the American people, of the day and I was thinking about the Fed- terests are they going to look after in people who produce and work and bor- eral Reserve Board. What a wonderful that room when the door is locked? row. analogy, chained to his habit. You talk They are not accountable. Their names I have brought to the floor from time about a board chained to their habits, did not come here for the Senate to to time pictures of the Federal Reserve the Federal Reserve Board has been, say, yes, we would like to sanction you Board of Governors and the presidents for 4 or 5 years—despite all the evi- to go into a room and make decisions of the regional Fed banks, and the rea- dence to the contrary in this country about monetary policy. They are not son I have done that is because they that the global economy is putting accountable to anybody. They were not control monetary policy and nobody downward pressure on wages, that confirmed by anybody. They are not knows who they are. So I thought we there are no new fires of inflation out accountable. Yet they go into a room should probably have pictures of all of there in the country, that the inflation with a locked door and make a secret them, when they were appointed, where rate is coming down even as the unem- decision with others and tell the Amer- they were educated, what their back- ployment rate has come down. These ican people what they are going to pay ground is, and how much money they gray-suited folks, chained to their old in interest rates. make. And so here, once again, is a pic- habits, have continued to insist, no, We have people come here and talk ture of the Federal Reserve Board of they must keep interest rates higher about taxes forever—that is a tax. A Governors and the regional Fed bank than they ought to be because they are higher interest rate than ought to be presidents. On a rotating basis, these worried about some future specter of paid is a tax; it is a big tax on almost regional Fed bank presidents join the inflation despite the fact that inflation all working families in this country. So board of governors, they go into a is running in the opposite direction. who are these people going to rep- room, shut the door, and in secret de- What does that mean? What does it resent? Are they going to be sent to the termine what our interest rates are mean when these folks lock their doors Open Market Committee to make deci- going to be in this country. Here is who and in secret say, ‘‘We are going to sions that contradict the interests of they are. You could put them all in a keep interest rates higher than what it their boards of directors? I don’t think barrel, shake it up, roll it downhill, ought to be’’? What it means is every- so. Would it be logical to assume that

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10748 CONGRESSIONAL RECORD — SENATE September 23, 1998 they would come to this decision- invited him down to the ranch at threat that does not exist and, as a re- making point representing the inter- Perdinales, in Texas, and they say al- sult, keeps interest rates substantially ests of those who gave them their jobs? most squeezed the barbecue sauce out higher than they should be on a real I think so. of that guy, he was so upset the Fed- basis. As a result of that, the Federal The amendment to be offered by Sen- eral Reserve was going to increase in- Reserve overtaxes every American ator HARKIN and myself and a couple of terest rates by one-quarter of 1 per- family that pays a higher cost for cred- others is an amendment that asks the cent. it than can now be justified. Congress to express itself to the Fed- Interest rates used to be part of sub- The Congress has every right to send eral Reserve Board. I know we have stantial discussion and lively interest a message to the Federal Reserve people who say, ‘‘Oh Lord, the last in this country, but we now have a Fed- Board that: ‘‘When next you meet and thing Congress ought to be involved in eral Reserve Board, as I said, that is close that door and begin deciding in is monetary policy.’’ Why should we the last dinosaur. It wants to keep secret the fate of this country’s mone- not be involved in making our views monetary policy outside the purview of tary policy and interest rates, we en- known to the Federal Reserve Board? normal public debate. It wants to do courage you, given all the evidence, to Anybody who comes out here opposing what it wants to do in a locked room decide to reduce interest rates.’’ this, I would like to ask them this: If behind a closed door, and decide to Mr. President, I notice Senator HAR- for 40 years the real economic rent for keep interest rates about 2 full per- KIN has not yet arrived on the floor. money set by the Fed through Federal centage points above where they ought Let me go down the findings briefly funds rate is 1.8 percent, if that is the to be given the real rate of inflation in while we are awaiting Senator HARKIN rate for 40 years, how do you justify this country today. to come to the floor. having a rate that is nearly 2 points The Senator from Iowa will offer an While interest rates, we hear on the higher, on average during the Green- amendment. The sense of the Congress news, continue to decline, long-term span years? How do you justify it? Do at the end is very simple. It is one mortgage rates, and so on, the infla- you think it is fine? If so, how do you short sentence: tion rate, of course, is way, way, way justify taxing your constituents with It is the sense of the Congress that the down. The question is the real interest the higher interest rate because the Federal Open Market Committee should rates, the economic rent for money. Fed decides it is going to represent promptly reduce the Federal funds rate. And also the question is, What is hap- their interests, not ours? It is very simple. That is preceded by pening to our economy? Is it slowing I am not here arguing for easy a series of pieces of information that down? And if so, would paying higher money, easy credit. I am here arguing make the case. interest rates, as imposed by the Fed- for fairness. I am here asking the Fed- Let me finish, Mr. President. I know eral funds rate, be beneficial to this eral Reserve Board to represent the en- Senator HARKIN is on his way. I know economy? tire public interest here, not just their Senator DOMENICI is also scheduled to Real interest rates are at historically interest. speak. We have a vacancy on the Fed- high levels, the highest in 9 years—real Our economy, from most recent evi- eral Reserve Board. There is one seat interest rates. The Federal funds rate dence, looks to be slowing down some. vacant. The Federal Reserve Board of is 5.5 percent. It has been there since Our economy faces a number of inter- Governors has seven people, all ap- March of 1997, despite an inflation rate national threats. We have an Asian pointed by the President, confirmed by of 1.7 percent. Between 1992 and 1994, economy that is in shreds—Korea, the Congress. The confirmation process the Federal funds rate averaged 3.6 per- Japan, China, Indonesia. The difficulty requires there be accountability, so cent, while inflation was at 2.8 percent. in the Asian economy, a very signifi- that is what we have, a Presidential The Chairman of the Federal Reserve cant difficulty, is beginning to be felt appointment with confirmation. Board, Mr. Greenspan, said during his in this economy. It seems to me, when That is not the case with regional testimony before the House Banking we have a Federal Reserve Board that Federal bank presidents. They serve on and Financial Services Committee on imposes higher interest rates than are the Open Market Committee and make February 24 of this year: justified, much higher interest rates decisions, but they are not confirmed Statistically, it is a fact that real interest than we have historically had with re- by anybody. rates are higher now than they have been on spect to real economic rent for money, We have one vacancy. I have come to the average of post-World War II periods. it seems to me when they do that at a the floor to say I would like my Uncle Actually, real interest rates are high- time when we begin to face what ap- Joe to be considered. My Uncle Joe is er now than they have been prior to pears to be some significant difficulty retired. My Uncle Joe used to fix gen- Mr. Greenspan becoming Chairman of from external economic forces, the Fed erators and alternators in his shop be- the Fed. Inflation over the last 2 years, ought to take a look at doing what it hind his house. He is pretty good with preceding the date of enactment of this should have done long ago, and that is his hands. He knows how to fix things. act, was at its lowest level since the reduce real short-term interest rates to My theory is, there is nobody on the 1960s. Corporate earnings are down 1.3 where they ought to be. Fed who has ever fixed anything or percent from a year earlier, and, as I I know this discussion causes a lot of ever manufactured anything or ever mentioned, farm debt is at its highest people just to fog out and glaze over been in a part of the business where level since 1985. Broad commodity price and go to sleep because, frankly, it is one is actually involved in a consump- indexes are extremely low. There are in the interests of those who make tive use of credit to make a business signs of global depression or at least monetary policy to keep the monetary work. severe recession and the potential of policy questions outside of the purview For a couple of centuries, we had ten- depression in parts of the economies of of public discussion. A century ago you sions in this country between those Asia, and there are signs that that will could go to a barber shop or a bar in who produced and those who financed negatively impact this country this country and get into an aggres- production, and in some decades those through fewer purchases of U.S. ex- sive, interesting, lively discussion who produced have had an upper hand, ports and through a greater influx of about interest rates. All over the coun- and in some decades those who fi- cheap imports to the United States. try they talked about interest rates. nanced production have had an upper We, as a result of this resolution, Mr. President, 35 years ago there was hand. With the help of the Federal Re- want to put the Senate on record as going to be a one-quarter percent in- serve Board, in most recent years those saying to the Federal Reserve Board: crease in the Federal funds rate. And who finance production have had the ‘‘You ought to do what the evidence re- the fellow who was heading the Federal upper hand. That ought not be the quires you to do; you ought to do what Reserve Board was thinking about the case. the American people know you should one-quarter of 1 percent increase. There is a clear and compelling case, do; you ought to do what most good There were front page headlines all made by Senator HARKIN yesterday, economists would advise you do now, across the country. Lyndon Johnson and I hope by myself, that the current even though you have not done it for invited this fellow, the head of the Fed- Federal funds rate established by the sometime now; you ought to reduce the eral Reserve Board, McChesney Martin, Federal Reserve Board responds to a Federal funds rate to a level that is

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10749 fair and fairly reflects the economic The assistant legislative clerk pro- rates are higher now than they have been on rent for money relative to the real rate ceeded to call the roll. the average of the post-World War II pe- of inflation.’’ Mr. HARKIN. Mr. President, I ask riod.’’; The Federal Reserve Board has kept unanimous consent that the order for (5) inflation over the 2 years preceding the the Federal funds rate artificially high date of enactment of this Act was at its low- the quorum call be rescinded. est level since the 1960’s; because it has worried about inflation. The PRESIDING OFFICER. Without (6) interest rates on 30-year Treasury bonds As I indicated in the chart, the rate of objection, it is so ordered. have sunk to record lows and are below the inflation has come down, down, way Mr. HARKIN. Parliamentary inquiry. Federal Funds rate, a signal that the United down, even as unemployment has come What is the floor situation right now in States economy could be headed for a reces- down. The Federal Reserve Board, pre- terms of time under the unanimous- sion; dicting new waves of inflation at every consent agreement agreed to yester- (7) United States corporate earnings in the step along the way, has been consist- day? second quarter of 1998 were down 1.3 percent from a year earlier; ently wrong about this. Some say the The PRESIDING OFFICER. The Sen- (8) a reduction in interest rates would in- Federal Reserve Board should be given ator has the right to offer an amend- crease resources for business growth; credit for the fact it is down. The Fed- ment and the Senator has 15 minutes (9) the farm debt is at its highest level eral Reserve Board did nothing but pre- remaining on his time. since 1985, and broad commodity price in- dict this was going to be different. It Mr. HARKIN. I did not hear that. dexes are extremely low; requires no credit to be wrong. How much time? (10) there are significant, widespread signs So I ask, and I think Senator HARKIN The PRESIDING OFFICER. Fifteen of global deflation, to which the United would ask, the Federal Reserve Board minutes. States has not been exposed since the Great to do the right thing when it meets in Mr. HARKIN. On our side? Depression; (11) there has been a deterioration in a the Federal Open Market Committee, The PRESIDING OFFICER. That is number of economies around the world, and make the reduction in interest correct. which will negatively impact the United rates that is justifiable and is impor- Mr. HARKIN. Fifteen minutes left on States through fewer purchases of United tant to this country. this side? States exports and a greater influx of cheap Mr. President, I reserve the remain- The PRESIDING OFFICER. That is imports to the United States; der of the time, and I suggest the ab- correct. (12) the United States economy is a large, sence of a quorum. Mr. HARKIN. Mr. President, I yield 7 healthy economic engine, and if the United The PRESIDING OFFICER. The minutes to the Senator from Min- States economy does slow, it would be ex- ceedingly difficult for the worldwide econ- clerk will call the roll. nesota, Senator WELLSTONE. The assistant legislative clerk pro- omy to recover; The PRESIDING OFFICER. The Sen- (13) a decline in equity values could ceeded to call the roll. ator from Minnesota is recognized. dampen confidence and slow consumer and Mr. DOMENICI. Mr. President, I as Mr. WELLSTONE. Parliamentary in- business spending, which together represents unanimous consent that the order for quiry, Mr. President. Has the amend- four-fifths of the United States economy; the quorum call be rescinded. ment been called up? (14) a decline in United States interest The PRESIDING OFFICER. Without rates would help bolster the currencies of AMENDMENT NO. 3616 TO AMENDMENT NO. 3559 objection, it is so ordered. countries throughout the world suffering Mr. DOMENICI. Mr. President, may I (Purpose: To express the sense of the Con- from economic hardships; and gress regarding the reduction of the Fed- discuss with Senator DORGAN the cur- (15) a reduction in interest rates would eral Funds rate by the Federal Open Mar- strengthen the United States economy over rent situation? We have a unanimous- ket Committee) consent agreement that says at 11:45 the next year while the world’s weakened economies recover. a.m. I am to be recognized to move to Mr. HARKIN. Mr. President, before I yield to the Senator, I ask that the (b) SENSE OF THE CONGRESS.—It is the sense table the amendment. I am here. I only of the Congress that the Federal Open Mar- have 5 minutes to speak, and I don’t amendment be called up at this time. The PRESIDING OFFICER. The ket Committee should promptly reduce the choose to use that at this moment. Federal Funds rate. clerk will report. What is the Senator’s understanding Mr. HARKIN. I yield to the Senator about how we are going to handle this The assistant legislative clerk read as follows: from Minnesota 7 minutes. unanimous-consent agreement that The PRESIDING OFFICER. The Sen- The Senator from Iowa [Mr. HARKIN] for sets 11:45 a.m. as a vote time? ator from Minnesota. Mr. DORGAN. Mr. President, the himself, Mr. DORGAN, Mr. CONRAD, Mr. Mr. WELLSTONE. I thank the Chair. 11:45 a.m. time has been extended, I WELLSTONE, Mr. BRYAN and Mr. KERREY, pro- I thank my colleague from Iowa. think, by about 8 minutes by unani- poses an amendment numbered 3616 to amendment No. 3559. I do not think I am going to be able mous consent. to do justice to the question that is be- The PRESIDING OFFICER. By 5 Mr. HARKIN. Mr. President, I ask fore us. There was a bit of confusion. minutes; the Senator is correct. unanimous consent that reading of the Mr. DORGAN. By 5 minutes. That amendment be dispensed with. We were over hearing President Nelson would be 11:50 a.m. I am waiting for The PRESIDING OFFICER. Without Mandela and lost some valuable time Senator HARKIN to arrive on the floor. objection, it is so ordered. on the floor, although I must say I He is the principal sponsor, along with The amendment is as follows: would have never traded that experi- myself, on the legislation. He wants to At the appropriate place, insert the fol- ence to hear President Mandela. speak on it. I just finished speaking. I lowing: Mr. President, for the last few am waiting for Senator HARKIN. I sus- SEC. . SENSE OF THE CONGRESS REGARDING months, we have been so absorbed with pect he will want to provide some re- INTEREST RATES. the crisis at the White House I am marks, after which the Senator from (a) FINDINGS.—The Congress finds, as of the afraid we have neglected another crisis date of enactment of this Act, that— that might end up having a far greater New Mexico can proceed. (1) real interest rates are at historically Mr. DOMENICI. I appreciate that. I impact on ordinary working Ameri- high levels, the highest in 9 years; cans. I am talking about a global eco- guess while we are in a quorum call, (2) the Federal Funds rate is 5.5 percent, time is not running. I ask unanimous where it has been since March 1997, despite nomic crisis whose effects are already consent that up to 5 minutes of the an inflation rate of 1.6 percent; being felt on our shores. quorum call not be charged and, thus, (3) between 1992 and 1994, the Federal The situation in the global economy we will have 5 additional minutes be- Funds rate averaged 3.6 percent, while infla- today is much more than troubling; it fore the time the Senator from New tion was at 2.8 percent; is dangerous. I believe we must act now (4) to confirm that real interest rates are to stop the world from slipping into a Mexico makes a motion to table. historically high, the Chairman of the Board The PRESIDING OFFICER. Without deflationary spiral. And by the way, I of Governors of the Federal Reserve System, would like to give Bill Greider, and his objection, it is so ordered. Alan Greenspan, said during his Humphrey- Mr. DOMENICI. I suggest the absence Hawkins testimony before the Committee on book ‘‘One World: Ready or Not,’’ just of a quorum. Banking and Financial Services of the House a little bit of mention. I think Bill The PRESIDING OFFICER. The of Representatives on February 24, 1998, Greider deserves a tremendous amount clerk will call the roll. ‘‘Statistically, it is a fact that real interest of credit. That book, written about two

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10750 CONGRESSIONAL RECORD — SENATE September 23, 1998 years ago, was really prophetic about tionary spiral in your economy. That Moreover, an expected slowdown in where the international economy has not happened. There is no evidence economic growth should douse any pos- might go. that it will happen. sible inflationary pressures. Corporate As I said, I believe we must act now The No. 1 enemy right now is not in- earnings in the second quarter were to stop the world from slipping into a flation, but the whole question of defla- down 1.3 percent from the previous deflationary spiral. Surely part of the tion, the whole question of a depression year. Economic growth slowed from 5.5 solution—not the whole solution—is in a good part of the international percent in the first quarter to 1.6 per- for the Federal Reserve to cut short- economy which is going to dramati- cent in the second. The OECD predicts term interest rates significantly. cally, crucially, affect the quality of lower U.S. growth next year. Chairman I hope that Alan Greenspan, Chair- our lives, our children’s lives and our Greenspan himself has acknowledged man Greenspan, today in his testimony grandchildren’s lives. that ‘‘there are the first signs of ero- will, indeed, signal that he is ready to The Federal Reserve Board, led by sion at the edges, especially in manu- do that. This may be only one part of Mr. Greenspan, must lower short-term facturing.’’ Manufacturing capacity the solution, but it is an important interest rates. They are too high. It utilization is at a six year low, com- part, and that is what this Sense-of- makes no sense whatever—from the modity prices are falling, and farm the-Congress resolution is all about. point of view of the best macro- debt is the highest it’s been since 1985. Mr. President, this global economic economic management, from the point And the Fed says its monetary policy crisis is unlike anything many of us of view of economic performance, from must be based on forecasts of economic have ever experienced in our lifetimes. the point of view of stimulating de- conditions 6 to 9 months in the future! For the first time since the 1930s, we mand in these economies, from the In his speech last week, President see the GDP falling in over one-quarter point of view of coordinating with Clinton recognized that these new cir- of the world economy. Last week, other countries like Germany—for the cumstances call for a reexamination of President Clinton called this ‘‘the Federal Reserve Board not to lower the some of our most basic economic as- greatest financial challenge in the last federal funds rate. That is what this sumptions. ‘‘For most of the last 30 half-century.’’ And he was right. resolution calls for. That is why I am years, the United States and the rest of If we choose to do nothing, we will pleased to join my colleague from the world has been preoccupied by in- have little hope of escaping from this Iowa. flation,’’ he said. ‘‘But clearly the bal- crisis unscathed. As Chairman Green- This is why a rising chorus of voices ance of risks has now shifted, with a span recently testified, we cannot for- is now calling for lower rates. Many of full quarter of the world’s population ever be an oasis of growth when so them are conservatives. They include living in countries with declining eco- much of the world’s economy is con- the Wall Street Journal, Jack Kemp, nomic growth or negative economic tracting. the National Association of Manufac- growth. Therefore, I believe the indus- Lowering interest rates will address turers, the Business Roundtable, Ste- trial world’s chief priority today, the global crisis in several ways. It will phen Roache, C. Fred Bergsten, Roger plainly, is to spur growth.’’ supply some much needed liquidity to a Altman, Steve Forbes, and many oth- The Federal Reserve’s obsession with world economy starved by massive cur- ers. inflation-fighting can be traced back to rency devaluations. It should help re- But there are also many who don’t the so-called NAIRU [Non-Accelerating start capital flows to crisis countries. share my sense of alarm. A few may Inflation Rate of Unemployment] the- Lower rates should also weaken the simply be afraid to say anything that ory. What NAIRU boils down to is this: dollar, making it easier for foreign bor- could trigger a panic. Others may not it’s a belief that lowering unemploy- rowers to repay their dollar-dominated see any need to take precautions ment too much will cause inflation to debt. Boosting the yen against the dol- against a forecasted hurricane—espe- spiral out of control. Tragically, this lar should make other Asian countries cially when the skies directly above us theory has too often stood in the way more competitive and help stabilize are sunny and clear. Well, maybe they of policies that would reduce unem- their economies. The end result should are right. Maybe this storm will veer ployment. be higher world economic growth and off course. But what if they’re wrong? Yet it seems to have little, if any, less instability in the financial mar- Some of my colleagues may well say, correlation to our actual economic ex- kets. ‘‘We already have low interest rates. perience. For four years now we’ve had Mr. President, I cannot emphasize The Fed hasn’t raised short-term rates unemployment rates below 6 percent. enough how important this Sense-of- for a year and a half.’’ True enough. They’ve been under 5 percent for well the-Congress amendment is, because But if you adjust those rates for infla- over a year. During that time, inflation we are attempting to send a signal tion, they’ve actually been rising for has been falling, not rising. The fact is, here. I come from the Midwest. We see some time. Chairman Greenspan him- there’s little reason to believe low un- a contraction in the farm economy. We self testified earlier this year that employment causes inflation to come see farmers driven off the land because ‘‘Statistically, it is a fact that real in- unhinged. It seems to me that this of record-low prices. But what I also terest rates are higher now than they NAIRU theory is about as out-moded as see is an absolutely impossible situa- have been on the average of the post the Nehru jacket. And frankly, I have tion right now where what is hap- World War II period.’’ In fact, the infla- serious doubts whether either of these pening in this world economy is surely tion-adjusted federal funds rate hasn’t fads was ever really defensible. going to affect us. And there is no been this high since 1989. In the past, the Fed has focused on question that, by lowering interest Unfortunately, there has been a fighting inflation over all other consid- rates in coordination with other coun- strong bias, at the Federal Reserve and erations, which puts it at odds with its tries—like Germany and the G–7 coun- elsewhere, against lowering rates, own statutory mandate. Let me remind tries—we can at least increase demand. though this may be changing as we my colleagues, once again, that the If there is one thing we must do, it is speak. The reason for this is simple: an Federal Reserve is a creature of Con- increase demand in all of our econo- inordinate fear of inflation. But infla- gress. The 1946 Employment Act di- mies so that people will be able to con- tion today stands at 1.6 percent, down rects the Fed to pursue policies of sume, so we will have markets to sell from 3 percent in 1996. Where is the evi- ‘‘maximum employment, production, to. Bill Greider was right. The major dence of any inflationary pressure on and purchasing power.’’ The 1978 Hum- threat right now, not only to the inter- the horizon? This downward trend can- phrey-Hawkins Act amendments call national economy but to our own econ- not be attributed solely to the Asian for policies of ‘‘full employment,’’ omy, is not inflation. It is deflation. crisis, either: the producer price index ‘‘balanced growth,’’ and ‘‘reasonable All the arguments about the fell for the first seven months of 1997, price stability.’’ Instead, it seems the NAIRU—the Non-Accelerating Infla- before the crisis even began. To quote Fed sees its mandate as stifling real tion Rate of Unemployment—don’t Bruce Steinberg, chief economist at wage growth. stand up. It is not true that when you Merrill Lynch, ‘‘People who cry about Sometimes Washington seems like a have low levels of unemployment you inflation are in some other universe of different world than the one where automatically set into gear an infla- reality right now.’’ most Americans live, and never more

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10751 so than when it’s engulfed in scandal. who want or need to switch jobs to do so would be good for the global system as But it can seem like a pretty odd place without a long period of joblessness, and low- a whole. We cannot forever be the even in more normal times. In testi- ers the duration of a typical unemployment buyer of last resort. We cannot forever spell. . . . Wasted resources from not pro- help other countries develop economi- mony before Congress, Fed Chairman ducing at potential, together with the Greenspan has seemed to express satis- human cost of unemployment, are intoler- cally by absorbing all their manufac- faction that job insecurity keeps work- able; the elimination of this waste is the turing exports. They need to create ers from demanding higher wages. principal benefit of a sustained return to full their own domestic demand. Trade More recently he has voiced concern employment. should be a complement to healthy de- that wages are rising, despite the fact As James Galbraith argues in his mand at home, not a substitute for that wage growth has not kept up with powerful new book, Created Unequal, weak demand. Otherwise we cannot es- productivity. I’m not sure which is lower interest rates and full employ- cape the trap of excess production and more outrageous: that anybody in a po- ment help sustain not only a healthy overcapacity, with too many goods sition of power in this country would economy, but also a healthy society. being produced and not enough pros- say such things, or that so few people Lower rates make it easier to balance perous consumers to buy them. As the would be bothered by them. the budget. They help reduce inequal- AFL-CIO urged back in January, ‘‘The In all fairness, the Fed has resisted ity by lowering unemployment and re- United States, Europe, and Japan must the temptation to raise short-term ducing poverty, by preserving a com- work together to stimulate domestic rates for some time now. That’s prob- petitive dollar that doesn’t destabilize demand in the developing economies ably because falling unemployment has wages, and by checking the unearned and avert a dangerous tendency toward not led to higher wages until very re- income of top earners. They ease social global deflation.’’ cently, and inflation has continued on strains by pushing up wages and lifting Needless to say, we haven’t been its downward path. But now, in the sev- the burden of private debt. For all doing that. It certainly hasn’t helped enth year of this economic recovery, these reasons, in a full employment that, working through the IMF and we are finally starting to see signs of economy, citizens are more able and other multilateral institutions, we wage growth. Real wages have risen 2.6 willing to make necessary investments have imposed deflation on countries in percent annually for the typical Amer- in education, training, infrastructure, Asia and the rest of the world. We have ican worker since 1996, though they research, and other public goods. depressed foreign demand by insisting have still not regained their 1989 levels. But the flip side of this picture is not that other governments cut spending, And the trend toward income inequal- so rosy. Inequality has been rising close banks, weaken labor laws, and ity has also begun to slow. since about 1970, and today is the high- raise interest rates. And we’ve insisted This is good news, and it is a tremen- est it’s been since the Great Depres- that they deregulate financial markets dous breakthrough. The mystery of sion. Growing inequality brings out the to remove any checks on often desta- falling wages and rising inequality over worst in us. It eats away at middle bilizing flows of foreign capital. As the the past three decades turns out to be class solidarity. It encourages those AFL-CIO said back in February, not so mysterious after all. The fact is, who feel secure about their life chances ‘‘These terms may solve some short- we know how to raise wages and reduce to disavow any connection to their term credibility problems with foreign inequality. We do not have to reinvent brethren in need. Growing inequality investors, but will necessarily exacer- the wheel. Among other things, we finds expression in bitter struggles bate the tensions, inequality, and in- need to maintain low unemployment over issues such as affirmative action, stability of the global economy.’’ That, over a sustained period. We’ve done welfare, crime, entitlements, and even I believe, is exactly the problem facing this before and we can do it again. Sur- intelligence. And if income inequality us today. veying the U.S. economy since World had not so undermined middle class This is a time for bold new thinking. War II, economist James Galbraith solidarity, I don’t think the campaign In his speech last Monday, President finds that income inequality has gen- to privatize Social Security would have Clinton called on Chairman Greenspan erally risen when unemployment was ever gotten off the ground. and Secretary Rubin to convene a above 5 percent and fallen when unem- There are specific responses to each meeting of their counterparts in the G– ployment was below 5 percent. of these challenges, but the larger issue 7 and key developing countries within Simply put, we need to pursue a pol- is the erosion of solidarity among the next 30 days to strengthen the icy of full employment. The 1998 Re- Americans of different economic cir- international financial architecture for port of the Council of Economic Advis- cumstances. The answer, it seems to the 21st Century. Fifty years ago, he ers hails recent trends in income in- me, is clear. We must rebuild that soli- said, we learned to tame the cycle of equality and concludes, ‘‘Maintaining a darity with higher wages and lower in- booms and busts that had plagued na- full employment economy is essential equality. These lessons have a direct tional economies, and we must now do if this progress is to continue.’’ The ex- bearing on one of the paramount issues the same for the international econ- perience of the last two years should before Congress today: an America omy. drive that lesson home. It would be a with rising wages and declining in- But what does that entail, exactly? tragedy if an unjustified fear of rising equality is an America that need not Countries must be able to reap the ben- wages or an economic downturn kept worry about the future of Social Secu- efits of free-flowing capital in a way us from continuing that progress. With rity. that is safe and sustainable, the Presi- economic growth falling overseas and What is true for the American econ- dent said. The IMF should emphasize the growing danger of deflationary omy is equally true for the world econ- pro-growth budget, tax, and monetary aftershocks here at home, I believe the omy. The best global citizens are coun- policies. The World Bank should em- Fed needs to cut interest rates now. tries that generate their own domestic bark on a new ‘‘social compact’’ initia- There are few things, I think, that demand, and healthy demand depends tive focusing on job assistance and would improve the lives of ordinary on rising wages and lower inequality. basic needs of children and the elderly. working Americans more than full em- There’s been a lot of talk about vir- The World Bank and the Asian Devel- ployment. As the 1998 Report of the tuous cycles lately. Well, when income opment Bank should both double their Council of Economic Advisers says: gains are broadly shared, it creates a support for the social safety net in A high employment economy brings enor- virtuous cycle of mass purchasing Asia. mous economic and social benefits. Essential power, growth, savings, and new in- Meanwhile, it was reported yesterday to personal economic security is the knowl- vestment. We can promote this kind of that British Prime Minister Tony Blair edge that work is available to those who good citizenship by helping other coun- has joined the call to restructure the seek it, at wages sufficient to keep them and tries raise their wages from the bottom institutions and rules governing the their families out of poverty. A tight labor global financial system. And the IMF market encourages the confidence of job los- up—through higher minimum wages, ers that they will be able to return to work, recognition of labor rights, and fiscal just released a report endorsing the lures discouraged workers back into the and monetary stimulus. kind of capital controls Chile has labor force, enhances the prospects of those This kind of policy would be good not maintained for years to discourage de- already at work to get ahead, enables those only for them, but for us too. And it stabilizing short-term capital inflows.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10752 CONGRESSIONAL RECORD — SENATE September 23, 1998 This appears to represent a 180 degree Now, the amendment that I have at Policy wise, I believe they should about-face from its previous dogged in- the desk reads that we ask the Federal lower interest rates. So does the head sistence on liberalizing capital mar- Open Market Committee to promptly of the National Association of Manu- kets. reduce interest rates. Now, the Senator facturers, the president of General Mo- These are extraordinary develop- from New Mexico had suggested that tors, and a number of other economists ments. I believe they are a sign of the perhaps we might want to alter that a both on the conservative side and on seriousness of the crisis we face. They little bit to just say that perhaps we the liberal side. They are saying that also indicate that deeply entrenched should advise them or urge them to do we should lower interest rates. assumptions are now being reexamined. something like that. I think the purpose of this resolution I refer back to a congressional reso- That’s something we should welcome and why I am offering it is to back up lution passed by the Senate on Decem- and encourage. what I understand Chairman Green- ber 18, 1982. It passed by 93–0. I believe I believe we can prevent the worst span is attempting to do. I understand the Senator from New Mexico may from happening, but we must act now. there are still some members of the have been here at that time. I didn’t These are times that cry out for Amer- Federal Open Market Committee who check that, but I think he may have ican leadership. The most pressing don’t believe we should lower interest been here at that time. It passed 93–0. need, and our most immediate priority, rates. I think we should send them a That resolution also called on the Fed must be to deliver a preemptive strike very strong signal. We should back up to reduce interest rates. I will just read against deflation. At the next meeting what I understand Chairman Green- one sentence of it: of the FOMC, Federal Open Market span is now saying that they probably Committee, on September 29, the Fed It is the sense of the Congress that they should continue to take such actions as are ought to do, and that is lower interest should lower interest rates signifi- rates. That is the purpose of this cantly. necessary to achieve and maintain a level of interest rates low enough to generate signifi- amendment. Mr. HARKIN. How much time do I cant economic growth, and thereby reduce have remaining? Mr. ABRAHAM. Mr. President, al- the current intolerable level of unemploy- though I agree with the economic case The PRESIDING OFFICER. The Sen- ment. ator has 7 minutes 38 seconds remain- for lower interest rates made by the At that time, December 18, 1982, the Senator from Iowa, I must vote to ing. Senate saw fit by a vote of 93–0 to tell Mr. HARKIN. I yield whatever time I table this amendment. While Members the Federal Open Market Committee of Congress and Senators certainly consume. that they should do something. That is Mr. President, this amendment that have the right to express their opinions what we are saying here in this resolu- about the conduct of monetary policy, we have offered is cosponsored by Sen- tion. They should promptly reduce in- it is highly inappropriate for the Con- ators DORGAN, CONRAD, WELLSTONE, terest rates because every sign points gress as an institution to take formal ROBERT KERREY, and Senator BRYAN. to the need to do so. Again, we could legislative action designed to influence Because of the actions of the Federal say that they should consider doing it, decisions made by the Federal Reserve Open Market Committee, real interest but I am just saying in 1982 we didn’t board members. To do so would under- rates are rising. In fact, real interest say they should consider taking such mine the political independence of the rates are at historically high levels, actions. The resolution said, ‘‘They Fed and thus the stability of our finan- the highest in 9 years, because infla- should continue to take such actions.’’ tion has fallen while the Federal Re- So there was a direction from the cial and monetary system. serve failed to lower the Federal funds Senate at that time to the Fed. To Having said this, Mr. President, I am rate. those who say we shouldn’t interfere concerned about the volatility and un- This chart points it out. The Federal with the Fed, I say where in the Con- certainty enveloping worldwide finan- funds rate continues to go up at about stitution of the United States is the cial markets and the role that U.S. 3.9 percent. Fed Chairman Greenspan Federal Reserve system given such a monetary policy is playing in our glob- said in February of this year: standing? It is nowhere to be found in al financial system. There are prolifer- Statistically, it is a fact that real interest the Constitution. Article I, section 8 of ating signs of deflation that many rates are higher now than they have been on the Constitution gives the power to economists suggest are at least par- the average of the post-World War II period. coin and regulate the power of money tially responsible for the recent mar- I have said time and again that the to Congress. We have, of course, dele- ket turmoil. high interest rate policy being imposed gated that power to the Federal Re- Gold prices have fallen by more than by the Federal Reserve is a stealth tax serve System under the Federal Re- 30% since early 1996, commodity prices on hard-working American families, serve Act, as amended, many times. have fallen to 21-year lows, the yield and I believe it is a contributing factor Obviously, I don’t believe Congress curve has now inverted and real inter- to the near collapse of several econo- should coin money or regulate the est rates remain very high. Chairman mies worldwide. value it. We couldn’t do it. That is why Greenspan himself has said in the past Again, interest rates have a signifi- we have the Federal Reserve. that these indicators were important cant impact on virtually every family However, as policymakers, because signals of the direction of inflationary in America, every producer, business, the Federal Reserve is a creature of pressures. and family farmer in this country. Congress, it exists only because of an Lower rates have been needed for some amended law, passed by Congress. We Nonetheless, rather than focusing on time, but now quick action is truly have the right, and I believe the obliga- these market indicators, some mem- crucial for our country’s well-being. tion, to tell the Federal Reserve what bers of the Fed appear to have placed The economic signs not only in the we feel, what we hear, what we see, more focus on the unemployment rate, U.S. economy but in economies world- what we think is happening in the rising stock prices and wage growth. In wide demand swift and appropriate ac- economy. We are the policymakers and the meantime, corporate profits have tion. we should give them that guidance and declined on a year-over-year basis for I note in the front page of the Wash- direction when and if we believe that the first time in a decade, farm prices ington Post this morning it says, we should do so. are plummeting, bankruptcies have ac- ‘‘Signs Point to Interest Rate Cut,’’ Again, if there are those who don’t celerated and now the stock market is and: believe that we should reduce interest reflecting slower growth ahead. Federal Reserve Board Chairman Alan rates, that we shouldn’t tell the Fed- Mr. President, in my judgment, the Greenspan will testify before Congress today eral Reserve that they should reduce best environment for business is an en- amid growing signs that he may propose cut- interest rates, that I can understand. vironment of price stability. Price sta- ting interest rates when Fed policymakers That is a clear policy difference. But to bility should be the Federal Reserve’s meet next Tuesday. say that we shouldn’t tell the Fed what number one priority. And this means And it goes on to say how many ex- to do flies in the face, I believe, of our avoiding both inflation and deflation. ecutives and economists have called for responsibilities and our obligations as Today, it appears that the risks of de- that. policymakers here in the U.S. Senate. flation have risen excessively.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10753 History clearly shows that when Committee should promptly reduce the italism and entrepreneurship doesn’t monetary policy is focused on man- Federal funds rate. work, but there are institutions that aging stock markets, wages or unem- Any Senators who have traveled the have fallen apart in other countries ployment, mistakes can be made. I do world, including Europe, and are asked that are affecting us. I have no doubt not believe that higher rates of eco- what institution that the United that the Federal Reserve Board is nomic growth creates inflation. In my States has in place that is the best going to do the right thing. There is no view, rising stock prices, rising wages, thing going for global success, Amer- doubt in my mind that they are. I also and falling unemployment reflect the ican capitalism and prosperity, guess suggest that if they reduce interest incredible wealth creating capacity of what they will say? They won’t say the rates, everybody should not expect a free market system, not the artificial Senate, they won’t say the House, they that the world economy is going to get result of an easy monetary policy. In won’t say the President; they will say fixed. There are many serious problems today’s high-tech world of higher pro- the Federal Reserve Board and its that it won’t fix. ductivity, using discredited models of Chairman, who have been permitted, I reserve the remainder of my time. the economy, based in the Phillips by act of Congress, to act independ- Mr. HARKIN addressed the Chair. Curve, seems archaic. ently of political pressures. The PRESIDING OFFICER. The Sen- The recent currency devaluations in Now, frankly, there is a very serious ator from Iowa. emerging economies has also increased problem with global economic fal- Mr. HARKIN. Mr. President, this deflationary pressures. As these cur- tering. Nobody has an answer to it. amendment does not set monetary pol- rencies decline in value, the worldwide There are many suggestions as to what icy. It is a nonbinding sense of the Con- demand for U.S. dollars has dramati- we didn’t do that we should do. But I gress. William Gaston from the Con- cally increased. However, because submit, for the world to find out, after gressional Research Service writes in a there has been no matching increase in Alan Greenspan and this Federal Re- CRS report that, ‘‘Congress has en- the supply of dollars, the global econ- serve Board have done a most mar- acted nonbinding language to express omy faces a severe liquidity squeeze. velous job in controlling interest rates its monetary policy preferences to the And as Mr. Greenspan said during his and monetary policy that the whole Fed.’’ recent remarks at the University of world is looking at and saying they did The last time this Senate debated a California, Berkeley, ‘‘ it is just not it perfect, absolutely right—for us to sense-of-the-Senate resolution to ask credible that the United States can re- come along now and say, ‘‘Well, look, the Fed to lower interest rates was De- main an oasis of prosperity unaffected that is really so, but we would like to cember 18, 1982. Again, I will read—it by a world that is experiencing greatly tell them right now’’—in a way taking did not say it should seriously con- increased stress.’’ away some of their independence be- sider, it said, ‘‘It is declared that it is Given the mounting evidence of de- cause we want to put political pressure the sense of the Congress that they flation and the growing global finan- on them—‘‘that they should promptly should continue to take such actions as cial difficulties, I believe the Federal reduce interest rates,’’ frankly, I be- are necessary.’’ That is what it said in Reserve should seriously consider re- lieve we will send the wrong signal, be- 1982. It didn’t say they should ‘‘seri- ducing short-term interest rates at this cause I think the signal we need is the ously consider,’’ but they should ‘‘take juncture. The ‘‘real’’ federal funds rate stability of the Federal Reserve Board such actions.’’ has steadily increased as inflation has making decisions on behalf of America, That is what this amendment says. It declined, implying a continued tight- and America in a global market. That says they should reduce interest rates. ening of monetary policy. A rate cut is the kind of stability that the world The Business Roundtable said, ‘‘The would provide much needed liquidity to is looking for. President and Congress should encour- You know, I don’t think anybody be- global economy, stabilize world-wide age the Federal Reserve to lower U.S. lieves—and I am not saying Senator financial markets, and ensure contin- interest rates. . .’’ not to seriously HARKIN does—that we should regularly ued non-inflationary economic growth. consider it. Mr. President, in summary, while I on the floor of the Senate be critiquing The PRESIDING OFFICER. The Sen- personally believe that the economic the Federal Reserve Board and then ator’s time has expired. case for lower interest rates is strong, telling them what they ought to do. I Mr. HARKIN. Mr. President, I ask I do not believe it is the proper role of don’t think anybody thinks that. But I unanimous consent for 1 more minute. the Congress to dictate that the Fed think we are falling right into that implement a specific monetary policy trap here. Mr. DOMENICI. Mr. President, it is action through formal legislative ac- I have suggested—and I give it again not that I am worried about argu- tion. to the sponsor—why don’t we do what ments, but we have been changing to Mrs. FEINSTEIN. Mr. President, I we ought to do and say the Federal accommodate. But I will not oppose will vote to table this amendment to S. Open Market Committee should seri- the Senator having 1 more minute. 1301, the Bankruptcy Reform bill, ously consider reducing the Federal Mr. HARKIN. I thank the Senator. which expresses the sense of the Con- funds rate? That way, we would be The PRESIDING OFFICER. The Sen- gress ‘‘that the Federal Reserve Open chiming in by whatever vote occurs ator is recognized for another minute. Market Committee should promptly re- with many people who think that, but Mr. HARKIN. This says, ‘‘The Presi- duce the Federal Funds rate.’’ My vote we would not take this time in eco- dent and Congress should encourage to table this amendment should not be nomic history to say that we are opt- the Federal Reserve to lower interest construed as opposition to lower inter- ing to say that the U.S. Senate says rates.’’ It didn’t say we should have est rates. Rather, I do not believe it is you should do it promptly. That is my them consider it. That time has passed. the duty of this body, nor do I believe argument. The Senate can do what it I might have agreed with the Senator that it is appropriate for this body, to would like. I believe we ought not from New Mexico a year ago, that they tell the Federal Reserve Open Market adopt it. If we want to state our case in should consider it. Now the time is Committee what to do. this regard, we ought to state it an- critical. If the Federal Open Market Mr. HARKIN. How much time re- other way, so that we are just joining Committee doesn’t act next week, they mains? in with comments and observations, don’t meet again until November. That The PRESIDING OFFICER. The Sen- but not drawing a conclusion that says is why it is so crucial that we, as pol- ator has 50 seconds remaining. if we were doing it, we would change it icymakers, send a strong signal, not Mr. HARKIN. I reserve my 50 sec- right now and we urge that you do that that they should consider reducing in- onds. and do it promptly. terest rates, but they ought to do it. Mr. DOMENICI. Mr. President, the That is essentially the issue. We ought to back up what we know is question before the U.S. Senate is not Mr. President, we are in the most right, back up what the Business whether the Federal Reserve Board complicated quasi-world recession that Roundtable and almost every econo- should reduce interest rates; it is we have been in perhaps in modern mist is saying that we have to do. Is whether or not the U.S. Senate should times because capitalism is faltering that interfering with the Fed? Not at say that the Federal Open Market around the world—not because cap- all. But it is telling them what we, as

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10754 CONGRESSIONAL RECORD — SENATE September 23, 1998 policymakers, believe and feel they The assistant legislative clerk pro- The PRESIDING OFFICER. Is there should do at their next meeting, and ceeded to call the roll. objection? that is to promptly reduce interest Mr. NICKLES. I announce that the Mr. HARKIN. I object. rates. Senator from Virginia (Mr. WARNER) is The PRESIDING OFFICER. Objec- I thank the Senator from New Mex- necessarily absent. tion is heard. ico. Mr. FORD. I announce that the Sen- Mr. DOMENICI. Mr. President, I say Mr. DOMENICI. Mr. President, I have ator from Ohio (Mr. GLENN) is nec- to Senators, I will speak to the leader been here a long time and I voted on essarily absent. and maybe we can offer it somewhere that resolution that the Senator is The PRESIDING OFFICER. Are there else. We cannot offer it on this bill. I talking about. I didn’t think I ever any other Senators in the Chamber regret we cannot vote on it. I yield the voted on a resolution that told the who desire to vote? floor. Federal Reserve Board what to do in The result was announced—yeas 71, Mr. HARKIN addressed the Chair. precise terms like, ‘‘Lower the interest nays 27, as follows: The PRESIDING OFFICER. The Sen- rates.’’ The resolution that we adopted [Rollcall Vote No. 283 Leg.] ator from Iowa. Will the Senator sus- overwhelmingly was much more in the YEAS—71 pend? May we have order in the Cham- tone and tenor and words of what I rec- ber, please? All conversations in the Abraham Faircloth McCain ommended. It says: ‘‘They should con- Allard Feinstein McConnell aisle should be moved to the cloak- tinue to take such actions as are nec- Ashcroft Frist Moseley-Braun rooms. essary to achieve and maintain inter- Bennett Graham Moynihan The Senator from Iowa. est rates low enough to generate sig- Biden Gramm Murkowski Mr. HARKIN. Mr. President, usually Bingaman Grams nificant economic growth.’’ Murray when votes are cast, I don’t like to re- Bond Grassley Nickles Frankly, that is precisely what we Breaux Gregg Robb visit them. People have their reasons; ought to be doing. We ought to be say- Brownback Hagel Roberts we vote and we move on around here. Burns Hatch Rockefeller ing take whatever action is necessary; Byrd Helms But I heard so much in the well from Roth we should not say to them that we are Campbell Hutchinson people voting on this last sense-of-the- Santorum Chafee Hutchison saying, as a matter of policy, you Sessions Senate resolution that I felt I should should lower the interest rates. We Coats Inhofe take a little bit of time to perhaps Cochran Jeffords Shelby ought not do that to the Federal Re- Collins Kempthorne Smith (NH) clarify a couple of things and to make serve. It will not do anything but dis- Coverdell Kerry Smith (OR) an additional point. credit them over the long run and add Craig Kohl Snowe First of all, this was a sense-of-the- Specter D’Amato Kyl Congress amendment. It was non- instability where stability is needed. DeWine Landrieu Stevens Mr. HARKIN. Maybe we could reach Dodd Leahy Thomas binding. Someone said, ‘‘We shouldn’t an agreement on language here. Domenici Lott Thompson be legislating what the Federal Reserve Mr. DOMENICI. I gave the Senator Durbin Lugar Thurmond should do.’’ With that I wholeheartedly the language. I believe I am entitled to Enzi Mack Wyden agree. We were not legislating a law to make a motion to table. NAYS—27 tell the Federal Reserve what to do, The PRESIDING OFFICER. Under Akaka Feingold Lautenberg No. 1. That is my first point. This was the previous order, the Senator is rec- Baucus Ford Levin a nonbinding sense of the Congress—we ognized to move to table the amend- Boxer Gorton Lieberman Bryan Harkin Mikulski adopt those all the time around here— ment. Bumpers Hollings Reed basically to say, ‘‘Here is what I, a pol- Mr. DOMENICI. I would like to do Cleland Inouye Reid icymaker, think should be done.’’ this, because there is a desire to talk Conrad Johnson Sarbanes Secondly, this is not without prece- for a minute. Without losing my right Daschle Kennedy Torricelli Dorgan Kerrey Wellstone dent. This body has in the past voted to move to table this when we come on sense-of-the Congress amendments out of a quorum call, I ask unanimous NOT VOTING—2 and resolutions that have told the Fed consent that we can have a quorum Glenn Warner what we believe they should do. call and that I may reserve the right to The motion to lay on the table the Third, I heard it said that we should move to table. Is that language precise amendment (No. 3616) was agreed to. not be politicizing the Fed. With that I enough? Mr. DOMENICI. Mr. President, I wholeheartedly agree. But article I, The PRESIDING OFFICER. Yes. move to reconsider the vote by which section 8 of the Constitution gives the Without objection, it is so ordered. the motion was agreed to. power to coin money and regulate the Mr. DOMENICI. Mr. President, I sug- Mr. GRASSLEY. I move to lay that value thereof to the Congress of the gest the absence of a quorum. motion on the table. United States. It did not give it to the The PRESIDING OFFICER. The The motion to lay on the table was Federal Reserve System. clerk will call the roll. The Congress, in its wisdom, in the The assistant legislative clerk pro- agreed to. past set up the Federal Reserve System ceeded to call the roll. Mr. DOMENICI addressed the Chair. Mr. DOMENICI. Mr. President, I ask The PRESIDING OFFICER. The Sen- to do that. We delegated our powers to unanimous consent that the order for ator from New Mexico. Will the Sen- the Fed to do that. Over the inter- the quorum call be rescinded. ator from New Mexico withhold? May vening years, we have amended the The PRESIDING OFFICER (Mr. we have order in the Chamber, please? Federal Reserve Act. It is not carved in BURNS). Without objection, it is so or- All conversations should be moved to stone. It has been amended and dered. the cloakrooms. The Senator from New changed several times since 1913. But Mr. DOMENICI. Mr. President, pursu- Mexico deserves to be heard. the Federal Reserve System remains a ant to the order, I have a right to move The Senator from New Mexico. creature of Congress. It exists only by to table at this point. Mr. DOMENICI. Mr. President, a the laws passed by the Congress. It is I move to table the amendment, and number of Senators who voted on the not a separate branch of Government. ask for the yeas and nays. motion to table which I proposed indi- It is not some kind of supreme being, The PRESIDING OFFICER. Is there a cated that they would like to see an ex- some kind of item of sanctity that we sufficient second? pression regarding the interest rates, can never touch. I believe it is not only There is a sufficient second. but not a mandate. I ask unanimous our right but our responsibility as pol- The yeas and nays were ordered. consent—I am not sure I will get it icymakers at certain times, if we feel a The PRESIDING OFFICER. The —but I ask unanimous consent that it certain way, to be able to tell the Fed- question is on agreeing to the motion be in order that I offer a similar resolu- eral Reserve System what we believe of the Senator from New Mexico to lay tion, but the resolve clause would they should do. on the table the amendment of the state: So on this past vote I have no quarrel Senator from Iowa. On this question, It is the sense of the Congress that the with anyone who believes the Federal the yeas and nays have been ordered, Federal Open Market Committee should con- Reserve should not lower interest and the clerk will call the roll. sider reducing the Federal funds rate. rates. I may debate that point with

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10755 them, because I believe they should like every other Government entity in The GAO—not us—the GAO says that lower interest rates. That is a good de- this country. But no. In fact, we asked ought to be returned. But it will not bating point. But if someone voted on for a General Accounting Office study be, I assume because this Senate—Con- this and said no, the Federal Reserve to find out a little bit about the inner gress says, ‘‘Gee, we don’t want to should not lower interest rates, that I workings of the Federal Reserve Sys- touch that house on the Hill that’s got believe is a valid position that someone tem, and we found, among other those big gates around it, the big fence. might hold, of which I disagree. things, they have what we refer to as a And it’s an American dinosaur. We Mr. REID. Would the Senator from ‘‘slush fund,’’ what they refer to as a can’t crawl in there and see what’s Iowa yield for a question? ‘‘rainy day fund’’ that they have kept going on.’’ But the GAO did a 2-year Mr. HARKIN. Let me finish this, and there for 80 years, or thereabouts, 70- study. I would commend my colleagues I will. some-odd years. It is billions of dollars to take a look at what they found in But to say we cannot vote to tell the that they just keep there. that study. Fed what to do because it would be po- That money, we believe, should be There is plenty wrong down there. liticizing it or we cannot interfere I be- taken out of the Federal Reserve Sys- There is not good accounting. There is lieve somehow is an abdication of our tem and applied toward the deficit to not good contracting. There is a rainy responsibilities, not only our rights but take down the debt that we owe. But day fund of billions of dollars. So there our responsibilities as policymakers to no, they keep hanging on to that is plenty of work to do with the Fed. tell a creature of the Congress what we money year after year. I ask the Senator from Iowa, isn’t it believe they should do. We do not do it I appreciate, very much, this amend- the case that all we were doing today very often in terms of the Fed. In fact, ment having been offered by the Sen- was to say, ‘‘Gee, we think it’s time for I pointed out the last time we had a ator from Iowa, because, if nothing you to reduce interest rates the next Sense of the Congress calling on the else, it allows me the opportunity to time you meet, given all the evidence Fed to lower interest rates was in 1982. ask the Senator from Iowa a question: that exists’’? So this is not something we take light- Shouldn’t we audit the Federal Reserve Several Senators addressed the ly. System? The American public thinks Chair. But I believe at this point in time, so, but here the message is without re- Mr. HARKIN. I yield to my friend with the world economy being what it sponse. We cannot get people to sup- from Nevada. is, with the tremendous drop in com- port us on that. Mr. REID. I say to my friend from modities and commodity prices here Mr. HARKIN. This Senator was not Iowa, I do not think the Senator from and around the world, with the specter aware of that. Iowa realizes, in the GAO report we Is the Senator telling me that the of depression and deflation facing us— also found that the governors of the Federal Reserve, which I have just almost every economist, conservative, Federal Reserve System, some of them stated is a creature of Congress, and liberal, head of the Business Round- fly first class, some of them fly what- exists by law, that the General Ac- ever class they want. We found the table, head of General Motors, head of counting Office, our accountant, can- most interesting things there, how the National Association of Manufac- not audit the Federal Reserve? turers, all say the Fed should lower in- Mr. REID. Cannot, does not, and will they have no rules or guidance, how terest rates. not. they travel, how their expenses are de- I offered this amendment, along with Mr. HARKIN. I would respond to the termined. others, in good faith, to back them up Senator by again asking the Senator a I recommend to my friend from Iowa, to say, yes, you should lower interest question. Have we ever tried to pass and everyone within the sound of our rates. And that is what this was meant something here to have an audit done voices, that we need to take a better to do, to send that sense of the Con- for the Federal Reserve? look at the Federal Reserve System. I gress that that is what we believe they Mr. REID. Yes. commend and applaud the Senator should do. Obviously, we did not pre- Mr. DORGAN. I wonder if the Sen- from Iowa for bringing this amendment vail. So I can only assume that most ator would yield for a question. here today because it gives us a chance people do not believe they should lower Mr. HARKIN. I yield to the Senator to focus, as you have said, on a crea- interest rates. from North Dakota for a question. ture we created. Congress created this. I would be delighted to yield to my Mr. DORGAN. The Senator from Ne- And we have statements here: ‘‘Hey, we friend from Nevada for a question. vada talked about this audit that was can’t suggest to the Federal Reserve Mr. REID. Does the Senator from done of the Fed by the GAO. What the System because it might hurt us inter- Iowa realize that Senator DORGAN and audit showed was a $3.7 billion fund ac- nationally.’’ Congress created the Fed- I have offered legislation on several oc- cumulated at the Federal Reserve eral Reserve System. Can’t we do a lit- casions to have the Federal Reserve Board—$3.7 billion. And they pointed tle bit about it, for example, to see how System audited on a yearly basis? Is out that the Fed has not had a loss for they spend their money? The answer to the Senator aware we have done that? nearly 80 years—will never have a loss. this point is no. Mr. HARKIN. This Senator is not You can’t lose money when you create Mr. HARKIN. I hope that the Sen- aware of that specific legislation, no. money. So there was no reason to have ator, then, would try again to bring up Mr. REID. Would the Senator ac- a rainy day fund or some sort of provi- some legislation to provide for an audit knowledge that the Federal Reserve sional fund of $3.7 billion. And the GAO of the Federal Reserve. I honestly can- Board—it would be a good idea to see recommended that it be returned to not believe we are not doing that. I ap- how they spend their money? the Treasury. It belongs to the Amer- preciate the Senator for his enlighten- Mr. HARKIN. We don’t know that? ican people. ment on that issue. Mr. REID. The Federal Reserve Sys- Not only has it not been returned, I yield to the Senator from Utah for tem is not audited. the $3.7 billion has now been increased a question. Mr. HARKIN. No. I ask the Senator— to $5.2 billion. So you have to say to Mr. BENNETT. I cannot let this ex- I am not being facetious. Is the Sen- somebody, if you think there is reason change go without giving a word or two ator from Nevada telling me that the to get some of these resources to do of explanation. The Federal Reserve General Accounting Office, the GAO, something with it—pay down the Fed- Board, as the Senator from Iowa has does not audit—— eral debt or to do some of the other accurately stated, was created by the Mr. REID. Absolutely not. issues—there is $5.2 billion down at the Congress, and presents to the Congress Mr. HARKIN. Can the Senator tell Fed that they have for a rainy day an audited statement of its financials me why the GAO does not audit the fund, and they never have rain down every year. It is addressed to the Federal Reserve? there. They create money. They make Speaker of the House. Mr. REID. The Senator from North their own money. And they have never It is true that it was not done by the Dakota and I have been wondering for had an annual loss, and will never have General Accounting Office, but they a couple of years. We have offered leg- a loss; and yet they have squirreled are audited by a legitimate outside islation time and time again to have away $5.2 billion of resources. And we auditor, and their activities, down to the Federal Reserve System audited, have raised this issue. the penny, are reported to the Speaker

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10756 CONGRESSIONAL RECORD — SENATE September 23, 1998 of the House in a written document gathered. I know it was not intended Federal Reserve should vote this way every year. I will be happy to supply it for the Senator from Nevada to grant or that. That is politicizing. That is to any Member of this body that may that misimpression, but some might what this Senator would even vote wish it. have the misimpression that the Fed- against. Mr. HARKIN. I thank the Senator for eral Reserve Board does not respond to But for the Senate to say to the Fed- this enlightenment. the Congress that created it in an or- eral Reserve, a creature of the Con- I am responding to what the Senator derly fashion. gress, we have looked at the landscape, from Nevada said, that they were not Mr. HARKIN. If I might say to my we see what is happening in our econ- audited. friend from Utah and Nevada, is it pro- omy, we see what is happening world- Mr. BENNETT. The Senator from Ne- scribed by law that the GAO cannot wide, we don’t like what we see. We be- vada is correct; they are not audited audit the Federal Reserve? Is that pro- lieve that the time has come to lower regularly by the General Accounting scribed or is it just that they don’t do interest rates. We believe something Office, but it is audited. A copy of the it until we tell them to do it? should be done. audited and exact financial activities Mr. REID. I say to my friend from Now, again, I see nothing wrong with of the Federal Reserve Board are sub- Iowa, I can’t answer that question. I this debate. I think that is part not mitted in writing to the Speaker of the just know they don’t do it. They have only of our rights, but our responsi- House every year. never done it. bility. I have constituents who are con- When we asked for the review by the I want to take a couple more minutes stantly saying to me that the Federal General Accounting Office of the Fed- to say why I believe so deeply and so Reserve Board is owned by a group of eral Reserve System, they fought us strongly that we should be saying to Swiss bankers or foreign interests every step of the way. It took 2 years the Fed that they should lower interest somewhere and that it has never been to get information that should have rates. Sometimes you would think this audited. I always send them a copy of been obtained in a matter of a couple is a liberal proposition. I don’t define it the audited report of the Federal Re- of months. in terms of left, right, liberal, conserv- serve Board that is submitted to the Mr. HARKIN. I ask the Senator from ative. I really don’t define it in that Speaker so that they can know that Utah if they do this audit that the Sen- way. I define it in terms of whether or this creation of the Congress does not ator says is done what would be wrong not we believe interest rates should be go unexamined by an appropriate au- with having the GAO do their own sep- lower or whether we think they diting firm. arate audit? What is wrong with that? shouldn’t be lower; whether we think It is true to say that it is not audited Mr. BENNETT. I don’t know, either, the economy is going into a recession, regularly by the General Accounting I say to the Senator from Iowa. I have or whether we think the economy may Office. I think that is the point the not looked into that. be verging on inflation. If you think Senator from Nevada was making. Frankly, I have examined the annual the economy is experiencing an accel- However, I think we should not let peo- report that the Fed submits to the eration of inflation, you would not ple be under the assumption that the Congress, addressed, as I say, to the want to cut interest rates; if you think Federal Reserve Board goes without Speaker of the House every year. They the economy is verging on recession, anybody paying any attention to how do it in accordance with law. They re- you would want to lower interest rates. they handle their money. spond to the law that created them in Mr. HARKIN. Without losing my that fashion. At least to my satisfac- That is where I believe we are. Don’t right to the floor, I yield for a further tion, after examining that document, I take my word for it. I will point out answer from the Senator from Nevada. haven’t felt the need for any additional what the Business Roundtable said on Mr. REID. I say to my friend from information. September 16, last week: Utah through the Senator from Iowa As to whether there is a legal pro- The President and Congress should encour- that I think this is something that scription against GAO, I have no age the Federal Reserve to lower U.S. inter- really deserves a debate. I hope that knowledge one way or the other. est rates. In addition, the President, Con- when our bill is offered on a subsequent Mr. HARKIN. I thank the Senator gress and the Federal Reserve should work with our international trading partners to occasion that the Banking Committee from Utah. stimulate their domestic economies. will at least give us a hearing on this. Again, this raises another issue that . . .. should encourage the Federal Reserve I say to my friend from Utah, yes, was not in the sense-of-the-Congress to lower U.S. interest rates. there is a document that they call an amendment that I sent to the desk on It doesn’t say we should ask the Fed audit, but it is a self-audit. You cannot which we just expressed ourselves. to ‘‘consider.’’ It doesn’t say that. It audit yourself. That is, in effect, what I wanted to get back to the point, says they should ‘‘lower’’ the rates, not has happened. We think there should be again, that it is a creature of Congress. ‘‘consider.’’ oversight by the Congress of the United I am somewhat disturbed, not so much States which created the Federal Re- by the outcome of the vote. I have lost There is talk that the Senator from serve System. They shouldn’t be able votes around this place before. That is New Mexico wants an amendment to to hire whoever they want to look at not the point. But the issue is the kind say that we would just consider, that their books. They may do a great job, of talk that I heard among Senators we should tell the Fed they should con- but from a perception standpoint it after voting on this that, (a) we sider lowering interest rates. I don’t doesn’t look great. shouldn’t politicize the Fed; (b) we believe that language is strong enough. When the General Accounting Office shouldn’t tell the Fed what to do; (c) Again, it is as if for some reason we al- tried to get the information requested the Fed is a separate entity and we most have to ask the Fed for their per- by the Senator from Nevada and the shouldn’t have anything to do with mission to tell them what we think Senator from North Dakota, it was ex- them. they should do. tremely difficult to get. The Federal I just don’t understand where this Mr. WELLSTONE. Will the Senator Reserve System is an island to itself. comes from. I don’t understand why yield? They don’t like to be messed with, this is the perception of so many peo- Mr. HARKIN. I yield for a question to bothered, or give information. ple. I don’t know why the Federal Re- my friend from Minnesota. Mr. HARKIN. If I might yield further serve System has become so sacrosanct Mr. WELLSTONE. Mr. President, for without losing my right to the floor, I that we simply cannot deal with it. It some reason I don’t understand, as yield to the Senator. is like the ‘‘Holy of Holies.’’ well, why Senators are unwilling to Mr. BENNETT. Mr. President, I am I find it strange that, as policy- speak to this issue and provide our happy to have a debate about this with makers, we can’t stand up and tell the judgment about what should be done. the Senator from Nevada or anyone Fed what we think they should do. We don’t talk about monetary policy else. I think it is a legitimate issue to That is not politicizing it. To politicize much. be aired, but I did not want to let the it would be for us to pass a law man- The Business Roundtable says, ‘‘The opportunity go by with the dating that interest rates be at a cer- President and Congress should encour- misimpression that some might have tain level, or a law mandating that the age the Federal Reserve to lower U.S.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10757 interest rates.’’ The Business Round- monetary policy,’’ and they started other countries will try and export table doesn’t fit into the label ‘‘lib- raising interest rates. Inflation never their way out of crisis? That they will eral,’’ although I think that label is ir- went up. Then unemployment went dump a lot of products on our market relevant. Why has the Business Round- down. And, they said, ‘‘Well, we and end up competing with workers in table taken that position? What is it changed our minds. The natural rate of our country? about real interest rates that is so im- unemployment is actually 5.5 percent.’’ Aren’t you really saying that, in the portant to the people you represent in Well, then unemployment went below absence of something being done Iowa and the people I represent in Min- 5.5 percent. Now we are at 4.5 percent through monetary policy, we are not nesota? Can we talk for a moment unemployment, and still no inflation. going to be able to get enough demand about that? Yet, the Federal Reserve has continued going in these countries? That we are Mr. HARKIN. Sure. I thank the Sen- to keep a tight money, high interest not going to have enough economic ator. That is really the point. I have a rate policy in effect, because they were stimulus? That people are not going to chart to show that the real Federal afraid; they felt that because of this have money to buy products, which funds rate is at its highest level in nine economic theory, inflation was going would help create jobs? And that the years. What does that mean? What that to take off. major problem is not going to be what means is that real rates of interest are What happened is, because of that you were talking about—inflation, at a very high point. For example, even high interest rate policy, our farmers which the Fed seems to be excessively Chairman Greenspan said earlier this are squeezed, our consumers are focused on—but deflation? Am I not year that real interest rates are at a squeezed, homeowners have to pay correct that that is part of what is historically high level, compared to all more monthly interest on mortgages going on? the years from World War II until now. on their homes, small businesses pay Mr. HARKIN. Absolutely. What does that mean? Well, that more money when they borrow to ex- Mr. WELLSTONE. Bill Greider, who means that the farmers in America pand, or they just don’t do it. A larger wrote, ‘‘One World: Ready or Not,’’ has whose commodity prices are going business, whether it is General Motors been talking about this for some time. down all the time, our livestock pro- or Ford, would have to pay higher in- In part, you are talking about the ef- fects of monetary policy within our ducers and our farmers have to pay ex- terest rates. The economy starts to country. But you are also talking orbitantly high interest rates—real in- slow down. That is exactly what hap- about our taking the lead in trying to terest rates—when they are already pened. squeezed with low prices. It means that I submit further to my friend from fashion a coordinated response at an our business sector, small businesses, Minnesota that because of their poli- international level to deal with what and others who are creating jobs, who cies over the last couple years, because has happened. We have a depression in part of the international economy. need to borrow money for expansion or they would not move, it has helped Mr. HARKIN. The Senator is right. I even for job training or retraining, find generate the kind of economic collapse wish the Fed would pay more attention that they are squeezed because of high we have seen in other parts of the to Bill Greider’s writings. Monetary interest rates. So they don’t do it. So world. The high interest rate policy at policy has to work for all of our people, what happens then is our economy the Fed is a contributing factor to the not just a few. It has to be cognizant of starts to slow down. continual decline of the Asian econ- what is happening to ordinary people I will point out that in the first quar- omy. in this country. ter of this year, our growth was 5.5 per- Mr. WELLSTONE. If the Senator will As the Senator spoke about what is cent; it was 1.6 percent in the last yield, I will not take much more time. happening internationally, I was look- quarter. Many economic signs point to I have two quick questions, I say to my ing through the papers. The Wall a possible recession, possibly a down- colleague from Florida, because I know Street Journal pointed this out in an ward spiral in prices. Then we see what he is waiting. I will ask the question to editorial on August 31, calling for the is happening in foreign economies and the Senator from Iowa who gives the Fed to lower interest rates. They said, in foreign currencies. Because of our lengthy answers. I think it is just in- ‘‘Since last year, currencies in emerg- high interest rates, we find that their credible, I say to my colleague from ing markets, from Thailand to Russia, economies are going down and they, in Iowa, it is just incredible how this have been collapsing like popped bub- turn, can’t buy any of our products be- whole issue of real interest rates and ble wrap.’’ This is a significant threat cause of the excessively strong dollar monetary policy—which has such a to us and people in those countries. that we have. So when you add it all critical impact on small business, on Our dollar is much too strong right up, because of the insistence of the Fed farmers, and on industry and housing now. Because of that, they can’t get to keep a tight money policy, high in- —is taken off the table. We are even the kinds of foodstuffs and things they terest rate policy, they have moved us unwilling to give our best judgment as need for their own people. to the brink of recession. to what the Federal Reserve ought to (Ms. COLLINS assumed the Chair.) In further responding to the Sen- do. It is amazing to me. If we want to help the Japanese econ- ator’s question, from 1994 to 1995 the Let me ask you this question: Would omy and the Asian economy, what we Federal Reserve raised interest rates you agree—— should do is lower interest rates. Many by 100 percent, from three percent to Mr. HARKIN. I will keep it short. economists have noted that the value six percent. They raised interest rates Mr. WELLSTONE. I want to hear the of currencies in several countries will because they were beholden—most of Senator’s answer, because this is a not only reduce the rate of inflation them, or at least the voting majority— critical issue. Would you agree that but also sharply increase our trade def- to an economic theory called NAIRU, our taking the lead in lowering short- icit, eliminating many jobs and slow- Non-Accelerating Inflation Rate of Un- term interest rates also would be crit- ing growth in the process. employment. That is a fancy term. ical to what the Germans might do, Again, if we don’t address this be- What some economists have believed in what the other G–7 countries might do? cause of their slowdown, because they the past is if unemployment fell to a Shouldn’t this be put in the context of are not buying our products, we are certain level, inflation would take off a coordinated response at an inter- going to lose jobs in this country. We and it would spiral upward and accel- national level, dealing with this con- are going to have a drastic slowdown. erate—it would not just rise, it would traction of the international economy, The fear I have, I say to my friend accelerate, if unemployment got to a dealing with this problem of deflation? from Minnesota, is that we may have certain level. Maybe you could spell out a little bit waited too long. The Fed was so frozen Well, a couple years ago, economists what you mean. by this outdated, outmoded economic said they thought that rate was 6 per- In other words, the Senator talked concept called NAIRU that they cent. They thought that if unemploy- about the effects of high real interests couldn’t see what was really happening ment went below 6 percent, we would rates within our country, but could we because they only focused on the rate be in deep trouble. Then unemploy- not also say another part of the argu- of unemployment, and that caused ment went below 6 percent and the Fed ment is the effect on exchange rates? them to be blind to everything else said, ‘‘Oh, my gosh, we have to tighten That a strong dollar ultimately means that was going on.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10758 CONGRESSIONAL RECORD — SENATE September 23, 1998 Mr. WELLSTONE. I ask my col- than anything that we ever vote on Again, what we are seeing happen in league, this concept that he is talking around here in terms of budget mat- our country happened in the 1920s. about—NAIRU—is the idea that if you ters. Fewer and fewer people are making reduce employment too much, you I thank the Senator for his inquiries more and more money. More and more automatically set off an inflationary and enlightenment on this issue. He people are making less and less and spiral? has been a long-time fighter for the av- having less of a stake in our economy. Mr. HARKIN. Inflation would not erage working families and making It is true. It is happening in the agri- only start but accelerate. sure that working people get a fair culture sector, too. Mr. WELLSTONE. My last question, deal. I know the Senator from Min- Neil Harroly, the distinguished agri- I say to my colleague—and I look for- nesota understands that if you have cultural economist at Iowa State, said ward to coming to the floor and having lower interest rates, that helps work- what we are seeing in agriculture is a further discussion about this. I hope ing families. It helps families. not like the 1980s, it is like the 1920s. I we are wrong. But I think this discus- The Senator from Minnesota also think that is also what we are seeing sion of political economy, both in knows, as most of us know, that in the happening in our country, too. So that terms of what is happening to the glob- last couple of years, with this tight is why I make the strong case that we al economy and also what is happening money policy, this high interest rate have an obligation. in our own economy, is going to be- policy at the Federal Reserve, some I see my friend from Florida is ready come a very, very critical issue. We are people have said, ‘‘Well, gee, whatever to speak. I am going to wrap up very seeing it already in agriculture. But they have done has been good. Our shortly, but I just want to make a cou- this is just the beginning. economy is great. Whatever the Fed ple of points. But this is my last question. Is it not has done is good. Look at what is hap- The Federal Open Market Committee also true that, when they talk about pening in our economy. Look what is may or may not be in a mode to lower the alleged danger of unemployment happening in our economy. Unemploy- interest rates. I quote the September 18 continuing to go down, that this would ment is down.’’ issue of the Christian Science Monitor, That is true. But if unemployment is also bring up the bargaining power of which noted that some Fed policy- so low, I ask you, why is it that when wage earners? It wouldn’t be just a makers ‘‘remain in a hawkish anti-in- I went to Sioux City last Friday and matter of unemployment going down. flation mode rather than worrying visited the food bank, or earlier on This would also mean that people in a about the impact of deflation.’’ when I visited the food bank in Des These include William Poole, presi- tight labor market would see their Moines, I was told by the directors of dent of the St. Louis Regional Fed; Fed wages go up and would have a better those two food banks that their de- Governor Edward Gramlich; and an an- chance of working at living-wage jobs? mand for commodity foods—that the alyst, Jerry Gordon, president of the I think the Federal Reserve Board USDA commodities plus the food they Cleveland Fed. tends to be more responsive to bond get contributed from businesses, I don’t say that. I am just quoting holders, financial people, and the credi- churches, and schools—is skyrocketing from the Christian Science Monitor. tors, and they want to keep interest higher than ever? Madam President, I ask unanimous rates up. I did some checking. It is not only in consent that the article be printed in Isn’t it also true that having real in- Iowa, but in almost every State, the the RECORD. terest rates so high is one of the rea- demand for food at our food banks has There being no objection, the mate- sons we have a maldistribution of gone up in the last year or so. Why? If rial was ordered to be printed in the wealth and income today in this coun- everyone is working, unemployment is RECORD, as follows: try? We have this paradox of some peo- so low, and the Fed has done such a [From Christian Science Monitor, September ple being able to purchase all the goods great job, it is because, as I have been 18, 1998] that make life richer in possibility. told and as I have found out, many of NEW SIGNS OF WEAKNESS IN U.S. ECONOMIC But then we also have so many fami- these people are working—usually sin- ‘FORTRESS’ FORECAST FOR SLOWDOWN lies—maybe the majority of families in gle parents, usually single mothers (By David R. Francis) our country—who cannot. Maybe this with one or more children. They go to Concern is growing in the top echelons of is one of these hidden issues that we work every day. They work every day. Wall Street and Washington that cheap ex- don’t talk about, with everything They make a paycheck. They qualify ports from overseas—everything from shov- swirling around in Washington, that so for food stamps. They get food stamps. els to chopsticks—may drive down the Amer- many families are still struggling to And then the food stamps run out be- ican economy. The ‘‘R’’ word—recession—is make ends meet and do well by their now being heard more often. fore the end of the month. The only As troubles persist in East Asia, Russia, kids. place they have to go is to the food and Latin America, US companies are find- What would be the harm in moving bank to get free food. ing fewer buyers for their goods overseas toward full employment? What would Don’t take my word for it. Ask your while foreign products are filling US shelves be the harm in making sure that wage staffs. Go out and ask your food banks. and showrooms. The concern was reflected earners make better wages? What In any State, go out and ask those food on Wall Street Thursday, as stock prices would be the harm in having more peo- banks. Find out what is happening. plunged in early trading. ple have access to living-wage jobs? You will find that it is true. The de- It was a ‘‘double whammy,’’ says Joel Prakken, chief economist of Macroeconomic Isn’t the whole question of real inter- mand for food from those food banks Advisers in St. Louis. Investors were dis- est rates one piece of it? has gone up and continues to go up, turbed by new statistics on the American Mr. HARKIN. I say to the Senator and they are concerned about what is economy and by unsettling testimony to from Minnesota that he is absolutely going to happen this winter. Congress by Federal Reserve Chairman Alan correct. What has that to do with the Federal Greenspan and Treasury Secretary Robert Mr. WELLSTONE. I agree. Reserve System? I am just saying, if Rubin Wednesday. Mr. HARKIN. It is bigger by a tre- they have done such a good job in this Though terming the United States econ- mendous magnitude. economy, why are they falling below omy strong, Mr. Greenspan noted, ‘‘There We deal here in budgets in terms of are the first signs of erosion at the edges, es- the safety net? Because the high inter- pecially in manufacturing.’’ billions of dollars. I know it sounds est rate policy has ignored what is hap- A plunge in prices on the Tokyo Stock Ex- like a lot of money. But what the Fed pening to the working families of change to a 12-year low didn’t help. In New does affects the entire $7 trillion econ- America. A lower interest rate policy, York Thursday, the Dow Jones Industrial omy. everyone agrees, might mean that Average dropped more than 200 points in The Senator from Minnesota is abso- wages might go up and that businesses early trading. lutely right, what the Federal Reserve might be able to pay more in wages. I Economists still are forecasting moderate System does has a more profound effect economic growth in the US this year and in don’t see anything drastically wrong 1999. ‘‘The slowdown is a little worse than we on the daily lives of our citizens—how with that. I think it would be a good thought,’’ says David Wyss, chief economist they live, how they are able to take thing for this country if wages went up. of Standard & Poor’s DRI, an economic con- care of their families, what kind of jobs It would give people a little bit more sulting firm in Lexington, Mass. ‘‘And the they have, and what they have paid— buying power. risks of a recession are rising.’’

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10759 Nonetheless, DRI sees growth in the na- serve—‘‘have got to come around. I’m when I took to the floor at that time tional output of goods and services at about not sure what it will take.’’ and started calling on the Fed to do a 2.5 percent annual rate the rest of this I thought one of the things it might that because there were drastic signs year, helped by a rebound from the General take is for the Senate of the United in our economy, that there was little Motors strike. Mr. Wyss predicts 1.5 percent growth next year. States to clearly express itself to the inflation in the economy, that there He would like to see the Federal Reserve members of the Federal Open Market was no reason for them not to reduce cut interest rates. Wall Street would, too. It Committee to lower interest rates now. interest rates at that time to help our wants interest rates lowered by other indus- There are increasing signs of a pos- farmers and our working families out trial nations as well. One reason for the less- sible recession. Thirty-year Treasury there. I just hope it is not too late. I than-happy face of many investors yesterday bond rates have sunk to record lows just hope that the Federal Reserve does was Mr. Greenspan’s testimony that, ‘‘at the and are now below the short-term Fed- not misinterpret this vote. moment, there is no endeavor to coordinate eral funds rate. This is a drastic warn- One of the reasons that I objected to interest-rate cuts’’ among the major powers. ing signal. Wyss hopes for and expects lower U.S. the Senator from New Mexico bringing rates by the end of the year, though not nec- Again, I would point to the chart up this other sense of the Senate that essarily at the Fed’s next gathering Sept. 29. here ‘‘30-year Bonds’’ now lower than would just ask them to consider low- Some of those policymakers remain in a the Federal funds rate. That should ering interest rates is that I personally hawkish anti-inflation mode, rather than scare us all. That should point to what believe it is beneath our dignity and worrying about the impact of falling prices we have to do in terms of lowering our our responsibility and rights as Sen- (deflation). These include William Poole, short-term interest rates. Wholesale president of the St. Louis regional Fed, Fed ators to go hat in hand to the Federal prices slid a steep 0.4 percent in Au- Reserve and sort of beg them to do Governor Edward Gramlich, and, analysts gust. In fact, for the first 8 months of say, Jerry Jordan, president of the Cleveland something when we ought to be able to Fed. ‘‘They have got to come around,’’ says this year producer prices have fallen at stand on our own two feet and tell Wyss. ‘‘I’m not sure what it will take.’’ a 1.4-percent annual rate, compared them what we believe they should do. with a 1.2-percent rise in 1997. Some, though, oppose a Fed rate cut at I yield the floor. this time. They don’t see the economy slow- Again, I have talked about our farm- ing that much. Prakken, for one, expects a 2 ers at great length and about what is Mr. GRAHAM addressed the Chair. percent growth in gross domestic product happening to them and what is hap- The PRESIDING OFFICER (Mr. next year. pening to our commodity prices. SANTORUM). The Senator from Florida. One concern of economists is that the de- I would start to wrap up my com- PRIVILEGE OF THE FLOOR cline in stock prices itself will hurt growth. ments again just by saying that if Wyss figures $2 trillion in paper household Mr. GRAHAM. Mr. President, before someone voted because they don’t want wealth disappeared between the July 17 peak proceeding with my remarks, I ask to lower interest rates, that is fine. in the stock market and the end of August. unanimous consent that Ms. Allison While I think they are wrong, I will be If the downturn lasts, it could trim con- Morgan, of my staff, be granted floor sumer spending by as much as $50 billion. glad to debate that, if we could ever privileges during the remaining consid- The Asian crisis has hit U.S. exports hard, get a debate on this issue in the Sen- eration of the bankruptcy reform bill. too. ‘‘The trade data were terrible,’’ says ate; no one seems to want to debate Wyss. that issue. The PRESIDING OFFICER. Without The U.S. trade deficit widened to $13.9 bil- Do we say somehow we can’t express objection, it is so ordered. lion in July. Currency devaluations and de- pressed economies in Asia resulted in exports ourselves in telling the Federal Open FEDERAL DISTRICT COURT JUDGES hitting a 17-month low. Market Committee that they should Mr. GRAHAM. Mr. President, today I So far this year, the trade deficit in goods lower interest rates—our language said rise to discuss the issue of the congres- and services is running at a record annual promptly reduce interest rates—that sional response, or in this case, the rate of $185 billion, 68 percent higher than somehow we can’t say that because the lack of response to the need for addi- last year’s record deficit of $110 billion. Fed is independent, because the Fed is America’s deficit with Pacific Rim countries tional Federal district court judges. We so sacrosanct that we can’t touch it, are facing an increasing disparity be- hit $87.8 billion in the first seven months—42 that somehow we have to couch it in percent above the imbalance for the period tween the judicial resources available in 1997. weak terms such as the Fed should at many of our Federal district courts ‘‘The trade balance could get a lot worse if only ‘‘consider’’ lowering interest and the workload imposed upon those there is another round of devaluations,’’ rates? Why do we have to beg the Fed- judges. warns C. Fred Bergsten, director of the Insti- eral Open Market Committee to do The question might be asked, ‘‘Why tute of International Economics in Wash- something? Does the Congress of the are you offering this amendment to a ington. United States work for the Federal Re- bankruptcy reform bill?’’ It is inter- The inflation news was not so bad. In Au- serve System? Are they our bosses? Are gust, the Consumer Price Index was up a sea- esting to note that the underlying leg- they the ones who pull the strings and sonally adjusted 0.2 percent, same as in July. islation would create 18 new Federal tell us what we can and cannot do? For the year, inflation is running at a 1.6 bankruptcy judgeships. The basis of percent annual rate, compared with 1.7 per- We seem very reluctant in even ex- pressing our views, because somehow it those 18 new Federal bankruptcy judge- cent for all of last year. ships is that this legislation is created Prakken expresses concern that the ‘‘core’’ would politicize the Fed. We were not inflation rate—a measure that removes vola- politicizing the Fed; that would take in response to additional workloads re- tile energy and food prices—is up 2.5 percent legislation. This was a sense-of-the- quiring that additional number of for the past year. His partial explanation of Congress, a non-binding resolution. judges in order to discharge their re- the stock market decline is that Wall Street I hope that the members of the Fed- sponsibilities. is finally recognizing that corporate shares eral Open Market Committee will I suggest that, similarly, we should have been overpriced, and that earnings will apply the same rationale to our Fed- not rise nearly as much as analysts had an- promptly reduce interest rates six days ticipated. from today. Unfortunately, as the eral district court judges, and that is— He expects a ‘‘virtual stall’’ in earnings. Christian Science Monitor recently re- that as their workload increases, either The reasons: reduced profits from overseas ported, there are members of the Fed because of demographic or economic or operation as well as rising wages at home Open Market Committee who still be- social circumstances, or because we and difficulties in cost cutting. lieve we should worry about an accel- add to their workload by expanding Mr. HARKIN. I thank the President. eration in inflation. I am just hopeful their jurisdiction, it is our commensu- As David Wisk, chief economist of that Mr. Greenspan and others do not rate responsibility to increase the Standard & Poor’s DRI, has com- take this vote as a vote that they number of Federal district judge posi- plained, ‘‘They have got to come should not reduce interest rates. tions. These judge positions are respon- around. I’m not sure what it will A number of Senators said to me, sible for handling some of the most take.’’ ‘‘Well, that’s what they are going to do complex civil and criminal cases in our Let me repeat that. As David Wisk, anyway.’’ Well, I am not so certain. I judiciary. chief economist of Standard & Poor’s hope they will. They should have re- In recognition of that, in March of DRI, said, ‘‘They’’—the Federal Re- duced interest rates two years ago 1997, the Judicial Conference of the

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10760 CONGRESSIONAL RECORD — SENATE September 23, 1998 United States, chaired by the Chief flected in the litigation in the Federal them handle appeals from bankruptcy. Justice of the U.S. Supreme Court, rec- court system, based not only in the de- That is the only thing it really affects ommended the creation of 24 additional mographics but other situations which for Federal district judges, because permanent and 12 additional temporary I am sure the Senator will allude to. So bankruptcy judges are separate. Federal district court positions. The I want to join with the Senator from I would just want to advise the Sen- Judicial Conference also recommended Florida in calling this very important ator from Florida, I share his concern, the establishment of 12 additional issue to the attention of our colleagues but I have been working with Senator judges to the circuit courts of appeals. and the American people. This is not GRASSLEY, who chairs this sub- However, my remarks this afternoon an issue about lawyers or judges per se. committee involving courts and admin- are confined to the needs that exist What we are talking about are the istrative matters. He has been studying with the U.S. district court judges. needs of people who have their issues this. We have been having some hear- Mr. BRYAN. Will the Senator from brought to the Federal court system ings from judges, particularly courts of Florida yield for a question? and who are entitled to have those appeals. But we have not, in depth, Mr. GRAHAM. I will yield to my issues resolved in a prompt manner. analyzed this problem yet. I know Sen- friend and colleague from Nevada. With respect to those who violate Fed- ator GRASSLEY intends to. Mr. BRYAN. I appreciate the cour- eral law, they need to have those mat- I would like to share some things. If tesy of the senior Senator from Flor- ters addressed promptly in the inter- a business had a court like the middle ida. ests of justice for all Americans. I district of Florida that not only has a I note from the chart the Senator has think the proposal the Senator is about heavy caseload—it has complicated, brought to the floor that the State of to unveil and explain in greater detail big drug cases, international cases— Nevada is included. The Judicial Con- is entitled to the support of our col- they would probably look at the D.C. ference has recommended, as I under- leagues. I wish him well and pledge my circuit that has 15 judges and they av- stand, two additional district court support in his efforts. erage 259 cases per judge instead of 855 judges for Nevada. Would it be the Sen- I thank him again for his leadership in Florida and they might decide the ator’s intention to include in the on this issue. taxpayers—or their business—would be amendment that he is about to discuss Mr. GRAHAM. I appreciate those better served if we shifted some from with greater particularity the two ad- very generous comments of the Sen- places that are not so busy to those ditional judges that were recommended ator. As my colleague knows, his State that are more busy. I hope we will be by the Conference for Nevada? is not alone. This map indicates in blue able to analyze that, because a Federal Mr. GRAHAM. Absolutely, I say to those States that have been deter- judgeship, once you approve it, is a my friend. I am not proposing that this mined by the Judicial Conference, lifetime appointment. They get it for Congress insert its greater wisdom for chaired by our chief justice, to require life and it costs $1 million a year for that of the Judicial Conference. I am one or more additional Federal judges each Federal judge. What we need to proposing that we accede to the wis- in order to keep pace with that par- begin to look at is some of those cir- dom of the Judicial Conference and ticular judicial district’s workload. cuits that need to shift some judges to where it, for instance, has rec- The States of Alabama, California, high-work districts. We could do that ommended two additional permanent Florida, New Mexico, North Carolina, over the years. I think Senator GRASS- Federal judgeships in Nevada, that the Texas, Arizona, Colorado, Nevada, New LEY is committed to this. I am on that Congress should sanction them. The York, Oregon and Virginia would all subcommittee so I am concerned about reason for the recommendation of two receive permanent additional judges it. If we do it right, we can improve additional judges in Nevada is that, of under the Judicial Conference’s report. justice with a minimal cost to the tax- the 93 districts, including those in the Mr. BRYAN. I thank the Senator for payer. I think that is what we are 50 States plus the District of Columbia his comments. called to do and I thank the Senator and Puerto Rico, of that number, the Mr. GRAHAM. As an example—I see from Florida for raising the problem. Nevada district ranks eighth in terms we are joined by the Senator from Ala- Mr. GRAHAM. Mr. President, I ap- of caseload. Its caseload of 736 cases per bama. The middle district of his State preciate the comments of the Senator judge is 171 percent of the stated stand- happens to be the seventh busiest dis- from Alabama who, from his long expe- ard that is used by the Judicial Con- trict in the country with a workload rience in a variety of significant legal ference to indicate that new judges are that is 176 percent of the standard positions, is very familiar with the needed. which the Judicial Conference utilizes basic principle of my remarks, which is Mr. BRYAN. I appreciate the states- in assessing whether an additional Fed- the relationship between changing manship my friend has provided and eral district judge is appropriate. workload and demand on judicial re- the information that is made available Mr. SESSIONS. Will the Senator sources. with respect to the situation in Ne- from Florida yield? The Judicial Conference has proposed vada. I might just add to the comments Mr. GRAHAM. I yield to the Senator as a method of balancing that work- of the Senator that, having lived in Ne- from Alabama. load of judicial resources—a formula. vada for more than 57 years and know- Mr. SESSIONS. Mr. President, I do That formula essentially takes the ing each of our four district court respect the concern of the Senator number of cases filed within a par- judges personally, I do not know of a from Florida. As a Federal prosecutor ticular Federal district, weights those harder working bench at either the for almost 15 years in Alabama, which cases based on their complexity, and State or Federal level anywhere in is part of the 11th circuit, of which then divides that number by the num- America. Frankly, it required consider- Florida is a part—the 11th circuit, I ber of judges currently assigned to the able statesmanship of the former chief have come to admire and be extremely district. The standard for each Federal judge in Nevada in electing to take impressed with the workload and work district judge is 430 weighted cases per senior status, which the Senator from ethic of the Florida Federal judges, as year. When the caseload exceeds 430, Florida fully understands, that allowed well as the Alabama Federal judges. that district is entitled to be reviewed a new district court judge to come on Both groups have very high caseloads, for purposes of an additional judge. board. That senior judge, together with higher than the national average. I These judgeships are needed to help the another colleague of his who is a senior think probably the middle district of Federal judiciary, a co-equal branch of judge, maintains an extraordinarily ac- Florida, and maybe the southern dis- our Government, to fulfill its constitu- tive caseload. So that has helped but trict of Florida, are two of the top dis- tional obligations. It should be under- has not eliminated the backlog to tricts in the country in so needing ad- stood that Congress has not granted which the Senator has addressed his ditional judges. The middle district of the Federal judiciary any additional comments. Alabama, as you noted, has one of the Article III judges since 1990. I must say, ‘‘justice delayed is justice very highest caseloads. During the previous three occasions denied.’’ The State of Nevada has the I would share, this bankruptcy bill on which Congress has authorized new fastest growing population in the coun- actually reduces the workload for Fed- Federal judgeships under the standards try over the past decade. That is re- eral district judges a bit by not having of the Judicial Conference, the cycle

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10761 for such authorization has been six this opportunity to eliminate the dis- Florida to 575. No new judges have been years. For instance, in September of parity between resources and workload added since that period, and currently, 1976, the Judicial Conference rec- in the Federal judiciary by an expan- at the time of the preparation of this ommended 106 permanent and 1 tem- sion in the number of judges at the ear- chart, the number was 812 weighted porary Federal district judge. Congress liest possible time. cases per judge in the middle district. I considered that recommendation and, I do not submit my word as being have heard that this figure may have on October 20, 1978, approved 113 per- final in this matter. Let me quote the now grown to 855. manent and 4 temporary judges. That December of 1997 statement by the As a result of this, a significant case was done under a Senate which was in Chief Justice of the United States Su- backlog has developed. Currently, the Democratic control. preme Court and the Chair of the Judi- middle district has 1,200 criminal cases Mr. President, 6 years later, in Sep- cial Conference, The honorable William pending and over 6,000 cases pending on tember of 1982, the Judicial Conference Rehnquist. This is what the Chief Jus- the civil side. recommended 43 permanent, 8 tem- tice had to say about the current sta- In response to this growing backlog porary, and 2 conversions from tem- tus of our Federal judiciary: of civil cases, Florida’s middle district porary to permanent. On July 10, 1984, Fiscal year 1997 saw courts of appeals and chief judge, Elizabeth Kovachevich, a Republican Senate authorized 53 per- bankruptcy filings at the highest rates in was forced this summer to declare a manent, 8 temporary, and 2 temporary history. District courts also were very busy. state of emergency. She closed the to permanent conversions. In addition to a small increase in civil fil- Federal courthouses in Jacksonville In 1990, June, the Judicial Conference ings, there was a five percent increase in and Orlando and reassigned these dis- criminal cases in 1997, producing the largest trict judges to work with the Tampa recommended 47 permanent, 29 tem- federal criminal caseload in sixty years. porary, and various conversions. Then district judges in an aggressive tar- The Chief Justice went on to say: on December 1, 1990, a Democratic Sen- geting and disposing of the oldest pend- ate approved 61 permanent and 13 tem- Many factors have produced this upward ing civil cases. While such innovative spiral, including laws enacted by Congress measures may be effective in the short porary and various conversions. that expand federal jurisdiction over crimes The point of this is that on a bipar- term, Congress will need to find the involving drugs and firearms, Supreme Court long-term solution of providing ade- tisan basis, whether it was a Repub- decisions, large class-action litigation, and lican Senate or a Democratic Senate, changes in executive prosecution policies. quate judicial resources. every 6 years since 1978, the Congress This increase in caseload is not only I think our Chief Justice’s statement a problem for the Florida courts, but has responded to the Judicial Con- is a strong message to the Congress, ference’s recommendation. It is also nationally. This chart, again, illus- Mr. President. trates the number of States which the significant that in each one of those If I can illustrate what is happening Judicial Conference has found addi- cases, the Congress actually approved on a national basis by reference to more judges than the Judicial Con- tional judicial resources are required. what is happening in my home State of The southern district of California is ference had recommended. Florida, I have seen the strain placed 100 percent above acceptable levels of However, the last recommendation on the judiciary due to lack of ade- the Judicial Conference; the district of that was made was in March of 1997, quate judicial resources needed to ful- Arizona, 83 percent above acceptable following recommendations that were fill its constitutional obligations. levels. As our friend and colleague from unheeded in September of 1992 and in Two of Florida’s three districts are Alabama has already spoken, the mid- September of 1994. There were rec- feeling the crushing pressure of this dle district of Alabama is 76 percent ommendations made in March of 1996 strain. These two districts have one of over acceptable levels. The western dis- to convert a temporary judge to a per- the highest caseloads per judge in the trict of North Carolina, 70 percent over manent judge and to convert a tem- Nation. Under the Judicial Conference acceptable levels. porary extended to a permanent status. recommendation, Florida should re- The caseload in all of these districts, But there have been no new judgeships ceive six additional judgeships that in- and all the other districts the Judicial created since December 1, 1990. So we clude two additional judges in the Conference has recommended for addi- are now 2 years past the point which southern district of Florida, three per- tional judgeships, only stand to get has been the standard for the creation manent judges in the middle district of worse until Congress acts and acts with of new Federal judgeships as rec- Florida, and one temporary position in a sense of urgency. ommended by the Judicial Conference. the middle district. The U.S. Federal district courts are Mr. President, I submit that it is In the southern district of Florida, the first line of defense for most of our high time for us to respond to the need the court’s weighted filings stand at citizens involved in the Federal judi- for more U.S. district court judges in 590 per judgeship. This is in contrast to cial system. Most Federal cases are accordance with the Judicial Con- the average used by the Judicial Con- disposed of at the district court level. ference’s recommendation. Today, ference of 430. But by not acting soon, we make it many of our district court judges are In the middle district, the story is harder for thousands of crime victims strained beyond capacity in trying to even worse. This court’s weighted fil- and civil litigants in our district courts meet the increasing caseloads which ing is 809 filings per judgeship, which is to receive the justice which they de- they face. 88 percent above the acceptable levels serve. For example, in 1997, the Federal ju- the Judicial Conference has estab- Mr. President, as I have indicated, I diciary saw increases in both criminal lished, and is the third highest number am prepared to offer my amendment to and civil cases. in the Nation. the bankruptcy bill to authorize addi- The number of cases filed in the dis- Mr. President, if I can make ref- tional Federal judgeships. Before pro- trict courts increased by 24 percent. erence to this chart which indicates ceeding, however, I would like to in- The most significant increases oc- that as recently as 1990, the number of quire as to the plans for consideration curred in drug and immigration cases, weighted cases in the middle district of of this issue by the Judiciary Com- particularly, as this chart will indi- Florida were 509 as against a national mittee next year. cate, in many of our border States average of 448. At that time, the middle I wonder if my distinguished col- which are the front lines for drug and district was overburdened but not in a league from the State of Utah, chair- immigration litigation. crisis situation. man of the Senate Committee on the This growth in Federal caseloads has By 1993, the number had increased to Judiciary, which has oversight on been coupled with a growing trend by 729, while the national average had these matters, could engage me in a the Congress to federalize an increas- dropped to 417. It is significant that discussion regarding this matter. ing number of laws that have tradition- there were additional judges added as a Mr. HATCH. Mr. President, I am ally been considered State responsibil- result of that December 1990 act of pleased to engage in a discussion with ities. These new laws have opened our Congress, but it took a full 3 years be- the distinguished Senator from Florida courts to more cases without the req- fore the effect of those additional on the substance of this matter. uisite judges to meet the demand. For judges had the consequence of reducing Mr. GRAHAM. Mr. President, I thank that reason, it is essential that we take the average in the middle district of the Senator for his time.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10762 CONGRESSIONAL RECORD — SENATE September 23, 1998 I ask the chairman, is it his assess- judgeships and one temporary judge- judges in the district helping with the ment that a number of Federal district ship for the Middle District. This is the caseload? I asked the chief judge this, court jurisdictions face a growing dis- most judgeships recommended for any and all I got were the judges certifi- parity between resources and work- federal district in the nation. cation papers that didn’t say much of load? Statistics kept by the Administra- anything about caseload. It mostly Mr. HATCH. I agree with the view tive Office of the U.S. Courts under- mentioned what conferences they at- that there appears to be a workload score the need for additional judgeships tended. I would ask the proponents to problem facing a number of district in this district. Recent statistics place explain to us how the senior judges and courts in Florida and some other areas. Florida’s Middle District second in the magistrates help in reducing the case- The Senate Judiciary Committee in- nation in weighted case filings per load? Do the proponents realize that tends to act to review the matter and judge, with an average of 855. This is the senior judges in the middle district where necessary provide the additional far above the national average of 519 don’t even take full cases? judicial resources to those jurisdic- weighted case filings per judge. It is ex- Nevertheless, I will continue working tions in need, if warranted and appro- pected that these numbers will con- with my colleagues regarding judgeship priate. tinue to climb, given this area’s explo- needs. I will soon be releasing a sub- Mr. GRAHAM. In my home State of sive population growth. Although fifty- committee report on our efforts to re- Florida, I have seen the strain placed five percent of Florida’s population view the circuit courts. on the Judiciary due to the lack of ju- currently resides in the Middle Dis- The bottom line I’ve been advocating dicial resources needed to fulfill its trict, the district is home to only one- is that if we increase judges, we need to constitutional obligations. third of the state’s federal judges. Ac- also decrease judges where they’re not Will the Senator from Utah agree to cording to projected population growth needed. I know this is a new concept, review the Judicial Conference rec- figures, the Middle District will com- and one that has been met with some ommendations and the need for addi- prise two-thirds of the state’s popu- resistance. But, I intend to continue tional judges early next year? lation by the year 2005. this effort in the next Congress. Mr. HATCH. As I have indicated to The Middle District contains some of AMENDMENT NO. 3617 TO AMENDMENT NO. 3559 my colleague, I will, as the chairman of the world’s most frequently visited cit- Mr. GRASSLEY. Mr. President, I the Judiciary Committee, review this ies, beaches and tourist attractions, in- send to the desk the manager’s amend- matter early next year and work with cluding Disney World in Orlando and ment and ask for its immediate consid- my colleague from Iowa, Senator Busch Gardens in Tampa. The heavy eration. GRASSLEY, in a good-faith effort to con- flow of both tourists and the ‘‘snow- The PRESIDING OFFICER. The sider this issue early next year. bird’’ population serve to make the clerk will report the amendment. Mr. GRAHAM. I thank Senator needs of this judicial district unique. The assistant legislative clerk read HATCH for his support and for his work Adding to this problem, what will be as follows: in this area critical to the State of the nation’s largest federal prison, the The Senator from Iowa [Mr. GRASSLEY] Florida and the Nation. Coleman Prison Complex, is scheduled proposes an amendment numbered 3617 to I also thank the Administrative Of- to be completed in 1999 in the Middle amendment No. 3559. fice of the U.S. Courts for their assist- District. This will place an additional Mr. GRASSLEY. I ask unanimous ance during this process. strain on the already overburdened consent that reading of the amendment I look forward to working with all courts of this district due to increased be dispensed with. my Senate colleagues in considering prisoner petitions. Further compli- The PRESIDING OFFICER. Without this important issue in future. cating the problem, a portion of the objection, it is so ordered. Mr. President, in our colloquy, Sen- Middle District has recently been des- The amendment is as follows: ator HATCH recognizes, as he has done ignated a High Intensity Drug Traf- At the appropriate place, insert the fol- lowing: on many previous occasions, the impor- ficking Area. An increase in drug cases tance of a strong judiciary in order to SEC. . TREASURY DEPARTMENT STUDY RE- will result as criminals are appre- GARDING SECURITY INTERESTS meet our Government’s responsibility hended and prosecuted, placing addi- UNDER AN OPEN END CREDIT PLAN. of equal justice to all of its citizens, tional demands upon this district. (a) Within 180 days of the enactment of and indicates that it is his intention It is not possible to provide Florid- this Act, the Federal Reserve Board in con- that the Judiciary Committee consider ians with a safe environment and ac- sultation with the Treasury Department, the this urgent need for additional judicial cess to justice unless there is a court general credit industry, and consumer groups, shall prepare a study regarding the resources early in the next Congress. system in place which can handle the So I will desist from offering an adequacy of information received by con- demands of this dynamic and growing sumers regarding the creation of security in- amendment at this time on this legis- part of our country. Increased judicial terests under open end credit plans. lation to that effect, and look forward resources are integral in providing (b) FINDINGS.—This study shall include the to working with Senator HATCH and such a court system. Board’s findings regarding: the other members of the Judiciary Mr. GRASSLEY addressed the Chair. (1) whether consumers understand at the time of purchase of property under an open Committee to see that this important The PRESIDING OFFICER (Mr. ROB- responsibility of the Congress is dis- end credit plan that such property may serve ERTS). The distinguished Senator from as collateral under that credit plan; charged as quickly as possible. Iowa is recognized. (2) whether consumers understand at the Thank you, Mr. President. Mr. GRASSLEY. I listened to every- time of purchase the legal consequences of Mr. MACK. Mr. President, I come be- thing that the Senator from Florida disposing of property that is purchased under fore the Senate in support of today’s has said and of course, have had to be an open credit plan and is subject to a secu- colloquy regarding Federal judgeship considering the points of view that he rity interest under that plan; and needs in Florida. Although I was un- makes, as well as a lot of my col- (3) whether creditors holding security in- able to participate in the colloquy be- terests in property purchased under an open leagues, and will be happy to continue end credit plan use such security interests to tween my esteemed colleagues, Sen- working with him. coerce reaffirmations of existing debts under ators HATCH and GRAHAM, I wish to ex- Mr. President, my subcommittee has section 524 of the United States Bankruptcy press my support for their position. It been looking at the need for increased Code. is my hope that the Judiciary Com- or decreased numbers of judges across In formulating these findings, the Board mittee will lend serious consideration the country. shall consider, among other factors it deems to Florida’s unique and acute judgeship I’ve been looking at the middle dis- relevant, prevailing industry practices in needs. trict of Florida for some time, and this area. The pressures currently upon Flor- have corresponded and met with the (c) DISCLOSURE RECOMMENDATIONS.—This ida’s court system, particularly in the study shall also include the Board’s rec- chief judge. ommendations regarding the utility and Middle District, are some of the most At this time, I am still not clear on practicality of additional disclosures by severe in the nation. The Judicial Con- what the needs of the district are or credit card issuers at the time of purchase ference of the United States has rec- how its caseload is being managed. For regarding security interests under open end ommended three permanent district instance, how are the many senior credit plans, including, but not limited to:

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10763 (1) disclosures of the specific property in Mr. DODD. May I add something? amendment that has not been dis- which the creditor will receive a security in- Mr. DURBIN. Certainly. cussed in the last several days. Under terest; Mr. DODD. My concern with the defi- the unanimous-consent agreement, I (2) disclosures of the consequences of non- nition is particularly for children, and am permitted and had planned to offer payment of the card balance, including how is about personal property of little the security interest may be enforced; and a scaled-down version of broadly sup- (3) disclosures of the process by which pay- value to creditors. Would you agree ported and bipartisan patent reform ments made on the card will be credited with that the Federal Trade Commission legislation, which was favorably re- respect to the lien created by the security should promulgate regulations that ported to the Senate by the Judiciary contract and other debts on the card. will allow debtors to keep property Committee more than a year ago. Nev- (d) The Board shall submit this report to that is commonly used by children or ertheless, having spoken with the ma- the Senate Committee on the Judiciary, the commonly used for the upbringing of jority leader, and in the interest of ex- Senate Committee on Banking, Housing, and children? pediting activity on pending Senate Urban Affairs, the House Committee on the Mr. DURBIN. Are you talking about Judiciary, and the House Committee on business, I have agreed to withhold my Banking and Financial Services within the items like bicycles or toys or washing amendment. time allotted by this section. machines? But I want to take a moment to clar- Mr. DODD. Yes. A debtor’s child and Insert at an appropriate place: ify why I believe this amendment is so parent should be allowed to keep these Section 546 of title 11, United States Code, important. In short, the provisions of is amended by inserting at the end thereof— items. Children’s property generally this amendment represent the most ‘‘(I) Notwithstanding section 545(2) and (3) has no resale value, but replacement important and most comprehensive re- of this title, the trustee may not avoid a costs can be substantial. forms to our nation’s patent system in warehouseman’s lien for storage, transpor- Mr. DURBIN. I would agree. Simi- tation or other costs incidental to the stor- nearly half a century. In the last 50 larly, I believe the Federal Trade Com- age and handling of goods, as provided by years, our nation has witnessed an ex- mission should keep in mind that when Section 7–209 of the Uniform Commercial plosion of technology growth and a tre- we talk about a dependent of the debt- Code.’’ mendous expansion of the global mar- or we are referring to people like an el- Insert at an appropriate place: ket for American intellectual property. Section 330(a) of Title 11 is amended: derly parent or relative, or a disabled Yet our patent laws have remained (1) in subsection (3)(A) after the word person. Property belonging to a de- largely unchanged. My bill would effect ‘‘awarded’’, by inserting ‘‘to an examiner, pendent elderly or disabled person those changes that are necessary to Chapter 11 trustee, or professional person’’, should also figure into the definition. and Moreover, I would note that although bring our patent system up to speed (2) by adding at the end of subsection (3)(A) with the growing demands of the global the following: some members of the Judiciary Com- mittee have tried to tell the FTC what economy, to preserve American com- ‘‘(3)(B) In determining the amount of rea- petitiveness into the 21st century, and sonable compensation to be awarded a trust- to do, this provision ultimately leaves to ensure adequate protection for ee, the court shall treat such compensation the decision in the hands of the FTC. as a commission based on the results We have never had hearings or con- American innovators, both at home achieved.’’ ducted any inquiry whatsoever into and abroad. On page 59 of amendment 3595, after clause what household goods are necessary or In all, there have been nine days of ‘‘(v)’’, insert: appropriate in bankruptcy. The point hearings and 78 witnesses who have tes- ‘‘(vi) not unfair because excessive in tified in the House and Senate on the amount based upon the value of the collat- of this provision is to ask the FTC to eral.’’ make the necessary inquiries and pro- provisions of this legislation. Seven- On page 60 of amendment 3595, after clause vide a suitable definition. As the lead teen of those witnesses appeared before ‘‘(iii)’’ insert: Democratic co-sponsor of this bill, as the Senate Judiciary Committee. In ‘‘(iv) the following statement: If your cur- the author of this provision—which I addition, I have engaged in endless ne- rent rate is a temporary introductory rate, proposed during the Committee de- gotiations to address concerns regard- your total costs may be higher.’’ bate—and as the ranking member on ing the effect of the bill on small busi- Mr. GRASSLEY addressed the Chair. the Subcommittee with jurisdiction nesses and independent inventors. The The PRESIDING OFFICER. The Sen- over the bankruptcy code, I believe the result of that process was a comprehen- ator from Iowa is recognized. FTC is much better suited to do this sive package of amendments that was Mr. GRASSLEY. I urge adoption of than we. In addition, I would note that endorsed by the Judiciary Committee, the amendment. the definition of dependent must be including several outspoken opponents The PRESIDING OFFICER. If there drawn from the bankruptcy code itself of the original bill, in an overwhelming is no further debate on the amendment, in order for any FTC definition to be at bipartisan 17–1 vote last year. Since the question is on agreeing to the all meaningful or useful. then, I have sought a vote on the Sen- amendment. Mr. DODD. As the co-author of this ate floor for this legislation, thus far The amendment (No. 3617) was agreed provision, I concur. without success. to. Mr. DURBIN. Let me take this oppor- The failure to bring this bill to a vote DEFINITION OF HOUSEHOLD GOODS tunity to compliment the distinguished in the Senate has largely been the re- Mr. DODD. Mr. President, a provision Senator from Connecticut for all of his sult of the opposition of a very few of this bill that the Senator from Illi- hard work on this issue. He identified Senators who have objected to even its nois and I drafted and had put into the the unique problems of children in consideration by the full Senate. Over Managers’ Package would require the bankruptcy before anyone else, and no the past year, I have made numerous Federal Trade Commission to promul- one has worked harder on this problem additional changes to the bill in an at- gate regulations to define household than he. We both had different ap- tempt to address their concerns. As a goods ‘‘in a manner suitable and appro- proaches to the household goods issue, result of those changes, the bill now priate for cases under Title 11 of the and the provision in this bill blends our enjoys even broader support, ranging U.S. Code.’’ What would be ‘‘suitable two approaches. from the smallest of American entre- and appropriate’’ in the bankruptcy Mr. DODD. And I think we have preneurs and innovators to Fortune 100 context? achieved a sensible result. In light of companies. It is endorsed by the small Mr. DURBIN. The Federal Trade the fact that we have taken no testi- business community, as well as by the Commission should keep in mind that mony on this issue and have no real ex- experts on the subject, including 5 of the definition will define the household pertise in this area, it only makes the past 6 commissioners of the Patent goods that a debtor may keep after the sense to have the FTC attempt to craft and Trademark Office and thousands of bankruptcy, as part of the debtor’s a definition. I compliment the Senator patent practitioners and patent own- fresh start. The defining regulations from Illinois for his efforts. It has been ers. Unfortunately, despite my efforts, should specify any tangible personal a pleasure working with him. and despite this broad support, a vocal property reasonably necessary for the PATENT REFORM LEGISLATION AMENDMENT minority, which apparently opposes support of the debtor and the debtor’s Mr. HATCH. Mr. President, let me any patent reform, continues to object dependents. take a moment to speak about an this bill. Repeated invitations to sit

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10764 CONGRESSIONAL RECORD — SENATE September 23, 1998 down with them to fashion a reason- amendment into the managers’ amend- abuses in the system, we need to re- able accommodation have been re- ment. I appreciate their efforts and co- member the people who use the system, jected. operation. We must ensure that the both the debtor and the creditor. We Mr. President, at some point, the in- victims of drunk drivers and drunk need to balance the interests of credi- terests of inventors, the continued boaters are protected in bankruptcy tors with those of middle class Ameri- strength of our intellectual property and I urge the conferees to make this cans who need the opportunity to re- base, consumers, and an overwhelming issue a priority when working out dif- solve overwhelming financial burdens. majority of the Senate must prevail ferences with the House bill. over the interests of the few who would Mr. LEAHY. Mr. President, I urge my Unfortunately, the House-passed con- oppose any patent reform. I believe colleagues to support the Consumer sumer bankruptcy reform bill requires that this legislation must be debated Bankruptcy Reform Act, S. 1301. Sen- an arbitrary means testing of debtors and real patent reforms enacted if ator DURBIN and Senator GRASSLEY to be eligible for Chapter 7 filings. America is to retain its competitive have worked together to mold a bipar- Many bankruptcy practitioners and edge into the next century. tisan bill that seeks to correct abuses bankruptcy judges predict that the In acceding to the majority leader’s in the bankruptcy system while pre- radical means-testing requirements in request to refrain from exercising my serving access to it for honest debtors. the House bill would swamp the bank- rights in offering this bill as an amend- Every American agrees with the basic ruptcy process with a flood of new liti- ment to the bankruptcy bill, I am rely- principle that debts should be repaid. gation over a debtor’s filing status. In- ing on his assurance that this patent The vast majority of Americans are deed, the Congressional Budge Office reform legislation will be brought up able to meet their obligations. But, for estimates that H.R. 3150 would cost those who fall on financial hard times, for floor consideration and a vote early taxpayers up to $16 million a year for next year, with the expectation being bankruptcy should be available in a fair and balanced way. new bankruptcy judges and other court that we complete action on the meas- administrative expenses. Moreover, ure prior to March 1999. I would reit- Unfortunately, more and more CBO estimates that the House bill erate my willingness and desire to Vermonters and more and more Ameri- would impose new private sector man- work with my colleagues to resolve cans are filing for bankruptcy. The any outstanding concerns, and I hope numbers are disturbing. While the un- dates, as defined in the Unfunded Man- any Senator who still has genuine con- employment rate keeps going down and dates Reform Act, of at least $100 mil- cerns with this bill will take me up on inflation remains low, the nation’s per- lion on our economy. We need balanced my offer. sonal bankruptcies keep going up. bankruptcy reform, not more unfunded I look forward to working with my Thus, this rise in bankruptcy filings mandates and costs to taxpayers. has occurred at the same time that we colleagues and to seeing reasonable The House bankruptcy reform bill enjoy a robust economy. If fact, patent reforms enacted by the Senate also fails to adequately protect our next year. Vermont’s unemployment rate hit a 10- year low just the other day. Vermont’s most vulnerable citizens—our children. DRUNK-DRIVING VICTIMS More than one-third of the one million Mr. LAUTENBERG. Mr. President, I personal bankruptcy rate increased by about 40 percent for each of the last annual bankruptcies involve spouse would like to commend the authors of and child support orders. But the House this legislation, Senators DURBIN and two years. Still, Vermont was ranked next to bill proposes profound changes to the GRASSLEY, for their efforts on this leg- last among the 50 states in personal bankruptcy code for spouse and child islation and their acceptance of my bankruptcy filings last year. In most amendment which will help prevent support obligations by placing them on other states, personal bankruptcy rates a equal footing with some consumer drunk drivers from escaping the debts increased even more dramatically they owe to their victims by filing for debt. As a result, custodial parents and while unemployment rates declined. I ex-spouses may have to fight in court bankruptcy. do not know all the answers why more As my colleagues know, Congress has against the deep pockets of corporate and more Americans are filing for always worked in a bipartisan way lenders with little chance of success. bankruptcy. I think some may be abus- when working to protect the victims of This is unacceptable for America’s ing the system. I think most are not. drunk-drivers under the Bankruptcy children. My guess is that stagnant wages and Code. In 1984, Congress passed the more consumer credit card debt are the I believe that the Senate version of Bankruptcy Amendments and Federal primary reasons. the Consumer Bankruptcy Reform Act, Judgeship Act of 1984 which contained Where there are abuses in the bank- S. 1301, carefully balances the com- provisions to prevent drunk drivers ruptcy law, we should move to correct peting interests of debtors and credi- from avoiding their debts to victims by them. I believe that this bill does that tors. The bankruptcy reform bill filing for bankruptcy under Chapter 7. by establishing standards for bank- passed by the House of Representa- Although that Act closed a loophole in ruptcy judges to consider with respect tives, H.R. 3150 is not a balanced piece Chapter 7 of the Bankruptcy Code, to Chapter 7 and 13 filings and by dis- of legislation. The Administration has drunk drivers began to file for bank- couraging bad-faith repeat filings. This promised a veto if the House bill were ruptcy under Chapter 13. Consequently, bill also includes better bankruptcy to be adopted by Congress. in 1990, Congress passed another meas- data collection procedures so that we ure to protect drunk-driving victims can learn more about the root causes of I have already spoken to the other under Chapter 13. the recent rise in bankruptcy filings. Senators who will serve on a House- As originally drafted, S. 1301 con- Accurate data will also allow us to bet- Senate bankruptcy reform conference tained a number of provisions that ter evaluate the impact of this reform about holding firm to the Senate bill in would have diluted the ability of legislation. conference. If we want to enact bal- drunk-driving victims to receive dam- But we must also remember that anced bankruptcy reforms into law this ages. Consequently, I drafted an bankruptcy serves as a safety net for year, the Senate bill is that measure. If amendment designed to ensure that many of our constituents. Those who this Congress wants to enact consumer victims would be paid for their injuries use bankruptcy are the most vulner- bankruptcy reforms into law, then the when the drunk driver filed for bank- able of the American middle class. conference report must be along the ruptcy. Additionally, the amendment They are older Americans who have lines of S. 1301. I am glad to report that extended protections to victims of lost their jobs or are unable to pay a majority of the Republicans who will drunk boaters. The Coast Guard re- their medical debts. They are women serve on the conference with Senator ports that drunk boating continues to attempting to raise their families or DURBIN and me agree. I expect that we be a problem with more than 200 fatali- secure alimony and child support after will strongly support the Senate posi- ties in some years, and I thought it was a divorce. They are individuals strug- tion and prevail in conference. important that irresponsible boaters gling to recover from unemployment. not be able to escape liability by filing This bankruptcy reform bill protects I hope that the Senate will adopt this for bankruptcy. them. bipartisan bill that corrects the abuses I am pleased that Senators DURBIN As we move forward with reforms in the bankruptcy system without un- and GRASSLEY have incorporated my that are appropriate to eliminate fairly penalizing women and children

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10765 who depend on child support and ali- Chapter 12 to the bankruptcy code to Again, Mr. President, I wish to thank mony, as well as older Americans and satisfy the unique risks and needs of Senators KERREY, CONRAD, GRASSLEY small business owners. family farmers. Prior to that, farmers and DURBIN for their work on these I want to take a moment to com- were forced to file for bankruptcy amendments. It will give family farm- mend Senator DURBIN for his leader- under Chapter 11, the Small Business ers across the country the flexibility ship and for working to reform our specific Chapter. they need to make good on their debts. bankruptcy system in a fair and bal- Although Chapter 12 has provided Mr. WELLSTONE. Mr. President, anced manner. Senator DURBIN has much needed relief for hundreds of there is no doubt that more and more served as a most effective manager of family farmers, through the years, Americans are turning to the consumer this important measure. He has been Chapter 12 has become outdated; its bankruptcy system and the financial informed and exercised good judgment definitions, eligibility requirements protection it offers. More than 1.3 mil- at every turn. He has met every chal- and other provisions have not kept lion families filed for bankruptcy last lenge and maintained the bipartisan- pace with changes in agriculture or in year. Where there is fraud and abuse ship that made this possible. Without the nation’s economy. Most disturb- we must take steps to reduce and his extraordinary efforts, there would ingly, the out of date eligibility re- eliminate it. But this bill will not help be no bankruptcy reform legislation quirements of this provision have ex- reduce fraud. It will encourage riskier being considered for final passage by cluded many who need it most and lending habits by credit companies. It the Senate. forced many farmers into Chapter 11. will lead to more credit being extended I also commend Senator GRASSLEY. I I was pleased that three amendments to poor families. It will ensure that know that is has not always been easy I authored with Senators CONRAD and those families will file more bank- for him to keep this legislation on Bob KERREY were accepted by Senators ruptcies. It will force these families to course. I know that some in his caucus GRASSLEY and DURBIN and included in file different types of bankruptcies, the have criticized his efforts to be fair and the manager’s amendment. Two of kind of bankruptcy that ensures that to continue to work in a bipartisan these provision change the eligibility they will never be free of their debt and fashion. I am glad that he did not suc- requirements of Chapter 12 to include able to restart their lives. cumb to that bad advice. Senator those originally intended under the This is a complex issue and I must GRASSLEY and I have worked together 1986 statute. provide some background in order to for many years. We agree on many One provision indexes the Chapter 12 explain my stance. There are two types things and we have disagreed on some. debt limit. The current maximum debt of bankruptcies that individuals can I congratulate him for his outstanding limit on Chapter 12 is $1,500,000. This file: Chapter 7 and Chapter 13. Under efforts as the principal author, sub- limit has not been changed since the current law, individuals can choose ei- committee chairman and floor man- 1986 law took effect, while most other ther type. Chapter 7 bankruptcy allows ager of this bill. He has done a fine job Code dollar figures have been increased debtors to discharge all their debt (be- and created a measure for which he de- for inflation and will have automatic sides child support, taxes, home loans, serves our thanks. In this effort I have adjustments in the future. At this and student loans). Chapter 13 bank- tried to be constructive—even fore- point, the debt limits exclude many ruptcies discharge no debt, but allow going offering an important amend- farmers for whom Chapter 12 was origi- debtors to bargain directly with their ment to this particular bill, at Senator nally intended. creditors on reduced debt and payment HATCH’s request. A second eligibility problem had been schedules. Under the bill we passed I also want to applaud the work of the requirement that more than 50% of today, Chapter 7 bankruptcies, which the staff on the Senate Judiciary Com- a farm family’s taxable income for the have provided a new start to millions mittee principally responsible for this prior year came from a farming oper- of families over the years, will become bill: Victoria Bassetti and Anne McCor- ation. Farm families, expecting low re- a thing of the past. First of all, a judge mick with Senator DURBIN, and Kolan turn on their commodities, usually now will have discretion to reject a Davis and John McMickle with Senator seek off-farm employment for one of debtor’s Chapter 7 claim, and require GRASSLEY. Each worked hard on this the household adults. A few years of her to file under Chapter 13, if it can be very complex issue and helped craft a low prices and negligible farm income proven that the debtor has the ability fine piece of bipartisan legislation. would make many farmers ineligible to pay off 30% of her debt over the next They were here late into many nights under this provision. Current law as- five years. Secondly, any of the debt- and worked ceaselessly for the public sumes that farmers throw in the towel or’s creditors can enter the court— interest. after just one bad year. I cannot think without legal counsel—and require the I urge my colleagues to support S. of one Wisconsin farmer that gives up court to make a judgement as to 1301, the Consumer Bankruptcy Reform that easily. They keep working and whether the debtor can afford this 30%. Act. It is a bill that the Senate should hope for better markets next year. My Thirdly, if the judge believes that the pass. provision changes this requirement so debtor can pay off this 30%, the debt- Mr. FEINGOLD. Mr. President, al- that farmers have a bit more flexi- or’s attorney—and this is unheard of in though I object to numerous provisions bility. More specifically, my amend- the law to date—will be forced to pay in the underlying bill, S. 1301, the Con- ment will allow the 50% income re- the cost of the Chapter 13 Trustee. This sumer Bankruptcy Reform Act, I was quirement can be satisfied in any of is a hugely expensive tax on bank- pleased to work with the Chairman and the past three years. ruptcy attorneys and they will cer- Ranking Member to include provisions The last provision simply prohibits tainly avoid taking on new Chapter 7 important to the farmers of this coun- retroactive assessment of disposable bankruptcies. try. income by the courts. To have a pay- The truth is that this bill treats all Mr. President, everyone knows that back schedule confirmed by the bank- debtors as likely criminals. Yes, bank- family farming is a high risk business. ruptcy courts, a debtor in Chapter 12 ruptcies in this country are up. But One that’s effected more by outside, must commit projected disposable in- debtors now wait longer to file bank- unanticipated forces—for example, un- come—over and above living expenses, ruptcy and are deeper in debt than stable markets, weather, and disease— operating expenses and secured debt those who filed bankruptcy a decade than any other industry. To survive in payments—to pay unsecured debtors. ago. Furthermore, increased filings can such a volatile vocation, farmers are Some courts have started ‘‘adjusting’’ be attributed to job loss, divorce, in- often given a bit of flexibility. This these payments upward in hindsight, if creasing health care costs, declining flexibility is the key to the survival of the debtor’s income was greater than real wages—and most importantly—an most family farms. projected. My amendment will make entire industry of easy credit which Unfortunately, some farmers become Chapter 12 consistent with Chapter 13 ten years ago did not exist in any overburdened by the financial hazards and prohibit the retroactive assess- where near today’s scale. associated with the business and seek ment and instead modifies the coming Harvard Business School researchers assistance in dealing with their credi- year’s payment schedule to reflect the David Moss and Gibbs Johnson state tors. In 1986, Senator GRASSLEY added additional income. ‘‘the evidence suggests that shifts in

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10766 CONGRESSIONAL RECORD — SENATE September 23, 1998 the volume of and distribution of con- tection. But this bill responds to the meaningful bankruptcy reform,’’ I am sumer credit—rather than declining need of these families by basically re- confident that we won’t have to go that stigma [of bankruptcies]—are the most instituting life-long debtor’s prison. route. likely sources of the recent surge in All to the benefit of easy-credit compa- Mr. President, when people talk consumer filings.’’ They add that the nies. I could not in good conscience about bankruptcy abuse, the notion of surge of filings that began in the late support this bill. stashing cash in a lavish Florida home 1980s can be attributed to ‘‘consumer Mr. KOHL. Mr. President, the dra- is the first thing they think about. And creditors [which] began reaching sub- matic rise in bankruptcies is very trou- that’s not surprising. To borrow a stantially further down into the in- bling, regardless of whether the blame phrase from Bill Bennett, Congress come distribution beginning in the mid lies with credit card companies, a cul- needs to act responsibly to put ‘‘a 1980s.’’ It should also be noted that ture that disparages personal responsi- death to this outrage.’’ credit-card mail solicitations have sky- bility, the bankruptcy code or, most Overall, I commend Senators GRASS- rocketed, from 3.1 million mail solici- probably, with all of the above. While LEY and DURBIN for their hard work tations in 1996 to over 881 million mail none of us wants to return to the era of and close collaboration. I look forward solicitations in 1997. Yet it is this con- ‘‘debtors’ prison,’’ we need to do some- to a final product that continues tack- sumer credit industry that benefits thing to reverse this trend. ling the worst abuses, while still help- most from this bill; because it is this But true ‘‘reform’’ will only occur if ing honest debtors. industry that will use this bill to pre- we prevent the most egregious abuse of Mr. REED. Mr. President, I voted in vent individuals from discharging their the bankruptcy laws—misuse of the favor of S. 1301, the Consumer Bank- credit card debt. Simply put, this bill homestead exemption. And we will ruptcy Reform Act of 1998, to address will increase the amount of money that only have true reform if we target certain abuses regarding consumer credit card companies would receive other abuses without overburdening bankruptcy laws, while providing from low-income bankrupt debtors. the vast majority of debtors who truly bankruptcy protection to those who Meanwhile, opponents argue that so- need—and deserve—relief. And, true re- genuinely need it. Indeed, in recent phisticated individuals with good legal form also requires a balanced approach years, there have been record increases advice will be able to get around the that targets abusive practices by credi- in bankruptcy filings. In 1997 alone bill’s new changes (as is often the case tors as well as by debtors. there were 1.3 million bankruptcy fil- with financial laws). That is why I intend to vote for this ings—an all-time high. While I think Who will benefit from this bill? I will bill. It does all three: prevents the this increase is in part a result of the quote Senator Metzenbaum, Public Cit- most egregious abuses by capping the significant rise in outstanding con- izen, and Consumers Union: ‘‘The only homestead exemption, uses ‘‘means sumer credit, I believe it is also attrib- reason we’re having this debate is be- testing’’ to deter other serious abuses utable to the reduced stigma associ- cause the credit industry, primarily without placing unfair burdens on hon- ated with filing for bankruptcy. As the credit card industry, has spent est debtors, and requires credit card such, I believe that S. 1301 will be an well-orchestrated millions on ads and companies to disclose the information important tool in curtailing irrespon- lobbyists demonizing American fami- consumers need to make intelligent sible debtor practices. lies in crisis.’’ Even the title of a Wall choices. The version of S. 1301 passed by the Street Journal article says it all: ‘‘As In particular, let me focus on the cap Senate is the product of significant Bankruptcies Surge, Creditors Lobby on the homestead exemption that Sen- compromise by both Democrats and Hard to Get Tougher Laws; But Wheth- ator SESSIONS and I introduced in sub- Republicans and is much-improved er Many People Shirk Bills They Can committee. This proposal, which was over the Judiciary Committee-passed Pay Remains Open To Debate; Chang- adopted by a unanimous 7–0 vote in bill. I am pleased that my amendments ing the Lender’s Image.’’ I quote from subcommittee and was unanimously re- prohibiting certain credit card termi- that article: ‘‘As the legislation moves affirmed on the floor through a Sense nations, limiting consumer debit card quickly through Congress, many aca- of the Senate resolution, closes a loop- liability, and providing greater disclo- demics, lawyers, and judges who spe- hole that allows too many debtors to sure for ‘‘high LTV’’ loans were adopt- cialize in bankruptcy question why. A shield their assets in luxury homes, ed by the Senate. Nonetheless, I am government-appointed commission while their creditors get left out in the concerned about the means-testing pro- spent two years studying the matter cold. Currently, a handful of states visions in the bill and would be in- and was deeply divided. Five of its nine allow debtors to protect their homes no clined to oppose the Conference Report members found no major abuse of the matter how high their value. And time if the means-testing provisions are system or need for a crackdown: only after time, millionaire debtors move to made mandatory or if consumer credit two endorsed anything like the bills states with unlimited exemptions, like protections are deleted. Congress is embracing. More than 100 Florida and Texas, declare bank- S. 1301 signifies a fundamental jurists wrote lawmakers to urge them ruptcy—yet continue to live like kings change in bankruptcy policy by estab- to slow down.* * * A major reason [for while their creditors get little or noth- lishing a system of means testing for the bill]? A multi-million public-rela- ing. If we want to restore the stigma determining eligibility for Chapter 7 tions and lobbying blitz run largely by attached to bankruptcy, these high relief. Heretofore, debtors have had the companies with the most to gain: cred- profile abuses are the best place to power to determine the type of bank- it card issuers and other lenders.’’ start. ruptcy relief to be sought, regardless of Who will suffer under this bill? When Our proposal is simple and effective. their ability to repay. S. 1301, however, job loss, divorce, or medical emergency It caps at $100,000 the maximum home- gives a bankruptcy judge the discretion strike, some families have no choice stead exemption that an individual fil- to convert a Chapter 7 case to Chapter but to file for bankruptcy in order to ing bankruptcy can claim. With the 13 upon a motion by the creditor, if the stabilize themselves. Divorced women cap in place, bankrupt debtors will re- debtor can afford to repay 30 percent of file for bankruptcy in greater propor- tain their right to a roof over their his or her debts. tions than divorced men. Victims of heads, but not to luxury accommoda- My concern with the provision is abuse file for bankruptcy, often from tions. that it does not contemplate whether debt incurred entirely by those who I am concerned, however, that if this the creditor acted responsibly and in abused them. Single parents are forced homestead cap is dropped in Con- good faith in extending credit to the into bankruptcy after any substantial ference, the President will veto the debtor. Statistics showing that house- period of unemployment. African bill. That is, if it reaches him, because hold debt has increased to 104 percent Americans and Hispanics are dramati- if the cap is removed, I’ll filibuster the of household income, as compared to 24 cally over-represented in bankruptcy. Conference Report myself. percent in 1975, suggests that some With health insurance in its current But since all of the conferees support creditors may be irresponsibly extend- state, families that suffer even one the homestead cap provision, and since ing credit. In response to my concerns, major medical emergency often find the Senate has now gone on record as I offered an amendment to the bill that themselves in need of bankruptcy pro- saying that the ‘‘cap’’ is ‘‘essential to would have required creditors to act in

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10767 good faith in their dealings with debt- The substitute amendment (No. 3559), Bryan Grams McConnell ors. Unfortunately, this amendment as amended, was agreed to. Bumpers Grassley Mikulski Burns Gregg Moseley-Braun did not pass. Mr. GRASSLEY. I move to recon- Byrd Hagel Moynihan Despite my concerns with the means sider the vote. Campbell Harkin Murkowski testing provision, I was able to support Mr. DURBIN. I move to lay that mo- Chafee Hatch Murray Cleland Helms the bill because the means testing pro- tion on the table. Nickles Coats Hollings Reed vision does not require the judge to Cochran Hutchinson The motion to lay on the table was Reid Collins Hutchison convert a case to Chapter 13, but in- agreed to. Robb stead gives the judge discretion. If the Conrad Inhofe The PRESIDING OFFICER. The Coverdell Inouye Roberts Conference Report eliminates this judi- question is on agreeing to the reported Craig Jeffords Rockefeller cial discretion and incorporates the committee substitute amendment, as D’Amato Johnson Roth Santorum House-passed means testing provision amended. Daschle Kempthorne that requires conversion, I would have DeWine Kennedy Sarbanes Without objection, the committee Dodd Kerrey Sessions a difficult time supporting the Con- substitute amendment, as amended, is Domenici Kerry Shelby ference Report. agreed to. Dorgan Kohl Smith (NH) Lastly, my support for S. 1301 was in Durbin Kyl Smith (OR) The committee substitute amend- part predicated on the significant con- Enzi Landrieu Snowe ment, as amended, was agreed to. Faircloth Lautenberg sumer credit protections incorporated Specter The PRESIDING OFFICER. The Feingold Leahy Stevens in the bill. For example, the bill in- Feinstein Levin question is on the engrossment and Thomas cludes an amendment that I offered Ford Lieberman third reading of the bill. Thompson that would prohibit credit card compa- Frist Lott Thurmond Gorton The bill was ordered to be engrossed Lugar Torricelli nies from terminating a consumer’s ac- Graham Mack for a third reading and was read the Wyden count simply because the consumer Gramm McCain third time. paid his or her bill in full each month. NAYS—1 This is a detestable practice which flies Mr. GRASSLEY. I ask for the yeas Wellstone in the face of the goals being promoted and nays. in S. 1301. If this provision, or other The PRESIDING OFFICER. If the NOT VOTING—2 such provisions are not included in the Senator would withhold for a moment. Glenn Warner Under the previous order, the Senate Conference Report, I would seriously The bill (H.R. 3150), as amended, will now proceed to the House com- consider opposing the Conference Re- passed as follows: port. panion bill, which the clerk will report. The assistant legislative clerk read Resolved, That the bill from the House of Mr. GRAMS. Mr. President, on July Representatives (H.R. 3150) entitled ‘‘An Act 6th, the Federal Financial Institutions as follows: to amend title 11 of the United States Code, Examination Council (FFIEC), pub- A bill (H.R. 3150) to amend title 11 of the and for other purposes.’’, do pass with the lished for public comment in the Fed- United States Code, and for other purposes. following amendment: eral Register, its proposed changes to The Senate proceeded to consider the Strike out all after the enacting clause and its Uniform Policy for Classification of bill. insert: Consumer Installment Credit Based on The PRESIDING OFFICER. Under SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Delinquency Status. FFEIC is on the (a) SHORT TITLE.—This Act may be cited as the previous order, all after the enact- the ‘‘Consumer Bankruptcy Reform Act of verge of adopting the changes in the ing clause of H.R. 3150 is stricken and proposals, with or without modifica- 1998’’. the text of S. 1301, as amended, is in- (b) TABLE OF CONTENTS.—The table of con- tions based on the public input they re- serted in lieu thereof. tents for this Act is as follows: ceived. I would like to ask my distin- The question is on the engrossment Sec. 1. Short title; table of contents. guished colleague, the Senator from of the amendment and third reading of Iowa whether the bankruptcy reform TITLE I—NEEDS-BASED BANKRUPTCY the bill. Sec. 101. Conversion. legislation currently before the Senate The amendment was ordered to be would significantly affect the agency’s Sec. 102. Dismissal or conversion. engrossed and the bill to be read a TITLE II—ENHANCED PROCEDURAL policy guidelines? My concern is that third time. shortly after the FFIEC’s new guide- PROTECTIONS FOR CONSUMERS The bill was read a third time. Sec. 201. Allowance of claims or interests. lines are adopted, it will have to re- Mr. GRASSLEY. I ask for the yeas write them, according to the new bank- Sec. 202. Exceptions to discharge. and nays. Sec. 203. Effect of discharge. ruptcy reform legislation. The PRESIDING OFFICER. Is there a Sec. 204. Automatic stay. Mr. GRASSLEY. That is correct. If Sec. 205. Discharge. the bill before us is enacted this fall, it sufficient second? There appears to be. Sec. 206. Discouraging predatory lending prac- will have a substantial impact upon tices. creditors’ recovery in many consumer The yeas and nays were ordered. Sec. 207. Enhanced disclosure for credit exten- bankruptcy cases. It will take some The PRESIDING OFFICER. The bill sions secured by dwelling. time to evaluate the full impact of the having been read the third time, the Sec. 208. Dual-use debit card. new law. question is, Shall the bill, as amended, Sec. 209. Enhanced disclosures under an open Mr. GRAMS. Accordingly then, it is pass? The yeas and nays have been or- end credit plan. Sec. 210. Violations of the automatic stay. my view that the FFIEC should delay dered. The clerk will call the roll. The legislative clerk called the roll. Sec. 211. Discouraging abusive reaffirmation implementing any changes to its Uni- practices. form Policy for Classification of Con- Mr. NICKLES. I announce that the Sec. 212. Sense of the Senate regarding the sumer Installment Credit Based on De- Senator from Virginia (Mr. WARNER), is homestead exemption. linquency Status until it is clear necessarily absent. Sec. 213. Encouraging creditworthiness. whether and in what final form the Mr. FORD. I announce that the Sen- Sec. 214. Treasury Department study regarding bankruptcy reform is enacted. ator from Ohio (Mr. GLENN), is nec- security interests under an open Mr. GRASSLEY. I would agree with essarily absent. end credit plan. my colleague from Minnesota and urge The PRESIDING OFFICER (Mr. TITLE III—IMPROVED PROCEDURES FOR FFIEC to delay implementing changes THOMAS). Are there any other Senators EFFICIENT ADMINISTRATION OF THE to its Uniform Policy for Classification in the Chamber desiring to vote? BANKRUPTCY SYSTEM of Consumer Installment Credit Based The result was announced—yeas 97, Sec. 301. Notice of alternatives. on Delinquency Status, in light of the nays 1, as follows: Sec. 302. Fair treatment of secured creditors under chapter 13. pending bankruptcy reform legislation. [Rollcall Vote No. 284 Leg.] Sec. 303. Discouragement of bad faith repeat fil- The PRESIDING OFFICER. Are there YEAS—97 ings. further amendments? Sec. 304. Timely filing and confirmation of If there are no further amendments, Abraham Baucus Bond Akaka Bennett Boxer plans under chapter 13. the question is on agreeing to the sub- Allard Biden Breaux Sec. 305. Application of the codebtor stay only stitute amendment, as amended. Ashcroft Bingaman Brownback when the stay protects the debtor.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 6343 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10768 CONGRESSIONAL RECORD — SENATE September 23, 1998 Sec. 306. Improved bankruptcy statistics. Sec. 603. Creditors and equity security holders percent of unsecured claims that are not consid- Sec. 307. Audit procedures. committees. ered to be priority claims (as determined under Sec. 308. Creditor representation at first meet- Sec. 604. Repeal of sunset provision. subchapter I of chapter 5); or ing of creditors. Sec. 605. Cases ancillary to foreign proceedings. ‘‘(B) the debtor filed a petition for the relief in Sec. 309. Fair notice for creditors in chapter 7 Sec. 606. Limitation. bad faith. and 13 cases. Sec. 607. Amendment to section 546 of title 11, ‘‘(3)(A) If a panel trustee appointed under Sec. 310. Stopping abusive conversions from United States Code. section 586(a)(1) of title 28 brings a motion for chapter 13. Sec. 608. Amendment to section 330(a) of title dismissal or conversion under this subsection Sec. 311. Prompt relief from stay in individual 11, United States Code. and the court grants that motion and finds that cases. TITLE VII—TECHNICAL CORRECTIONS the action of the counsel for the debtor in filing Sec. 312. Dismissal for failure to timely file under this chapter was not substantially justi- Sec. 701. Definitions. schedules or provide required in- fied, the court shall order the counsel for the Sec. 702. Adjustment of dollar amounts. formation. debtor to reimburse the trustee for all reasonable Sec. 703. Extension of time. Sec. 313. Adequate time for preparation for a costs in prosecuting the motion, including rea- hearing on confirmation of the Sec. 704. Who may be a debtor. Sec. 705. Penalty for persons who negligently or sonable attorneys’ fees. plan. ‘‘(B) If the court finds that the attorney for fraudulently prepare bankruptcy Sec. 314. Discharge under chapter 13. the debtor violated Rule 9011, at a minimum, the Sec. 315. Nondischargeable debts. petitions. Sec. 706. Limitation on compensation of profes- court shall order— Sec. 316. Credit extensions on the eve of bank- ‘‘(i) the assessment of an appropriate civil sional persons. ruptcy presumed nondischarge- penalty against the counsel for the debtor; and Sec. 707. Special tax provisions. able. ‘‘(ii) the payment of the civil penalty to the Sec. 708. Effect of conversion. Sec. 317. Definition of household goods and an- panel trustee or the United States trustee. Sec. 709. Automatic stay. tiques. ‘‘(C) In the case of a petition referred to in Sec. 710. Amendment to table of sections. Sec. 318. Relief from stay when the debtor does subparagraph (B), the signature of an attorney Sec. 711. Allowance of administrative expenses. not complete intended surrender shall constitute a certificate that the attorney of consumer debt collateral. Sec. 712. Priorities. Sec. 713. Exemptions. has— Sec. 319. Adequate protection of lessors and ‘‘(i) performed a reasonable investigation into purchase money secured creditors. Sec. 714. Exceptions to discharge. Sec. 715. Effect of discharge. the circumstances that gave rise to the petition; Sec. 320. Limitation. and Sec. 321. Miscellaneous improvements. Sec. 716. Protection against discriminatory treatment. ‘‘(ii) determined that the petition— Sec. 322. Bankruptcy judgeships. ‘‘(I) is well grounded in fact; and Sec. 717. Property of the estate. Sec. 323. Definition of domestic support obliga- ‘‘(II) is warranted by existing law or a good Sec. 718. Preferences. tion. faith argument for the extension, modification, Sec. 719. Postpetition transactions. Sec. 324. Priorities for claims for domestic sup- or reversal of existing law and does not con- port obligations. Sec. 720. Technical amendment. Sec. 721. Disposition of property of the estate. stitute an abuse under paragraph (1) of this Sec. 325. Requirements to obtain confirmation subsection. and discharge in cases involving Sec. 722. General provisions. Sec. 723. Appointment of elected trustee. ‘‘(4)(A) Except as provided in subparagraph domestic support obligations. (B), the court may award a debtor all reason- Sec. 326. Exceptions to automatic stay in do- Sec. 724. Abandonment of railroad line. Sec. 725. Contents of plan. able costs in contesting a motion brought by a mestic support obligation pro- party in interest (other than a panel trustee or ceedings. Sec. 726. Discharge under chapter 12. Sec. 727. Extensions. United States trustee) under this subsection (in- Sec. 327. Nondischargeability of certain debts cluding reasonable attorneys’ fees) if— for alimony, maintenance, and Sec. 728. Bankruptcy cases and proceedings. Sec. 729. Knowing disregard of bankruptcy law ‘‘(i) the court does not grant the motion; and support. ‘‘(ii) the court finds that— Sec. 328. Continued liability of property. or rule. Sec. 730. Rolling stock equipment. ‘‘(I) the position of the party that brought the Sec. 329. Protection of domestic support claims motion was not substantially justified; or against preferential transfer mo- Sec. 731. Curbing abusive filings. Sec. 732. Study of operation of title 11 of the ‘‘(II) the party brought the motion solely for tions. the purpose of coercing a debtor into waiving a Sec. 330. Protection of retirement savings in United States Code with respect to small businesses. right guaranteed to the debtor under this title. bankruptcy. ‘‘(B) A party in interest that has a claim of an Sec. 331. Additional amendments to title 11, Sec. 733. Transfers made by nonprofit chari- table corporations. aggregate amount less than $1,000 shall not be United States Code. subject to subparagraph (A). Sec. 332. Debt limit increase. Sec. 734. Effective date; application of amend- ments. ‘‘(5) However, only the judge, United States Sec. 333. Elimination of requirement that family trustee, bankruptcy administrator or panel farmer and spouse receive over 50 TITLE I—NEEDS-BASED BANKRUPTCY trustee may bring a motion under this section if percent of income from farming SEC. 101. CONVERSION. the debtor and the debtor’s spouse combined, as operation in year prior to bank- Section 706(c) of title 11, United States Code, of the date of the order for relief, have current ruptcy. is amended by inserting ‘‘or consents to’’ after monthly total income equal to or less than the Sec. 334. Prohibit retroactive assessment of dis- ‘‘requests’’. national median household monthly income cal- posable income. culated on a monthly basis for a household of Sec. 335. Amendment to section 1325 of title 11, SEC. 102. DISMISSAL OR CONVERSION. (a) IN GENERAL.—Section 707 of title 11, equal size. However, for a household of more United States Code. than 4 individuals, the median income shall be Sec. 336. Protection of savings earmarked for United States Code, is amended— that of a household of 4 individuals plus $583 the postsecondary education of (1) by striking the section heading and insert- for each additional member of that household.’’. children. ing the following: (b) CLERICAL AMENDMENT.—The table of sec- ‘‘§ 707. Dismissal of a case or conversion to a TITLE IV—FINANCIAL INSTRUMENTS tions at the beginning of chapter 7 of title 11, case under chapter 13’’; Sec. 401. Bankruptcy Code amendments. United States Code, is amended by striking the Sec. 402. Recordkeeping requirements. and item relating to section 707 and inserting the fol- Sec. 403. Damage measure. (2) in subsection (b)— lowing: (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and Sec. 404. Asset-backed securitizations. ‘‘707. Dismissal of a case or conversion to a case (B) in paragraph (1), as redesignated by sub- Sec. 405. Prohibition on certain actions for fail- under chapter 13.’’. ure to incur finance charges. paragraph (A) of this paragraph— Sec. 406. Fees arising from certain ownership (i) in the first sentence— TITLE II—ENHANCED PROCEDURAL interests. (I) by striking ‘‘but not’’ and inserting ‘‘or’’; PROTECTIONS FOR CONSUMERS Sec. 407. Bankruptcy fees. (II) by inserting ‘‘, or, with the debtor’s con- SEC. 201. ALLOWANCE OF CLAIMS OR INTERESTS. Sec. 408. Applicability. sent, convert such a case to a case under chap- Section 502 of title 11, United States Code, is TITLE V—ANCILLARY AND OTHER CROSS- ter 13 of this title,’’ after ‘‘consumer debts’’; and amended by adding at the end the following: BORDER CASES (III) by striking ‘‘substantial abuse’’ and in- ‘‘(k)(1) The court may award the debtor rea- serting ‘‘abuse’’; and sonable attorneys’ fees and costs if, after an ob- Sec. 501. Amendment to add a chapter 6 to title (ii) by striking the last sentence and inserting jection is filed by a debtor, the court— 11, United States Code. the following: ‘‘(A)(i) disallows the claim; or Sec. 502. Amendments to other chapters in title ‘‘(2) In considering under paragraph (1) ‘‘(ii) reduces the claim by an amount greater 11, United States Code. whether the granting of relief would be an than 20 percent of the amount of the initial TITLE VI—MISCELLANEOUS abuse of the provisions of this chapter, the court claim filed by a party in interest; and Sec. 601. Executory contracts and unexpired shall consider whether— ‘‘(B) finds the position of the party filing the leases. ‘‘(A) under section 1325(b)(1), on the basis of claim is not substantially justified. Sec. 602. Expedited appeals of bankruptcy cases the current income of the debtor, the debtor ‘‘(2) If the court finds that the position of a to courts of appeals. could pay an amount greater than or equal to 30 claimant under this section is not substantially

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10769 justified, the court may, in addition to awarding ‘‘(i) before the filing of the petition, the debtor ‘‘(15) In the case of a consumer credit trans- a debtor reasonable attorneys’ fees and costs made a good faith effort to negotiate a reason- action that is secured by the principal dwelling under paragraph (1), award such damages as able alternative repayment schedule (including of the consumer, in which the extension of cred- may be required by the equities of the case.’’. making an offer of a reasonable alternative re- it may exceed the fair market value of the dwell- SEC. 202. EXCEPTIONS TO DISCHARGE. payment schedule); and ing, a clear and conspicuous statement that— Section 523 of title 11, United States Code, is ‘‘(ii) that creditor refused to negotiate an al- ‘‘(A) the interest on the portion of the credit amended— ternative payment schedule, and that refusal extension that is greater than the fair market (1) in subsection (a)(2)(A), by striking ‘‘a false was not reasonable. value of the dwelling is not tax deductible for representation’’ and inserting ‘‘a material false ‘‘(B) For purposes of this paragraph, the debt- Federal income tax purposes; and representation upon which the defrauded per- or shall have the burden of proof of establishing ‘‘(B) the consumer should consult a tax advi- son justifiably relied’’; and that— sor for further information regarding the de- (2) by striking subsection (d) and inserting the ‘‘(i) an offer made by that debtor under sub- ductibility of interest and charges.’’; and following: paragraph (A)(i) was reasonable; and (B) in subsection (b), by adding at the end the ‘‘(d)(1) Subject to paragraph (3), if a creditor ‘‘(ii) the refusal to negotiate by the creditor following: requests a determination of dischargeability of a involved to was not reasonable.’’; and ‘‘(3) In the case of a credit transaction de- consumer debt under this section and that debt (2) by adding at the end the following: scribed in paragraph (15) of subsection (a), dis- is discharged, the court shall award the debtor ‘‘(f)(1) The court may award the debtor rea- closures required by that paragraph shall be reasonable attorneys’ fees and costs. sonable attorneys’ fees and costs in any case in made to the consumer at the time of application ‘‘(2) In addition to making an award to a which a creditor files a motion to deny relief to for such extension of credit.’’. debtor under paragraph (1), if the court finds a debtor under this section and that motion— (2) CREDIT ADVERTISEMENTS.—Section 144 of that the position of a creditor in a proceeding ‘‘(A) is denied; or the Truth in Lending Act (15 U.S.C. 1664) is covered under this section is not substantially ‘‘(B) is withdrawn after the debtor has re- amended by adding at the end the following: justified, the court may award reasonable attor- plied. ‘‘(e) Each advertisement to which this section neys’ fees and costs under paragraph (1) and ‘‘(2) If the court finds that the position of a applies that relates to a consumer credit trans- such damages as may be required by the equities party filing a motion under this section is not action that is secured by the principal dwelling of the case. substantially justified, the court may assess of a consumer in which the extension of credit ‘‘(3)(A) A creditor may not request a deter- against the creditor such damages as may be re- may exceed the fair market value of the dwelling mination of dischargeability of a consumer debt quired by the equities of the case.’’. shall clearly and conspicuously state that— under subsection (a)(2) if— SEC. 206. DISCOURAGING PREDATORY LENDING ‘‘(1) the interest on the portion of the credit ‘‘(i) before the filing of the petition, the debtor PRACTICES. extension that is greater than the fair market made a good faith effort to negotiate a reason- Section 502(b) of title 11, United States Code, value of the dwelling is not tax deductible for able alternative repayment schedule (including is amended— Federal income tax purposes; and making an offer of a reasonable alternative re- (1) in paragraph (8), by striking ‘‘or’’ at the ‘‘(2) the consumer may want to consult a tax payment schedule); and end; advisor for further information regarding the ‘‘(ii) that creditor refused to negotiate an al- (2) in paragraph (9), by striking the period at deductibility of interest and charges.’’. ternative payment schedule, and that refusal the end and inserting ‘‘; or’’; and (c) EFFECTIVE DATE.—This section shall be- was not reasonable. (3) by adding at the end the following: come effective one year after the date of enact- ‘‘(B) For purposes of this paragraph, the debt- ‘‘(10) the claim is based on a secured debt if ment of this Act. or shall have the burden of proof of establishing the creditor has failed to comply with the re- SEC. 208. DUAL-USE DEBIT CARD. that— quirements of subsection (a), (b), (c), (d), (e), (f), ‘‘(i) an offer made by that debtor under sub- (a) CONSUMER LIABILITY.— (g), (h), or (i) of section 129 of the Truth in (1) IN GENERAL.—Section 909 of the Electronic paragraph (A)(i) was reasonable; and Lending Act (15 U.S.C. 1639).’’. ‘‘(ii) the refusal to negotiate by the creditor Fund Transfer Act (15 U.S.C. 1693g) is amend- involved to was not reasonable.’’. SEC. 207. ENHANCED DISCLOSURE FOR CREDIT ed— EXTENSIONS SECURED BY DWELL- (A) by redesignating subsections (b) through SEC. 203. EFFECT OF DISCHARGE. ING. (e) as subsections (d) through (g), respectively; Section 524 of title 11, United States Code, is (a) OPEN-END CREDIT EXTENSIONS.— (B) in subsection (a)— amended by adding at the end the following: (1) CREDIT APPLICATIONS.—Section 127A(a)(13) (i) by redesignating paragraphs (1) and (2) as ‘‘(i) The willful failure of a creditor to credit of the Truth in Lending Act (15 U.S.C. subparagraphs (A) and (B), respectively, and payments received under a plan confirmed 1637a(a)(13)) is amended— indenting appropriately; under this title (including a plan of reorganiza- (A) by striking ‘‘CONSULTATION OF TAX ADVI- (ii) by inserting ‘‘CARDS NECESSITATING tion confirmed under chapter 11 of this title) in SOR.—A statement that the’’ and inserting the UNIQUE IDENTIFIER.— the manner required by the plan (including following: ‘‘TAX DEDUCTIBILITY.—A statement ‘‘(1) IN GENERAL.—’’ after ‘‘(a)’’; crediting the amounts required under the plan) that— (iii) by striking ‘‘other means of access can be shall constitute a violation of an injunction ‘‘(A) the’’; and identified as the person authorized to use it, under subsection (a)(2). (B) by striking the period at the end and in- such as by signature, photograph,’’ and insert- ‘‘(j) An individual who is injured by the fail- serting the following: ‘‘; and ing ‘‘other means of access can be identified as ure of a creditor to comply with the require- ‘‘(B) in any case in which the extension of the person authorized to use it by a unique ments for a reaffirmation agreement under sub- credit exceeds the fair market value of the identifier, such as a photograph, retina scan,’’; sections (c) and (d), or by any willful violation dwelling, the interest on the portion of the cred- and of the injunction under subsection (a)(2), shall it extension that is greater than the fair market (iv) by striking ‘‘Notwithstanding the fore- be entitled to recover— value of the dwelling is not tax deductible for going,’’ and inserting the following: ‘‘(1) the greater of— ‘‘(A)(i) the amount of actual damages; multi- Federal income tax purposes.’’. ‘‘(2) NOTIFICATION.—Notwithstanding para- plied by (2) CREDIT ADVERTISEMENTS.—Section 147(b) graph (1),’’; and ‘‘(ii) 3; or of the Truth in Lending Act (15 U.S.C. (C) by inserting before subsection (d), as so ‘‘(B) $5,000; and 1665b(b)) is amended— designated by this section, the following new ‘‘(2) costs and attorneys’ fees.’’. (A) by striking ‘‘If any’’ and inserting the fol- subsections: SEC. 204. AUTOMATIC STAY. lowing: ‘‘(b) CARDS NOT NECESSITATING UNIQUE IDEN- Section 362(h) of title 11, United States Code, ‘‘(1) IN GENERAL.—If any’’; and TIFIER.—A consumer shall be liable for an unau- is amended to read as follows: (B) by adding at the end the following: thorized electronic fund transfer only if— ‘‘(h)(1) An individual who is injured by any ‘‘(2) CREDIT IN EXCESS OF FAIR MARKET ‘‘(1) the liability is not in excess of $50; willful violation of a stay provided in this sec- VALUE.—Each advertisement described in sub- ‘‘(2) the unauthorized electronic fund transfer tion shall be entitled to recover— section (a) that relates to an extension of credit is initiated by the use of a card that has been ‘‘(A) actual damages; and that may exceed the fair market value of the properly issued to a consumer other than the ‘‘(B) reasonable costs, including attorneys’ dwelling shall include a clear and conspicuous person making the unauthorized transfer as a fees. statement that— means of access to the account of that consumer ‘‘(2) In addition to recovering actual damages, ‘‘(A) the interest on the portion of the credit for the purpose of initiating an electronic fund costs, and attorneys’ fees under paragraph (1), extension that is greater than the fair market transfer; an individual described in paragraph (1) may value of the dwelling is not tax deductible for ‘‘(3) the unauthorized electronic fund transfer recover punitive damages in appropriate cir- Federal income tax purposes; and occurs before the card issuer has been notified cumstances.’’. ‘‘(B) the consumer may want to consult a tax that an unauthorized use of the card has oc- SEC. 205. DISCHARGE. advisor for further information regarding the curred or may occur as the result of loss, theft, Section 727 of title 11, United States Code, is deductibility of interest and charges.’’. or otherwise; and amended— (b) NON-OPEN END CREDIT EXTENSIONS.— ‘‘(4) such unauthorized electronic fund trans- (1) in subsection (c), by adding at the end the (1) CREDIT APPLICATIONS.—Section 128 of the fer did not require the use of a code or other following: Truth in Lending Act (15 U.S.C. 1638) is amend- unique identifier (other than a signature), such ‘‘(3)(A) A creditor may not request a deter- ed— as a photograph, fingerprint, or retina scan. mination of dischargeability of a consumer debt (A) in subsection (a), by adding at the end the ‘‘(c) NOTICE OF LIABILITY AND RESPONSIBILITY under subsection (a) if— following: TO REPORT LOSS OF CARD, CODE, OR OTHER

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MEANS OF ACCESS.—No consumer shall be liable ance with section 127(b)(11) of the Truth in ‘‘(7) in a case concerning an individual, if the under this title for any unauthorized electronic Lending Act, as added by this paragraph. consideration for such agreement is based in fund transfer unless the consumer has received (C) CIVIL LIABILITY.—Section 130(a) of the whole or in part on an unsecured consumer in a timely manner the notice required under Truth in Lending Act (15 U.S.C. 1640(a)) is debt, or is based in whole or in part upon a debt section 905(a)(1), and any subsequent notice re- amended, in the undesignated paragraph fol- for an item of personalty the value of which at quired under section 905(b) with regard to any lowing paragraph (4), by striking the second point of purchase was $250 or less, and in which change in the information which is the subject sentence and inserting the following: ‘‘In con- the creditor asserts a purchase money security of the notice required under section 905(a)(1).’’. nection with the disclosures referred to in sub- interest, the court, approves such agreement (2) CONFORMING AMENDMENT.—Section sections (a) and (b) of section 1637 of this title, as— 905(a)(1) of the Electronic Fund Transfer Act (15 a creditor shall have a liability determined ‘‘(A) in the best interest of the debtor in light U.S.C. 1693c(a)(1)) is amended to read as fol- under paragraph (2) only for failing to comply of the debtor’s income and expenses; lows: with the requirements of section 1635, 1637(a), or ‘‘(B) not imposing an undue hardship on the ‘‘(1) the liability of the consumer for any un- of paragraph (4), (5), (6), (7), (8), (9), (10), or debtor’s future ability of the debtor to pay for authorized electronic fund transfer and the re- (11) of section 1637(b) or for failing to comply the needs of children and other dependents (in- quirement for promptly reporting any loss, theft, with disclosure requirements under State law for cluding court ordered support); or unauthorized use of a card, code, or other any term or item that the Board has determined ‘‘(C) not requiring the debtor to pay the credi- means of access in order to limit the liability of to be substantially the same in meaning under tor’s attorney’s fees, expenses or other costs re- the consumer for any such unauthorized trans- section 1610(a)(2) as any of the terms or items lating to the collection of the debt; fer;’’. referred to in section 1637(a), paragraph (4), (5), ‘‘(D) not entered into to protect property that (b) VALIDATION REQUIREMENT FOR DUAL-USE (6), (7), (8), (9), (10), or (11) of section 1637(b) of is necessary for the care and maintenance of DEBIT CARDS.— this title.’’. children or other dependents that would have (1) IN GENERAL.—Section 911 of the Electronic (2) DISCLOSURES IN CONNECTION WITH SOLICI- nominal value on repossession; Fund Transfer Act (15 U.S.C. 1693i) is amend- TATIONS.— ‘‘(E) not entered into after coercive threats or ed— (A) IN GENERAL.—Section 127(c)(1)(B) of the actions by the creditor in the creditor’s course of (A) by redesignating subsection (c) as sub- Truth in Lending Act (15 U.S.C. 1637(c)(1)(B)) is dealings with the debtor. section (d); and amended by adding the following: ‘‘(F) not unfair because excessive in amount (B) by inserting after subsection (b) the fol- ‘‘(iv) CREDIT WORKSHEET.—An easily under- based upon the value of the collateral.’’. lowing new subsection: standable credit worksheet designed to aid con- (3) in subsection (d)(2) by striking ‘‘sub- ‘‘(c) VALIDATION REQUIREMENT.—No person sumers in determining their ability to assume sections (c)(6)’’ and inserting ‘‘subsections (c)(6) may issue a card described in subsection (a), the more debt, including consideration of the per- and (c)(7)’’, and after ‘‘of this section,’’ by use of which to initiate an electronic fund sonal expenses of the consumer and a simple striking ‘‘if the consideration for such agree- transfer does not require the use of a code or formula for the consumer to determine whether ment is based in whole or in part on a consumer other unique identifier other than a signature the assumption of additional debt is advisable. debt that is not secured by real property of the (such as a fingerprint or retina scan), unless— ‘‘(v) BASIS OF PREAPPROVAL.—In any case in debtor’’ and adding at the end: ‘‘as applicable’’. ‘‘(1) the requirements of paragraphs (1) which the application or solicitation states that SEC. 212. SENSE OF THE SENATE REGARDING THE through (4) of subsection (b) are met; and the consumer has been preapproved for an ac- HOMESTEAD EXEMPTION. ‘‘(2) the issuer has provided to the consumer a count under an open end consumer credit plan, (a) FINDINGS.—The Senate finds that— clear and conspicuous disclosure that use of the the following statement must appear in a clear (1) one of the most flagrant abuses of the card may not require the use of such code or and conspicuous manner: ‘Your preapproval for bankruptcy system involves misuse of the home- other unique identifier.’’. this credit card does not mean that we have re- stead exemption, which allows a debtor to ex- (2) TECHNICAL AND CONFORMING AMEND- viewed your individual financial circumstances. empt his or her home, up to a certain value, as MENT.—Section 911(d) of the Electronic Fund You should review your own budget before ac- established by State law, from being sold off to Transfer Act (15 U.S.C. 1993i(d)) (as redesig- cepting this offer of credit.’. satisfy debts; nated by subsection (a)(1) of this section) is ‘‘(vi) AVAILABILITY OF CREDIT REPORT.—That (2) while the vast majority of States respon- amended by striking ‘‘For the purpose of sub- the consumer is entitled to a copy of his or her sibly cap the exemption at not more than section (b)’’ and inserting ‘‘For purposes of sub- credit report in accordance with the Fair Credit $40,000, 5 States exempt homes regardless of sections (b) and (c)’’. Reporting Act.’’. their value; (3) in the few States with unlimited homestead SEC. 209. ENHANCED DISCLOSURES UNDER AN (B) PUBLICATION OF MODEL FORMS.—Not later OPEN END CREDIT PLAN. than 180 days after the date of enactment of this exemptions, debtors can shield their assets in (a) AMENDMENTS TO THE TRUTH IN LENDING Act, the Board of Governors of the Federal Re- luxury homes while legitimate creditors get little ACT.— serve System shall publish model disclosure or nothing; (1) ENHANCED DISCLOSURE OF REPAYMENT forms in accordance with section 195 of the (4) beneficiaries of the homestead exemption TERMS.— Truth in Lending Act for the purpose of compli- include convicted insider traders and savings (A) IN GENERAL.—Section 127(b) of the Truth ance with section 127(c)(1)(B) of the Truth in and loan criminals, while shortchanged credi- in Lending Act (15 U.S.C. 1637(b)) is amended by Lending Act, as amended by this paragraph. tors include children, spouses, governments, and adding at the end the following: banks; and (b) EFFECTIVE DATE.—The provisions of this (5) the homestead exemption should be capped ‘‘(11)(A) In a clear and conspicuous manner, section shall become effective on January 1, at $100,000 to prevent such high-profile abuses. repayment information that would apply to the 2001. outstanding balance of the consumer under the (b) SENSE OF THE SENATE.—It is the sense of credit plan, including— SEC. 210. VIOLATIONS OF THE AUTOMATIC STAY. the Senate that— ‘‘(i) the required minimum monthly payment (a) Section 362(a) is amended by adding after (1) meaningful bankruptcy reform cannot be on that balance, represented as both a dollar paragraph (8) the following: achieved without capping the homestead exemp- figure and a percentage of that balance; ‘‘(9) any communication threatening a debtor, tion; and ‘‘(ii) the number of months (rounded to the at any time after the commencement and before (2) bankruptcy reform legislation should in- nearest month) that it would take to pay the en- the granting of a discharge in a case under this clude a cap of $100,000 on the homestead exemp- tire amount of that current balance if the con- title, an intention to file a motion to determine tion to the bankruptcy laws. sumer pays only the required minimum monthly the dischargeability of a debt, or to file a motion SEC. 213. ENCOURAGING CREDITWORTHINESS. payments and if no further advances are made; under section 707(b) of title 11, United States (a) SENSE OF THE CONGRESS.—It is the sense of ‘‘(iii) the total cost to the consumer, including Code, to dismiss or convert a case, or to repos- the Congress that— interest and principal payments, of paying that sess collateral from the debtor to which the stay (1) certain lenders may sometimes offer credit balance in full if the consumer pays only the re- applies.’’. to consumers indiscriminately, without taking quired minimum monthly payments and if no SEC. 211. DISCOURAGING ABUSIVE REAFFIRMA- steps to ensure that consumers are capable of re- further advances are made; and TION PRACTICES. paying the resulting debt, and in a manner ‘‘(iv) the following statement: ‘If your current Section 524 of title 11, United States Code, is which may encourage certain consumers to ac- rate is a temporary introductory rate, your total amended— cumulate additional debt; and costs may be higher.’. (1) in subsection (c)(2)(B) by adding at the (2) resulting consumer debt may increasingly ‘‘(B) In making the disclosures under sub- end the following: be a major contributing factor to consumer in- paragraph (A) the creditor shall apply the an- ‘‘(C) such agreement contains a clear and con- solvency. nual interest rate that applies to that balance spicuous statement which advises the debtor (b) STUDY REQUIRED.—The Board of Gov- with respect to the current billing cycle for that what portion of the debt to be reaffirmed is at- ernors of the Federal Reserve System (hereafter consumer in effect on the date on which the dis- tributable to principal, interest, late fees, credi- in this section referred to as the ‘‘Board’’) shall closure is made.’’. tor’s attorneys fees, expenses or other costs re- conduct a study of— (B) PUBLICATION OF MODEL FORMS.—Not later lating to the collection of the debt.’’. (1) consumer credit industry practices of solic- than 180 days after the date of enactment of this (2)(A) in subsection (c)(6)(B), by inserting iting and extending credit— Act, the Board of Governors of the Federal Re- after ‘‘real property’’ the following: ‘‘or is a (A) indiscriminately; serve System shall publish model disclosure debt described in subsection (c)(7)’’; and (B) without taking steps to ensure that con- forms in accordance with section 195 of the (B) by adding at the end of subsection (c) the sumers are capable of repaying the resulting Truth in Lending Act for the purpose of compli- following: debt; and

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10771 (C) in a manner that encourages consumers to ‘‘(1) A brief description of chapters 7, 11, 12, ‘‘(d)(1) A statement referred to in subsection accumulate additional debt; and and 13 and the general purpose, benefits, and (c)(4) shall disclose— (2) the effects of such practices on consumer costs of proceeding under each of those chap- ‘‘(A) the amount and sources of income of the debt and insolvency. ters. debtor; (c) REPORT AND REGULATIONS.—Not later than ‘‘(2) A brief description of services that may be ‘‘(B) the identity of any persons responsible 24 months after the date of enactment of this available to that individual from a credit coun- with the debtor for the support of any depend- Act, the Board— seling service that is approved by the United ents of the debtor; and (1) shall make public a report on its findings States trustee or the bankruptcy administrator ‘‘(C) the identity of any persons who contrib- with respect to the credit industry’s indiscrimi- for that district.’’. uted, and the amount contributed, to the house- nate solicitation and extension of credit; (b) DEBTOR’S DUTIES.—Section 521 of title 11, hold in which the debtor resides. (2) may issue regulations that would require United States Code, is amended— ‘‘(2) The tax returns, amendments, and state- additional disclosures to consumers; and (1) by inserting ‘‘(a)’’ before ‘‘The debtor ment of income and expenditures described in (3) may take any other actions, consistent shall—’’; paragraph (1) shall be available to the United with its existing statutory authority, that the (2) by striking paragraph (1) and inserting the States trustee, any bankruptcy administrator, Board finds necessary to ensure responsible in- following: any trustee, and any party in interest for in- ‘‘(1) file— dustrywide practices and to prevent resulting spection and copying, subject to the require- consumer debt and insolvency. ‘‘(A) a list of creditors; and ‘‘(B) unless the court orders otherwise— ments of subsection (e). SEC. 214. TREASURY DEPARTMENT STUDY RE- ‘‘(i) a schedule of assets and liabilities; ‘‘(e)(1) Not later than 30 days after the date of GARDING SECURITY INTERESTS ‘‘(ii) a schedule of current income and current enactment of the Consumer Bankruptcy Reform UNDER AN OPEN END CREDIT PLAN. expenditures; Act of 1998, the Director of the Administrative (a) STUDY.—Within 180 days of the enactment ‘‘(iii) a statement of the debtor’s financial af- Office of the United States Courts shall estab- of this Act, the Federal Reserve Board in con- fairs and, if applicable, a certificate— lish procedures for safeguarding the confiden- sultation with the Treasury Department, the ‘‘(I) of an attorney whose name is on the peti- tiality of any tax information required to be pro- general credit industry, and consumer groups, tion as the attorney for the debtor or any bank- vided under this section. shall prepare a study regarding the adequacy of ruptcy petition preparer signing the petition ‘‘(2) The procedures under paragraph (1) shall information received by consumers regarding the pursuant to section 110(b)(1) indicating that include restrictions on creditor access to tax in- creation of security interests under open end such attorney or bankruptcy petition preparer formation that is required to be provided under credit plans. delivered to the debtor any notice required by this section. (b) FINDINGS.—This study shall include the section 342(b); or ‘‘(3) Not later than 1 year after the date of en- Board’s findings regarding— ‘‘(II) if no attorney for the debtor is indicated actment of the Consumer Bankruptcy Reform (1) whether consumers understand at the time and no bankruptcy petition preparer signed the Act of 1998, the Director of the Administrative of purchase of property under an open end cred- petition, of the debtor that such notice was ob- Office of the United States Courts shall prepare, it plan that such property may serve as collat- tained and read by the debtor; and submit to Congress a report that— eral under that credit plan; ‘‘(iv) copies of any Federal tax returns, in- ‘‘(A) assesses the effectiveness of the proce- (2) whether consumers understand at the time cluding any schedules or attachments, filed by dures under paragraph (1); and of purchase the legal consequences of disposing the debtor for the 3-year period preceding the ‘‘(B) if appropriate, includes proposed legisla- of property that is purchased under an open order for relief; tion— end credit plan and is subject to a security in- ‘‘(v) copies of all payment advices or other ‘‘(i) to further protect the confidentiality of terest under that plan; and evidence of payment, if any, received by the tax information; and (3) whether creditors holding security interests debtor from any employer of the debtor in the ‘‘(ii) to provide penalties for the improper use in property purchased under an open end credit period 60 days prior to the filing of the petition; by any person of the tax information required to plan use such security interests to coerce re- ‘‘(vi) a statement of the amount of projected be provided under this section. affirmations of existing debts under section 524 monthly net income, itemized to show how cal- ‘‘(f) If requested by the United States trustee of the United States Bankruptcy Code. culated; and or a trustee serving in the case, the debtor pro- In formulating these findings, the Board shall ‘‘(vii) a statement disclosing any reasonably vide a document that establishes the identity of consider, among other factors it deems relevant, anticipated increase in income or expenditures the debtor, including a driver’s license, pass- prevailing industry practices in this area. over the 12-month period following the date of port, or other document that contains a photo- (c) DISCLOSURE RECOMMENDATIONS.—This filing;’’; and graph of the debtor and such other personal study shall also include the Board’s rec- (3) by adding at the end the following: identifying information relating to the debtor ommendations regarding the utility and practi- ‘‘(b)(1) At any time, a creditor, in the case of that establishes the identity of the debtor.’’. cality of additional disclosures by credit card an individual under chapter 7 or 13, may file (c) TITLE 28.—Section 586(a) of title 28, United issuers at the time of purchase regarding secu- with the court notice that the creditor requests States Code, is amended— rity interests under open end credit plans, in- the petition, schedules, and a statement of af- (1) in paragraph (5), by striking ‘‘and’’ at the cluding, but not limited to— fairs filed by the debtor in the case and the end; (1) disclosures of the specific property in court shall make those documents available to (2) in paragraph (6), by striking the period at which the creditor will receive a security inter- the creditor who requests those documents. the end and inserting ‘‘; and’’; and est; ‘‘(2) At any time, a creditor, in a case under (3) by adding at the end the following: (2) disclosures of the consequences of non- chapter 13, may file with the court notice that ‘‘(7) on or before January 1 of each calendar payment of the card balance, including how the the creditor requests the plan filed by the debtor year, and also not later than 30 days after any security interest may be enforced; and in the case and the court shall make that plan change in the nonprofit debt counseling services (3) disclosures of the process by which pay- available to the creditor who requests that plan. registered with the bankruptcy court, prescribe ments made on the card will be credited with re- ‘‘(c) An individual debtor in a case under and make available on request the notice de- spect to the lien created by the security contract chapter 7 or 13 shall file with the court— scribed in section 342(b)(3) of title 11 for each and other debts on the card. ‘‘(1) at the time filed with the taxing author- district included in the region.’’. (d) SUBMISSION OF REPORT.—The Board shall ity, all tax returns, including any schedules or attachments, with respect to the period from the SEC. 302. FAIR TREATMENT OF SECURED CREDI- submit this report to the Senate Committee on TORS UNDER CHAPTER 13. commencement of the case until such time as the the Judiciary, the Senate Committee on Bank- (a) RESTORING THE FOUNDATION FOR SECURED case is closed; ing, Housing, and Urban Affairs, the House CREDIT.—Section 1325(a) of title 11, United Committee on the Judiciary, and the House ‘‘(2) at the time filed with the taxing author- ity, all tax returns, including any schedules or States Code, is amended— Committee on Banking and Financial Services (1) in paragraph (5), by striking the matter attachments, that were not filed with the taxing within the time allotted by this section. preceding subparagraph (A) and inserting the authority when the schedules under subsection TITLE III—IMPROVED PROCEDURES FOR following: (a)(1) were filed with respect to the period that EFFICIENT ADMINISTRATION OF THE ‘‘(5) with respect to an allowed claim provided is 3 years before the order for relief; BANKRUPTCY SYSTEM ‘‘(3) any amendments to any of the tax re- for by the plan that is secured under applicable SEC. 301. NOTICE OF ALTERNATIVES. turns, including schedules or attachments, de- nonbankruptcy law by reason of a lien on prop- (a) IN GENERAL.—Section 342 of title 11, scribed in paragraph (1) or (2); and erty in which the estate has an interest or is United States Code, is amended by striking sub- ‘‘(4) in a case under chapter 13, a statement subject to a setoff under section 553—’’; and section (b) and inserting the following: subject to the penalties of perjury by the debtor (2) by adding at the end of the subsection the ‘‘(b) Before the commencement of a case under of the debtor’s income and expenditures in the following flush sentence: this title by an individual whose debts are pri- preceding tax year and monthly income, that ‘‘For purposes of paragraph (5), section 506 marily consumer debts, that individual shall be shows how the amounts are calculated— shall not apply to a claim described in that given or obtain (as required in section 521(a)(1), ‘‘(A) beginning on the date that is the later of paragraph.’’. as part of the certification process under sub- 90 days after the close of the debtor’s tax year (b) PAYMENT OF HOLDERS OF CLAIMS SECURED chapter 1 of chapter 5) a written notice pre- or 1 year after the order for relief, unless a plan BY LIENS.—Section 1325(a)(5)(B)(i) of title 11, scribed by the United States trustee for the dis- has been confirmed; and United States Code, is amended to read as fol- trict in which the petition is filed pursuant to ‘‘(B) thereafter, on or before the date that is lows: section 586 of title 28. The notice shall contain 45 days before each anniversary of the con- ‘‘(B)(i) the plan provides that the holder of the following: firmation of the plan until the case is closed. such claim retain the lien securing such claim

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10772 CONGRESSIONAL RECORD — SENATE September 23, 1998 until the debt that is the subject of the claim is terminating, conditioning, or limiting the stay lessee will be surrendered or abandoned or no fully paid for, as provided under the plan; with respect to actions of that creditor. payments will be made under the plan on ac- and’’. ‘‘(5)(A) If a request is made for relief from the count of the debtor’s obligations under the (c) DETERMINATION OF SECURED STATUS.—Sec- stay under subsection (a) with respect to real or lease.’’. tion 506 of title 11, United States Code, is personal property of any kind, and the request SEC. 306. IMPROVED BANKRUPTCY STATISTICS. amended by adding at the end the following: is granted in whole or in part, the court may, in (a) AMENDMENT.—Chapter 6 of part I of title ‘‘(e) Subsection (a) shall not apply to an al- addition to making any other order under this 28, United States Code, is amended by adding at lowed claim to the extent attributable in whole subsection, order that the relief so granted shall the end the following: or in part to the purchase price of personal be in rem either— ‘‘§ 159. Bankruptcy statistics property acquired by the debtor during the 90- ‘‘(i) for a definite period of not less than 1 ‘‘(a) The clerk of each district shall compile day period preceding the date of filing of the pe- year; or statistics regarding individual debtors with pri- tition.’’. ‘‘(ii) indefinitely. marily consumer debts seeking relief under ‘‘(B)(i) After an order is issued under sub- SEC. 303. DISCOURAGEMENT OF BAD FAITH RE- chapters 7, 11, and 13 of title 11. Those statistics paragraph (A), the stay under subsection (a) PEAT FILINGS. shall be in a form prescribed by the Director of shall not apply to any property subject to such Section 362(c) of title 11, United States Code, the Administrative Office of the United States an in rem order in any case of the debtor. is amended— Courts (referred to in this section as the ‘Of- ‘‘(ii) If an in rem order issued under subpara- (1) by inserting ‘‘(1)’’ before ‘‘Except as’’; fice’). (2) by striking ‘‘(1) the stay’’ and inserting graph (A) so provides, the stay shall, in addi- ‘‘(b) The Director shall— ‘‘(A) the stay’’; tion to being inapplicable to the debtor involved, ‘‘(1) compile the statistics referred to in sub- (3) by striking ‘‘(2) the stay’’ and inserting not apply with respect to an entity under this section (a); ‘‘(B) the stay’’; title if— ‘‘(2) make the statistics available to the pub- (4) by striking ‘‘(A) the time’’ and inserting ‘‘(I) the entity had reason to know of the lic; and ‘‘(i) the time’’; order at the time that the entity obtained an in- ‘‘(3) not later than October 31, 1998, and an- (5) by striking ‘‘(B) the time’’ and inserting terest in the property affected; or nually thereafter, prepare, and submit to Con- ‘‘(ii) the time’’; and ‘‘(II) the entity was notified of the commence- gress a report concerning the information col- (6) by adding at the end the following: ment of the proceeding for relief from the stay, lected under subsection (a) that contains an ‘‘(2) Except as provided in subsections (d) and at the time of the notification, no case in analysis of the information. through (f), the stay under subsection (a) with which the entity was a debtor was pending. ‘‘(c) The compilation required under sub- respect to any action taken with respect to a ‘‘(6) For purposes of this section, a case is section (b) shall— debt or property securing such debt or with re- pending during the period beginning with the ‘‘(1) be itemized, by chapter, with respect to spect to any lease shall terminate with respect issuance of the order for relief and ending at title 11; to the debtor on the 30th day after the filing of such time as the case involved is closed.’’. ‘‘(2) be presented in the aggregate and for the later case if— SEC. 304. TIMELY FILING AND CONFIRMATION OF each district; and ‘‘(A) a single or joint case is filed by or PLANS UNDER CHAPTER 13. ‘‘(3) include information concerning— ‘‘(A) the total assets and total liabilities of the against an individual debtor under chapter 7, (a) FILING OF PLAN.—Section 1321 of title 11, 11, or 13; and United States Code, is amended to read as fol- debtors described in subsection (a), and in each ‘‘(B) a single or joint case of that debtor lows: category of assets and liabilities, as reported in (other than a case refiled under a chapter other the schedules prescribed pursuant to section than chapter 7 after dismissal under section ‘‘§ 1321. Filing of plan 2075 of this title and filed by those debtors; 707(b)) was pending during the preceding year ‘‘The debtor shall file a plan not later than 90 ‘‘(B) the current total monthly income, pro- but was dismissed. days after the order for relief under this chap- jected monthly net income, and average income ‘‘(3) If a party in interest so requests, the ter, except that the court may extend such pe- and average expenses of those debtors as re- court may extend the stay in a particular case riod if the need for an extension is attributable ported on the schedules and statements that with respect to 1 or more creditors (subject to to circumstances for which the debtor should each such debtor files under sections 111, 521, such conditions or limitations as the court may not justly be held accountable.’’. and 1322 of title 11; impose) after providing notice and a hearing (b) CONFIRMATION OF HEARING.—Section 1324 ‘‘(C) the aggregate amount of debt discharged completed before the expiration of the 30-day pe- of title 11, United States Code, is amended by in the reporting period, determined as the dif- riod described in paragraph (2) only if the party adding at the end the following: ‘‘That hearing ference between the total amount of debt and in interest demonstrates that the filing of the shall be held not later than 45 days after the fil- obligations of a debtor reported on the schedules later case is in good faith with respect to the ing of the plan, unless the court, after providing and the amount of such debt reported in cat- creditors to be stayed. notice and a hearing, orders otherwise.’’. egories which are predominantly nondischarge- ‘‘(4) A case shall be presumed to have not been SEC. 305. APPLICATION OF THE CODEBTOR STAY able; filed in good faith (except that such presump- ONLY WHEN THE STAY PROTECTS ‘‘(D) the average period of time between the tion may be rebutted by clear and convincing THE DEBTOR. filing of the petition and the closing of the case; evidence to the contrary)— Section 1301(b) of title 11, United States Code, ‘‘(E) for the reporting period— ‘‘(i) the number of cases in which a reaffirma- ‘‘(A) with respect to the creditors involved, is amended— tion was filed; and if— (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and ‘‘(ii)(I) the total number of reaffirmations ‘‘(i) more than 1 previous case under any of (2) by adding at the end the following: ‘‘(2)(A) Notwithstanding subsection (c) and filed; chapters 7, 11, or 13 in which the individual was ‘‘(II) of those cases in which a reaffirmation except as provided in subparagraph (B), in any a debtor was pending during the 1-year period was filed, the number in which the debtor was case in which the debtor did not receive the con- described in paragraph (1); not represented by an attorney; and sideration for the claim held by a creditor, the ‘‘(ii) a previous case under any of chapters 7, ‘‘(III) of those cases, the number of cases in stay provided by subsection (a) shall apply to 11, or 13 in which the individual was a debtor which the reaffirmation was approved by the that creditor for a period not to exceed 30 days was dismissed within the period specified in court; paragraph (2) after— beginning on the date of the order for relief, to ‘‘(F) with respect to cases filed under chapter ‘‘(I) the debtor, after having received from the the extent the creditor proceeds against— 13 of title 11, for the reporting period— court a request to do so, failed to file or amend ‘‘(i) the individual that received that consider- ‘‘(i)(I) the number of cases in which a final the petition or other documents as required by ation; or order was entered determining the value of this title; or ‘‘(ii) property not in the possession of the property securing a claim in an amount less ‘‘(II) the debtor, without substantial excuse, debtor that secures that claim. than the amount of the claim; and failed to perform the terms of a plan that was ‘‘(B) Notwithstanding subparagraph (A), the ‘‘(II) the number of final orders determining confirmed by the court; or stay provided by subsection (a) shall apply in the value of property securing a claim issued; ‘‘(iii)(I) during the period commencing with any case in which the debtor is primarily obli- ‘‘(ii) the number of cases dismissed for failure the dismissal of the next most previous case gated to pay the creditor in whole or in part to make payments under the plan; and under chapter 7, 11, or 13 there has not been a with respect to a claim described in subpara- ‘‘(iii) the number of cases in which the debtor substantial change in the financial or personal graph (A) under a legally binding separation or filed another case within the 6 years previous to affairs of the debtor; property settlement agreement or divorce or dis- the filing; and ‘‘(II) if the case is a chapter 7 case, there is no solution decree with respect to— ‘‘(G) the extent of creditor misconduct and other reason to conclude that the later case will ‘‘(i) an individual described in subparagraph any amount of punitive damages awarded by be concluded with a discharge; or (A)(i); or the court for creditor misconduct.’’. ‘‘(III) if the case is a chapter 11 or 13 case, ‘‘(ii) property described in subparagraph (b) CLERICAL AMENDMENT.—The table of sec- there is not a confirmed plan that will be fully (A)(ii). tions at the beginning of chapter 6 of title 28, performed; and ‘‘(3) Notwithstanding subsection (c), the stay United States Code, is amended by adding at the ‘‘(B) with respect to any creditor that com- provided by subsection (a) shall terminate as of end the following: menced an action under subsection (d) in a pre- the date of confirmation of the plan, in any case ‘‘159. Bankruptcy statistics.’’. vious case in which the individual was a debtor, in which the plan of the debtor provides that (c) EFFECTIVE DATE.—The amendments made if, as of the date of dismissal of that case, that the debtor’s interest in personal property subject by this section shall take effect 18 months after action was still pending or had been resolved by to a lease with respect to which the debtor is the the date of enactment of this Act.

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SEC. 307. AUDIT PROCEDURES. (d) EFFECTIVE DATE.—The amendments made shall not be brought to the attention of the cred- (a) AMENDMENTS.—Section 586 of title 28, by this section shall take effect 18 months after itor until that notice is received by that person United States Code, is amended— the date of enactment of this Act. or department.’’. (1) in subsection (a), as amended by section SEC. 308. CREDITOR REPRESENTATION AT FIRST SEC. 310. STOPPING ABUSIVE CONVERSIONS 301 of this Act, by striking paragraph (6) and MEETING OF CREDITORS. FROM CHAPTER 13. inserting the following: Section 341(c) of title 11, United States Code, Section 348(f)(1) of title 11, United States ‘‘(6) make such reports as the Attorney Gen- is amended by inserting after the first sentence Code, is amended— eral directs, including the results of audits per- the following: ‘‘Notwithstanding any local court (1) in subparagraph (A), by striking ‘‘and’’ at formed under subsection (f); and’’; and rule, provision of a State constitution, any other the end; (2) by adding at the end the following: Federal or State law that is not a bankruptcy (2) in subparagraph (B)— ‘‘(f)(1)(A) The Attorney General shall estab- law, or other requirement that representation at (A) by striking ‘‘in the converted case, with lish procedures to determine the accuracy and the meeting of creditors under subsection (a) be allowed secured claims’’ and inserting ‘‘only in completeness of petitions, schedules, and other by an attorney, a creditor holding a consumer a case converted to chapter 11 or 12 but not in information which the debtor is required to pro- debt or any representative of the creditor (which a case converted to chapter 7, with allowed se- vide under sections 521 and 1322 of title 11, and, may include an entity or an employee of an en- cured claims in cases under chapters 11 and 12’’; if applicable, section 111 of title 11, in individual tity and may be a representative for more than and cases filed under chapter 7 or 13 of such title. ‘‘(B) Those procedures shall— one creditor) shall be permitted to appear at and (B) by striking the period and inserting ‘‘; ‘‘(i) establish a method of selecting appro- participate in the meeting of creditors in a case and’’; and priate qualified persons to contract to perform under chapter 7 or 13, either alone or in con- (3) by adding at the end the following: those audits; junction with an attorney for the creditor. ‘‘(C) with respect to cases converted from ‘‘(ii) establish a method of randomly selecting Nothing in this subsection shall be construed to chapter 13, the claim of any creditor holding se- cases to be audited, except that not less than 1 require any creditor to be represented by an at- curity as of the date of the petition shall con- out of every 500 cases in each Federal judicial torney at any meeting of creditors.’’. tinue to be secured by that security unless the district shall be selected for audit; SEC. 309. FAIR NOTICE FOR CREDITORS IN CHAP- full amount of that claim determined under ap- ‘‘(iii) require audits for schedules of income TER 7 AND 13 CASES. plicable nonbankruptcy law has been paid in and expenses which reflect greater than average Section 342 of title 11, United States Code, is full as of the date of conversion, notwith- variances from the statistical norm of the dis- amended— standing any valuation or determination of the trict in which the schedules were filed; and (1) in subsection (c), by striking ‘‘, but the amount of an allowed secured claim made for ‘‘(iv) establish procedures for providing, not failure of such notice to contain such informa- the purposes of the chapter 13 proceeding.’’. less frequently than annually, public informa- tion shall not invalidate the legal effect of such SEC. 311. PROMPT RELIEF FROM STAY IN INDI- tion concerning the aggregate results of such notice’’; and VIDUAL CASES. audits including the percentage of cases, by dis- (2) by adding at the end the following: Section 362(e) of title 11, United States Code, trict, in which a material misstatement of in- ‘‘(d)(1) If the credit agreement between the is amended— come or expenditures is reported. debtor and the creditor or the last communica- (1) by inserting ‘‘(1)’’ after ‘‘(e)’’; and ‘‘(2) The United States trustee for each district tion before the filing of the petition in a vol- (2) by adding at the end the following: is authorized to contract with auditors to per- untary case from the creditor to a debtor who is ‘‘(2) Notwithstanding paragraph (1), in the form audits in cases designated by the United an individual states an account number of the case of an individual filing under chapter 7, 11, States trustee according to the procedures estab- debtor that is the current account number of the or 13, the stay under subsection (a) shall termi- lished under paragraph (1). debtor with respect to any debt held by the cred- nate on the date that is 60 days after a request ‘‘(3)(A) The report of each audit conducted itor against the debtor, the debtor shall include is made by a party in interest under subsection under this subsection shall be filed with the that account number in any notice to the cred- (d), unless— court and transmitted to the United States trust- itor required to be given under this title. ‘‘(A) a final decision is rendered by the court ee. Each report shall clearly and conspicuously ‘‘(2) If the creditor has specified to the debtor, during the 60-day period beginning on the date specify any material misstatement of income or in the last communication before the filing of of the request; or expenditures or of assets identified by the per- the petition, an address at which the creditor ‘‘(B) that 60-day period is extended— son performing the audit. In any case where a wishes to receive correspondence regarding the ‘‘(i) by agreement of all parties in interest; or material misstatement of income or expenditures debtor’s account, any notice to the creditor re- ‘‘(ii) by the court for such specific period of or of assets has been reported, the clerk of the quired to be given by the debtor under this title time as the court finds is required for good bankruptcy court shall give notice of the shall be given at such address. cause.’’. misstatement to the creditors in the case. ‘‘(3) For purposes of this section, the term ‘no- SEC. 312. DISMISSAL FOR FAILURE TO TIMELY ‘‘(B) If a material misstatement of income or tice’ shall include— FILE SCHEDULES OR PROVIDE RE- expenditures or of assets is reported the United ‘‘(A) any correspondence from the debtor to QUIRED INFORMATION. States trustee shall— the creditor after the commencement of the case; Section 707 of title 11, United States Code, as ‘‘(i) report the material misstatement, if ap- ‘‘(B) any statement of the debtor’s intention amended by section 102 of this Act, is amended propriate, to the United States Attorney pursu- under section 521(a)(2); by adding at the end the following: ant to section 3057 of title 18, United States ‘‘(C) notice of the commencement of any pro- ‘‘(c)(1) Notwithstanding subsection (a), and Code; and ceeding in the case to which the creditor is a subject to paragraph (2), if an individual debtor ‘‘(ii) if advisable, take appropriate action, in- party; and in a voluntary case under chapter 7 or 13 fails cluding but not limited to commencing an adver- ‘‘(D) any notice of a hearing under section to file all of the information required under sec- sary proceeding to revoke the debtor’s discharge 1324. tion 521(a)(1) within 45 days after the filing of pursuant to section 727(d) of title 11, United ‘‘(e)(1) At any time, a creditor, in a case of an the petition commencing the case, the case shall States Code.’’. individual under chapter 7 or 13, may file with be automatically dismissed effective on the 46th (b) AMENDMENTS TO SECTION 521 OF TITLE 11, the court and serve on the debtor a notice of the day after the filing of the petition. U.S.C.—Section 521 of title 11, United States address to be used to notify the creditor in that ‘‘(2) With respect to a case described in para- Code, is amended in paragraphs (3) and (4) by case. graph (1), any party in interest may request the adding ‘‘or an auditor appointed pursuant to ‘‘(2) If the court or the debtor is required to court to enter an order dismissing the case. The section 586 of title 28, United States Code’’ after give the creditor notice, not later than 5 days court shall, if so requested, enter an order of ‘‘serving in the case’’. after receipt of the notice under paragraph (1), dismissal not later than 5 days after that re- (c) AMENDMENTS TO SECTION 727 OF TITLE 11, that notice shall be given at that address. quest. U.S.C.—Section 727(d) of title 11, United States ‘‘(f) An entity may file with the court a notice ‘‘(3) Upon request of the debtor made within Code, is amended— (1) by deleting ‘‘or’’ at the end of paragraph stating its address for notice in cases under 45 days after the filing of the petition com- (2); chapter 7 or 13. After the date that is 30 days mencing a case described in paragraph (1), the (2) by substituting ‘‘; or’’ for the period at the following the filing of that notice, any notice in court may allow the debtor an additional period end of paragraph (3); and any case filed under chapter 7 or 13 given by the of not to exceed 50 days to file the information (3) adding the following at the end of para- court shall be to that address unless specific no- required under section 521(a)(1) if the court graph (3)— tice is given under subsection (e) with respect to finds justification for extending the period for ‘‘(4) the debtor has failed to explain satisfac- a particular case. the filing.’’. torily— ‘‘(g)(1) Notice given to a creditor other than as SEC. 313. ADEQUATE TIME FOR PREPARATION ‘‘(A) a material misstatement in an audit per- provided in this section shall not be effective no- FOR A HEARING ON CONFIRMATION formed pursuant to section 586(f) of title 28, tice until that notice has been brought to the at- OF THE PLAN. United States Code; or tention of the creditor. Section 1324 of title 11, United States Code, as ‘‘(B) a failure to make available for inspection ‘‘(2) If the creditor has designated a person or amended by section 304 of this Act, is amended— all necessary accounts, papers, documents, fi- department to be responsible for receiving no- (1) by striking ‘‘After’’ and inserting the fol- nancial records, files and all other papers, tices concerning bankruptcy cases and has es- lowing: things, or property belonging to the debtor that tablished reasonable procedures so that bank- ‘‘(a) Except as provided in subsection (b) and are requested for an audit conducted pursuant ruptcy notices received by the creditor will be after’’; and to section 586(f) of title 28, United States Code.’’. delivered to that department or person, notice (2) by adding at the end the following:

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10774 CONGRESSIONAL RECORD — SENATE September 23, 1998 ‘‘(b) If not later than 5 days after receiving an amount greater than $3,000, or subject to an continued in addition to plan payments under a notice of a hearing on confirmation of the plan, unexpired lease with a remaining term of at confirmed plan until actual payments to the a creditor objects to the confirmation of the least 1 year (in any case in which the debtor creditor begin under that plan, if the confirmed plan, the hearing on confirmation of the plan owes at least $3,000 for a 1-year period), if with- plan provides— may be held no earlier than 20 days after the in 30 days after the expiration of the applicable ‘‘(1) for payments to a creditor or lessor de- first meeting of creditors under section 341(a).’’. period under section 521(a)(2)— scribed in subsection (a)(1); and SEC. 314. DISCHARGE UNDER CHAPTER 13. ‘‘(1)(A) the debtor fails to timely file a state- ‘‘(2) for the deferral of payments to such cred- Section 1328(a) of title 11, United States Code, ment of intention to surrender or retain the itor or lessor under the plan until the payment is amended by striking paragraphs (1) through property; or of amounts described in section 1326(b). ‘‘(d) Notwithstanding sections 362, 542, and (3) and inserting the following: ‘‘(B) if the debtor indicates in the filing that ‘‘(1) provided for under section 1322(b)(5); the debtor will retain the property, the debtor 543, a lessor or creditor described in subsection ‘‘(2) of the kind specified in paragraph (2), fails to meet an applicable requirement to— (a) may retain possession of property described (4), (5), (8), or (9) of section 523(a); ‘‘(i) either— in that subsection that was obtained in accord- ‘‘(3) for restitution, or a criminal fine, in- ‘‘(I) redeem the property pursuant to section ance with applicable law before the date of fil- cluded in a sentence on the debtor’s conviction 722; or ing of the petition until the first payment under of a crime; or ‘‘(II) reaffirm the debt the property secures subsection (a)(1)(A) is received by the lessor or ‘‘(4) for restitution, or damages, awarded in a pursuant to section 524(c); or creditor.’’. ‘‘(ii) assume the unexpired lease pursuant to (b) CLERICAL AMENDMENT.—The table of sec- civil action against the debtor as a result of section 365(d) if the trustee does not do so; or tions at the beginning of chapter 13 of title 11, willful or malicious injury by the debtor that ‘‘(2) the debtor fails to timely take the action United States Code, is amended by inserting caused personal injury to an individual or the specified in a statement of intention referred to after the item relating to section 1307 the fol- death of an individual.’’. in paragraph (1)(A) (as amended, if that state- lowing: SEC. 315. NONDISCHARGEABLE DEBTS. ment is amended before expiration of the period ‘‘1307A. Adequate protection in chapter 13 Section 523(a) of title 11, United States Code, for taking action), unless— cases.’’. is amended by inserting after paragraph (14) the ‘‘(A) the statement of intention specifies reaf- following: SEC. 320. LIMITATION. firmation; and Section 522 of title 11, United States Code, as ‘‘(14A) incurred to pay a debt that is non- ‘‘(B) the creditor refuses to reaffirm the debt dischargeable by reason of section 727, 1141, 1228 amended by section 207(a), is amended— on the original contract terms for the debt.’’. (1) in subsection (b)(3)(A), by inserting ‘‘sub- (a) or (b), or 1328(b), or any other provision of (b) DEBTOR’S DUTIES.—Section 521(a)(2) of ject to subsection (n),’’ before ‘‘any property’’; this subsection, where the debtor incurred the title 11, United States Code, as redesignated by and debt to pay such a nondischargeable debt with section 301(b) of this Act, is amended— (2) by adding at the end the following new the intent to discharge in bankruptcy the (1) in the matter preceding subparagraph (A), subsection: newly-created debt.’’. by striking ‘‘consumer’’; ‘‘(n)(1) Except as provided in paragraph (2), SEC. 316. CREDIT EXTENSIONS ON THE EVE OF (2) in subparagraph (B)— as a result of electing under subsection (b)(3)(A) BANKRUPTCY PRESUMED NON- (A) by striking ‘‘forty-five days after the filing to exempt property under State or local law, a DISCHARGEABLE. of a notice of intent under this section’’ and in- debtor may not exempt any amount of interest Section 523(a)(2) of title 11, United States serting ‘‘30 days after the first meeting of credi- that exceeds in the aggregate $100,000 in value Code, as amended by section 202 of this Act, is tors under section 341(a)’’; and in— amended— (B) by striking ‘‘forty-five-day period’’ and ‘‘(A) real or personal property that the debtor (1) in subparagraph (A), by striking the semi- inserting ‘‘30-day period’’; and or a dependent of the debtor uses as a residence; colon at the end and inserting the following: (3) in subparagraph (C), by inserting ‘‘, except ‘‘(B) a cooperative that owns property that ‘‘(and, for purposes of this subparagraph, con- as provided in section 362(h)’’ before the semi- the debtor or a dependent of the debtor uses as sumer debts owed in an aggregate amount great- colon. a residence; or er than or equal to $400 incurred for goods or SEC. 319. ADEQUATE PROTECTION OF LESSORS ‘‘(C) a burial plot for the debtor or a depend- services not reasonably necessary for the main- AND PURCHASE MONEY SECURED ent of the debtor. tenance or support of the debtor or a dependent CREDITORS. ‘‘(2) The limitation under paragraph (1) shall child of the debtor to a single creditor that are (a) IN GENERAL.—Chapter 13 of title 11, not apply to an exemption claimed under sub- incurred during the 90-day period preceding the United States Code, is amended by adding after section (b)(2)(A) by a family farmer for the prin- date of the order for relief shall be presumed to section 1307 the following: cipal residence of that farmer.’’. be nondischargeable under this subparagraph); ‘‘§ 1307A. Adequate protection in chapter 13 SEC. 321. MISCELLANEOUS IMPROVEMENTS. or’’; cases (a) WHO MAY BEADEBTOR.—Section 109 of (2) in subparagraph (B), by striking ‘‘or’’ at ‘‘(a)(1)(A) On or before the date that is 30 title 11, United States Code, is amended by add- the end; and days after the filing of a case under this chap- ing at the end the following: (3) by striking subparagraph (C). ter, the debtor shall make cash payments in an ‘‘(h)(1) Subject to paragraphs (2) and (3) and SEC. 317. DEFINITION OF HOUSEHOLD GOODS amount determined under paragraph (2)(A), notwithstanding any other provision of this sec- AND ANTIQUES. to— tion, an individual may not be a debtor under Not later than 180 days after the date of en- ‘‘(i) any lessor of personal property; and this title unless that individual has, during the actment of this Act, the Federal Trade Commis- ‘‘(ii) any creditor holding a claim secured by 90-day period preceding the date of filing of the sion shall promulgate regulations defining personal property to the extent that the claim is petition of that individual, received credit coun- ‘‘household goods’’ under section 522(c)(3) in a attributable to the purchase of that property by seling, including, at a minimum, participation manner suitable and appropriate for cases the debtor. in an individual or group briefing that outlined under title 11 of the United States Code. If new ‘‘(B) The debtor or the plan shall continue the opportunities for available credit counseling regulations are not effective within 180 days of making the adequate protection payments until and assisted that individual in performing an enactment of this Act, then ‘‘household goods’’ the earlier of the date on which— initial budget analysis, through a credit coun- under section 522(c)(3) shall have the meaning ‘‘(i) the creditor begins to receive actual pay- seling program (offered through an approved given that term in section 444.1(i) of title 16, of ments under the plan; or credit counseling service described in section the Code of Federal Regulations, except that the ‘‘(ii) the debtor relinquishes possession of the 111(a)) that has been approved by— term shall also include any tangible personal property referred to in subparagraph (A) to— ‘‘(A) the United States trustee; or property reasonably necessary for the mainte- ‘‘(I) the lessor or creditor; or ‘‘(B) the bankruptcy administrator for the dis- nance or support of a dependent child. ‘‘(II) any third party acting under claim of trict in which the petition is filed.’’. SEC. 318. RELIEF FROM STAY WHEN THE DEBTOR right, as applicable. ‘‘(2)(A) Paragraph (1) shall not apply with re- DOES NOT COMPLETE INTENDED ‘‘(2) The payments referred to in paragraph spect to a debtor who resides in a district for SURRENDER OF CONSUMER DEBT (1)(A) shall be determined by the court. which the United States trustee or bankruptcy COLLATERAL. ‘‘(b)(1) Subject to the limitations under para- administrator of the bankruptcy court of that (a) AUTOMATIC STAY.—Section 362 of title 11, graph (2), the court may, after notice and hear- district determines that the approved credit United States Code, as amended by section 303, ing, change the amount and timing of the dates counseling services for that district are not rea- is amended— of payment of payments made under subsection sonably able to provide adequate services to the (1) in subsection (c)(1), in the matter pre- (a). additional individuals who would otherwise ceding subparagraph (A), by striking ‘‘(e) and ‘‘(2)(A) The payments referred to in para- seek credit counseling from those programs by (f)’’ and inserting ‘‘(e), (f), and (h)’’; graph (1) shall be payable not less frequently reason of the requirements of paragraph (1). (2) by redesignating subsection (h) as sub- than monthly. ‘‘(B) Each United States trustee or bank- section (i); and ‘‘(B) The amount of a payment referred to in ruptcy administrator that makes a determina- (3) by inserting after subsection (g) the fol- paragraph (1) shall not be less than the reason- tion described in subparagraph (A) shall review lowing: able depreciation of the personal property de- that determination not later than one year after ‘‘(h) In an individual case under chapter 7, scribed in subsection (a)(1), determined on a the date of that determination, and not less fre- 11, or 13 the stay provided by subsection (a) is month-to-month basis. quently than every year thereafter. terminated with respect to property of the estate ‘‘(c) Notwithstanding section 1326(b), the pay- ‘‘(3)(A) Subject to subparagraph (B), the re- securing in whole or in part a claim that is in ments referred to in subsection (a)(1)(A) shall be quirements of paragraph (1) shall not apply

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10775 with respect to a debtor who submits to the ‘‘(2) maintain a list of instructional courses under section 3(a) (1), (3), (7), (8), and (9) of the court a certification that— concerning personal financial management that Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 ‘‘(i) describes exigent circumstances that merit are operated by a private entity and that have note) are extended until the first vacancy occur- a waiver of the requirements of paragraph (1); been approved by the United States trustee or ring in the office of a bankruptcy judge in the ‘‘(ii) states that the debtor requested credit that bankruptcy administrator.’’. applicable district resulting from the death, re- counseling services from an approved credit (2) CLERICAL AMENDMENT.—The table of sec- tirement, resignation, or removal of a bank- counseling service, but was unable to obtain the tions at the beginning of chapter 1 of title 11, ruptcy judge and occurring— services referred to in paragraph (1) during the United States Code, is amended by adding at the (A) 8 years or more after November 8, 1993, 5-day period beginning on the date on which the end the following: with respect to the northern district of Alabama; (B) 10 years or more after October 28, 1993, debtor made that request; and ‘‘111. Credit counseling services; financial man- with respect to the district of Delaware; ‘‘(iii) is satisfactory to the court. agement instructional courses.’’. ‘‘(B) With respect to a debtor, an exemption (C) 8 years or more after August 29, 1994, with (g) DEFINITIONS.—Section 101 of title 11, under subparagraph (A) shall cease to apply to respect to the district of Puerto Rico; United States Code, as amended by section 317 (D) 8 years or more after June 27, 1994, with that debtor on the date on which the debtor of this Act, is amended— meets the requirements of paragraph (1), but in respect to the district of South Carolina; and (1) by inserting after paragraph (13) the fol- (E) 8 years or more after November 23, 1993, no case may the exemption apply to that debtor lowing: after the date that is 30 days after the debtor with respect to the eastern district of Tennessee. ‘‘(13A) ‘debtor’s principal residence’— (2) APPLICABILITY OF OTHER PROVISIONS.—All files a petition.’’. ‘‘(A) means a residential structure, including other provisions of section 3 of the Bankruptcy (b) CHAPTER 7 DISCHARGE.—Section 727(a) of incidental property, without regard to whether Judgeship Act of 1992 remain applicable to such title 11, United States Code, is amended— that structure is attached to real property; and temporary judgeship position. (1) in paragraph (9), by striking ‘‘or’’ at the ‘‘(B) includes an individual condominium or (d) TECHNICAL AMENDMENT.—The first sen- end; co-operative unit;’’; and tence of section 152(a)(1) of title 28, United (2) in paragraph (10), by striking the period (2) by inserting after paragraph (27A), as States Code, is amended to read as follows: and inserting ‘‘; or’’; and added by section 318 of this Act, the following: ‘‘Each bankruptcy judge to be appointed for a (3) by adding at the end the following: judicial district as provided in paragraph (2) ‘‘(11) after the filing of the petition, the debtor ‘‘(27B) ‘incidental property’ means, with re- shall be appointed by the United States court of failed to complete an instructional course con- spect to a debtor’s principal residence— appeals for the circuit in which such district is cerning personal financial management de- ‘‘(A) property commonly conveyed with a located.’’. scribed in section 111 that was administered or principal residence in the area where the real (e) TRAVEL EXPENSES OF BANKRUPTCY approved by— estate is located; ‘‘(B) all easements, rights, appurtenances, fix- JUDGES.—Section 156 of title 28, United States ‘‘(A) the United States trustee; or Code, is amended by adding at the end the fol- ‘‘(B) the bankruptcy administrator for the dis- tures, rents, royalties, mineral rights, oil or gas rights or profits, water rights, escrow funds, or lowing new subsection: trict in which the petition is filed.’’. ‘‘(g)(1) In this subsection, the term ‘travel ex- (c) CHAPTER 13 DISCHARGE.—Section 1328 of insurance proceeds; and ‘‘(C) all replacements or additions;’’. penses’— title 11, United States Code, is amended by add- ‘‘(A) means the expenses incurred by a bank- ing at the end the following: SEC. 322. BANKRUPTCY JUDGESHIPS. ruptcy judge for travel that is not directly re- ‘‘(f) The court shall not grant a discharge (a) SHORT TITLE.—This section may be cited lated to any case assigned to such bankruptcy under this section to a debtor, unless after filing as the ‘‘Bankruptcy Judgeship Act of 1998’’. judge; and a petition the debtor has completed an instruc- (b) TEMPORARY JUDGESHIPS.— ‘‘(B) shall not include the travel expenses of a tional course concerning personal financial (1) APPOINTMENTS.—The following judgeship bankruptcy judge if— management described in section 111 that was positions shall be filled in the manner prescribed ‘‘(i) the payment for the travel expenses is administered or approved by— in section 152(a)(1) of title 28, United States paid by such bankruptcy judge from the per- ‘‘(1) the United States trustee; or Code, for the appointment of bankruptcy judges sonal funds of such bankruptcy judge; and ‘‘(2) the bankruptcy administrator for the dis- provided for in section 152(a)(2) of such title: ‘‘(ii) such bankruptcy judge does not receive trict in which the petition is filed.’’. (A) One additional bankruptcy judgeship for funds (including reimbursement) from the (d) DEBTOR’S DUTIES.—Section 521 of title 11, the eastern district of California. United States or any other person or entity for United States Code, as amended by sections (B) Four additional bankruptcy judgeships for the payment of such travel expenses. 301(b) and 318(b) of this Act, is amended by add- the central district of California. ‘‘(2) Each bankruptcy judge shall annually ing at the end the following: (C) One additional bankruptcy judgeship for submit the information required under para- ‘‘(e) In addition to the requirements under the southern district of Florida. graph (3) to the chief bankruptcy judge for the subsection (a), an individual debtor shall file (D) Two additional bankruptcy judgeships for district in which the bankruptcy judge is as- with the court— the district of Maryland. signed. ‘‘(1) a certificate from the credit counseling (E) One additional bankruptcy judgeship for ‘‘(3)(A) Each chief bankruptcy judge shall service that provided the debtor services under the eastern district of Michigan. submit an annual report to the Director of the section 109(h); and (F) One additional bankruptcy judgeship for Administrative Office of the United States ‘‘(2) a copy of the debt repayment plan, if the southern district of Mississippi. Courts on the travel expenses of each bank- any, developed under section 109(h) through the (G) One additional bankruptcy judgeship for ruptcy judge assigned to the applicable district credit counseling service referred to in para- the district of New Jersey. (including the travel expenses of the chief bank- graph (1).’’. (H) One additional bankruptcy judgeship for ruptcy judge of such district). (e) EXCEPTIONS TO DISCHARGE.—Section 523(d) the eastern district of New York. ‘‘(B) The annual report under this paragraph of title 11, United States Code, as amended by (I) One additional bankruptcy judgeship for shall include— section 202 of this Act, is amended by striking the northern district of New York. ‘‘(i) the travel expenses of each bankruptcy paragraph (3)(A)(i) and inserting the following: (J) One additional bankruptcy judgeship for judge, with the name of the bankruptcy judge to ‘‘(i) within the applicable period of time pre- the southern district of New York. whom the travel expenses apply; scribed under section 109(h), the debtor received (K) One additional bankruptcy judgeship for ‘‘(ii) a description of the subject matter and credit counseling through a credit counseling the eastern district of Pennsylvania. purpose of the travel relating to each travel ex- program in accordance with section 109(h); (L) One additional bankruptcy judgeship for pense identified under clause (i), with the name and’’. the middle district of Pennsylvania. of the bankruptcy judge to whom the travel ap- (f) GENERAL PROVISIONS.— (M) One additional bankruptcy judgeship for plies; and ‘‘(iii) the number of days of each travel de- (1) IN GENERAL.—Chapter 1 of title 11, United the western district of Tennessee. scribed under clause (ii), with the name of the States Code, is amended by adding at the end (N) One additional bankruptcy judgeship for the following: bankruptcy judge to whom the travel applies. the eastern district of Virginia. ‘‘(4)(A) The Director of the Administrative Of- ‘‘§ 111. Credit counseling services; financial (2) VACANCIES.—The first vacancy occurring fice of the United States Courts shall— management instructional courses in the office of a bankruptcy judge in each of ‘‘(i) consolidate the reports submitted under ‘‘(a) The clerk of each district shall maintain the judicial districts set forth in paragraph (1) paragraph (3) into a single report; and a list of credit counseling services that provide that— ‘‘(ii) annually submit such consolidated report 1 or more programs described in section 109(h) (A) results from the death, retirement, res- to Congress. and that have been approved by— ignation, or removal of a bankruptcy judge; and ‘‘(B) The consolidated report submitted under ‘‘(1) the United States trustee; or (B) occurs 5 years or more after the appoint- this paragraph shall include the specific infor- ‘‘(2) the bankruptcy administrator for the dis- ment date of a bankruptcy judge appointed mation required under paragraph (3)(B), includ- trict. under paragraph (1); ing the name of each bankruptcy judge with re- ‘‘(b) The United States trustee or each bank- shall not be filled. spect to clauses (i), (ii), and (iii) of paragraph ruptcy administrator referred to in subsection (c) EXTENSIONS.— (3)(B).’’. (a)(1) shall— (1) IN GENERAL.—The temporary bankruptcy SEC. 323. DEFINITION OF DOMESTIC SUPPORT ‘‘(1) make available to debtors who are indi- judgeship positions authorized for the northern OBLIGATION. viduals an instructional course concerning per- district of Alabama, the district of Delaware, the Section 101 of title 11, United States Code, as sonal financial management, under the direc- district of Puerto Rico, the district of South amended by section 321(g) of this Act, is amend- tion of the bankruptcy court; and Carolina, and the eastern district of Tennessee ed—

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10776 CONGRESSIONAL RECORD — SENATE September 23, 1998 (1) by striking paragraph (12A); and support obligation, the debtor has paid all SEC. 329. PROTECTION OF DOMESTIC SUPPORT (2) by inserting after paragraph (14) the fol- amounts payable under such order for such obli- CLAIMS AGAINST PREFERENTIAL lowing: gation that become payable after the date on TRANSFER MOTIONS. ‘‘(14A) ‘domestic support obligation’ means a which the petition is filed.’’; and Section 547(c)(7) of title 11, United States debt that accrues before or after the entry of an (3) in section 1328(a), as amended by section Code, is amended to read as follows: order for relief under this title that is— 314 of this Act, in the matter preceding para- ‘‘(7) to the extent such transfer was a bona ‘‘(A) owed to or recoverable by— graph (1), by inserting ‘‘, and with respect to a fide payment of a debt for a domestic support ‘‘(i) a spouse, former spouse, or child of the debtor who is required by a judicial or adminis- obligation; or’’. debtor or that child’s legal guardian; or trative order to pay a domestic support obliga- SEC. 330. PROTECTION OF RETIREMENT SAVINGS ‘‘(ii) a governmental unit; tion, certifies that all amounts payable under IN BANKRUPTCY. (a) IN GENERAL.—Section 522 of title 11, ‘‘(B) in the nature of alimony, maintenance, such order or statute that are due on or before United States Code, is amended— or support (including assistance provided by a the date of the certification (including amounts govermental unit) of such spouse, former spouse, (1) in subsection (b)— due before or after the petition was filed) have (A) in paragraph (2)— or child, without regard to whether such debt is been paid’’ after ‘‘completion by the debtor of (i) by striking ‘‘(2)(A) any property’’ and in- expressly so designated; all payments under the plan’’. serting: ‘‘(C) established or subject to establishment SEC. 326. EXCEPTIONS TO AUTOMATIC STAY IN ‘‘(3) Property listed in this paragraph is— before or after entry of an order for relief under DOMESTIC SUPPORT OBLIGATION ‘‘(A) any property’’; this title, by reason of applicable provisions of— PROCEEDINGS. (ii) in subparagraph (A), by striking ‘‘and’’ at ‘‘(i) a separation agreement, divorce decree, or Section 362(b) of title 11, United States Code, the end; property settlement agreement; is amended— (iii) in subparagraph (B), by striking the pe- ‘‘(ii) an order of a court of record; or (1) by striking paragraph (2) and inserting the riod at the end and inserting ‘‘; and’’; and ‘‘(iii) a determination made in accordance following: (iv) by adding at the end the following: with applicable nonbankruptcy law by a gov- ‘‘(2) under subsection (a)— ‘‘(C) retirement funds to the extent that those ernmental unit; and ‘‘(A) of the commencement or continuation of funds are in a fund or account that is exempt ‘‘(D) not assigned to a nongovernmental enti- an action or proceeding for— from taxation under section 401, 403, 408, 408A, ty, unless that obligation is assigned voluntarily ‘‘(i) the establishment of paternity as a part of 414, 457, or 501(a) of the Internal Revenue Code by the spouse, former spouse, child, or parent an effort to collect domestic support obligations; of 1986 and which has not been pledged or prom- solely for the purpose of collecting the debt.’’. or ised to any person in connection with any ex- SEC. 324. PRIORITIES FOR CLAIMS FOR DOMESTIC ‘‘(ii) the establishment or modification of an tension of credit.’’; SUPPORT OBLIGATIONS. order for domestic support obligations; or (B) by striking paragraph (1) and inserting: ‘‘(2) Property listed in this paragraph is prop- Section 507(a) of title 11, United States Code, ‘‘(B) the collection of a domestic support obli- erty that is specified under subsection (d) of this is amended— gation from property that is not property of the section, unless the State law that is applicable (1) by striking paragraph (7); estate;’’; to the debtor under paragraph (3)(A) of this (2) by redesignating paragraphs (1) through (2) in paragraph (17), by striking ‘‘or’’ at the subsection specifically does not so authorize.’’; (6) as paragraphs (2) through (7), respectively; end; (C) in the matter preceding paragraph (2)— (3) in paragraph (2), as redesignated, by strik- (3) in paragraph (18), by striking the period at ing ‘‘First’’ and inserting ‘‘Second’’; (i) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; the end and inserting a semicolon; and (ii) by striking ‘‘paragraph (2)’’ both places it (4) in paragraph (3), as redesignated, by strik- (4) by adding at the end the following: ing ‘‘Second’’ and inserting ‘‘Third’’; appears and inserting ‘‘paragraph (3)’’; ‘‘(19) under subsection (a) with respect to the (iii) by striking ‘‘paragraph (1)’’ each place it (5) in paragraph (4), as redesignated, by strik- withholding of income pursuant to an order as appears and inserting ‘‘paragraph (2)’’; and ing ‘‘Third’’ and inserting ‘‘Fourth’’; specified in section 466(b) of the Social Security (iv) by striking ‘‘Such property is—’’; and (6) in paragraph (5), as redesignated, by strik- Act (42 U.S.C. 666(b)); or (D) by adding at the end of the subsection the ing ‘‘Fourth’’ and inserting ‘‘Fifth’’; ‘‘(20) under subsection (a) with respect to— following: (7) in paragraph (6), as redesignated, by strik- ‘‘(A) the withholding, suspension, or restric- ‘‘(4) For purposes of paragraph (3)(C), the fol- ing ‘‘Fifth’’ and inserting ‘‘Sixth’’; tion of drivers’ licenses, professional and occu- lowing shall apply: (8) in paragraph (7), as redesignated, by strik- pational licenses, and recreational licenses pur- ‘‘(A) If the retirement funds are in a retire- ing ‘‘Sixth’’ and inserting ‘‘Seventh’’; and suant to State law, as specified in section ment fund that has received a favorable deter- (9) by inserting before paragraph (2), as redes- 466(a)(16) of the Social Security Act (42 U.S.C. mination pursuant to section 7805 of the Inter- ignated, the following: 666(a)(16)) or with respect to the reporting of nal Revenue Code of 1986, and that determina- ‘‘(1) First, allowed claims for domestic support overdue support owed by an absent parent to tion is in effect as of the date of the commence- obligations to be paid in the following order on any consumer reporting agency as specified in ment of the case under section 301, 302, or 303, the condition that funds received under this section 466(a)(7) of the Social Security Act (42 those funds shall be presumed to be exempt from paragraph by a governmental unit in a case U.S.C. 666(a)(7)); the estate. under this title be applied: ‘‘(B) the interception of tax refunds, as speci- ‘‘(B) If the retirement funds are in a retire- ‘‘(A) Claims that, as of the date of entry of fied in sections 464 and 466(a)(3) of the Social ment fund that has not received a favorable de- the order for relief, are owed directly to a Security Act (42 U.S.C. 664 and 666(a)(3)); or termination pursuant to such section 7805, those spouse, former spouse, or child of the debtor, or ‘‘(C) the enforcement of medical obligations as funds are exempt from the estate if the debtor the parent of such child, without regard to specified under title IV of the Social Security demonstrates that— whether the claim is filed by the spouse, former Act (42 U.S.C. 601 et seq.).’’. ‘‘(i) no prior determination to the contrary spouse, child, or parent, or is filed by a govern- has been made by a court or the Internal Rev- SEC. 327. NONDISCHARGEABILITY OF CERTAIN mental unit on behalf of that person. enue Service; and ‘‘(B) Claims that, as of the date of entry of DEBTS FOR ALIMONY, MAINTE- NANCE, AND SUPPORT. ‘‘(ii)(I) the retirement fund is in substantial the order for relief, are assigned by a spouse, Section 523 of title 11, United States Code, as compliance with the applicable requirements of former spouse, child of the debtor, or the parent amended by section 202 of this Act, is amended— the Internal Revenue Code of 1986; or of that child to a governmental unit or are owed ‘‘(II) the retirement fund fails to be in sub- (1) in subsection (a), by striking paragraph (5) directly to a governmental unit under applicable stantial compliance with such applicable re- and inserting the following: nonbankruptcy law.’’. quirements, the debtor is not materially respon- ‘‘(5) for a domestic support obligation;’’; sible for that failure. SEC. 325. REQUIREMENTS TO OBTAIN CONFIRMA- (2) in subsection (c), by striking ‘‘(6), or (15)’’ TION AND DISCHARGE IN CASES IN- ‘‘(C) A direct transfer of retirement funds from and inserting ‘‘or (6)’’; and VOLVING DOMESTIC SUPPORT OBLI- 1 fund or account that is exempt from taxation (3) in paragraph (15), by striking ‘‘govern- GATIONS. under section 401, 403, 408, 408A, 414, 457, or mental unit’’ and all through the end of the Title 11, United States Code, is amended— 501(a) of the Internal Revenue Code of 1986, paragraph and inserting a semicolon. (1) in section 1129(a), by adding at the end the pursuant to section 401(a)(31) of the Internal following: SEC. 328. CONTINUED LIABILITY OF PROPERTY. Revenue Code of 1986, or otherwise, shall not ‘‘(14) If the debtor is required by a judicial or Section 522 of title 11, United States Code, is cease to qualify for exemption under paragraph administrative order or statute to pay a domestic amended— (3)(C) by reason of that direct transfer. support obligation, the debtor has paid all (1) in subsection (c), by striking paragraph (1) ‘‘(D)(i) Any distribution that qualifies as an amounts payable under such order or statute for and inserting the following: eligible rollover distribution within the meaning such obligation that become payable after the ‘‘(1) a debt of a kind specified in paragraph of section 402(c) of the Internal Revenue Code of date on which the petition is filed.’’; (1) or (5) of section 523(a) (in which case, not- 1986 or that is described in clause (ii) shall not (2) in section 1325(a)— withstanding any provision of applicable non- cease to qualify for exemption under paragraph (A) in paragraph (5), by striking ‘‘and’’ at the bankruptcy law to the contrary, such property (3)(C) by reason of that distribution. end; shall be liable for a debt of a kind specified in ‘‘(ii) A distribution described in this clause is (B) in paragraph (6), by striking the period at section 523(a)(5);’’; and an amount that— the end and inserting ‘‘; and’’; and (2) in subsection (f)(1)(A), by striking the dash ‘‘(I) has been distributed from a fund or ac- (C) by adding at the end the following: and all that follows through the end of the sub- count that is exempt from taxation under sec- ‘‘(7) if the debtor is required by a judicial or paragraph and inserting ‘‘of a kind that is spec- tion 401, 403, 408, 408A, 414, 457, or 501(a) of the administrative order or statute to pay a domestic ified in section 523(a)(5); or’’. Internal Revenue Code of 1986; and

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10777 ‘‘(II) to the extent allowed by law, is deposited ‘‘(10) Tenth, allowed claims for death or per- TITLE IV—FINANCIAL INSTRUMENTS in such a fund or account not later than 60 days sonal injuries resulting from the operation of a SEC. 401. BANKRUPTCY CODE AMENDMENTS. after the distribution of that amount.’’; and motor vehicle or vessel if such operation was un- (a) DEFINITIONS OF SWAP AGREEMENT, SECURI- (2) in subsection (d)— lawful because the debtor was intoxicated from TIES CONTRACT, FORWARD CONTRACT, COM- (A) in the matter preceding paragraph (1), by using alcohol, a drug or another substance.’’. MODITY CONTRACT, AND REPURCHASE AGREE- striking ‘‘subsection (b)(1)’’ and inserting ‘‘sub- (b) Section 523(a)(9) of title 11, United States MENT.—Title 11, United States Code, is amend- section (b)(2)’’; and Code, is amended by inserting ‘‘or vessel’’ after ed— (B) by adding at the end the following: ‘‘vehicle’’. (1) in section 101— ‘‘(12) Retirement funds to the extent that (A) in paragraph (25)— those funds are in a fund or account that is ex- SEC. 332. DEBT LIMIT INCREASE. Section 104(b) of title 11, United States Code, (i) by striking ‘‘means a contract’’ and insert- empt from taxation under section 401, 403, 408, ing ‘‘means— 408A, 414, 457, or 501(a) of the Internal Revenue is amended by adding at the end the following: ‘‘(4) The dollar amount in section 101(18) shall ‘‘(A) a contract’’; Code of 1986.’’. be adjusted at the same times and in the same (ii) by striking ‘‘, or any combination thereof (b) AUTOMATIC STAY.—Section 362(b) of title or option thereon;’’ and inserting ‘‘, or any 11, United States Code, is amended— manner as the dollar amounts in paragraph (1) of this subsection, beginning with the adjust- other similar agreement;’’; and (1) in paragraph (17), by striking ‘‘or’’ at the (iii) by adding at the end the following new ment to be made on April 1, 2001.’’. end; subparagraphs: (2) in paragraph (18), by striking the period SEC. 333. ELIMINATION OF REQUIREMENT THAT ‘‘(B) any combination of agreements or trans- and inserting ‘‘; or’’; FAMILY FARMER AND SPOUSE RE- actions referred to in subparagraphs (A) and CEIVE OVER 50 PERCENT OF INCOME (3) by inserting after paragraph (18) the fol- (C); lowing: FROM FARMING OPERATION IN YEAR PRIOR TO BANKRUPTCY. ‘‘(C) any option to enter into any agreement ‘‘(19) under subsection (a), of withholding of or transaction referred to in subparagraph (A) income from a debtor’s wages and collection of Section 101(18)(A) of title 11, United States Code, is amended by striking ‘‘the taxable year or (B); amounts withheld, pursuant to the debtor’s ‘‘(D) a master agreement that provides for an preceding the taxable year’’ and inserting ‘‘at agreement authorizing that withholding and agreement or transaction referred to in subpara- least one of the three calendar years preceding collection for the benefit of a pension, profit- graph (A), (B) or (C), together with all supple- the year’’. sharing, stock bonus, or other plan established ments to any such master agreement, without under section 401, 403, 408, 408A, 414, 457, or SEC. 334. PROHIBITION OF RETROACTIVE ASSESS- regard to whether the master agreement pro- MENT OF DISPOSABLE INCOME. 501(a) of the Internal Revenue Code of 1986 that vides for an agreement or transaction that is not (a) Section 1225(b) of title 11, United States is sponsored by the employer of the debtor, or an a forward contract under this paragraph, except Code, is amended by adding at the end the fol- affiliate, successor, or predecessor of such em- that the master agreement shall be considered to lowing: ployer— be a forward contract under this paragraph ‘‘(A) to the extent that the amounts withheld ‘‘(3) If the plan provides for specific amounts only with respect to each agreement or trans- and collected are used solely for payments relat- of property to be distributed on account of al- action under the master agreement that is re- ing to a loan from a plan that satisfies the re- lowed unsecured claims as required by para- quirements of section 408(b)(1) of the Employee graph (1)(B) of this subsection, those amounts ferred to in subparagraph (A), (B) or (C); or ‘‘(E) a security agreement or arrangement or Retirement Income Security Act of 1974 (29 equal or exceed the debtor’s projected disposable other credit enhancement related to any agree- U.S.C. 1108(b)(1)); or income for that period, and the plan meets the ment or transaction referred to in subparagraph ‘‘(B) in the case of a loan from a thrift sav- requirements for confirmation other than those ings plan described in subchapter III of title 5, (A), (B), (C) or (D);’’; of this subsection, the plan shall be confirmed. (B) by amending paragraph (47) to read as that satisfies the requirements of section 8433(g) (b) Section 1229 of title 11, United States Code, follows: of that title.’’; and is amended by adding at the end the following: ‘‘(47) the term ‘repurchase agreement’ (which (4) by adding at the end of the flush material ‘‘(d)(1) A modification of the plan under this definition also applies to a reverse repurchase following paragraph (19) the following: ‘‘Para- section may not increase the amount of pay- agreement)— graph (19) does not apply to any amount owed ments that were due prior to the date of the ‘‘(A) means— to a plan referred to in that paragraph that is order modifying the plan. ‘‘(i) an agreement, including related terms, incurred under a loan made during the 1-year ‘‘(2) A modification of the plan under this sec- which provides for the transfer of 1 or more cer- period preceding the filing of a petition. Nothing tion to increase payments based on an increase tificates of deposit, mortgage-related securities in paragraph (19) may be construed to provide in the debtor’s disposable income may not re- (as such term is defined in the Securities Ex- that any loan made under a governmental plan quire payments to unsecured creditors in any change Act of 1934), mortgage loans, interests in under section 414(d) of the Internal Revenue particular month greater than the debtor’s dis- mortgage-related securities or mortgage loans, Code of 1986 constitutes a claim or a debt under posable income for that month unless the debtor eligible bankers’ acceptances, qualified foreign this title.’’. proposes such a modification. government securities or securities that are di- (c) EXCEPTIONS TO DISCHARGE.—Section ‘‘(3) A modification of the plan in the last 523(a) of title 11, United States Code, as amend- rect obligations of, or that are fully guaranteed year of the plan shall not require payments that as to principal and interest by, the United ed by section 202, is amended— would leave the debtor with insufficient funds (1) by striking ‘‘or’’ at the end of paragraph States or any agency of the United States to carry on the farming operation after the plan against the transfer of funds by the transferee (17); is completed unless the debtor proposes such a (2) by striking the period at the end of para- of such certificates of deposit, eligible bankers’ modification.’’. graph (18) and inserting ‘‘; or’’; and acceptances, securities, loans or interests with a (3) by adding at the end the following: SEC. 335. AMENDMENT TO SECTION 1325 OF TITLE simultaneous agreement by such transferee to ‘‘(19) owed to a pension, profit-sharing, stock 11, UNITED STATES CODE. transfer to the transferor thereof certificates of bonus, or other plan established under section Section 1325(b)(2) of title 11, United States deposit, eligible bankers’ acceptances, securities, 401, 403, 408, 408A, 414, 457, or 501(c) of the In- Code, is amended by inserting after ‘‘received by loans, or interests as described above, at a date ternal Revenue Code of 1986, pursuant to— the debtor’’, ‘‘(other than child support pay- certain not later than 1 year after such trans- ‘‘(A) a loan permitted under section 408(b)(1) ments, foster care payments, or disability pay- fers or on demand, against the transfer of of the Employee Retirement Income Security Act ments for a dependent child made in accordance funds; or any other similar agreement; and of 1974 (29 U.S.C. 1108(b)(1)); or with applicable nonbankruptcy law and which ‘‘(ii) any combination of agreements or trans- ‘‘(B) a loan from the thrift savings plan de- is reasonably necessary to be expended)’’. actions referred to in clauses (i) and (iii); scribed in subchapter III of title 5, that satisfies SEC. 336. PROTECTION OF SAVINGS EARMARKED ‘‘(iii) any option to enter into any agreement the requirements of section 8433(g) of that title. FOR THE POSTSECONDARY EDU- or transaction referred to in clause (i) or (ii); Paragraph (19) does not apply to any amount CATION OF CHILDREN ‘‘(iv) a master agreement that provides for an owed to a plan referred to in that paragraph Section 541(b) of title 11, United States Code, agreement or transaction referred to in clauses that is incurred under a loan made during the as amended by section 404 of this Act, is amend- (i), (ii) or (iii), together with all supplements, 1-year period preceding the filing of a petition. ed— without regard to whether the master agreement Nothing in paragraph (19) may be construed to (1) in paragraph (6), by striking the period at provides for an agreement or transaction that is provide that any loan made under a govern- the end and inserting a semicolon; and not a repurchase agreement under this subpara- mental plan under section 414(d) of the Internal (2) by inserting after paragraph (6) the fol- graph, except that the master agreement shall be Revenue Code of 1986 constitutes a claim or a lowing: considered to be a repurchase agreement under debt under this title.’’. ‘‘(7) except as otherwise provided under appli- this subparagraph only with respect to each (d) PLAN CONTENTS.—Section 1322 of title 11, cable State law, any funds placed in a qualified agreement or transaction under the master United States Code, is amended by adding at the State tuition program (as described in section agreement that is referred to in clause (i), (ii) or end the following: 529(b) of the Internal Revenue Code of 1986) at (iii); or ‘‘(f) A plan may not materially alter the terms least 180 days before the date of entry of the ‘‘(v) a security agreement or arrangement or of a loan described in section 362(b)(19).’’. order for relief; or other credit enhancement related to any agree- SEC. 331. ADDITIONAL AMENDMENTS TO TITLE 11, ‘‘(8) any funds placed in an education indi- ment or transaction referred to in clauses (i), UNITED STATES CODE. vidual retirement account (as defined in section (ii), (iii) or (iv); and (a) Section 507(a) of title 11, United States 530(b)(1) of the Internal Revenue Code of 1986) ‘‘(B) does not include any repurchase obliga- Code, is amended by inserting after paragraph at least 180 days before the date of entry of the tion under a participation in a commercial mort- (9) the following: order for relief.’’. gage loan,

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10778 CONGRESSIONAL RECORD — SENATE September 23, 1998 and, for purposes of this paragraph, the term rities, certificates of deposit, mortgage loans or tion, has 1 or more agreements or transactions ‘qualified foreign government security’ means a interest therein, or group or index of securities, that is described in section 561(a)(2) with the security that is a direct obligation of, or that is certificates of deposit, or mortgage loans or in- debtor or any other entity (other than an affil- fully guaranteed by, the central government of terests therein (including any interest therein or iate) of a total gross dollar value of at least a member of the Organization for Economic Co- based on the value thereof) or option on any of $1,000,000,000 in notional or actual principal operation and Development.’’; and the foregoing, including any option to purchase amount outstanding on any day during the pre- (C) by amending paragraph (53B) to read as or sell any such security, certificate of deposit, vious 15-month period, or has gross mark-to- follows: loan, interest, group or index or option; market positions of at least $100,000,000 (aggre- ‘‘(53B) the term ‘swap agreement’— ‘‘(iv) any margin loan; gated across counterparties) in 1 or more such ‘‘(A) means— ‘‘(v) any other agreement or transaction that agreements or transactions with the debtor or ‘‘(i) any agreement, including the terms and is similar to any agreement or transaction re- any other entity (other than an affiliate) on conditions incorporated by reference in any ferred to in this subparagraph; any day during the previous 15-month period;’’; such agreement, which is an interest rate swap, ‘‘(vi) any combination of the agreements or and option, future, or forward agreement, including transactions referred to in this subparagraph; (3) by amending paragraph (26) to read as fol- a rate floor, rate cap, rate collar, cross-currency ‘‘(vii) any option to enter into any agreement lows: rate swap, and basis swap; a spot, same day-to- or transaction referred to in this subparagraph; ‘‘(26) the term ‘forward contract merchant’ morrow, tomorrow-next, forward, or other for- ‘‘(viii) a master agreement that provides for means a Federal reserve bank, or a person eign exchange or precious metals agreement; a an agreement or transaction referred to in whose business consists in whole or in part of currency swap, option, future, or forward agree- clause (i), (ii), (iii), (iv), (v), (vi), or (vii), to- entering into forward contracts as or with mer- ment; an equity index or equity swap, option, gether with all supplements to any such master chants or in a commodity, as defined or in sec- future, or forward agreement; a debt index or agreement, without regard to whether the mas- tion 761(8) of this title, or any similar good, arti- debt swap, option, future, or forward agree- ter agreement provides for an agreement or cle, service, right, or interest which is presently ment; a credit spread or credit swap, option, fu- transaction that is not a securities contract or in the future becomes the subject of dealing ture, or forward agreement; a commodity index under this subparagraph, except that the master or in the forward contract trade;’’. or commodity swap, option, future, or forward agreement shall be considered to be a securities (c) DEFINITION OF MASTER NETTING AGREE- agreement; contract under this subparagraph only with re- MENT AND MASTER NETTING AGREEMENT PARTIC- ‘‘(ii) any agreement similar to any other spect to each agreement or transaction under IPANT.—Section 101 of title 11, United States agreement or transaction referred to in this sub- the master agreement that is referred to in Code, is amended by inserting after paragraph paragraph that— clause (i), (ii), (iii), (iv), (v), (vi), or (vii); and (38) the following new paragraphs: ‘‘(I) is presently, or in the future becomes, reg- ‘‘(ix) any security agreement or arrangement ‘‘(38A) the term ‘master netting agreement’ ularly entered into in the swap agreement mar- or other credit enhancement related to any means an agreement providing for the exercise ket (including terms and conditions incor- agreement or transaction referred to in this sub- of rights, including rights of netting, setoff, liq- porated by reference therein); and paragraph; and uidation, termination, acceleration, or closeout, ‘‘(II) is a forward, swap, future, or option on ‘‘(B) does not include any purchase, sale, or under or in connection with 1 or more contracts 1 or more rates, currencies, commodities, equity repurchase obligation under a participation in that are described in any 1 or more of para- securities or other equity instruments, debt secu- or servicing agreement for a commercial mort- graphs (1) through (5) of section 561(a), or any rities or other debt instruments, or economic in- gage loan.’’; and security agreement or arrangement or other dices or measures of economic risk or value; (3) in section 761(4)— credit enhancement related to 1 or more of the ‘‘(iii) any combination of agreements or trans- (A) by striking ‘‘or’’ at the end of subpara- foregoing. If a master netting agreement con- actions referred to in this subparagraph; graph (D); and tains provisions relating to agreements or trans- ‘‘(iv) any option to enter into any agreement (B) by adding at the end the following new actions that are not contracts described in para- or transaction referred to in this subparagraph; subparagraphs: graphs (1) through (5) of section 561(a), the mas- ‘‘(v) a master agreement that provides for an ‘‘(F) any other agreement or transaction that ter netting agreement shall be deemed to be a agreement or transaction referred to in clause is similar to any agreement or transaction re- master netting agreement only with respect to (i), (ii), (iii), or (iv), together with all supple- ferred to in this paragraph; those agreements or transactions that are de- ments to any such master agreement, without ‘‘(G) any combination of the agreements or scribed in any 1 or more of the paragraphs (1) regard to whether the master agreement con- transactions referred to in this paragraph; through (5) of section 561(a); tains an agreement or transaction that is de- ‘‘(H) any option to enter into any agreement ‘‘(38B) the term ‘master netting agreement scribed in any of such clause, except that the or transaction referred to in this paragraph; participant’ means an entity that, at any time master agreement shall be considered to be a ‘‘(I) a master agreement that provides for an before the filing of the petition, is a party to an swap agreement only with respect to each agree- agreement or transaction referred to in subpara- outstanding master netting agreement with the ment or transaction under the master agreement graph (A), (B), (C), (D), (E), (F), (G) or (H), to- debtor;’’. that is referred to in clause (i), (ii), (iii), or (iv); gether with all supplements to any such master (d) SWAP AGREEMENTS, SECURITIES CON- or agreement, without regard to whether the mas- TRACTS, COMMODITY CONTRACTS, FORWARD ‘‘(C) is applicable for purposes of this title ter agreement provides for an agreement or CONTRACTS, REPURCHASE AGREEMENTS, AND only and shall not be construed or applied to transaction that is not a commodity contract MASTER NETTING AGREEMENTS UNDER THE challenge or affect the characterization, defini- under this paragraph, except that the master AUTOMATIC-STAY.— tion, or treatment of any swap agreement or any agreement shall be considered to be a commodity (1) IN GENERAL.—Section 362(b) of title 11, instrument defined as a swap agreement herein, contract under this paragraph only with respect United States Code, is amended— (A) in paragraph (6), by inserting under any other statute, regulation, or rule, in- to each agreement or transaction under the mas- ‘‘, pledged to, and under the control of,’’ after cluding the Securities Act of 1933, the Securities ter agreement that is referred to in subpara- ‘‘held by’’; Exchange Act of 1934, the Public Utility Holding graph (A), (B), (C), (D), (E), (F), (G) or (H); or (B) in paragraph (7), by inserting Company Act of 1935, the Trust Indenture Act ‘‘(J) a security agreement or arrangement or ‘‘, pledged to, and under the control of,’’ after of 1939, the Investment Company Act of 1940, other credit enhancement related to any agree- ‘‘held by’’; the Investment Advisers Act of 1940, the Securi- ment or transaction referred to in this para- (C) by amending paragraph (17) to read as fol- ties Investor Protection Act of 1970, the Com- graph;’’. lows: modity Exchange Act, and the regulations pre- (b) DEFINITIONS OF FINANCIAL INSTITUTION, ‘‘(17) under subsection (a), of the setoff by a scribed by the Securities and Exchange Commis- FINANCIAL PARTICIPANT, AND FORWARD CON- swap participant of any mutual debt and claim sion or the Commodity Futures Trading Commis- TRACT MERCHANT.—Section 101 of title 11, under or in connection with 1 or more swap sion.’’; United States Code, is amended— agreements that constitute the setoff of a claim (2) by amending section 741(7) to read as fol- (1) by amending paragraph (22) to read as fol- against the debtor for any payment due from lows: lows: the debtor under or in connection with any ‘‘(7) the term ‘securities contract’— ‘‘(22) the term ‘financial institution’ means a swap agreement against any payment due to the ‘‘(A) means— Federal reserve bank, or a person that is a com- debtor from the swap participant under or in ‘‘(i) a contract for the purchase, sale, or loan mercial or savings bank, industrial savings connection with any swap agreement or against of a security, a certificate of deposit, a mortgage bank, savings and loan association, trust com- cash, securities, or other property of the debtor loan or any interest in a mortgage loan, or a pany, or receiver or conservator for such person held by, pledged to, and under the control of, or group or index of securities, certificates of de- and, when any such Federal reserve bank, re- due from such swap participant to guarantee, posit, or mortgage loans or interests therein (in- ceiver, or conservator or person acting as agent secure, or settle any swap agreement;’’; cluding any interest therein or based on the or custodian for a customer in connection with (D) in paragraph (20), by striking ‘‘or’’ at the value thereof) or option on any of the foregoing, a securities contract, as defined in section 741(7) end; including any option to purchase or sell any of this title, such customer;’’; (E) in paragraph (21), by striking the period such security, certificate of deposit, loan, inter- (2) by inserting after paragraph (22) the fol- and inserting ‘‘; or’’; and est, group or index or option; lowing new paragraph: (F) by inserting after paragraph (18) the fol- ‘‘(ii) any option entered into on a national se- ‘‘(22A) the term ‘financial participant’ means lowing new paragraph: curities exchange relating to foreign currencies; any entity that, at the time it enters into a secu- ‘‘(22) under subsection (a), of the setoff by a ‘‘(iii) the guarantee by or to any securities rities contract, commodity contract or forward master netting agreement participant of a mu- clearing agency of any settlement of cash, secu- contract, or at the time of the filing of the peti- tual debt and claim under or in connection with

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10779 1 or more master netting agreements to the ex- (1) by amending the section heading to read in a case ancillary to a foreign proceeding under tent such participant could offset the claim ‘‘Contractual right to liquidate, terminate, or this section or any other section of this title so under paragraph (6), (7), or (17) for each indi- accelerate a swap agreement’’; and that enforcement of contractual provisions of vidual contract covered by the master netting (2) in the first sentence, by striking ‘‘termi- such contracts and agreements in accordance agreement in issue.’’. nation of a swap agreement’’ and inserting ‘‘liq- with their terms will not be stayed or otherwise (2) LIMITATION.—Section 362 of title 11, United uidation, termination, or acceleration of 1 or limited by operation of any provision of this title States Code, is amended by adding at the end more swap agreements’’; and or by order of a court in any proceeding under the following new subsection: (3) by striking ‘‘in connection with any swap this title, and to limit avoidance powers to the ‘‘(i) LIMITATION.—The exercise of rights not agreement’’ and inserting ‘‘in connection with same extent as in a proceeding under chapter 7 subject to the stay arising under subsection (a) the termination, liquidation, or acceleration of 1 or 11 of this title (such enforcement not to be pursuant to paragraph (6), (7), (17), or (22) of or more swap agreements’’. limited based on the presence or absence of as- subsection (b) shall not be stayed by any order (k) LIQUIDATION, TERMINATION, ACCELERA- sets of the debtor in the United States).’’. of a court or administrative agency in any pro- TION, OR OFFSET UNDER A MASTER NETTING (n) COMMODITY BROKER LIQUIDATIONS.—Title ceeding under this title.’’. AGREEMENT AND ACROSS CONTRACTS.—Title 11, 11, United States Code, is amended by inserting (e) LIMITATION OF AVOIDANCE POWERS UNDER United States Code, is amended by inserting after section 766 the following new section: MASTER NETTING AGREEMENT.—Section 546 of after section 560 the following new section: ‘‘§ 767. Commodity broker liquidation and for- title 11, United States Code, is amended— ‘‘§ 561. Contractual right to terminate, liq- ward contract merchants, commodity bro- (1) in subsection (g) (as added by section 103 uidate, accelerate, or offset under a master kers, stockbrokers, financial institutions, se- of Public Law 101–311)— netting agreement and across contracts curities clearing agencies, swap partici- (A) by striking ‘‘under a swap agreement’’; ‘‘(a) IN GENERAL.—Subject to subsection (b), pants, repo participants, and master net- (B) by striking ‘‘in connection with a swap ting agreement participants agreement’’ and inserting ‘‘under or in connec- the exercise of any contractual right, because of a condition of the kind specified in section ‘‘Notwithstanding any other provision of this tion with any swap agreement’’; title, the exercise of rights by a forward contract (2) by redesignating subsection (g) (as added 365(e)(1), to cause the termination, liquidation, merchant, commodity broker, stockbroker, fi- by section 222(a) of Public Law 103–394) as sub- or acceleration of or to offset, or net termination nancial institution, securities clearing agency, section (i); and values, payment amounts or other transfer obli- swap participant, repo participant, or master (3) by inserting before subsection (i) (as redes- gations arising under or in connection with the netting agreement participant under this title ignated) the following new subsection: termination, liquidation, or acceleration of 1 or shall not affect the priority of any unsecured ‘‘(h) Notwithstanding sections 544, 545, 547, more— claim it may have after the exercise of such 548(a)(2), and 548(b) of this title, to the extent ‘‘(1) securities contracts, as defined in section rights or affect the provisions of this subchapter that under subsection (e), (f), or (g), the trustee 741(7); IV regarding customer property or distribu- may not avoid a transfer made by or to a master ‘‘(2) commodity contracts, as defined in sec- tions.’’. netting agreement participant under or in con- tion 761(4); ‘‘(3) forward contracts; (o) STOCKBROKER LIQUIDATIONS.—Title 11, nection with each individual contract covered United States Code, is amended by inserting by any master netting agreement that is made ‘‘(4) repurchase agreements; after section 752 the following new section: before the commencement of the case, the trustee ‘‘(5) swap agreements; or may not avoid a transfer made by or to such ‘‘(6) master netting agreements, ‘‘§ 753. Stockbroker liquidation and forward master netting agreement participant under or shall not be stayed, avoided, or otherwise lim- contract merchants, commodity brokers, in connection with the master netting agreement ited by operation of any provision of this title or stockbrokers, financial institutions, securi- in issue, except under section 548(a)(1) of this by any order of a court or administrative agency ties clearing agencies, swap participants, title.’’. in any proceeding under this title. repo participants, and master netting (f) FRAUDULENT TRANSFERS OF MASTER NET- ‘‘(b) EXCEPTION.— agreement participants TING AGREEMENTS.—Section 548(d)(2) of title 11, ‘‘(1) A party may exercise a contractual right ‘‘Notwithstanding any other provision of this United States Code, is amended— described in subsection (a) to terminate, liq- title, the exercise of rights by a forward contract (1) in subparagraph (C), by striking ‘‘and’’; uidate, or accelerate only to the extent that merchant, commodity broker, stockbroker, fi- (2) in subparagraph (D), by striking the pe- such party could exercise such a right under nancial institution, securities clearing agency, riod and inserting ‘‘; and’’; and section 555, 556, 559, or 560 for each individual swap participant, repo participant, or master (3) by adding at the end the following new contract covered by the master netting agree- netting agreement participant under this title subparagraph: ment in issue. shall not affect the priority of any unsecured ‘‘(E) a master netting agreement participant ‘‘(2)(A) A party may not exercise a contrac- claim it may have after the exercise of rights or that receives a transfer in connection with a tual right described in subsection (a) to offset or affect the provisions of this subchapter regard- master netting agreement takes for value to the to net obligations arising under, or in connec- ing customer property or distributions.’’. extent of such transfer, but only to the extent tion with, a commodity contract against obliga- (p) SETOFF.—Section 553 of title 11, United that such participant would take for value tions arising under, or in connection with, any States Code, is amended— under paragraph (B), (C), or (D) for each indi- instrument listed in subsection (a) if the obliga- (1) in subsection (a)(3)(C), by inserting ‘‘(ex- vidual contract covered by the master netting tions are not mutual. cept for a setoff of a kind described in section agreement in issue.’’. ‘‘(B) If a debtor is a commodity broker subject 362(b)(6), 362(b)(7), 362(b)(17), 555, 556, 559, 560, (g) TERMINATION OR ACCELERATION OF SECU- to subchapter IV of chapter 7 of this title, a or 561 of this title)’’ before the period; and RITIES CONTRACTS.—Section 555 of title 11, party may not net or offset an obligation to the (2) in subsection (b)(1), by striking United States Code, is amended— debtor arising under, or in connection with, a ‘‘362(b)(14),’’ and inserting ‘‘362(b)(17), 555, 556, (1) by amending the section heading to read commodity contract against any claim arising 559, 560, 561’’. (q) SECURITIES CONTRACTS, COMMODITY CON- ‘‘Contractual right to liquidate, terminate, or under, or in connection with, other instruments TRACTS, AND FORWARD CONTRACTS.—Title 11, accelerate a securities contract’’; and listed in subsection (a) if the party has no posi- (2) in the first sentence, by striking ‘‘liquida- tive net equity in the commodity account at the United States Code, is amended— (1) in section 362(b)(6), by striking ‘‘financial tion’’ and inserting ‘‘liquidation, termination, debtor, as calculated under subchapter IV. institutions,’’ each place such term appears and or acceleration’’. ‘‘(c) DEFINITION.—As used in this section, the inserting ‘‘financial institution, financial par- (h) TERMINATION OR ACCELERATION OF COM- term ‘contractual right’ includes a right set forth in a rule or bylaw of a national securities ticipant’’; MODITIES OR FORWARD CONTRACTS.—Section 556 (2) in section 546(e), by inserting ‘‘financial exchange, a national securities association, or a of title 11, United States Code, is amended— participant’’ after ‘‘financial institution,’’; (1) by amending the section heading to read securities clearing agency, a right set forth in a (3) in section 548(d)(2)(B), by inserting ‘‘fi- ‘‘Contractual right to liquidate, terminate, or bylaw of a clearing organization or contract nancial participant’’ after ‘‘financial institu- accelerate a commodities contract or forward market or in a resolution of the governing board tion,’’; contract’’; and thereof, and a right whether or not evidenced in (4) in section 555— (2) in the first sentence, by striking ‘‘liquida- writing arising under common law, under law (A) by inserting ‘‘financial participant’’ after tion’’ and inserting ‘‘liquidation, termination, merchant, or by reason of normal business prac- ‘‘financial institution,’’; and or acceleration’’. tice.’’. (B) by inserting before the period ‘‘, a right (i) TERMINATION OR ACCELERATION OF REPUR- (l) MUNICIPAL BANKRUPTCIES.—Section 901 of set forth in a bylaw of a clearing organization CHASE AGREEMENTS.—Section 559 of title 11, title 11, United States Code, is amended— or contract market or in a resolution of the gov- United States Code, is amended— (1) by inserting ‘‘, 555, 556’’ after ‘‘553’’; and erning board thereof, and a right, whether or (1) by amending the section heading to read (2) by inserting ‘‘, 559, 560, 561, 562’’ after not in writing, arising under common law, ‘‘Contractual right to liquidate, terminate, or ‘‘557’’. under law merchant, or by reason of normal accelerate a repurchase agreement’’; and (m) ANCILLARY PROCEEDINGS.—Section 304 of business practice’’; and (2) in the first sentence, by striking ‘‘liquida- title 11, United States Code, is amended by add- (5) in section 556, by inserting ‘‘, financial tion’’ and inserting ‘‘liquidation, termination, ing at the end the following new subsection: participant’’ after ‘‘commodity broker’’. or acceleration’’. ‘‘(d) Any provisions of this title relating to se- (r) TECHNICAL AND CONFORMING AMEND- (j) LIQUIDATION, TERMINATION, OR ACCELERA- curities contracts, commodity contracts, forward MENT.—Section 104 of title 11, United States TION OF SWAP AGREEMENTS.—Section 560 of title contracts, repurchase agreements, swap agree- Code, is amended by adding at the end the fol- 11, United States Code, is amended— ments, or master netting agreements shall apply lowing new subsection:

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‘‘(c) EXCEPTION FOR CERTAIN DEFINED ‘‘(B) cash; and section (b) that is payable to the clerk of the dis- TERMS.—No adjustments shall be made under ‘‘(C) securities. trict court or the clerk of the bankruptcy court this section to the dollar amounts set forth in ‘‘(3) ELIGIBLE ENTITY.—The term ‘eligible enti- upon the commencement of a case under chapter the definition of the term ‘financial participant’ ty’ means— 7 of title 11. in section 101(22A).’’. ‘‘(A) an issuer; or ‘‘(4) In addition to waiving a fee described in SEC. 402. RECORDKEEPING REQUIREMENTS. ‘‘(B) a trust, corporation, partnership, or paragraph (3) under paragraph (2), the district Section 11(e)(8) of the Federal Deposit Insur- other entity engaged exclusively in the business court or the bankruptcy court may waive any ance Act (12 U.S.C. 1821(e)(8)) is amended by of acquiring and transferring eligible assets di- other fee prescribed under subsection (b) or (c) adding at the end the following new subpara- rectly or indirectly to an issuer and taking ac- if the court determines that the individual is un- graph: tions ancillary thereto; able to pay that fee in installments.’’. SEC. 403. DAMAGE MEASURE. ‘‘(4) ISSUER.—The term ‘issuer’ means a trust, SEC. 408. APPLICABILITY. (a) Title 11, United States Code, is amended corporation, partnership, or other entity en- The amendments made by this title shall apply by inserting after section 561 (as added by sec- gaged exclusively in the business of acquiring with respect to cases commenced or appoint- tion 7(k)) the following new section: and holding eligible assets, issuing securities ments made under any Federal or State law backed by eligible assets, and taking actions an- after the date of enactment of this Act. ‘‘§ 561. Damage measure in connection with cillary thereto. swap agreements, securities contracts, for- TITLE V—ANCILLARY AND OTHER CROSS- ‘‘(5) TRANSFERRED.—The term ‘transferred’ BORDER CASES ward contracts, commodity contracts, repur- means the debtor, pursuant to a written agree- chase agreements, or master netting agree- ment, represented and warranted that eligible SEC. 501. AMENDMENT TO ADD A CHAPTER 6 TO ments assets were sold, contributed, or otherwise con- TITLE 11, UNITED STATES CODE. ‘‘If the trustee rejects a swap agreement, secu- veyed with the intention of removing them from (a) IN GENERAL.—Title 11, United States Code, rities contract as defined in section 741 of this the estate of the debtor pursuant to subsection is amended by inserting after chapter 5 the fol- title, forward contract, repurchase agreement, (b)(5), irrespective, without limitation of— lowing: or master netting agreement pursuant to section ‘‘(A) whether the debtor directly or indirectly ‘‘CHAPTER 6—ANCILLARY AND OTHER 365(a) of this title, or if a forward contract mer- obtained or held an interest in the issuer or in CROSS-BORDER CASES chant, stockbroker, financial institution, securi- any securities issued by the issuer; ties clearing agency, repo participant, master ‘‘Sec. ‘‘(B) whether the debtor had an obligation to ‘‘601. Purpose and scope of application. netting agreement participant, or swap partici- repurchase or to service or supervise the serv- pant liquidates, terminates, or accelerates any icing of all or any portion of such eligible assets; ‘‘SUBCHAPTER I—GENERAL PROVISIONS such contract or agreement, damages shall be or ‘‘602. Definitions. measured as of the earlier of— ‘‘(C) the characterization of such sale, con- ‘‘603. International obligations of the United ‘‘(1) the date of such rejection; or tribution, or other conveyance for tax, account- States. ‘‘(2) the date of such liquidation, termination, ing, regulatory reporting, or other purposes.’’. ‘‘604. Commencement of ancillary case. or acceleration.’’. SEC. 405. PROHIBITION ON CERTAIN ACTIONS ‘‘605. Authorization to act in a foreign country. (b) CLAIMS ARISING FROM REJECTION.—Sec- FOR FAILURE TO INCUR FINANCE ‘‘606. Public policy exception. tion 502(g) of title 11, United States Code, is CHARGES. ‘‘607. Additional assistance. amended— Section 106 of the Truth in Lending Act (15 ‘‘608. Interpretation. (1) by designating the existing text as para- U.S.C. 1605) is amended by adding at the end ‘‘SUBCHAPTER II—ACCESS OF FOREIGN graph (1); and the following: REPRESENTATIVES AND CREDITORS TO (2) by adding at the end the following new ‘‘(g) PROHIBITION ON CERTAIN ACTIONS FOR THE COURT paragraph: FAILURE TO INCUR FINANCE CHARGES.—A cred- ‘‘(2) A claim for damages calculated in accord- ‘‘609. Right of direct access. itor may not, solely because a consumer has not ance with section 562 of this title shall be al- ‘‘610. Limited jurisdiction. incurred finance charges in connection with an lowed under subsection (a),(b), or (c) of this sec- ‘‘611. Commencement of bankruptcy case under extension of credit— tion or disallowed under subsection (d) or (e) of section 301 or 303. ‘‘(1) refuse to renew or continue to offer the this section as if such claim had arisen before ‘‘612. Participation of a foreign representative extension of credit to that consumer; or the date of the filing of the petition.’’. in a case under this title. ‘‘(2) charge a fee to that consumer in lieu of ‘‘613. Access of foreign creditors to a case under SEC. 404. ASSET-BACKED SECURITIZATIONS. a finance charge.’’. this title. Section 541 of title 11, United States Code, is SEC. 406. FEES ARISING FROM CERTAIN OWNER- ‘‘614. Notification to foreign creditors con- amended— SHIP INTERESTS. cerning a case under this title. (1) in subsection (b), by striking ‘‘or’’ at the Section 523(a)(16) of title 11, United States end of paragraph (4); ‘‘SUBCHAPTER III—RECOGNITION OF A Code, is amended— (2) by redesignating paragraph (5) of sub- FOREIGN PROCEEDING AND RELIEF (1) by striking ‘‘dwelling’’ the first place it ap- section (b) as paragraph (6); ‘‘615. Application for recognition of a foreign pears; (3) by inserting after paragraph (4) of sub- proceeding. (2) by striking ‘‘ownership or’’ and inserting section (b) the following new paragraph: ‘‘616. Presumptions concerning recognition. ‘‘(5) any eligible asset (or proceeds thereof), to ‘‘ownership,’’; ‘‘617. Order recognizing a foreign proceeding. the extent that such eligible asset was trans- (3) by striking ‘‘housing’’ the first place it ap- ‘‘618. Subsequent information. ferred by the debtor, before the date of com- pears; and ‘‘619. Relief that may be granted upon petition mencement of the case, to an eligible entity in (4) by striking ‘‘but only’’ and all that follows for recognition of a foreign pro- connection with an asset-backed securitization, through ‘‘such period,’’, and inserting ‘‘or a lot ceeding. except to the extent such asset (or proceeds or in a homeowners association, for as long as the ‘‘620. Effects of recognition of a foreign main value thereof) may be recovered by the trustee debtor or the trustee has a legal, equitable, or proceeding. under section 550 by virtue of avoidance under possessory ownership interest in such unit, such ‘‘621. Relief that may be granted upon recogni- section 548(a); or’’; and corporation, or such lot,’’. tion of a foreign proceeding. (4) by adding at the end the following new SEC. 407. BANKRUPTCY FEES. ‘‘622. Protection of creditors and other inter- subsection: Section 1930 of title 28, United States Code, is ested persons. ‘‘(e) DEFINITIONS.—For purposes of this sec- amended— ‘‘623. Actions to avoid acts detrimental to credi- tion, the following definitions shall apply: (1) in subsection (a), by striking ‘‘Notwith- tors. ‘‘(1) ASSET-BACKED SECURITIZATION.—The standing section 1915 of this title, the parties’’ ‘‘624. Intervention by a foreign representative. term ‘asset-backed securitization’ means a and inserting ‘‘Subject to subsection (f), the par- ‘‘SUBCHAPTER IV—COOPERATION WITH transaction in which eligible assets transferred ties’’; and FOREIGN COURTS AND FOREIGN REP- to an eligible entity are used as the source of (2) by adding at the end the following: RESENTATIVES payment on securities, the most senior of which ‘‘(f)(1) The Judicial Conference of the United ‘‘625. Cooperation and direct communication be- are rated investment grade by 1 or more nation- States shall prescribe procedures for waiving tween the court and foreign ally recognized securities rating organizations, fees under this subsection. courts or foreign representatives. issued by an issuer; ‘‘(2) Under the procedures described in para- ‘‘626. Cooperation and direct communication be- ‘‘(2) ELIGIBLE ASSET.—The term ‘eligible asset’ graph (1), the district court or the bankruptcy tween the trustee and foreign means— court may waive a filing fee described in para- courts or foreign representatives. ‘‘(A) financial assets (including interests graph (3) for a case commenced under chapter 7 ‘‘627. Forms of cooperation. therein and proceeds thereof), either fixed or re- of title 11 if the court determines that an indi- volving, including residential and commercial vidual debtor is unable to pay that fee in in- ‘‘SUBCHAPTER V—CONCURRENT mortgage loans, consumer receivables, trade re- stallments. PROCEEDINGS ceivables, and lease receivables, that, by their ‘‘(3) A filing fee referred to in paragraph (2) ‘‘628. Commencement of a case under this title terms, convert into cash within a finite time pe- is— after recognition of a foreign riod, plus any rights or other assets designed to ‘‘(A) a filing fee under subsection (a)(1); or main proceeding. assure the servicing or timely distribution of ‘‘(B) any other fee prescribed by the Judicial ‘‘629. Coordination of a case under this title proceeds to security holders; Conference of the United States under sub- and a foreign proceeding.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 6343 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10781 ‘‘630. Coordination of more than 1 foreign pro- any treaty or other form of agreement to which ‘‘§ 611. Commencement of bankruptcy case ceeding. it is a party with 1 or more other countries, the under section 301 or 303 ‘‘631. Presumption of insolvency based on rec- requirements of the treaty or agreement prevail. ‘‘(a) Upon filing a petition for recognition, a ognition of a foreign main pro- ‘‘§ 604. Commencement of ancillary case foreign representative may commence— ceeding. ‘‘632. Rule of payment in concurrent pro- ‘‘A case under this chapter is commenced by ‘‘(1) an involuntary case under section 303; or ceedings. the filing of a petition for recognition of a for- ‘‘(2) a voluntary case under section 301 or 302, eign proceeding under section 615. ‘‘§ 601. Purpose and scope of application if the foreign proceeding is a foreign main pro- ceeding. ‘‘(a) The purpose of this chapter is to incor- ‘‘§ 605. Authorization to act in a foreign coun- porate the Model Law on Cross-Border Insol- try ‘‘(b) The petition commencing a case under vency so as to provide effective mechanisms for ‘‘A trustee or another entity designated by the subsection (a) of this section must be accom- dealing with cases of cross-border insolvency court may be authorized by the court to act in panied by a statement describing the petition for with the objectives of— a foreign country on behalf of an estate created recognition and its current status. The court ‘‘(1) cooperation between— under section 541. An entity authorized to act where the petition for recognition has been filed ‘‘(A) United States courts, United States under this section may act in any way permitted must be advised of the foreign representative’s Trustees, trustees, examiners, debtors, and debt- by the applicable foreign law. intent to commence a case under subsection (a) ors in possession; and ‘‘§ 606. Public policy exception of this section prior to such commencement. ‘‘(B) the courts and other competent authori- ‘‘(c) A case under subsection (a) shall be dis- ‘‘Nothing in this chapter prevents the court ties of foreign countries involved in cross-border missed unless recognition is granted. from refusing to take an action governed by this insolvency cases; chapter if the action would be manifestly con- ‘‘§ 612. Participation of a foreign representa- ‘‘(2) greater legal certainty for trade and in- trary to the public policy of the United States. tive in a case under this title vestment; ‘‘(3) fair and efficient administration of cross- ‘‘§ 607. Additional assistance ‘‘Upon recognition of a foreign proceeding, border insolvencies that protects the interests of ‘‘(a) Nothing in this chapter limits the power the foreign representative in that proceeding is all creditors, and other interested entities, in- of the court, upon recognition of a foreign pro- entitled to participate as a party in interest in cluding the debtor; ceeding, to provide additional assistance to a a case regarding the debtor under this title. ‘‘(4) protection and maximization of the value foreign representative under this title or under ‘‘§ 613. Access of foreign creditors to a case of the debtor’s assets; and other laws of the United States. under this title ‘‘(5) facilitation of the rescue of financially ‘‘(b) In determining whether to provide addi- troubled businesses, thereby protecting invest- tional assistance under this title or under other ‘‘(a) Foreign creditors have the same rights re- ment and preserving employment. laws of the United States, the court shall con- garding the commencement of, and participation ‘‘(b) This chapter applies where— sider whether such additional assistance, con- in, a case under this title as domestic creditors. ‘‘(1) assistance is sought in the United States sistent with the principles of comity, will rea- ‘‘(b)(1) Subsection (a) of this section does not by a foreign court or a foreign representative in sonably assure— change or codify law in effect on the date of en- connection with a foreign proceeding; ‘‘(1) just treatment of all holders of claims actment of this chapter as to the priority of ‘‘(2) assistance is sought in a foreign country against or interests in the debtor’s property; claims under section 507 or 726, except that the in connection with a case under this title; ‘‘(2) protection of claim holders in the United claim of a foreign creditor under those sections ‘‘(3) a foreign proceeding and a case under States against prejudice and inconvenience in shall not be given a lower priority than the class this title with respect to the same debtor are tak- the processing of claims in such foreign pro- of general unsecured claims without priority ing place concurrently; or ceeding; solely because the holder of such claim is a for- ‘‘(4) creditors or other interested persons in a eign creditor. foreign country have an interest in requesting ‘‘(3) prevention of preferential or fraudulent ‘‘(2)(A) Subsection (a) of this section and the commencement of, or participating in, a case dispositions of property of the debtor; ‘‘(4) distribution of proceeds of the debtor’s paragraph (1) of this subsection do not change or proceeding under this title. ‘‘(c) This chapter does not apply to— property substantially in accordance with the or codify law in effect on the date of enactment ‘‘(1) a proceeding concerning an entity identi- order prescribed by this title; and of this chapter as to the allowability of foreign fied by exclusion in subsection 109(b); or ‘‘(5) if appropriate, the provision of an oppor- revenue claims or other foreign public law ‘‘(2) a natural person or a natural person and tunity for a fresh start for the individual that claims in a proceeding under this title. that person’s spouse who have debts within the such foreign proceeding concerns. ‘‘(B) Allowance and priority as to a foreign limits specified in under section 109(e) and who ‘‘§ 608. Interpretation tax claim or other foreign public law claim shall are citizens of the United States or aliens law- ‘‘In interpreting this chapter, the court shall be governed by any applicable tax treaty of the fully admitted for permanent residence in the consider its international origin, and the need United States, under the conditions and cir- United States. to promote an application of this chapter that is cumstances specified therein. ‘‘SUBCHAPTER I—GENERAL PROVISIONS consistent with the application of similar stat- ‘‘§ 614. Notification to foreign creditors con- ‘‘§ 602. Definitions utes adopted by foreign jurisdictions. cerning a case under this title ‘‘For the purposes of this chapter, the term— ‘‘SUBCHAPTER II—ACCESS OF FOREIGN ‘‘(a) Whenever in a case under this title, no- ‘‘(1) ‘debtor’ means an entity that is the sub- REPRESENTATIVES AND CREDITORS TO tice is to be given to creditors generally or to ject of a foreign proceeding; THE COURT any class or category of creditors, such notice ‘‘(2) ‘establishment’ means any place of oper- ‘‘§ 609. Right of direct access shall also be given to the known creditors gen- ations where the debtor carries out a nontransi- ‘‘(a) A foreign representative is entitled to erally, or to creditors in the notified class or cat- tory economic activity; commence a case under section 604 by filing a egory, that do not have addresses in the United ‘‘(3) ‘foreign court’ means a judicial or other States. The court may order that appropriate authority competent to control or supervise a petition for recognition under section 615, and upon recognition, to apply directly to other Fed- steps be taken with a view to notifying any foreign proceeding; creditor whose address is not yet known. ‘‘(4) ‘foreign main proceeding’ means a foreign eral and State courts for appropriate relief in ‘‘(b) The notification to creditors with foreign proceeding taking place in the country where those courts. addresses described in subsection (a) shall be the debtor has the center of its main interests; ‘‘(b) Upon recognition, and subject to section ‘‘(5) ‘foreign nonmain proceeding’ means a 610, a foreign representative has the capacity to given individually, unless the court considers foreign proceeding, other than a foreign main sue and be sued. that, under the circumstances, some other form proceeding, taking place in a country where the ‘‘(c) Recognition under this chapter is pre- of notification would be more appropriate. No debtor has an establishment; requisite to the granting of comity or coopera- letters rogatory or other similar formality is re- ‘‘(6) ‘trustee’ includes a trustee, a debtor in tion to a foreign proceeding in any State or Fed- quired. possession in a case under any chapter of this eral court in the United States. Any request for ‘‘(c) When a notification of commencement of title, or a debtor under chapters 9 or 13 of this comity or cooperation in any court shall be ac- a case is to be given to foreign creditors, the no- title; and companied by a sworn statement setting forth tification shall— ‘‘(7) ‘within the territorial jurisdiction of the whether recognition under section 615 has been ‘‘(1) indicate the time period for filing proofs United States’ when used with reference to sought and the status of any such petition. of claim and specify the place for their filing; property of a debtor refers to tangible property ‘‘(d) Upon denial of recognition under this ‘‘(2) indicate whether secured creditors need located within the territory of the United States chapter, the court may issue appropriate orders to file their proofs of claim; and and intangible property deemed to be located necessary to prevent an attempt to obtain com- ‘‘(3) contain any other information required to within that territory, including any property ity or cooperation from courts in the United be included in such a notification to creditors that may properly be seized or garnished by an States without such recognition. pursuant to this title and the orders of the action in a Federal or State court in the United ‘‘§ 610. Limited jurisdiction court. States. ‘‘The sole fact that a foreign representative ‘‘(d) Any rule of procedure or order of the ‘‘§ 603. International obligations of the United files a petition under sections 604 and 615 does court as to notice or the filing of a claim shall States not subject the foreign representative to the ju- provide such additional time to creditors with ‘‘To the extent that this chapter conflicts with risdiction of any court in the United States for foreign addresses as is reasonable under the cir- an obligation of the United States arising out of any other purpose. cumstances.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10782 CONGRESSIONAL RECORD — SENATE September 23, 1998 ‘‘SUBCHAPTER III—RECOGNITION OF A representative shall file with the court promptly ‘‘(1) staying the commencement or continu- FOREIGN PROCEEDING AND RELIEF a notice of change of status concerning— ation of individual actions or individual pro- ‘‘§ 615. Application for recognition of a foreign ‘‘(1) any substantial change in the status of ceedings concerning the debtor’s assets, rights, proceeding the foreign proceeding or the status of the for- obligations or liabilities to the extent they have ‘‘(a) A foreign representative applies to the eign representative’s appointment; and not been stayed under section 620(a); court for recognition of the foreign proceeding ‘‘(2) any other foreign proceeding regarding ‘‘(2) staying execution against the debtor’s as- in which the foreign representative has been ap- the debtor that becomes known to the foreign sets to the extent it has not been stayed under pointed by filing a petition for recognition. representative. section 620(a); ‘‘(b) A petition for recognition shall be accom- ‘‘§ 619. Relief that may be granted upon peti- ‘‘(3) suspending the right to transfer, encum- panied by— tion for recognition of a foreign proceeding ber or otherwise dispose of any assets of the ‘‘(1) a certified copy of the decision com- ‘‘(a) From the time of filing a petition for rec- debtor to the extent this right has not been sus- mencing the foreign proceeding and appointing ognition until the petition is decided upon, the pended under section 620(a); the foreign representative; court may, at the request of the foreign rep- ‘‘(4) providing for the examination of wit- ‘‘(2) a certificate from the foreign court af- resentative, where relief is urgently needed to nesses, the taking of evidence or the delivery of firming the existence of the foreign proceeding protect the assets of the debtor or the interests information concerning the debtor’s assets, af- and of the appointment of the foreign represent- of the creditors, grant relief of a provisional na- fairs, rights, obligations or liabilities; ative; or ture, including— ‘‘(3) in the absence of evidence referred to in ‘‘(1) staying execution against the debtor’s as- ‘‘(5) entrusting the administration or realiza- paragraphs (1) and (2), any other evidence ac- sets; tion of all or part of the debtor’s assets within ceptable to the court of the existence of the for- ‘‘(2) entrusting the administration or realiza- the territorial jurisdiction of the United States eign proceeding and of the appointment of the tion of all or part of the debtor’s assets located to the foreign representative or another person, foreign representative. in the United States to the foreign representa- including an examiner, designated by the court; ‘‘(c) A petition for recognition shall also be tive or another person designated by the court, ‘‘(6) extending relief granted under section accompanied by a statement identifying all for- including an examiner, in order to protect and 619(a); and eign proceedings with respect to the debtor that preserve the value of assets that, by their nature are known to the foreign representative. ‘‘(7) granting any additional relief that may ‘‘(d) The documents referred to in paragraphs or because of other circumstances, are perish- be available to a trustee, except for relief avail- (1) and (2) of subsection (b) must be translated able, susceptible to devaluation or otherwise in able under sections 522, 544, 545, 547, 548, 550, into English. The court may require a trans- jeopardy; and and 724(a). ‘‘(3) any relief referred to in paragraph (3), lation into English of additional documents. ‘‘(b) Upon recognition of a foreign proceeding, (4), or (7) of section 621(a). ‘‘§ 616. Presumptions concerning recognition ‘‘(b) Unless extended under section 621(a)(6), whether main or nonmain, the court may, at the ‘‘(a) If the decision or certificate referred to in the relief granted under this section terminates request of the foreign representative, entrust the section 615(b) indicates that the foreign pro- when the petition for recognition is decided distribution of all or part of the debtor’s assets ceeding is a foreign proceeding within the mean- upon. located in the United States to the foreign rep- ing of section 101(23) and that the person or ‘‘(c) It is a ground for denial of relief under resentative or another person, including an ex- body is a foreign representative within the this section that such relief would interfere with aminer, designated by the court, provided that meaning of section 101(24), the court is entitled the administration of a foreign main proceeding. the court is satisfied that the interests of credi- to so presume. ‘‘(d) The court may not enjoin a police or reg- tors in the United States are sufficiently pro- ‘‘(b) The court is entitled to presume that doc- ulatory act of a governmental unit, including a tected. uments submitted in support of the petition for criminal action or proceeding, under this sec- ‘‘(c) In granting relief under this section to a recognition are authentic, whether the docu- tion. representative of a foreign nonmain proceeding, ments have been subjected to legal processing ‘‘(e) The standards, procedures, and limita- the court must be satisfied that the relief relates under applicable law. tions applicable to an injunction shall apply to to assets that, under the law of the United ‘‘(c) In the absence of evidence to the con- relief under this section. States, should be administered in the foreign trary, the debtor’s registered office, or habitual ‘‘§ 620. Effects of recognition of a foreign main nonmain proceeding or concerns information re- residence in the case of an individual, is pre- proceeding quired in that proceeding. sumed to be the center of the debtor’s main in- ‘‘(d) The court may not enjoin a police or reg- terests. ‘‘(a) Upon recognition of a foreign proceeding that is a foreign main proceeding— ulatory act of a governmental unit, including a ‘‘§ 617. Order recognizing a foreign proceeding ‘‘(1) section 362 applies with respect to the criminal action or proceeding, under this sec- ‘‘(a) Subject to section 606, an order recog- debtor and that property of the debtor that is tion. nizing a foreign proceeding shall be entered if— within the territorial jurisdiction of the United ‘‘§ 622. Protection of creditors and other inter- ‘‘(1) the foreign proceeding is a foreign main States; and ested persons proceeding or foreign nonmain proceeding with- ‘‘(2) transfer, encumbrance, or any other dis- in the meaning of section 602 and is a foreign position of an interest of the debtor in property ‘‘(a) In granting or denying relief under sec- proceeding within the meaning of section within the territorial jurisdiction of the United tion 619 or 621, or in modifying or terminating 101(23); States is restrained as and to the extent that is relief under subsection (c) of this section, the ‘‘(2) the person or body applying for recogni- provided for property of an estate under sections court must find that the interests of the credi- tion is a foreign representative within the mean- 363, 549, and 552. tors and other interested persons or entities, in- ing of section 101(24); and cluding the debtor, are sufficiently protected. ‘‘(3) the petition meets the requirements of sec- Unless the court orders otherwise, the foreign tion 615. representative may operate the debtor’s business ‘‘(b) The court may subject relief granted ‘‘(b) The foreign proceeding shall be recog- and may exercise the powers of a trustee under under section 619 or 621 to conditions it con- nized— section 549, subject to sections 363 and 552. siders appropriate. ‘‘(1) as a foreign main proceeding if it is tak- ‘‘(b) The scope, and the modification or termi- ‘‘(c) The court may, at the request of the for- ing place in the country where the debtor has nation, of the stay and restraints referred to in eign representative or an entity affected by re- the center of its main interests; or subsection (a) of this section are subject to the lief granted under section 619 or 621, or at its ‘‘(2) as a foreign nonmain proceeding if the exceptions and limitations provided in sub- own motion, modify or terminate such relief. debtor has an establishment within the meaning sections (b), (c), and (d) of section 362, sub- of section 602 in the foreign country where the sections (b) and (c) of section 363, and sections ‘‘§ 623. Actions to avoid acts detrimental to proceeding is pending. 552, 555 through 557, 559, and 560. creditors ‘‘(c) A petition for recognition of a foreign ‘‘(c) Subsection (a) of this section does not af- ‘‘(a) Upon recognition of a foreign proceeding, proceeding shall be decided upon at the earliest fect the right to commence individual actions or the foreign representative has standing in a possible time. Entry of an order recognizing a proceedings in a foreign country to the extent pending case under another chapter of this title foreign proceeding shall constitute recognition necessary to preserve a claim against the debtor. to initiate actions under sections 522, 544, 545, under this chapter. ‘‘(d) Subsection (a) of this section does not af- 547, 548, 550, and 724(a). fect the right of a foreign representative or an ‘‘(d) The provisions of this subchapter do not ‘‘(b) When the foreign proceeding is a foreign entity to file a petition commencing a case under prevent modification or termination of recogni- nonmain proceeding, the court must be satisfied this title or the right of any party to file claims tion if it is shown that the grounds for granting that an action under subsection (a) of this sec- or take other proper actions in such a case. it were fully or partially lacking or have ceased tion relates to assets that, under United States to exist, but in considering such action the court ‘‘§ 621. Relief that may be granted upon rec- law, should be administered in the foreign shall give due weight to possible prejudice to ognition of a foreign proceeding nonmain proceeding. parties that have relied upon the granting of ‘‘(a) Upon recognition of a foreign proceeding, recognition. The foreign proceeding may be whether main or nonmain, where necessary to ‘‘§ 624. Intervention by a foreign representa- closed in the manner prescribed for a case under effectuate the purpose of this chapter and to tive section 350. protect the assets of the debtor or the interests ‘‘Upon recognition of a foreign proceeding, ‘‘§ 618. Subsequent information of the creditors, the court may, at the request of the foreign representative may intervene in any ‘‘From the time of filing the petition for rec- the foreign representative, grant any appro- proceedings in a State or Federal court in the ognition of the foreign proceeding, the foreign priate relief, including— United States in which the debtor is a party.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10783 ‘‘SUBCHAPTER IV—COOPERATION WITH ‘‘(2) When a case in the United States under ters 7, 11, and 12, to debtors in possession under FOREIGN COURTS AND FOREIGN REP- this title commences after recognition, or after chapters 11 and 12, and to debtors or trustees RESENTATIVES the filing of the petition for recognition, of the under chapters 9 and 13 who are authorized to ‘‘§ 625. Cooperation and direct communication foreign proceeding— act under section 605.’’. between the court and foreign courts or for- ‘‘(A) any relief in effect under sections 619 or (b) DEFINITIONS.—Section 101 of title 11, eign representatives 621 shall be reviewed by the court and shall be United States Code, is amended by striking ‘‘(a) In all matters included within section modified or terminated if inconsistent with the paragraphs (23) and (24) and inserting the fol- 601, the court shall cooperate to the maximum case in the United States; and lowing: extent possible with foreign courts or foreign ‘‘(B) if the foreign proceeding is a foreign ‘‘(23) ‘foreign proceeding’ means a collective representatives, either directly or through the main proceeding, the stay and suspension re- judicial or administrative proceeding in a for- trustee. ferred to in section 620(a) shall be modified or eign state, including an interim proceeding, pur- ‘‘(b) The court is entitled to communicate di- terminated if inconsistent with the case in the suant to a law relating to insolvency in which rectly with, or to request information or assist- United States. proceeding the assets and affairs of the debtor ance directly from, foreign courts or foreign rep- ‘‘(3) In granting, extending, or modifying re- are subject to control or supervision by a foreign resentatives, subject to the rights of parties in lief granted to a representative of a foreign court, for the purpose of reorganization or liq- interest to notice and participation. nonmain proceeding, the court must be satisfied uidation; ‘‘§ 626. Cooperation and direct communication that the relief relates to assets that, under the ‘‘(24) ‘foreign representative’ means a person between the trustee and foreign courts or law of the United States, should be administered or body, including 1 appointed on an interim foreign representatives in the foreign nonmain proceeding or concerns basis, authorized in a foreign proceeding to ad- ‘‘(a) In all matters included in section 601, the information required in that proceeding. minister the reorganization or the liquidation of ‘‘(4) In achieving cooperation and coordina- trustee or other person, including an examiner, the debtor’s assets or affairs or to act as a rep- tion under sections 628 and 629, the court may designated by the court, shall, subject to the su- resentative of the foreign proceeding;’’. pervision of the court, cooperate to the max- grant any of the relief authorized under section (c) AMENDMENTS TO TITLE 28, UNITED STATES imum extent possible with foreign courts or for- 305. CODE.— eign representatives. ‘‘§ 630. Coordination of more than 1 foreign (1) PROCEDURES.—Section 157(b)(2) of title 28, ‘‘(b) The trustee or other person, including an proceeding United States Code, is amended— examiner, designated by the court is entitled, ‘‘In matters referred to in section 601, with re- (A) in subparagraph (N), by striking ‘‘and’’ at subject to the supervision of the court, to com- spect to more than one foreign proceeding re- the end; municate directly with foreign courts or foreign garding the debtor, the court shall seek coopera- (B) in subparagraph (O), by striking the pe- representatives. tion and coordination under sections 625, 626, riod at the end and inserting ‘‘; and’’; and ‘‘(c) Section 1104(d) shall apply to the ap- and 627, and the following shall apply: (C) by adding at the end the following: pointment of an examiner under this chapter. ‘‘(1) Any relief granted under section 619 or ‘‘(P) recognition of foreign proceedings and Any examiner shall comply with the qualifica- 621 to a representative of a foreign nonmain other matters under chapter 6.’’. tion requirements imposed on a trustee by sec- proceeding after recognition of a foreign main (2) BANKRUPTCY CASES AND PROCEEDINGS.— tion 322(a). proceeding must be consistent with the foreign Section 1334(c) of title 28, United States Code, is ‘‘§ 627. Forms of cooperation main proceeding. amended by striking ‘‘Nothing in’’ and inserting ‘‘Except with respect to a case under chapter 6 ‘‘Cooperation referred to in sections 625 and ‘‘(2) If a foreign main proceeding is recognized of title 11, nothing in’’. 626 may be implemented by any appropriate after recognition, or after the filing of a petition (3) DUTIES OF TRUSTEES.—Section 586(a)(3) of means, including— for recognition, of a foreign nonmain pro- ‘‘(1) appointment of a person or body, includ- ceeding, any relief in effect under section 619 or title 28, United States Code, is amended by in- ing an examiner, to act at the direction of the 621 shall be reviewed by the court and shall be serting ‘‘6,’’ after ‘‘chapter’’. court; modified or terminated if inconsistent with the TITLE VI—MISCELLANEOUS ‘‘(2) communication of information by any foreign main proceeding. SEC. 601. EXECUTORY CONTRACTS AND UNEX- means considered appropriate by the court; ‘‘(3) If, after recognition of a foreign nonmain PIRED LEASES. ‘‘(3) coordination of the administration and proceeding, another foreign nonmain proceeding Section 365(d)(4) of title 11, United States supervision of the debtor’s assets and affairs; is recognized, the court shall grant, modify, or Code, is amended to read as follows: ‘‘(4) approval or implementation of agreements terminate relief for the purpose of facilitating ‘‘(4)(A) Subject to subparagraph (B), in any concerning the coordination of proceedings; and coordination of the proceedings. case under any chapter of this title, an unex- ‘‘(5) coordination of concurrent proceedings pired lease of nonresidential real property under regarding the same debtor. ‘‘§ 631. Presumption of insolvency based on recognition of a foreign main proceeding which the debtor is the lessee shall be deemed ‘‘SUBCHAPTER V—CONCURRENT rejected and the trustee shall immediately sur- PROCEEDINGS ‘‘In the absence of evidence to the contrary, recognition of a foreign main proceeding is for render that nonresidential real property to the ‘‘§ 628. Commencement of a case under this the purpose of commencing a proceeding under lessor if the trustee does not assume or reject the title after recognition of a foreign main pro- section 303, proof that the debtor is generally unexpired lease by the earlier of— ceeding not paying its debts. ‘‘(i) the date that is 120 days after the date of ‘‘After recognition of a foreign main pro- the order for relief; or ceeding, a case under another chapter of this ‘‘§ 632. Rule of payment in concurrent pro- ‘‘(ii) the date of the entry of an order con- title may be commenced only if the debtor has ceedings firming a plan. assets in the United States. The effects of that ‘‘Without prejudice to secured claims or rights ‘‘(B) The court may extend the period deter- case shall be restricted to the assets of the debt- in rem, a creditor who has received payment mined under subparagraph (A) only upon a mo- or that are within the territorial jurisdiction of with respect to its claim in a foreign proceeding tion of the lessor.’’. the United States and, to the extent necessary to pursuant to a law relating to insolvency may SEC. 602. EXPEDITED APPEALS OF BANKRUPTCY implement cooperation and coordination under not receive a payment for the same claim in a CASES TO COURTS OF APPEALS. sections 625, 626, and 627, to other assets of the case under any other chapter of this title re- (a) IN GENERAL.—Section 158 of title 28, debtor that are within the jurisdiction of the garding the debtor, so long as the payment to United States Code, is amended— court under sections 541(a) and 1334(e), to the other creditors of the same class is proportion- (1) by redesignating subsection (d) as sub- extent that such other assets are not subject to ately less than the payment the creditor has al- section (e); the jurisdiction and control of a foreign pro- ready received.’’. (2) by inserting after subsection (c) the fol- ceeding that has been recognized under this (b) CLERICAL AMENDMENT.—The table of lowing new subsection: chapter. chapters for title 11, United States Code, is ‘‘(d)(1) Any final judgment, decision, order, or ‘‘§ 629. Coordination of a case under this title amended by inserting after the item relating to decree of a bankruptcy judge entered for a case and a foreign proceeding chapter 5 the following: in accordance with section 157 may be appealed ‘‘Where a foreign proceeding and a case under ‘‘6. Ancillary and Other Cross-Border by any party in such case to the appropriate another chapter of this title are taking place Cases ...... 601’’. court of appeals if— concurrently regarding the same debtor, the SEC. 502. AMENDMENTS TO OTHER CHAPTERS IN ‘‘(A) an appeal from such judgment, decision, court shall seek cooperation and coordination TITLE 11, UNITED STATES CODE. order, or decree is first filed with the appro- under sections 625, 626, and 627, and the fol- (a) APPLICABILITY OF CHAPTERS.—Section 103 priate district court of the United States; and lowing shall apply: of title 11, United States Code, is amended— ‘‘(B) the decision on the appeal described ‘‘(1) When the case in the United States is (1) in subsection (a), by inserting before the under subparagraph (A) is not filed by a district taking place at the time the petition for recogni- period the following: ‘‘and this chapter, sections court judge within 30 days after the date such tion of the foreign proceeding is filed— 307, 555 through 557, 559, and 560 apply in a appeal is filed with the district court. ‘‘(A) any relief granted under sections 619 or case under chapter 6’’; and ‘‘(2) On the date that an appeal is filed with 621 must be consistent with the case in the (2) by adding at the end the following: a court of appeals under paragraph (1), the United States; and ‘‘(j) Chapter 6 applies only in a case under chief judge for such court of appeals shall issue ‘‘(B) even if the foreign proceeding is recog- that chapter, except that section 605 applies to an order to the clerk for the district court from nized as a foreign main proceeding, section 620 trustees and to any other entity designated by which the appeal is filed. Such order shall direct does not apply. the court, including an examiner, under chap- the clerk to enter the final judgment, decision,

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10784 CONGRESSIONAL RECORD — SENATE September 23, 1998 order, or decree of the bankruptcy judge as the ‘‘(I) Notwithstanding section 545 (2) and (3) of SEC. 707. SPECIAL TAX PROVISIONS. final judgment, decision, order, or decree of the this title, the trustee may not avoid a Section 346(g)(1)(C) of title 11, United States district court.’’; and warehouseman’s lien for storage, transportation Code, is amended by striking ‘‘, except’’ and all (3) in subsection (e), (as redesignated by para- or other costs incidental to the storage and han- that follows through ‘‘1986’’. graph (1) of this section) by striking ‘‘sub- dling of goods, as provided by section 7–209 of SEC. 708. EFFECT OF CONVERSION. sections (a) and (b)’’ and inserting ‘‘subsections the Uniform Commercial Code.’’. Section 348(f)(2) of title 11, United States (a), (b), and (d)’’. SEC. 608. AMENDMENT TO SECTION 330(a) OF Code, is amended by inserting ‘‘of the estate’’ (b) TECHNICAL AND CONFORMING AMEND- TITLE 11, UNITED STATES CODE. after ‘‘property’’ the first place it appears. MENTS.— Section 330(a) of title 11, United States Code, SEC. 709. AUTOMATIC STAY. (1) Section 305(c) of title 11, United States is amended— Section 362(b) of title 11, United States Code, Code, is amended by striking ‘‘section 158(d)’’ (1) in subsection (3)(A) after the word as amended by sections 326 and 401 of this Act, and inserting ‘‘section 158(e)’’. ‘‘awarded’’, by inserting ‘‘to an examiner, chap- is amended— (2) Section 1334(d) of title 28, United States ter 11 trustee, or professional person’’; and (1) in paragraph (21), by striking ‘‘or’’ at the Code, is amended by striking ‘‘section 158(d)’’ (2) by adding at the end of subsection (3)(A) end; and inserting ‘‘section 158(e)’’. the following: (2) in paragraph (22), by striking the period at (3) Section 1452(b) of title 28, United States ‘‘(3)(B) In determining the amount of reason- the end and inserting a semicolon; and Code, is amended by striking ‘‘section 158(d)’’ able compensation to be awarded a trustee, the (3) by inserting after paragraph (22) the fol- and inserting ‘‘section 158(e)’’. court shall treat such compensation as a com- lowing: SEC. 603. CREDITORS AND EQUITY SECURITY mission based on the results achieved.’’. ‘‘(23) under subsection (a) of this section of any transfer that is not avoidable under section HOLDERS COMMITTEES. TITLE VII—TECHNICAL CORRECTIONS Section 1102(a)(2) of title 11, United States 544 and that is not avoidable under section 549; Code, is amended by inserting before the first SEC. 701. DEFINITIONS. ‘‘(24) under subsection (a)(3) of this section, of sentence the following: ‘‘On its own motion or Section 101 of title 11, United States Code, as the continuation of any eviction, unlawful de- on request of a party in interest, and after no- amended by section 317, is amended— tainer action, or similar proceeding by a lessor tice and hearing, the court may order a change (1) by striking ‘‘In this title—’’ and inserting against a debtor involving residential real prop- in the membership of a committee appointed ‘‘In this title:’’; erty in which the debtor resides as a tenant under this subsection, if the court determines (2) in each paragraph, by inserting ‘‘The under a rental agreement and the debtor has that the change is necessary to ensure adequate term’’ after the paragraph designation; not paid rent to the lessor pursuant to the terms representation of creditors or equity security (3) in paragraph (35)(B), by striking ‘‘para- of the lease agreement or applicable State law holders.’’. graphs (21B) and (33)(A)’’ and inserting ‘‘para- after the commencement and during the course graphs (23) and (35)’’; of the case; SEC. 604. REPEAL OF SUNSET PROVISION. (4) in each of paragraphs (35A) and (38), by ‘‘(25) under subsection (a)(3) of this section, of Section 302 of the Bankruptcy Judges, United striking ‘‘; and’’ at the end and inserting a pe- the commencement or continuation of any evic- States Trustees, and Family Farmer Bankruptcy riod; tion, unlawful detainer action, or similar pro- Act of 1986 (28 U.S.C. 581 note) is amended by (5) in paragraph (51B)— ceeding by a lessor against a debtor involving striking subsection (f). (A) by inserting ‘‘who is not a family farmer’’ residential real property in which the debtor re- SEC. 605. CASES ANCILLARY TO FOREIGN PRO- after ‘‘debtor’’ the first place it appears; and sides as a tenant under a rental agreement that CEEDINGS. (B) by striking ‘‘thereto having aggregate’’ has terminated pursuant to the lease agreement Section 304 of title 11, United States Code, as and all that follows through the end of the or applicable State law; amended by section 410 of this Act, is amended paragraph; ‘‘(26) under subsection (a)(3) of this section, of by adding at the end the following: (6) by amending paragraph (54) to read as fol- any eviction, unlawful detainer action, or ‘‘(e)(1) In this subsection— lows: similiar proceeding, if the debtor has previously ‘‘(A) the term ‘domestic insurance company’ ‘‘(54) The term ‘transfer’ means— filed within the last year and failed to pay post- means a domestic insurance company, as that ‘‘(A) the creation of a lien; petition rent during the course of that case; or term is used in section 109(b)(2); ‘‘(B) the retention of title as a security inter- ‘‘(27) under subsection (a)(3) of this section, of ‘‘(B) the term ‘foreign insurance company’ est; eviction actions based on endangerment to prop- means a foreign insurance company, as that ‘‘(C) the foreclosure of a debtor’s equity of re- erty or person or the use of illegal drugs.’’. term is used in section 109(b)(3); demption; or SEC. 710. AMENDMENT TO TABLE OF SECTIONS. ‘‘(C) the term ‘United States claimant’ means ‘‘(D) each mode, direct or indirect, absolute or The table of sections for chapter 5 of title 11, a beneficiary of any deposit referred to in para- conditional, voluntary or involuntary, of dis- United States Code, is amended by striking the graph (2)(A) or any multibeneficiary trust re- posing of or parting with— item relating to section 556 and inserting the fol- ferred to in subparagraph (B) or (C) of para- ‘‘(i) property; or lowing: graph (2); ‘‘(ii) an interest in property;’’; ‘‘556. Contractual right to liquidate a commod- ‘‘(D) the term ‘United States creditor’ means, (7) in each of paragraphs (1) through (35), in ities contract or forward con- with respect to a foreign insurance company— each of paragraphs (36) and (37), and in each of tract.’’. ‘‘(i) a United States claimant; or paragraphs (40) through (56A) (including para- ‘‘(ii) any business entity that operates in the SEC. 711. ALLOWANCE OF ADMINISTRATIVE EX- graph (54), as amended by paragraph (6) of this PENSES. United States and that is a creditor; and section), by striking the semicolon at the end Section 503(b)(4) of title 11, United States ‘‘(E) the term ‘United States policyholder’ and inserting a period; and Code, is amended by inserting ‘‘subparagraph means a holder of an insurance policy issued in (8) by redesignating paragraphs (4) through (A), (B), (C), (D), or (E) of’’ before ‘‘paragraph the United States. (56A) in entirely numerical sequence, so as to re- (3)’’. ‘‘(2) Notwithstanding subsections (b) and (c), sult in numerical paragraph designations of (4) the court may not grant relief under subsection SEC. 712. PRIORITIES. through (77), respectively. (b) to a foreign insurance company that is not Section 507(a) of title 11, United States Code, engaged in the business of insurance or reinsur- SEC. 702. ADJUSTMENT OF DOLLAR AMOUNTS. as amended by section 323 of this Act, is amend- ance in the United States with respect to any Section 104 of title 11, United States Code, is ed— (1) in paragraph (3)(B), by striking the semi- claim made by a United States creditor amended by inserting ‘‘522(f)(3), 707(b)(5),’’ after colon at the end and inserting a period; and against— ‘‘522(d),’’ each place it appears. (2) in paragraph (7), by inserting ‘‘unsecured’’ ‘‘(A) a deposit required by an applicable State SEC. 703. EXTENSION OF TIME. after ‘‘allowed’’. insurance law; Section 108(c)(2) of title 11, United States ‘‘(B) a multibeneficiary trust required by an Code, is amended by striking ‘‘922’’ and all that SEC. 713. EXEMPTIONS. applicable State insurance law to protect United follows through ‘‘or’’, and inserting ‘‘922, 1201, Section 522 of title 11, United States Code, as States policyholders or claimants against a for- or’’. amended by section 320 of this Act, is amended— (1) in subsection (f)(1)(A)(ii)(II)— eign insurance company; or SEC. 704. WHO MAY BE A DEBTOR. (A) by striking ‘‘includes a liability designated ‘‘(C) a multibeneficiary trust authorized Section 109(b)(2) of title 11, United States as’’ and inserting ‘‘is for a liability that is des- under an applicable State insurance law to Code, is amended by striking ‘‘subsection (c) or ignated as, and is actually in the nature of,’’; allow a domestic insurance company that cedes (d) of’’. and reinsurance to the debtor to reflect the reinsur- SEC. 705. PENALTY FOR PERSONS WHO NEG- (B) by striking ‘‘, unless’’ and all that follows ance as an asset or deduction from liability in LIGENTLY OR FRAUDULENTLY PRE- through ‘‘support’’; and the ceding insurer’s financial statements.’’. PARE BANKRUPTCY PETITIONS. (2) in subsection (g)(2), by striking ‘‘sub- SEC. 606. LIMITATION. Section 110(j)(3) of title 11, United States section (f)(2)’’ and inserting ‘‘subsection Section 546(c)(1)(B) of title 11, United States Code, is amended by striking ‘‘attorney’s’’ and (f)(1)(B)’’. Code, is amended by striking ‘‘20’’ and inserting inserting ‘‘attorneys’ ’’. SEC. 714. EXCEPTIONS TO DISCHARGE. ‘‘45’’. SEC. 706. LIMITATION ON COMPENSATION OF Section 523 of title 11, United States Code, is SEC. 607. AMENDMENT TO SECTION 546 OF TITLE PROFESSIONAL PERSONS. amended— 11, UNITED STATES CODE. Section 328(a) of title 11, United States Code, (1) in subsection (a)(3), by striking ‘‘or (6)’’ Section 546 of title 11, United States Code, is is amended by inserting ‘‘on a fixed or percent- each place it appears and inserting ‘‘(6), or amended by inserting at the end thereof: age fee basis,’’ after ‘‘hourly basis,’’. (15)’’;

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10785 (2) as amended by section 304(e) of Public Law ‘‘(i) the trustee elected under paragraph (1) debtor under such security agreement, lease, or 103–394 (108 Stat. 4133), in paragraph (15), by shall be considered to have been selected and conditional sale contract; and transferring such paragraph so as to insert it appointed for purposes of this section; and ‘‘(B) any default, other than a default of a after paragraph (14) of subsection (a); ‘‘(ii) the service of any trustee appointed kind described in section 365(b)(2), under such (3) in subsection (a)(9), by inserting under subsection (d) shall terminate. security agreement, lease, or conditional sale ‘‘, watercraft, or aircraft’’ after ‘‘motor vehi- ‘‘(B) In the case of any dispute arising out of contract— cle’’; an election under subparagraph (A), the court ‘‘(i) that occurs before the date of commence- (4) in subsection (a)(15), as so redesignated by shall resolve the dispute.’’. ment of the case and is an event of default paragraph (2) of this subsection, by inserting SEC. 724. ABANDONMENT OF RAILROAD LINE. therewith is cured before the expiration of such ‘‘to a spouse, former spouse, or child of the debt- Section 1170(e)(1) of title 11, United States 60-day period; or and’’ after ‘‘(15)’’; Code, is amended by striking ‘‘section 11347’’ ‘‘(ii) that occurs or becomes an event of de- (5) in subsection (a)(17)— and inserting ‘‘section 11326(a)’’. fault after the date of commencement of the case (A) by striking ‘‘by a court’’ and inserting SEC. 725. CONTENTS OF PLAN. and before the expiration of such 60-day period ‘‘on a prisoner by any court’’; Section 1172(c)(1) of title 11, United States is cured before the later of— (B) by striking ‘‘section 1915 (b) or (f)’’ and Code, is amended by striking ‘‘section 11347’’ inserting ‘‘subsection (b) or (f)(2) of section ‘‘(I) the date that is 30 days after the date of and inserting ‘‘section 11326(a)’’. 1915’’; and the default or event of the default; or (C) by inserting ‘‘(or a similar non-Federal SEC. 726. DISCHARGE UNDER CHAPTER 12. ‘‘(II) the expiration of such 60-day period; law)’’ after ‘‘title 28’’ each place it appears; and Subsections (a) and (c) of section 1228 of title and (6) in subsection (e), by striking ‘‘a insured’’ 11, United States Code, are amended by striking ‘‘(iii) that occurs on or after the expiration of and inserting ‘‘an insured’’. ‘‘1222(b)(10)’’ each place it appears and insert- such 60-day period is cured in accordance with ing ‘‘1222(b)(9)’’. SEC. 715. EFFECT OF DISCHARGE. the terms of such security agreement, lease, or Section 524(a)(3) of title 11, United States SEC. 727. EXTENSIONS. conditional sale contract, if cure is permitted Code, is amended by striking ‘‘section 523’’ and Section 302(d)(3) of the Bankruptcy, Judges, under that agreement, lease, or conditional sale all that follows through ‘‘or that’’ and inserting United States Trustees, and Family Farmer contract. ‘‘section 523, 1228(a)(1), or 1328(a)(1) of this Bankruptcy Act of 1986 (28 U.S.C. 581 note) is ‘‘(2) The equipment described in this para- title, or that’’. amended— graph— (1) in subparagraph (A), in the matter fol- SEC. 716. PROTECTION AGAINST DISCRIMINA- ‘‘(A) is rolling stock equipment or accessories TORY TREATMENT. lowing clause (ii), by striking ‘‘or October 1, used on rolling stock equipment, including su- Section 525(c) of title 11, United States Code, 2002, whichever occurs first’’; and perstructures or racks, that is subject to a secu- is amended— (2) in subparagraph (F)— rity interest granted by, leased to, or condi- (1) in paragraph (1), by inserting ‘‘student’’ (A) in clause (i)— tionally sold to a debtor; and (i) in subclause (II), by striking ‘‘or October 1, before ‘‘grant’’ the second place it appears; and ‘‘(B) includes all records and documents relat- 2002, whichever occurs first’’; and (2) in paragraph (2), by striking ‘‘the program ing to such equipment that are required, under (ii) in the matter following subclause (II), by operated under part B, D, or E of’’ and insert- the terms of the security agreement, lease, or striking ‘‘October 1, 2003, or’’; and ing ‘‘any program operated under’’. conditional sale contract, that is to be surren- (B) in clause (ii), in the matter following sub- dered or returned by the debtor in connection SEC. 717. PROPERTY OF THE ESTATE. clause (II)— with the surrender or return of such equipment. Section 541(b)(4)(B)(ii) of title 11, United (i) by striking ‘‘before October 1, 2003, or’’; States Code, is amended by inserting ‘‘365 or’’ and ‘‘(3) Paragraph (1) applies to a secured party, before ‘‘542’’. (ii) by striking ‘‘, whichever occurs first’’. lessor, or conditional vendor acting in its own behalf or acting as trustee or otherwise in behalf SEC. 718. PREFERENCES. SEC. 728. BANKRUPTCY CASES AND PRO- Section 547 of title 11, United States Code, is CEEDINGS. of another party. amended— Section 1334(d) of title 28, United States Code, ‘‘(b) The trustee and the secured party, lessor, (1) in subsection (b), by striking ‘‘subsection is amended— or conditional vendor whose right to take pos- (c)’’ and inserting ‘‘subsections (c) and (h)’’; (1) by striking ‘‘made under this subsection’’ session is protected under subsection (a) may and and inserting ‘‘made under subsection (c)’’; and agree, subject to the court’s approval, to extend (2) by adding at the end the following: (2) by striking ‘‘This subsection’’ and insert- the 60-day period specified in subsection (a)(1). ‘‘(h) If the trustee avoids under subsection (b) ing ‘‘Subsection (c) and this subsection’’. ‘‘(c)(1) In any case under this chapter, the a security interest given between 90 days and 1 SEC. 729. KNOWING DISREGARD OF BANKRUPTCY trustee shall immediately surrender and return year before the date of the filing of the petition, LAW OR RULE. to a secured party, lessor, or conditional vendor, by the debtor to an entity that is not an insider Section 156(a) of title 18, United States Code, described in subsection (a)(1), equipment de- for the benefit of a creditor that is an insider, is amended— scribed in subsection (a)(2), if at any time after such security interest shall be considered to be (1) in the first undesignated paragraph— the date of commencement of the case under this avoided under this section only with respect to (A) by inserting ‘‘(1) the term’’ before ‘‘ ‘bank- chapter such secured party, lessor, or condi- the creditor that is an insider.’’. ruptcy’’; and tional vendor is entitled pursuant to subsection SEC. 719. POSTPETITION TRANSACTIONS. (B) by striking the period at the end and in- (a)(1) to take possession of such equipment and Section 549(c) of title 11, United States Code, serting ‘‘; and’’; and makes a written demand for such possession of is amended— (2) in the second undesignated paragraph— the trustee. (1) by inserting ‘‘an interest in’’ after ‘‘trans- (A) by inserting ‘‘(2) the term’’ before ‘‘ ‘docu- ‘‘(2) At such time as the trustee is required fer of’’; ment’’; and under paragraph (1) to surrender and return (2) by striking ‘‘such property’’ and inserting (B) by striking ‘‘this title’’ and inserting ‘‘title equipment described in subsection (a)(2), any ‘‘such real property’’; and 11’’. lease of such equipment, and any security (3) by striking ‘‘the interest’’ and inserting SEC. 730. ROLLING STOCK EQUIPMENT. agreement or conditional sale contract relating ‘‘such interest’’. (a) IN GENERAL.—Section 1168 of title 11, to such equipment, if such security agreement or SEC. 720. TECHNICAL AMENDMENT. United States Code, is amended to read as fol- conditional sale contract is an executory con- Section 552(b)(1) of title 11, United States lows: tract, shall be deemed rejected. Code, is amended by striking ‘‘product’’ each ‘‘§ 1168. Rolling stock equipment. ‘‘(d) With respect to equipment first placed in place it appears and inserting ‘‘products’’. service on or prior to October 22, 1994, for pur- ‘‘(a)(1) The right of a secured party with a se- poses of this section— SEC. 721. DISPOSITION OF PROPERTY OF THE ES- curity interest in or of a lessor or conditional TATE. vendor of equipment described in paragraph (2) ‘‘(1) the term ‘lease’ includes any written Section 726(b) of title 11, United States Code, to take possession of such equipment in compli- agreement with respect to which the lessor and is amended by striking ‘‘1009,’’. ance with an equipment security agreement, the debtor, as lessee, have expressed in the SEC. 722. GENERAL PROVISIONS. lease, or conditional sale contract, and to en- agreement or in a substantially contempora- Section 901(a) of title 11, United States Code, force any of its other rights or remedies under neous writing that the agreement is to be treated as amended by section 408, is amended by insert- such security agreement, lease, or conditional as a lease for Federal income tax purposes; and ing ‘‘1123(d),’’ after ‘‘1123(b),’’. sale contract, to sell, lease, or otherwise retain ‘‘(2) the term ‘security interest’ means a pur- SEC. 723. APPOINTMENT OF ELECTED TRUSTEE. or dispose of such equipment, is not limited or chase-money equipment security interest. Section 1104(b) of title 11, United States Code, otherwise affected by any other provision of this ‘‘(e) With respect to equipment first placed in is amended— title or by any power of the court, except that service after October 22, 1994, for purposes of (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and that right to take possession and enforce those this section, the term ‘rolling stock equipment’ (2) by adding at the end the following: other rights and remedies shall be subject to sec- includes rolling stock equipment that is substan- ‘‘(2)(A) If an eligible, disinterested trustee is tion 362, if— tially rebuilt and accessories used on such elected at a meeting of creditors under para- ‘‘(A) before the date that is 60 days after the equipment.’’. graph (1), the United States trustee shall file a date of commencement of a case under this (b) AIRCRAFT EQUIPMENT AND VESSELS.—Sec- report certifying that election. Upon the filing chapter, the trustee, subject to the court’s ap- tion 1110 of title 11, United States Code, is of a report under the preceding sentence— proval, agrees to perform all obligations of the amended to read as follows:

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10786 CONGRESSIONAL RECORD — SENATE September 23, 1998 ‘‘§ 1110. Aircraft equipment and vessels vendor is entitled pursuant to subsection (a)(1) with the Attorney General, the Director of the ‘‘(a)(1) Except as provided in paragraph (2) to take possession of such equipment and makes Administrative Office of United States Trustees, and subject to subsection (b), the right of a se- a written demand for such possession to the and the Director of the Administrative Office of cured party with a security interest in equip- trustee. the United States Courts, shall— ment described in paragraph (3), or of a lessor ‘‘(2) At such time as the trustee is required (1) conduct a study to determine— or conditional vendor of such equipment, to take under paragraph (1) to surrender and return (A) the internal and external factors that possession of such equipment in compliance with equipment described in subsection (a)(3), any cause small businesses, especially sole propri- a security agreement, lease, or conditional sale lease of such equipment, and any security etorships, to become debtors in cases under title contract, and to enforce any of its other rights agreement or conditional sale contract relating 11 of the United States Code and that cause cer- or remedies, under such security agreement, to such equipment, if such security agreement or tain small businesses to successfully complete lease, or conditional sale contract, to sell, lease, conditional sale contract is an executory con- cases under chapter 11 of such title; and (B) how Federal laws relating to bankruptcy or otherwise retain or dispose of such equip- tract, shall be deemed rejected. may be made more effective and efficient in as- ment, is not limited or otherwise affected by any ‘‘(d) With respect to equipment first placed in sisting small businesses to remain viable; and other provision of this title or by any power of service on or before October 22, 1994, for pur- (2) submit to the President pro tempore of the the court. poses of this section— Senate and the Speaker of the House of Rep- ‘‘(2) The right to take possession and to en- ‘‘(1) the term ‘lease’ includes any written resentatives a report summarizing that study. force the other rights and remedies described in agreement with respect to which the lessor and paragraph (1) shall be subject to section 362 if— the debtor, as lessee, have expressed in the SEC. 733. TRANSFERS MADE BY NONPROFIT CHARITABLE CORPORATIONS. ‘‘(A) before the date that is 60 days after the agreement or in a substantially contempora- (a) SALE OF PROPERTY OF ESTATE.—Section date of the order for relief under this chapter, neous writing that the agreement is to be treated 363(d) of title 11, United States Code, is amend- the trustee, subject to the approval of the court, as a lease for Federal income tax purposes; and ed— agrees to perform all obligations of the debtor ‘‘(2) the term ‘security interest’ means a pur- chase-money equipment security interest.’’. (1) by striking ‘‘only’’ and all that follows under such security agreement, lease, or condi- through the end of the subsection and inserting SEC. 731. CURBING ABUSIVE FILINGS. tional sale contract; and ‘‘only— (a) IN GENERAL.—Section 362(d) of title 11, ‘‘(B) any default, other than a default of a ‘‘(1) in accordance with applicable nonbank- United States Code, is amended— kind specified in section 365(b)(2), under such ruptcy law that governs the transfer of property (1) in paragraph (2), by striking ‘‘or’’ at the security agreement, lease, or conditional sale by a corporation or trust that is not a moneyed, end; contract— business, or commercial corporation or trust; (2) in paragraph (3), by striking the period at ‘‘(i) that occurs before the date of the order is and cured before the expiration of such 60-day pe- the end and inserting ‘‘; or’’; and ‘‘(2) to the extent not inconsistent with any riod; (3) by adding at the end the following: relief granted under subsection (c), (d), (e), or ‘‘(4) with respect to a stay of an act against ‘‘(ii) that occurs after the date of the order (f) of section 362’’. and before the expiration of such 60-day period real property under subsection (a), by a creditor (b) CONFIRMATION OF PLAN FOR REORGANIZA- is cured before the later of— whose claim is secured by an interest in such TION.—Section 1129(a) of title 11, United States ‘‘(I) the date that is 30 days after the date of real estate, if the court finds that the filing of Code, is amended by adding at the end the fol- the default; or the bankruptcy petition was part of a scheme to lowing: ‘‘(II) the expiration of such 60-day period; delay, hinder, and defraud creditors that in- ‘‘(14) All transfers of property of the plan and volved either— shall be made in accordance with any applicable ‘‘(iii) that occurs on or after the expiration of ‘‘(A) transfer of all or part ownership of, or provisions of nonbankruptcy law that govern such 60-day period is cured in compliance with other interest in, the real property without the the transfer of property by a corporation or the terms of such security agreement, lease, or consent of the secured creditor or court ap- trust that is not a moneyed, business, or com- conditional sale contract, if a cure is permitted proval; or mercial corporation or trust.’’. under that agreement, lease, or contract. ‘‘(B) multiple bankruptcy filings affecting the (c) TRANSFER OF PROPERTY.—Section 541 of ‘‘(3) The equipment described in this para- real property. title 11, United States Code, is amended by add- graph— If recorded in compliance with applicable State ing at the end the following: ‘‘(A) is— laws governing notices of interests or liens in ‘‘(e) Notwithstanding any other provision of ‘‘(i) an aircraft, aircraft engine, propeller, ap- real property, an order entered pursuant to this this title, property that is held by a debtor that pliance, or spare part (as defined in section subsection shall be binding in any other case is a corporation described in section 501(c)(3) of 40102 of title 49) that is subject to a security in- under this title purporting to affect the real the Internal Revenue Code of 1986 and exempt terest granted by, leased to, or conditionally property filed not later than 2 years after that from tax under section 501(a) of such Code may sold to a debtor that, at the time such trans- recording, except that a debtor in a subsequent be transferred to an entity that is not such a action is entered into, holds an air carrier oper- case may move for relief from such order based corporation, but only under the same conditions ating certificate issued pursuant to chapter 447 upon changed circumstances or for good cause as would apply if the debtor had not filed a case of title 49 for aircraft capable of carrying 10 or shown, after notice and a hearing.’’. under this title.’’. more individuals or 6,000 pounds or more of (b) AUTOMATIC STAY.—Section 362(b) of title (d) APPLICABILITY.—The amendments made by cargo; or 11, United States Code, as amended by section this section shall apply to a case pending under ‘‘(ii) a documented vessel (as defined in sec- 709, is amended— title 11, United States Code, on the date of en- tion 30101(1) of title 46) that is subject to a secu- (1) in paragraph (24), by striking ‘‘or’’ at the actment of this Act, except that the court shall rity interest granted by, leased to, or condi- end; not confirm a plan under chapter 11 of this title tionally sold to a debtor that is a water carrier (2) in paragraph (25) by striking the period at without considering whether this section would that, at the time such transaction is entered the end and inserting ‘‘; or’’; and substantially affect the rights of a party in in- into, holds a certificate of public convenience (3) by adding at the end the following: terest who first acquired rights with respect to and necessity or permit issued by the Depart- ‘‘(26) under subsection (a) of this section, of the debtor after the date of the petition. The ment of Transportation; and any act to enforce any lien against or security parties who may appear and be heard in a pro- ‘‘(B) includes all records and documents relat- interest in real property following the entry of ceeding under this section include the attorney ing to such equipment that are required, under an order under section 362(d)(4) as to that prop- general of the State in which the debtor is incor- the terms of the security agreement, lease, or erty in any prior bankruptcy case for a period porated, was formed, or does business. conditional sale contract, to be surrendered or of 2 years after entry of such an order. The SEC. 734. EFFECTIVE DATE; APPLICATION OF returned by the debtor in connection with the debtor in a subsequent case, however, may move AMENDMENTS. surrender or return of such equipment. the court for relief from such order based upon (a) EFFECTIVE DATE.—Except as provided in ‘‘(4) Paragraph (1) applies to a secured party, changed circumstances or for other good cause subsection (b), this title and the amendments lessor, or conditional vendor acting in its own shown, after notice and a hearing; or made by this title shall take effect on the date behalf or acting as trustee or otherwise in behalf ‘‘(27) under subsection (a) of this section, of of enactment of this Act. of another party. any act to enforce any lien against or security (b) APPLICATION OF AMENDMENTS.—The ‘‘(b) The trustee and the secured party, lessor, interest in real property— amendments made by this title shall apply only or conditional vendor whose right to take pos- ‘‘(A) if the debtor is ineligible under section with respect to cases commenced under title 11, session is protected under subsection (a) may 109(g) to be a debtor in a bankruptcy case; or United States Code, on or after the date of en- agree, subject to the approval of the court, to ‘‘(B) if the bankruptcy case was filed in viola- actment of this Act. extend the 60-day period specified in subsection tion of a bankruptcy court order in a prior Mr. GRASSLEY. Mr. President, I (a)(1). bankruptcy case prohibiting the debtor from move to reconsider the vote. ‘‘(c)(1) In any case under this chapter, the being a debtor in another bankruptcy case.’’. Mr. DURBIN. I move to lay that mo- trustee shall immediately surrender and return SEC. 732. STUDY OF OPERATION OF TITLE 11 OF tion on the table. to a secured party, lessor, or conditional vendor, THE UNITED STATES CODE WITH RE- described in subsection (a)(1), equipment de- SPECT TO SMALL BUSINESSES. The motion to lay on the table was scribed in subsection (a)(3), if at any time after Not later than 2 years after the date of the en- agreed to. the date of the order for relief under this chap- actment of this Act, the Administrator of the The PRESIDING OFFICER. Under ter such secured party, lessor, or conditional Small Business Administration, in consultation the previous order, the Senate insists

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10787 on its amendments and requests a con- party. Again, Senator DURBIN has been sure requirements to ensure that credit card ference with the House, and the Chair instrumental in making this bill truly companies provide consumers with the infor- appoints conferees. bi-partisan. mation about their accounts that they need Thereupon, the Presiding Officer (Mr. As I’ve said numerous times on the to manage their budgets; (2) procedural pro- tections to avoid inappropriate and unwise THOMAS) appointed Mr. HATCH, Mr. floor during the debate on bankruptcy reaffirmations of unsecured and certain se- GRASSLEY, Mr. SESSIONS, Mr. LEAHY, reform, the American people are four- cured consumer debts; and (3) modifications and Mr. DURBIN conferees on the part square in support of meaningful bank- made to the nondischargeability provisions of the Senate. ruptcy reform. The fact is that some in the bill so that the bill no longer inappro- The PRESIDING OFFICER. The Sen- people use bankruptcy as a convenient priately puts credit card debt in competition ator from Iowa. financial planning tool to skip out on with child support, alimony, and other soci- Mr. GRASSLEY. Mr. President, first debts they could repay. This has to etal priorities like education loans and of all I want to thank everyone in this stop. taxes. body for the overwhelming vote of con- The Administration also strongly prefers Mr. President, there’s no such thing the discretionary approach to limiting ac- fidence on the work that Senator DUR- as a free lunch. Bankruptcies of con- cess to Chapter 7 used in S. 1301 over the BIN and I have done on this bankruptcy venience are like shoplifting. Honest rigid and arbitrary approach in the House bill. Getting to this point has been a consumers have to pick up the tab for bill. We support changes made by the Senate very tough process involving a lot of losses due to bankruptcy just as they bill to ensure that those debtors denied ac- compromise and a lot of refinement. pick up the tab for shoplifting. Bank- cess to Chapter 7 under Section 707(b) of the You heard me say on the first day of ruptcies of convenience impose a hid- Bankruptcy Code are those that have a debate that for the entire time that I den bankruptcy tax of $400 per family strong likelihood of successfully completing have been in the Senate and on this a Chapter 13 plan. of four. My bill will cut that tax. More can and should be done to produce a subcommittee on the subject of bank- Mr. President, it’s not just con- truly balanced bill. The bill must address the ruptcy—maybe not on every subject, sumers paying higher prices who stand potentially coercive effect of allowing credi- but the subject of bankruptcy—there to lose from bankruptcy abuse. Small tors to bring 707(b) motions based on any al- has been a great deal of bipartisan co- businesses, a vital component of our legation of abuse and strengthen the protec- operation, first of all between Senator healthy economy, can be crippled by tions against coercive reaffirmations. Heflin of Alabama, now retired, and bankruptcy losses. That’s why the Na- The Administration also supports financial myself. Sometimes I was chairman tional Federation of Independent Busi- contract netting provisions in the bill, which when Republicans were in the major- are important to reducing systemic risk in ness supports bankruptcy reform. our financial markets and are based on a ity. When we were in the minority, I Let’s cut the bankruptcy tax. Let’s proposal from the President’s Working was ranking member and he was chair- restore personal responsibility to the Group on Financial Markets. man. But this legislation has always bankruptcy system. Let’s help protect The Administration supports Senate pas- passed with that sort of tradition. American consumers and small busi- sage of the ‘‘Omnibus Patent Act of 1998’’ as So I want to say to all of my col- nesses. an amendment to S. 1301 because that bill leagues that I not only thank them for Mr. President, I want to thank the supports American innovation through need- their support but, more importantly, people from the administration, be- ed patent law reforms. While the Adminis- tration is disappointed that the bill does not thank Senator DURBIN, who worked so cause they have followed the course of closely with me on this legislation, and include all of the performance based organi- this legislation. They have issued a zation reforms it proposed, the provision’s that tradition has continued. I thank statement of administrative policy in inclusion of the annual performance agree- him for carrying on that tradition, be- support of this legislation. ment is welcome. cause I don’t think we would have had I ask unanimous consent that it be Finally, the Senate is expected to vote on the vote that we had today if it had not printed in the RECORD. an amendment to raise wages of 12 million been for the bipartisanship that has There being no objection, the mate- Americans and help ensure that parents who been expressed since he first took over rial was ordered to be printed in the work hard and play by the rules do not have to raise their children in poverty. Two years leadership for his party on our sub- RECORD, as follows: ago, the President signed into law a mod- committee. EXECUTIVE OFFICE OF THE PRESI- erate increase in the minimum wage. The re- I also want to give commendation to DENT, OFFICE OF MANAGEMENT sults of that action are clear: it raised the his staff, Victoria Bassetti and Ann AND BUDGET, wages of the lowest paid workers and did not McCormick; and also to Senator Washington, DC, September 17, 1998. cost jobs. Now we must continue to take ac- HATCH’s staff, Maken Delrahim and STATEMENT OF ADMINISTRATION POLICY tions to ensure that all Americans are bene- Rene Augustine; and also my staff, S. 1301—CONSUMER BANKRUPTCY REFORM ACT OF fitting from our prospering economy. That is John McMickle and Kolan Davis, be- 1998 why the Administration strongly supports cause without the long hours of staff (Grassley (R) Iowa and Durbin (D) Illinois) raising the minimum wage by $1 over two years. work that went into this bill, we would The Administration encourages Senate not have had the great compromise passage of S. 1301 as an important step to- Mr. GRASSLEY. Mr. President, I that we had to make this vote possible. ward balanced bankruptcy reform; however, thank Senator DURBIN very much for Mr. President, I’m pleased that we’ve the Administration ultimately would sup- his cooperation. come to the point where the Senate has port enactment of bankruptcy legislation Mr. DURBIN addressed the Chair. only if the essential reforms incorporated by passed the Grassley-Durbin consumer the Senate managers’ amendment are pre- The PRESIDING OFFICER. The Sen- bankruptcy bill. Getting to this point served and strengthened and the unbalanced ator from Illinois. has been a tough process involving a and arbitrary elements of the current House Mr. DURBIN. Thank you, Mr. Presi- lot of compromise and refinement. Of bill are omitted. dent. course, I thank Senator DURBIN for his The Administration supports bankruptcy I would like to echo the comments of help and suggestions for improving the reform that asks both debtors and creditors Senator GRASSLEY. I really believe this bill. I think that Chairman HATCH also to act more responsibly. Debtors who genu- vote of 97 to 1 is a tribute to his pa- deserves a great deal of credit as well. inely have the ability to repay a portion of tience, endurance, and hard work. It their debts should remain responsible for The bill we voted is a very fair and those debts. But creditors must also be re- has been a joy to be with him as part balanced piece of legislation with sponsible for treating debtors fairly, recog- of this process. We have serious dif- broad support. The administration, in nizing creditors’ superior information and ferences on many aspects of this bill. I its ‘‘statement of administration pol- bargaining power. am sure we will continue to debate icy,’’ encourages the Senate to pass As reported from Committee, S. 1301 fo- them. But the core bill is a bill which this bill. The Judiciary Committee was cused heavily on perceived debtor abuse, I was happy to support because I think almost unanimous in passing the bill, with little to curtail abuses by creditors. it is a more reasonable approach to re- and many changes have been made to However, if changes incorporated in the forming bankruptcy. We attempt to re- manager’s amendment are adopted, the Sen- the version of the bill reported by the ate bill will take significant steps to address form it in the responsible way, trying committee to accommodate the con- abusive practices by both debtors and credi- to stop the abuses in filing in the bank- cerns of the minority. So, this is a bill tors. Essential changes included in the man- ruptcy court and at the same time call- I think we can all support regardless of agers’ amendments include: (1) new disclo- ing on the credit industry to accept

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10788 CONGRESSIONAL RECORD — SENATE September 23, 1998 some responsibility for those risky be encouraged where it works. But we allow some debtors to use bankruptcy credit practices which lure unwitting say the court should look at it to make as a financial planning tool rather than consumers into a trap from which they certain it is fair. as a last resort. I firmly believe that by cannot escape. I salute Senator SESSIONS and Sen- allowing people to escape from their fi- I want to give acknowledgment as ator KOHL for the homestead exemp- nancial obligations, we are doing them well to staff who have made this bill tion cap. The unlimited homestead ex- a great disservice by not encouraging possible. Seated to my left is Victoria emption in a few states is the single them to manage their finances and Bassetti, my staff attorney on the Ju- worst abuse in the bankruptcy system. control their debt. diciary Committee, who has spent Our friends in the House saw it dif- It always has been my view that indi- more time looking at the bankruptcy ferently on a floor vote. It is up to us viduals should take personal responsi- code than almost anything else in the in conference to convince them that bility for their debts, and repay them past year; Anne McCormick, who is ours is a better way. We protect retire- to the extent possible. Under the with us as a detailee from the Depart- ment income in bankruptcy, a concept present system, it is too easy for debt- ment of Justice, who has done an ex- which I pushed for and was happy to ors who have the ability to repay some traordinary job; on the majority side, join with Senator HATCH in finally of what they owe to file for Chapter 7 John McMickle and Kolan Davis have passing in this Chamber. bankruptcy. Under Chapter 7, debtors become friends during the course of I thank Senator FEINGOLD for his ef- can liquidate their assets and discharge this debate and have added greatly to forts to protect the poorest of the poor all debt, while protecting certain as- the work product; Makan Delrahim and who file in bankruptcy. I also salute sets from liquidation, irrespective of Rene Augustine of Senator HATCH’s Senator FEINSTEIN and others who have their income. Mr. President, I believe staff; Kara Stein and Brooke Byers of asked for studies which we think will that the complete extinguishing of Senator DODD’s staff; Ed Pagano of improve credit practices in this coun- debt should be reserved for debtors who Senator LEAHY’s staff; Kristi Lee of try. And, finally, this bill provides for truly cannot repay their debts. Senator SESSIONS’ staff; and Brian Lee the creation of 18 new bankruptcy According to the Wall Street Journal of Senator KOHL’s staff; as well as Joel judgeships sorely needed in the States (Nov. 8, 1996) bankruptcy protection Wiginton, who once worked on my staff which will receive them. laws give an alarming number of ‘‘ob- and now serves Senator FEINGOLD. This is the first major legislation I scure, but perfectly legal places for They all have added to the value of this have had in the Chamber. I don’t ex- anyone to hide assets.’’ For instance, bill. I thank each and every one of pect every one of them to pass 97 to 1, one Virginia multimillionaire incurred them. but it really is a good feeling to know massive debt, but under State law was I would like to just note four or five that all of this work over this time has entitled to keep certain household things that I am particularly proud of resulted in a truly bipartisan response goods, farm equipment, and ‘‘one in this legislation. to this important issue. horse.’’ This particular individual We have worked back and forth in Thank you, Mr. President. I yield the opted to keep a $640,000 race horse, not- the banking industry, as well as with floor. ing that the law only limits the num- experts in the law, to come to a good Mr. HATCH. Mr. President, S. 1301, ber of horses, but not the individual conclusion about the ways to reduce the Consumer Bankruptcy Reform Act value of a horse. abuse when it comes to bankruptcy fil- of 1998, was reported out of the Judici- While this is a particularly egregious ings. ary Committee with strong bipartisan example, these kinds of loopholes exist We have added some provisions here support and is one of the most impor- in the Bankruptcy Code, and people are which I think many consumers will ap- tant legislative efforts to reform the using them to avoid paying their debts. preciate because it really does bring bankruptcy laws in 20 years. As a result, the rest of us end up foot- more balance to this endeavor. I would like to begin by commending ing the bill through higher prices and With the help of Senator DODD, who my colleagues, Senators GRASSLEY and higher interest rates. is in the Chamber today, as well as DURBIN, respectively, the chairman and S. 1301 provides a remedy for these Senator SARBANES of Maryland, we ranking minority member of the Sub- abuses by adopting a needs-based ap- have added some disclosure provisions committee on Administrative Over- proach to bankruptcy reform. to this bill which will make credit card sight and the Courts, for their tireless It is important to note that the ad- statements clearer and make it more efforts in crafting this much needed ministration has urged that bank- understandable when credit card com- legislation. I also want to thank them ruptcy law should ‘‘discourage bad panies solicit your business as to what for conducting numerous important faith repeat filings and other attempts you are going to have to do, how much hearings at the subcommittee level on to abuse the privilege accorded by ac- you will have to pay in interest rates the complex issue of bankruptcy re- cess to bankruptcy.’’ and what other conditions might be form. I particularly appreciate the This bipartisan legislation, created important to your relationship. dedication they have shown to making by Senators GRASSLEY and DURBIN, is We have an amendment here I am the passage of this bill an inclusive and carefully structured to achieve an ap- particularly proud of on predatory bipartisan process. propriate balance between debtor and home lending. These are those unscru- The compelling need for reform is un- creditor rights. The legislation main- pulous credit practices where lenders derscored by the dramatic rise in bank- tains the aspects of the bankruptcy prey particularly on senior citizens, ruptcy filings each year. The Bank- system that serve those in need of a forcing them into a situation where ruptcy Code was liberalized back in ‘‘fresh start.’’ At the same time, S. 1301 they sign second mortgages on their 1978, and ever since that time, con- reforms current bankruptcy laws to home without any real understanding sumer bankruptcy filings have gone up prevent the system from being abused of what they are getting into. They at an unprecedented rate. Even during at the expense of all Americans. lose the most important asset in their the economic boom years of 1994 to The impact of this important legisla- life because of these unscrupulous prac- 1997, consumer bankruptcy filings al- tion will not only be to curb the ramp- tices. This bill comes down hard on most doubled. ant number of frivolous bankruptcy fil- that kind of conduct. Mr. President, the bankruptcy sys- ings, but also to give a boost to our We also have increased court super- tem was intended to provide a ‘‘fresh economy. vision on reaffirmation. A person files start’’ for those who need it. We need Mr. President, again I would like to for bankruptcy and says, Here is a debt to preserve the bankruptcy system applaud the bipartisan efforts of my which I will keep; I will continue to within limits to allow individuals to colleagues who have made S. 1301 a pay on it. For instance, a car loan be- emerge from financial ruin, which may broadly supported bill. cause you need an automobile, or with have been precipitated by unforeseen Mr. SARBANES. Mr. President, I a company that your family has done events such as medical problems or un- would like to take this opportunity to business with for generations. You re- employment. What we don’t need is to congratulate Senator DURBIN, the affirm the debt. That is perfectly ac- preserve those elements of the system Ranking Member of the Courts Sub- ceptable. It is something which should that allow it to be abused, and that committee, on passage of S.1301, the

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10789 Consumer Bankruptcy Reform Bill of sumer-oriented provisions that we have A managers’ amendment; McCain- 1998. succeeded in adding to S.1301 are in the Wyden amendment extending length of I especially want to thank him for in- House-passed bankruptcy bill, and I moratorium; Coats, Internet porn, 1 sisting that S.1301 address not only the daresay that the credit card companies hour equally divided; Bennett amend- need for greater responsibility on the are less than thrilled with even the ment, relevant; Senator Kay Bailey part of debtors, but also the need for modest steps we have taken on behalf Hutchison amendment, relevant; Bond greater responsibility on the part of of consumers here in the Senate. I ask amendment, relevant; Bumpers amend- creditors. In particular, this bill takes my colleague from Illinois, is it not ment, mail order; three Enzi relevant notice of the fact that credit card com- safe to expect that there will be efforts amendments; Domenici, an amendment panies often act as enablers to individ- during the bankruptcy conference to on interest rates; Graham, relevant; uals who end up in bankruptcy after strip out some of these provisions from Abraham, Government paperwork; and falling prey to one too many promises the conference report, and to bring to Bumpers, a commission amendment. of easy credit from these companies. the Senate a bankruptcy bill that is, I further ask unanimous consent that S.1301 requires that credit card compa- once again, merely a wish list of the relevant second-degree amendments be nies provide consumers with the infor- credit card companies? in order to all amendments other than mation they need to behave in a re- I further ask my colleague, will we the Coats amendment. sponsible manner, rather than luring not need to be vigilant in our efforts to I further ask unanimous consent that them into tighter financial straits with preserve these consumer-oriented pro- there be 2 hours of general debate false promises of easy credit. visions during the conference? equally divided on the bill. I finally The bill that passed out of the Judi- Mr. DURBIN. My colleague from ask that following the disposition of ciary Committee did not take such an Maryland sadly may be correct. Nei- the above-listed amendments and the evenhanded approach, and I, among ther our Republican colleagues in the expiration of time, the bill be read a others both on and off the Judiciary House nor the credit card companies third time and the Senate proceed to a Committee, noted the need to bring are likely to be as enthusiastic as he or vote on passage of the bill with no greater balance to this issue on the I about the efforts at cooperation and other intervening action or debate. floor. Thanks to Senator DURBIN’s lead- compromise that went into crafting The PRESIDING OFFICER. Is there ership, the efforts of several other the Senate bill. objection? Democratic Senators, and the coopera- We will, indeed, have to be vigilant in Mr. DASCHLE. I object on behalf of a tion of Senator GRASSLEY and other regard to the consumer-oriented provi- number of colleagues. Republicans, the bill we will soon pass sions in S.1301, and I hope that we will The PRESIDING OFFICER. Objec- is a product that, as amended, ac- be joined in this effort both by our Sen- tion is heard. Mr. DASCHLE. Mr. President, let me knowledges the shared responsibility ate Republican colleagues, who have just explain. for the rise in bankruptcies between agreed to accept most of these provi- I support this legislation, and I hope creditors and debtors, and strives to sions without any debate, as well as by we can come to some resolution here. discourage reckless behavior on both the White House, which has indicated Obviously, this is an important bill sides of credit transactions. the importance of preserving the Sen- that ought to be passed. The problem is Mr. DURBIN. I thank my colleague ate managers’ amendment to its own that, once again, we are presented with from Maryland for his kind words, and consideration of bankruptcy reform an untenable circumstance. Colleagues for his assistance in making S.1301 a legislation. We have our work cut for on this side of the aisle, certainly bill that the Senate can be proud of. us, but I commit to my colleague from through no fault of the distinguished As Ranking Member of the Senate Maryland that I will do my utmost to Senator from Arizona, have been pre- Committee on Banking, Housing and ensure that the bankruptcy conference cluded, to date, from offering our Pa- Urban Affairs, Senator SARBANES has report contains the vital consumer pro- tients’ Bill of Rights. We are running long been interested in the issue of tections we worked so hard to add to out of time. We are running out of ve- consumer lending practices, and his ef- the Senate bill. hicles. We are running out of opportu- forts were invaluable in drawing the Mr. SARBANES. I thank my distin- nities for us to have the kind of debate necessary connection between in- guished colleague from Illinois, and that we all have asked for and expected creased bankruptcy filings and the pledge my support for his efforts in to have by this day. lending practices of credit card compa- this regard. Only if we are able to pre- Because we are again put into a dif- nies. serve our hard-fought gains in the Sen- ficult position of not knowing how we Due to the efforts of a number of ate in conference will we be able to are going to resolve that outstanding Democratic Senators, including Sen- pass bankruptcy reform legislation question, recognizing that it is at least ator SARBANES, we were able to have that will stand the tests of time and as important as this issue, in spite of inserted into the managers amendment fairness. the fact that I do support S. 442, we are to this bill a number of important pro- Mr. MCCAIN addressed the Chair. compelled to object today. visions dealing with consumer credit The PRESIDING OFFICER. The Sen- My hope is that at some point in the information. These provisions require ator from Arizona. not-too-distant future we can resolve credit card companies to provide in f the issue of how we will debate the Pa- their monthly statements and initial tients’ Bill of Rights, and we will then solicitation materials information that UNANIMOUS CONSENT REQUEST— S. 442 resolve our ability to bring up the re- will help consumers manage their fi- quest made by the Senator from Ari- Mr. McCAIN. Mr. President, on be- nances in a way that will, I believe, ob- zona. So I object at this time with the half of the leader, I ask unanimous viate the need for bankruptcy in many hope that we can find some resolution consent that it be in order for the ma- cases. The bill also now provides for at some point soon. jority leader, after consultation with studies regarding (1) the extension of Mr. MCCAIN addressed the Chair. credit to individuals with a high debt- the Democratic leader, to proceed to The PRESIDING OFFICER. The Sen- to-income ratio and (2) the use of cred- the consideration of Calendar No. 509, ator from Arizona has the floor. it card security interests to coerce re- S. 442, and it be considered under the Mr. MCCAIN. I ask unanimous con- affirmations of debt in bankruptcy. following limitations: sent that the Senate turn to the imme- In short, we now have before us a bill The Commerce Committee amend- diate consideration of S. 442 and that that is balanced and that is not simply ment be agreed to, and the Finance only amendments in order to the bill the wish list of the credit card compa- substitute then be agreed to, and the be relevant amendments. nies. I thank Senator SARBANES for substitute then be considered as origi- The PRESIDING OFFICER. Is there helping to make this possible. nal text for the purpose of further objection? Mr. SARBANES. I thank Senator amendment. I further ask unanimous Mr. DASCHLE. Mr. President, I ob- DURBIN for his kind words. I also note, consent that the only other amend- ject. however, that we still have much work ments in order to the bill be the fol- The PRESIDING OFFICER. Objec- to do in this area. None of the con- lowing: tion is heard.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10790 CONGRESSIONAL RECORD — SENATE September 23, 1998 Mr. MCCAIN. Mr. President, let me but nonetheless we were able to at bers and the public on the progress of just point out that I think the Demo- least get a judgment on that. And we the committee’s work and the high- cratic leader makes a very legitimate wanted to try to also get a judgment light problems areas. point. Obviously, he believes there are on this matter which is of central con- One such problem area was high- very important issues that need to be cern to families all across this country. lighted during the committee’s hearing addressed. The Patients’ Bill of Rights I want to just add my support to the on health concerns. Whereas, in many is a very important issue. But let me objections of Senator DASCHLE and also industries, there are areas termed mis- also point out, Mr. President, that we to express appreciation to the Senator sion-critical which refers to embedded have been working on this legislation from Arizona. We know that this is not or coded systems without which the for 2 years. All of Silicon Valley, espe- his decision at this time to be making, primary objective of that system fails. cially the State of Massachusetts as but it is a leadership decision. In the health field, there are life-crit- well as other places where high tech is I thank him for his courtesy and rec- ical systems which sustain human life. a very important part of the economy ognize it. An example of a life-critical embedded of the various States and the Nation, The PRESIDING OFFICER. The Sen- system would be a cardiac monitor in want this bill done. ator from Connecticut. the intensive-care unit of a hospital. If Senator WYDEN, who is the originator Mr. DODD. Mr. President, let me it fails, the patient could lose his or of this bill, and I, along with many oth- briefly say as well, I support what the her life. ers, have worked very hard for a long Democratic leader is doing on this With this in mind I was deeply dis- period of time. We have made conces- HMO issue. Hopefully, that matter can turbed to learn, during one of the com- sion after concession; we have made be resolved. mittee’s earlier hearings, that the compromise after compromise on this The PRESIDING OFFICER. The Sen- FDA’s attempts to survey and docu- bill, including having the Finance ator from Connecticut. ment year 2000 compliance within the Committee play a major role in it. All Mr. DODD. Mr. President, I ask unan- medical device industry had indicated I hope is that on the Democrat side we imous consent I be allowed to speak as an unacceptable low level of response. can get some agreement to address the in morning business. It is not on this At the committee’s July 23, 1998 hear- Patients’ Bill of Rights, and I also ask subject matter. ing on the health care industry, I was that we make every effort to get this Mr. MCCAIN. I object unless I know shocked by the fact that instead of bill up and passed. We have approxi- how long it is. taking steps to deal with this problem, mately 11, 12 remaining legislative Mr. DODD. About 5 minutes. the medical device industry, as a days, as I understand it. Mr. MCCAIN. I have no objection. whole, at that time, seemed to be exac- I respect and understand the objec- The PRESIDING OFFICER. The Sen- erbating the problem by refusing to tion of the Democratic leader. I hope ator is recognized for 5 minutes. provide information either to the FDA we can get this issue resolved, up and f or to even the hospitals and clinics passed so that we can ensure the future Y2K AND MEDICAL DEVICES which use the devices every day. I of perhaps one of the most important made it clear that this sort of attitude and vital parts of America’s economy. Mr. DODD. Mr. President, most of us are aware that there is a very serious was stunningly short-sighted and could f computer problem, the year 2000 com- only cause harm to both the makers UNANIMOUS CONSENT puter problem or Y2K problem, which and users of these devices. Indeed, the AGREEMENT—S. 2279 has the potential to dramatically dis- committee learned that the FDA on June 28, 1998 requested that the nearly Mr. MCCAIN. So again now, Mr. rupt our energy, transportation, bank- 2000 medical device manufacturers im- President, I ask unanimous consent ing and health sectors, just to name a mediately respond and indicate their that it be in order for the majority few. level of year 2000 compliance. This ini- leader, after consultation with the As most of you know, the year 2000 tial lack of response was indeed irre- Democratic leader, to proceed to S. computer technology problem stems sponsible. According to the FDA, of the 2279, the FAA reauthorization, and that from the earlier programing of two nearly 1,935 medical manufacturers the bill be limited to relevant amend- digit date codes; many old programs surveyed, approximately 755 replied. ments only, of which we will have a list were written assuming the year would shortly. begin with ‘‘19.’’ Therefore the year- Let me repeat this. Of the nearly The PRESIDING OFFICER. Is there 2000 computer problem means that if 2,000 manufactures of life-critical med- objection? The Chair hears none, and it an unknown number of programs and ical devices, the FDA tells us that less is so ordered. microchips around the world aren’t than 40 percent responded to the over- Mr. MCCAIN. Mr. President, I know fixed or replaced, computers that read sight agency tasked with insuring that others will want to be recognized for ‘‘00’’ as the year 1900, not 2000 will fail critical medical devices still work comments, including maybe the Sen- or malfunction on January 1, 2000. when you and I and the people we love ator from Massachusetts, before we To correct this problem millions of are in need and might depend on this move forward with the FAA bill. dollars have been earmarked by gov- sophisticated equipment. Mr. KENNEDY. I thank the Senator ernment and industry to identify, cor- Again this is unacceptable. I am from Arizona. rect and test the millions of lines of therefore submitting a list of those I just wanted to join in expressing code and embedded chips that perform manufacturers that did not reply to support for our leader’s position in mission-critical functions. the FDA’s request for information to raising this extremely important issue, Senator BENNETT and I co-chair the the RECORD for all Americans to see. It the Patients’ Bill of Rights. Our leader, Senate’s Year 2000 Committee and we is my hope that these companies quick- Senator DASCHLE, has indicated a will- are actively reviewing the progress of ly comply and provide information as ingness to enter into agreements that U.S. industry and government agen- to the year 2000 readiness of these crit- would be reasonable and which would cies. Both must bring their own sys- ical medical devices. It is also my hope permit debate and discussion of these tems into compliance and the govern- that this will serve as a wake up call to important matters that are at the ment agencies must monitor the com- other industries to be vigilant, respon- heart of concerns of millions of Amer- pliance status of the areas that they sible and pro-active in their efforts to ican families, and to do it in a way we regulate. insure that Americans wake up to a would not interrupt the important leg- This is truly a world-wide phe- wonderful new year on January first of islation that the Senator from Arizona nomenon, and while the United States the year 2000. has identified. We have been frustrated is doing a pretty good job of playing Mr. President, I ask unanimous con- in having that opportunity. catch up, many nations of the world sent the list of these companies be We had similar difficulty earlier in have hardly begun to address their own printed in the RECORD. I understand terms of the minimum wage. We were year 2000 or Y2K problems. the Government Printing Office esti- able to address that, not with the out- From time to time I will come to the mates the cost of printing this list to come that some of us might have hoped Senate floor to brief the other Mem- be $1,426.00.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10791 There being no objection, the list was Aoot Zavod Komponent Moscow, Russia; Biosolve, Issaquah, WA; Biosyn, Ltd, Bel- ordered to be printed in the RECORD, as Apcot Medical Systems, Philadelphia, PA; fast, Ireland; Biosys Co, Ltd, Seoul, Korea; follows: Apelex, Bagneux, France; Apheresis Tech- Biosystems, SA, Barcelona, Spain; Biotecx nologies, Inc, Palm Harbor, FL; Apollo Den- Laboratories, Inc, Houston, TX; Biotronik, COMPANY, CITY, STATE OR COUNTRY tal Products, Inc, Clovis, CA; Apothecary Inc, Lake Oswego, OR; Biozonics, Inc, 3d Ultrasound, Inc., Durham, NC; 3m, Products, Inc, Burnsville, MN; Applied Car- Mequon, WI; Blackhawk Biosystems, Inc, Tustin, CA; 3m Health Care, Ann Arbor, MI; diac Systems, Laguana Hills, CA; Applied San Ramon, CA; Blood Trac Systems, Inc, A. Stein-R.A. Consulting, Ginot Shomron, Membranes, Inc, San Marcos, CA; Applied Toronto, Canada; Blood Systems, Inc, Israel; A.S. Laerdal, Stavanger, Norway; Water Engineering, Inc, Salt Lake City, UT; Scottsdale, AZ; Blood Bank Computer Sys- A.Z.E. Medical, Inc., Brooklyn, NY; Abaxis, Applied Biometrics, Inc, Burnsvile, MN; Ap- tems, Inc, Auburn, WA; Blue Spring Corp, Inc., Sunnyvale, CA; Absolute X-Ray Corp., plied X–Ray Technologies, Inc, Denver, CO; Port Lavaca, TX; Bnos Meditech Ltd, Essex, New York City, NY; Abtek Biologicals, Ltd., Applied Science Group, Inc, Bedford, MA; United Kingdom; Bobes SA, Madrid, Spain; Liverpool, United Kingdom; Accumed Intl., Applied Sciences Corp, Hsinchu City, China; Body Watch, Inc, Winston-Salem, NC; Inc., Chicago, IL; Accumed Intl., Inc., Aquamatch, Inc, Laguana Hills, CA; Areeda Boehringer Mannheim Corp, Indianapolis, Westlake, OH; Accutome, Inc., Malvern, PA; Assoc, Ltd, Los Angeles, CA; Arndorfer Med- IN. Actimed Laboratories, Inc., Burlington, NJ; ical Specialties, Greendale, WI; Aspect Med- Boehringer Biochemia Robin, SPA, Monza, Acuson Corp, Mountain View, CA; Adac Med- ical Systems, Inc, Natick, MA; Associates In Italy; Boehringer Mannheim Corp, ical Technologies, Washington, MO; Adac Reliable Medical Systems Corp, Inc, Pt Char- Pleasanton, CA; Booth Medical Equipment Laboratories, Milpitas,CA. lotte, FL. Co, Inc., Alexander, AR; Borgatta, Mexico Adac Health Information Systems, Hous- Astraea, Richmond, VA; Atl–Echo City, Mexico; Boston Medical Products, Inc, ton, TX; Adapteck, Inc, Des Plaines, IL; Ad- Ultrasound, Reedsville, PA; Atlas Re- Westborough, MA; Boston Scientific Corp, vance Scientific, Inc, Guaynabo, PR; Ad- searches, Ltd, Hod Hasharon, Israel; Atmos Natick, MA; Bowles, Keathing Epsteen vanced Biomedical Devices, Inc, Andover, Medizintechnik Gmbh & Co, Lenzkirch, Ger- Hering & Lowe Chartere, Chicago, IL; Boyce MA; Advanced Medical Instruments, Inc, many; Audo-Aid, Inc, Hato Rey, PR; Augus- Regulatory & Quality Consulting, Dallas, Broken Arrow, OK; Advanced Bio-Science, tine Medical, Inc, Eden Prairie, MN; Auto- TX; Braemer Corporation, Burnsville, MN; Inc, Santa Clara, CA; Advanced Radiation mated Medical Products Corp, New York, Brainlab Gmbh, Heimstetten, Germany; Therapy, Cordova, TN; Advanced Nuclear NY; Automated Voice Systems, Inc, Yorba Brand X-Ray Co, Inc, Addison, IL; Brooks Imaging Corp, Hollywood, FL; Advanced Linda, CA; Automed Corp, Richmond, BC, Medical Systems, Inc, Everett, WA; Bruce Medical Products, Inc, Columbia, SC; Advan- Canada, Aventric, Technologies, Madison Med Supply, Waltham, MA. tage Medical Division of CME Telemetrix, Heights, MI; Brunswick Biomedical Technologies, London, Canada; Aerosport, Inc, Ann Arbor, Avionics Specialties, Inc, Charlottesville, Wareham, MA; Buckman Co, Inc, Concord, MI; AFP Imaging Corp, Elmsford, NY; Agfa- VA; B Braum Medical, Inc, Irvine, CA; Ballco CA; Buffington Clinical Systems, Cleveland, Gevaert, NV, Mortsel, Belgium. Products, Greenwich, CT; Ban Nguyen, OH; Buhlmann Laboratories, Schonenbuch, Air Tecniques Inc, Hicksville, NY; Air Westminister, CA; Banta Healthcare Prod- Switzerland; Burke Neutech, Inc, St Peters- Liquide-Big Three, Inc, Houston, TX; Airgas ucts, Inc, Neenah, WI; Banyan Intl Corp, Abi- burg, FL; Burkhart Raentgen, Inc, St Peters- Northeast Inc, Salem, NH; Airgas South Inc, lene, TX; Barex, Ltd, Minneapolis, MN; burg, FL; Buxton Biomedical, Inc, Mountain unknown, unknown; Airgas Specialty Gases, Bartels, Inc, Issaquah, WA; Base Ten Sys- Lakes, NJ; C & C Oxygen Co, Chattanooga, Theodore, AL; Airgas South, Marietta, GA; tems, Inc, Trenton, NJ; Baxter Cardio- TN; Caliber Medical Corp, Reno, NV; Calibur Airgas Mid-Atlantic Inc, Linthicum, MD; vascular Group, Irvine, CA; Baxter Research Dental Technologies, Inc, King City, Canada; Airgas-Mid South Inc, Tulsa, OK; Airgas- Medical, Inc, Midvale, UT; Bay Shore Med- Cambridge Heart, Inc, Bedford, MA. Northern California & Nevada, San Leandro, ical Equipment Corp, Bayshore, NY; Bay Cameron Medical Corp, South Gate, CA; CA; Airsep Corp, Buffalo, NY; Aiv Systems, Area Medical Physics, Inc, Aptos, CA; Bayer Camtronics, Ltd, Hartland, WI; Canon USA, Inc, Berlin, NJ; Alaris Medical Systems, Inc, Corp, West Haven, CT; Bayer Corp, Inc, Lake Success, NY; Canwest Medictex, San Diego, CA; Alban Scientific, Inc, St Tarrytown, NY; Bayer Corp, Elkhart, IN. Inc, Vancouver, Canada; Canyon Diagnostics, Louis, MO. Bayer Corp, Berkeley, CA; Baylor Bio- Inc, Anaheim, CA; Capintec, Inc, Pittsburgh, Albyn Medical Limited, Dingwall, United medical Services, Dallas, TX; Bbi-Source PA; Caprius, Inc, Wilmington, MA; Cardiac Kingdom; Alcon Laboratories, Ft Worth, TX; Scientific, Inc, Garden Grove, CA; Beckman Pacemakers, Inc, St Paul, MN; Cardiac Alcopro, Inc, Knoxville, TN; Alerchek, Inc, Instruments, Inc, Naguabo, PR; Beckman In- Telecom Corp, Turtle Creek, PA; Cardiac Portland, ME; Alert Care, Inc, Mill Valley, struments, Inc, Chaska, MN; Behavioral Evaluation Center, Inc, Milwaukee, WI; Car- CA; Alexander Mfg Co, Mason City, IA; Alfa Technology, Inc, Salt Lake City, UT; diac Care Units, Inc, Woodlands Hills, CA; Biotech Spa, Pomezia Rome, Italy; Alko Di- Behring Diagnostics, Inc, Westwood, MA; Bei Cardiac Science, Inc, Irvine, CA; Cardio Con- agnostic Corp, Holliston, MA; Aloka Co, Ltd, Medical System Co, Inc, Hackensack, NJ; trol; The Netherlands, Netherlands, Cardio Tokyo, Japan; Alpha Biomedical Labora- Beijing Imports, Houston, TX; Benchmark Technics, SA, Puebla, Mexico. tories, Bellevue, WA; Alpha Antigens, Inc, Reagents, Horsham Vic 3400, Australia, Ber- Cardiodynamics International Corp, San Columbia, MO; Althin Medical, Miami liner, Corcoran & Rowe, Washington, DC; Diego, CA; Cardiodyne, Inc, Irvine, CA; Car- Lakes, FL; Alvar, Northbrook, IL; Alza Corp, Berthold Detection Systems, Pforzheim, Ger- diovascular Diagnostics, Inc, Raleigh, NC; Palo Alto, CA; Ambulatory Monitoring, Inc, many; BG Imaging Specialties, Inc, The Caring Technologies, Inc, Bethesda, MD; Ardsley, NY; Amcest Corporation, Roselle, Bronx, NY; Biermana and Muserlain, New Caroba Plastics, Inc, Englewood, CO; Caro- NJ. York, NY; Biex, Inc, Dublin, CA; Bio-Medical lina Liquid Chemistries Corp, Brea, CA; Car- American Technology Exchange, Inc, Is- Products Corp, Mendham, NJ; Bio-Mechan- ter-Wallace, Inc, Cranbury, NJ; Cassling land Lake, IL; American X-Ray Co, Inc, ical Healthcare, Inc, Toronto, Canada; Bio/ Diagnostics Imaging, Omaha, NE; Catalyst Knoxville, TN; American Science & Engi- Data Corporation, Horsham, PA. Research Corp, Owings Mills, MD; CDC Tech- neering, Inc, Billerica, MA; American Lab- Bio-Phase Diagnostics Laboratory, nologies, Inc, Oxford, CT; Cemax-Icon, Inc, oratory Products, Windham, NH; American Mississauga, Ontario, Canada; Bio-Analytics Fremont, CA; Cenogenics Corp, Morganville, Qualex, Inc, San Clemente, CA; American Laboratories, Inc, Palm City, FL; Bio-Whit- NJ. Blood Resources Assn, Annapolis, MD; Amer- taker, Inc, Walkersville, MD; Bio-Test Med- Cerium Visual Technologies, Ltd, ican Bio Medica Corp, Ancramdale, NY; ical, Inc, Gibsonia, PA; Bio-Tek Instruments, Tenterden, United Kingdom; Cerner Corp, American Research Products Co, Solon, OH; Inc, Winooski, VT; Bio-Instrumentation, Inc, Kansas City, MO; Chadwick Miller, Inc, Can- American National Red Cross, Arlington, Goleta, CA; Bio-Clin, Inc, St. Louis, MO; Bio- ton, MA; Challenge Unlimited, Inc, Alton, VA; American Medical Systems, Inc, Logic Systems Corp, Mundelein, IL; Bio-Rad IL; Chem-Index, Inc, Hialeah, FL; Chembio Minnetonka, MN. Laboratories Gmbh, Munchen, Germany; Diagnostic Systems, Inc, Medford, NY; China Ameriwater, Dayton, OH; Amersham Hold- Bioanalytical Systems, Inc, West Lafayette, National Medicines & Health Products, Bei- ings, Inc, Arlington Heights, IL; Amico Lab, IN; Biochem Immunosystems, Inc, Allen- jing, China; Chisolm Biological Laboratory, Inc, Nashville, TN; Amlab, Nynashamn, Swe- town, PA. Aiken, SC; Chori America, Inc, New York, den; Ampcor Diagnostics, Inc, Bridgeport, Biochemical Diagnostic, Inc, Brentwood, NY; Cimetra, West Chazy, NY; Cine Graph- NJ; Amsino Intl, Inc, Pomona, CA; NY; Biochemical Trade, Inc, Miami, FL; ics, Inc, Grand Prairie, TX; Circuit Board As- Amuchina Intl, Inc, Gaithersburg, MD; Biocon Do Brasil Industrial, Ltd, Rio De Ja- semblers, Inc, Youngsville, NC; Cirrus Air Analyte Diagnostics, Inc, Hallandale, FL. neiro, Brazil; Biodex Medical Systems, Inc, Technologies, Locust Valley, NY; Clin-Chem Analytic Bio-Chemistries, Inc, Shirley, NY; Biofeedback Instruments, Inc, Mfg, Minden, NV. Feasterville, PA; Ancorvis Prof Morandi New York, NY; Biofield Corp, Roswell, GA; Clinetics Corporation, Tustin, CA; Clinical SRL, Bolonga, Italy; Andries Tek Incor- Biogenetic Technologies, Inc, Tampa, FL; Standards Laboratories, Inc, Rancho porated, Austin, TX; Anesthesia Equipment Biokinetix Corp, Stamford, CT; Biokit SA, Dominguez, CA; Clinical Diagnostics, Inc, Supply, Inc, Black Diamond, WA; Anesthesia Barcelona, Spain; Biomed Healthcare, Inc, Chester, SC; Clinico, Bad Hersfeld, Germany; Recording, Inc, Pittsburg, PA; Anesthesia Irvine, CA; Biomerieux Sa, Marcy Letoile, Clinicomp International, Inc, San Diego, CA; Association, Inc, San Marcos, CA; France; Bionostics, Inc, Acton, MA; Biopool Clover International Corp, Tokyo, Japan; Angiodynamics, Inc, Queensbury, NY; Intl, Inc, West Chester, PA; Biopool Intl, Inc, Cobe Cardiovascular, Inc, Arvada, CO; Cobe Angiodynamics, Ltd, County Wexford, Ire- Ventura, CA; Biosensor Corp, Maple Grove, Bct, Inc, Lakewood, CO; Coeur Laboratories, land; Anzai Medical Co, Ltd, Tokoyo, Japan; MN. Inc, Raleigh, NC; Colin Corp, Komaki City,

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10792 CONGRESSIONAL RECORD — SENATE September 23, 1998 Japan; Colin Medical Instruments Corp, San CA; Dornier Medical Systems, Kennesaw, Gammex, Inc, Middleton, WI; Gas Tech, Hill- Antonio, TX; Colorado Medtech, Inc, GA; Dornier Surgical Products, Inc, Phoenix, side, IL; Gateway Airgas, St Louis, MO; Longmont, CO; Columbis Scientific, Inc, Co- AZ; DPA Consulting, Inc, Urbanna, VA; Gatron Corporation, Woburn, MA; Gds lumbia, MD; Columbus Instruments Intl Drager, Inc, Telford, PA; DRG International, Techology, Inc, Elkhart, IN; Gelco Corp, Columbus, OH. Inc, Mountainside, NJ; Drug Screening Sys- Diagnostics, Inc, Shreveport, LA; Gelman Combined Instruments, Ltd, Sailkot, Paki- tems, Inc, Blackwood, NJ; Dynamic Indus- Sciences, Inc, Ann Arbor, MI; Gendex-Del stan; Comet AG, Liebefeld, Switzerland; tries Ltd, Siaikot, Pakistan; E K Ind Inc, Medical Imaging Corp, Franklin Park, IL; Communications & Power Industries Canada, Joilet, IL; E-Systems Medical Electronics General Laboratory Instruments, Delhi, Inc, Georgetown, Canada; Composite Health Inc, San Antonio, TX. India; General Medical, Inc, Clearwater, FL; Care System, Falls Church, VA; Composites E I Du Pont De Nemours and Company, Genesis Medical Technology, Inc, Owings Horizons, Inc, Covina, CA; Compumedics Inc, Wilmington, DE; E Merck, Darmstadt, Mills, MD; Genzyme Corp, Cambridge, MA; Sleep Pty Ltd, Melbourne, Australia; Germany; E & M Engineering, Inc, Rich- Geopure Systems & Services, Inc, Orlando, Compur-Electronic, Munich, Germany; Com- mond, VA; Eagle Diagnostics, DeSoto, TX; FL; Gerard Enterprises, Inc, Waukesha, WI; puterized Screening, Inc, Sparks, NV; Con- Eagle Health Supplies, Orange, CA; Eastern Glass Hi Tech Srl, Masera’Di Padova, Italy. cord E & I, Woodstock, IL; Consulting West- Anesthesia, Inc, Newtown, PA; Eastern Ex- Glaxo Australia Ply Ltd, Victgoria, ern Services, Lakewood, CA; Consumer Sen- port Enterprises, Wazirabad, Pakistan; Boronia, Australia; Global Surgical Corpora- sory Products, Inc, Palo Alto, CA; Conti- Eaton Care Telemetry, Inc, Manchester, MI; tion, St. Louis, MO; GNS Audiometrics, Inc, nental Laboratory Products, Inc, San Diego, Edap Technomed, Inc, Burlington, MA; Eigen Wheeling, IL; Go-Mi, Inc, San Anselemo, CA; CA. Video, Nevada City, CA; Eiken Chemical Go Medical Industries Pty Ltd, Subiaco Cook Vascular, Inc, Leechburg, PA; Cordis Company, Inc, Venice, CA; Eisner Cit Perth, Australia; Golden Pacific Industrial Corporation, Miami Lakes, FL; Cordis Web- Medizintechnik Gmbh, Balgheim, Germany; Ltd, Tsuen Wan Nt, Hong Kong; Gordon N ster, Inc, Baldwin Park, CA; Cordis Corpora- Elcat, Gmbh, Wolfratshausen, Germany. Stowe and Associates, Wheeling, IL; Graphic tion, Warren, NJ; Corning Samco Corp, San Electron Company, Ltd, Taipei, China; Controls Corp, Buffalo, NY; Great Smokies Fernando, CA; Corning, Inc, Corning, NY; Electron-Catheter, Company, Rahway, NJ; Diagnostic, Asheville, NC; Grundig Profes- Corp Brothers, Inc, Providence, RI; Cortex Electronics Controls Design, Inc, Milwaukie, sional Electronics Gmbh, Fuerth/Bavaria, Biophysik, Frankfurt, Germany; Cranford X- OR; Electronic Monitors International Corp, Germany; Guest Medical, Ltd, Edenbridge, Ray Co, Houston, TX. Euless, TX; Electronic Design & Research, Kent, United Kingdom; Gulmay Medical Ltd, Creative Medical Development, Inc, Ne- Louisville, KY; Electronic Services Mart, Shepperton, Middlesex, United Kingdom. vada City, CA; Creative Biomedics, San Inc, St. Louis, MO; Elekon Industries USA, Hacker Industries, Inc, Fairfield, NJ; Clemente, CA; Creative Health Products, Inc, Inc, Torrance, CA; Elekta Instruments, Inc, Haemonetics Corp, Braintree, MA; Hal-Hen Plymouth, MI; Critical Care Systems, Inc, Atlanta, GA; Elema-Schonander, Hoffman Co Inc, Long Island City, NY; Hamamatsu Hollywood, FL; Critikon, Tampa, FL; Cross- Estates, IL; Elgems, Ltd, Haifa, Israel; Elias Corp, Bridgewater, NJ; Hamilton Medical, over Industry Products, Inc, Norwalk, CA; USA Inc, Osceola, WI. Inc, Reno, NV; Harley Street Software Ltd, Crystal, Berlin, Germany; CTI Pet Systems, Em Science, Gibbstown, NJ; Emma Mar- Victoria, BC, Canada; Harpell Associates, Inc, Knoxville, TN; CTI Services, Inc, Knox- keting Company, Edison, NJ; Ems Products, Inc, Oakville, Ontario, Canada; Harrigan ville, TN; Custom X-Ray Service, Inc, Phoe- Inc, Kirkland, WA; Ems Handelsgesellschaft Medical Products, Inc, Manchester, VT; nix, AZ; Custom Med, Munchen, Germany; MBH, Korneburg, Austria; Endocrine Harta Corp, Gaithersburg, MD; Hawaii Mega- Cyberlab, Inc, Brookfield, CT; Cygnus, Inc, Sciences, Calabasas Hills, CA; Endoscopy Cor, Inc, Aiea, HI; Hawksley & Sons Ltd, Patterson, NJ; Dacomed Corp, Newport Technology, Inc, Miami, FL; Endosonics Lancing, West Sussex, United Kingdom; Beach, CA; Dade Microscan, Inc, West Sac- Corp, Rancho Gordova, CA; Enthermics Med- HBCI, Los Angeles, CA; Health Images, Inc, ical Systems, Inc, Menomonee Falls, WI; En- Alpharetta, GA; Healthcentric, LLC, ramento, CA. Dade Chemistry Systems, Inc, Newark, DE; vironmental Tectonics Corp, Southampton, Secauscus, NJ. Healthdyne Technologies, Marietta, GA; Dae II Tech Co, Ltd, Seoul, Korea; Daily PA; Enzo Biochem, Inc, Farmingdale, NY; Ep Heartlab, Inc, Westerly, RI; Heartstream, Medical Products, Inc, San Diego, CA; Danby Medsystems, Inc, Mount Arlington, NJ. Epoch Pharmaceuticals, Inc, Bothell, WA; Inc, Seattle, WA; Helena Laboratories, Beau- Medical Ltd, Essex, England; Dantec Med- Eppendorf Geratebau Netheler & Hinz, Attle- mont, TX; Helix Diagnostics, Inc, West Sac- ical, Inc, Allendale, NJ; Data Medical Asso- boro, MA; Erbrich Instrumente Embh, ramento, CA; Heller Laboratories, Sparks, ciates, Inc, Arlington, TX; Dav-Mar Medical Tuttlingen-16, Germany; Eschenbach Optik NV; Hermes Systems, SA, Angleur, Belgium; Products, Inc, Commack, NY; Dayton Water of America, Ridgefield, CT; Eschmann Equip- Hi-Tronics Designs, Inc, Budd Lake, NJ; Systems, Dayton, OH; Del Medical Systems ment, Lancing, Sussex, United Kingdom; Hichem Diagnostics, Brea, CA; Hill-Rom Air Corp, Valhalla, NY; Delta Quality Con- Eschweiler Gmbh & Company, Kiel, Ger- Shields, Hatboro, PA; Hill-Med Inc, Miami, sulting, Plano, TX; Department of Veterans many; Estrin Consulting Group, Potomac, FL; Hillusa, Inc, Miami, FL; Hitachi, Ltd, Affairs, Bay Pines, FL; Department of Vet- MD; Eucardio Laboratory, Inc, San Diego, Hitachinaka, Japan; Hitachi Instruments, erans Affairs, Washington, DC; Deputy Intl, CA; Euro Advanced Technics, Barcelona, Inc, San Jose, CA; Hitachi Science Systems, Ltd, Leeds, United Kingdom; Deroyal Indus- Spain; Europa Scientific, Ltd, Crewe Chesh- Ltd, Hitachinaka-Shi, Japan; Hitachi Med- tries, Inc, Powell, TN. ire, United Kingdom; Ewa Industries, Inc, ical Systems America, Inc, Twinsburg, OH. Dexall Biomedical Labs, Inc, Gaithersburg, Miami, FL; Exocell, Inc, Philadelphia, PA; Hobbs Medical, Inc, Stafford Springs, CT; MD; DGH Technology, Inc, Exton, PA; Diabe- Falcon Surgical Company, Sialkot, Paki- Hofmann-Nagel Medical Systems, Inc, tes Control & Care Technology, Eden Prairie, stan. Irvine, CA; Hogan & Hartson, Washington, MN; Diagnostic Technology, Inc, Hauppauge, Feinfocus Medizintechnik Gmbh, Garbsen, DC; Home Diagnostics, Inc, Fort Lauderdale, NY; Diagnostic Monitoring, Irvine, CA; Diag- Germany; Ferring Pharmaceuticals Inc, FL; Honda Electronics Company, Ltd, nostic Medical Systems, Inc, Fargo, ND; Di- Tarrytown, NY; Fertility Technologies, Inc, Toyohashi, Aichi, Japan; Hope Imaging Corp, agnostic Systems Laboratories, Webster, TX; Natick, MA; Fiberstars, Inc, Fremont, CA; Willow Grove, PA; Horizon Medical Prod- Diagnostic Monitoring Software, Tustin, CA; Fidelity Medical, Inc, Fairfield, NJ; Fidelity ucts, Inc, Manchester, GA; Horizons Re- Diagnostic Resources, Inc, Bay Port, NY; Di- Medical, Inc, Florham Park, NJ; Firehouse search Laboratories Inc, Margate, FL; agnostic Specialties, Metuchen, NJ; Diag- Medical, Inc, Anaheim, CA; Fischer Indus- Hortmann Ag, Neckartenzlingen, Germany; nostic Instruments, Inc, Lorain, OH; tries Incorporated, Geneva, IL; Fitcraft Hti Technologies, St Petersburg, FL; Hudson Diagnostics Biochem Canada, Inc, London, International, Inc, Rosemead, CA; Flowscan, Respiratory Care, Inc, Temecula, CA; Hugh Canada; Diamedix Corp, Miami, FL. Inc, Mill Valley, CA; Flowtronics, Inc, Phoe- Steeper Ltd, London, United Kingdom. Diametrics Medical, Inc, Roseville, MN; nix, AZ; Fmc Bioproducts, Div Fmc Corp, Huntleigh Technology, Inc, Manalapan, Diametrics Medical, Ltd, HIgh Wycombe, Rockland, ME; Focal Corp, Tokyo, Japan; NJ; Hycor Biomedical, Inc, Garden Grove, United Kingdom; Diasorin/American Stand- Focus Biomedical Technologies, Inc, On- CA; Hyundai Pharmaceutical Ind Co Ltd, ard Co, Columbia, MD; Diasorin, Columbia, tario, Canada. Bucheon City, Republic of Korea; I-Fuii En- MD; Diasys Corp, Waterbury, CT; Diatech Forefront Diagnostics, Inc, Laguna Hills, terprise Company, Ltd, Ping-Tung Hsein, Diagnostics, Inc, Boston, MA; Difco Labora- CA; Foshan Analytical Equipment Corpora- China; I-Flow Corp, Lake Forest, CA; I-Stat tories, Inc, Detroit, MI; Digi-Trax Corp, Buf- tion, Foshan, China; Fresco Podologia S L, Corp, Princeton, NJ; Ia Systems, Inc, Al- falo Grove, IL; Digicare Biomedical Tech- Barcelona, Spain; Fresenius Medical Care bany, NY; Ibl Gmbh, Hamburg, Germany; Ics nology, Inc, West Palm Beach, FL; North America, Lexington, MA; Fukuda Medical Corp, Schaumburg, IL; Ifci/ Digivision, Inc, San Diego, CA; Dimeda Denshi America Corp, Redmond, WA; Clonesystems Spa, Casalecchio Di Reno, Instrumente, Tuttlingen, Germany; Direct Fukuda M–E Kogyo Company, Ltd, Tokyo, Italy; Igen International, Inc, Gaithersburg, Marketing Enterprises Healthhouse, Japan; Fukuda Denshi Co, LTD, Tokyo, MD; Ihara Medics US, Inc, Valencia, CA; Westbury, NY; Dis-Digital Systems, Inc, Japan; Futuremed America, Inc, Granada Image Analysis, Inc, Columbia, KY; Imaging Walnut, CA; Disetronic Medical Systems, Hills, CA; G & J Electronics, Inc, Ontario, Accessories, Inc, Salt Lake City, UT. Minneapolis, MN. Canada; G U Manufacturing, London, United Imatron, Inc, South San Francisco, CA; Diversified Electronics Co, Inc, Philadel- Kingdom; G Dundas Company, Black Dia- Immco Diagnostics, Inc, Buffalo, NY; phia, PA; DM Davis, Inc, New York, NY; Dol- mond, WA; Gallant International, Inc, Flush- Immunalysis Corp, San Dimas, CA; Immuno phin Imaging Systems, Woodland Hills, CA; ing, NY. Gmbh, Heidelberg, Germany; Immuno Con- Dong-A Medical Imaging, Inc, Santa Fe Gambro Healthcare, Lakewood, CO; cepts Inc, Sacramento, CA; Immuno-Diag- Springs, CA; Dong Bang, Santa Fe Springs, Gamma Biologicals, Inc, Houston, TX; nostic Lab and Products, La Mirada, CA;

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10793 Immunostics, Inc, Ocean City, NJ; Technologies, Inc, Fairfax, VA; Le Medikon Medtronic Bio-Medicus, Inc, Eden Prairie, Immunotech Corp, Westbrook, ME; Imnet Products Inc, Anaheim, CA; Leocor Inc, MN; Medtronic Neurological, Minneapolis, Systems, Inc, Alpharetta, GA; Infusion Med- Houston, TX; Lexicor Medical Technology, MN; Medx, Inc, Arlington Heights, IL; Mela ical, Inc, Wheat Ridge, CO; Innerspace, Inc, Inc, Boulder, CO. Gmbh Elektromdizin, Munich, Germany; Santa Ana, CA; Innogenetics SA, Haven, Life Sciences International, Ltd, Astmoor, Melco Wire Products Co, Glendale, CA; Sweden; Innomed Systems, Inc, Apopka, FL; Runcorn, Cheshire, United Kingdom; Life Memtec Corporation, Salem, NH; Mentor Innoserve Technologies, Inc, Arlington, TX; Tech International Inc, Stafford, TX; Corp, Santa Barbara, CA; Mercodia, Uppsala, Innovation Instruments Inc, Tallahassee, Lifecare Medical International Corp, Phila- Sweden; Mercury Enterprises, Inc, Clear- FL. delphia, PA; Lifeline Systems, Inc, Cam- water, FL; Merss Corp, Indianapolis, IN; Innovative Concept Development, Inc, bridge, MA; Lifescan, Inc, Milpitas, CA; Mesys, Hanover, Germany; Metavox, Inc, Vi- Littleton, CO; Innovative Imaging, Inc, Sac- Lifesensors, Inc, Upper Montclair, NJ; enna, VA; Metra Biosystems, Inc, Mountain ramento, CA; Innovative Medical Systems Lifesign LLC, Somerset, NJ; Light View, CA; Metraco Diagnostics, Inc, Hous- Corp, Ivyland, PA; Inovix Imaging Tech- Diagnostics, Temecula, CA; Lightner Spe- ton, TX; Michigan Airgas, Midland, MI. nologies, Inc, Rockville, MD; Instromedix, cialty Gas, Inc, Wichita, KS; Linsure Indus- Micro Focus Imaging, Inc, Wheeling, IL; Inc, Hillsboro, OR; Instrumentarium Imag- tries, Ltd, Taipei, Taiwan; Liston Scientific Micro-Shev Limited, Efrat, Israel; Micro- ing, Tuusula, Finland; Instrumentation Lab- Corp, Irvine, CA; Localmed, Inc, Palo Alto, Processor Services, Inc, Huntington Station, oratory, Lexington, MA; Instrumentation for CA; London Health Sciences Centre, London, NY; Micromedical, Inc, Northbrook, IL; Medicine, Inc, Greenwich, CT; Integra Bio- Ontario, Canada; Low High Enterprise Co, Microwave Medical Systems, Inc, Acton, MA; sciences, Inc, Lowell, MA; Integrated Display Ltd, Kaohsiung, China. Mie America, Inc, Elk Grove Village, IL; Technology, Ltd, Hunghom, Hong Kong; In- Lp Italiana Spa, Milano, Italy; Luminaud, Millar Instruments, Inc, Houston, TX; Mil- tegrated Diagnostics, Inc, Baltimore, MD; Inc, Mentor, OH; Lumisys, Inc, Tucson, AZ; lennia Technology, Inc, Cheswick, PA; Mine Integrity Products, Inc, Grandview, MO. Lumitex, Inc, Strongsville, OH; Lunar Corp, Safety Appliances, Co, Cranberry Township, Integrated Medical Devices Inc, Syracuse, Madison, WI; Luxilon, Antwerp, Belgium; PA; Mir Medical International Research, NY; International Newtech Development, LXN Corp, San Diego, CA; Lyons Medical In- Roma, Italy; Mitsubishi Electronics Amer- Inc, Delta, Canada; International Medical In- strument, Sylmar, CA; M I T Service, Inc, ica, Inc, Somerset, NJ; Mizuho USA, Inc., dustries, Coral Springs, FL; International San Diego, CA; M & C Specialties Company, San Diego, CA; Modular Instruments, Inc., Diagnostics Group Plc, Bury, United King- Southampton, PA; M A S, Inc, Burlington, Malvern, PA. dom; International Medical Equipment Bro- NJ; Mabis Healthcare, Inc, Lake Forest, IL; Moduls Data Systems, Inc, Santa Clara, kers, Mandeville, LA; International Hospital Madsys Inc, Hasbrouck Heights, NJ; Magna CA; Molecular Bio-Products Service Corp, Supply Company, Los Angeles, CA; Inventive Medical, Inc, Miami, FL; Magna-Lab, Inc, San Diego, CA; Monarch Medical Equipment, Products, Inc, Decatur, IL; Inveresk Re- Syosset, NY; Magnetic Research, Inc, Provo, Ltd, Staten Island, NY; Monobind, Costa search (NA), Inc, San Rafael, CA; Invitro UT. Mesa, CA; Morgan Medical Ltd, Rainham, Diagnostika Gmbh, Mainz Kastel, Germany; Maine Oxy-Acetylene Supply Company, Kent, United Kingdom; Mortara Instrument, Invivo Research, Inc, Orlando, FL; Ionetics Auburn, ME; Mallinckrodt Inc, St Louis, Inc, Milwaukee, WI; MPI Medical Products, Inc, Fountain Valley, CA; Iowa Doppler MO; Mardx Diagnostics, Inc, Carlsbad, CA; Inc, Miami, FL; MRI Devices Corp, Products, Inc, Iowa City, IA. Marox Corporation, Springfield, MA; Mar- Waukesha, WI; MTC-Quintiles, Rockville, Ironwood Industries, Inc, Libertyville, IL; quette Hellige, Freiburg, Germany; Mars MD; MUI Scientific, Mississauga, Ontario, Ite Sheltered Workshop, St Louis, MO; Itt Metal Company, Ltd, Yorba Linda, CA; Mas- Canada; Multidata Systems International Electro Optical Products Div, Roanoke ter-Pak Lab, Inc, Paterson, NJ; Mathys Med- Corp, St Louis, MO; Multigon Industries, Inc, County, VA; IV Diagnostics, Inc, Shelton, ical Ltd, Bettlach, Switzerland; Matreya, Yonkers, NY; Multisciences, Inc, Berwick, CT; J S Biomedicals, Inc, Ventura, CA; J J Inc, Pleasant Gap, PA; Matsuhita Commu- ME; Multispiro/Creative Biomedics, San Consulting Services, Inc, Miami, FL; J & M nication Industrial Company, Ltd, Yoko- Clemente, CA. Cylinder Gases, Inc, Decatur, AL; J & T In- hama, Kanagawa, Japan; Maxxim Medical, MWI, Inc, Dallas, TX; Myraid Ultrasound struments, Tuttlingen, Germany; J & S Med- Inc, Athens, TX; MBI Inc, Las Vegas, NV; Systems, Inc, Englewood, NJ; N-Ject LPP, ical Associates, Inc, Framingham, MA; Jaco Mca Software Services, Inc, Tucson, AZ; McHenry, IL; Nagase Corp, Tokyo, Japan; Medical Equipment, Inc, San Diego, CA; Med-Acoustics, Inc, Stone Mountain, GA. National Medical Services, Inc, Willow Jamieson Film Company, Dallas, TX; Jayza Med-I-Co, Signal Hill, CA; Medamicus, Inc, Grove, PA; National Instrument Company, Corp, Miami, FL; Jim’s Instrument Mfg, Inc, Minneapolis, MN; Medela Inc, McHenry, IL; Inc, Baltimore, MD; NBS Medical, Inc, Costa Iowa City, IA; Johnson & Johnson Profes- Medese Ag, Zurich, Switzerland; Medex, Inc, Mesa, CA; NCS Healthcare of Oklahoma, Del sionals, Inc, Raynham, MA. Hilliard, OH; Medgyn Products, Inc, Oak City, OK; NCS Diagnostics, Inc, Etobicoke, Johnson & Johnson Clinical Diagnostics, Brook, IL; Medi Nuclear Corp, Inc, Baldwin Ontario, Canada; Neal Compton Enterprises, Inc, Rochester, NY; Jones Medical Instru- Park, CA; Medic, Inc, Omaha, NE; Medical Inc, Benicia, CA; Nellcor Puritan Benntt Ire- ment Co, Oak Brook, IL; Jostra USA, Austin, Physics Colorado Inc, Boulder, CO; Medical land, Ltd, Galway, Ireland; Nen Life Science TX; Jouan S A, Saint Herblain, France; Jpi, Information Systems of Maryland, Balti- Products Inc, Boston, MA; Neogenesis Corp, Inc, Santa Monica, CA; JS & A Group, Las more, MD; Medical Information Technology, East Northport, NY. Vegas, NV; Jungwon Precision Ind Co Ltd, Inc, Westwood, MA; Medical Analysis Sys- Neometrics, Inc, East Northport, NY; Seoul, Republic of Korea; K W Griffen Com- tems, Inc, Camarillo, CA; Medical Measure- Neopath, Inc, Redmond, WA; Neoterik pany, Norwalk, CT; Kam Ma Trading Com- ments, Inc, Hackensack, NJ; Medical Tech- Health Technologies, Inc, Woodsboro, MD; pany, Tsuen Wan, Hong Kong; Kardiosis Ltd nical Gases Inc, Medford, MA; Medical Sys- Network Concepts Inc, Middleton, WI; Co, Ankara, Turkey; Karmel Medical Acous- tems Engineering, Inc, Oakland, CA. Neurocom International, Inc, Clackamas, tic Technologies Ltd, Tirat Hacarmel, Israel; Medical Chemical Corp, Santa Monica, CA; OR; Neuromedical Systems, Inc, Suffern, NY; KAS and Associates, Nottingham, United Medical Reports Exchange Inc, Baltimore, Neuroscientific Corp, Penndel, PA; Kingdom; Kasha Software, Inc, Charlotte, MD; Medical Imaging Technology Associ- Neurotron, Inc, Lawrenceville, NJ; New York NC. ates, Inc, Mainland, PA; Medical Knowledge Blood Center, Inc, New York, NY; New Prod- Katecho, Inc, Des Moines, IA; Kaulson Lab- Systems, Inc, Boulder, CO; Medical Systems uct Development, Inc, East Syracuse, NY; oratories, Inc, West Caldwell, NJ; Keithley Engineering, Inc, Baltimore, MD; Medical Newmed Corp, Richardson, TX; Nexair, LLC, Instruments, Inc, Solon, OH; Keomed, Inc, Data Electronics, Inc, Arleta, CA; Medical Memphis, TN; Nexell Therapeutics, Inc, Minnetonka, MN; Kimble Glass, Inc, Vine- Device Industry, St Wendel, Germany; Medi- Irvine, CA; Nichimen Europe Plc, land, NJ; King Diagnostics, Inc, Indianap- cation Delivery Devices, Inc, San Diego, CA; Duesseldorf, Germany. olis, IN; KNC Systems, Inc, Merrimack, NH; Medicor, Budapest, Hungary; Medilink, Nichiryo Co Ltd, Tokyo, Japan; Nichols In- Knighton Limited, Buckhurst Hill, Essex, Montpellier, France; Medim stitute Diagnostics, San Juan, CA; Nicolet United Kingdom; Koda and Androlia, Los An- Histotechnologie, Gieben, Germany; Vascular Inc, Golden, CO; Nidek Inc, Fre- geles, CA; Komed, Budapest, Hungary; Medimatic, New York, NY; Medionics Inter- mont, CA; Nihome Seimitsu Sokki, Gunma- Konica Corporation, Hino City, Tokyo, national Inc, Markham, Ontario, Canada. Ken, Japan; Nihon Kohden Corp, Tokyo, Japan; Kontron Instruments Ag, Basel, Medis S R L, Milano, Italy; Medisense, Inc, Japan; Nihon Comac Co Ltd, Matsumoto Schweiz, Germany; Kowa Optimed, Inc, Tor- Bedford, MA; Medisense Contract Manufac- City, Japan; Nihon Kohden, Irvine, CA; Nipro rance, CA; Kumar, Inc, Rio Piedros, PR; Kurt turing, Ltd, Abingdon, Oxon, United King- Company Ltd Research & Overseas Dept, K Fetzer, Tuttlingen, Germany. dom; Medisol Ltd Medical Products, St Tokyo, Japan; Noise Cancellation Tech- Kwm Electronics Corp, West Jordan, UT; Louis, MO; Medison America, Inc, nologies Inc, Linthicum, MD; Nomos Corp, L–3 Communications Corp, Camden, NJ; L2 Pleasanton, CA; Medisurg Industries, Inc, Lake Worth, FL; Norland Corp, Fort Atkin- Systems, Inc, Austin, TX; La Mont Medical, Herndon, VA; Meditec, Company Ltd, son, WI; Northeast Monitoring Inc, Sudbury, Inc, Madison, WI; Lab Vision Corp, Fremont, Dongdaemun-Ku, Seoul, Republic of Korea; MA; Northrop Gruman Corp, Pico Rivera, CA; Labconco Corp, Kansas City, KS; Lab- Mediware Information Systems, Inc, Mel- CA; Norwood Coated Products, Frazer, PA. oratories Knickerbocker, Barcelona, Spain; ville, NY; Medro Systems, Inc, McKinney, Nova Biomedical Corp, Waltham, MA; Laboratory Equipment Corp, Mooresville, TX; Medstone International, Inc, Aliso Viejo, Nova Technologies Inc, Hauppauge, NY; IN; Labsystems Oy, Helsinki, Finland; Ladd CA; Medsys, Inc, Hasbrouck Heights, NJ; Novamed Ltd, Jerusalem, Israel; NTL Asso- Research Industries, Inc, Burlington, VT; Medtec Corp, Chapel Hill, NC; Medtronic Ps ciates Inc, East Brunswick, NJ; Nubenco En- Lallvet Medical, Inc, West Allis, WI; LC Medical, Goleta, CA. terprises, Inc, Paramus, NJ; Nuccardiac

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10794 CONGRESSIONAL RECORD — SENATE September 23, 1998 Software Inc, Yorba Linda, CA; Nuclin Wyckoff, NJ; Prucka Engineering, Inc, Hous- Sensor Devices, Inc, Waukesha, WI; Diagnostics Inc, Northbrook, IL; Nxlink Ltd, ton, TX; Przybyla and Associates, Inc, Sensormedics Corp, Yorba Linda, CA; Richland, WA; O-Two Systems, Mississaugu Tomball, TX; Pt Dharma Medipro, Seracare Technology, Austin, TX; Serbio, Ontario, Canada; Occupational Marketing Tangerang, Indonesia; Pulmonary Data Serv- Gennevilliers, France; Settler Medical Elec- Inc, Houston, TX; Ocenco Inc, Kenosha, WI; ices Inst, Inc. Louisville CO; Pulmonox Re- tronics Inc, Winnipeg, Canada; Seward, Ltd, Ocular Research Associates Inc, Coconut search & Development, Tofield, Canada; Thetford, United Kingdom; Shandon, Inc, Creek, FL; Oculus Optikgerate Gmbh, Pulse Metric, Inc, San Diego, CA; Pulse Bio- Pittsburgh, PA; Shanghai Medifriend Med- Wetzlar, Germany; Odam, Wissembourg, medical, Inc, Norristown, PA. ical Products, Shanghai, China; Shanghai France. Pulse Metric Taiwan, Inc, Taipei, China; Joe’s Automatic Devices, Inc, Shanghai, Oec Medical Systems Inc, Salt Lake City, Pulse Scientific, Inc, Burlington, Canada; China; Shantou Institute of Ultrasonic In- UT; Oem Systems Co Ltd, Uji-Shi, Japan; Puritan Bennett Corp, Minneapolis, MN; Pu- struments, Shantou, China; Shared Systems, Ohlendorf Research Inc, Ottawa, IL; Olympic ritan Bennett Corp, Carlsbad, CA; Puritan Inc, Martinez, GA; Sharper Image Corp, Lit- Controls Corp, Elgin, IL; Olympus America Bennett Corp, Lenexa, KS; Pyramid Biologi- tle Rock, AR; Sharplan Lasers, Inc, Inc, Melville, NY; Omega Medical Imaging cal Corp, Van Nuys, CA; QRS Diagnostic, Allendale, NJ; Sherwood Medical Co, Hazel- Inc, Sanford, IL; Omron Dalian Co Ltd, LLC, Plymouth, MN; Qualis, Inc, Des wood, MO. Dalian, China; Oncor Inc, Gaithersburg, MD; Moines, IA; Quantimetrix, Redondo Beach, Sherwood Medical Co, Bothell, WA; Shield Opthalmed Inc, San Marcos, CA; Optical CA; Quantum Life Systems, Inc, Great Mead- Diagnostics, Ltd, Dundee, United Kingdom; Technology Devices Inc, Elmsford, NY; Op- ows, NJ; Quidel Corp, San Diego, CA; Siemens Medical Systems, Inc, Concord, CA; tima Inc, Tokyo, Japan; Optimed Tech- Quinton Electrophysiology Corp, Richmond Siemens Medical Systems, Inc, Hoffman Es- nologies Inc, Livingston, NJ; Optometrics Hill, Canada. tates, IL; Siemens Medical Systems, USA Inc, Ayer, MA; Orbit Inc, Oak Ridge, Quinton Instrument Co, Bothell, WA; R & Issaquah, WA; Siemens Medical Systems, TN; Organon Teknika Corp, Durham, NC; F Imaging Systems, Inc, Smyrna, GA; R2 Danvers, MA; Siemens Medical Corp, Iselin, Organtec, Mainz, Germany. Diagnostics, Inc, South Bend, IN; Rad- NJ; Sigma Chemical Co, St Louis, MO; Orion Diagnostica (Orion Corporation), Source, Inc, Coral Springs, FL; Radiation Sigma Laboratory Centrifuges, Osterode, Espoo, Finland; Orion Research Inc, Beverly, Oncology Computer Systems, Carlsbad, CA; Germany; Sigma Diagnostics, Inc, St Louis, MA; Ortho-Clinical Diagnostics, Inc, Roch- Radiographic Equipment Services, Inc, Riv- MO; Simonsen Medical A/S, Randers, Den- ester, NY; Ortho-Clinical Diagnostics, Inc, erside, CA; Radiological Specialists, Inc, Van mark; Sims Graseby Ltd, Watford, United Raritan, NJ; Ortivus Ab, Taby, Sweden; Osim Nuys, CA; Randwal Instrument Co, Inc, Kingdom; Sims Portex Ltd, Kent, United (USA) Inc, Bellevue, WA; Ostemeter Southbridge, MA; Rapid-Aid Ltd, Oakville, Kingdom. Meditech A/S, Horsholm, Denmark; Otago Canada; Raymax of Canada, Brampton, Can- Sims Pneu Pac, Ltd, Luton, United King- Corp, Ipoh, Malaysia; Oxarc Inc, Pasco, WA; ada; Reflex Industries, Inc, San Diego, CA; dom; Sinmed BV, Reeuwijk, Netherlands; Oxford Medical Inc, Largo, FL; Oxigraf Inc, Reid & Priest, LLP, New York, NY; Remco Sita Associates, Flossmoor, IL; Sitco, Inc, Mountain View, CA; Oxis International Inc, Italia, South Pedrino Di Vignate, Italy. Arlington Heights, IL; Skatron, Inc, Ster- Portland, OR; Oxygen Therapy Institute, Remedpar, Inc, Goodlettsville, TN; Repub- ling, VA; Sleepnet Corporation, Manchester, Livonia, MI; Pace Tech Inc., Clearwater, FL, lic Drug Co, Inc, Buffalo, NY; Research Con- NH; SLP, Ltd, Tel-Aviv, Israel; Smithkline Pacific Pharmaceuticals Inc, San Diego, CA; sultants, Inc, Waco, TX; Respiratory Support Diagnostics, Inc, Sharon Hill, PA; SMV Packard Bioscience Co, Downers Grove, IL; Products, Inc, Irvine, CA; Rhomicron America, Twinsburg, OH; Snap Laboratories, Pantex—Div Bio-Analysis Inc, Santa Monica, Electronica Medica, Buenos Aires, Argen- LLC, Glenview, IL; Snijders Analysers BV, CA; Park Surgical Co, Brooklyn, NY. tina; Ricca Chemical Co, Arlington, TX; Riv- Tilburg, Netherlands; So-Cal Airgas, Lake- Park Medical Systems Inc, Lachine Que- erside Corporation, Tokyo, Japan; RJ Har- wood, CA; Soft Computer Consultants, Palm bec, Canada; Parks Medical Electronics Inc, vey Instrument Corp, Hillsdale, NJ; RMC, Harbor, FL; Solomon Technology Corp, Aloha, OR; Parsons Airgras, San Diego, CA; Tucson, AZ; Roche Diagnostics, Somerville, Chandler, AZ; Somanetics Corp, Troy, MI; Particle Data, Inc, Elmhurst, IL; Pasadena NJ; Roche Diagnostic Systems, Inc, Somer- Somatronix Research Corp, Granby, CT. Scientific Industries, Pasadena, MD; ville, NJ; Rocky Mountain Reagents, Inc, Paterson Scientific Inc, Paterson, NJ; Denver, CO; Rodenstock USA, Inc, Danbury, Sonar Hearing Health, Eagan, MN; Sono Payton Associates Inc, Buffalo, NY; PDX CT; Roman Vladimirsky, Los Angeles, CA; Diagnostics, Inc, Pinellas Park, FL; Technologies, Westlake Village, CA; Peb As- Rossmax Intl, Ltd, Taipei, China. Sonogage, Inc, Cleveland, OH; Sonosight, sociates, Seargeantsville, NJ; Pemco Inc, Rova Co, Inc, Newbury, OH, Rowley Bio- Inc, Bothell, WA; Sorba Medical Systems, Independence, OH; Perimed Inc, Smithtown, chemical Institute, Inc, Danvers, MA; RT Inc, Brookfield, WI; Spectronic Instruments, NY; Perimed Ab, Jarfalla, Sweden; Technical Services, Burleson, TX; Rusch, Inc, Rochester, NY; Spirometrics Medical Perimmune Inc, Rockville, MD; Perkens Inc, Duluth, GA; RW Johnson Pharma- Equipment Co, Auburn, ME; SRD Shorashim Electronics Co, Dallas, TX; Perstorp Analyt- ceutical, Research Inst, Raritan; S & W Medical, Ltd, DN Misgav, Israel; Stanbio ical, Wilsonville, OR; Peter W Seeh Medical, Medico Teknik, Aabybro, Denmark; S & M Laboratory, Inc, San Antonio, TX; Standard Tuttlingen, Germany. Instrument Co, Doylestown, PA; Sable In- Scientific, Inc, Hebron, KY; Starkey Labora- Pett Electronics Inc, Webster Groves, MO; dustries, Oceanside, CA; Sag Harbor Indus- tories, Inc, Eden Prairie, MN; Statcorp, Inc, Phamatech, San Diego, CA; Pharmacia & tries, Inc, Sag Harbor, NY; Saleem Surgico, Jacksonville, FL; STC Technologies, Inc, UpJohn, Kalamazoo, MI; Philips Lighting Sialkot, Pakistan; Samsung-Ge Medical Sys- Bethlehem, PA; Stemcell Technologies, Inc, Co, Somerset, NJ; Philips Medizin Systeme, tems Co, Sungnam-Shi, Korea; San Diego Vancouver, Canada. Hamburg, Germany; Phoenix Biomedical Biotech, San Diego, CA; Sandare Inter- Stephenson Industries, Inc, Point Pleas- Corp, Norristown, PA; Phycon Medical national Inc, Cedar Hill, TX; Sanfan Plastic ant, NJ; Steritek, Inc, Moonachie, NJ; Sciences, Inc, Tampa, FL; Physio Systems, & Rubber Co, Ltd, Chengdu, China. Sterne Manufacturing, Brampton, Canada; Inc, Newark, CA; Physio-Dyne Instrument Sanko Junyaku Co, Ltd, Tokyo, Japan; St Jude Medical Cardiac Rhythm Manage- Corp, Farmingdale, NY; Pi Medical, Athens, Sanofi Diagnostics Pasteur, Redmond, WA; ment Division, Sylmar, CA; Storch, Amini, & TN; Pie Medical Equipment BV, Maastricht, Sanofi Diagnostics Pasteur, Marnes-La-Co- Munves, New York, NY; Stratec Elektronik, Netherlands; Planet Products Corp, Madison, quette, France; Sanwa Kagaku Kenkyusho, Birkenfeld, Germany; Strategic Diagnostics, WI; PML Microbiologicals, Wilsonville, OR; Nagoya, Japan; Sarstedt, Inc, Newton, NC; Inc, Newark, DE; Summit Medical Inc, Palm Point Plastics, Inc, Petaluma, CA. Sasco, Inc, Charlotte, NC; Sato Light Indus- Harbor, FL; Sun Nuclear Corporation, Mel- Pointe Scientific, Inc, Lincoln Park, MI; try Co, Ltd, Agei-Gun, Japan; Scan Medical, bourne, FL; Sun Biomedical Laboratories, Polar Cryogenics, Inc, Portland, OR; Ltd, Middlesex, United Kingdom; Scanco, Inc, Blackwood, NJ; Sunquest Information PolHiTech SRL, Carsoli, Italy; Poly Sci- Inc, Ithaca, NY; Scanditronix Medical AB, Systems, Inc, Tucson, AZ; Suntex Instru- entific Research & Development Corp, Uppsala, Sweden; Scantibodies Laboratory, ments Co, Ltd, Taipei, China; Superkit Intl, Bayshore, NY; Portable Medical Labora- Inc, Santee, Ca; SCC, Inc, Hawthorne, CA; Inc, Miami, FL. tories, Inc, Solana Beach, CA; Positron Corp, Schiapparelli Biosystems, Inc, Fairfield, NJ; Surgical Navigation Technologies, Broom- Houston, TX; Pratt Medical, Inc, Olathe, CO; Schick Technologies, Inc, Long Island, NY. field, CO; Surgical Technologies, Inc, Salt Praxair Inc, Middleburg Heights, OH; Schiff & Co, West Calwell, NJ; Schiller AG, Lake City, UT; Surgical Instrument Co of Praxair Distribution, Middleburgh Heights, Baar, Switzerland; Schinkoeth Equip- America, Ridgefield, NJ; Surgicon, Ltd, OH; Praxair Distribution Southeast Llc, amentos Medico-Hospitalares LTDA, Nucleo Sialkot, Pakistan; Suzuken Co, Ltd, Hagoya- Middleburg Heights, OH; Precise Optics, Bay Bandeirante, Brazil; Schoch Electronics, Higashi, Japan; Swelab Instrument, Stock- Shore, NY; Precision Systems, Inc, Natick, Regensdorf, Switzerland, Scintillation Tech- holm, Sweden; Swemed Lab Intl, Billdal, MA; Prentke Romich Co, Wooster, OH; nologies Corp, Knoxville, TN; Scribner Sweden; Sybron Intl Corp, Milwaukee, WI; Prime Ideas, Inc, Willmar, MN; Princeton Browne, Inc, Boulder, CO; Seac SRL, Syntron Bioresearch, Inc, Carlsbad, CA; Biomeditech Corp, Princeton, NJ. Calenzano, Italy; Sealite Sciences, Inc, Nor- Sysmex Corp, Long Grove, IL; Systec Com- Priority Healthcare Corp, Altamonte cross, GA; Sechrist Industries, Inc, Anaheim, puter Associates, Inc, Mount Sinai, NY; Springs, FL; Prism Microsystems, Ltd, CA; See Sea Development, Inc, Seminole, Tanabe USA, Inc, San Diego, CA; Tasteful Borehamwood, United Kingdom; Procedure FL; Seiko Instruments, Inc, Chiba-Shi, Corporation, Taipei, China; Technical Products, Inc, Vancouver, WA; Progetti Japan; Sela Electronic, Inc, New York, NY; Chemicals & Products, Inc, Ft Lauderdale, SRL, Torino, Italy; Propper Mfg Co, Inc, Senior Technologies, Inc, Lincoln, NE; Sens- FL; Teco Diagnostics, Anaheim, CA; Teco Long Island City, NY; Protel USA, LLC, O-Tech Industries, Inc, Tinton Falls, NJ. Medical Instruments, Ergoldsbach, Germany.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10795 Telediagnostic Systems, Inc, San Fran- Krawitz, Orange, CA; Wilson Sonsini Good- the field next spring. It is a dev- cisco, CA; Telex Communications, Inc, Min- rich and Rosati, Palo Alto, CA; Winfield astating circumstance in the farm belt. neapolis, MN; Terumo Medical Corp, Elkton, Medical, San Diego, CA; Winmed Instru- So the Senator from South Dakota MD; Texas Immunology, Inc, Tyler, TX; ments Mfg. Corp, Taipei, China; Wipro Ge was saying we need somehow to protect Texas Intl Laboratories, Inc, Houston, TX; Medical Systems Ltd, Bangalore, India; Wis- Texas Medical Electronics Co, Houston, TX; consin Pharmacal Co, Jackson, WI; Witt Bio- our rights to address these key issues. The Lahr Consulting Group, Inc, Mahwah, medical Corp, Melbourne, FL; WL Gore & As- I know the Senator from Arizona ac- NJ; The Kohl Group, Scottsdale, AZ; The sociates, Inc, Phoenix, AZ; World Wide Plas- knowledged that he understood that. I Anson Group, LLC, Indianapolis, IN; The tics, Inc, Trevose, PA; Wuzi Haiying-Cal Tec just wanted to point out, again, it is Soule Company, Inc, Tampa, FL; The Electronic Equipment Co., Wuxi, China. not anybody’s intention to provide Perkin-Elmer Corp, Norwalk, CT; Theranol Wyndgate Technologies, Rancho Cordova, roadblocks. What we want to try to do Deglaude Laboratories, Bagneux, France; CA; Wyrick, Robbins, Yates & Ponton, Ra- is see if we can find avenues to address Theratronics Intl, Ltd, Kanata, Canada; leigh, NC; X R E Corp, Littleton, MA; X-Cel Thermo Separation Products, San Jose, CA. significant and real issues. X-Ray Corp, Cystal, Lake, IL; Xenos Medical Yes, the Internet bill will get here Timm Research Co, Eden Prairie, MN; Systems, Inc, New Canaan, CT; Xerox Adapt- Tiyoda Mfg USA, Inc, Torrance, CA; TM ive Technologies, Peabody, MA; Xingtai and I think get done at some point. But Analytic, Inc, Brandon, FL; Toitu of Amer- Plastic Medical Apparatus Factory, Xing- we need to protect the rights, as legis- ica, Inc, Wayne, PA; Tomtec Imaging Sys- Tai, China; Xitron Technologies, Inc, San lation brought is to the floor, to deal tems, Unterschleissheim, Germany; Top Diego, CA; Xtec, Inc, Columbia City, IN; with the Patients’ Bill of Rights and to Corp, Tokyo, Japan; Toray Marketing & Yorke Enterprises, Ltd, Mitcham, United deal with the agricultural crisis which Sales, Inc, Houston, TX; Toshiba Corp Med- Kingdom; Young Dental Mfg. Co, Browns- is potentially so devastating to the ical Engineering Center, Otawara-Shi, ville, TX; Ysi, Inc, Yellow Springs, OH; Japan; Toshiba Corporation, Tochigi-Ken, farm belt in this country. Yukosha Co, Inc, Tokyo, Japan. I wanted to make that point clear to Japan; Tosoh Medics, Inc, Foster City, CA; Z-Tech, Inc, Charleston, SC; Zaxis Inc, Touritu Engineering Co, Inc, Suzuka, Japan; Hudson, OH; Zee Medical, Inc, Irvine, CA; reinforce the comments made by Sen- Toys For Special Children, Inc, Hastings on Zenex Corp, Elk Grove Village, IL; Zertl ator DASCHLE earlier. Hudson, NY; Trac Medical, Inc, Raleigh, NC; Medical, Inc, Pennington, NJ; Zetek, Inc, I yield the floor. I know the Senator Trace America, Inc, Miami, FL. Aurora, CO; Zeus Scientific, Inc, from Oregon wishes to be recognized. Translite, Sugarland, TX; Tri-Gas, Inc, Ir- Branchburg, NJ; Zewa, Hergiswil, Switzer- Mr. WYDEN addressed the Chair. ving, TX; Tri-Continent Scientific, Inc, land; Zimmer Elektromedizin Corp, Irvine, The PRESIDING OFFICER. The Sen- Grass Valley, CA; Trinity Biotech, Dublin, CA. ator from Oregon. Ireland; Trionix Research Laboratory, Inc, The PRESIDING OFFICER. The Sen- Twinsburg, OH; Tubemaster, Inc, Grand Mr. WYDEN. Mr. President, I will be Prairie, TX; U-Med Industrial, Inc, Tokyo, ator from North Dakota. brief. First, I thank the Senator from Japan; UGM Medical Systems, Inc, Philadel- f North Dakota for all the work he has phia, PA; Ulster Scientific, Inc, New Paltz, done over the last few months on the INTERNET LEGISLATION AND THE NY; Ultravoice, Ltd, Berwyn, PA; UMA, Inc, Internet tax freedom bill. We are going RIGHT TO ADDRESS KEY ISSUES Dayton, VA; UMM Electronics, Inc, Indian- to get there to no small degree because apolis, IN; Unipath, Ltd, Bedford, United Mr. DORGAN. Mr. President, going the Senator from North Dakota has Kingdom; United Biotech, Inc, Mountain back to the previous discussion on the worked so closely with us. I thank him View, CA; Universal Medical Systems, Inc, Internet tax issue that the Senator Clearwater, FL; Universal Medical Systems, for it. Inc, Bedford Hills, NY. from Arizona raised, I want to make a In the last few minutes, we have Unotech Diagnostics, Inc, San Leandro, comment about both the objection talked about two extremely important CA; UO Equipment Co, Houston, TX; raised by the minority leader, Senator subjects: the question of a Patients’ Urometrics, Inc, St Paul, MN; US Endoscopy DASCHLE, as well as the bill itself. Bill of Rights and the Internet tax free- Group, Inc, Mentor, OH; US Filter/Ionpure, The bill started out being a very con- dom bill. Both of these bills are ex- Inc, Lowell, MA; US Filter, St Louis Park, troversial piece of legislation. There tremely important to me. In fact, MN; US Filter Continental Water Systems, was great disagreement on exactly El Paso, TX; US Summit Co, New York, NY; shortly after I came to the U.S. Senate USA Instruments, Inc, Aurora, OH; Validyne whether and how to proceed on this in 1996, I offered one of the key provi- Engineering Sales Corp, Northridge, CA; issue. But I must say, the Senator from sions in the Patients’ Bill of Rights Valmed, Inc, Northboro, MA; Varian Interay, Oregon, the Senator from Arizona, and with Senator KENNEDY. It was legisla- North Charleston, SC; Varian-Tem Ltd, others have worked with a number of tion to ban these gag clauses, these ri- Crawley, United Kingdom; Varian-Arlington us who have had reservations and con- diculous provisions in managed care Heights, Arlington Heights, IL. cerns about the bill. I think we have agreements that literally keep physi- Varian Chromatography Systems, Walnut made a substantial amount of progress. cians from telling their patients about Creek, CA; Vasculab Medizintechnik, Poel Island, Germany; Versamed, Ltd, Tel-Aviv, I expect at some point it will get to the all their health care options. These gag Israel; VF-Works, Inc, Palm Harbor, FL; Vic- floor of the Senate here, and I will hope clauses are unconscionable. We re- tor Equipment Co, Denton, TX; Vidamed, to be helpful on a compromise that I ceived over 50 votes the first time we Inc, Fremont, CA; Viran Clinical think does the right thing. brought it to the floor of the U.S. Sen- Diagnostics, Inc, Stevensville, MI; Virtual I always said if the proposition is, let ate, at a time when people knew very Corp, Portland, OR; Vision Instruments, Ltd, us not apply punitive taxes to the little about the subject. I feel very Melbourne, Australia, Visionics Corp, Min- Internet, I am for that. I am for a pro- strongly about the Patients’ Bill of neapolis, MN; Vitalcom, Inc, Tustin, CA; hibition against punitive taxes on the Rights and, hopefully, we can get an Vitalcor, Inc, Westmont, IL; Vitalograph, Inc, Lenexa, KS; VNA Systems, Inc, Atlanta, Internet. But the way it was described agreement, and I do think we can get GA; VSI Radiology, San Diego, CA; Vulcon initially, I have a lot of concerns about an agreement that is bipartisan. Technologies, Grandview, MO. that. There have been a lot of changes I also want to say, Mr. President, Vygon Corp, East Rutherford, NJ; Wako made on this bill and I think the how strongly I feel about passing the Chemicals, USA, Inc, Richmond, VA; Wallac, changes made a lot of progress. I com- Internet tax freedom legislation as Inc, Akron, OH; Walter Kidde Portable pliment the Senator from Arizona and well. It is time for the U.S. Senate to Equipment, Inc, Mebane, NC; Ware Medics the Senator from Oregon as we con- begin to write the rules for the digital Glass Works, Inc, Haverstraw, NY; Warren D. tinue to discuss this. But I did want to Novak Enterprises, Inc, Chappaqua, NY; economy. The Internet is clearly going Water Solution Technologies, Carlsbad, CA; mention one additional point. to be the business infrastructure in the Wellhofer North America, LLC, Bartlett, TN; The Senator from South Dakota, 21st century. Usage is doubling every 60 Wenzhou Ouhai Medical Instruments Fac- Senator DASCHLE, was constrained to days, or thereabouts, and it is clear we tory, Wenzhou, China; Werner Fischer, object. I know the Senator from Ari- don’t have any ground rules to address Fridingen, Germany; Western Star, Inc, zona understands well the concerns. It the critical issues that involve elec- Lake Oswego, OR; Whale Scientific, Inc, is not just about the issue of the Pa- tronic commerce. Commerce City, CO; Whitmore Enterprises, tients’ Bill of Rights. We must also If somebody in Iowa, for example, Inc, San Antonio, TX. Wien Laboratories, Inc, Succasunna, NJ; find a way to address this agricultural wants to order fruit from Harry and Wiener Laboratories, Rosario, Argentina; crisis in a satisfactory manner. If we David’s in Medford, OR, ship it to their William E. King, Waukegan, IL; Williams do not, about 20 percent of the family cousin in Florida, pay for it with a Sound Corp, Eden Prairie, MN; Willie farmers in North Dakota will not be in bank card in New York and do it

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10796 CONGRESSIONAL RECORD — SENATE September 23, 1998 through America Online in Virginia, legislation was originated by the Sen- full might of an army being used what are going to be the ground rules ator from Oregon. I have been glad to against civilian centers.’’ A few days with respect to taxes? assist and help in that effort. He has later, as reported by the Washington What the Internet cannot afford is done the heavy lifting. I appreciate his Post, the development of a crazy quilt of dis- kind remarks. Yugoslavia’s reply to threats of NATO air- criminatory taxes with respect to this I assure him that in discussions with strikes could be heard for miles around. The burgeoning area of our economy. That the Democratic leader, with Senator nightly bombardment of border villages oc- is why it is so important that the Sen- DORGAN and others, I am confident cupied by rebels of the Kosovo Liberation ate move on this legislation. that we will get this bill up and done in Army has unleashed a flood of tens of thou- sands of refugees. Caught in the cross-fire, I will close by saying a word about the next few days. I thank him for all they have seen their homes shelled, then the manager of the legislation, the of his efforts. torched by government forces in what other Senator from Arizona. Throughout The Senator from North Dakota nations and international organizations have these many months, the chairman of mentioned the difficulties in North Da- denounced as ‘‘ethnic cleansing’’. the Commerce Committee, the Senator kota. North Dakota has gotten more The next day, NATO fighter jets from Arizona, and his staff have than its share of natural disasters this streaked across Albanian skies in a worked very closely with me and have year, including one man-made in the show of force that was less than the worked very closely with a host of form of an airline strike that was very sum of its parts. ‘‘I’m very glad,’’ one Members of the U.S. Senate. There damaging to the economy of his State. Albanian said, ‘‘because it shows that have been more than 30 separate I certainly believe that all of us are in [NATO is] for the liberation of changes made in the Internet tax free- sympathy with the agriculture crisis in Kosovo.’’ In less time than it took our dom bill from the time it was origi- America. fighters to land at Aviano, though, U.S. nally introduced on a bipartisan basis. Mr. President, I have been awaiting and allied credibility had descended to I want it understood that a bipar- the presence of Senator FORD, who is new depths, and the victims of Serb ag- tisan effort under the leadership of going to manage on the other side. I gression were once again lulled into a Chairman MCCAIN has been made for am a bit reluctant to move forward, so false sense of security. United States many, many months now, involving I ask unanimous consent to proceed as foreign policy in the Balkans has once Senator STEVENS originally, with re- in morning business for 5 minutes. again been shattered by the reality of a spect to the Universal Service Fund. The PRESIDING OFFICER. Is there dictatorial regime adept at manipu- Senator DORGAN has had a variety of objection? Without objection, it is so lating the anemic diplomatic process issues with respect to treatment of the ordered. that resulted in tens of thousands of States. Senator BUMPERS has had enor- f deaths in Bosnia and has now left mous contributions and questions that Kosovo in ruins. THE SITUATION IN KOSOVO we felt had to be addressed, as well as By conducting that aerial show of Senators GREGG and ENZI. Mr. MCCAIN. Mr. President, in the force back in June without following- I am very hopeful that very shortly already strife-torn region of the former through, and by repeatedly allowing this week this legislation is going to be Yugoslavia, the new year of 1998 was the regime of Yugoslav President brought to the floor of the U.S. Senate, initiated with a new declaration of Slobodan Milosevic to employ his tac- and I am very hopeful that it can be war. A then-small group of pro-inde- tics from Bosnia of professing compli- brought to the floor in a way that will pendence rebels calling themselves the ance with United Nations demands one also allow for the important Patients’ Kosovo Liberation Army announced its day only to return to his policy of eth- Bill of Rights legislation to go forward. intention to fight for the independence nic cleansing the next, the United Na- I have spent a considerable amount of the Kosovo region of what remains tions has failed to accomplish the over- of my time since coming to the U.S. of Yugoslavia. With the wounds from riding goal for which it was created: Senate on both of these issues, working Bosnia still festering and U.S. and al- the resolution of conflict so that the on both of them in a bipartisan fash- lied troops seemingly locked-into an crimes of the past would not be re- ion. I think both of them are now ready intractable peacekeeping operation peated in the future. Mr. President, the for consideration on the floor of the with no end in sight, Europe and the scale of human tragedy before us cries Senate. United States once again found them- out for a European response that it has I see the chairman of the Commerce selves with a serious dilemma involv- heretofore been unwilling to coun- Committee is here now and has another ing life and death decisions. The subse- tenance. important bill to bring up. I will close quent nine months of conflict in the There is no question that Russian by, again, expressing my appreciation Albanian majority province of Serbia and Chinese opposition to Security to him for all the time that he has put have illuminated the degree to which Council resolutions authorizing the use in to try to get the Internet tax free- the enlightened nations of the West of force to compel Serb compliance has dom legislation specifically before the continue to wrestle with the most fun- been a serious, and tragic, obstacle to Senate. I believe we are ready now, and damental tenets of conflict prevention the kind of resolute response cir- certainly those Senators who have and resolution. The results are not im- cumstances demand. It is also inargu- brought amendments to the chairman pressive. ably difficult to castigate the United and myself have a right to be heard and We have not lacked for rhetoric, but Nations while simultaneously insisting they should be heard. we have proven woefully inadequate at that United States and NATO policy I believe we are ready for an agree- backing up our words with resolute ac- should not be subordinate to the dic- ment that will protect the rights of tion. Relatively early in the conflict, tates of the U.N. with regard to a con- every Member of the U.S. Senate and, but long after the gravity of the situa- flict so central to European stability. at the same time, allow the Senate to tion was apparent, Secretary of State As is often the case in international re- go forward and take the first steps—it Albright warned that Serbia would lations these days, we do not enjoy the is going to be a long journey—it is time ‘‘pay a price’’ for its characteristically luxury of the level of clarity prevalent to take the first steps to writing some scorched-earth military campaign during the Cold War when Europe was of the essential rules for the digital against the KLA and its ethnic Alba- firmly and evenly divided between economy, the Internet, which is going nian supporters. ‘‘We are not going to competing centers of power. to so dominate our lives in the next stand by and watch . . .,’’ she declared, Europe must take responsibility for century. while ‘‘. . . Serbian authorities do in the security of the Balkins. The United Mr. President, I yield the floor. Kosovo what they can no longer get States cannot and should not be vested Mr. MCCAIN addressed the Chair. away with doing in Bosnia.’’ with responsibility for maintaining se- The PRESIDING OFFICER. The Sen- During the June meeting in Luxem- curity in the Balkins in perpetuity. ator from Arizona. bourg of the European Union foreign Putting aside for a moment the utter Mr. MCCAIN. Mr. President, I say to ministers, Britain’s Foreign Secretary inability of the current Administration my friend from Oregon, he is too kind Robin Cook was quoted as stating, to articulate and implement a sound in his remarks. The fact is that this ‘‘Modern Europe will not tolerate the policy with regard to Kosovo, both the

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10797 United States and Europe must come troops there. That troop strength has burden that carries with it implica- to terms once and for all with the cen- since been reduced by two-thirds, and tions that none should take lightly. tral imperative of supporting diplo- the stabilizing aspects of the bipolar Not just in Kosovo but elsewhere where macy with force. structure are gone. The turbulence of our interests are threatened, the world Right now, the Serbs are conducting the post-Cold War world demands a must know that the United States will a major offensive against the remnants level of competence on the part of stand firm and will not follow the path of the KLA. In fact, this latest offen- those entrusted with our national secu- that leads to the inclusion of more sive cannot truthfully be characterized rity and foreign policy that is sadly places in the list of sorrow. as counterinsurgency in nature; the lacking. The history of the conflicts in Mr. President, last night I was at a cold, hard fact is, as with Bosnia before Bosnia and Kosovo are histories of function here in Washington. All of us it, the Serb nation is carrying out the threats not carried out and of the who are Members of the Senate attend very type of brutal, inhumane ethnic strong being outmaneuvered by the many functions, many of them nightly. cleansing for which it was universally weaker. This Administration’s conduct This was kind of a special evening, at criticized prior to the Dayton Accords. of diplomacy with regard to Serbia, least for many of us, and that is be- As with Bosnia, a strong, meaningful— North Korea and Iraq is somewhat akin cause we honored Senator Bob Dole, and I emphasize ‘‘meaningful’’—em- to what would happen if Thucydides’ our former majority leader of the Sen- ployment of military power against Melian Dialogue were reversed, and the ate and former nominee of our party Serb military forces and associated in- weak were dictating terms to the for President of the United States. frastructure at the outset could have strong. Bob Dole gave a moving, persuasive prevented the scale of devastation that But the stakes here are real. The sit- and compelling speech, probably the has subsequently transpired. Will Eu- uation in Kosovo is potentially more likes of which I have never heard him rope learn? If history is a guide, the dangerous than was the case in Bosnia. give in the many years I have been a lessons for other peoples subject to The KLA’s professed long-term goal of friend and a compatriot of Senator domination by stronger neighbors are uniting the Albanian populations of Dole. not positive. Kosovo, Macedonia and Albania into a This speech that he gave last night, Our former majority leader, Bob greater Albania cannot be ignored. The Mr. President, was so strong and so Dole, upon returning from Kosovo, conduct of Serbia’s campaign against compelling that I ask unanimous con- stated that ‘‘American and European the insurgents similarly holds the po- sent that it, along with my introduc- leaders have pledged not to allow the tential for spreading beyond the con- tion, be printed in the RECORD. crimes against humanity which we wit- fines of that beleaguered province. We There being no objection, the mate- nessed in Bosnia to occur in Kosovo. cannot afford the level of diplomatic rial was ordered to be printed in the But from what I have seen, such crimes ineptitude that has been prevalent RECORD, as follows: are already happening.’’ with regard to the former Yugoslavia REMARKS BY SENATOR JOHN MCCAIN AWARD- Mr. President, prominently displayed since 1992. ING THE IRI 1998 FREEDOM AWARD TO SEN- in the United Nations building in New The United Nations’ stagnation as an ATOR ROBERT DOLE, SEPTEMBER 22, 1998 York is Picasso’s famous and haunting instrument of conflict resolution dur- If you will permit me, I would now like to ‘‘Guernica.’’ That painting symbolized ing the Cold War was, to an extent, un- talk a little bit about some other attributes for the artist the carnage, the human derstandable. Its failure in the Bal- of Senator Dole’s character. It is my privi- suffering on an enormous scale, that kans, however, is a very bad omen in- lege tonight to present the 1998 Freedom resulted from the Spanish Civil War—a deed for its ability to perform its most Award to Bob, and to make a few, brief re- prelude to the Second World War. Per- essential core task. The Clinton Ad- marks explaining why the IRI Board of Di- ministration’s inability to comprehend rectors was pleased to recognize with this haps it is too abstract for those coun- award Bob’s contribution to the American tries in the United Nations that oppose the limitations of that body—the U.N. cause—the cause of freedom. the use of force to stop the atrocities is, after all, comprised of nations and I am at a little disadvantage, however. that have come to symbolize the not of ideals—do not augur well for the Two years ago, when Bob honored me by ask- former Yugoslavia, or that believe the protection of United States security in- ing me to place his name in nomination at war in Kosovo is the internal business terests abroad. NATO, meanwhile, con- the Republican Convention in San Diego, I of Serbia. A few minutes away from tinues its contingency planning with a tried as best I could to state succinctly why here is a reminder of what happens range of military options, but anything I admire Bob so much, and why I thought he less than truly decisive force that would make a great president. I fear that when Edmund Burke’s adage that ‘‘all there is little I can offer tonight that would that is necessary for the triumph of makes the regime in Belgrade fear for be a truer expression of my regard for Bob evil is for good men to do nothing’’ is its survival will leave us with a battle than the thoughts I offered in that speech. ignored. yet to be fought, just as it has in Iraq. So I thought I would begin by doing what Ethnic cleansing is not an abstract A token number of cruise missiles will most politicians love to do: and that is, by concept in the Holocaust Memorial cost a lot of money, but will not ac- quoting myself. Museum. Technology has advanced to complish our goals. Missing is a strat- I wanted to open my speech in San Diego wondrous degrees during this century, egy for ending the conflict, vice com- with a statement that would encompass all the reasons I believe Bob Dole to be such an but the basic nature of man remains pelling President Milosevic to agree to honorable man; what it was that so distin- the same. He is capable of great good; talk about negotiations. The employ- guished Bob that I thought him worthy to he is just as equally capable of the kind ment of military force must be suffi- hold the highest office in the land. After con- of actions that have made places like cient to destroy the internal power siderable thought on the matter, I came up Auschwitz, Cambodia, Rwanda, structure that sustains those pros- with a description of Bob’s character that Srebrenica, the Gulag Archipelego, and ecuting crimes against humanity. In could also serve as a pretty good definition Nanking synonymous with sorrow. To short, NATO must either be prepared of patriotism. It reads as follows: this list, will we have to add Kosovo? to do what militaries are trained to do, ‘‘In America we celebrate the virtues of the quiet hero; the modest man who does his The situation is clearly not at that prevail, or it will reap limited gains of duty without complaint or expectation of stage, but the onset of winter could short duration. praise; the man who listens closely for the change that very quickly, with impli- Mr. President, people are dying. Pre- call of his country, and when she calls, he cations that I don’t want my small varication, the modus operandi of this answers without reservation, not for fame or children to have to read about in their administration when decisive actions reward, but for love. He loves his country.’’ history books with shame. are required, carries a price in lives. Today, no less than two years ago, Bob The Europeans have never been very The world will look to this body for a Dole and patriotism are synonymous to me. adept at maintaining peace within and glimpse of the level of U.S. resolve, He loves his country, and has served her between their boundaries. It is instruc- seeing little in the White House. That faithfully and well all of his adult life. And though his country is honored by his service, tive that the longest single period of is a burden we must face with the grace he has asked nothing of his country in return peace the continent has experienced and dignity and moral fortitude that save the opportunity to serve her further. was during the Cold War when the comes from representing the citizens of He loves his country’s cause, and has since United States stationed over 300,000 the greatest country in history. It is a he took up arms many years ago to defend

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10798 CONGRESSIONAL RECORD — SENATE September 23, 1998 American freedom, been a champion for the ever they were suffering was always Amer- It is more than fitting, Bob, that IRI’s 1998 cause of freedom wherever it is opposed. He ica’s business. So, he resolved to support the Freedom Award include as a testament to was and is an outspoken advocate for all President’s decision, and win from the Sen- your service, a rare copy of the original those who are denied their God-given rights ate he led an expression of our support as hand-written note by General Eisenhower to life, liberty and the pursuit of happiness. well. It was neither an easy task nor a uni- provided to us by the Eisenhower Library in His was among the first voices to bring versally popular one within our own caucus. Atchison, Kansas. I take great pleasure in America’s attention to the terrible assault Bob’s opponents for the Republican presi- presenting it to you along with photograph on human life and dignity in Bosnia. dential nomination had already spoken out of the General addressing his troops on the For many years, he has tried to alert the in opposition to the decision, and were begin- eve of D-Day, and a first edition copy of his world to the persecution of ethnic Albanians ning to put extraordinary pressure on Bob to personal account of the war, Crusade in Eu- in Kosovo. From the Balkans to Latin Amer- do likewise. rope. ica, he has distinguished himself as an ar- Were he to win the nomination he would be In addition, IRI is privileged to make a dent defender of the rights of Man, as many running against the man whose controversial contribution in your name to the cause that people who have struggled courageously to decision to put Americans into harm’s way is today so close to your heart, and which claim those rights would attest. Bob had now resolved to defend. You will re- you serve as National Co-Chairman, the He has done so, I believe, because he had member, at the time, most people expected World War II Memorial Campaign. We offer cause in his life to appreciate how sacred are our soldiers to suffer more than a few casual- this award to you with the knowledge that it those rights, and how great are the sacrifices ties. I suspect more than one of Bob’s cam- is but a small expression of the esteem you that are too often necessary to defend them. paign consultants advised him to walk away are held in by IRI, everyone here tonight, ‘‘There is nothing good about war,’’ Bob from the issue; to let someone else assume and by the millions of people whose aspira- once wrote, ‘‘for those who have known the the burden of supporting our troops. But Bob tions IRI was formed to support. horror of battle. Only causes can be good.’’ conceived his duty differently. But the most important tribute we can And of his war, the Second World War, he He is a good Republican, but he is an offer you is to simply observe of those Amer- wrote, ‘‘millions of servicemen like myself American first. He has personal ambitions, icans who with you once sacrificed for some- found a cause to justify the greatest losses.’’ but they are secondary to his ideals and his thing greater than their self-interest—those They were losses that Lieutenant Bob Dole ambitions for his country. The President had who came home with you to the country witnessed personally, suffered personally. decided to send American soldiers to Bosnia, they loved so dearly, and those who rest for- But the experience did not embitter him, but and so they would go. Bob Dole intended to ever in the European cemeteries—how proud only reaffirmed for him the nobility of the stand with them. They would risk their lives they must be of you for having honored so cause he served. And he has, since the day he for a just cause. Bob Dole would risk his am- well, in the many years since the guns fell si- lay wounded in a valley in Northern Italy, bitions for them. lent in Europe, their faith and yours in the found his honor in service to that cause. It was a simple, and these days, all too rare America of our hearts, the last, best hope of Speaking of America, Bob could have been act of patriotism from a public servant who Earth. speaking of himself when he said that in war, cannot conceive of sacrificing his country’s America ‘‘found its mission. It was a mission interests for personal gain. SPEECH DELIVERED BY SENATOR BOB DOLE TO unique in human history and uniquely Amer- I have never been prouder of any man than THE INTERNATIONAL REPUBLICAN INSTITUTE, ican in its idealism: to influence without I was of Bob Dole on that day when he re- SEPTEMBER 22, 1998 conquest and to hold democratic ideals in sa- minded me how great a love is love of coun- cred trust while many people waited in cap- try, and how richly God has blessed America Senator McCain, Friends, Ladies and Gen- tivity.’’ to spare us leaders, when we need them tlemen: It is a genuine honor to receive the The word ‘‘duty’’ was once as common to most, of courage and conscience. Freedom Award from the International Re- our political lexicon as the words Bob Dole has, through all the vicissitudes publican Institute. It is an honor to be recog- ‘‘soundbite’’ and ‘‘spin control’’ are today. and temptations of a long life in public serv- nized by the IRI and also to be in the com- We don’t hear it mentioned much anymore. ice, stayed true to his mission, the mission pany of previous recipients, such as Presi- Rarely do public office holders offer the he glimpsed in a long ago battle on a now dent Reagan and Colin Powell. pledge that we once expected of all public of- tranquil field in Italy. He has done his duty, The IRI has made promoting freedom ficials: to do their duty as God has given as God gave him light to see his duty. And he around the world its mission. In Latin Amer- them light to see it. has been a credit to America and American ica, Africa and Europe—in countries like Of course, we do have an abundance of ideals. Burma, Cambodia, Haiti, and Mexico. Bul- pledges in politics today. At times, we seem Bob’s hero has always been another Kan- garia, Romania and Belarus, South Africa to be practically drowning in them, and as san, Dwight David Eisenhower, and he took and Angola, the IRI has worked to promote another election approaches I’m sure we will as the model of faithful, honorable service freedom and in so doing, has made a real dif- hear them all more than once. But what we that exacting sense of duty that character- ference. Ask President Constantinescu how should hear more, what I believe every ized Eisenhower’s leadership in war and valuable IRI’s training was. The proof was in American wants to hear, is the most solemn peace. In all the voluminous archives of the stunning 1996 election results that fi- promise of all—the promise to put the coun- President Eisenhower’s papers, no single ar- nally put Romania on the road to democ- try’s interest before our self-interest. ticle expresses more perfectly his decency, racy. I think the American people are almost his courage, and his sense of personal respon- IRI’s mission is based on the recognition desperate to believe once again that their sibility to America than does the statement that there cannot be freedom without de- leaders conceive of their duty in no lesser he wrote on the night before the allied inva- mocracy, rule of law and free market eco- terms than that: to put the country and its sion of France. nomics. The IRI’s job is to turn the legacy of cause first, and to that end, to pledge, as our Prayerful that the invasion would succeed, communism and dictatorship into a future of Founding Fathers once memorably pledged, but prepared for it to fail, General Eisen- liberty and prosperity. This is a monu- our lives, our fortunes and our sacred honor. hower sat down, alone, to write a statement mentally important task. Bob Dole always construed his duty in that assigned the blame for the decision I would like to commend the IRI staff and those terms, believing that to do otherwise should D-Day prove the calamity many join in recognizing those staff that are here would not only ill-serve his country, but feared it would be. He assigned it to himself, from Nicaragua, Romania and South Africa. shame him personally. Not once, in his long and himself alone. The process of democratization is not an years of service, has Bob given this country ‘‘Our landings in the Cherbourge-Havre easy one—especially in countries like these any reason to doubt that he has always done area have failed to gain a satisfactory foot- which have a recent history of great strife, his duty, that he has always put his country hold and I have withdrawn the troops. My de- inequality and lack of liberty. Because of in- first. cision to attack at this time and place was dividuals like those recognized this evening Late in 1995, President Clinton decided to based upon the best information available. and because of organizations like IRI, there commit American troops to Bosnia in the The troops, the air and the Navy did all that is not only hope, but amazing progress— hope that they might keep the peace while bravery and devotion to duty could do. If any progress that would not have been imag- the principles of the Dayton Accords took blame or fault attends to the attempt, it is inable two decades ago. root in that sad country. The decision was mine alone.’’ Tonight, I would like to take a few min- not overwhelmingly popular in Congress, When, by the end of June 6, it became clear utes to talk about a matter which I believe even less so among many Republicans who that the allied forces had, against daunting is of great importance to America—and of di- worried that the mission was ill-defined, and odds, accomplished most of their initial ob- rect relevance to the critically important the problem too distant from American in- jectives, and the invasion had been a success, work of the IRI in fostering freedom. That is terests to justify risking American lives. I Eisenhower simply crumpled up the state- the situation in Kosovo. must admit that I, too, harbored strong ment and threw it into a waste basket. His Last Friday I met with President Clinton doubts, and still do about the mission. foresighted aide retrieved the paper and per- and National Security Adviser Berger to dis- Bob had his misgivings as well, although suaded the General to preserve it for pos- cuss this growing crisis. I told them what I he believed strongly, devoutly, that ren- terity so that Americans might someday witnessed and what I believed must be done. dering assistance to the victims of aggres- benefit from his example of patriotism and This is what I would like to share with you sion and unspeakable human atrocities wher- principled leadership. this evening.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10799 There is a war going on right now in Yes, with hundreds of thousands of dis- of terror. The United States had the oppor- Kosovo because the United States, for nearly placed persons and winter fast approaching, tunity to do so when Milosevic was shelling a decade, did not make liberty, democracy Kosovo is a humanitarian and human rights the ancient Croatian port city of Dubrovnik and free market economics the priority in catastrophe. However, the problem in Kosovo in 1991. It did not. The United States had the the former Yugoslavia. is not a humanitarian one. It is a political opportunity again when the citizens of Sara- If the United States had made its priority and military crisis, whose most visible symp- jevo first had to man the barricades of their in the former Yugoslavia democracy as op- toms are humanitarian. city in 1992. It did not. The United States posed to unity, if the United States had pro- And so, while more humanitarian aid is had its most significant opportunity to do so moted reform, instead of status quo, if the desperately needed, such assistance will not at Dayton and did not. Indeed, the Clinton United States had isolated dictator Slobodan solve the problem. And not solving the prob- Administration’s failure to address the sta- Milosevic, instead of embracing him, I be- lem means that stability in that entire re- tus of Kosovo at Dayton may be the single lieve we would not have seen three wars in gion—from Montenegro to Albania, Mac- greatest failure of the already badly-flawed the Balkans and would not now be wit- edonia and Greece—is dangerously threat- Dayton peace process. nessing the fourth—and perhaps the most ened. The United States and its NATO allies dangerous conflict there since 1991. America cannot wait three years, as it did must press urgently for a cease-fire and a si- Last week, I returned from a human rights in Bosnia, to deal effectively with this for- multaneous withdrawal of Serbian police and and fact-finding mission to Kosovo with the eign policy crisis. We cannot afford to wait military forces by a date certain. the KLA very able Assistant Secretary John three months—for humanitarian and geo-po- must also commit not to attack. NATO must Shattuck. I was last in Kosovo in 1990, when litical reasons. Tiny Montenegro has closed back this ultimatum with a plan to use the repression against the Kosovo Albanians its doors to fleeing Kosovars, burdened under major force immediately and effectively had just begun. The Kosovars had been the strain of thousands already seeking ref- against Serb military assets if all of the con- ditions laid out are not met. stripped of their political autonomy; the be- ugee there and by the struggle to distance ginning of an apartheid-like system was just Let me be clear, the only language itself from Milosevic. Albania is on the brink Milosevic understands is force. becoming apparent. Upon my return, I joined of anarchy. In the blink of an eye, violence the few voices warning the US State Depart- With a cease-fire and withdrawal of all could spread into Macedonia and tear that Serbian police and Yugoslavia Army forces, ment, Pentagon and White House that war fragile new democracy in two. would come to Yugoslavia. And, it did. First people can safely return to their homes and And what is the American policy response rebuild their lives with international assist- Slovenia, then Croatia and not long after, at this moment? Active participation in dip- Bosnia. ance. lomatic meetings that result in policy state- There would also be progress on the diplo- As terrible as the war in Bosnia proved to ments calling on Slobodan Milosevic to halt be, the war that both the Bush and Clinton matic front. Only if civilians are not under his attacks on Kosovo. In short, tough talk attack can Albanians and Serbian leaders en- administrations feared most was in Kosovo— and no action. where it seemed inevitable that conflict gage in genuine negotiations—on a level As in Bosnia, America is asking the vic- playing field—with the goal of achieving a would easily spread into neighboring coun- tims to negotiate with those who are attack- sustainable peace that is built on democratic tries, thus destabilizing the entire region. In ing them. As in Bosnia, there is a real at- institutions. Such a peace would guarantee 1992, President Bush warned Serbian leader tempt to impose a moral equivalence—this that instability would not spread into Mon- Slobodan Milosevic that the United States time between Serbian forces and the rag-tag tenegro, Macedonia or Albania. was prepared to use military force against band of Albanians, known as the KLA, who Let me also emphasize that a peace based Serb-instigated attacks in Kosovo. When he have taken up arms against them. As in Bos- on democratic principles and the creation of took office, President Clinton repeated this nia, the United States is not leading its al- democratic institutions would also serve to so-called ‘‘Christmas warning.’’ strengthen the position of the fledgling Now six years later, Milosevic is again on lies, but hiding behind their indecision. As in Bosnia, instead of firing up the engines, democratic opposition in Serbia—especially the warpath. Based on what I saw two weeks by depriving Milosevic of the opportunity to ago, there should be no doubt that Serbia is NATO is firing up excuses. The bottom line is that once again, West- distract Serb citizens from their deterio- engaged in major, systematic attacks on the ern diplomats are trying to avoid the dif- rating economy and near-pariah position in people and territory of Kosovo. Europe. Such a deal would provide signifi- Prior to my trip, I had seen some tele- ficult decisions and are desperate not to take cant momentum to the democratization vision reports of the suffering in Kosovo. on the person most responsible for the mis- process, momentum which the IRI could cap- These few images, however, were only a pale ery, suffering and instability not only in Ser- italize on by expanding its programs there. reflection of the widespread devastation of bia, but the region: Slobodan Milosevic. As my friend Jeane, who is here tonight, has In conclusion, let me emphasize that half- lives, property, and society. Many homes measures and interim deals will not do. The have been firebombed; we saw one home stated, Bosnia represents the single biggest foreign policy failure of the United States options are not easy, but that cannot be a ablaze only yards away from a Serb police justification for Bank-Aid diplomacy. Over checkpoint. Entire villages have been aban- since World War II. Are we ready to repeat that failure? the past eight years numerous opportunities doned. We encountered armed Serbian police have been wasted. American officials at the every couple of miles and twenty check- As the diplomats’ argument often goes, the situation on Kosovo is ‘‘complicated’’ and highest levels have publicly pledged not to points in just six hours. allow the crimes against humanity that we The Albanians we met—mostly women, NATO needs UN Security Council authoriza- tion to act. Both of these assertions are dead witnessed in Bosnia to be repeated in children and, the elderly ‘‘are living in fear Kosovo. From what I have seen first-hand, for their lives. They are afraid to go where wrong. First, the situation is not com- plicated. Indeed, it could not be clearer: This such crimes are already occurring—and the there are Serb police or other Serb armed ramifications will not be limited to the is a war against civilians, and we know who forces. And so, despite the near freezing tem- plight of the Kosovars. peratures at night, hundreds of thousands of is responsible: Slobodan Milosevic. Second, Freedom and liberty—the principles that Kosovar Albanians remain hiding in the NATO does not need and should not seek UN America stands for—are at stake. American hills—without adequate food, water or shel- Security Council resolution authorizing it to credibility and European stability are on the ter. Many thousands no longer have homes take action to respond to a crisis in Europe line. What is urgently needed now is Amer- to return to. The children, in particular, are that threatens stability in the region. All ican leadership and a firm commitment to a already showing signs of a vitamin deficient NATO needs is some leaderhsip—from the genuine and just peace in Kosovo. It is my diet; they have sores on their mouths and United States first and foremost, and then hope that President Clinton will do the right most have scabies or other skin ailments re- from Britain, France and Germany. thing and that there will be strong support— sulting from a lack of sufficient hygiene. Hu- Let us not forget that NATO’s credibility among Republicans and Democrats. Many of manitarian aid personnel are being harassed suffered in Bosnia when it acted as a subcon- you here tonight can play a role in forging and even attacked. These aid organizations tractor to the United Nations. Tying NATO broad bipartisan support for American re- do not enjoy freedom of access, nor can they to the UN now—with respect to Kosovo—will solve to end this conflict once and for all. repeat that mistake. And, this time it could bring in certain critical supplies because Mr. MCCAIN. Mr. President, Senator have an even more damaging effect on the Belgrade has placed an internal embargo on Dole spoke about the crisis in Kosovo. them. credibility and relevance of the Atlantic Al- During our visit, we also heard chilling liance. We all know that with the ongoing testimony from eyewitnesses to human When Secretary Shattuck and I met with scandal in our Nation’s Capital, many rights abuses and atrocities, including direct Milosevic two weeks ago, he did not act like of our important national security artillery attacks on civilians; seizures at gun a man cowering in fear of NATO action. In- issues are being ignored, whether it be point; and, as in Srebrenica in Bosnia, the stead, he acted like a man who had already Iraq or Korea or the Middle East peace separation of women and children from men. gotten away with murder and would be re- process. But Bob Dole focused the at- There may be some even in this audience warded for it. Milosevic denied any tention and riveted the attention of who may think this is a terrible humani- offensives were underway or being planned, tarian disaster, but why is it important to yet within 36 hours of our departure, a seri- the audience last night, as he did in a the United States? What does it have to do ous offensive was begun in the region of Pec. recent op-ed piece in the Washington with freedom and democracy and American The time is long overdue for the US to em- Post, on this terrible situation that ex- interests? brace a policy that will end Milosevic’s reign ists today and the impending terrible

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10800 CONGRESSIONAL RECORD — SENATE September 23, 1998 tragedies that will ensue in Kosovo will do anything to ensure that this re- SECTION 1. SHORT TITLE; TABLE OF SECTIONS. with the onset of winter. mains the case. (a) SHORT TITLE.—This Act may be cited as Bob Dole pointed out that literally Mr. President, for months the United the ‘‘Wendell H. Ford National Air Transpor- hundreds of thousands of people of Al- States and our allies have stood by and tation System Improvement Act of 1998’’. (b) TABLE OF SECTIONS.—The table of sections banian nationality are in the moun- watched one onslaught after another in for this Act is as follows: Kosovo, rendering enormous tragedies tains around Kosovo. These people will Sec. 1. Short title; table of sections. freeze to death, they will starve to in that land; and yet we just respond Sec. 2. Amendments to title 49, United States death, and they will die by the thou- with critical statements in the face of Code. sands and thousands if something isn’t Serb offenses. For months the United TITLE I—AUTHORIZATIONS States has told Milosevic that we will done and done quickly. Sec. 101. Federal Aviation Administration oper- Bob Dole’s speech and his commit- not let him get away with in Kosovo ations. ment on this issue should serve as a what he has done in Bosnia, but yet we Sec. 102. Air navigation facilities and equip- compelling call to this administration do nothing. We do nothing to stop his ment. to act—to act—on Kosovo in consulta- onslaught. For months, the United Sec. 103. Airport planning and development tion with the Congress of the United States has threatened the use of force and noise compatibility planning States and the American people. if Mr. Milosevic does not take nec- and programs. Six months ago, the Secretary of essary actions to withdraw his forces Sec. 104. Reprogramming notification require- ment. State of the United States of America from Kosovo and to begin a serious Sec. 105. Airport security program. stated we will not allow the Serbs to do process of negotiation. Sec. 106. Contract tower program. I am saddened to say the other day a in Kosovo what we have prevented TITLE II—AIRPORT IMPROVEMENT them from doing in Bosnia, and exactly reporter just outside this Chamber PROGRAM AMENDMENTS what we prevented in Bosnia is taking asked me if we were doing nothing as a Sec. 201. Removal of the cap on discretionary place in Kosovo at the cost of possibly country in the face of this holocaust fund. hundreds of thousands of innocent because of the President’s internal dif- Sec. 202. Innovative use of airport grant funds. lives. ficulties, because of his unwillingness Sec. 203. Matching share. I urge all of my colleagues to read to wag the dog, if you will. I cannot Sec. 204. Increase in apportionment for noise the speech that Bob Dole delivered last think of anything more indicative of compatibility planning and pro- grams. night, which has already been printed why we need to make sure our Com- mander in Chief can respond, to have a Sec. 205. Technical amendments. in the RECORD. Read it and take heed, Sec. 206. Repeal of period of applicability. because I know of no one who has the Commander in Chief that can respond Sec. 207. Report on efforts to implement capac- credentials that Bob Dole has to speak with the integrity of his office. And ity enhancements. on not only all issues of national secu- here we sit paralyzed in the face of un- Sec. 208. Prioritization of discretionary projects. rity but particularly this issue because folding, unspeakable tragedy. Sec. 209. Public notice before grant assurance of his deep and profound and prolonged I am here to say one thing to Mr. requirement waived. Milosevic: Our patience in the U.S. Sec. 210. Definition of public aircraft. involvement, and now very emotional Sec. 211. Terminal development costs. involvement, in this issue. Senate is running out. I join the Sen- ator from Arizona, and many others, in TITLE III—AMENDMENTS TO AVIATION Mr. SMITH of Oregon. Mr. President, LAW I was inspired to come to the floor to saying time has run out and that I will Sec. 301. Severable services contracts for periods respond and to support the words of my support vigorous and, if necessary, uni- lateral use of force against Serbian in- crossing fiscal years. friend from Arizona as he spoke very Sec. 302. Foreign carriers eligible for waiver eloquently and emotionally about the stallations in Kosovo and in Serbia under Airport Noise and Capacity plight of the people of Kosovo. Growing proper. It is time for American leader- Act. up as a little boy, I have to tell you, I ship in Kosovo. It is unfortunate that Sec. 303. Government and industry consortia. saw, with all Americans, reports and we have thus far not seen evidence of Sec. 304. Implementation of Article 83 Bis of the film footage from the Second World this from the Clinton administration. Chicago Convention. Sec. 305. Foreign aviation services authority. War where we saw a holocaust carried If it is up to Congress to provide the leadership, so be it. I welcome Senator Sec. 306. Flexibility to perform criminal history out in a previous decade. And I reacted record checks; technical amend- MCCAIN’s call for action. I understand with horror at things that I saw that ments to Pilot Records Improve- humankind could do to one another. the former majority leader, Bob Dole, ment Act. It just seemed to me, at a young age, has made the same call. And I join Sec. 307. Aviation insurance program amend- that if we had the ability to stop holo- them today in support of America ments. causts in our time that we should. I doing something unilaterally, if nec- Sec. 308. Technical corrections to civil penalty know we cannot be the policemen of essary, to take action to stop this trag- provisions. the world, but I am here to tell you we edy, this unfolding holocaust. TITLE IV—TITLE 49 TECHNICAL are right now in Bosnia. We supported Thank you, Mr. President. I yield the CORRECTIONS our President. And we are maintaining floor. Sec. 401. Restatement of 49 U.S.C. 106(g). Mr. McCAIN. Madam President, I Sec. 402. Restatement of 49 U.S.C. 44909. peace in Bosnia. But right next door we now ask for the regular order. Sec. 403. Typographical errors. are witnessing a holocaust unfold be- TITLE V—MISCELLANEOUS fore our eyes, and we apparently are f paralyzed in our efforts to respond. Sec. 501. Oversight of FAA response to year WENDELL H. FORD NATIONAL AIR 2000 problem. Winter is coming, and tens of thou- TRANSPORTATION SYSTEM IM- Sec. 502. Cargo collision avoidance systems sands of Kosovar Albanians are in the PROVEMENT ACT OF 1998 deadline. hills and will soon die if something is The PRESIDING OFFICER (Ms. COL- Sec. 503. Runway safety areas. not done to ensure their rights, to en- LINS). Under the previous agreement, Sec. 504. Airplane emergency locators. sure their safety, and to stop the blood- Sec. 505. Counterfeit aircraft parts. the clerk will now report the pending Sec. 506. FAA may fine unruly passengers. shed. bill, S. 2279. Mr. President, I want to suggest that Sec. 507. Higher international standards for The bill clerk read as follows: handicapped access. one person is solely and directly re- A bill (S. 2279) to amend title 49, United Sec. 508. Conveyances of United States Govern- sponsible for the catastrophe unfolding States Code, to authorize the programs of ment land. before our eyes, and that is President the Federal Aviation Administration for fis- Sec. 509. Flight operations quality assurance Milosevic of Serbia. He has indicated cal years 1999, 2000, 2001, and 2002, and for rules. no willingness to negotiate a solution other purposes. Sec. 510. Wide area augmentation system. that will allow the Kosovar Albanians The Senate proceeded to consider the Sec. 511. Regulation of Alaska air guides. to exercise their legitimate political bill, which had been reported from the Sec. 512. Application of FAA regulations. Sec. 513. Human factors program. rights. He is interested in one thing Committee on Commerce, Science, and Sec. 514. Independent validation of FAA costs and one thing only—the consolidating Transportation, with an amendment to and allocations. and maintaining of his power on that strike all after the enacting clause and Sec. 515. Whistleblower protection for FAA em- country and region. And he apparently inserting in lieu thereof the following: ployees.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 4624 Sfmt 6343 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10801 Sec. 516. Report on modernization of oceanic ‘‘(1) for fiscal year 1999— request from an eligible sponsor for a grant to ATC system. ‘‘(A) $222,800,000 for engineering, develop- undertake a project that— Sec. 517. Report on air transportation oversight ment, test, and evaluation: en route programs; ‘‘(1) evaluates and tests the benefits of inno- system. ‘‘(B) $74,700,000 for engineering, development, vative airport security systems or related tech- Sec. 518. Recycling of EIS. test, and evaluation: terminal programs; nology, including explosives detection systems, Sec. 519. Protection of employees providing air ‘‘(C) $108,000,000 for engineering, develop- for the purpose of improving airport and air- safety information. ment, test, and evaluation: landing and naviga- craft physical security and access control; and TITLE VI—AVIATION COMPETITION tional aids; ‘‘(2) provides testing and evaluation of airport PROMOTION ‘‘(D) $17,790,000 for engineering, development, security systems and technology in an oper- Sec. 601. Purpose. test, and evaluation: research, test, and evalua- ational, test bed environment. Sec. 602. Establishment of small community tion equipment and facilities programs; ‘‘(c) MATCHING SHARE.—Notwithstanding sec- aviation development program. ‘‘(E) $391,358,300 for air traffic control facili- tion 47109, the United States Government’s Sec. 603. Community-carrier air service pro- ties and equipment: en route programs; share of allowable project costs for a project gram. ‘‘(F) $492,315,500 for air traffic control facili- under this section is 100 percent. Sec. 604. Authorization of appropriations. ties and equipment: terminal programs; ‘‘(d) TERMS AND CONDITIONS.—The Secretary Sec. 605. Marketing practices. ‘‘(G) $38,764,400 for air traffic control facilities may establish such terms and conditions as the Sec. 606. Slot exemptions for nonstop regional and equipment: flight services programs; Secretary determines appropriate for carrying jet service. ‘‘(H) $50,500,000 for air traffic control facilities out a project under this section, including terms Sec. 607. Secretary shall grant exemptions to and equipment: other ATC facilities programs; and conditions relating to the form and content perimeter rule. ‘‘(I) $162,400,000 for non-ATC facilities and of a proposal for a project, project assurances, Sec. 608. Additional slots at Chicago’s O’Hare equipment programs; and schedule of payments. ‘‘(J) $14,500,000 for training and equipment fa- Airport. ‘‘(e) ELIGIBLE SPONSOR DEFINED.—In this sec- cilities programs; Sec. 609. Consumer notification of e-ticket expi- tion, the term ‘eligible sponsor’ means a non- ‘‘(K) $280,800,000 for mission support pro- ration dates. profit corporation composed of a consortium of grams; Sec. 610. Joint venture agreements. public and private persons, including a sponsor ‘‘(L) $235,210,000 for personnel and related ex- Sec. 611. Regional air service incentive options. of a primary airport, with the necessary engi- penses; Sec. 612. GAO study of rural air transportation neering and technical expertise to successfully needs. ‘‘(2) $2,189,000,000 for fiscal year 2000; ‘‘(3) $2,250,000,000 for fiscal year 2001; and conduct the testing and evaluation of airport TITLE VII—NATIONAL PARK OVERFLIGHTS ‘‘(4) $2,313,000,000 for fiscal year 2002.’’. and aircraft related security systems. Sec. 701. Findings. (b) CONTINUATION OF ILS INVENTORY PRO- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—Of Sec. 702. Air tour management plans for na- GRAM.—Section 44502(a)(4)(B) is amended— the amounts made available to the Secretary tional parks. (1) by striking ‘‘fiscal years 1995 and 1996’’ under section 47115 in a fiscal year, the Sec- Sec. 703. Advisory group. and inserting ‘‘fiscal years 1999, 2000, 2001, and retary shall make available not less than Sec. 704. Overflight fee report. 2002’’; and $5,000,000 for the purpose of carrying out this TITLE VIII—AVIATION TRUST FUND (2) by striking ‘‘acquisition,’’ and inserting section.’’. AMENDMENTS ‘‘acquisition under new or existing contracts,’’. (b) CONFORMING AMENDMENT.—The analysis Sec. 801. Amendments to the Airport and Air- (c) LIFE-CYCLE COST ESTIMATES.—The Admin- for subchapter I of such chapter (as amended by way Trust Fund. istrator of the Federal Aviation Administration section 202(b) of this Act) is amended by adding at the end the following: SEC. 2. AMENDMENTS TO TITLE 49, UNITED shall establish life-cycle cost estimates for any STATES CODE. air traffic control modernization project the ‘‘47136. Airport security program.’’. Except as otherwise expressly provided, when- total life-cycle costs of which equal or exceed SEC. 106. CONTRACT TOWER PROGRAM. ever in this Act an amendment or repeal is ex- $50,000,000. There are authorized to be appropriated to the pressed in terms of an amendment to, or a repeal SEC. 103. AIRPORT PLANNING AND DEVELOP- Secretary of Transportation such sums as may of, a section or other provision, the reference MENT AND NOISE COMPATIBILITY be necessary to carry out the Federal Contract shall be considered to be made to a section or PLANNING AND PROGRAMS. Tower Program under title 49, United States other provision of title 49, United States Code. (a) EXTENSION AND AUTHORIZATION.—Section Code. 48103 is amended by— TITLE I—AUTHORIZATIONS (1) striking ‘‘September 30, 1996,’’ and insert- TITLE II—AIRPORT IMPROVEMENT SEC. 101. FEDERAL AVIATION ADMINISTRATION ing ‘‘September 30, 1998,’’; and PROGRAM AMENDMENTS OPERATIONS. (2) striking ‘‘$2,280,000,000 for fiscal years SEC. 201. REMOVAL OF THE CAP ON DISCRE- Section 106(k) is amended to read as follows: ending before October 1, 1997, and $4,627,000,000 TIONARY FUND. ‘‘(k) AUTHORIZATION OF APPROPRIATIONS FOR for fiscal years ending before October 1, 1998.’’ Section 47115(g) is amended by striking para- OPERATIONS.— and inserting ‘‘$2,410,000,000 for fiscal years graph (4). ‘‘(1) IN GENERAL.—There are authorized to be ending before October 1, 1999, $4,885,000,000 for SEC. 202. INNOVATIVE USE OF AIRPORT GRANT appropriated to the Secretary of Transportation fiscal years ending before October 1, 2000, FUNDS. for operations of the Administration $7,427,000,000 for fiscal years ending before Oc- (a) CODIFICATION AND IMPROVEMENT OF 1996 $5,631,000,000 for fiscal year 1999, $5,784,000,000 tober 1, 2001, and $10,038,000,000 for fiscal years PROGRAM.—Subchapter I of chapter 471 is for fiscal year 2000, $5,946,000,000 for fiscal year ending before October 1, 2002.’’. amended by adding at the end thereof the fol- 2001, and $6,112,000,000 for fiscal year 2002. Of (b) PROJECT GRANT AUTHORITY.—Section lowing: the amounts authorized to be appropriated for 47104(c) is amended by striking ‘‘1998,’’ and in- ‘‘§ 47135. Innovative financing techniques fiscal year 1999, not more than $9,100,000 shall serting ‘‘2002,’’. be used to support air safety efforts through ‘‘(a) IN GENERAL.—The Secretary of Transpor- SEC. 104. REPROGRAMMING NOTIFICATION RE- payment of United States membership obliga- QUIREMENT. tation is authorized to carry out a demonstra- tions, to be paid as soon as practicable. Before reprogramming any amounts appro- tion program under which the Secretary may ‘‘(2) AUTHORIZED EXPENDITURES.—Of the priated under section 106(k), 48101(a), or 48103 approve applications under this subchapter for amounts appropriated under paragraph (1) of title 49, United States Code, for which notifi- not more than 20 projects for which grants re- $450,000 may be used for wildlife hazard mitiga- cation of the Committees on Appropriations of ceived under the subchapter may be used to im- tion measures and management of the wildlife the Senate and the House of Representatives is plement innovative financing techniques. URPOSE.—The purpose of the dem- strike database of the Federal Aviation Adminis- required, the Secretary of Transportation shall ‘‘(b) P onstration program shall be to provide informa- tration. submit a written explanation of the proposed re- NIVERSITY CONSORTIUM tion on the use of innovative financing tech- ‘‘(3) U .—There are au- programming to the Committee on Commerce, niques for airport development projects. thorized to be appropriated not more than Science, and Transportation of the Senate and ‘‘(c) LIMITATION—In no case shall the imple- $9,100,000 for the 3 fiscal year period beginning the Committee on Transportation and Infra- mentation of an innovative financing technique with fiscal year 1999 to support a university structure of the House of Representatives. consortium established to provide an air safety under the demonstration program result in a di- and security management certificate program, SEC. 105. AIRPORT SECURITY PROGRAM. rect or indirect guarantee of any airport debt in- working cooperatively with the Federal Aviation (a) IN GENERAL.—Chapter 471 (as amended by strument by the United States Government. section 202(a) of this Act) is amended by adding Administration and United States air carriers. ‘‘(d) INNOVATIVE FINANCING TECHNIQUE DE- the following new section: Funds authorized under this paragraph— FINED.—In this section, the term ‘innovative fi- ‘‘(A) may not be used for the construction of ‘‘§ 47136. Airport security program nancing technique’ includes methods of financ- a building or other facility; and ‘‘(a) GENERAL AUTHORITY.—To improve secu- ing projects that the Secretary determines may ‘‘(B) shall be awarded on the basis of open rity at public airports in the United States, the be beneficial to airport development, including— competition.’’. Secretary of Transportation shall carry out not ‘‘(1) payment of interest; SEC. 102. AIR NAVIGATION FACILITIES AND less than 1 project to test and evaluate innova- ‘‘(2) commercial bond insurance and other EQUIPMENT. tive airport security systems and related tech- credit enhancement associated with airport (a) IN GENERAL.—Section 48101(a) is amended nology. bonds for eligible airport development; and by striking paragraphs (1) and (2) and inserting ‘‘(b) PRIORITY.—In carrying out this section, ‘‘(3) flexible non-Federal matching require- the following: the Secretary shall give the highest priority to a ments.’’.

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(b) CONFORMING AMENDMENT.—The chapter (h) PASSENGER FACILITY FEE WAIVER FOR runways of 5,000 feet or shorter serving aircraft analysis for chapter 471 is amended by inserting CERTAIN CLASS OF CARRIERS.—Section that do not exceed 60,000 pounds gross weight, after the item relating to section 47134 the fol- 40117(e)(2) is amended— if the Secretary determines that— lowing: (1) by striking ‘‘and’’ after the semicolon in ‘‘(A) safety will not be negatively affected; ‘‘47135. Innovative financing techniques.’’. subparagraph (B); and ‘‘(B) the life of the pavement will not be short- SEC. 203. MATCHING SHARE. (2) by striking ‘‘payment.’’ in subparagraph er than it would be if constructed using Admin- Section 47109(a)(2) is amended by inserting (C) and inserting ‘‘payment; and’’; and istration standards. ‘‘not more than’’ before ‘‘90 percent’’. (3) by adding at the end thereof the following: ‘‘(D) in Alaska aboard an aircraft having a An airport may not seek funds under this sub- SEC. 204. INCREASE IN APPORTIONMENT FOR NOISE COMPATIBILITY PLANNING seating capacity of less than 20 passengers.’’. chapter for runway rehabilitation or reconstruc- AND PROGRAMS. (i) PASSENGER FACILITY FEE WAIVER FOR CER- tion of any such airfield pavement constructed Section 47117(e)(1)(A) is amended by striking TAIN CLASS OF CARRIERS OR FOR SERVICE TO using State highway specifications for a period ‘‘31’’ each time it appears and substituting ‘‘35’’. AIRPORTS IN ISOLATED COMMUNITIES.—Section of 10 years after construction is completed.’’. 40117(i) is amended— SEC. 205. TECHNICAL AMENDMENTS. SEC. 206. REPEAL OF PERIOD OF APPLICABILITY. (1) by striking ‘‘and’’ at the end of paragraph (a) USE OF APPORTIONMENTS FOR ALASKA, Section 125 of the Federal Aviation Reauthor- (1); PUERTO RICO, AND HAWAII.—Section 47114(d)(3) ization Act of 1996 (49 U.S.C. 47114 note) is re- (2) by striking ‘‘transportation.’’ in paragraph is amended to read as follows: pealed. (2)(D) and inserting ‘‘transportation; and’’; and ‘‘(3) An amount apportioned under paragraph SEC. 207. REPORT ON EFFORTS TO IMPLEMENT (3) by adding at the end thereof the following: (2) of this subsection for airports in Alaska, Ha- CAPACITY ENHANCEMENTS. ‘‘(3) may permit a public agency to request waii, or Puerto Rico may be made available by Within 9 months after the date of enactment that collection of a passenger facility fee be the Secretary for any public airport in those re- of this Act, the Secretary of Transportation waived for— spective jurisdictions.’’. shall report to the Committee on Commerce, ‘‘(A) passengers enplaned by any class of air (b) SUPPLEMENTAL APPORTIONMENT FOR ALAS- Science, and Transportation of the Senate and carrier or foreign air carrier if the number of KA.—Section 47114(e) is amended— the Committee on Transportation and Infra- (1) by striking ‘‘ALTERNATIVE’’ in the sub- passengers enplaned by the carriers in the class structure of the House of Representatives on ef- section caption and inserting ‘‘SUPPLEMENTAL’’; constitutes not more than one percent of the forts by the Federal Aviation Administration to (2) in paragraph (1) by— total number of passengers enplaned annually implement capacity enhancements and improve- (A) striking ‘‘Instead of apportioning amounts at the airport at which the fee is imposed; or ments, such as precision runway monitoring for airports in Alaska under’’ and inserting ‘‘(B) passengers enplaned on a flight to an systems and the time frame for implementation ‘‘Notwithstanding’’; and airport— of such enhancements and improvements. ‘‘(i) that has fewer than 2,500 passenger (B) striking ‘‘those airports’’ and inserting SEC. 208. PRIORITIZATION OF DISCRETIONARY ‘‘airports in Alaska’’; and boardings each year and receives scheduled pas- PROJECTS. (3) striking paragraph (3) and inserting the senger service; or Section 47120 is amended by— following: ‘‘(ii) in a community which has a population (1) inserting ‘‘(a) IN GENERAL.—’’ before ‘‘In’’; ‘‘(3) An amount apportioned under this sub- of less than 10,000 and is not connected by a and section may be used for any public airport in land highway or vehicular way to the land-con- (2) adding at the end thereof the following: Alaska.’’. nected National Highway System within a ‘‘(b) DISCRETIONARY FUNDING TO BE USED (c) REPEAL OF APPORTIONMENT LIMITATION ON State.’’. FOR HIGHER PRIORITY PROJECTS.—The Adminis- COMMERCIAL SERVICE AIRPORTS IN ALASKA.— (j) USE OF THE WORD ‘‘GIFT’’ AND PRIORITY trator of the Federal Aviation Administration Section 47117 is amended by striking subsection FOR AIRPORTS IN SURPLUS PROPERTY DIS- shall discourage airport sponsors and airports (f) and redesignating subsections (g) and (h) as POSAL.— from using entitlement funds for lower priority subsections (f) and (g), respectively. (1) Section 47151 is amended— projects by giving lower priority to discretionary (d) DISCRETIONARY FUND DEFINITION.— (A) by striking ‘‘give’’ in subsection (a) and projects submitted by airport sponsors and air- (1) Section 47115 is amended— inserting ‘‘convey to’’; ports that have used entitlement funds for (A) by striking ‘‘25’’ in subsection (a) and in- (B) by striking ‘‘gift’’ in subsection (a)(2) and projects that have a lower priority than the serting ‘‘12.5’’; and inserting ‘‘conveyance’’; projects for which discretionary funds are being (B) by striking the second sentence in sub- (C) by striking ‘‘giving’’ in subsection (b) and requested.’’. section (b). inserting ‘‘conveying’’; SEC. 209. PUBLIC NOTICE BEFORE GRANT ASSUR- (2) Section 47116 is amended— (D) by striking ‘‘gift’’ in subsection (b) and in- ANCE REQUIREMENT WAIVED. (A) by striking ‘‘75’’ in subsection (a) and in- serting ‘‘conveyance’’; and Notwithstanding any other provision of law to serting ‘‘87.5’’; (E) by adding at the end thereof the fol- the contrary, the Secretary of Transportation (B) by redesignating paragraphs (1) and (2) in lowing: may not waive any assurance required under subsection (b) as subparagraphs (A) and (B), re- ‘‘(d) PRIORITY FOR PUBLIC AIRPORTS.—Except section 47107 of title 49, United States Code, that spectively, and inserting before subparagraph for requests from another Federal agency, a de- requires property to be used for aeronautical (A), as so redesignated, the following: partment, agency, or instrumentality of the Ex- purposes unless the Secretary provides notice to ‘‘(1) one-seventh for grants for projects at ecutive Branch of the United States Government the public not less than 30 days before issuing small hub airports (as defined in section 41731 of shall give priority to a request by a public agen- any such waiver. Nothing in this section shall this title); and cy (as defined in section 47102 of this title) for be construed to authorize the Secretary to issue ‘‘(2) the remaining amounts based on the fol- surplus property described in subsection (a) of a waiver of any assurance required under that lowing:’’. this section for use at a public airport.’’. section. (e) CONTINUATION OF PROJECT FUNDING.—Sec- (2) Section 47152 is amended— SEC. 210. DEFINITION OF PUBLIC AIRCRAFT. tion 47108 is amended by adding at the end (A) by striking ‘‘gifts’’ in the section caption thereof the following: Section 40102(a)(37)(B)(ii) is amended— and inserting ‘‘conveyances’’; and (1) by striking ‘‘or’’ at the end of subclause ‘‘(e) CHANGE IN AIRPORT STATUS.—If the sta- (B) by striking ‘‘gift’’ in the first sentence and tus of a primary airport changes to a non-pri- (I); inserting ‘‘conveyance’’. (2) by striking the ‘‘States.’’ in subclause (II) mary airport at a time when a development (3) The chapter analysis for subchapter 471 is and inserting ‘‘States; or’’; and project under a multiyear agreement under sub- amended by striking the item relating to section (3) by adding at the end thereof the following: section (a) is not yet completed, the project shall 47152 and inserting the following: ‘‘(III) transporting persons aboard the air- remain eligible for funding from discretionary ‘‘47152. Terms of conveyances.’’. craft if the aircraft is operated for the purpose funds under section 47115 of this title at the of prisoner transport.’’. funding level and under the terms provided by (4) Section 47153(a) is amended— the agreement, subject to the availability of (A) by striking ‘‘gift’’ in paragraph (1) and in- SEC. 211. TERMINAL DEVELOPMENT COSTS. Section 40117 is amended by adding at the end funds.’’. serting ‘‘conveyance’’; thereof the following: (f) GRANT ELIGIBILITY FOR PRIVATE RELIEVER (B) by striking ‘‘given’’ in paragraph (1)(A) ‘‘(j) SHELL OF TERMINAL BUILDING.—In order AIRPORTS.—Section 47102(17)(B) is amended and inserting ‘‘conveyed’’; and to enable additional air service by an air carrier by— (C) by striking ‘‘gift’’ in paragraph (1)(B) and (1) striking ‘‘or’’ at the end of clause (i) and inserting ‘‘conveyance’’. with less than 50 percent of the scheduled pas- redesignating clause (ii) as clause (iii); and (k) APPORTIONMENT FOR CARGO ONLY AIR- senger traffic at an airport, the Secretary may (2) inserting after clause (i) the following: PORTS.—Section 47114(c)(2)(A) is amended by consider the shell of a terminal building (includ- ‘‘(ii) a privately-owned airport that, as a re- striking ‘‘2.5 percent’’ and inserting ‘‘3 per- ing heating, ventilation, and air conditioning) liever airport, received Federal aid for airport cent’’. to be an eligible airport-related project under development prior to October 9, 1996, but only if (l) FLEXIBILITY IN PAVEMENT DESIGN STAND- subsection (a)(3)(E).’’. the Administrator issues revised administrative ARDS.—Section 47114(d) is amended by adding at TITLE III—AMENDMENTS TO AVIATION guidance after July 1, 1998, for the designation the end thereof the following: LAW of reliever airports; or’’. ‘‘(4) The Secretary may permit the use of State SEC. 301. SEVERABLE SERVICES CONTRACTS FOR (g) RELIEVER AIRPORTS NOT ELIGIBLE FOR highway specifications for airfield pavement PERIODS CROSSING FISCAL YEARS. LETTERS OF INTENT.—Section 47110(e)(1) is construction using funds made available under (a) Chapter 401 is amended by adding at the amended by striking ‘‘or reliever’’. this subsection at non-primary airports with end thereof the following:

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10803 ‘‘§ 40125. Severable services contracts for peri- the United States as described in subparagraph (2) by resetting the remainder of the sub- ods crossing fiscal years (B) of that paragraph. section as a new paragraph and inserting ‘‘(2)’’ ‘‘(a) IN GENERAL.—The Administrator of the ‘‘(4) The Administrator may, in the agreement before ‘‘A civil action’’. Federal Aviation Administration may enter into under paragraph (1), predicate the transfer of (b) EXTENSION OF AVIATION INSURANCE PRO- a contract for procurement of severable services these functions and duties on any conditions GRAM.—Section 44310 is amended by striking for a period that begins in one fiscal year and the Administrator deems necessary and pru- ‘‘1998.’’ and inserting ‘‘2003.’’. ends in the next fiscal year if (without regard to dent.’’. SEC. 308. TECHNICAL CORRECTIONS TO CIVIL any option to extend the period of the contract) SEC. 305. FOREIGN AVIATION SERVICES AUTHOR- PENALTY PROVISIONS. the contract period does not exceed one year. ITY. Section 46301 is amended— ‘‘(b) OBLIGATION OF FUNDS.—Funds made (a) RECIPROCAL WAIVER OF OVERFLIGHT (1) by striking ‘‘46302, 46303, or’’ in subsection available for a fiscal year may be obligated for FEES.—Section 45301(a)(1) is amended to read as (a)(1)(A); the total amount of a contract entered into follows: (2) by striking ‘‘individual’’ the first time it under the authority of subsection (a) of this sec- ‘‘(1) Air traffic control and related services appears in subsection (d)(7)(A) and inserting tion.’’. provided to aircraft that neither take off from, ‘‘person’’; and nor land in, the United States, other than mili- (b) CONFORMING AMENDMENT.—The chapter (3) by inserting ‘‘or the Administrator’’ in sub- analysis for chapter 401 is amended by adding tary and civilian aircraft of the United States section (g) after ‘‘Secretary’’. Government or of a foreign government, except at the end thereof the following: TITLE IV—TITLE 49 TECHNICAL that such fees shall not be imposed on over- CORRECTIONS ‘‘40125. Severable services contracts for periods flights that take off and land in a country con- crossing fiscal years.’’. tiguous to the United States if— SEC. 401. RESTATEMENT OF 49 U.S.C. 106(g). SEC. 302. FOREIGN CARRIERS ELIGIBLE FOR ‘‘(A) both the origin and destination of such (a) IN GENERAL.—Section 106(g) is amended by WAIVER UNDER AIRPORT NOISE AND flights are within that other country; striking ‘‘40113(a), (c), and (d), 40114(a), 40119, CAPACITY ACT. ‘‘(B) that country exempts similar categories 44501(a) and (c), 44502(a)(1), (b) and (c), 44504, The first sentence of section 47528(b)(1) is of flights operated by citizens of the United 44505, 44507, 44508, 44511–44513, 44701–44716, amended by inserting ‘‘or foreign air carrier’’ States from such fees; and 44718(c), 44721(a), 44901, 44902, 44903(a)–(c) and after ‘‘air carrier’’ the first place it appears and ‘‘(C) that country exchanges responsibility for (e), 44906, 44912, 44935–44937, and 44938(a) and after ‘‘carrier’’ the first place it appears. air traffic control services with the United (b), chapter 451, sections 45302–45304,’’ and in- SEC. 303. GOVERNMENT AND INDUSTRY CON- States.’’. serting ‘‘40113(a), (c)–(e), 40114(a), and 40119, SORTIA. (b) TECHNICAL CORRECTIONS.—Section 45301 is and chapter 445 (except sections 44501(b), Section 44903 is amended by adding at the end amended— 44502(a)(2)–(4), 44503, 44506, 44509, 44510, 44514, thereof the following: (1) by striking ‘‘government.’’ in subsection and 44515), chapter 447 (except sections 44717, ‘‘(f) GOVERNMENT AND INDUSTRY CON- (a)(2) and inserting ‘‘government or to any enti- 44718(a) and (b), 44719, 44720, 44721(b), 44722, SORTIA.—The Administrator may establish at ty obtaining services outside the United and 44723), chapter 449 (except sections 44903(d), airports such consortia of government and avia- States.’’; 44904, 44905, 44907–44911, 44913, 44915, and tion industry representatives as the Adminis- (2) by striking ‘‘directly’’ in subsection 44931–44934), chapter 451, chapter 453, sections’’. trator may designate to provide advice on mat- (b)(1)(B); and (b) TECHNICAL CORRECTION.—The amendment ters related to aviation security and safety. (3) by striking ‘‘rendered.’’ in subsection made by this section may not be construed as Such consortia shall not be considered federal (b)(1)(B) and inserting ‘‘rendered, including making a substantive change in the language advisory committees for purposes of the Federal value to the recipient and both direct and indi- replaced. rect costs of overflight-related services, as deter- Advisory Committee Act (5 U.S.C. App.).’’. SEC. 402. RESTATEMENT OF 49 U.S.C. 44909. mined by the Administrator, using generally ac- SEC. 304. IMPLEMENTATION OF ARTICLE 83 BIS Section 44909(a)(2) is amended by striking cepted accounting principles and internation- OF THE CHICAGO CONVENTION. ‘‘shall’’ and inserting ‘‘should’’. ally accepted principles of setting fees for over- Section 44701 is amended— SEC. 403. TYPOGRAPHICAL ERRORS. (1) by redesignating subsection (e) as sub- flight-related services.’’. (a) SECTION 15904.— Section 15904(c)(1) is section (f); and SEC. 306. FLEXIBILITY TO PERFORM CRIMINAL amended by inserting ‘‘section’’ before (2) by inserting after subsection (d) the fol- HISTORY RECORD CHECKS; TECH- ‘‘15901(b)’’. lowing: NICAL AMENDMENTS TO PILOT RECORDS IMPROVEMENT ACT. (b) CHAPTER 491.—Chapter 491 is amended— ‘‘(e) BILATERAL EXCHANGES OF SAFETY OVER- Section 44936 is amended— (1) by striking ‘‘1996’’ in section 49106(b)(1)(F) SIGHT RESPONSIBILITIES.— (1) by striking ‘‘subparagraph (C))’’ in sub- and inserting ‘‘1986’’; ‘‘(1) Notwithstanding the provisions of this section (a)(1)(B) and inserting ‘‘subparagraph (2) by striking ‘‘by the board’’ in section chapter, and pursuant to Article 83 bis of the (C), or in the case of passenger, baggage, or 49106(c)(3) and inserting ‘‘to the board’’; Convention on International Civil Aviation, the property screening at airports, the Adminis- (3) by striking ‘‘subchapter II’’ in section Administrator may, by a bilateral agreement trator decides it is necessary to ensure air trans- 49107(b) and inserting ‘‘subchapter III’’; and with the aeronautical authorities of another portation security)’’; (4) by striking ‘‘retention of ’’ in section country, exchange with that country all or part (2) by striking ‘‘individual’’ in subsection 49111(b) and inserting ‘‘retention by’’. of their respective functions and duties with re- (f)(1)(B)(ii) and inserting ‘‘individual’s perform- (c) SCHEDULE OF REPEALED LAWS.—The spect to aircraft described in subparagraphs (A) ance as a pilot’’; and Schedule of Laws Repealed in section 5(b) of the and (B), under the following articles of the Con- (3) by inserting ‘‘or from a foreign government Act of November 20, 1997 (Public Law 105–102; vention: or entity that employed the individual,’’ in sub- 111 Stat. 2217), is amended by striking ‘‘1996’’ ‘‘(A) Article 12 (Rules of the Air). section (f)(14)(B) after ‘‘exists,’’. the first place it appears and inserting ‘‘1986’’. ‘‘(B) Article 31 (Certificates of Airworthiness). SEC. 307. AVIATION INSURANCE PROGRAM (d) AMENDMENTS EFFECTIVE ASOFEARLIER ‘‘(C) Article 32a (Licenses of Personnel). AMENDMENTS. DATE OF ENACTMENT.—The amendments made ‘‘(2) The agreement under paragraph (1) may (a) REIMBURSEMENT OF INSURED PARTY’S by subsections (a), (b), and (c) are effective as of apply to— SUBROGEE.—Subsection (a) of 44309 is amend- November 20, 1997. ‘‘(A) aircraft registered in the United States ed— (e) CORRECTION OF ERROR IN TECHNICAL COR- operated pursuant to an agreement for the (1) by striking the subsection caption and the RECTIONS ACT.—Effective October 11, 1996, sec- lease, charter, or interchange of the aircraft or first sentence, and inserting the following: tion 5(45)(A) of the Act of October 11, 1996 (Pub- any similar arrangement by an operator that ‘‘(a) LOSSES.— lic Law 104–287, 110 Stat. 3393), is amended by has its principal place of business or, if it has no ‘‘(1) A person may bring a civil action in a striking ‘‘ENFORCEMENT;’’ and inserting such place of business, its permanent residence district court of the United States or in the ‘‘ENFORCEMENT:’’. in another country; or United States Court of Federal Claims against TITLE V—MISCELLANEOUS ‘‘(B) aircraft registered in a foreign country the United States Government when— operated under an agreement for the lease, ‘‘(A) a loss insured under this chapter is in SEC. 501. OVERSIGHT OF FAA RESPONSE TO YEAR charter, or interchange of the aircraft or any dispute; or 2000 PROBLEM. similar arrangement by an operator that has its ‘‘(B)(i) the person is subrogated to the rights The Administrator of the Federal Aviation principal place of business or, if it has no such against the United States Government of a party Administration shall report to the Senate Com- place of business, its permanent residence in the insured under this chapter (other than under mittee on Commerce, Science, and Transpor- United States. subsection 44305(b) of this title), under a con- tation and the House Committee on Transpor- ‘‘(3) The Administrator relinquishes responsi- tract between the person and such insured tation and Infrastructure every 3 months, in bility with respect to the functions and duties party; and oral or written form, on electronic data proc- transferred by the Administrator as specified in ‘‘(ii) the person has paid to such insured essing problems associated with the year 2000 the bilateral agreement, under the Articles listed party, with the approval of the Secretary of within the Administration. in paragraph (1) of this subsection for United Transportation, an amount for a physical dam- SEC. 502. CARGO COLLISION AVOIDANCE SYS- States-registered aircraft transferred abroad as age loss that the Secretary of Transportation TEMS DEADLINE. described in subparagraph (A) of that para- has determined is a loss covered under insur- (a) IN GENERAL.—The Administrator of the graph, and accepts responsibility with respect to ance issued under this chapter (other than in- Federal Aviation Administration shall require the functions and duties under those Articles for surance issued under subsection 44305(b) of this by regulation that, not later than December 31, aircraft registered abroad that are transferred to title).’’; and 2002, collision avoidance equipment be installed

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10804 CONGRESSIONAL RECORD — SENATE September 23, 1998 on each cargo aircraft with a payload capacity flight crew or cabin crew of a civil aircraft, or notice of proposed rulemaking to develop proce- of 15,000 kilograms or more. who poses an imminent threat to the safety of dures to protect air carriers and their employees (b) EXTENSION.—The Administrator may ex- the aircraft or other individuals on the aircraft, from civil enforcement action under the program tend the deadline imposed by subsection (a) for is liable to the United States Government for a known as Flight Operations Quality Assurance. not more than 2 years if the Administrator finds civil penalty of not more than $10,000, which Not later than 1 year after the last day of the that the extension is needed to promote— shall be paid to the Federal Aviation Adminis- period for public comment provided for in the (1) a safe and orderly transition to the oper- tration and deposited in the account established notice of proposed rulemaking, the Adminis- ation of a fleet of cargo aircraft equipped with by section 45303(c). trator shall issue a final rule establishing those collision avoidance equipment; or ‘‘(b) COMPROMISE AND SETOFF.— procedures. (2) other safety or public interest objectives. ‘‘(1) The Secretary of Transportation or the SEC. 510. WIDE AREA AUGMENTATION SYSTEM. (c) COLLISION AVOIDANCE EQUIPMENT.—For Administrator may compromise the amount of a (a) PLAN.—The Administrator shall identify or purposes of this section, the term ‘‘collision civil penalty imposed under subsection (a). develop a plan to implement WAAS to provide ‘‘(2) The Government may deduct the amount avoidance equipment’’ means TCAS II equip- navigation and landing approach capabilities of a civil penalty imposed or compromised under ment (as defined by the Administrator), or any for civilian use and make a determination as to this section from amounts it owes the individual other similar system approved by the Adminis- whether a backup system is necessary. Until the liable for the penalty.’’. tration for collision avoidance purposes. Administrator determines that WAAS is the sole (b) CONFORMING CHANGE.—The chapter anal- SEC. 503. RUNWAY SAFETY AREAS. means of navigation, the Administration shall ysis for chapter 463 is amended by striking the Within 6 months after the date of enactment continue to develop and maintain a backup sys- item relating to section 46316 and inserting after of this Act, the Administrator of the Federal tem.’’. the item relating to section 46315 the following: Aviation Administration shall initiate rule- (b) REPORT.—Within 6 months after the date making to amend the regulations in part 139 of ‘‘46316. Interference with cabin or flight crew. of enactment of this Act, the Administrator title 14, Code of Federal Regulation— ‘‘46317. General criminal penalty when specific shall— (1) to improve runway safety areas; and penalty not provided.’’. (1) report to the Senate Committee on Com- (2) to require the installation of precision ap- SEC. 507. HIGHER INTERNATIONAL STANDARDS merce, Science, and Transportation and the proach path indicators. FOR HANDICAPPED ACCESS. House of Representatives Committee on Trans- SEC. 504. AIRPLANE EMERGENCY LOCATORS. The Secretary of Transportation shall work portation and Infrastructure, on the plan devel- (a) REQUIREMENT.—Section 44712(b) is amend- with appropriate international organizations oped under subsection (a); ed to read as follows: and the aviation authorities of other nations to (2) submit a timetable for implementing ‘‘(b) NONAPPLICATION.—Subsection (a) does bring about their establishment of higher stand- WAAS; and not apply to aircraft when used in— ards for accommodating handicapped pas- (3) make a determination as to whether WAAS ‘‘(1) flight operations related to the design sengers in air transportation, particularly with will ultimately become a primary or sole means and testing, manufacture, preparation, and de- respect to foreign air carriers that code-share of navigation and landing approach capabili- livery of aircraft; or with domestic air carriers. ties. ‘‘(2) the aerial application of a substance for SEC. 508. CONVEYANCES OF UNITED STATES GOV- (c) WAAS DEFINED.—For purposes of this sec- an agricultural purpose.’’. ERNMENT LAND. tion, the term ‘‘WAAS’’ means wide area aug- (b) EFFECTIVE DATE; REGULATIONS.— (a) IN GENERAL.—Section 47125(a) is amended mentation system. (1) REGULATIONS.—The Secretary of Transpor- to read as follows: (d) FUNDING AUTHORIZATION.—There are au- tation shall promulgate regulations under sec- ‘‘(a) CONVEYANCES TO PUBLIC AGENCIES.—Ex- thorized to be appropriated to the Secretary of tion 44712(b) of title 49, United States Code, as cept as provided in subsection (b) of this section, Transportation such sums as may be necessary amended by subsection (a) not later than Janu- the Secretary of Transportation— to carry out this subsection. ary 1, 2002. ‘‘(1) shall request the head of the department, SEC. 511. REGULATION OF ALASKA AIR GUIDES. (2) EFFECTIVE DATE.—The amendment made agency, or instrumentality owning or control- by subsection (a) shall take effect on January 1, ling land or airspace to convey a property inter- The Administrator shall reissue the notice to 2002. est in the land or airspace to the public agency operators originally published in the Federal Register on January 2, 1998, which advised SEC. 505. COUNTERFEIT AIRCRAFT PARTS. sponsoring the project or owning or controlling Alaska guide pilots of the applicability of part (a) DENIAL OF CERTIFICATE.—Section 44703 is the airport when necessary to carry out a 135 of title 14, Code of Federal Regulations, to amended by adding at the end thereof the fol- project under this subchapter at a public air- guide pilot operations. In reissuing the notice, lowing: port, to operate a public airport, or for the fu- the Administrator shall provide for not less than ‘‘(g) CERTIFICATE DENIED FOR DEALING IN ture development of an airport under the na- 60 days of public comment on the Federal Avia- COUNTERFEIT PARTS.—The Administrator may tional plan of integrated airport systems; and not issue a certificate to anyone convicted of a ‘‘(2) may request the head of such a depart- tion Administration action. If, notwithstanding violation of any Federal or State law relating to ment, agency, or instrumentality to convey a the public comments, the Administrator decides the installation, production, repair, or sale of a property interest in the land or airspace to a to proceed with the action, the Administrator counterfeit or falsely-represented aviation part public agency for a use that will complement, shall publish in the Federal Register a notice or material.’’. facilitate, or augment airport development, in- justifying the Administrator’s decision and pro- viding at least 90 days for compliance. (b) REVOCATION OF CERTIFICATE.—Section cluding the development of additional revenue 44710 is amended by adding at the end thereof from both aviation and nonaviation sources if SEC. 512. APPLICATION OF FAA REGULATIONS. the following: the Secretary— Section 40113 is amended by adding at the end ‘‘(g) REVOCATION FOR DEALING IN COUNTER- ‘‘(A) determines that the property is no longer thereof the following: FEIT PARTS.—The Administrator shall revoke a needed for aeronautical purposes; ‘‘(f) APPLICATION OF CERTAIN REGULATIONS certificate issued to anyone convicted of a viola- ‘‘(B) determines that the property will be used TO ALASKA.—In amending title 14, Code of Fed- tion of any Federal or State law relating to the to generate revenue for the public airport; eral Regulations, in a manner affecting intra- installation, production, repair, or sale of a ‘‘(C) provides preliminary notice to the head state aviation in Alaska, the Administrator of counterfeit or falsely-represented aviation part of such department, agency, or instrumentality the Federal Aviation Administration shall con- or material.’’. at least 30 days before making the request; sider the extent to which Alaska is not served by (c) PROHIBITION ON EMPLOYMENT.—Section ‘‘(D) provides an opportunity for notice to the transportation modes other than aviation, and 44711 is amended by adding at the end thereof public on the request; and shall establish such regulatory distinctions as the following: ‘‘(E) includes in the request a written jus- the Administrator considers appropriate.’’. tification for the conveyance.’’. ‘‘(c) PROHIBITION ON EMPLOYMENT OF CON- SEC. 513. HUMAN FACTORS PROGRAM. (b) APPLICATION TO EXISTING CONVEYANCES.— VICTED COUNTERFEIT PART DEALERS.—No per- (a) IN GENERAL.—Chapter 445 is amended by The provisions of section 47125(a)(2), as amend- son subject to this chapter may employ anyone adding at the end thereof the following: to perform a function related to the procure- ed by subsection (a) apply to property interests ‘‘§ 44516. Human factors program ment, sale, production, or repair of a part or conveyed under section 47125 of that title before, material, or the installation of a part into a civil on, or after the date of enactment of this Act, ‘‘(a) OVERSIGHT COMMITTEE.—The Adminis- aircraft, who has been convicted of a violation section 516 of the Airport and Airway Improve- trator of the Federal Aviation Administration of any Federal or State law relating to the in- ment Act of 1982, section 23 of the Airport and shall establish an advanced qualification pro- stallation, production, repair, or sale of a coun- Airway Development Act of 1970, or section 16 of gram oversight committee to advise the Adminis- terfeit or falsely-represented aviation part or the Federal Airport Act. For purposes of this trator on the development and execution of Ad- material.’’. section, the Secretary of Transportation (or the vanced Qualification Programs for air carriers predecessor of the Secretary) shall be deemed to under this section, and to encourage their adop- SEC. 506. FAA MAY FINE UNRULY PASSENGERS. have met the requirements of subparagraphs tion and implementation. (a) IN GENERAL.—Chapter 463 is amended by (C), (D), and (E) of section 47125(a)(2) of such ‘‘(b) HUMAN FACTORS TRAINING.— redesignating section 46316 as section 46317, and title, as so amended, for any such conveyance ‘‘(1) AIR TRAFFIC CONTROLLERS.—The Admin- by inserting after section 46315 the following: before the date of enactment of this Act. istrator shall— ‘‘§ 46316. Interference with cabin or flight SEC. 509. FLIGHT OPERATIONS QUALITY ASSUR- ‘‘(A) address the problems and concerns raised crew ANCE RULES. by the National Research Council in its report ‘‘(a) IN GENERAL.—An individual who inter- Not later than 90 days after the date of enact- ‘The Future of Air Traffic Control’ on air traffic feres with the duties or responsibilities of the ment of this Act, the Administrator shall issue a control automation; and

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10805 ‘‘(B) respond to the recommendations made by ensuring the consistency and reliability of re- ‘‘SUBCHAPTER III—WHISTLEBLOWER the National Research Council. ported data to begin immediately after full oper- PROTECTION PROGRAM ‘‘(2) PILOTS AND FLIGHT CREWS.—The Admin- ational capability of the cost accounting system. ‘‘§ 42121. Protection of employees providing istrator shall work with the aviation industry to (B) A review and validation of the Federal air safety information develop specific training curricula, within 12 Aviation Administration’s definition of the serv- ‘‘(a) DISCRIMINATION AGAINST AIRLINE EM- months after the date of enactment of the Wen- ices to which the Federal Aviation Administra- PLOYEES.—No air carrier or contractor or sub- dell H. Ford National Air Transportation Sys- tion ultimately attributes its costs, and the contractor of an air carrier may discharge an tem Improvement Act of 1998, to address critical methods used to identify direct costs associated employee of the air carrier or the contractor or safety problems, including problems of pilots— with the services. subcontractor of an air carrier or otherwise dis- (C) An assessment and validation of the gen- ‘‘(A) in recovering from loss of control of the criminate against any such employee with re- eral cost pools used by the Federal Aviation Ad- aircraft, including handling unusual attitudes spect to compensation, terms, conditions, or ministration, including the rationale for and re- and mechanical malfunctions; privileges of employment because the employee liability of the bases on which the Federal Avia- ‘‘(B) in deviating from standard operating (or any person acting pursuant to a request of tion Administration proposes to allocate costs of procedures, including inappropriate responses to the employee)— emergencies and hazardous weather; services to users and the integrity of the cost ‘‘(1) provided, caused to be provided, or is ‘‘(C) in awareness of altitude and location rel- pools as well as any other factors considered im- about to provide or cause to be provided to the ative to terrain to prevent controlled flight into portant by the Inspector General. Appropriate Federal Government information relating to any terrain; and statistical tests shall be performed to assess rela- violation or alleged violation of any order, regu- ‘‘(D) in landing and approaches, including tionships between costs in the various cost pools lation, or standard of the Federal Aviation Ad- nonprecision approaches and go-around proce- and activities and services to which the costs ministration or any other provision of Federal dures. are attributed by the Federal Aviation Adminis- law relating to air carrier safety under this sub- ‘‘(c) ACCIDENT INVESTIGATIONS.—The Admin- tration. title or any other law of the United States; istrator, working with the National Transpor- (b) DEADLINE.—The independent analyses de- ‘‘(2) has filed, caused to be filed, or is about tation Safety Board and representatives of the scribed in this section shall be completed no to file or cause to be filed a proceeding relating aviation industry, shall establish a process to later than 270 days after the contracts are to any violation or alleged violation of any assess human factors training as part of acci- awarded to the outside independent contractors. order, regulation, or standard of the Federal dent and incident investigations. The Inspector General shall submit a final re- Aviation Administration or any other provision ‘‘(d) TEST PROGRAM.—The Administrator shall port combining the analyses done by its staff of Federal law relating to air carrier safety establish a test program in cooperation with with those of the outside independent contrac- under this subtitle or any other law of the United States air carriers to use model Jeppesen tors to the Secretary of Transportation, the Ad- United States; approach plates or other similar tools to improve ministrator, the Committee on Commerce, ‘‘(3) testified or will testify in such a pro- nonprecision landing approaches for aircraft. Science, and Transportation of the Senate, and ceeding; or ‘‘(e) ADVANCED QUALIFICATION PROGRAM DE- the Committee on Transportation and Infra- ‘‘(4) assisted or participated or is about to as- FINED.—For purposes of this section, the term structure of the House of Representatives. The sist or participate in such a proceeding. ‘advanced qualification program’ means an al- final report shall be submitted by the Inspector ‘‘(b) DEPARTMENT OF LABOR COMPLAINT PRO- ternative method for qualifying, training, certi- General not later than 300 days after the award CEDURE.— fying, and ensuring the competency of flight of contracts. ‘‘(1) FILING AND NOTIFICATION.— crews and other commercial aviation operations (c) FUNDING.—There are authorized to be ap- ‘‘(A) IN GENERAL.—In accordance with this personnel subject to the training and evaluation propriated such sums as may be necessary for paragraph, a person may file (or have a person requirements of Parts 121 and 135 of title 14, the cost of the contracted audit services author- file on behalf of that person) a complaint with Code of Federal Regulations.’’. ized by this section. the Secretary of Labor if that person believes (b) AUTOMATION AND ASSOCIATED TRAINING.— SEC. 515. WHISTLEBLOWER PROTECTION FOR FAA that an air carrier or contractor or subcon- The Administrator shall complete the Adminis- EMPLOYEES. tractor of an air carrier discharged or otherwise tration’s updating of training practices for au- Section 347(b)(1) of Public Law 104–50 (49 discriminated against that person in violation of tomation and associated training requirements U.S.C. 106, note) is amended by striking ‘‘pro- subsection (a). within 12 months after the date of enactment of tection;’’ and inserting ‘‘protection, including ‘‘(B) REQUIREMENTS FOR FILING COM- this Act. the provisions for investigations and enforce- PLAINTS.—A complaint referred to in subpara- (c) CONFORMING AMENDMENT.—The chapter ment as provided in chapter 12 of title 5, United graph (A) may be filed not later than 90 days analysis for chapter 445 is amended by adding States Code;’’. after an alleged violation occurs. The complaint at the end thereof the following: SEC. 516. REPORT ON MODERNIZATION OF OCE- shall state the alleged violation. ‘‘44516. Advanced qualification program.’’. ANIC ATC SYSTEM. ‘‘(C) NOTIFICATION.—Upon receipt of a com- plaint submitted under subparagraph (A), the SEC. 514. INDEPENDENT VALIDATION OF FAA The Administrator of the Federal Aviation COSTS AND ALLOCATIONS. Administration shall report to the Congress on Secretary of Labor shall notify the air carrier, contractor, or subcontractor named in the com- (a) INDEPENDENT ASSESSMENT.— plans to modernize the oceanic air traffic con- plaint and the Administrator of the Federal (1) INITIATION.—Not later than 90 days after trol system, including a budget for the program, the date of enactment of this Act, the Inspector a determination of the requirements for mod- Aviation Administration of the— ‘‘(i) filing of the complaint; General of the Department of Transportation ernization, and, if necessary, a proposal to fund the program. ‘‘(ii) allegations contained in the complaint; shall initiate the analyses described in para- ‘‘(iii) substance of evidence supporting the SEC. 517. REPORT ON AIR TRANSPORTATION graph (2). In conducting the analyses, the In- complaint; and spector General shall ensure that the analyses OVERSIGHT SYSTEM. Beginning in 1999, the Administrator of the ‘‘(iv) opportunities that are afforded to the air are carried out by 1 or more entities that are carrier, contractor, or subcontractor under independent of the Federal Aviation Adminis- Federal Aviation Administration shall report bi- annually to the Congress on the air transpor- paragraph (2). tration. The Inspector General may use the staff ‘‘(2) INVESTIGATION; PRELIMINARY ORDER.— tation oversight system program announced by and resources of the Inspector General or may ‘‘(A) IN GENERAL.— contract with independent entities to conduct the Administration on May 13, 1998, in detail on ‘‘(i) INVESTIGATION.—Not later than 60 days the analyses. the training of inspectors, the number of inspec- after receipt of a complaint filed under para- (2) ASSESSMENT OF ADEQUACY AND ACCURACY tors using the system, air carriers subject to the graph (1) and after affording the person named OF FAA COST DATA AND ATTRIBUTIONS.—To en- system, and the budget for the system. in the complaint an opportunity to submit to the sure that the method for capturing and distrib- SEC. 518. RECYCLING OF EIS. Secretary of Labor a written response to the uting the overall costs of the Federal Aviation Notwithstanding any other provision of law to complaint and an opportunity to meet with a Administration is appropriate and reasonable, the contrary, the Secretary of Transportation representative of the Secretary to present state- the Inspector General shall conduct an assess- may authorize the use, in whole or in part, of a ments from witnesses, the Secretary of Labor ment that includes the following: completed environmental assessment or environ- shall conduct an investigation and determine (A)(i) Validation of Federal Aviation Adminis- mental impact study for a new airport construc- whether there is reasonable cause to believe that tration cost input data, including an audit of tion project that is substantially similar in na- the complaint has merit and notify in writing the reliability of Federal Aviation Administra- ture to one previously constructed pursuant to the complainant and the person alleged to have tion source documents and the integrity and re- the completed environmental assessment or envi- committed a violation of subsection (a) of the liability of the Federal Aviation Administra- ronmental impact study in order to avoid unnec- Secretary’s findings. tion’s data collection process. essary duplication of expense and effort, and ‘‘(ii) ORDER.—Except as provided in subpara- (ii) An assessment of the reliability of the Fed- any such authorized use shall meet all require- graph (B), if the Secretary of Labor concludes eral Aviation Administration’s system for track- ments of Federal law for the completion of such that there is reasonable cause to believe that a ing assets. an assessment or study. violation of subsection (a) has occurred, the Sec- (iii) An assessment of the reasonableness of SEC. 519. PROTECTION OF EMPLOYEES PRO- retary shall accompany the findings referred to the Federal Aviation Administration’s bases for VIDING AIR SAFETY INFORMATION. in clause (i) with a preliminary order providing establishing asset values and depreciation rates. (a) GENERAL RULE.—Chapter 421 of title 49, the relief prescribed under paragraph (3)(B). (iv) An assessment of the Federal Aviation United States Code, is amended by adding at the ‘‘(iii) OBJECTIONS.—Not later than 30 days Administration’s system of internal controls for end the following new subchapter: after the date of notification of findings under

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10806 CONGRESSIONAL RECORD — SENATE September 23, 1998 this paragraph, the person alleged to have com- an amount equal to the aggregate amount of all ing ‘‘subchapter II of chapter 421,’’ and insert- mitted the violation or the complainant may file costs and expenses (including attorney and ex- ing ‘‘subchapter II or III of chapter 421,’’. objections to the findings or preliminary order pert witness fees) reasonably incurred by the TITLE VI—AVIATION COMPETITION and request a hearing on the record. complainant (as determined by the Secretary of PROMOTION ‘‘(iv) EFFECT OF FILING.—The filing of objec- Labor) for, or in connection with, the bringing SEC. 601. PURPOSE. tions under clause (iii) shall not operate to stay of the complaint that resulted in the issuance of The purpose of this title is to facilitate, any reinstatement remedy contained in the pre- the order. through a 4-year pilot program, incentives and liminary order. ‘‘(D) FRIVOLOUS COMPLAINTS.—If the Sec- projects that will help up to 40 communities or ‘‘(v) HEARINGS.—Hearings conducted pursu- retary of Labor finds that a complaint brought ant to a request made under clause (iii) shall be under paragraph (1) is frivolous or was brought consortia of communities to improve their access conducted expeditiously. If a hearing is not re- in bad faith, the Secretary of Labor may award to the essential airport facilities of the national quested during the 30-day period prescribed in to the prevailing employer a reasonable attorney air transportation system through public-private clause (iii), the preliminary order shall be fee in an amount not to exceed $5,000. partnerships and to identify and establish ways to overcome the unique policy, economic, geo- deemed a final order that is not subject to judi- ‘‘(4) REVIEW.— cial review. ‘‘(A) APPEAL TO COURT OF APPEALS.— graphic, and marketplace factors that may in- ‘‘(B) REQUIREMENTS.— ‘‘(i) IN GENERAL.—Not later than 60 days after hibit the availability of quality, affordable air ‘‘(i) REQUIRED SHOWING BY COMPLAINANT.— a final order is issued under paragraph (3), a service to small communities. The Secretary of Labor shall dismiss a com- person adversely affected or aggrieved by that SEC. 602. ESTABLISHMENT OF SMALL COMMU- plaint filed under this subsection and shall not order may obtain review of the order in the NITY AVIATION DEVELOPMENT PRO- conduct an investigation otherwise required United States court of appeals for the circuit in GRAM. under subparagraph (A) unless the complainant which the violation allegedly occurred or the Section 102 is amended by adding at the end makes a prima facie showing that any behavior circuit in which the complainant resided on the thereof the following: ‘‘(g) SMALL COMMUNITY AIR SERVICE DEVEL- described in paragraphs (1) through (4) of sub- date of that violation. OPMENT PROGRAM.— section (a) was a contributing factor in the un- ‘‘(ii) REQUIREMENTS FOR JUDICIAL REVIEW.—A ‘‘(1) ESTABLISHMENT.—The Secretary shall es- favorable personnel action alleged in the com- review conducted under this paragraph shall be tablish a 4-year pilot aviation development pro- plaint. conducted in accordance with chapter 7 of title gram to be administered by a program director ‘‘(ii) SHOWING BY EMPLOYER.—Notwith- 5. The commencement of proceedings under this designated by the Secretary. standing a finding by the Secretary that the subparagraph shall not, unless ordered by the ‘‘(2) FUNCTIONS.—The program director complainant has made the showing required court, operate as a stay of the order that is the shall— under clause (i), no investigation otherwise re- subject of the review. ‘‘(B) LIMITATION ON COLLATERAL ATTACK.— ‘‘(A) function as a facilitator between small quired under subparagraph (A) shall be con- communities and air carriers; ducted if the employer demonstrates, by clear An order referred to in subparagraph (A) shall not be subject to judicial review in any criminal ‘‘(B) carry out section 41743 of this title; and convincing evidence, that the employer ‘‘(C) carry out the airline service restoration would have taken the same unfavorable per- or other civil proceeding. ‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY program under sections 41744, 41745, and 41746 sonnel action in the absence of that behavior. of this title; ‘‘(iii) CRITERIA FOR DETERMINATION BY SEC- OF LABOR.— ‘‘(A) IN GENERAL.—If an air carrier, con- ‘‘(D) ensure that the Bureau of Transpor- RETARY.—The Secretary may determine that a tractor, or subcontractor named in an order tation Statistics collects data on passenger in- violation of subsection (a) has occurred only if formation to assess the service needs of small the complainant demonstrates that any behavior issued under paragraph (3) fails to comply with the order, the Secretary of Labor may file a civil communities; described in paragraphs (1) through (4) of sub- ‘‘(E) work with and coordinate efforts with section (a) was a contributing factor in the un- action in the United States district court for the district in which the violation occurred to en- other Federal, State, and local agencies to in- favorable personnel action alleged in the com- crease the viability of service to small commu- plaint. force that order. ‘‘(B) RELIEF.—In any action brought under nities and the creation of aviation development ‘‘(iv) PROHIBITION.—Relief may not be ordered this paragraph, the district court shall have ju- zones; and under subparagraph (A) if the employer dem- risdiction to grant any appropriate form of re- ‘‘(F) provide policy recommendations to the onstrates by clear and convincing evidence that lief, including injunctive relief and compen- Secretary and the Congress that will ensure that the employer would have taken the same unfa- satory damages. small communities have access to quality, af- vorable personnel action in the absence of that ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— fordable air transportation services. behavior. ‘‘(A) COMMENCEMENT OF ACTION.—A person ‘‘(3) REPORTS.—The program director shall ‘‘(3) FINAL ORDER.— on whose behalf an order is issued under para- provide an annual report to the Secretary and ‘‘(A) DEADLINE FOR ISSUANCE; SETTLEMENT graph (3) may commence a civil action against the Congress beginning in 1999 that— AGREEMENTS.— the air carrier, contractor, or subcontractor ‘‘(A) analyzes the availability of air transpor- ‘‘(i) IN GENERAL.—Not later than 120 days named in the order to require compliance with tation services in small communities, including, after conclusion of a hearing under paragraph the order. The appropriate United States district but not limited to, an assessment of the air fares (2), the Secretary of Labor shall issue a final court shall have jurisdiction, without regard to charged for air transportation services in small order that— the amount in controversy or the citizenship of communities compared to air fares charged for ‘‘(I) provides relief in accordance with this the parties, to enforce the order. air transportation services in larger metropoli- paragraph; or ‘‘(B) ATTORNEY FEES.—In issuing any final tan areas and an assessment of the levels of ‘‘(II) denies the complaint. order under this paragraph, the court may service, measured by types of aircraft used, the ‘‘(ii) SETTLEMENT AGREEMENT.—At any time award costs of litigation (including reasonable availability of seats, and scheduling of flights, before issuance of a final order under this para- attorney and expert witness fees) to any party if provided to small communities; graph, a proceeding under this subsection may the court determines that the awarding of those ‘‘(B) identifies the policy, economic, geo- be terminated on the basis of a settlement agree- costs is appropriate. graphic and marketplace factors that inhibit the ment entered into by the Secretary of Labor, the ‘‘(c) MANDAMUS.—Any nondiscretionary duty availability of quality, affordable air transpor- complainant, and the air carrier, contractor, or imposed by this section shall be enforceable in a tation services to small communities; and subcontractor alleged to have committed the vio- mandamus proceeding brought under section ‘‘(C) provides policy recommendations to ad- lation. 1361 of title 28. dress the policy, economic, geographic, and mar- ‘‘(B) REMEDY.—If, in response to a complaint ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIO- ketplace factors inhibiting the availability of filed under paragraph (1), the Secretary of LATIONS.—Subsection (a) shall not apply with quality, affordable air transportation services to Labor determines that a violation of subsection respect to an employee of an air carrier, or con- small communities.’’. (a) has occurred, the Secretary of Labor shall tractor or subcontractor of an air carrier who, order the air carrier, contractor, or subcon- SEC. 603. COMMUNITY-CARRIER AIR SERVICE acting without direction from the air carrier (or PROGRAM. tractor that the Secretary of Labor determines an agent, contractor, or subcontractor of the air (a) IN GENERAL.—Subchapter II is amended by to have committed the violation to— carrier), deliberately causes a violation of any adding at the end thereof the following: ‘‘(i) take action to abate the violation; requirement relating to air carrier safety under ‘‘(ii) reinstate the complainant to the former ‘‘§ 41743. Air service program for small com- this subtitle or any other law of the United position of the complainant and ensure the pay- munities States.’’. ment of compensation (including back pay) and ‘‘(a) COMMUNITIES PROGRAM.—Under advi- (b) CONFORMING AMENDMENT.—The chapter the restoration of terms, conditions, and privi- analysis for chapter 421 of title 49, United States sory guidelines prescribed by the Secretary of leges associated with the employment; and Code, is amended by adding at the end the fol- Transportation, a small community or a con- ‘‘(iii) provide compensatory damages to the lowing: sortia of small communities or a State may de- complainant. velop an assessment of its air service require- ‘‘(C) COSTS OF COMPLAINT.—If the Secretary ‘‘SUBCHAPTER III—WHISTLEBLOWER ments, in such form as the program director des- of Labor issues a final order that provides for PROTECTION PROGRAM ignated by the Secretary under section 102(g) relief in accordance with this paragraph, the ‘‘42121. Protection of employees providing air may require, and submit the assessment and Secretary of Labor, at the request of the com- safety information.’’. service proposal to the program director. plainant, shall assess against the air carrier, (c) CIVIL PENALTY.—Section 46301(a)(1)(A) of ‘‘(b) SELECTION OF PARTICIPANTS.—In select- contractor, or subcontractor named in the order title 49, United States Code, is amended by strik- ing community programs for participation in the

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10807 communities program under subsection (a), the under section 102(g)(1) shall establish a 4-year ‘‘(1) permit the participation of the maximum program director shall apply criteria, including pilot program— feasible number of communities and States over geographical diversity and the presentation of ‘‘(1) to assist communities and States with in- a 4-year period by limiting the number of years unique circumstances, that will demonstrate the adequate access to the national transportation of participation or otherwise; and feasibility of the program. system to improve their access to that system; ‘‘(2) obtain the greatest possible leverage from ‘‘(c) CARRIERS PROGRAM.—The program direc- and the financial resources available to the Sec- tor shall invite part 121 air carriers and re- ‘‘(2) to facilitate better air service link-ups to retary and the applicant by— gional/commuter carriers (as such terms are de- support the improved access. ‘‘(A) progressively decreasing, on a project-by- fined in section 41715(d) of this title) to offer ‘‘(b) PROJECT AUTHORITY.—Under the pilot project basis, any Federal financial incentives service proposals in response to, or in conjunc- program established pursuant to subsection (a), provided under this chapter over the 4-year pe- tion with, community aircraft service assess- the program director may— riod; and ments submitted to the office under subsection ‘‘(1) out of amounts appropriated under sec- ‘‘(B) terminating as early as feasible Federal (a). A service proposal under this paragraph tion 604 of the Wendell H. Ford National Air financial incentives for any project determined shall include— Transportation System Improvement Act of 1998, by the Secretary after its implementation to be— ‘‘(1) an assessment of potential daily pas- provide financial assistance by way of grants to ‘‘(i) viable without further support under this senger traffic, revenues, and costs necessary for small communities or consortia of small commu- subchapter; or the carrier to offer the service; nities under section 41743 of up to $500,000 per ‘‘(ii) failing to meet the purposes of this chap- ‘‘(2) a forecast of the minimum percentage of year; and ter or criteria established by the Secretary under that traffic the carrier would require the com- ‘‘(2) take such other action as may be appro- the pilot program. munity to garner in order for the carrier to start priate. ‘‘(e) SUCCESS BONUS.—If Federal financial in- up and maintain the service; and ‘‘(c) OTHER ACTION.—Under the pilot program centives to a community are terminated under ‘‘(3) the costs and benefits of providing jet established pursuant to subsection (a), the pro- subsection (d)(2)(B) because of the success of the service by regional or other jet aircraft. gram director may facilitate service by— program in that community, then that commu- ‘‘(d) PROGRAM SUPPORT FUNCTION.—The pro- ‘‘(1) working with airports and air carriers to nity may receive a one-time incentive grant to gram director shall work with small communities ensure that appropriate facilities are made ensure the continued success of that program. and air carriers, taking into account their pro- available at essential airports; ‘‘(f) PROGRAM TO TERMINATE IN 4 YEARS.—No posals and needs, to facilitate the initiation of ‘‘(2) collecting data on air carrier service to new financial assistance may be provided under service. The program director— small communities; and this subchapter for any fiscal year beginning ‘‘(1) may work with communities to develop ‘‘(3) providing policy recommendations to the more than 4 years after the date of enactment of innovative means and incentives for the initi- Secretary to stimulate air service and competi- the Wendell H. Ford National Air Transpor- ation of service; tion to small communities. tation System Improvement Act of 1998. ‘‘(2) may obligate funds appropriated under ‘‘§ 41745. Assistance to communities for serv- ‘‘§ 41746. Additional authority section 604 of the Wendell H. Ford National Air ice ‘‘In carrying out this chapter, the Secretary— Transportation System Improvement Act of 1998 ‘‘(a) IN GENERAL.—Financial assistance pro- ‘‘(1) may provide assistance to States and to carry out this section; vided under section 41743 during any fiscal year communities in the design and application ‘‘(3) shall continue to work with both the car- as part of the pilot program established under phase of any project under this chapter, and riers and the communities to develop a combina- section 41744(a) shall be implemented for not oversee the implementation of any such project; tion of community incentives and carrier service more than— ‘‘(2) may assist States and communities in levels that— ‘‘(1) 4 communities within any State at any putting together projects under this chapter to ‘‘(A) are acceptable to communities and car- given time; and utilize private sector resources, other Federal re- riers; and ‘‘(2) 40 communities in the entire program at sources, or a combination of public and private ‘‘(B) do not conflict with other Federal or any time. resources; State programs to facilitate air transportation to For purposes of this subsection, a consortium of ‘‘(3) may accord priority to service by jet air- the communities; communities shall be treated as a single commu- craft; ‘‘(4) designate an airport in the program as an nity. ‘‘(4) take such action as may be necessary to Air Service Development Zone and work with ‘‘(b) ELIGIBILITY.—In order to participate in a ensure that financial resources, facilities, and the community on means to attract business to pilot project under this subchapter, a State, administrative arrangements made under this the area surrounding the airport, to develop community, or group of communities shall apply chapter are used to carry out the purposes of land use options for the area, and provide data, to the Secretary in such form and at such time, title VI of the Wendell H. Ford National Air working with the Department of Commerce and and shall supply such information, as the Sec- Transportation System Improvement Act of 1998; other agencies; retary may require, and shall demonstrate to the and ‘‘(5) take such other action under this chapter satisfaction of the Secretary that— ‘‘(5) shall work with the Federal Aviation Ad- as may be appropriate. ‘‘(1) the applicant has an identifiable need for ministration on airport and air traffic control ‘‘(e) LIMITATIONS.— access, or improved access, to the national air needs of communities in the program. ‘‘(1) COMMUNITY SUPPORT.—The program di- transportation system that would benefit the ‘‘§ 41747. Air traffic control services pilot pro- rector may not provide financial assistance public; gram under subsection (c)(2) to any community unless ‘‘(2) the pilot project will provide material ‘‘(a) IN GENERAL.—To further facilitate the the program director determines that— benefits to a broad section of the travelling pub- use of, and improve the safety at, small airports, ‘‘(A) a public-private partnership exists at the lic, businesses, educational institutions, and the Administrator of the Federal Aviation Ad- community level to carry out the community’s other enterprises whose access to the national ministration shall establish a pilot program to proposal; air transportation system is limited; contract for Level I air traffic control services at ‘‘(B) the community will make a substantial ‘‘(3) the pilot project will not impede competi- 20 facilities not eligible for participation in the financial contribution that is appropriate for tion; and Federal Contract Tower Program. that community’s resources, but of not less than ‘‘(4) the applicant has established, or will es- ‘‘(b) PROGRAM COMPONENTS.—In carrying out 25 percent of the cost of the project in any tablish, public-private partnerships in connec- the pilot program established under subsection event; tion with the pilot project to facilitate service to (a), the Administrator may— ‘‘(C) the community has established an open the public. ‘‘(1) utilize current, actual, site-specific data, process for soliciting air service proposals; and ‘‘(c) COORDINATION WITH OTHER PROVISIONS forecast estimates, or airport system plan data ‘‘(D) the community will accord similar bene- OF SUBCHAPTER.—The Secretary shall carry out provided by a facility owner or operator; fits to air carriers that are similarly situated. the 4-year pilot program authorized by this sub- ‘‘(2) take into consideration unique aviation ‘‘(2) AMOUNT.—The program director may not chapter in such a manner as to complement ac- safety, weather, strategic national interest, dis- obligate more than $30,000,000 of the amounts tion taken under the other provisions of this aster relief, medical and other emergency man- appropriated under 604 of the Wendell H. Ford subchapter. To the extent the Secretary deter- agement relief services, status of regional airline National Air Transportation System Improve- mines to be appropriate, the Secretary may service, and related factors at the facility; ment Act of 1998 over the 4 years of the pro- adopt criteria for implementation of the 4-year ‘‘(3) approve for participation any facility gram. pilot program that are the same as, or similar to, willing to fund a pro rata share of the operating ‘‘(3) NUMBER OF PARTICIPANTS.—The program the criteria developed under the preceding sec- costs used by the Federal Aviation Administra- established under subsection (a) shall not in- tions of this subchapter for determining which tion to calculate, and, as necessary, a 1:1 ben- volve more than 40 communities or consortia of airports are eligible under those sections. The efit-to-cost ratio, as required for eligibility communities. Secretary shall also, to the extent possible, pro- under the Federal Contract Tower Program; and ‘‘(f) REPORT.—The program director shall re- vide incentives where no direct, viable, and fea- ‘‘(4) approve for participation no more than 3 port through the Secretary to the Congress an- sible alternative service exists, taking into ac- facilities willing to fund a pro rata share of con- nually on the progress made under this section count geographical diversity and appropriate struction costs for an air traffic control tower so during the preceding year in expanding commer- market definitions. as to achieve, at a minimum, a 1:1 benefit-to- cial aviation service to smaller communities. ‘‘(d) MAXIMIZATION OF PARTICIPATION.—The cost ratio, as required for eligibility under the ‘‘§ 41744. Pilot program project authority Secretary shall structure the program estab- Federal Contract Tower Program, and for each ‘‘(a) IN GENERAL.—The program director des- lished pursuant to section 41744(a) in a way de- of such facilities the Federal share of construc- ignated by the Secretary of Transportation signed to— tion costs does not exceed $1,000,000.

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‘‘(c) REPORT.—One year before the pilot pro- Secretary may take into consideration the slots SEC. 607. SECRETARY SHALL GRANT EXEMPTIONS gram established under subsection (a) termi- already used by the applicant. TO PERIMETER RULE. nates, the Administrator shall report to the Con- ‘‘(3) CONDITIONS.—The Secretary may grant (a) IN GENERAL.—Section 41714(d) is amended gress on the effectiveness of the program, with an exemption to an air carrier under paragraph by adding at the end thereof the following: particular emphasis on the safety and economic (1)— ‘‘(3) BEYOND-PERIMETER EXEMPTIONS.—The benefits provided to program participants and ‘‘(A) for a period of not less than 12 months; Secretary of Transportation shall by order grant the national air transportation system.’’. ‘‘(B) for a minimum of 2 daily roundtrip exemptions from the application of sections (b) CONFORMING AMENDMENT.—The chapter flights; and 49109 and 49111(e) to air carriers to operate lim- analysis for chapter 417 is amended by inserting ‘‘(C) for a maximum of 3 daily roundtrip ited frequencies and aircraft on select routes be- after the item relating to section 41742 the fol- flights. tween Ronald Reagan Washington National lowing: ‘‘(4) CHANGE OF NONHUB, SMALL HUB, OR ME- Airport and domestic hub airports of such car- ‘‘41743. Air service program for small commu- DIUM HUB AIRPORT; JET AIRCRAFT.—The Sec- riers and exemptions from the requirements of nities. retary may, upon application made by an air subparts K and S of part 93, Code of Federal ‘‘41744. Pilot program project authority. carrier operating under an exemption granted Regulations, if the Secretary finds that the ex- ‘‘41745. Assistance to communities for service. under paragraph (1)— emptions will— ‘‘41746. Additional authority. ‘‘(A) authorize the air carrier to upgrade its ‘‘(A) provide air transportation service with ‘‘41747. Air traffic control services pilot pro- service under the exemption to a larger jet air- domestic network benefits in areas beyond the gram.’’. craft; and perimeter described in that section; and ‘‘(B) authorize an air carrier operating under ‘‘(B) increase competition in multiple markets. (c) WAIVER OF LOCAL CONTRIBUTION.—Section such an exemption to change the nonhub air- ‘‘(4) WITHIN-PERIMETER EXEMPTIONS.—The 41736(b) is amended by inserting after para- port or small hub airport for which the exemp- Secretary of Transportation shall by order grant graph (4) the following: tion was granted to provide the same service to exemptions from the requirements of section ‘‘Paragraph (4) does not apply to any commu- a different airport that is smaller than a large 49111(e) and subparts K and S of part 93 of title nity approved for service under this section dur- hub airport (as defined in section 47134(d)(2)) 14, Code of Federal Regulations, to commuter ing the period beginning October 1, 1991, and if— air carriers for service to airports smaller than ending December 31, 1997.’’. ‘‘(i) the air carrier has been operating under large hub airports (as defined in section SEC. 604. AUTHORIZATION OF APPROPRIATIONS. the exemption for a period of not less than 12 47134(d)(2)) within the perimeter established for To carry out sections 41743 through 41746 of months; and civil aircraft operations at Ronald Reagan title 49, United States Code, for the 4 fiscal year ‘‘(ii) the air carrier can demonstrate Washington National Airport. The Secretary period beginning with fiscal year 1999, there are unmitigatable losses. shall develop criteria for distributing slots for authorized to be appropriated to the Secretary ‘‘(5) FOREFEITURE FOR MISUSE.—Any exemp- flights within the perimeter to airports other of Transportation not more than $10,000,000. To tion granted under paragraph (1) shall be termi- than large hubs under this paragraph in a man- carry out such sections for the 4 fiscal year pe- nated immediately by the Secretary if the air ner consistent with the promotion of air trans- riod beginning with fiscal year 1999, not more carrier to which it was granted uses the slot for portation. than $20,000,000 shall be made available to the any purpose other than the purpose for which it ‘‘(5) LIMITATIONS.— Secretary for obligation and expenditure out of was granted or in violation of the conditions ‘‘(A) AIRCRAFT.—An exemption granted under the account established under section 45303(a) under which it was granted. paragraph (3) or (4) may not be granted with re- in addition to the amounts authorized to be ap- ‘‘(6) RESTORATION OF AIR SERVICE.—To the ex- spect to any aircraft that is not a Stage 3 air- propriated under the preceding sentence. tent that— craft (as defined by the Secretary). SEC. 605. MARKETING PRACTICES. ‘‘(A) slots were withdrawn from an air carrier ‘‘(B) NUMBER AND TYPE OF OPERATIONS.—The Section 41712 is amended by— under subsection (b) of this section; Secretary shall grant exemptions under para- (1) inserting ‘‘(a) IN GENERAL.—’’ before ‘‘(B) the withdrawal of slots under that sub- graph (3) and (4) that— ‘‘On’’; and section resulted in a net loss of slots; and ‘‘(i) will result in 12 new daily air carrier slots (2) adding at the end thereof the following: ‘‘(C) the net loss of slots resulting from the at such airport for long-haul service beyond the ‘‘(b) MARKETING PRACTICES THAT ADVERSELY withdrawal had an adverse effect on service to perimeter; AFFECT SERVICE TO SMALL OR MEDIUM COMMU- nonhub airports and in other domestic markets, ‘‘(ii) will result in 12 new daily commuter slots NITIES.—Within 180 days after the date of enact- the Secretary shall give priority consideration to at such airport; and ment of the Wendell H. Ford National Air the request of any air carrier from which slots ‘‘(iii) will not result in new daily commuter Transportation System Improvement Act of 1998, were withdrawn under that section for an slots for service to any within-the-perimeter air- the Secretary shall review the marketing prac- equivalent number of slots at the airport where port that is not smaller than a large hub airport tices of air carriers that may inhibit the avail- the slots were withdrawn. (as defined in section 47134(d)(2)). ability of quality, affordable air transportation ‘‘(7) PRIORITY TO NEW ENTRANTS AND LIMITED ‘‘(C) HOURS OF OPERATION.—In granting ex- services to small and medium-sized communities, INCUMBENT CARRIERS.—In assigning slots under emptions under paragraphs (3) and (4), the Sec- including— this subsection the Secretary shall, in conjunc- retary shall distribute the 24 new daily slots ‘‘(1) marketing arrangements between airlines tion with paragraph (5), give priority consider- fairly evenly across the hours between 7:00 a.m. and travel agents; ation to an application from an air carrier that, and 9:59 p.m., so that— ‘‘(2) code-sharing partnerships; as of July 1, 1998, held fewer than 20 slots at the ‘‘(i) not more than 2 slots per hour shall be ‘‘(3) computer reservation system displays; high density airport for which it filed an exemp- added during 9 of the hours beginning during ‘‘(4) gate arrangements at airports; tion application.’’. that period; and ‘‘(5) exclusive dealing arrangments; and (b) DEFINITIONS.—Subsection (h) of section ‘‘(ii) 1 slot per hour shall be added during 6 of ‘‘(6) any other marketing practice that may 41714 is amended by— the hours beginning during that period. have the same effect. (1) by striking ‘‘The term’’ in paragraph (1) ‘‘(6) PROTECTION OF INCUMBENT CARRIERS.— ‘‘(c) REGULATIONS.—If the Secretary finds, and inserting ‘‘Except as provided in paragraph An exemption granted under paragraph (3) or after conducting the review required by sub- (5), the term’’; and (4) may not result in the withdrawal of a slot section (b), that marketing practices inhibit the (2) adding at the end thereof the following: from any incumbent air carrier at that airport. availability of such service to such communities, ‘‘(5) NONSTOP JET EXEMPTION DEFINITIONS.— ‘‘(7) REVIEW OF SAFETY, ENVIRONMENTAL, AND then, after public notice and an opportunity for Any term used in subsection (j) that is defined NOISE IMPACT.—The Secretary— comment, the Secretary shall promulgate regula- in section 41762 has the meaning given that term ‘‘(A) shall assess the impact of granting ex- tions that address the problem.’’. by section 41762.’’. emptions under paragraphs (3) and (4) on the SEC. 606. SLOT EXEMPTIONS FOR NONSTOP RE- (c) SLOT WITHDRAWAL NOT TO AFFECT environment (including noise levels) and safety GIONAL JET SERVICE. NONHUB SERVICE.—Section 41714, as amended by during the first 90 days after the date of enact- (a) IN GENERAL.—Section 41714 is amended by subsection (a), is amended by adding at the end ment of the Wendell H. Ford National Air adding at the end thereof the following: thereof the following: Transportation System Improvement Act of 1998; ‘‘(j) SLOTS FOR NONSTOP JET SERVICE EXEMP- ‘‘(k) SLOT WITHDRAWAL MAY NOT AFFECT and TION.— NONHUB SERVICE.—The Secretary may not with- ‘‘(B) may not grant an exemption under para- ‘‘(1) IN GENERAL.—Within 90 days after receiv- draw a slot from a United States air carrier graph (3) or (4) or issue the additional slots dur- ing an application for an exemption to provide under this section in order to provide a slot to ing that 90-day period unless the Secretary has nonstop regional jet air service between— a foreign air carrier for purposes of inter- conducted such an assessment.’’. ‘‘(A) an airport that is smaller than a large national air transportation unless the Secretary (b) REPORT.—Within 1 year after the date of hub airport (as defined in section 47134(d)(2)); finds that— enactment of this Act, and biannually there- and ‘‘(1) the withdrawal of that slot from the after, the Secretary shall certify to the United ‘‘(B) a high density airport subject to the ex- United States air carrier will not adversely af- States Senate Committee on Commerce, Science, emption authority under subsection (a), fect air service to nonhub airports; and and Transportation, the United States House of the Secretary shall grant or deny the exemption ‘‘(2) United States air carriers seeking slots for Representatives Committee on Transportation in accordance with established principles of purposes of international air transportation at and Infrastructure, and the Governments of safety and the promotion of competition. an airport in the home country of that foreign Maryland and Virginia that noise standards, ‘‘(2) EXISTING SLOTS TAKEN INTO ACCOUNT.—In air carrier receive reciprocal treatment by the air traffic congestion, airport-related vehicular deciding to grant or deny the exemption, the government of that country.’’. congestion, safety standards, and adequate air

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10809 service to communities served by small hub air- riod referred to in subsection (b), the Secretary shall conduct a study of the effectiveness of the ports and medium hub airports within the pe- shall publish in the Federal Register the reasons national air transportation system and its abil- rimeter described in section 49109 of title 49, of the Secretary for making the extension. ity to meet the air transportation needs of the United States Code, have been maintained at ‘‘(d) TERMINATION OF WAITING PERIOD.—At United States over the next 15 years. The study appropriate levels. any time after the date of submission of a joint shall include airports located in remote commu- SEC. 608. ADDITIONAL SLOTS AT CHICAGO’S venture agreement under subsection (b), the Sec- nities and reliever airports, and shall assess the O’HARE AIRPORT. retary may terminate the waiting periods re- effectiveness of the system by reference to cri- (a) IN GENERAL.—The Secretary of Transpor- ferred to in subsections (b) and (c) with respect teria that include whether, under the system, tation may grant 100 additional slots under sec- to the agreement. each resident of the United States is within a 1- tion 41714 of title 49, United States Code, over a ‘‘(e) REGULATIONS.—The effectiveness of a hour drive on primary roads of an airport that 3-year period to air carriers to operate limited joint venture agreement may not be delayed due has at least one runway of at least 5,500 feet in frequencies and aircraft on select routes be- to any failure of the Secretary to issue regula- length at sea-level, or the equivalent altitude- tween O’Hare Airport in Chicago, Illinois, and tions to carry out this subsection. adjusted length. ‘‘(f) MEMORANDUM TO PREVENT DUPLICATIVE other airports if the Secretary— REVIEWS.—Promptly after the date of enactment TITLE VII—NATIONAL PARKS (1) first converts unused military slots at that of this section, the Secretary shall consult with OVERFLIGHTS airport to air carrier slots; the Assistant Attorney General of the Antitrust SEC. 701. FINDINGS. (2) before granting the additional slots, finds Division of the Department of Justice in order to The Congress finds that— that the additional capacity— (1) the Federal Aviation Administration has (A) is available; and establish, through a written memorandum of sole authority to control airspace over the (B) can be used safely; understanding, preclearance procedures to pre- United States; (3) before granting the additional slots, con- vent unnecessary duplication of effort by the (2) the Federal Aviation Administration has ducts an environmental review; and Secretary and the Assistant Attorney General the authority to preserve, protect, and enhance (4) limits the use of the additional slots to under this section and the United States anti- the environment by minimizing, mitigating, or Stage 3 aircraft (as defined by the Secretary). trust laws, respectively. ‘‘(g) PRIOR AGREEMENTS.—With respect to a preventing the adverse effects of aircraft over- (b) CERTAIN TITLE 49 DEFINITIONS APPLY.— Any term used in this section that is defined in joint venture agreement entered into before the flights on the public and tribal lands; (3) the National Park Service has the respon- chapter 417 of title 49, United States Code, has date of enactment of this section as to which the sibility of conserving the scenery and natural the meaning given that term in that chapter. Secretary finds that— ‘‘(1) the parties have submitted the agreement and historic objects and wildlife in national SEC. 609. CONSUMER NOTIFICATION OF E-TICKET to the Secretary before such date of enactment; parks and of providing for the enjoyment of the EXPIRATION DATES. and national parks in ways that leave the national Section 41712, as amended by section 605 of ‘‘(2) the parties have submitted any informa- parks unimpaired for future generations; this Act, is amended by adding at the end there- tion on the agreement requested by the Sec- (4) the protection of tribal lands from aircraft of the following: retary, overflights is consistent with protecting the pub- ‘‘(d) E-TICKET EXPIRATION NOTICE.—It shall the waiting period described in paragraphs (2) lic health and welfare and is essential to the be an unfair or deceptive practice under sub- and (3) shall begin on the date, as determined maintenance of the natural and cultural re- section (a) for any air carrier utilizing electroni- by the Secretary, on which all such information sources of Indian tribes; cally transmitted tickets to fail to notify the was submitted and end on the last day to which (5) the National Parks Overflights Working purchaser of such a ticket of its expiration date, the period could be extended under this section. Group, composed of general aviation, air tour, if any.’’. ‘‘(h) LIMITATION ON STATUTORY CONSTRUC- environmental, and Native American represent- SEC. 610. JOINT VENTURE AGREEMENTS. TION.—The authority granted to the Secretary atives, recommended that the Congress enact (a) IN GENERAL.—Subchapter I of chapter 417 under this subsection shall not in any way limit legislation based on its consensus work product; is amended by adding at the end the following: the authority of the Attorney General to enforce and ‘‘§ 41716. Joint venture agreements the antitrust laws as defined in the first section (6) this title reflects the recommendations ‘‘(a) DEFINITIONS.—In this section— of the Clayton Act (15 U.S.C. 12).’’. made by that Group. ‘‘(1) JOINT VENTURE AGREEMENT.—The term (b) CONFORMING AMENDMENT.—The analysis SEC. 702. AIR TOUR MANAGEMENT PLANS FOR ‘joint venture agreement’ means an agreement for subchapter I of such chapter is amended by NATIONAL PARKS. entered into by a major air carrier on or after adding at the end the following: (a) IN GENERAL.—Chapter 401, as amended by January 1, 1998, with regard to (A) code-shar- ‘‘41716. Joint venture agreements.’’. section 301 of this Act, is amended by adding at ing, blocked-space arrangements, long-term wet SEC. 611. REGIONAL AIR SERVICE INCENTIVE OP- the end the following: leases (as defined in section 207.1 of title 14, TIONS. ‘‘§ 40126. Overflights of national parks URPOSE Code of Federal Regulations) of a substantial (a) P .—The purpose of this section is ‘‘(a) IN GENERAL.— number (as defined by the Secretary by regula- to provide the Congress with an analysis of ‘‘(1) GENERAL REQUIREMENTS.—A commercial tion) of aircraft, or frequent flyer programs, or means to improve service by jet aircraft to un- air tour operator may not conduct commercial (B) any other cooperative working arrangement derserved markets by authorizing a review of air tour operations over a national park or trib- (as defined by the Secretary by regulation) be- different programs of Federal financial assist- al lands except— tween 2 or more major air carriers that affects ance, including loan guarantees like those that ‘‘(A) in accordance with this section; more than 15 percent of the total number of would have been provided for by section 2 of S. ‘‘(B) in accordance with conditions and limi- available seat miles offered by the major air car- 1353, 105th Congress, as introduced, to commuter tations prescribed for that operator by the Ad- riers. air carriers that would purchase regional jet ministrator; and ‘‘(2) MAJOR AIR CARRIER.—The term ‘major air aircraft for use in serving those markets. ‘‘(C) in accordance with any effective air tour carrier’ means a passenger air carrier that is (b) STUDY.—The Secretary of Transportation management plan for that park or those tribal certificated under chapter 411 of this title and shall study the efficacy of a program of Federal lands. included in Carrier Group III under criteria loan guarantees for the purchase of regional jets ‘‘(2) APPLICATION FOR OPERATING AUTHOR- contained in section 04 of part 241 of title 14, by commuter air carriers. The Secretary shall in- ITY.— Code of Federal Regulations. clude in the study a review of options for fund- ‘‘(A) APPLICATION REQUIRED.—Before com- ‘‘(b) SUBMISSION OF JOINT VENTURE AGREE- ing, including alternatives to Federal funding. mencing commercial air tour operations over a MENT.—At least 30 days before a joint venture In the study, the Secretary shall analyze— national park or tribal lands, a commercial air agreement may take effect, each of the major air (1) the need for such a program; tour operator shall apply to the Administrator (2) its potential benefit to small communities; for authority to conduct the operations over carriers that entered into the agreement shall (3) the trade implications of such a program; submit to the Secretary— (4) market implications of such a program for that park or those tribal lands. ‘‘(B) COMPETITIVE BIDDING FOR LIMITED CA- ‘‘(1) a complete copy of the joint venture the sale of regional jets; agreement and all related agreements; and (5) the types of markets that would benefit the PACITY PARKS.—Whenever a commercial air tour ‘‘(2) other information and documentary ma- most from such a program; management plan limits the number of commer- terial that the Secretary may require by regula- (6) the competititve implications of such a pro- cial air tour flights over a national park area tion. gram; and during a specified time frame, the Adminis- ‘‘(c) EXTENSION OF WAITING PERIOD.— (7) the cost of such a program. trator, in cooperation with the Director, shall ‘‘(1) IN GENERAL.—The Secretary may extend (c) REPORT.—The Secretary shall submit a re- authorize commercial air tour operators to pro- the 30-day period referred to in subsection (b) port of the results of the study to the Senate vide such service. The authorization shall speci- until— Committee on Commerce, Science, and Transpor- fy such terms and conditions as the Adminis- ‘‘(A) in the case of a joint venture agreement tation and the House of Representatives Com- trator and the Director find necessary for man- with regard to code-sharing, the 150th day fol- mittee on Transportation and Infrastructure not agement of commercial air tour operations over lowing the last day of such period; and later than 24 months after the date of enactment the national park. The Administrator, in co- ‘‘(B) in the case of any other joint venture of this Act. operation with the Director, shall develop an agreement, the 60th day following the last day SEC. 612. GAO STUDY OF RURAL AIR TRANSPOR- open competitive process for evaluating pro- of such period. TATION NEEDS. posals from persons interested in providing com- ‘‘(2) PUBLICATION OF REASONS FOR EXTEN- The General Accounting Office, in conjunc- mercial air tour services over the national park. SION.—If the Secretary extends the 30-day pe- tion with the Federal Aviation Administration, In

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10810 CONGRESSIONAL RECORD — SENATE September 23, 1998 making a selection from among various pro- cultural resources and visitor experiences and such tours within the 36-month period prior to posals submitted, the Administrator, in coopera- tribal lands. such date of enactment, and, for seasonal oper- tion with the Director, shall consider relevant ‘‘(2) ENVIRONMENTAL DETERMINATION.—In es- ations, the number of flights so used during the factors, including— tablishing an air tour management plan under season or seasons covered by that 12-month pe- ‘‘(i) the safety record of the company or pilots; this subsection, the Administrator and the Di- riod; ‘‘(ii) any quiet aircraft technology proposed rector shall each sign the environmental deci- ‘‘(B) may not provide for an increase in the for use; sion document required by section 102 of the Na- number of operations conducted during any ‘‘(iii) the experience in commercial air tour op- tional Environmental Policy Act of 1969 (42 time period by the commercial air tour operator erations over other national parks or scenic U.S.C. 4332) which may include a finding of no to which it is granted unless the increase is areas; significant impact, an environmental assess- agreed to by the Administrator and the Director; ‘‘(iv) the financial capability of the company; ment, or an environmental impact statement, ‘‘(C) shall be published in the Federal Register ‘‘(v) any training programs for pilots; and and the Record of Decision for the air tour man- to provide notice and opportunity for comment; ‘‘(vi) responsiveness to any criteria developed agement plan. ‘‘(D) may be revoked by the Administrator for by the National Park Service or the affected na- ‘‘(3) CONTENTS.—An air tour management cause; tional park. plan for a national park— ‘‘(E) shall terminate 180 days after the date on ‘‘(C) NUMBER OF OPERATIONS AUTHORIZED.— ‘‘(A) may prohibit commercial air tour oper- which an air tour management plan is estab- In determining the number of authorizations to ations in whole or in part; lished for that park or those tribal lands; and issue to provide commercial air tour service over ‘‘(B) may establish conditions for the conduct ‘‘(F) shall— a national park, the Administrator, in coopera- of commercial air tour operations, including ‘‘(i) promote protection of national park re- tion with the Director, shall take into consider- commercial air tour routes, maximum or min- sources, visitor experiences, and tribal lands; ation the provisions of the air tour management imum altitudes, time-of-day restrictions, restric- ‘‘(ii) promote safe operations of the commer- plan, the number of existing commercial air tour tions for particular events, maximum number of cial air tour; operators and current level of service and equip- flights per unit of time, intrusions on privacy on ‘‘(iii) promote the adoption of quiet tech- ment provided by any such companies, and the tribal lands, and mitigation of noise, visual, or nology, as appropriate; and financial viability of each commercial air tour other impacts; ‘‘(iv) allow for modifications of the operation operation. ‘‘(C) shall apply to all commercial air tours based on experience if the modification improves ‘‘(D) COOPERATION WITH NPS.—Before grant- within 1⁄2 mile outside the boundary of a na- protection of national park resources and values ing an application under this paragraph, the tional park; and of tribal lands. Administrator shall, in cooperation with the Di- ‘‘(D) shall include incentives (such as pre- ‘‘(3) NEW ENTRANT AIR TOUR OPERATORS.— rector, develop an air tour management plan in ferred commercial air tour routes and altitudes, ‘‘(A) IN GENERAL.—The Administrator, in co- accordance with subsection (b) and implement relief from caps and curfews) for the adoption of operation with the Director, may grant interim such plan. quiet aircraft technology by commercial air tour operating authority under this paragraph to an ‘‘(E) TIME LIMIT ON RESPONSE TO ATMP AP- operators conducting commercial air tour oper- air tour operator for a national park for which PLICATIONS.—The Administrator shall act on ations at the park; that operator is a new entrant air tour operator any such application and issue a decision on ‘‘(E) shall provide for the initial allocation of if the Administrator determines the authority is the application not later than 24 months after it opportunities to conduct commercial air tours if necessary to ensure competition in the provision is received or amended. the plan includes a limitation on the number of of commercial air tours over that national park ‘‘(3) EXCEPTION.—Notwithstanding paragraph commercial air tour flights for any time period; or those tribal lands. (1), commercial air tour operators may conduct and ‘‘(B) SAFETY LIMITATION.—The Administrator commercial air tour operations over a national ‘‘(F) shall justify and document the need for may not grant interim operating authority park under part 91 of the Federal Aviation Reg- measures taken pursuant to subparagraphs (A) under subparagraph (A) if the Administrator de- ulations (14 CFR 91.1 et seq.) if— through (E). termines that it would create a safety problem at ‘‘(A) such activity is permitted under part 119 ‘‘(4) PROCEDURE.—In establishing a commer- that park or on tribal lands, or the Director de- (14 CFR 119.1(e)(2)); cial air tour management plan for a national termines that it would create a noise problem at ‘‘(B) the operator secures a letter of agreement park, the Administrator and the Director shall— that park or on tribal lands. ‘‘(A) initiate at least one public meeting with from the Administrator and the national park ‘‘(C) ATMP LIMITATION.—The Administrator superintendent for that national park describing interested parties to develop a commercial air may grant interim operating authority under the conditions under which the flight operations tour management plan for the park; subparagraph (A) of this paragraph only if the ‘‘(B) publish the proposed plan in the Federal will be conducted; and air tour management plan for the park or tribal Register for notice and comment and make cop- ‘‘(C) the total number of operations under this lands to which the application relates has not exception is limited to not more than 5 flights in ies of the proposed plan available to the public; ‘‘(C) comply with the regulations set forth in been developed within 24 months after the date any 30-day period over a particular park. sections 1501.3 and 1501.5 through 1501.8 of title of enactment of the Wendell H. Ford National ‘‘(4) SPECIAL RULE FOR SAFETY REQUIRE- 40, Code of Federal Regulations (for purposes of Air Transportation System Improvement Act of MENTS.—Notwithstanding subsection (c), an ex- complying with those regulations, the Federal 1998. isting commercial air tour operator shall, not ‘‘(d) DEFINITIONS.—In this section, the fol- Aviation Administration is the lead agency and later than 90 days after the date of enactment of lowing definitions apply: the National Park Service is a cooperating agen- the Wendell H. Ford National Air Transpor- ‘‘(1) COMMERCIAL AIR TOUR.—The term ‘com- cy); and tation System Improvement Act of 1998, apply ‘‘(D) solicit the participation of any Indian mercial air tour’ means any flight conducted for for operating authority under part 119, 121, or tribe whose tribal lands are, or may be, compensation or hire in a powered aircraft 135 of the Federal Aviation Regulations (14 CFR overflown by aircraft involved in commercial air where a purpose of the flight is sightseeing. If Pt. 119, 121, or 135). A new entrant commercial tour operations over a national park or tribal the operator of a flight asserts that the flight is air tour operator shall apply for such authority lands, as a cooperating agency under the regu- not a commercial air tour, factors that can be before conducting commercial air tour oper- lations referred to in paragraph (4)(C). considered by the Administrator in making a de- ations over a national park or tribal lands. ‘‘(5) AMENDMENTS.—Any amendment of an air termination of whether the flight is a commer- ‘‘(b) AIR TOUR MANAGEMENT PLANS.— tour management plan shall be published in the cial air tour, include, but are not limited to— ‘‘(1) ESTABLISHMENT OF ATMPS.— Federal Register for notice and comment. A re- ‘‘(A) whether there was a holding out to the ‘‘(A) IN GENERAL.—The Administrator shall, quest for amendment of an air tour management public of willingness to conduct a sightseeing in cooperation with the Director, establish an plan shall be made in such form and manner as flight for compensation or hire; air tour management plan for any national park the Administrator may prescribe. ‘‘(B) whether a narrative was provided that or tribal land for which such a plan is not al- ‘‘(c) INTERIM OPERATING AUTHORITY.— referred to areas or points of interest on the sur- ready in effect whenever a person applies for ‘‘(1) IN GENERAL.—Upon application for oper- face; authority to operate a commercial air tour over ating authority, the Administrator shall grant ‘‘(C) the area of operation; the park. The development of the air tour man- interim operating authority under this para- ‘‘(D) the frequency of flights; agement plan is to be a cooperative undertaking graph to a commercial air tour operator for a ‘‘(E) the route of flight; between the Federal Aviation Administration national park or tribal lands for which the oper- ‘‘(F) the inclusion of sightseeing flights as and the National Park Service. The air tour ator is an existing commercial air tour operator. part of any travel arrangement package; or management plan shall be developed by means ‘‘(2) REQUIREMENTS AND LIMITATIONS.—In- ‘‘(G) whether the flight or flights in question of a public process, and the agencies shall de- terim operating authority granted under this would or would not have been canceled based velop information and analysis that explains subsection— on poor visibility of the surface. the conclusions that the agencies make in the ‘‘(A) shall provide annual authorization only ‘‘(2) COMMERCIAL AIR TOUR OPERATOR.—The application of the respective criteria. Such ex- for the greater of— term ‘commercial air tour operator’ means any planations shall be included in the Record of ‘‘(i) the number of flights used by the operator person who conducts a commercial air tour. Decision and may be subject to judicial review. to provide such tours within the 12-month pe- ‘‘(3) EXISTING COMMERCIAL AIR TOUR OPER- ‘‘(B) OBJECTIVE.—The objective of any air riod prior to the date of enactment of the Wen- ATOR.—The term ‘existing commercial air tour tour management plan shall be to develop ac- dell H. Ford National Air Transportation Sys- operator’ means a commercial air tour operator ceptable and effective measures to mitigate or tem Improvement Act of 1998; or that was actively engaged in the business of prevent the significant adverse impacts, if any, ‘‘(ii) the average number of flights per 12- providing commercial air tours over a national of commercial air tours upon the natural and month period used by the operator to provide park at any time during the 12-month period

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 6333 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10811 ending on the date of enactment of the Wendell resentative of the National Park Service shall leagues to call in within the next half H. Ford National Air Transportation System Im- serve alternating 1-year terms as chairman of hour or come over with any amend- provement Act of 1998. the advisory group, with the representative of ments they may have to this bill so ‘‘(4) NEW ENTRANT COMMERCIAL AIR TOUR OP- the Federal Aviation Administration serving ini- that we can get a unanimous consent ERATOR.—The term ‘new entrant commercial air tially until the end of the calendar year fol- tour operator’ means a commercial air tour oper- lowing the year in which the advisory group is agreement narrowed down on the ator that— first appointed. amendments to the bill. ‘‘(A) applies for operating authority as a com- (c) DUTIES.—The advisory group shall provide The amendments that I now under- mercial air tour operator for a national park; advice, information, and recommendations to stand would be pending are: McCain- and the Administrator and the Director— Ford amendment, which is a managers’ ‘‘(B) has not engaged in the business of pro- (1) on the implementation of this title; amendment, which is 10 minutes equal- viding commercial air tours over that national (2) on the designation of commonly accepted ly divided; a McCain amendment, park or those tribal lands in the 12-month pe- quiet aircraft technology for use in commercial which is relevant, 5 minutes equally di- riod preceding the application. air tours of national parks or tribal lands, vided; a Hollings amendment, relevant, ‘‘(5) COMMERCIAL AIR TOUR OPERATIONS.—The which will receive preferential treatment in a 5 minutes equally divided; a Gorton, term ‘commercial air tour operations’ means given air tour management plan; commercial air tour flight operations con- (3) on other measures that might be taken to relevant amendment, 5 minutes equally ducted— accommodate the interests of visitors to national divided; a Ford amendment, relevant, 5 ‘‘(A) over a national park or within 1⁄2 mile parks; and minutes equally divided; a Bingaman outside the boundary of any national park; (4) on such other national park or tribal amendment, overflights, bolster Native ‘‘(B) below a minimum altitude, determined by lands-related safety, environmental, and air Americans’ role, 30 minutes equally di- the Administrator in cooperation with the Direc- touring issues as the Administrator and the Di- vided; DeWine sense of Senate, 10 min- tor, above ground level (except solely for pur- rector may request. utes equally divided; Dorgan, regional poses of takeoff or landing, or necessary for safe (d) COMPENSATION; SUPPORT; FACA.— jet tax incentives, 2 hours equally di- operation of an aircraft as determined under the (1) COMPENSATION AND TRAVEL.—Members of rules and regulations of the Federal Aviation the advisory group who are not officers or em- vided; Dorgan, mandatory interline and Administration requiring the pilot-in-command ployees of the United States, while attending joint fair agreements, 2 hours equally to take action to ensure the safe operation of conferences or meetings of the group or other- divided; Faircloth, sense of the Senate, the aircraft); and wise engaged in its business, or while serving 5 minutes equally divided; Inhofe, FAA ‘‘(C) less than 1 mile laterally from any geo- away from their homes or regular places of busi- emergency revocation power, 10 min- graphic feature within the park (unless more ness, each member may be allowed travel ex- utes equally divided; Mikulski-Sar- than 1⁄2 mile outside the boundary). penses, including per diem in lieu of subsistence, banes—two amendments—Reagan Na- ‘‘(6) NATIONAL PARK.—The term ‘national as authorized by section 5703 of title 5, United tional Airport, slots and perimeter park’ means any unit of the National Park Sys- States Code, for persons in the Government serv- tem. ice employed intermittently. rule, 30 minutes equally divided; Roth, ‘‘(7) TRIBAL LANDS.—The term ‘tribal lands’ (2) ADMINISTRATIVE SUPPORT.—The Federal reintroduce title VIII to the bill, 5 min- means ‘Indian country’, as defined by section Aviation Administration and the National Park utes equally divided; Thompson, crimi- 1151 of title 18, United States Code, that is with- Service shall jointly furnish to the advisory nal penalties for airmen who fly with- in or abutting a national park. group clerical and other assistance. out a certificate, 10 minutes equally di- ‘‘(8) ADMINISTRATOR.—The term ‘Adminis- (3) NONAPPLICATION OF FACA.—Section 14 of vided; Torricelli, Quiet Communities trator’ means the Administrator of the Federal the Federal Advisory Committee Act (5 U.S.C. Act, S. 951, 1 hour equally divided; Aviation Administration. App.) does not apply to the advisory group. D’Amato-Moynihan, DOT issue 70 slot ‘‘(9) DIRECTOR.—The term ‘Director’ means (e) REPORT.—The Administrator and the Di- the Director of the National Park Service.’’. rector shall jointly report to the Congress within exemptions at JFK Airport, 10 minutes (b) EXEMPTIONS.— 24 months after the date of enactment of this equally divided; Lott-Frist-Moynihan, (1) GRAND CANYON.—Section 40125 of title 49, Act on the success of this title in providing in- limit eligible airport size for regional United States Code, as added by subsection (a), centives for quiet aircraft technology. jet section and Reagan National com- does not apply to— SEC. 704. OVERFLIGHT FEE REPORT. muter slots, 10 minutes equally di- (A) the Grand Canyon National Park; or Not later than 180 days after the date of en- vided; Reed of Rhode Island, noise at (B) Indian country within or abutting the actment of this Act, the Administrator of the Rhode Island airport, 15 minutes equal- Grand Canyon National Park. Federal Aviation Administration shall transmit (2) ALASKA.—The provisions of this title and ly divided; Reed of Rhode Island, cost- to Congress a report on the effects proposed section 40125 of title 49, United States Code, as sharing notice, 15 minutes equally di- overflight fees are likely to have on the commer- added by subsection (a), do not apply to any vided; Robb, Reagan National Airport, cial air tour industry. The report shall include, land or waters located in Alaska. but shall not be limited to— slots and perimeter rule, 1 hour equally (c) CLERICAL AMENDMENT.—The table of sec- (1) the viability of a tax credit for the commer- divided; Snowe, handicapped access tions for chapter 401 is amended by adding at cial air tour operators equal to the amount of violations, increase civil penalty, 10 the end thereof the following: the proposed fee charged by the National Park minutes equally divided; Snowe, com- ‘‘40126. Overflights of national parks.’’. Service; and munity air service grants, regional dis- SEC. 703. ADVISORY GROUP. (2) the financial effects proposed offsets are tribution, 10 minutes equally divided; (a) ESTABLISHMENT.—Not later than 1 year likely to have on Federal Aviation Administra- Warner, prohibit new Reagan National after the date of enactment of this Act, the Ad- tion budgets and appropriations. slots and perimeter rule exemptions ministrator of the Federal Aviation Administra- TITLE VIII—AVIATION TRUST FUND until Washington Metropolitan Airport tion and the Director of the National Park Serv- AMENDMENTS ice shall jointly establish an advisory group to Authority nominees confirmed by the provide continuing advice and counsel with re- SEC. 801. AMENDMENTS TO THE AIRPORT AND Senate, 1 hour equally divided; Warner, AIRWAY TRUST FUND. spect to the operation of commercial air tours notice, comment, and hearings before Section 9502(d)(1) of the Internal Revenue over and near national parks. Code of 1986 (relating to expenditures from Air- proceeding with Reagan National slots (b) MEMBERSHIP.— port and Airway Trust Fund) is amended— and perimeter rule exemptions. (1) IN GENERAL.—The advisory group shall be (1) by striking ‘‘1998,’’ and inserting ‘‘2002,’’; If there are additional amendments composed of— and to the bill, I would urge my colleagues (A) a balanced group of — (2) by striking ‘‘1996;’’ in subparagraph (A) to send them over so that sometime (i) representatives of general aviation; and inserting ‘‘1996, or the Wendell H. Ford Na- (ii) representatives of commercial air tour op- within the next hour we could try to tional Air Transportation System Improvement erators; initially propose a unanimous consent Act of 1998;’’. (iii) representatives of environmental con- agreement at least to narrow down the cerns; and Mr. MCCAIN addressed the Chair. list of amendments. (iv) representatives of Indian tribes; The PRESIDING OFFICER. The Sen- Madam President, I want to make (B) a representative of the Federal Aviation ator from Arizona is recognized. clear to my colleagues the importance Administration; and Mr. MCCAIN. Madam President, since of this legislation and why we need to (C) a representative of the National Park Senator FORD is not here yet, I will not resolve it as quickly as we possibly Service. ask for a unanimous consent agree- can. Today is the 23rd of September, (2) EX-OFFICIO MEMBERS.—The Administrator and the Director shall serve as ex-officio mem- ment because I believe he would object 1998. If we do not get a bill into con- bers. at this time. But what I do want to do ference and back and passed by the 1st (3) CHAIRPERSON.—The representative of the is go over the pending amendments, as of October, at least $2 billion worth of Federal Aviation Administration and the rep- I know what they are, and urge my col- moneys out of the airport trust fund/

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10812 CONGRESSIONAL RECORD — SENATE September 23, 1998 aviation trust fund will not be allowed sions have helped secure our airlines Chicago’s O’Hare Airport. Due to con- to move forward, and also there are and airports, the legislation before us cerns raised by some Senators, how- many letters of intent that entail hun- builds upon the security foundation we ever, I have worked on a compromise dreds of millions more. established 2 years ago. regarding additional flights at O’Hare. Madam President, we all know how Madam President, S. 2279 legislation Under the agreement which is included important aviation is to America. We also includes several provisions to en- in the managers amendment we are of- all know how important it is for us to hance competition in the airline indus- fering today, the Secretary of Trans- move forward with the ever growing air try. On October 29, 1997, I introduced portation would be directed to allocate traffic in the United States of America. the Aviation Competition Enhance- 30 new daily take-off and landing slots Madam President, I rise in support of ment Act of 1997, S. 1331. The purpose over the next three years. Specifically, S. 2279, the Wendell H. Ford National of this bill was to further deregulate eighteen slots would provide service to Air Transportation System Improve- our domestic aviation system for the under-served communities, and twelve ment Act of 1998. Today, I will be offer- the benefit of travelers and commu- slots would be available for general dis- ing a manager’s amendment to the bill nities, by promoting more convenient tribution. as reported by the Commerce Com- options and competitive air fares for I would now like to address those mittee on July 14, 1998. This bill, as travelers. According to the General Ac- members of the Senate who have con- modified by the manager’s amendment, counting Office report of October 1996, cerns about the possible increase in has the support of Committee Ranking several factors have limited entry at noise at O’Hare and Reagan National Member Senator HOLLINGS, Aviation many airports. These factors include due to the increase in slots. The air- Subcommittee Chairman GORTON, the dominance of routes to and from craft that operate in these new slots Aviation Subcommittee Ranking Mem- the four slot controlled airports by one would be required to operated Stage 3 ber Senator FORD, and myself. As I in- or two established airlines. In April aircraft only. Stage 3 aircraft is the dicated on the floor last week, this is a 1996, the Department of Transportation quietest technology available today. ‘‘must-pass’’ piece of legislation which conducted a study that estimated that The entire domestic fleet is in the includes critical aviation projects such almost 40 percent of domestic pas- process of converting from Stage 2 air- as safety, security, capacity and noise sengers traveled in markets with low craft to the significantly quieter Stage projects at airports across the Nation. fare competition, saving consumers an 3 aircraft. Currently, the fleet is 75 per- Madam President, if the Congress estimated $6.3 billion annually in air- cent Stage 3. By 2000, thanks to legisla- does not pass legislation to reauthorize line fares. tion previously passed, it must become the programs of the Federal Aviation Due to the interest of other Senators 100 percent Stage 3. Once the fleet be- Administration (FAA), the FAA will be to increase competition in the airline comes 100 percent Stage 3, the noise prohibited from issuing grants to air- industry, I worked with Senators FRIST impact on areas surrounding airports ports in every state, regardless of and LOTT on a substitute to Senator will drop significantly. whether the transportation appropria- FRIST’S competition legislation, S. At Reagan National, the FAA has al- tions bill is signed into law. Therefore, 1353, which the Commerce Committee ready stated that the phaseout of we must act to reauthorize the pro- also reported out of Committee on July Stage 2 aircraft will have a significant grams of the FAA before we leave this 14, 1998. These provisions are also in- impact on noise at the airport. There- year. cluded in the bill that is now before us. fore, adding a few more flights of quiet- I would like to highlight three areas The competition provisions—and I er Stage 3 aircraft certainly should not of importance which this bill addresses. would like to again give great credit to cause noise levels to approach what First and foremost, it reauthorizes the Senators FRIST and LOTT—have three they are today. FAA and Airport Improvement Pro- main elements. First, they would pro- At O’Hare, before granting any of the gram, AIP. Second, the bill contains vide slot exemptions for nonstop re- exemptions, the Secretary is to study essential provisions to promote a com- gional jets to fly to and from so-called and report on the environmental con- petitive aviation industry. Last but underserved communities and the four siderations that are associated with not least, it will protect the environ- slot-controlled airports—Reagan Na- the flights that would utilize the addi- ment in our national parks from the tional, O’Hare, LaGuardia, and JFK— tional exemptions, including deter- harmful effects of excessive commer- would create 12 new round-trip flights mining that there is no significant in- cial air tour overflights. I have worked at Ronald Reagan Washington National crease in noise. I want to repeat: in- long and hard on all of these issues. Airport, and provide limited exemp- cluding the Secretary must determine And many of these long and hard times tions to the perimeter rule at Reagan that there is no significant increase in have been spent with Senator FORD, National and finally, would add addi- noise. The Secretary must certify that the Senator from Kentucky. tional slots at Chicago O’Hare. I will sufficient capacity is available at This bill provides a two-year author- comment on each of these provisions. O’Hare to accommodate the additional ization for most programs of the FAA The slot exemptions for nonstop re- flights, and that the exemptions can be including FAA Operations, Facilities gional jets must be approved by the used safely. and Equipment, and AIP, the Airport Secretary of Transportation for service Prior to issuing any of the slot ex- Improvement Plan. Research, Engi- between a nonhub airport and a small emptions, the Secretary is to provide neering and Development (RE&D) pro- hub airport and the high density air- 30-days public notice in the Federal grams have already been authorized for ports which are O’Hare, LaGuardia, Register. Furthermore, the Secretary FY 1999 by separate legislation that and JFK. is to consult with local officials on the was signed into law on February 11, At Reagan National, the legislation noise and environmental issues sur- 1998. S. 2279 authorizes the AIP at $2.4 would create 6 new daily round-trip rounding granting of the exemptions. billion for Fiscal Year 1999. flights beyond the 1,250-mile perimeter, At the end of three years, the Sec- The legislation also includes funding a federally imposed restriction, and 6 retary will again study and report on for aviation security. Two years ago, new daily round-trip flights to under- how safety, the environment, noise, ac- the Congress passed the 1996 FAA reau- served markets within the perimeter. cess to underserved markets through- thorization bill which contained nu- Carriers can only use Stage 3 aircraft out the country, and competition at merous provisions designed to improve that meet strict noise requirements in Chicago O’Hare have been impacted by security at our nation’s airlines and the new slots. The new service will re- the new exemptions. airports. These provisions included ac- sult in only one or two new flights per Meanwhile, the revised bill will di- celerating deployment of the latest ex- hour at the airport. rect the Secretary to study and report plosive detection systems; enhancing At Chicago O’Hare, the legislation as on the community noise levels in the passenger screening processes; requir- reported by the Commerce Committee areas surrounding the four high den- ing criminal history record checks on would provide discretionary authority sity airports O’Hare, Reagan National, screeners; and requiring regular joint to the Secretary of Transportation to LaGuardia and JFK, once the national threat assessments and testing baggage convert up to 100 unused military slots 100-percent State 3 requirement comes match procedures. While these provi- to air-carrier slots over three years at into effect in 2000. Among other things,

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10813 the report is to compare community issue is particularly troublesome be- lion per year. It is so important, as the noise levels since enactment of the cause it involves taking advantage of chairman has said, that we work hard Stage 3 aircraft fleet requirements in an industry the FAA is responsible for and quickly on this bill so that we the 1990 Airport Noise and Capacity regulating. Therefore, I urged the FAA might pass it prior to adjournment. I Act. The report will also offer sugges- to take every action to stop the abuse would hate to see this piece of legisla- tions on improving the noise impact of of these programs and establish guide- tion caught up in a continuing resolu- these airports. lines for their proper use. tion that would generally turn into a In summary, Madam President, this It is my understanding that the FAA, ‘‘Christmas tree.’’ legislation represents over a year’s working with the DOT–IG, has set forth So, Madam President, before us work by the Commerce Committee and a plan to take decisive action to pre- today is S. 2279, a bill that my good the Aviation Subcommittee. I cannot vent further abuse of familiarization friend, Senator TED STEVENS, and this overemphasize the need to move quick- programs. I hope that changes are im- committee named after me. I hope hav- ly on this bill. As the end of the second plemented immediately. I will continue ing that name on it won’t prevent it session of the 105th Congress comes to to follow this issue very closely. from moving expeditiously. It is an an end, we cannot run the risk of the Madam President, my message to the honor to have a piece of legislation bill getting caught up in unrelated, po- FAA is we should not have to pass a named after a Member, and I thank the litically-charged issues. This bill will law in order to prevent the abuse of a Senator from Alaska for his friendship have to be conferenced with the House, relatively important training program. and his kindness. and we need to take the time to move Clean up your act and restore the Con- As many of my colleagues know, this through the appropriate process. gress’ and the American people’s con- bill is a ‘‘must’’ pass bill. Without it, Before I conclude my remarks, I fidence in this program or we will have the FAA and our nation’s airports can would like to comment on an impor- to act. Sometimes when we act legisla- not continue to build to meet future tant issue that is not being addressed tively there are unintended con- needs. I have watched over my career in this bill—although I considered of- sequences, as well as intended con- as airports in Louisville, Cincinnati, fering an amendment on the subject. sequences. Owensboro, Hazard and may other The issue concerns the abuse of famil- Returning to the matter of the legis- places in my State, have benefited iarization training programs at the lation at hand, I urge all of my col- from the work of the FAA. We all have FAA. Such programs authorize FAA leagues to support passage of S. 2279. seen the growth in aviation throughout employees to have free access to cock- We cannot adjourn for the year with- the country and, yes, throughout the pit or cabin seating on commercial out taking final action on this impor- world. Denver, for example, was a pipe flights. Cockpit access is designed to tant legislation. If we fail to act, the dream for many years. Today, it is a provide these employees an oppor- FAA’s hands will be tied and they will vital part of the aviation system. tunity to gain firsthand experience in be unable to address needed security Past Administrators, like Linda the operational characteristics of var- and safety issues in every State in the Daschle, and Secretaries, like Sam ious types of aircraft, to directly inter- Nation. Skinner, have also realized how crit- face with cockpit crews and air traffic Madam President, about a week ago I ical aviation is to our economy. In controllers, and to gain insight into included in the RECORD the amounts of naming these two individuals, I do not the FAA’s systems’ performance. money that will be allocated to each mean to exclude the many fine individ- A February 1996 audit by the Depart- State to take care of or begin to ad- uals who have held those posts. ment of Transportation’s Office of In- dress many of their aviation require- The Administrator today, Jane Gar- spector General found that some FAA ments. At a later time, I will include vey, and the Secretary, Rodney Slater, employees violated standards of ethical that again in the RECORD. have seen first hand how important conduct by using their familiarization The last thing we want is a disrup- airport improvements are to our com- privileges to fulfill personal travel tion of not only the funding, but also munities. agendas and take vacations. The IG es- the ongoing safety measures that are a I had hoped, in my last FAA reau- sentially found that FAA oversight and part of this bill and that are a follow- thorization bill, that we could have control of the familiarization programs on to the legislation that the Senator done more. In 1996, along with Senator was inadequate. Despite the fact that from Kentucky had to deal with a cou- MCCAIN and others, we tried to set a the IG recommended that the FAA es- ple years ago. course to reforming the FAA. We tablish stronger guidelines and inter- I urge my colleagues, again, to call in worked through difficult issues to- nal controls with regard to these train- their amendments. We will include gether, and produced a good road map ing programs, it is my understanding them in a unanimous consent agree- for the FAA. One piece remains miss- that they still are not adequately man- ment which we will try to propound. I ing—funding. There will be options aged. understand that there is an important that will be debated next year—a fee Despite my concerns, I am not call- function this evening which will re- system, taking the Airport and Air- ing for elimination of appropriate quire the Senate to go out around 6 ways Trust Fund off budget, or keeping training programs that provide valu- o’clock. I would like to try, at the the current system. As long as you can able insight and experience for FAA least, to get our agenda refined by that ensure that the FAA has the money it employees. Taxpayers simply want to time. needs to modernize and meet the future be assured that such program are being I know that the Senator from Ken- needs of the traveling public, you will used only for legitimate training pur- tucky has remarks, so I yield the floor. succeed. poses and not being abused for personal Mr. FORD addressed the Chair. Today, we will lay down a managers’ gain, by managers and controllers The PRESIDING OFFICER. The Sen- amendment. We have been working on alike. Unfortunately, the ride-along ator from Kentucky is recognized. it ever since the FAA bill was reported privilege seems to have evolved from a Mr. FORD. I thank my friend, Sen- by the Commerce Committee. Many legitimate training tool into a per- ator MCCAIN, chairman of the Com- issues of concern of the Members have sonnel perk that is easily subject to merce, Science, and Transportation been addressed. Some remain unre- abuse. Committee. I compliment him on his solved. I recently wrote to Secretary Slater remarks. I think he fully and fairly ex- I want to make clear that there are a and Administrator Garvey about this plained the legislation that is before few provisions that still need some matter. I strongly urged the FAA to re- the Senate. One of the things I want to work. Clarification of intent will be view each of the recommendations con- reiterate that he stated is that every important. tained in the 1996 IG report. Without State in this Nation has a vital part in The bill today does two critical strong oversight and control of these this piece of legislation as it relates to things—it gives the FAA a road map to familiarization programs, they will re- air transportation, not only domesti- improve safety and to make sure that main open to abuse. It is inappropriate cally but internationally. It is impor- communities that have not benefitted for FAA employees to use these train- tant. We are talking, I think, in the from airline deregulation have a ing programs for personal travel. This neighborhood of approximately $10 bil- chance to improve airline services.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10814 CONGRESSIONAL RECORD — SENATE September 23, 1998 I have heard the Chair’s distin- it, of those that we will be considering gardless of the legitimacy of Napo- guished colleague, who is on our Com- in the next 24 hours. leon’s remark, ‘‘a silk stocking filled merce Committee, talk about the air Madam President, I thank the chair- with mud’’ is exactly my expectation transportation problems in small com- man for his courtesy and the time. I of what would result from the provi- munities in their area. I am hopeful yield the floor. sions of the trade bill reported by the that in this piece of legislation we Mr. MCCAIN. Madam President, Senate Finance Committee. The bill’s moved in the right direction to help again, I thank the Senator from Ken- supporters have proclaimed a trade those communities that have not bene- tucky. I argue that if I possess any leg- package promising lucrative U.S. eco- fited from airline deregulation and islative skills, a major part of the rea- nomic gains, and have tried to stake have a chance to improve their serv- son for that is that I learned from a out a claim to the moral high ground ices. I will talk more about the small master for several years. I was privi- in the name of free trade. The rhetoric community needs later. leged to serve as the ranking member may extol a very pretty package, in- As I said earlier, I think Senator of the Aviation Subcommittee of which deed, but, I am not sold by packaging. MCCAIN explained the bill very well and the distinguished Senator from Ken- American workers simply cannot af- very fairly. I am hopeful that col- tucky was the chairman. I watched the ford pleasing packaged rhetoric that in leagues on my side will be more than Senator from Kentucky masterfully, reality might leave them in an uphill willing to accept the managers’ amend- with enormous skill and bipartisan- fight, through an international thick- ment and will be Henry Clay-like—that ship, pass several pieces of landmark et, to save their jobs. is, in the mood of compromise—as we legislation. He did it in a way that I In addition to the certainty that cur- move into the amendments that are will always remember, and he did it rent fast-track trade negotiating au- not quite ready to be agreed to. even though issues may have been thority offers no guarantee to the aver- I am hopeful that we will be limited rather controversial, and he did it age American worker, my colleagues to maybe five or six votes and then without rancor. I believe that the con- should take heed that, likewise, no cer- final passage. If we can do that, then tributions that he has made to aviation tainty exists that rosy international that will be a real victory for the legis- in America will be remembered long economic predictions linked to fast- lative process. I want to express a spe- past his time here in the U.S. Senate. track authority would come true. Take cial thanks to the staff on both sides Madam President, we do have a man- a look at the current global economic who have worked so hard since this bill agers’ amendment, which I will bring crisis. There are no guarantees. was introduced to work out many of forward in just a minute, as we at- I have listened to my colleagues who the amendments that were being pro- tempt to get amendments. By the way, urge support of the fast-track process, posed and suggested. I also know that there are Members, but I cannot, and I will not, vote to un- I think we come today with a pack- especially from the States of Mary- dermine a responsibility assigned to age that is almost there. I am sure that land, Virginia, Illinois and New York, Congress through the Constitution. once we get into the five or six amend- who have very strongly held views on That responsibility is ‘‘to regulate ments that might be contentious, we this issue, and I welcome their pres- Commerce with foreign Nations’’ and will be able to work it out. Even now, ence on the floor to help educate me to ‘‘lay and collect * * * Duties, Im- as we are bringing this piece of legisla- and Senator FORD further on their posts and Excises’’—a responsibility tion to the floor, staff are working to views and the impact of this legislation that this legislation appears bent on see if they can reach an agreement on on their airports and surrounding com- diminishing. the final pieces of legislation. I agree munities. Clearly, under the Constitution, the with my colleague, Senator MCCAIN, Mr. FORD. Madam President, I sug- Senate is to have a meaningful role in that we are hopeful that between now gest the absence of a quorum. trade negotiations. Likely, the Found- and roughly 6 p.m., we will know how The PRESIDING OFFICER. The ing Fathers recognized the different in- many amendments will be brought to clerk will call the roll. stitutional interests that affect trade this piece of legislation, how many The assistant legislative clerk pro- negotiations and, thus, crafted provi- would need a vote, and how many we ceeded to call the roll. sions to provide checks and balances to would need to discuss. We are hopeful Mr. BYRD. Madam President, I ask ensure that the broad interests of the that we can be very close at the end of unanimous consent that the order for states—and the people—are protected. the day to getting this bill prepared to the quorum call be rescinded. By side-stepping the Senate’s author- pass here tomorrow and send it to con- The PRESIDING OFFICER. Without ity in trade negotiations, we are cir- ference, so that we can include this objection, it is so ordered. cumventing the framework set up by must-pass bill in our agenda before we Mr. BYRD addressed the Chair. the Founders to help guarantee that leave here somewhere around October The PRESIDING OFFICER. The Sen- the total national interest is met. We 9. ator from West Virginia is recognized. are playing dangerously with the basic Again, I thank my colleague for all of f premises that underlie our system of his hard work. He is a pretty tenacious checks and balances, and separation of OUR CONSTITUTIONAL RESPONSI- fellow. When there are things that he powers. believes should be done, even though he BILITY TO AMERICA’S WORKING I note that many of my colleagues may not have a majority with him at FAMILIES feel that the fast-track legislation that time, look out, here he comes. So Mr. BYRD. Madam President, once under consideration sufficiently revises we are down to five or six amendments, again, I come to the floor to express past trade negotiating authority to en- I believe, and we are still working to my opposition to fast-track procedures. sure that Congress’ constitutional role try to see if an accommodation can be Fast-track procedures were soundly de- in the regulation of foreign trade is made, because when we are talking feated last year by this body, but were preserved. Particularly, in this regard, about the transportation and the in- resurrected by the Senate Finance supporters are touting the bill’s beefed- dustrial development, those things are Committee as part of a trade bill re- up notice and consultation provisions so important to this country and our ported under its jurisdiction. as achieving the proper balance of ability to move in the international In reviewing the trade bill reported power between the executive and legis- sphere that we must pass this bill be- by the Senate Finance Committee, I lative branches of government. fore we leave here. am reminded of a remark attributed to I am supportive of continuous dia- So I am ready to work. I will meet Napoleon in referring to one time po- logue between the Administration and with our colleagues any time. Our litical-supporter-turned-foe, Charles the Congress throughout any trade ne- staffs are prepared to meet, and we will Maurice de Talleyrand-Pe´rigord. Pur- gotiating process. That would seem do whatever is necessary to spend the portedly, Napoleon referenced like a commonsense approach to me. time to work out these final few Talleyrand as ‘‘a silk stocking filled But guidelines and cursory oversight amendments. Before we leave here this with mud,’’ believing that Talleyrand’s provisions simply do not fulfill the afternoon, I look forward to having costume and charm covered nothing Senate’s constitutional role in foreign some kind of a finite list, if we can get but light-mindedness and egotism. Re- trade, and these new consultation and

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10815 notification provisions can not over- that the Senate ought to be the arbiter hard for their money, very hard indeed. shadow the bill’s basic shortcomings. over every little, teensy-weensy item They labor in the coal mines, on small That basic flaw is that the Congress in a trade agreement. I am not sug- family-operated farms, in steel, glass through this measure hands the Presi- gesting that at all. Obviously, we can’t or chemical manufacturing plants. dent broad authority to initiate, nego- do that. But to say that the Senate These hard-working families deserve a tiate, and present trade agreements to cannot amend, can offer no amend- fair slice of the pie. These and other the Congress. The Congress must then ments is off the track. To me that American workers elected the various consider those agreements by an up-or- doesn’t comport with the Constitution members of this body to look after down vote with little or no debate and which provides that the Senate may their interests in national trade mat- no opportunity to offer amendments. offer amendments to bills. ters. Senators simply cannot ade- That is where we get off the track. Trade agreements, in principle as quately fulfill this obligation under They may call it the fast-track proc- well as in practice, always have win- fast-track procedures. ess. But that is where we leave the con- ners and losers. I believe the under- The Constitution established a sys- stitutional track. That is where we lying issue for the average American tem of government that has served the leave the track, which under the Con- worker is precisely who benefits most United States well for over 200 years. It stitution, says that the Senate has the from our trade negotiations. I believe created a nation filled with the prom- right to offer amendments. that the average American worker per- ise of opportunity for all. It is our duty While the Members on the commit- ceives that a select few U.S. industries to do our best to make certain that the tees of jurisdiction may have the op- keep winning, while other domestic in- interests of every American are consid- portunity to influence and develop the dustries keep losing, and that the ered when it comes to matters of trade. We live in an increasingly globalized implementing legislation, for all prac- promised ‘‘trickle down’’ of benefits world economy. I am not a protec- tical purposes, this bill obliterates the from the winners to the losers never tionist and I am not against fair and voices of most of the Members of Con- actually trickles. free trade. But I would vote to preserve gress when it comes to international Some will say that the benefits have not yet had time to trickle down. But the Senate’s essential role in its right trade agreements. to amend bills and in regulating for- The Constitution says that revenue data available today demonstrate a eign commerce. I would vote against measures shall originate in the House most distressing trend toward U.S. in- fast-track procedures, as I have in the of Representatives but that the Senate come inequality. That is: the rich keep getting richer and the poor keep get- past, procedures that camouflage pro- may amend as on other bills. But here ting poorer. Under fast-track rules, visions that simply might not be ac- in this so-called fast track, the agree- Senators cannot challenge trade provi- ceptable to the majority of Americans. ment is presented to the Senate to ac- sions that appear inappropriate or un- I urge my colleagues to carefully cept—up or down, with no amendments fair. They cannot question trade provi- consider the institutional and practical in order. sions which seem to contain juicy deals problems that fast track presents. The Take it all or nothing. Frankly, I for specific industries or companies, Constitution is clear: Congress is as- have little faith that consultations but hold few guarantees for the average signed the power ‘‘to regulate Com- with the administration will have American worker just trying to make merce with foreign Nations: and to much impact—this or any other admin- ends meet, take care of family respon- ‘‘lay and collect duties, imposts and ex- istration, if we are to be guided by re- sibilities, and save a little bit for re- cises.’’ cent administrations. tirement. The Constitution is also clear on the Such consultations—with this or any Thus, it should be no mystery to point that the Senate has the power administration—usually do not yield Members of Congress as to why the and the right to amend legislation that significant results. They have not thus American public is increasingly skep- comes before this body. far, in recent years certainly. tical about our trade policies. During Let us not again so easily relinquish So consult and notify as you will, but the NAFTA debate there were promises our constitutional power when it I am well aware of the likelihood that that the agreement would create lucra- comes to issues of such importance to the President will sign an agreement, tive economic gains for Americans—all American working families. an implementing bill will stealthily Americans. American workers remem- I suggest the absence of a quorum. materialize, and Senators will be pro- ber this promise, and they have judged The PRESIDING OFFICER. The vided with an immense document that the promised gains have not mate- clerk will call the roll. The assistant legislative clerk pro- which they have little ability to rialized. change. We need to wise up. Our trade nego- ceeded to call the roll. Mr. GREGG. Madam President, I ask It is take it or leave it. This is where tiators are under strong pressures from unanimous consent that the order for we leave the track. This is where we certain influential industry sectors in the quorum call be rescinded. part company as far as I am concerned. our economy to negotiate deals which Under this bill, Senators’ ‘‘meaning- The PRESIDING OFFICER. Without benefit them. To achieve these deals, objection, it is so ordered. ful’’ role in trade pacts will continue to our negotiators often offer our trading be a yes-or-no vote on legislation that Mr. GREGG. I ask unanimous con- partners concessions, such as tariff re- sent to speak as in morning business can affect millions of American work- ductions that adversely affect less in- ers and their communities. for a period of 5 minutes. fluential U.S. industries. Such conces- The PRESIDING OFFICER. Without Perhaps I would be more enthusiastic sions, I believe, are not usually prop- objection, it is so ordered. about fast-track procedures if I be- erly reviewed. Too often, the benefits Mr. FORD. Reserving the right to ob- lieved that past trade agreements im- achieved in our trade agreements are ject, how much time? plemented under fast-track rules were insignificant compared with the costs Mr. GREGG. Five minutes. beneficial to the nation as a whole. to the individual workers, and the The PRESIDING OFFICER. Without Regrettably, I believe that past total costs to the economy. Worse, objection, the Senator from New agreements, such as the North Amer- many of the negotiated provisions to Hampshire is recognized. ican Free Trade Agreement, NAFTA, benefit U.S. industries fail to mate- f which I voted against, have poorly rep- rialize because our trading partners resented the concerns of the average fail to implement the promised re- BUDGET DISCIPLINE American worker. forms. Mr. GREGG. Madam President, I By eroding the carefully crafted Therefore, we end up imposing enor- wanted to return to the floor; I have checks and balances provided under the mous costs on various groups and seg- spoken about this issue before, but I Constitution, our current trade policy ments of our economy and wind up wanted to continue to raise the issue poorly represents the broader interests with nothing to show for the damage. because as we move into the final of American society. We end up with that pretty silk stock- weeks of this session of the Congress, it Why can’t the Senate be given an op- ing filled with worthless mud. is one of the core issues we have to ad- portunity to at least offer 1 or 2 or 3 or Average American workers live in dress; that is, the question of budget 4 amendments? I am not suggesting my state of West Virginia. They work discipline as a Congress.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10816 CONGRESSIONAL RECORD — SENATE September 23, 1998 It has taken us a long time—29 years, What are these emergencies? One of budget process through an emergency I believe—to get to a surplus, but this the emergencies is that the year 2000 is supplemental. We are hearing with year we finally have a surplus. The coming. As my colleague from North crocodile tears, I think, a lot of talk American people place great faith in Carolina, Senator FAIRCLOTH, who hap- from the leader of the other body and that and appreciation in that, and we pens to be one of the more original from the Vice President, and even the as a Congress, obviously, are proud of folks around here, said: Are we just President to some degree, that any tax the fact we finally reached a surplus. It suddenly learning that the year 2000 is cut would be an attack on the Social was done as a result of a lot of hard coming? That is hardly an emergency. Security trust fund because any tax work. We made some difficult deci- We know and we have known for a long cut would come out of surplus and thus sions. We tightened down on the spend- time that the year 2000 is coming. would be taken from the Social Secu- ing of the Federal Government and we Thus, the additional $3 billion to ad- rity trust fund. That is the mantra, especially maintained fiscal discipline dress that is not an emergency. It now, of the political operatives of this here in the Congress. We did that should have been budgeted for. world who work for the Democratic through the use of what are known as Another emergency is Bosnia. Did we Party, the James Carvilles. That is caps. We set a budget in place, we had suddenly find out that we are in Bos- what they are going to try to label Re- a 5-year budget agreement with the nia? No. We have known we have been publicans: ‘‘You are going to cut taxes President last year, and it has led us on in Bosnia for quite a while. Obviously, and you are going to cut Social Secu- a glidepath to a surplus. The key to that is not an emergency. rity, because that’s going to come out that budget agreement was that we set Another emergency happens to be the of the surplus.’’ spending limits. We said: ‘‘We shall not farm program. Originally it was asking What is good for the goose is good for exceed those spending limits.’’ for $2 billion in emergency spending. the gander. If that is the case when the Unfortunately, as we move towards Now it is up to $4 billion. The leader on President sends up here a $20 billion the closing days of this Congress, we the other side wants to make it $7 bil- supplemental request, many of which appear to be at the point of almost say- lion. I have to tell you, every year that are not emergencies but which are pre- ing that the caps are irrelevant, that I have been in the Congress the farm dictable events—like the year 2000, like the disciplining effects which they had program has come to us and asked for the agricultural situation, like Bosnia, which got us to this surplus are going an emergency spending bill. There is no like the defense issues—if they are to be cast overboard. That is because emergency here, other than the fact going to send that amount of money up we have something coming at us called that that is the way the money gets and ask that it come out of the emer- an emergency supplemental. gency supplemental funding process, An emergency supplemental is not an spent—outside of the budget process. We all know that certain areas of this which means it comes directly out of emergency, it is simply a bunch of the surplus, that also is an attack on spending which is going to be done out- country every year are going to have problems with their farm program. It is Social Security in the same context as side the budget process, independent of a tax cut on the Social Security trust the caps. On top of the spending which simply a function of weather and fac- tors like weather. In this case, it is a fund. You can’t have it both ways, Mr. we said we would make, we are going President and members of the adminis- to add new spending. It is as if you function of the international economy going flat. But every year we have this. tration. You can’t be saying a tax re- were running a household and you had duction has an impact on Social Secu- income of $100 a week and you set your It is a predictable event, so it is not an emergency. It is something that we rity but the emergency supplemental spending on your grocery bills and doesn’t. They both do, because the sur- your electric bills so they would meet should be anticipating. Then we hear also that the President plus is a function of excess tax revenue that $100. And then suddenly you said, coming in under the Social Security ‘‘I happened to make $110 this week so is going to come forward with emer- gency spending for defense. Clearly, de- trust fund. I am going to spend $110—well, no, What should we do? The proper fiscal maybe I’ll spend $120. I am not going to fense needs more money. It is rather unusual that the President should be thing to do is to offset this funding, limit my spending by what I had origi- these expenditures which we are going nally planned, I am simply going to saying this, because for the last 6 years he has essentially tried to cut defense to undertake on the emergency supple- raise it arbitrarily.’’ mental. Granted, we can’t do it all, I and increase spending on all the other That is what is happening here. We accept that, but we should certainly programs in the Federal Government are using a vehicle called an emer- offset a large percentage of it. So be- on the back of defense, and now it sud- gency supplemental to arbitrarily in- fore we come out here and hemorrhage denly becomes an emergency that he crease the spending of the Federal Gov- the discipline that got us to a surplus, has figured out that after 6 years he ernment. The projection now is that we undermining the core elements that has cut defense so dramatically that it are going to have an emergency supple- gave us fiscal solvency as a Nation for is in a horrendous situation and we are mental somewhere in the vicinity of the first time in 29 years, I think we basically heading towards a military $20 billion. That is a lot of money. That should pause and think about that and establishment which may be a shell, is going to have a very dramatic im- say, ‘‘Listen, maybe we ought to step pact on the surplus, because the sur- which may not be able to deliver the back, try to figure out a way to pay for plus is projected to be not a great deal defense of the United States. this supplemental so we don’t under- That may be an emergency in the higher than $20 billion. It could lit- mine the budget process and undermine sense that it is a clear threat to this erally, depending on the economic ef- the surplus and, to some degree, under- country, but from a fiscal standpoint it fects of the Asian situation and the mine the Social Security trust fund. slowdown of the American economy, it was a known action which was taken Madam President, I yield the floor. could literally slow down arriving at by this administration over the last 6 Mr. FORD addressed the Chair. the surplus if we spend $20 billion more years, to savage the defense budget, The PRESIDING OFFICER. The Sen- than we budgeted for, to exceed the which has led us to this point. If it is ator from Kentucky. caps in that way. the desire of the administration to sud- Mr. FORD. Madam President, I ap- Why does it get designated as an denly increase defense funding, they preciate the remarks of the Senator emergency? It gets designated as an should do it within the context of the from New Hampshire. Many of the emergency because, if it didn’t get des- budget process and take money from economists give credit for the financial ignated as an emergency, it would be some of their beloved programs for position of this country to the Presi- subject to a point of order and you which they have moved money out of dent and those who voted for the 1993 would have to get 60 votes in order to defense and into those programs—take Budget Act, for which not a one on the spend it. But if it is designated as an it back from those beloved programs side of the Senator from New Hamp- emergency, it does not get hit with a and put it back in defense spending so shire voted. point of order and therefore it can be this country is adequately defended. Secondly, the CBO, which is an ap- spent with just a majority of Congress So the fact is, as we head towards the pointment of the majority party, has supporting it. So the budget discipline closing days of this session, we con- said there will only be a $31 billion sur- is lifted off. front a potential hemorrhaging of the plus in the general fund at the end of 10

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10817 years. He is partially right in saying if WENDELL H. FORD NATIONAL AIR completing this bill by tomorrow we have an emergency supplemental TRANSPORTATION SYSTEM IM- evening. that it would come from the surplus, PROVEMENT ACT OF 1998 I want to put my colleagues on no- which is basically Social Security. Any The Senate continued with the con- tice. We have been working on this bill for a long, long time. If there are not tax break that is given comes from So- sideration of the bill. Members who come to the floor to pro- cial Security. I think whatever we Mr. MCCAIN. Mr. President, I say to pose their amendments, then I will might believe about the President, if a my friend from Kentucky, I believe we move to go to third reading of the bill, bill that goes to his desk that takes now have an agreement on the man- because there is no point in us going part of the Social Security trust fund agers’ amendment. money and spends it for a tax break or all the way tomorrow and into Friday AMENDMENT NO. 3618 anything else that he will veto it, be- and not having completed this legisla- (Purpose: To make minor additions and tion. I repeat, it must pass. cause the economic situation of this corrections to the reported bill) country is still an amazement to the I have heard personally from a num- Mr. MCCAIN. Mr. President, I send rest of the world, how we have put our ber of Members who have strongly held the managers’ amendment to the desk economy and our economic position in views on this legislation, particularly and ask for its consideration. place. the Senators from Maryland and Vir- The PRESIDING OFFICER. The ginia. I will point out, Mr. President, What is an emergency? I think the clerk will report. rules are basically something similar that one of the Senators from Virginia, The legislative clerk read as follows: Senator WARNER, has had a tragedy in to this. I don’t have it before me to The Senator from Arizona [Mr. MCCAIN], his family, which is why he is not here read. But it is something that doesn’t for himself and Mr. FORD, proposes an to debate the bill at this time. come all the time, it is unexpected. amendment numbered 3618. I, again, urge my colleagues to come The Senator from New Hampshire says Mr. MCCAIN. Mr. President, I ask to the floor in the next couple of hours you can expect a drought, or you can unanimous consent that the reading of to either propose amendments or de- expect too much water, or you can ex- the amendment be dispensed with. bate the bill. pect all these things, so you should The PRESIDING OFFICER. Without Mr. BRYAN addressed the Chair. fund for it. I have gone through years objection, it is so ordered. The PRESIDING OFFICER. The Sen- when we didn’t have an emergency in (The text of the amendment is print- ator from Nevada. the farm community. I have gone ed in today’s RECORD under ‘‘Amend- Mr. BRYAN. I thank the Chair. through years when we did not have an ments Submitted.’’) Mr. President, I would like to preface emergency appropriations. So, there- my comments by commending the Mr. MCCAIN. Mr. President, I ask fore, you didn’t need to budget it. floor leaders, my good friends, Senator unanimous consent that the amend- MCCAIN and Senator FORD, for the lead- Secondly, the emergency is some- ment be considered as part of original ership they have provided in getting thing that occurs and is not in per- text for purpose of amendment. this piece of legislation through the petuity. The tax cut goes on; it doesn’t The PRESIDING OFFICER. Is the committee and on to the floor. I am stop. If you have an emergency now, body ready to vote on the amendment? you try to take care of that emer- not unmindful of the fact there are Mr. MCCAIN. Mr. President, I ask some points of contention, but both of gency; if it doesn’t occur again, you unanimous consent that the amend- them have provided the kind of leader- don’t have to do it again. If you give a ment be considered as part of the origi- ship and experience and real states- tax break, that goes on forever, in per- nal text for the purpose of amendment. manship we have come to expect from petuity. So there is a difference be- This is a substitute amendment. tween a tax cut and an emergency sup- both of these two leaders. And I, for The PRESIDING OFFICER. Is there one, want to praise them for their lead- plemental appropriations. It isn’t objection to the adoption of the amend- something that reoccurs; you do it one ership. ment and inclusion as part of the origi- I want to talk about one of those time. nal text? As we look at the Freedom to Farm points that has become historically Mr. FORD. Reserving the right to ob- somewhat vexing when we deal with an bill that was heralded as the savior for ject, let’s be sure we have the par- the farm program, we see now that it FAA piece of legislation, and that is liamentary procedure correct. This is a the so-called perimeter rule. The pe- really doesn’t work; there is no safety managers’ amendment that is a part of net for the farmers. There is a crisis in rimeter rule is extremely important to the original bill as filed subject to my State, Nevada, and particularly the the Midwest. The farmers who raise the amendment. grain have had a lot of trouble, and it expanding markets in southern Ne- Mr. MCCAIN. Subject to amendment. vada. Within the next year, 20,000 new is not necessarily no rain, a drought, The PRESIDING OFFICER. It will be hotel rooms will come on line. It will and so forth, but prices. The North considered as part of the original text be critically important to have addi- American Free Trade Agreement, for the purpose of amendment and will tional air capacity going into southern which only seven of us in the Senate be subject to amendment. Nevada in order that those new hotel voted against at the time, has now Mr. FORD. I wanted to be sure. There rooms can be filled. The Metropolitan come back to bite us. When you find is not any hanky-panky going on here, Las Vegas area will have in excess of farmers standing at the border between I know that. Every once in a while, we 120,000 hotel rooms within the next 18 the United States and Canada pre- find we have to make a unanimous con- months. venting those 18 wheelers from coming sent request to get us out of a par- I know of no place in the world that in, it is somewhat understandable that liamentary problem. has that concentration of hotel rooms. we should be concerned about it. The PRESIDING OFFICER. Is there It is no secret that the mainspring of I hope we can sit down and work out objection to the adoption of the amend- the economy in southern Nevada, as whatever moneys are necessary as it ment? Without objection, the amend- well as the entire State, has been for relates to an emergency supplemental, ment is agreed to. decades tourism. And because of the particularly for our farmers and par- The amendment (No. 3618) was agreed relative remoteness and isolation of ticularly in defense. to. southern Nevada, air transport is a I did not want the Senator from New Mr. MCCAIN. Mr. President, now I critical factor for our continued eco- Hampshire to get up and say all these ask that my colleagues, again, who are nomic viability and the expansion that things as fact without having a little interested in this bill—we have a little we have enjoyed over the years. bit of the other side from whom some less than 2 hours remaining—who wish I was able, with the support of the people refer to as a moderate Senator to debate this bill, who wish to discuss distinguished chairman of the com- from Kentucky. I yield the floor. it, who wish to amend it, please come mittee, the senior Senator from Ari- Several Senators addressed the to the floor and do so. The Senator zona, to convene a hearing in Las Chair. from Kentucky and I intend, again, to Vegas earlier this spring, because one The PRESIDING OFFICER (Mr. GOR- achieve a final list of amendments for of the challenges that we face in pro- TON). The Senator from Arizona. tomorrow. We have every intention of viding

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10818 CONGRESSIONAL RECORD — SENATE September 23, 1998 additional air service to southern Ne- airlines are not allowed to serve— very much the opportunity to work vada are some economic changes that LaGuardia is another airport which has with him not only on aviation issues are occurring in the airline industry a perimeter rule, as well as National but a variety of other issues, including itself. Airport—from the markets where they the sport of boxing. During the time in which the econ- are strongest. By contrast, because of As I mentioned earlier in my re- omy was relatively soft and business their proximity to LaGuardia and Na- marks, there is a list that I had in- travel was not particularly robust, it tional, each of the seven largest estab- cluded in the RECORD about a week ago was much easier for us in southern Ne- lished carriers is able to serve those of all the different formula funds, enti- vada to get the kind of air service and airports from its principal hub. So tlement State allocations, totaling $2.1 the number of flights that we needed. there is an invidious discrimination in billion, that would be delayed at this As a result of the expanding economy the very existence of these perimeter time. In the case of the State of Wash- and business travel expanding quite rules. ington, the amount would be $7,410,694, rapidly, the airlines have reached an This report, as well as others, has to randomly pick a State; for the State economic judgment which, although suggested to the Congress that we of Kentucky, it is $4,932,788. hard to quarrel with, nevertheless has grant authority to allow exemptions to Mr. FORD. What airports do they go had some profound implications for us the perimeter rule. I believe that is a do? in Las Vegas. And that is to say that sound recommendation and one that Mr. MCCAIN. I do not know exactly business travel, as opposed to recre- has been carefully crafted by my col- which airports they go to, although ation travel, generates more revenue leagues and friends who provide the there are some letters of intent that I per seat mile than does resort, tourist leadership for us in the Commerce had printed in the RECORD. One is the destination travel. Committee, because a compromise has Greater Cincinnati airport, $6 million; So the airlines, to some extent, have indeed been offered. and Louisville, $18.243 million. These shifted some of their capacity to the Let me add an additional basis, it are letters of intent following fiscal more profitable business routes. That seems to me, for that compromise to year 1999 grant allocations that are al- change poses some real challenges to occur. Not only does this invidious dis- ready in preparation. us in trying to fill those hotel rooms, I crimination make it very difficult for Texas: I see the New Austin at mentioned earlier in my comments, new entrants to come into the market, Bergstrom, $11.43 million; Dallas/Ft. that are coming on line. That would be but the original justification for the Worth International, $12.5 million. the largest influx of new hotel rooms in rule in 1986—if it ever had any validity, Washington: Seattle-Tacoma, known as the history of Las Vegas for any given if one assumes arguendo that it may SeaTac Airport, $4,400,000. period of time. So as part of this hear- have been well founded at the time of Mr. President, I ask unanimous con- ing that we held in Las Vegas, we its enactment—no longer exists. sent this list be printed in the RECORD. looked at a number of factors that You will recall that the original or There being no objection, the mate- might help to alleviate that problem. ostensible justification was to make rial was ordered to be printed in the One area in which we desperately sure that Dulles as an airport had plen- RECORD, as follows: need expanded air service is from ty of activity and airline service, and LETTERS OF INTENT longer distance destinations, from the therefore this artificial creation of the Current letters of intent assume the fol- east coast. And one of the things that perimeter rule was designed to make lowing fiscal year 1999 grant allocations: was pointed out as part of the barrier sure that the longer distance flights Arkansas: Fayetteville to that new service is that there are emanated from Dulles. Having been to (northwest Arkansas) ..... $5,000,000 some artificial barriers that are cre- Dulles many times in the last month, Colorado: Denver Inter- ated either by act of Congress or by none would argue that this airport is national ...... 24,931,000 policy, and to the extent that we can underutilized. It is a robust, healthy Georgia: Hartsfield Atlanta International ...... 7,083,000 remove those barriers, it will be easier air terminal, and all of us are pleased Illinois: for us to get expanded air service. for that. Mid-America, Belleville One of those barriers that was cre- On two bases, it seems to me, the ar- reliever ...... 14,000,000 ated by an act of Congress is the perim- gument can be made: No. 1, that the Chicago Midway ...... 3,000,000 eter rule, established in 1986 as part of original rationale and predicate of the Kentucky: Federal legislation. That was part of perimeter rule no longer has any opera- Greater Cincinnati ...... 6,000,000 the Metropolitan Washington Airport Louisville ...... 18,243,000 tive merit; and No. 2, the competitive Michigan: Detroit Metro- Act. aspect in the discrimination which I politan ...... 16,400,000 Some history of the perimeter rule. have alluded to in citing from the air- Mississippi: Golden Tri- In its initial origin, there may have line competition, ‘‘The Barriers to En- angle ...... 300,000 been some justification for it. At the tering Into Domestic Markets,’’ pub- Nevada: Reno/Tahoe Inter- time, there was considerable concern lished by the General Accounting Of- national ...... 6,500,000 that Dulles would not attract the kind fice. New York: Buffalo Inter- of airline service needed to fully utilize I think for that reason the provisions national ...... 1,700,000 Rhode Island: Theodore F. that facility if, indeed, longer distance that have been crafted into this piece Green State ...... 6,500,000 flights could originate out of Wash- of legislation dealing with additional South Carolina: ington National or could come to slots at National, particularly those 12 Hilton Head ...... 558,000 Washington National. which will be allowed to fly outside the Florence Regional ...... 94,000 So this perimeter rule—which has perimeter, represent sound policy and a Tennessee: kind of taken on a life of its own and reasonable compromise. Nashville International .. 555,000 has been exalted almost to divine sta- Again, I commend the chairman of Memphis International ... 18,733,000 Texas: tus, something that is so sacrosanct the committee, Senator MCCAIN, and New Austin at Bergstrom 11,430,000 that we should never touch it under the ranking member of the sub- Dalls/Ft. Worth Inter- any circumstances—is in point of fact committee, Senator FORD, for their national ...... 12,500,000 an act of Congress’ creation, and it is leadership. I hope we can get this en- Midland ...... 1,327,000 not inappropriate for the Congress to acted. I salute them for their leader- Virginia: Reagan Wash- revisit that rule. ship. ington National ...... 14,232,000 The General Accounting Office, in ex- I yield the floor. Washington: Seattle-Ta- coma International ...... 4,400,000 amining airline competition, bolsters Mr. MCCAIN. Mr. President, I thank the argument that was made at our the Senator from Nevada not only on Total ...... 173,486,000 hearing in Las Vegas when it describes this issue but for his continued activ- (Source: United States Senate Report 105–249, De- the perimeter rule as ‘‘a barrier to ity as a valued member of the Com- partment of Transportation and Related Agencies entry service.’’ It points out that the merce Committee on all aviation Appropriations Bill, 1999; pp. 86) rules limit the ability of airlines based issues. He is knowledgeable. He is given In addition, there is $500,000,000 in discre- in the West to compete because those to bipartisan cooperation. I appreciate tionary funds available for assignment by

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10819 the FAA after the authorization and appro- The legislative clerk proceeded to NATO defense ministers. According to priations process has been completed. call the roll. press reports, the Clinton administra- AIRPORT IMPROVEMENT PROGRAM FORMULA Mrs. FEINSTEIN. Mr. President, I tion has already asked the North At- DISTRIBUTIONS ask unanimous consent that the order lantic Council to seek commitments of [Estimated FY98 entitlement and State allo- for the quorum call be rescinded. arms, material and troops from NATO cations, Total formula funds at $2.1 bil- The PRESIDING OFFICER. Without members to complete plans for a multi- 1 lion] objection, it is so ordered. national force. Alabama ...... $5,823,950 Mrs. FEINSTEIN. Mr. President, I I hope and trust that this means that Alaska ...... 31,277,460 ask unanimous consent that I may be a plan of action to halt the violence Arizona ...... 8,759,576 recognized to speak as in morning busi- Arkansas ...... 4,577,601 and bloodshed in Kosovo—a plan with California ...... 31,086,667 ness. clear benchmarks for success and a Colorado ...... 7,958,160 The PRESIDING OFFICER. Without clear exit strategy—will be at the top Connecticut ...... 2,809,935 objection, it is so ordered. of the NATO defense minister’s agenda. Delaware ...... 635,295 f I trust that Secretary Cohen will District of Columbia ...... 468,506 take a strong leadership position at THE BLOODSHED IN KOSOVO Florida ...... 13,064,255 this meeting, and that Secretary Georgia ...... 8,040,687 Mrs. FEINSTEIN. Mr. President, I Hawaii ...... 1,186,786 Albright is taking an equal stand on note that both Senator MCCAIN and Idaho ...... 5,134,047 this issue in discussions with her coun- Illinois ...... 11,777,613 Senator SMITH came to the floor to terparts. Although I wish it were not Indiana ...... 6,148,104 present their thoughts on Kosovo. I the case, we have seen all too often Iowa ...... 5,065,177 would really like to join them and sec- that when Washington hesitates, our Kansas ...... 6,193,550 ond their remarks. Europe allies become paralyzed. Kentucky ...... 4,932,788 Mr. President, it is estimated that at And, lastly, I hope and trust that this Louisiana ...... 5,778,788 least 250,000 Kosovar Albanians have Maine ...... 2,734,919 time NATO, acting in coordination Maryland ...... 4,298,977 been displaced by the violence and with the United Nations, will develop a Massachusetts ...... 5,091,338 bloodshed of the past several months, plan consistent with this pressing hu- Michigan ...... 12,190,141 and that many are currently living in manitarian need, which will be quickly Minnesota ...... 7,873,545 the forests, without access to adequate implemented, and not just talked Mississippi ...... 4,490,016 food, shelter or medical care. With win- about. Missouri ...... 7,558,689 ter soon approaching, we are on the Mr. President, it took us 4 years to Montana ...... 8,289,328 verge of a major humanitarian catas- Nebraska ...... 5,247,768 develop the courage to join and urge Nevada ...... 6,692,991 trophe in Kosovo, which is the direct NATO to intervene in Bosnia at the New Hampshire ...... 1,334,174 result of a cruel and intentional policy cost of 200,000 dead and 2 million dis- New Jersey ...... 6,348,164 directed by President Milosevic and placed. Hundreds, if not thousands New Mexico ...... 7,508,916 carried out by Serbian security forces have already been killed in Kosovo, and New York ...... 16,573,616 in Kosovo. hundreds of thousands have been forced North Carolina ...... 7,827,567 The time has come—indeed, it is my North Dakota ...... 4,180,687 from their homes. What more needs to Ohio ...... 10,647,533 belief that the time came long ago—for happen before the international com- Oklahoma ...... 6,061,992 the United States, our NATO allies, munity acts? Oregon ...... 7,247,957 and the entire international commu- There is no doubt that the search for Pennsylvania ...... 11,505,588 nity, to back with resolve that what peace in Kosovo has thus far proved Puerto Rico ...... 2,632,148 happened in Bosnia must not be al- elusive, and that finding a solution Rhode Island ...... 832,693 lowed to happen again in Kosovo. For which provides Kosovar Albanians with South Carolina ...... 4,302,524 too long, we have stood by passively South Dakota ...... 4,559,359 full political rights and civil liberties Tennessee ...... 5,936,395 while Milosevic has acted in bad faith. will be difficult. Texas ...... 26,942,447 He has made numerous commitments But the time has come for the inter- Utah ...... 5,752,302 to halt the violence, such as that con- national community to take action: We Vermont ...... 933,033 tained in his joint statement with must keep our promise not to allow Virginia ...... 6,947,024 President Yeltsin on June 16, and he Kosovo to become another Bosnia, and, Washington ...... 7,410,694 has honored none of them. unless Milosevic halts the violence im- West Virginia ...... 2,638,950 In July, the Senate unanimously Wisconsin ...... 7,204,305 mediately and unambiguously, to com- Wyoming ...... 5,421,196 passed a bipartisan resolution which mit ourselves to the course of a much- Insular areas ...... 2,564,100 called on the United Nations War needed humanitarian intervention in Crimes Tribunal to indict President Kosovo. Total ...... 388,500,000 Milosevic for his crimes in Bosnia. Mr. President, I thank the Chair. I 1 The list includes airport entitlement funds and That resolution has not yet been car- yield the floor, and I suggest the ab- State funds that would be foregone in fiscal year ried out. In my mind, the time has 1999, assuming the Senate AIP appropriations level sence of a quorum. of 2.1 billion dollars. These figures don’t include dis- come for the United States to call an The PRESIDING OFFICER. The cretionary grants & LOI payments. end to the charade of taking at face clerk will call the roll. (Source: United States Senate Report 105–249, De- value the word of a man the U.S. Sen- The legislative clerk proceeded to partment of Transportation and Related Agencies ate believes should be indicted as a war call the roll. Appropriations Bill, 1999; pp. 80–1). criminal. Mr. KENNEDY. Mr. President, I ask (Note: This does not include funds allocated to If thousands, or tens of thousands, of states for general aviation, relieve, and non-primary unanimous consent that the order for commercial service airports, nor does it include people in Kosovo now die because they the quorum call be rescinded. nearly half a billion dollars in discretionary grants have been systematically forced from The PRESIDING OFFICER. Without the FAA will allocate in FY99.) their homes, forced into the forests, de- objection, it is so ordered. Mr. MCCAIN. Mr. President, I will be nied access to food, warmth, shelter f prepared shortly, perhaps in half an and medical care, it is a crime worthy hour, to propound a unanimous consent of the world’s condemnation. PATIENTS’ BILL OF RIGHTS agreement on amendments. Again, I With winter imminent in the Bal- Mr. KENNEDY. Mr. President, I was urge my colleagues to have their kans, the U.N. Security Council is pre- over in my office earlier in the after- amendments. I repeat our determina- pared to vote on a resolution threat- noon. I heard the quorum calls. Now tion to have completed legislative ac- ening force under article 7 of the U.N. again we are wasting time in the mid- tion on this legislation by the close of Charter unless Milosevic calls a cease- dle of the afternoon. We are talking business tomorrow night. fire and negotiates with Kosovo’s Alba- about a Wednesday afternoon at about I suggest the absence of a quorum. nian separatists. quarter of 5. The Senate is in a quorum The PRESIDING OFFICER. The At the end of this week, Secretary call when we could be debating the clerk will call the roll. Cohen will be meeting with other issue of the Patients’ Bill of Rights.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10820 CONGRESSIONAL RECORD — SENATE September 23, 1998 I have taken the opportunity at eases. For many patients, these new American Association of Pastoral other times to remind the Senate drugs represent genuine medical mir- Counselors; American Association of about the importance of that debate. acles and opportunities to resume lives Private Practice Psychiatrists; Amer- Last week, we had the Republican lead- that have been devastated by these ican Board of Examiners in Clinical So- cial Work; American Counseling Asso- ership effectively close down the Sen- cruel diseases. But too often managed ciation; American Federation of State, ate for 5 hours, by essentially prohib- care plans have said ‘‘no’’ to these pa- County and Municipal Employees; iting Members of the U.S. Senate to tients and their doctors. They say: American Family Foundation. speak at that time on the issue of the ‘‘The new drugs are too expensive. You American Group of Psychotherapy Asso- Patients’ Bill of Rights. And, as has will have to make do with older, cheap- ciation; American Nurses Association; been pointed out by our Democratic er drugs that are on our approved list. American Occupational Therapy Asso- leader, Senator DASCHLE, the Repub- If they don’t work for you, that is just ciation; American Orthopsychiatric As- lican leadership shows an unwilling- too bad.’’ That should be unacceptable sociation; American Psychiatric Asso- ciation; American Psychiatric Nurses ness to debate this issue during the to every American. Association; American Psychoanalytic evening times, which would allow us to Our legislation will guarantee that Association; American Psychological do the country’s business and do the no family with a mentally ill member Association; Anxiety Disorders Asso- people’s business. will ever be subjected to this kind of ciation of America; Association for the I rise again today to talk a bit about abuse again. Advancement of Psychology. this issue, and the importance of it, be- Mr. President, I ask unanimous con- Association for Ambulatory Behavioral cause it is of such compelling impor- sent to have printed in the RECORD the Healthcare; Association of Behavioral tance to millions of Americans—more statement of the Mental Health Liai- Healthcare Management; Bazelon Cen- than 160 million Americans. ter for Mental Health Law; Child Wel- son Group. fare League of America; Children and Every time I go back to Massachu- There being no objection, the mate- Adults with Attention Deficit Disorder; setts—and I think it is generally true rial was ordered to be printed in the Clinical Social Work Federation; Cor- with others as they travel across the RECORD, as follows: poration for the Advancement of Psy- country to their States—I run into the MENTAL HEALTH LIAISON GROUP, chiatry; International Association of people who have faced the kinds of sit- Alexandria, VA, September 23, 1998. Psychosocial Rehabilitation Services; uations that I will mention in just a Hon. TRENT LOTT, National Alliance for the Mentally Ill; moment or two. These are situations Senate Majority Leader, National Association for Rural Mental that cry out for action. Still we don’t Capitol Building, Washington, DC. Health. National Association of Protection and take the action. DEAR SENATOR LOTT: The undersigned members of the Mental Health Liaison Group Advocacy Systems; National Associa- We have considered other pieces of tion of Psychiatric Treatment Centers legislation that have some importance. (MHLG) are writing to urge the Senate to pass meaningful legislation protecting con- for Children; National Association of But I daresay that none of the recent sumers now enrolled in managed care before School Psychologists; National Asso- pieces of legislation that we have con- the end of the 105th Congress. If Senate pas- ciation of Social Workers; National sidered, I believe, rise to the impor- sage is accomplished in an expeditious man- Council for Community Behavioral tance of the debate and discussion on ner, ample time remains to initiate a con- Healthcare; National Mental Health the Patients’ Bill of Rights. ference committee with the House and Association. Mr. President, I want to include in achieve final passage of this important legis- Mr. KENNEDY. Mr. President, we the RECORD today the testimony and lation. heard today from Jackie Shannon. She the comments of some leading Amer- Our community has a large stake in timely is the president of the National Alli- ican citizens who are very concerned consideration of consumer protection legis- ance for the Mentally Ill, NAMI, and lation. Today, over 160 million Americans re- about ensuring adequate protections ceive their mental health care from a mere the mother of a son with schizophrenia. for consumers of mental health serv- handful of managed care plans. Virtually I would like to read from her very, very ices—protections that are included in every organization signing onto this cor- moving testimony. This passage refers the Patients’ Bill of Rights, which has respondence has received reports of: to a woman named Pam Childs from been introduced by Senator DASCHLE, Consumers being denied access to emer- Miami, Florida and her problems with and are not included in the Republican gency services despite being in psychiatric manic-depressive illness: proposal. crisis. Pam was a Ph.D. psychologist who special- In the forum that was held this after- Health care plans applying rigid utilization ized in treating children and adolescents . . . review criteria that radically reduce the Repeatedly, Pam’s HMO told her that the noon, 36 groups—representing patients, availability of outpatients mental health families, psychiatrists, psychologists, treatment being recommended by her doc- services. tors were ‘‘not part of the plan.’’ On several social workers, and others who are con- Treatment plans, diagnoses and related cerned about quality of health care for occasions, doctors who made progress in clinical decisions being reviewed by health treating Pam were later told that they were people with mental illness—begged the plan personnel with no prior medical or men- ‘‘being taken off the plan.’’ Pam Childs never Senate to act to pass the Patients’ Bill tal health training whatsoever. got the treatment she needed, and this story of Rights. With every day that passes, HMO drug formularies insisting upon the did not have a happy ending. On July 2 of these patients and their families are lowest-cost psychotropic medications, which this year, at 34 years of age, Pam took her may be clinically inappropriate for individ- suffering because of abuses by the man- own life by leaping from the window of her uals with more serious mental disorders. father’s 15-story apartment. aged care systems. In too many in- Procedural disputes should not inhibit free stances, the stories they told were and fair debate of consumer protection legis- Mr. President, Jackie Shannon also tragic. They involved suicide, spousal lation on the floor. Key issues like access to told us about the problems the mental abuse, anxiety attacks inflicted on a specialists, medical necessity, point of serv- health community faces in terms of ac- Vietnam veteran, and successful ice, legal accountability and related matters cess to various prescription drugs. The courses of treatment cruelly inter- should now be considered by the full Senate. prescription drug formularies used by rupted because insurance companies The starting point for debate could involve insurance companies limit access to any of the wide array of comprehensive bills the newest and most effective medica- are putting their bottom line first and now pending, including the measures en- their obligations to patients last. dorsed by the House and Senate Republican tions. I would like to read from her tes- One of our speakers, the president of leadership. timony: the National Alliance for the Mentally In our view, at this time, the only bill that Over the past decade, the most far-reach- Ill, NAMI, focused on an important represents meaningful reform is S. 1890, the ing advances in the treatment of brain dis- provision of our legislation that has Patients’ Bill of Rights Introduced by Sen- orders such as schizophrenia and manic-de- not received as much attention as some ator Daschle. pressive illness have all been in the area of of the other issues—access to needed Sincerely, prescription drugs. These new medications prescription drugs that are not on a American Academy of Child and Adoles- are highly effective in treating severe symp- cent Psychiatry; American Association toms, without many of the disturbing side health plan’s approved list. For mental for Marriage and Family Therapy; effects associated with older medications. patients, the last few decades have seen American Association for Psychosocial While some of these medications may cost a significant growth in the number of Rehabilitation; American Association more at the front end, they deliver signifi- new medicines that can treat their dis- of Children’s Residential Centers; cant long-term savings through fewer and

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10821 shorter hospitalizations, and, more impor- or discussion on these issues, let alone Judge Young was frank in his opin- tantly, a higher quality of life for con- a vote on them. That is very, very im- ion: sumers. portant, Mr. President. The National Federal law has evolved in a shield of im- Unfortunately, managed care plans too Association of Mentally Ill feel that munity that protects health insurers. . . and often use formularies—restrictive lists and access to prescription drugs is of enor- other managed care entities from potential bureaucratic rules—to limit access to the liability for the consequences of their wrong- newer, more effective medications. What mous importance to their membership. ful denial of health benefits. The Federal law kind of rules? A 1997 survey of managed be- Their view is shared by all of the lead- thwarts the legitimate claims of the very havioral health plans by NAMI revealed ing mental health organizations. That people it was designed to protect. widespread use of policies such as prior au- is why the 36 different groups have in- thorization, and what they call ‘‘twice-fail’’ dicated strong support for the Demo- There it is, Mr. President, an exam- requirements as parts of the formulary. cratic Patients Bill of Rights. ple of an individual who needed help, These ‘‘twice fail’’ rules are especially of- Mr. President, I refer right here to consolation, rehabilitation, and atten- fensive to the NAMI members. Our survey this chart that compares our Patients’ tion, but was denied it by the HMO. A found that some managed care plans actu- Bill of Rights, which puts patients be- tragic, tragic ending, with the HMO re- ally require patients to fail on older, cheaper fore profits, and the Republican legis- sponsible—I believe, just from a read- medications multiple times before being able to access the newer medication. NAMI be- lation. Right here, No. 11—access to ing of these facts—or certainly contrib- lieves that psychiatrists and their patients doctor prescribed drugs—the question uting to the anxiety and ultimately to should be able to select the medication that is whether you will be able to get the the untimely death, and the loss of this is right for them based on clinical effective- kind of prescription drug—new or old, father of four children. And, under cur- ness, not on a managed care plan’s financial perhaps somewhat more expensive— rent law, the HMO is able to stand bottom line. The best treatment available that your doctor recommends, or be back and say, no, we can’t be sued. And should be the treatment of first choice. forced to take only those medications they cannot be, Mr. President. Do we understand that, Mr. Presi- that are listed on the HMO plan and That particular issue is addressed in dent? The best treatment available just do not work for you. our legislation. Right here on the chart ought to be the treatment of first Mr. President, this forum that we where we say ‘‘ability to hold plans ac- choice. The Democratic version of the had was just the most recent one in countable.’’ But it is not in the Repub- Patients’ Bill of Rights guarantees which we heard patients and doctors lican legislation. We looked through that. It would allow the doctors to and nurses pleading with the Repub- their bill. It is not there, but it is in overrule a plan’s restrictive drug for- lican leadership to act on real managed ours. Another issue to debate. Another mulary when it is in the patient’s in- care reform before the end of the year. issue to discuss. Another issue to vote terests. The Republican bill would not. At today s forum, I spoke about a on. It is not very complicated. Are you Now, Mr. President, this is an issue particularly tragic set of cir- going to hold a plan accountable when of particular importance to persons cumstances surrounding the case of a its decisions result in the death or seri- with mental illness who need these man who died because his plan denied ous injury of an individual who may be newer drugs. We hear case after case of necessary treatment. In this case, how- the breadwinner for a family? Are you patients who would be helped if they ever, like too many others, the plan going to deny a family the opportunity had access to the newest and most ef- was not held accountable for its abu- to hold insurance companies respon- fective medications. We heard of one sive actions. Let me just tell you, Mr. sible if a loved one has been the recipi- young person whose plan required him President, about this very tragic case. ent of negligent treatment? to use the cheaper drugs and dem- Richard Clarke of Haverhill, MA, was We ought to be able to vote on that. struggling to deal with a serious prob- onstrate their failure not just once, but It is not very complicated. But no, no, lem of substance abuse. His health plan twice, before they would even be eligi- we cannot even bring that up. We can- clearly covered 30 days of inpatient re- ble for the right drugs. This is one of not even debate it. It is a crucial mat- habilitation. But when Mr. Clarke’s the reasons that we provide this kind ter, certainly, to the Clarke’s or any doctor admitted him to a detoxifica- of protection in our Patients’ Bill of other family in this situation. It is a tion program, the plan provided only 5 Rights. We believe it is important to crucial matter to millions of other days of treatment. His treatment was ensure that the doctor can to say, This families. cut short, and his pattern of abuse and is the kind of prescription drug that is Mr. President, there are millions of inadequate treatment continued. necessary to deal with your particular Americans who have that kind of pro- Shortly after the first hospitalization, health need and that the plan will tection today, but it is not guaranteed his doctor again tried to admit him. cover it, if the plan offers drug cov- But his HMO approved just 8 days of in- to over 120 million Americans who re- erage. patient rehabilitation. And 24 hours ceive their insurance through employ- That is a very important protection. after this discharge, Mr. Clarke at- ers in the private sector. It is not guar- We would like to debate that issue. If tempted suicide. Again, he was referred anteed. It is effectively excluded. Mr. the Republican leadership does not be- for additional inpatient treatment, but President, more than 40 million Ameri- lieve that we ought to provide that this time the HMO refused to pay for cans can hold their HMOs accountable, kind of protection, they should come to any additional services—even though but more than 120 million others can- the floor of the Senate and let’s call his policy clearly should have covered not. The others cannot. Why not, we the roll. This is not a complicated 17 additional days. might ask? Because the power of the issue. It is not a very complicated At this point, a judge committed Mr. special interests will not permit us to issue. But it is one of the very impor- Clarke to a State correctional center. get to this legislation, to consider it, tant protections that exist in our bill Mr. Clarke was abused in that center debate it, and call the roll on it. and which does not exist in the Repub- and received only minimal treatment. Mr. President, this forum was just lican bill. Tragically, just a few weeks after being the most recent one in which we have The American people have been effec- discharged from the correctional cen- heard the patients and doctors and tively denied—with the various pro- ter, Mr. Clarke committed suicide at nurses pleading with the Republican posals that have been offered by the age 41. He left a widow and four chil- leadership to act on real managed care majority leader in terms of the debate dren and 17 days of inpatient rehabili- reform. Several weeks ago, we heard of the Patients’ Bill of Rights—from tation coverage on his insurance pol- from Dr. Charlotte Yeh, an emergency seeing where the Senate stands on icy—17 days that were not used, 17 days doctor from Boston who also is a leader these important issues. The leadership that were repeatedly denied by the in the American College of Emergency has said, in reference to their proposal, HMO. And he took his life. Physicians. In fact, we have had the You can either take it or leave it. They His widow took the insurance plan to leaders of many of these professional are attempting to gag not only the doc- Federal court. But Judge William groups appear in these forums—rep- tors in this country from giving the Young had no choice but to reluctantly resentatives of from many of the more best advice on health care needs, but dismiss the case because the Federal than 180 different groups of patients they are also attempting to gag the law protected the HMO from account- and doctors, nurses, health profes- Senate from having any kind of debate ability for its actions. sionals that support our legislation.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10822 CONGRESSIONAL RECORD — SENATE September 23, 1998 Dr. Yeh described cases where HMOs Mr. KENNEDY. Seeing Senators are A bipartisan majority in the Congress has denied treatment that patients needed here and ready to move ahead, I will called for enactment of standards that will because of managed care penny-pinch- just make some few concluding re- put an end to episodes like the one I just de- ing. She indicated she was appearing at marks on this issue and then get back scribed. Last year, the Congress adopted the prudent layperson standard and other pro- the forum ‘‘representing the concerns to it at another time. I think we could tections for Medicare and Medicaid patients of 20,000 emergency physicians, on be- have been debating this, rather than seeking emergency care. We thought there half of 90 million patients we see every just filling in the time with the was a consensus on this issue! year.’’ She went on to say, ‘‘For emer- quorum calls, which we have been Just a few weeks ago, we were delighted to gency physicians protecting patients is doing frequently. So I indicate to col- see that Republican Task Forces in both the not just a job, it is our lives.’’ They are leagues, I will make some concluding House and Senate had decided to include the strongly in support of our legislation. remarks for just a few more minutes ‘‘prudent layperson’’ standard in their re- They strongly believe that we ought to spective patient protection measures. and then yield the floor. Again, from But we are very disturbed about the way in have an opportunity to debate this leg- Dr. Yeh’s testimony: which the emergency services protections islation. They are strongly opposed to What’s the difference between the real were drafted in the Republican ‘‘Patient Pro- Republican leadership, and are con- ‘‘prudent layperson’’ standard included in tection Act.’’ As a physician, it seems that a cerned about the leadership s refusal to the Balanced Budget Act and the Democratic little Unnecessary surgery was performed on let us have an opportunity to debate Patients Bill of Rights and the imposter that the ‘‘prudent layperson’’ standard to the the legislation. This is what Dr. Yeh has been included in the GOP Patient Pro- point where it is barely recognizable as the commented on: tection Act? consumer protection we envisioned. For the last several years, the tactics of The GOP Patient Protection Act would es- What’s the difference between the real the managed care industry with respect to tablish a weaker coverage standard for pri- ‘‘prudent layperson’’ standard included in coverage of emergency care has become a na- vately insured patients than what exists for the ‘‘Balanced Budget Act’’ and the Demo- tional issue. Medicare and Medicaid patients. cratic ‘‘Patient’s Bill of Rights’’ and the * * * * * This is not Senator DASCHLE or my- ‘‘imposter’’ that has been included in the We’ve all heard the stories. self making this statement, this is a GOP ‘‘Patient Protection Act?’’ In Detroit, a 46-year old woman collapsed leading member of the American Col- The GOP Patient Protection Act would es- in her husband’s arms and was rushed to the lege of Emergency Physicians—doctors tablish a weaker coverage standard for pri- hospital by ambulance. She died of cardiac vately insured patients than what exists for who deal with this problem every sin- Medicare and Medicaid patients. arrest after a failed resuscitation attempt. gle day—talking about how the GOP Unbelievably, her managed care plan later The Democratic bill would provide the denied payment for her treatment because Patient Protection Act is a fraud. same protections for all patients. she did not call for prior approval. She continues along. I ask unani- The GOP Patient Protection Act estab- In Boston, a boy’s leg was seriously injured mous consent to have her full state- lishes a two-tiered test for coverage of emer- in an auto accident. At a nearby hospital, ment printed in the RECORD. gency services and guarantees coverage only emergency doctors told the parents he would There being no objection, the state- for a ‘‘screening examination.’’ need vascular surgery to save his leg and a ment was ordered to be printed in the The Democratic bill would require that health plans cover all services necessary to surgeon was ready and available in the hos- RECORD, as follows: pital. evaluate and stabilize the patient to anyone Unfortunately, for this young man, his in- TESTIMONY OF CHARLOTTE YEH, MD, FACEP, who meets the prudent layperson standard— surer insisted he be transferred to an ‘‘in- CHAIR, FEDERAL GOVERNMENT AFFAIRS no questions asked! network’’ hospital for the surgery. His par- COMMITTEE, AMERICAN COLLEGE OF EMER- The GOP Patient Protection Act sets no ents were told if they allowed the operation GENCY PHYSICIANS limits on the amount of cost-sharing the to be done anywhere else, they would be re- Thank you very much. I am Dr. Charlotte managed care plans would be allowed to sponsible for the bill. They agreed to the Yeh, a practicing emergency physician at charge patients who seek emergency services move. Surgery was performed three hours the New England Medical Center in Boston, from a non-network provider. after the accident. But by then, it was too MA. I am here today representing the con- The Democratic bill would protect patients late to save his leg. cerns of nearly 20,000 emergency physicians who reasonably seek emergency services to These are not episodes from the TV pro- and on behalf of the 90 million patients we protect their health from being charged un- gram, ‘‘ER’’. These are not anecdotes. They see every year. For emergency physicians, reasonable co-pays and deductibles. are real people with real lives. protecting patients is not just a job, it’s our The GOP Patient Protection Act provides A bipartisan majority in the Congress has life. sets no guidelines for the coordination of called for enactment of standards that will For the last several years, the tactics of post stabilization care, making it impossible put an end to episodes like the ones I just de- the managed care industry with respect to for emergency physicians to coordinate and scribed. Last year, the Congress adopted the coverage of emergency care has become a na- obtain authorization for necessary follow-up prudent layperson standard and other pro- tional issue. I’m pleased to be here today as care with the managed care plans. tections for Medicare and Medicaid patients we try to enact meaningful patient protec- The Democratic bill would require health seeking emergency care. Millions of Medi- tions that will ensure that patients get not plans to adhere to new federal guidelines care and Medicaid beneficiaries have these only the care they deserve, but that they that require managed care plans to be avail- protections, but not the 160 million people also get the coverage that their managed able to coordinate post stabilization care, in- outside of those programs. They do not have care plan promised them. stead of just permitting the managed plan to these protections. We’ve all heard the stories. turn off the phone at 5:00 o’clock. She continues: In Detroit, a 46-year old woman collapsed Obviously, we are very troubled by the We thought there was consensus on this in her husband’s arms and was rushed to the changes to the ‘‘prudent layperson’’ standard issue. . . . But we are very disturbed about hospital by ambulance. She died of cardiac in the ‘‘Patient Protection Act.’’ the way in which the emergency service pro- arrest after a failed resuscitation attempt. Our assessment is that this legislation— tections were drafted in the Republican ‘‘Pa- Unbelievably, her managed care plan later Will provide less protection for privately in- tient Protection Act.’’ As a physician, it denied payment for her treatment because sured patients than for Medicare and Med- seems that a little unnecessary surgery was she did not call for prior approval. icaid patients; Will lead to more coverage performed on the ‘‘prudent layperson’’ stand- In Boston, a boy’s leg was seriously injured disputes, not less; Will create even more bar- ard to the point where barely recognizable as in an auto accident. At a nearby hospital, riers, not fewer; and Will create new loop- the consumer protection we envisioned. emergency doctors told the parents he would holes for managed care plans to deny cov- need vascular surgery to save his leg and a erage of emergency services. Mr. MCCAIN. Will the Senator from surgeon was ready and available in the hos- In four years, we have come so far, but we Massachusetts yield? pital. cannot support these provisions in their cur- Mr. KENNEDY. Yes. Unfortunately, for this young man, his in- rent form. We will do everything in our Mr. MCCAIN. Just for a question. The surer insisted he be transferred to an ‘‘in- power to ensure that the ‘‘prudent Senator from Massachusetts, I know, network’’ hospital for the surgery. His par- layperson’’ standard that is enacted will be wants to indulge his colleagues. We ents were told if they allowed the operation consistent with the meaningful protections have Senator INHOFE on the floor on an to be done anywhere else, they would be re- that Congress enacted for Medicare and Med- amendment on pending legislation, and sponsible for the bill. They agreed to the icaid beneficiaries. Hard-working Americans move. Surgery was performed three hours Senator ROTH to follow him. So if he who pay their premiums deserve no less. after the accident. But by then, it was too could perhaps very quickly allow the late to save his leg. Mr. KENNEDY. We heard from can- amendment process to proceed, I would These are not episodes from the TV pro- cer patients, and their doctors, who ex- appreciate it very much. I thank the gram, ‘‘ER’’. These are not anecdotes. They plained that the Patients’ Bill of Senator from Massachusetts. are real people with real lives. Rights is critical to ensuring patients

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10823 access to quality clinical trials. These million people. Under this proposal ‘‘(B) whether such provision of law is a trials are often the only hope for pa- from the Republican leadership, we are subsequently enacted provision or directly or tients with incurable cancer or other permitting other kinds of amendments, indirectly seeks to waive the application of this subsection. diseases where conventional treat- but we are going to say no amendments ‘‘(2) EXCEPTION FOR PRIOR OBLIGATIONS.— ments are ineffective. They are the relative to health care be in order. Paragraph (1) shall not apply to any expendi- best hope for learning to cure these Thankfully, our Democratic leader ture to liquidate any contract entered into dread diseases. rejected this, so it was not offered. But (or for any amount otherwise obligated) be- Insurance used to routinely pay the these are the tactics we are facing. We fore October 1, 2000, in accordance with the doctor and hospital costs associated are as committed as ever to ensuring provisions of this section.’’. with clinical trials, but managed care that we will have an opportunity to de- Mr. ROTH. Mr. President, this plans are refusing to allow patients to bate this issue—even if not on this par- amendment contains the necessary participate. Our bill forces the insur- ticular measure. So we are going to conforming changes to the Tax Code ance companies to respond to these continue to pursue it. required by this reauthorization bill. needs, but the Republican bill does not. I thank the Chair and I yield the This amendment does not affect Fed- And they refuse to debate this issue. floor. eral revenues. Therefore, this bill re- mains a nonrevenue bill. This amend- Here it is on the chart, ‘‘Access to Clin- f ical Trials.’’ We provide this protec- ment will allow expenditures from the tion, and they do not. WENDELL H. FORD NATIONAL AIR Airport and Airway Trust Fund to Yet, this is very important for TRANSPORTATION SYSTEM IM- occur as authorized by the underlying women who are battling breast cancer. PROVEMENT ACT OF 1998 legislation relating to airport con- struction, maintenance and tech- It is important for children—like my The Senate continued with the con- nology. own son, Teddy, who was able to get sideration of the bill. into a clinical trial when he had It will also help ensure our air traffic Mr. MCCAIN. I yield to Senator ROTH control system continues to provide osteosarcoma at age 12, and survive to offer an amendment. that dread disease. He is alive today safe and efficient services. The PRESIDING OFFICER. The Sen- It is my understanding that this because he was in a clinical trial. ator from Delaware. Mr. President, as I have pointed out amendment is acceptable to both sides AMENDMENT NO. 3621 before, these are the guarantees that of the political aisle. At the appro- are in our legislation. Under our pro- (Purpose: To extend the Airport and Airway priate moment, I will urge its adop- Trust Fund expenditure authority) tion. posal, the doctor, the medical profes- The PRESIDING OFFICER. Is there sional, will make the decisions on med- Mr. ROTH. Mr. President, I send an further debate on the amendment? ical treatment for the patient—be that amendment to the desk on behalf of Mr. MCCAIN addressed the Chair. you or your spouse or your child or Senator MOYNIHAN and myself. The PRESIDING OFFICER. The Sen- your grandchild. Medical decisions will The PRESIDING OFFICER. The ator from Arizona. not be made by an insurance company clerk will report. Mr. MCCAIN. Mr. President, I thank accountant. That is what is at the The bill clerk read as follows: the distinguished chairman of the Fi- heart of the differences between the The Senator from Delaware [Mr. ROTH], for himself and Mr. MOYNIHAN, proposes an nance Committee. As always, he has two pieces of legislation. been extremely cooperative and helpful We welcome an opportunity to just amendment numbered 3621. Mr. ROTH. Mr. President, I ask unan- as we have this kind of legislation out say we will take 10 of the issues on this of the Commerce Committee, which list, and vote on those measures and imous consent that the reading of the amendment be dispensed with. sometimes has tax implications. I am vote on the legislation, while permit- very grateful for the continued co- ting our Republican friends to have a The PRESIDING OFFICER. Without objection, it is so ordered. operation and effort to not encroach on similar number of amendments. But let the jurisdiction of the Finance Com- The amendment is as follows: us at least get about it in these final mittee and also to make sure that days. It is not too late. It must not be At the end of the bill add the following: their views and their authority are too late, or we would not see the kinds TITLE IV—EXTENSION OF AIRPORT AND well recognized. of activity to deny or delay action on AIRWAY TRUST FUND EXPENDITURE AU- The crucial programs in this legisla- this legislation by our Republican THORITY tion are directly dependent upon the friends each day. SEC. 801. EXTENSION OF EXPENDITURE AUTHOR- ability of the FAA to spend moneys out Just in conclusion, earlier in the ITY. of the aviation trust fund, and the day—although this was not advanced, (a) IN GENERAL.—Paragraph (1) of section 9502(d) of the Internal Revenue Code of 1986 trust fund itself is supported by reve- it was circulated by the majority— nues from the aviation excise taxes there was a unanimous consent that (relating to expenditures from Airport and Airway Trust Fund) is amended— which are paid by all air travelers. was going to be proposed on the Inter- (1) by striking ‘‘October 1, 1998’’ and insert- I thank Senator ROTH for his co- net tax legislation. I will include the ing ‘‘October 1, 2000’’; and operation in our effort to keep nec- whole provision in the RECORD. (2) by inserting before the semicolon at the essary funds flowing to aviation pro- This was circulated to see whether end of subparagraph (A) the following ‘‘or grams. His amendment will help keep there would be any objection on the the Wendell H. Ford National Air Transpor- the FAA on sound financial footing. Democratic side. It basically allowed tation System Improvement Act of 1998’’. He and his staff have been very help- all types of amendments—unlimited (b) LIMITATION ON EXPENDITURE AUTHOR- ful in our efforts on this bill. I want to ITY.—Section 9502 of such Code is amended first and second degree amendments or clarify with the chairman that this amendments that are not relevant to by adding at the end the following new sub- section: amendment merely authorizes expendi- the Internet tax issues in the under- ‘‘(f) LIMITATION ON TRANSFERS TO TRUST tures from the trust fund for 2 years lying bill—but, and this is important, FUND.— and prevents expenditures from the no health care amendments. Here is ‘‘(1) IN GENERAL.—Except as provided in trust fund without an authorization in the text that would have been spoken paragraph (2), no amount may be appro- place? by the Majority leader, ‘‘I further ask priated or credited to the Airport and Air- Mr. ROTH. Mr. President, I say to my that during the Senate’s consideration way Trust Fund on and after the date of any distinguished colleague, that is cor- of S. 442 or the House companion, no expenditure from the Airport and Airway rect; that is the intent of the amend- amendments relative to health care be Trust Fund which is not permitted by this ment. section. The determination of whether an ex- in order.’’ There you have it: One piece penditure is so permitted shall be made with- Mr. MCCAIN. Mr. President, I am not of legislation, with possibilities for all out regard to— aware of any objection. In fact, I sup- other legislation, except one—health ‘‘(A) any provision of law which is not con- port the amendment. I will urge adop- care, the Patients’ Bill of Rights, guar- tained or referenced in this title or in a rev- tion of the amendment after the Sen- anteed protections for more than 160 enue Act; and ator from Kentucky speaks.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10824 CONGRESSIONAL RECORD — SENATE September 23, 1998 The PRESIDING OFFICER. The Sen- that are related to the existence of an emer- their ability to make their living for ator from Kentucky. gency referred to in subparagraph (A); and their families when there was not any Mr. FORD. I thank the Chair. There ‘‘(ii) not later than 60 days after the filing type of an emergency, there was not of an appeal under paragraph (1), make a is no objection to the distinguished final disposition of the appeal. any type of a hazard in their perform- Senator’s amendment on this side. ‘‘(3) If the Administrator determines, in ance in terms of their acting as a pilot. Mr. ROTH. I urge adoption of the the order, the existence of an emergency de- What we are trying to do is similar amendment. scribed in paragraph (2)(A), the appellant to what we did successfully a few years The PRESIDING OFFICER. Is there may request a hearing by the Board on the ago under the civil penalties provision, objection? Without objection, the issues of the appeal that are related to the and that is, insert into the process an amendment is agreed to. existence of the emergency. Such request unbiased source that will be able to The amendment (No. 3621) was agreed shall be made not later than 48 hours after participate in the process. In the case the issuance of the order. If an appellant re- to. quests a hearing under this paragraph, The of civil penalties, we had the NTSB to Mr. MCCAIN. Mr. President, I move Board shall hold the hearing not later than hear the cases after they have been to reconsider the vote by which the 48 hours after receiving that request.’’; and ruled on by the FAA. This has been amendment was agreed to. (2) in subsection (f), by inserting ‘‘by fur- working very well since that time. Mr. ROTH. I move to lay that motion ther order’’ after ‘‘the Administrator de- My amendment, as far as it addresses on the table. cides’’. the emergency revocation, addresses The motion to lay on the table was Mr. INHOFE. Mr. President, this the problem prudently by providing an agreed to. amendment is one that should not be airman—that is the pilot—48 hours PRIVILEGE OF THE FLOOR controversial. I can recall as recently after receiving an emergency revoca- Mr. FORD. Mr. President, I ask unan- as the Oshkosh meeting this last Au- tion order the opportunity to request a imous consent that Dan Alpert and gust where they voted—and we are hearing before the NTSB on the emer- Walter Dunn, fellows in the office of talking about 250,000 people who were gency nature of the revocation. This is Senator BINGAMAN, be granted the involved—to say this is the No. 1 issue not on the offense, this is on the emer- privilege of the floor during consider- for general aviation in America this gency nature as to whether or not this ation of S. 2279. entire year and perhaps for several would be an emergency. The NTSB The PRESIDING OFFICER. Without years. then has 48 hours to hear the argu- objection, it is so ordered. It has to do with a process that is ments. Within 5 days of the initial re- Mr. INHOFE addressed the Chair. very similar to something we went quest, the NTSB must decide if a true The PRESIDING OFFICER. The Sen- through a few years ago. When the emergency exists. During this time, ator from Oklahoma. FAA exercises its power to invoke an the emergency revocation remains in emergency revocation of a license, effect. AMENDMENT NO. 3620 they can do so for an indefinite period In other words, the certificate holder (Purpose: To provide for the immediate ap- of time and that person will lose that loses use of his certificate for a max- plication of certain orders relating to the amendment, modification, suspension, or license. In many cases, it may be this imum of 7 days. However, should the revocation of certificates under chapter 447 person’s only way of making a living. NTSB decide an emergency does not of title 49, United States Code) We have worked for several years to exist, then the certificate will be re- come up with some type of a com- turned to the certificate holder, and he Mr. INHOFE. Mr. President, I have promise that will allow an individual can continue to use it while the FAA an amendment at the desk, and I ask to recover his license in the event that pursues their revocation case against for its immediate consideration. it is shown there is nothing dangerous him. The PRESIDING OFFICER. The in the way that individual had been Keep in mind, no emergency exists, clerk will report. flying. It is very unfortunate that in nothing is done to impose a hazard on The bill clerk read as follows: any bureaucracy, there are a few peo- himself or the public. The Senator from Oklahoma [Mr. INHOFE] ple who will occasionally do something If the NTSB decides that an emer- proposes an amendment numbered 3620. that is not justified. gency does exist, then emergency rev- Mr. INHOFE. Mr. President, I ask I share with you, Mr. President, a ocation remains in effect and the cer- unanimous consent that the reading of case of an individual named Ted Stew- tificate holder cannot use his certifi- the amendment be dispensed with. art who had been employed by Amer- cate while the case is adjudicated. That The PRESIDING OFFICER. Without ican Airlines as a pilot for more than would revert back to the way the law is objection, it is so ordered. 12 years and presently serves as a Boe- today. That individual would not be The amendment is as follows: ing 767 captain. No complaints had ever able to fly. So all we are talking about At the appropriate place, insert the fol- been registered against him or his fly- is whether or not there is an emer- lowing: ing. gency nature in this case. SEC. ll. AMENDMENTS, MODIFICATIONS, SUS- In January of 1995, the FAA sus- Please do not misunderstand, in no PENSIONS, AND REVOCATIONS OF pended Mr. Stewart’s examining au- way do I want to suggest that the FAA CERTIFICATES. thority. And the reason? Possibly im- should not have emergency revocation Section 44709 of title 49, United States Code, is amended— proper issuing of ratings. He complied powers. I believe it is critical to safety (1) in subsection (e)— with the FAA request that he provide that the FAA can ground unsafe air- (A) by striking ‘‘When’’ and inserting ‘‘(1) log books and/or other reliable records men or other certificate holders. How- Except as provided in paragraph (2), if’’; and for inspections. On May 16, 1995, an ever, I also believe that the FAA must (B) by striking ‘‘However, if’’ and all that emergency revocation was issued, and be judicious in its use of the extraor- follows through the end of the subsection he lost his airman certificates. dinary power. and inserting the following: June 19, 1995, the National Transpor- The FAA will argue that because ‘‘(2) If the Administrator determines, in tation Safety Board Administrative emergency certificate actions are only the order, that an emergency exists and safe- ty in air commerce or air transportation re- Law Judge Mullins ruled in Mr. Stew- a small percentage of overall certifi- quires the order to be effective imme- art’s favor on all counts. In July of cate actions, there is no reason for this diately— 1995, the full NTSB upheld Judge concern. However, review of recent ‘‘(A) subject to subparagraph (B), the order Mullins’ initial decision. All pilot cer- emergency cases clearly demonstrates shall be in effect unless the Administrator is tificates were returned. I point out, a pattern by which the FAA uses their not able to prove to the Board, upon an in- this is almost 2 months after the rev- emergency powers far more frequently quiry of the Board, the existence of an emer- ocation. In January of 1996, he was than the circumstances warrant. gency that requires the immediate applica- awarded approximately 60 percent of For instance, of the emergency rev- tion of the order in the interest of safety in ocation orders issued during fiscal year air commerce and air transportation; and the money spent to defend himself. The ‘‘(B) the Board shall— FAA appealed the ruling and it is still 1990 through 1997, 50 percent occurred 4 ‘‘(i) not later than 5 days after the filing of pending before the full NTSB. months to 2 years after the violation an appeal under paragraph (1), make a dis- What I am getting at is, we have case occurred. In only 4 percent of the cases position concerning the issues of the appeal after case where individuals have lost was the emergency revocation issued

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10825 within 10 days or less of the actual vio- Mr. GRAMS. Thank you, and I again WENDELL H. FORD NATIONAL AIR lation. In fact, the median time lapse thank the Senator from Hawaii for al- TRANSPORTATION SYSTEM IM- between the violation and the emer- lowing me to make a brief statement. PROVEMENT ACT OF 1998 gency order was a little over 4 months. f The Senate continued with the con- That is 132 days, Mr. President. I sug- sideration of the bill. gest to you, how can that be considered TRIBUTE TO MURIEL HUMPHREY Mr. AKAKA. Mr. President, I support an emergency if nothing happened BROWN S. 2279, the Wendell H. Ford National until 132 days after the alleged viola- Mr. GRAMS. Mr. President, I rise Air Transportation System Improve- tion? ment Act of 1998. This measure will en- I think clearly at issue is what con- today to pay tribute to Muriel Hum- phrey Brown, who was the widow of the hance the safety and efficiency of our stitutes an emergency. Simply defined, air transportation system, upon which an emergency is ‘‘an unexpected situa- late Senator and Vice President Hubert the island state of Hawaii is uniquely tion or sudden occurrence of a serious Humphrey and known to many dependent. I am pleased that this and urgent nature that demands imme- throughout my state as Minnesota’s weighty legislation is named for the diate action.’’ Yet, as discussed above, ‘‘First Lady.’’ departing senior senator from Ken- the ‘‘urgent nature’’ of the revocation Mrs. Humphrey Brown passed away which ‘‘demands immediate action’’ on Sunday at the age of 86. Throughout tucky, whose contributions to aviation has more often than not occurred sev- her life, she remained steadfast in her are legion. I am especially supportive eral months previously. dedication to family and her interest in of Title VII of the bill which addresses There are far too many cases where politics. In her last public appearance, the issue of air tour operations at na- the FAA unfairly uses this necessary just 5 days before her death, she was on tional parks. Mr. President, Title VII of S. 2279 es- power to prematurely revoke certifi- hand to congratulate her son, Skip tablishes a comprehensive regulatory cates when the circumstances do not Humphrey, for winning the Minnesota framework for controlling air tour support such drastic action. DFL gubernatorial primary. traffic in and near units of the Na- Mr. President, I have other cases Many of my colleagues knew her, re- tional Park System. The legislation re- that I could drag out here and talk spected her, and join me in offering our about, such as the case of Bob Hoover. quires the Federal Aviation Adminis- heartfelt condolences to her husband, tration, in cooperation with the Na- I have had the privilege of flying in Max Brown, her sons Hubert, Doug and airshows with Bob Hoover for over 30 tional Park Service and with public Bob, her daughter Nancy, and the en- input from stakeholders, to develop an years. Bob Hoover—probably if you tire Humphrey family. were to ask anyone in the aviation air tour management plan (ATMP) for Muriel Humphrey Brown was born on parks currently or potentially affected community who the best pilot in Amer- February 20, 1912, in Huron, SD. After ica is, they would probably say Bob by air tour flights. marrying Hubert Humphrey, she be- Hoover. Yet he was the victim of the Under the ATMP process, routes, al- came a devoted mother and enthu- emergency revocation. We had to go to titudes, time restrictions, limitations siastically took on the role of a polit- bat for him, and we had literally thou- on the number of flights, and other op- ical wife. sands of letters from all over America erating parameters could be prescribed coming to the aid of Bob Hoover be- She played an active part in her hus- in order to protect sensitive park re- cause everybody knew there is nothing band’s numerous campaigns. After Hu- sources as well as to enhance the safe- wrong and nothing of an emergency na- bert’s death in 1978, Muriel was ap- ty of air tour operations. An ATMP ture to the revocation of his ability to pointed to his Senate seat, the same could prohibit air tours at a park en- fly. Senate seat that I am proud to hold tirely, regulate air tours within half a So, Mr. President, I feel that this today. By finishing out her late-hus- mile outside the boundaries of a park, being the No. 1 concern and issue of band’s term, Muriel Humphrey Brown regulate air tour operations that im- general aviation today—it is a sense of became Minnesota’s first and only fe- pact tribal lands, and offer incentives fairness issue, something that has male U.S. Senator and just the 12th for the adoption of quieter air tech- worked very well in the case of civil woman to serve in the U.S. Senate. In nology. An ATMP would include an en- penalties—it is one that I feel should fact, she was the only woman serving vironmental determination. be changed in the FAA regulations. in the Senate at that time. S. 2279 also creates an advisory group Mr. President, I yield the floor. In carrying out her husband’s Senate comprising representatives of the FAA, Mr. GRAMS addressed the Chair. term, Muriel Humphrey Brown was an Park Service, the aviation industry, The PRESIDING OFFICER. The Sen- inspiration to women throughout Min- the environmental community, and ator from Minnesota. nesota as she accepted the call to pub- tribes to provide advice, information, Mr. GRAMS. Mr. President, I ask lic service even in her time of great and recommendations on overflight unanimous consent I be allowed to personal loss. Rather than being known issues. speak as in morning business for up to simply as the wife of the most popular As embodied in the ATMP process, 5 minutes. politician in Minnesota, Muriel left her this bill treats overflights issues on a The PRESIDING OFFICER. Is there own mark on those issues of public pol- park-by-park basis. Rather than a one- objection? icy about which she felt so strongly. size-fits-all approach, the legislation Mr. FORD. Mr. President, I do not Her calm and gentle manner did not mean to end this, but we are getting to establishes a fair and rational mecha- mute her passionate voice on behalf of nism through which environmental and the point where we have amendments social programs, labor issues, and the up. And apparently no one wants to aviation needs can be addressed in the mentally disabled. She once described context of the unique circumstances vote tonight, but we would like to get her term in the Senate as, ‘‘the most our amendments up. And Senator that exist at individual national parks. challenging thing I have ever done in I am pleased that this procedural ap- AKAKA has remarks as it relates to the my whole life.’’ In 1979, she married legislation itself. I do not want to pre- proach, in addition to requirements for Max Brown and lived the rest of her vent—— meaningful public consultation and a Mr. GRAMS. This will be very brief. life out of the political spotlight. Her mechanism for promoting dialogue Mr. FORD. Fine. devotion to family and public service is among diverse stakeholders, mirrors Mr. GRAMS. I thank the Senator truly an inspiration to all Minneso- key elements of legislation—the Na- from Hawaii. I did talk to him and ask tans, and I am proud to say that her tional Parks Airspace Management if it was all right. legacy will remain. It is a special honor Act, cosponsored by my colleagues Mr. FORD. We are trying to move for me to hold the Senate seat she once Senator INOUYE and Senator FRIST— this legislation forward. And I did not held, in the Chamber where she served that I have promoted in the last three want to cut the Senator from Okla- with such grace, dignity, and honor. Congresses. homa off either. Thank you very much, Mr. President. Mr. President, adoption of this bill is The PRESIDING OFFICER. Without I yield the floor. essential if we are to address effec- objection, the Senator from Minnesota The PRESIDING OFFICER. The Sen- tively the detrimental impacts of air is recognized as in morning business. ator from Hawaii. tour activities on the National Park

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A formulate an overflights bill that pro- courage and skill, I have grown to ap- 1994 Park Service study indicated that motes aviation safety, enhances the vi- preciate him even more. nearly a hundred parks experienced ad- ability of legitimate air tour oper- Associated with that kind of piloting verse park impacts, and that number ations, and protects national parks skills is his dedication to aviation and has assuredly risen since then. Such from the most egregious visual and his tenacity associated with this issue growth has inevitably conflicted with noise intrusions by air tour helicopters specifically. I don’t agree with the the qualities and values of many park and other aircraft. Left unchecked, air amendment of the Senator, but I do be- units, in some instances seriously. tour activities can undermine the very lieve and I am convinced we can work While air tour operators often pro- qualities and resources that give value out something which will be agreeable, vide important emergency services, en- to a park; these must be protected. I because the Senator from Oklahoma hance park access for special popu- believe that the pending measure rea- does identify a problem. I don’t agree lations (e.g., the handicapped and el- sonably and prudently balances these with the Senator from Oklahoma that derly), and offer an important source of sometimes opposing considerations, it is as big a problem, but when some- income for local economies, notably and urge my colleagues to support this one like Mr. Hoover, who he just de- tourism-dependent areas such as Ha- legislation. scribed, is subjected to what he was waii, unregulated overflights have the That concludes my remarks, Mr. subjected to, then there is a problem. potential to harm park ecologies, dis- President. Before closing, however, I But I am just not convinced that the tress wildlife, and impair visitor enjoy- would like to recognize the staff of the remedy that the Senator from Okla- ment of the park experience. Unre- Commerce Committee—including John homa is prescribing is the proper rem- stricted air tour operations can also Raidt, Mike Reynolds, Charles Cham- edy. He certainly, in a very articulate pose a safety hazard to air and ground bers, Sam Whitehorn, and Ann fashion, describes the problem we need visitors alike. Choiniere—for their hard work in put- to work together and address. The FAA uses its emergency author- It is therefore vital that we develop a ting this legislation together. Ann ity only as a remedial measure when a clear, consistent national policy on Choiniere especially deserves mention certificate holder lacks the necessary this issue, one that equitably and ra- for her day-to-day management of this qualifications to hold the certificate, tionally prioritizes the respective in- issue. I would also like to recognize and the continued exercise of the privi- terests of the aviation and environ- former members of my own staff, Kerry leges of the certificate would be con- mental communities. Congress and the Taylor, Bob Weir, and Steve Opperman, trary to public safety in air commerce Administration have struggled to de- who made important contributions to or air transportation. All emergency velop such a policy since enactment of this issue. Steve in particular has suspensions are premised on a reason- the National Parks Overflights Act of served as an expert resource whose able suspicion as to the certificate 1987, Congress’s initial, but limited at- tireless, and largely unheralded con- holder’s qualifications. tempt to address the overflights issue. tributions have shaped the overflights FAA policy since approximately 1990 S. 2279 will finish where the 1987 Act debate in a major way. has generally been that an emergency left off, providing the FAA and Park I yield the floor. exists in which a certificate holder Mr. McCAIN. Before my dear friend Service with the policy guidance and lacks the technical qualifications, or from Hawaii leaves the floor, let me procedural mechanisms that are essen- the care, judgment, or responsibility to thank him for his kind words. As al- tial to balancing the needs of air tour hold an FAA certificate, and remains operators against the imperative to ways, he is too modest. For many years in a position to use the certificated preserve and protect our natural re- now he and I have worked together on skills. In such cases, the FAA has rea- sources. this issue. His dedication to the protec- soned that it intolerably threatens air Mr. President, the overflights provi- tion and preservation of Haleakala’s safety to permit pilots, aircraft me- sions of this bill are the product of and Hawaii’s volcanoes is notable. It is chanics, or air carriers, for example, to good faith efforts on the part of many noteworthy and it is in keeping with operate or repair aircraft when the groups and individuals. They include: his incredible dedication, passion and FAA has reasonably concluded that members of the National Parks Over- efforts on behalf of his Native Hawai- they do not possess the qualifications flights Working Group, whose con- ians, as well as all citizens of his most necessary to perform those functions. sensus recommendations form the beautiful State. If it is clear that a certificate holder underpinnings of this legislation; rep- I thank the Senator from Hawaii for will be unable to exercise the privileges resentatives of air tour and environ- his kind remarks. of the certificate, the FAA will not in- Mr. FORD. I associate myself with mental advocacy organizations such as voke an emergency suspension. Helicopter Association International the remarks of the distinguished chair- An emergency order is effective im- and the National Parks and Conserva- man, and thank my friend from Hawaii mediately upon issue, rather than tion Association; and, officials of the for his kind remarks about me person- being stayed pending conclusion of the FAA and Park Service, notably Park ally. It seems that more of these re- adjudicative process. An expedited ad- Ranger Wes Henry, the Park Service’s marks are coming as the days near the judication process is initiated since the long-serving point man on overflights, end, and maybe I won’t want the days certificate holder immediately loses who has served as the agency’s institu- to end, but I do thank my friend from his or her privileges. The FAA respects tional memory and conscience on this Hawaii very much. the privilege of holding a certificate, issue. AMENDMENT NO. 3620 but must ensure as its primary mission However, Title VII is above all the Mr. MCCAIN. Mr. President, I want the highest standards of aviation safe- product of the energy and vision of to go back to the amendment of the ty. Retaining authority to take imme- Senator JOHN MCCAIN. As the author of Senator from Oklahoma. I admire the diate action in emergency situations is the 1987 National Parks Overflights tenacity and commitment to aviation integral to the FAA’s ability to carry Act, Senator MCCAIN was the first to of the Senator. Also, I have had the out this mission. recognize the adverse impacts of air privilege of personally experiencing his While S. 842 would not limit the tours on national parks, and the first piloting skills while being with him in FAA’s ability to immediately revoke a to call for a national policy to address the great State of Oklahoma. Although certificate, it would complicate the this problem. Since then, he has em- I must admit that my willingness to process of appealing such an order by ployed his moral authority and legisla- ride in an airplane with him while he providing new avenues of appeal in ad- tive acumen impel progress on this was at the controls had more to do dition to those already existing. Cur- subject. For his leadership in writing with my conviction that because of my rently, a person subject to an emer- this bill and for his long advocacy of colorful history associated with avia- gency revocation order may appeal the

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But in all cases, the percent- choose to do this and even fewer pre- talking about safety to be very, very, age that Senator MCCAIN represented— vail. very serious about the recommenda- 2 percent or 1 percent—and then only 3 This amendment changes this proce- tions of those agencies that we entrust percent, from 1990 to 1997, of its en- dure for challenging the emergency na- with those responsibilities. forcement cases have they revoked cer- ture of a suspension. Rather than ap- Obviously, the NTSB is one of those. tificates. So I think it indicates that pealing to the Court of Appeals, the As the Senator from Kentucky will at- there is a concern on the part of FAA emergency nature of the revocation test, we have had the NTSB before our that they not do anything irrational, could be appealed to the NTSB. Under committees on many occasions—not but that they look at the cases thor- the amendment, the NTSB would have just aviation, but many others. They oughly and then make a judgment as it 5 days to decide whether it was really are comprised of very outstanding, relates to emergency authority only. an emergency. If the person does not knowledgeable people. Mr. Hall, in par- So I hope that the Senator from prevail before the NTSB, he or she ticular, has impressed us a great deal. Oklahoma will give us an opportunity would then be able to appeal to the I understand the Senator from Okla- to sit down and work with him. I hate U.S. Court of Appeals under the same homa will want a recorded vote. I want to be in opposition to all the amend- circumstances as currently exist. This to assure him that if he doesn’t prevail ments that are brought, but this is one risks placing substantial strain on lim- on this vote, I want to work with him that I will have to be opposed to and ited agency resources by creating a because he has cited serious examples would encourage my colleagues to vote right to appeal to the NTSB, when of abuse of power—or certainly injus- against if the Senator insists that we there is no demonstrable need for such tice, if not abuse of power. The Senator go on. change. from Oklahoma deserves, as those peo- He stops in my hometown on occa- Between 1993 and 1997 the FAA initi- ple who have not been fairly treated or sion, I say to my friend from Arizona, ated an average of only 2.55% of its where there is the appearance of unfair and buys gasoline from the chairman of total enforcement caseload as emer- treatment—I won’t allege that it actu- the Republican Party in my county. He gency actions. This average dem- ally happened, but certainly if there is is keeping the Republican Party going. onstrates the FAA’s commitment to an appearance of it, I want to work I want him to continue to fly over the using this authority only in those with him in getting something added in Owensboro stop and fill up with gaso- cases where the FAA finds that a seri- the bill to provide additional protec- line and keep our economy going. I ous question exists as to a certificate tions. At the same time, I hope that would not want him to not stop in holder’s qualifications, and no other whatever we do, we can achieve the Owensboro. I gave you a hometown rea- action will suffice to ensure the high- support and cooperation of both the son for us to try to help the Senator est standards of safety are maintained. FAA and the NTSB, which is not the from Oklahoma to work something Additionally, the FAA prevails on the case with this amendment. out. I look forward to him agreeing to vast majority of emergency actions be- I yield the floor. that. If not, I could not agree to a vote fore the NTSB, supporting its position Mr. FORD addressed the Chair. tonight. I am sure the Senator would that it has acted properly and not The PRESIDING OFFICER (Mr. not want one either. We would have to abused its authority. From 1990 ABRAHAM). The Senator from Ken- wait and set a time certain for tomor- through 1997, the FAA was reversed in tucky. row because I understand that his side only 2% of the cases in which emer- Mr. FORD. Mr. President, I join my has a little shindig tonight that they gency orders or revocation were issued, chairman in his remarks. I thought would like to get to. We will accommo- and in only 1% of the cases in which they were excellent and to the point. I date him as they accommodated us last emergency orders of suspension were agree with Senator MCCAIN that we night. We ought to reciprocate, under issued. ought to work with the Senator from the circumstances. The FAA opposes S. 842. The agency Oklahoma to see if we can get some- I yield the floor. argues that the bill does not alter what thing in the bill that will at least rec- Mr. INHOFE. Mr. President, first of may be appealed, merely who would ognize the problem that he has brought all, let me respond to the distinguished have jurisdiction of an appeal. The forth here this afternoon. Senator from Kentucky. I can assure FAA believes that S. 842 does not make As of now, I will join with my col- him that I will continue to stop in the process more effective or efficient, league and oppose Senator INHOFE’s Owensboro to get my gas as I fly. There but rather creates several new final amendment. It is my understanding is good reason for that; it is the cheap- agency decisions, all of which would be that GAO, FAA, and the Department of est gas between Tulsa, OK, and Na- subject to appeal in the Courts of Ap- Transportation IG have all looked at tional Airport. peals, which in turn would complicate FAA’s use of its emergency authority. Mr. FORD. We also have mighty fine and potentially prolong, not stream- There are only a few cases where the barbecue there, too. line, the process. FAA has been reversed. GAO found Mr. INHOFE. I eat at the Moonlight The FAA has stated that, even if the that FAA used its authority in only 3 Cafe, which is owned by the chairman bill is enacted, an equal number of percent of its enforcement cases from of the Democratic Party. emergency actions can be expected to 1990 to 1997. It shows a great deal of re- Mr. FORD. See, he is neutral. be issued with the only result being the straint that they only use it in cases Mr. INHOFE. Mr. President, I don’t additional strain on FAA and NTSB re- where they think it is an emergency. disagree with some of the statements sources in response to more appeals re- And, as my friend from Arizona has made here. I have a little different in- garding the existence of an emergency. said, most of those cases have been terpretation. I think the Senator from On the other hand, if the legislation re- upheld. So FAA must have the author- Arizona is correct when he says 2.55 sults in a significant enough strain on ity—must have the authority—to re- percent of those were of an emergency FAA resources that the agency is dis- voke certificates on an emergency nature. The numbers equate to about couraged from its current use of its basis. roughly 300 people. emergency authority, the FAA argues The National Transportation Safety Now, all too often, we stand down that it would permit allegedly unquali- Board, FAA, and GAO all oppose any here and say it is such a small number fied certificate holder to operate one to change. Beyond that, I think I will join that, if there is an injustice, it doesn’t two years or longer, while the non- with my friend from Arizona in trying affect that many people. I think that is emergency litigation is ongoing. In to work out something that might be probably true, but those individuals sum, the FAA does not believe that its satisfactory, rather than just to look who are affected, it is a matter of tak- actions and record before the NTSB at it a little closer than we have been ing away their livelihoods. I disagree

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10828 CONGRESSIONAL RECORD — SENATE September 23, 1998 with the way the system works. When I yield the floor. This decision is in direct conflict with I look at the average between the time AIRPORT PROTECTION FROM FORCED SCHEDULED the Colorado Supreme Court’s ruling of the alleged offense and the emer- SERVICE on the issue. It is the result of a loop- gency revocation, the average time of Mr. ALLARD. Mr. President, today I hole in a law that was not intended to those in this last entire year was 132 am speaking in support of an amend- force small airports to take on the re- days. I ask the question, How could ment to address a problem facing small sponsibility and burden of supporting there be an emergency nature to these reliever airports that do not accept scheduled service. revocations if it takes 132 days before scheduled service operations. Centen- Immediately following the announce- that license is revoked? nial Airport is a small reliever airport ment of the FAA’s decision, the owner I also comment on the extreme cases near Denver, Colorado, where oper- of Centennial Express was reported by that we bring out, such as the Ted ations consist primarily of small pri- the Denver Post to have plans to begin Stewarts and the Bob Hoovers. There vate chartered and business planes. A scheduled flights from Centennial Air- are many others out there like that. unique situation exists at Centennial port. Again, we are not talking about any- Airport involving certain charter serv- I have proposed legislation to rectify thing that is going to impair the safety ices and a loophole in the federal regu- this situation and uphold the authority of the flying public or the pilots be- lations governing scheduled flights. of airports like Centennial to ban all cause we are setting aside a process Centennial Airport is not certificated scheduled service if they choose to do whereby there are a certain number of for scheduled flight service. In fact, the so. This proposal allows a general avia- hours to appeal this to the NTSB. It Airport Authority, with strong local tion airport to deny access to a public goes back to using the same argument backing, has banned scheduled service charter operator that operates as a that was successfully used when we at Centennial. According to federal scheduled service, and clarifies that changed the rules having to do with law, the Federal Aviation Administra- such action would not be in violation civil penalties. With civil penalties, we tion cannot force any airport to be- of requirements for federal airport aid. argued that you can’t have just the come certificated. The airport is not This will not require any airport to do FAA be the judge and jury and appel- equipped with a terminal, baggage sys- anything, and it will not allow an air- late court; and, of course, it has tem, or passenger security. Further- port to discriminate against one sched- worked out very well since then. more, Denver International Airport is uled service operator and not another. While I respectfully disagree with my less than 25 miles from Centennial, and This measure, which is included in colleagues from Arizona and Kentucky, has the capacity to handle additional the manager’s amendment, is nearly I say that there is no interpretation scheduled service operations. identical to language that the House that can be put on my amendment that A situation arose more than three Commerce Committee has included in is going to do anything to make flying years ago when a company called Cen- its FAA Reauthorization Act. It would more hazardous, or to keep a person tennial Express Airlines, Inc. began prohibit the FAA from charging dis- from holding a certificate if there is an charter service at Centennial, but im- crimination if an airport chooses to emergency nature to the revocation. If mediately announced that the airline’s deny access to scheduled service opera- there is an emergency nature to the service would continue as scheduled tors. It will only apply to reliever air- revocation, as determined by the service. The Airport Authority sued ports that are not certificated under NTSB—and that is their job—then, of and the County District Court ordered Part 139 to handle scheduled service and airports within 35 miles of a large course, they will keep the certificate the flights stopped. In April of this hub airport. and that individual will not have the year the Colorado Supreme Court ruled ability to fly an airplane. I appreciate my colleagues’ support in favor of Centennial Airport for the rights of small airport authori- Let me just make one comment Authority’s ban. The Court cited the about the NTSB because, while it has ties and surrounding communities to safe operation of the airport as a pri- retain control over their airports. been stated that the NTSB and FAA ority, and upheld the airport’s discre- BANNING COMMERCIAL TOUR OVERFLIGHTS AT are both opposed to this amendment, I tion to prohibit scheduled passenger can assure you we talked as recently as ROCKY MOUNTAIN NATIONAL PARK service. Mr. President, I begin by thanking yesterday to Dan Campbell, the chief While this decision protected the air- counsel for the NTSB, and he says, no, Chairman MCCAIN and the other Com- port’s right to refuse scheduled service, mittee members for their efforts to it is natural that they generally don’t a similar situation recently arose with want a heavier workload than they mitigate the problems presented by another company, Colorado Connection scenic overflights at national parks. currently have. But he feels that this is Executive Air Services, and the result a fair approach, and they don’t have an Tour overflight disturbances are a has been detrimental for Centennial growing problem at a number of parks. official position against it. Airport. Does the FAA? Yes. I think any time This is an issue that I have been in- In 1997, Colorado Connection pro- volved in for the last four years, and I you are dealing with a bureaucracy—I posed to start public charter passenger don’t care if it is the IRS, the FDA, the recognize that other Members of Con- service pursuant to a regular and pub- gress have tried to address this issue. EPA, or the FAA, or any of the rest of lic schedule. Colorado Connection, them—they don’t like to give up any- While I support the plan put forth by which is entirely owned by Air One the Committee, I am offering an thing. This way, they would be giving Charter, tried using a combination of up part of this appellate process. This amendment to modify the overflights Department of Transportation and bill to address a specific Colorado is a matter of fairness. Federal Aviation Administration ex- I recognize that we will not be voting issue. I appreciate the Chairman’s will- emptions to offer scheduled service. until tomorrow. However, I ask for the ingness to work with me on this prob- Air One Charter indicated intent to yeas and nays. lem. market 6–12 daily flights to various The PRESIDING OFFICER. Is there a In particular, I am concerned that Colorado cities and to contract bag- sufficient second? helicopter sightseeing tours at Rocky There is a sufficient is second. gage services for their flights. Mountain National Park would seri- The yeas and nays were ordered. The Centennial Airport Authority ously detract from the enjoyment of Mr. INHOFE. I thank the Chair. unanimously voted to deny airport ac- other park visitors and would have a Mr. FORD. There we go. We are cess to Colorado Connection’s sched- negative impact on the resources and working together again. uled service. The vote took place in values of the park itself, and I worry Mr. INHOFE. That is right. April 1998 and a month later the FAA about the serious safety risks involved Mr. President, I will make one last initiated a Part 16 investigation. The with overflights in this area. comment. In the event that my amend- FAA claims that the Airport Rocky Mountain National Park is a ment will not prevail tomorrow, I look Authority’s move to deny service is un- relatively small park in the Rockies, forward, of course, to working with justly discriminatory. Recently, the about 70 miles from Denver. The park both the Senator from Kentucky and FAA issued a decision to pull federal receives nearly three million visitors the Senator from Arizona to try to funding for Centennial Airport if the each year, almost as many as Yellow- make it more workable. ban on scheduled service is not lifted. stone national park, which is eight

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10829 times its size. The park is easily acces- business community, including the ians; (2) permit the establishment of an ef- sible, yet continues to provide quiet, local Chambers of Commerce, as well fective international observer group in solitude, and remoteness to visitors, as the local environmental community. Kosovo; (3) allow refugees and displaced per- In 1995, one of our top Denver news- sons to return to their homes safely, under especially in the back country. Trail international supervision; (4) allow Ridge road provides a unique experi- papers editorialized that the FAA unimpeded access for humanitarian organi- ence for visitors that are not able to should make Rocky Mountain National zations and supplies; and (5) make rapid hike in the park. It is the highest Park off-limits to low-flying aircraft progress in the dialogue with the Kosovar paved highway in the United States, use, ‘‘the sooner the better.’’ Now, leadership. and crosses the park from east to west. three years later, we have finally taken While Ambassador Hill is to be commended Spectacular views of peaks and valleys the opportunity to place a permanent for his persistent diplomatic efforts, it is clear that the time has come for a more vig- can be seen from the road and nearby restriction on scenic overflights. orous and sustained high-level multilateral overlooks in every direction, similar to Mr. FORD. Mr. President, I suggest effort to pressure President Milosevic to what you could see during a helicopter the absence of a quorum. comply fully with Contact Group demands. I tour. Trail Ridge Road reaches above The PRESIDING OFFICER. The urge you therefore to proceed immediately the timber line and travels for 4 miles clerk will call the roll. with a series of steps designed to prevent the above 12,000 feet and for 11 miles above The assistant legislative clerk pro- looming humanitarian crisis and to prepare 11,000 feet. ceeded to call the roll. for possible implementation of more forceful Several problems are specific to this Mr. WELLSTONE. Mr. President, I options developed by NATO planners. These actions include: mountainous national park. The ele- ask unanimous consent that the order Moving forward now, under NATO aus- vation of the Park does not allow for a for the quorum call be rescinded. pices, with the pre-deployment phase of large minimum altitude to minimize The PRESIDING OFFICER. Without NATO military plans on Kosovo, including noise, therefore, according to the Na- objection, it is so ordered. securing base rights agreements in the re- gion, immediately assessing the contribu- tional Park Service, natural quiet is f unlikely if overflights are permitted at tions of each NATO member in the event PRIVILEGE OF THE FLOOR military action is necessary, and then for- all. The terrain, consisting of many ward-deploying appropriate levels of NATO 13,000 foot peaks and narrow valleys, Mr. WELLSTONE. Mr. President, I military forces and equipment, thus pre- coupled with unpredictable weather ask unanimous consent that John paring us to take any appropriate military presents serious safety concerns. Also, Bradshaw, who is a fellow in my office, action that may be necessary to secure Serb the unique terrain of Rocky Mountain be allowed to be on the floor for the du- compliance with Contact Group demands, National Park would cause air traffic ration of this statement. and with international law regarding the to cumulate over the popular, lower The PRESIDING OFFICER. Without treatment of Kosovar civilians; objection, it is so ordered. Bolstering border security efforts through portions of the park as pilots are forced preventive NATO force deployments which to navigate around the dangerous Mr. WELLSTONE. I thank the Chair. can increase regional stability and assist in peaks and high winds. Not only would f international monitoring and anti-arms the overflights be concentrated di- KOSOVO smuggling efforts; rectly over the most popular portions Leading an immediate multilateral effort, of the park, but more powerful, and Mr. WELLSTONE. Mr. President, I at the United Nations and through regional louder, helicopters must be used to ask unanimous consent that a letter bodies like the European Union, to tighten which I sent to the President about the existing sanctions regime on Serbia, and achieve the necessary lift at a high al- to re-impose the trade embargo, total Kosovo be printed in the RECORD. titude. airflight and investment bans, and other Rocky Mountain National Park has There being no objection, the mate- sanctions lifted after signing of the Dayton been fortunate enough to be free from rial was ordered to be printed in the Peace Accords, coupled with renewed en- overflights to this point, partially be- RECORD, as follows: forcement initiatives to prevent the flour- cause local towns have discouraged SEPTEMBER 22, 1998. ishing of black markets under a full embar- companies that might provide such President BILL CLINTON, go; The White House, Accelerating U.S. and NATO logistical sup- services. Last year the FAA issued a port for the ongoing international humani- temporary ban on sightseeing flights Washington, DC. DEAR MR. PRESIDENT: As NATO Defense tarian aid effort in Kosovo, including pre-de- over Rocky Mountain National Park. Ministers, including Secretary Cohen, gather ployment of humanitarian supplies in In light of these distinctive qualities, in Portugal this week to consider the situa- Kosovo in anticipation of winter distribu- one can assess that the best solution to tion in Kosovo, I write to express my deep tions by NGOs—but only in a way which overflight disturbance is a ban on com- concern over the growing humanitarian cri- avoids absolutely the prospect of a repeat of mercial tour flights at Rocky Moun- sis there. Unless immediate and determined the disgraceful ‘‘safe haven’’ disaster of action by the U.S. and our western allies is Srebenica; tain National Park. My proposed ban Pressing for more extensive access for taken to address this situation, it is clear we will apply to commercial tour over- human rights monitoring in Kosovo by inter- will begin to face a catastrophic loss of civil- flights only, with exceptions granted nationally-recognized organizations, includ- ian lives with the onset of winter in the re- for emergency flights and commercial ing the Organization for Security and Co- gion as early as mid-October. operation in Europe, and non-governmental airlines and private planes. Both the Despite tight constraints on their report- monitors, and providing appropriate support senior Senator from Colorado and I are ing by the government of Serbia, the western strongly behind this effort to perma- and assistance for their efforts; media daily offers new reports on the rapidly Encouraging the International Criminal nently ban overflights at the park. deteriorating situation there. Candid assess- Tribunal for the Former Yugoslavia imme- A ban would be completely con- ments by Administration officials acknowl- diately to send its Chief Prosecutor to Bel- sistent with the recommendations of edge the growing crisis. Systematic and bru- grade and Kosovo; increasing aid and intel- the overflights task force. There has tal military action by Serbian forces, accel- ligence support to the Tribunal; and assist- been public involvement and prepara- erated during their summer-long offensive ing them in placing forensics teams on the tion of an air tour management plan. against UCK forces, has forced an estimated ground there, thus signaling to all parties 300,000 or more ethnic Albanians to flee their that the Tribunal is committed to pros- There is no need to repeat the steps re- homes. While many have fled as refugees to quired under this legislative proposal ecuting war crimes committed in Kosovo, in- neighboring countries, most of these dis- cluding attacks on innocent civilians, and at Rocky Mountain National Park. placed persons remain inside Kosovo and are has begun to actually gather evidence to A commercial tour overflight ban has now vulnerable to exposure, starvation, dis- support potential indictments against per- wide spread support throughout my ease and further Serb military attack. I un- petrators—and their commanders and polit- state. State and local officials in areas derstand that Assistant Secretary for Refu- ical leadership to whom they answer; adjacent to the park strongly support a gees Julia Taft concluded during her recent I believe it is essential that these actions ban on overflights. In fact, local ordi- visit there that over 210 villages in the re- be taken as quickly as possible. We must act nances already exist to protect the gion have already been looted, and many now, before the onset of winter in Kosovo, to torched, by Serbian security forces. prevent a potential humanitarian tragedy of quiet at the Park. The entire Colorado Serbia has failed utterly to comply with historic proportions. I also recognize that delegation and Colorado’s Governor are the persistent demands of the Contact Group these steps in themselves may not be suffi- on record in support of an overflight to: (1) cease attacks on civilian populations, cient to force Serbia to comply with the Con- ban. My proposal is supported by the and withdraw its forces used to repress civil- tact Group’s demands in a timely manner,

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10830 CONGRESSIONAL RECORD — SENATE September 23, 1998 and that further NATO military actions may civilians; (2) permit the establishment and equipment, thus preparing us to need to be considered if the situation in of an effective international observer take any appropriate military action Kosovo has not substantially improved, the group in Kosovo; (3) allow refugees and that may be necessary to secure Serb massacres of civilians continues, and displaced persons to return to their compliance with Contact Group de- unimpeded access for humanitarian relief workers has not be granted. homes safely, under international su- mands, and with international law re- Thanks you for your consideration. pervision; (4) allow unimpeded access garding the treatment of Kosovar citi- Sincerely, for humanitarian organizations and zens; bolstering border security efforts PAUL D. WELLSTONE, supplies; and (5) make rapid progress in through preventive NATO force deploy- United States Senator. the dialogue with the Kosovar leader- ments which can increase regional sta- Mr. WELLSTONE. Mr. President, I ship. bility and assist in international moni- thank my colleagues who have come to In recent days there have been some toring and anti-arms smuggling efforts; the floor today to speak about Kosovo positive developments in the UN Secu- leading an immediate multilateral ef- for their words. rity Council and in NATO which indi- fort, at the United Nations and through Mr. President, I rise to call for ur- cate that those organizations may be regional bodies like the European gent Presidential action to forestall a ready to take necessary action. The Se- Union, to tighten the existing sanc- humanitarian catastrophe in Kosovo. curity Council is contemplating a reso- tions regime on Serbia, and to re-im- Unless immediate and determined ac- lution stating that the situation in pose the total airflight and investment tion by the U.S. and our western allies Kosovo ‘‘constitutes a threat to peace bans, and other sanctions lifted after is taken to address this situation, it is and security’’ that impels the council signing of the Dayton Peace Accords, clear we will begin to face a massive to demand an immediate cease-fire. and to consider reimposing the trade loss of civilian lives with the onset of This demand would be in accordance embargo, coupled with renewed en- winter in the region as early as mid- with Chapter 7 of the UN charter. forcement initiatives to prevent the October. There are indications that Russia may flourishing of black markets under a The western media offers new reports be willing to support this resolution. full embargo; accelerating U.S. and daily on the rapidly deteriorating situ- The resolution does not call for the use NATO logistical support for the ongo- ation there. Candid assessments by Ad- of force, but I note that Chapter 7 au- ing international humanitarian aid ef- ministration officials acknowledge the thorizes the use of armed force by fort in Kosovo, including pre-deploy- growing crisis. Systematic and brutal NATO members to compel compliance ment of humanitarian supplies in military action by Serbian forces, ac- with the council’s orders. Kosovo in anticipation of winter dis- celerated during their summer-long of- Parallel progress is being made at tribution by NGOs—but only in a way fensive against UCK forces, has forced NATO headquarters in Brussels where which avoids absolutely the prospect of an estimated 300,000 or more ethnic Al- the U.S. has asked the North Atlantic a repeat of the disgraceful ‘‘safe banians to flee their homes. In recent Council to canvass member countries haven’’ disaster of Srebenica; pressing weeks Serb forces have shelled entire to determine which countries are will- for more extensive access for human villages, not just rebel positions, forc- ing to provide personnel and equipment rights monitoring in Kosovo by inter- ing more civilians to flee. While many to military operations in Kosovo. This nationally recognized organizations, have fled as refugees to neighboring action will be useful in precipitating including the Organization for Security countries, most of these displaced per- consultations between NATO govern- and Cooperation in Europe, and non- sons remain inside Kosovo and are now ments and their respective parliaments governmental monitors, and providing vulnerable to exposure, starvation, dis- and bringing into the open the debate appropriate support and assistance for ease and further Serb military attack. on military options. their efforts; and encouraging the I understand that Assistant Secretary I applaud these developments and International Criminal Tribunal for of State for Refugees Julia Taft con- call on the UN and NATO to accelerate the Former Yugoslavia immediately to cluded during her recent visit there them. send its Chief Prosecutor to Belgrade that over 210 villages in the region I also want to commend U.S. Ambas- and Kosovo; increasing aid and intel- have already been looted, and many sador Chris Hill for his persistent dip- ligence support to the Tribunal; and as- torched, by Serbian security forces. lomatic efforts. The U.S. should con- sisting them in placing forensics teams With winter approaching, inter- tinue to work toward a political solu- on the ground there, thus signaling to national relief agencies now fear that tion to this problem along the lines all parties that the Tribunal is com- tens of thousands of refugees without pursued by Ambassador Hill. At the mitted to prosecuting war crimes com- food or shelter could face death. By same time, though, we must also pro- mitted in Kosovo including attacks on some estimates there are 50,000 to ceed with a more vigorous and sus- innocent civilians, and has begun to ac- 100,000 people in Kosovo living out in tained high-level multilateral effort to tually gather evidence to support po- the open, without any shelter. Unless pressure President Milosevic to comply tential indictments against perpetra- they can return to their homes or be fully with Contact Group demands. tors—and their commanders and polit- provided adequate shelter within the Mr. President, I want to outline some ical leadership to whom they answer. next few weeks they may die of expo- steps that I hope the administration I believe it is essential that these ac- sure. will proceed with. tions be taken as quickly as possible. Our respected former colleagues Sen- I urge the Administration therefore We must act now, before the onset of ator Bob Dole recently returned from to proceed immediately with a series of winter in Kosovo, to prevent a poten- Kosovo warning that there is a ‘‘human steps designed to prevent the looming tial humanitarian tragedy of historic catastrophe in the making.’’ President humanitarian crisis and to prepare for proportions. I also recognize that these Clinton said last week that there is a possible implementation of more force- steps in themselves may not be suffi- potential for a ‘‘major humanitarian ful options developed by NATO plan- cient to force Serbia to comply with disaster’’ in Kosovo and that it is ‘‘im- ners. the Contact Group’s demands in a portant that we move as quickly as I urge the administration today on timely manner, and that further NATO possible with our allies to avert a trag- the floor of the U.S. Senate to proceed military actions may need to be con- edy.’’ The President cautioned: ‘‘We immediately with these steps. sidered if the situation in Kosovo has don’t want a repeat of Bosnia.’’ These actions include: Moving for- not substantially improved, the mas- The President is right. We cannot ward now, under NATO auspices, with sacres of civilians continues, and wait any longer to take more vigorous the pre-deployment phase of NATO unimpeded access for humanitarian re- action to force Serbia to cease making military plans on Kosovo, including se- lief workers has not been granted. this crisis worse and to allow necessary curing base rights agreements in the Mr. President, again, I thank my col- humanitarian relief into the area. Ser- region, immediately assessing the con- leagues who have spoken today on this bia must comply with the persistent tributions of each NATO member in matter. I do think it is important that demands of the Contact Group: (1) the event military action is necessary, we speak out. I think in the last couple cease attacks on civilian populations, and then forward-deploying appro- of days we have seen positive develop- and withdraw its forces used to repress priate levels of NATO military forces ments in the U.N. Security Council and

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10831 NATO which indicate that these orga- caring toward the great Senator Hu- SEC. . AUTOMATED SURFACE OBSERVATION nizations may be ready to take nec- bert Humphrey, a really fine Senator— SYSTEM STATIONS. The Administrator of the Federal Aviation essary action. But I wanted to outline the first woman to serve in the Senate Administration shall not terminate human today some options which I believe we from the State of Minnesota in her own weather observers for Automated Surface need to consider and which I think will right—and, I think most important of Observation System stations until— communicate a message to Milosevic all, a wonderful, wonderful model for (1) the Secretary of Transportation deter- that we are deadly serious; to talk ac- public service. It is a great loss for mines that the System provides consistent tually about taking military action is Minnesota. It is a great loss for our reporting of changing meteorological condi- very serious. It is always the last op- country. Muriel Humphrey will be a tions and notifies the Congress in writing of that determination; and tion. But I believe, at the minimum, we very special person to all of us in Min- (2) 60 days have passed since the report was can do some predeployment phases of nesota for many years to come. We will submitted to the Congress. NATO military plans. never forget her. AMENDMENT NO. 3625 I think we can bolster some of our I yield the floor. (Purpose: To provide that communities par- border security efforts. I think we can f ticipating in the community-carrier air tighten the sanctions regime on Serbia. service program will be selected from all WENDELL H. FORD NATIONAL AIR I think we can accelerate United regions of the country) TRANSPORTATION SYSTEM IM- States and NATO logistical support for On page 147, line 4, after ‘‘program.’’ insert PROVEMENT ACT OF 1998 international humanitarian aid efforts the following: ‘‘For purposes of this sub- in Kosovo. I think we can press for The Senate continued with the con- section, the application of geographical di- sideration of the bill. versity criteria means criteria that— more extensive access for human rights ‘‘(1) will promote the development of a na- monitoring by some internationally AMENDMENTS NOS. 3623, 3624, AND 3625, EN BLOC tional air transportation system; and recognized organizations. And I think The PRESIDING OFFICER. The Sen- ‘‘(2) will involve the participation of com- we can make it clear that we are going ator from Arizona. munities in all regions of the country.’’. to give the International Criminal Tri- Mr. MCCAIN. On behalf of Senator Ms. SNOWE. Mr. President, I thank bunal all the support it needs as well. SNOWE, I send three amendments to the the Chairman, Senator MCCAIN, and None of this may be enough—I want desk and ask unanimous consent that the ranking member, Senator FORD, for to say this one more time in this they be considered en bloc. their assistance with my three amend- Chamber. None of these steps may be The PRESIDING OFFICER. The ments. sufficient to force Serbia to comply clerk will report the amendments. One way that the FAA reauthoriza- with the contact group’s demands in a The assistant legislative clerk read tion bill will improve the nation’s air timely manner and further military ac- as follows: service is through the new Community tion may be necessary. But if these ac- The Senator from Arizona [Mr. MCCAIN], Carrier Air Service Program. This pro- tions are not taken as quickly as pos- for Ms. SNOWE, proposes amendments en bloc gram will provide assistance to com- sible, we are—Senator Dole is right— numbered 3623, 3624 and 3625. munities so that underserved markets going to see a humanitarian crisis of The amendments are as follows: can attract carriers. The Secretary of Transportation will tragic proportions. We are going to see AMENDMENT NO. 3623 select communities to participate in a lot of men, women and children who (Purpose: To provide increased civil pen- are going to die unless we take action. alties for violation of the prohibition this program based on geographic di- I yield the floor. against discrimination against handi- versity and other unique circumstances Mr. FORD. Mr. President, we are capped individuals, and for other purposes) that presently hinder communities about—— On page 121, line 1, strike ‘‘INTER- from attracting adequate air service. It Mr. WELLSTONE. Mr. President, NATIONAL’’. is important to note that the intent of could I ask my colleague for his indul- On page 121, line 3, before ‘‘The’’ insert ‘‘(a) this language is to ensure that partici- gence for 2 minutes? ESTABLISHMENT OF HIGHER INTERNATIONAL pation in the program will promote the Mr. FORD. I have no objection. STANDARDS.—’’. development of a national air transpor- Mr. WELLSTONE. I know it is the On page 121, between lines 9 and 10, insert tation system. And my amendment end of the day and colleagues are anx- the following: will ensure that it involves the Trans- (b) INCREASED CIVIL PENALTIES.—Section ious to go home. 46301(a) is amended by— portation must ensure this diversity so Mr. FORD. Mr. President, we are try- (1) inserting ‘‘41705,’’ after ‘‘41704,’’ in para- that every region of the nation can ing to wrap up the aviation bill. graph (1)(A); and benefit from the program. Mr. WELLSTONE. I am sorry. (2) adding at the end thereof the following: An important provision for Maine’s Mr. FORD. We gave the Senator time ‘‘(7) Unless an air carrier that violates sec- pilots is included in my amendment on off the aviation bill. We have some tion 41705 with respect to an individual pro- the ASOS program. This amendment amendments. vides that individual a credit or voucher for requires that the Federal Aviation Ad- Mr. WELLSTONE. I did not realize the purchase of a ticket on that air carrier ministration retain human observers that. or any affiliated air carrier in an amount at the automated surface transpor- (determined by the Secretary) of— Mr. FORD. But the 2 minutes are ‘‘(A) not less than $500 and not more than tation system stations which have had fine. $2,500 for the first violation; or a high rate of reporting error. The lan- Mr. WELLSTONE. I thank the Sen- ‘‘(B) not less than $2,500 and not more than guage in the amendment requires the ator. $5,000 for any subsequent violation, that air FAA to correct the problems and no- f carrier is liable to the United States Govern- tify Congress that the problems have ment for a civil penalty, determined by the been solved before it can remove a SENATOR MURIEL HUMPHREY Secretary, of not more than 100 percent of human observer from an ASOS station. Mr. WELLSTONE. I want to mention the amount of the credit or voucher so deter- ASOS is an automatic weather ob- to my colleague from Kentucky that mined. For purposes of this paragraph, each servance system which uses electronic tomorrow in Minnesota we are going to act of discrimination prohibited by section 41705 constitutes a separate violation of that sensors, computers and display units to have a service for Muriel Humphrey— section.’’. detect weather. It is fully automated Senator Humphrey. Both Humphreys On page 89, strike the item relating to sec- and computerized and is intended to re- were Senators. I wish to express the ap- tion 507 and insert the following: place human observers of on-the- preciation, love and affection all of the Sec. 507. Higher standards for handicapped ground weather conditions in specific people of Minnesota feel toward the access. locales. Information from ASOS sen- Humphrey family. AMENDMENT NO. 3624 sors are transmitted to a computer, Much has been written about Muriel (Purpose: To require human weather observ- and users, like pilots, can call a special Humphrey. I had a chance to get to ers for ASOS stations until the automated phone number or tune into a special meet her. I did not know her nearly as system reports consistently on changing radio frequency to obtain information. well as other Minnesotans, but I can conditions) ASOS is intended to make weather tell you she was a wonderful person, At the appropriate place, insert the fol- information collection and dissemina- very caring toward her family, very lowing new section: tion more cost-effective by replacing

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10832 CONGRESSIONAL RECORD — SENATE September 23, 1998 the human element with electronics. Mr. MCCAIN. Mr. President, I under- legislation. We have worked awfully The problem is that in the northern stand that these amendments have hard on our side. We have been able to tier states, such as Maine, the ASOS been cleared on both sides. I support clear up two or three that we worked system has problems discerning certain them. on pretty hard. The Snowe amend- weather conditions. For example, sleet Mr. FORD. Mr. President, I have no ments we have agreed to, the technical falls faster than snow so ASOS records objections and support the three corrections amendment we agreed to, it as rain and recently heavy smoke amendments of the Senator from and those have been taken care of. from Canadian forest fires caused the Maine, Ms. SNOWE. So we are moving on, even though it ASOS at the Houlton airport to report The PRESIDING OFFICER. There does not appear there is much action heavy fog at the airport. Needless to being no further discussion on the on the floor. Once the legislation is be- say, flying through fog is very different amendments, without objection, the fore the Senate, a vacuum is created. I than flying through smoke. This is a amendments are agreed to. learned that a long time ago. You may very serious matter and could result in The amendments (Nos. 3623, 3624, and not have everything put together, but life threatening problems if a pilot 3625) were agreed to. once you get started it creates a vacu- does not have the proper weather infor- Mr. MCCAIN. Mr. President, I move um, and I think we are on our way to mation. to reconsider the vote. being able to pass this piece of legisla- The ASOS systems in Maine have Mr. FORD. I move to lay that motion tion sometime tomorrow. been very unreliable. The station in on the table. The PRESIDING OFFICER. The Sen- Houlton recorded more than 1,400 mis- The motion to lay on the table was ator from Arizona. takes in one year. A letter from the agreed to. Mr. McCAIN. Mr. President, we are FAA dated May 26, 1998, to you admits AMENDMENT NO. 3626 awaiting the approval from the cloak- the problems with the system. (Purpose: To make technical corrections in rooms of this list. So while we are My third amendment increases fines the managers’ amendment) awaiting that, I suggest the absence of for those airlines which chose to dis- Mr. MCCAIN. Mr. President, on be- a quorum. criminate against the handicapped. Al- half of myself and Senator FORD, I send The PRESIDING OFFICER. The though the airlines have been working an amendment to the desk. clerk will call the roll. to improve their treatment of the The PRESIDING OFFICER. The The legislative clerk proceeded to handicapped, there have been some in- clerk will report the amendment. call the roll. cidents which warrant a sizable fine by The assistant legislative clerk read Mr. MCCAIN. Mr. President, I ask the Department of Transportation. as follows: unanimous consent that the order for For example, one of my constituents, The Senator from Arizona [Mr. MCCAIN], the quorum call be rescinded. Ms. Alice Conway, of Portland, Maine for himself and Mr. FORD, proposes an The PRESIDING OFFICER (Mr. was returning from Mexico in 1994 after amendment numbered 3626. GREGG). Without objection, it is so or- attending a disabilities related con- Mr. FORD. Mr. President, I ask unan- dered. ference. Her story is a very unfortu- imous consent that reading of the UNANIMOUS CONSENT AGREEMENT nate one and clearly illustrates the amendment be dispensed with. Mr. MCCAIN. Mr. President, I ask need for penalties which will deter such The PRESIDING OFFICER. Without unanimous consent that the following treatment by the airlines and their em- objection, it is so ordered. amendments be the only amendments ployees. The amendment is as follows: in order to S. 2279, that they be subject The problem began for Alice in Mex- On page 48 of the managers’ amendment, to relevant second-degree amendments, ico City. There a mechanical problem strike ‘‘additional’’ in line 12, line 16, and and that they be considered under time forced a 45 minute delay in departure. line 23. agreements where listed, and that any While other passengers were able to Mr. MCCAIN. Mr. President, this second-degree amendment be accorded exit the plane, nobody offered to help amendment is in the nature of tech- the same time as the first degree to Ms. Conway off the plane. After the nical corrections, and I ask for its im- which it is offered, and that the pre- flight finally got underway, Ms. mediate consideration. vious requirement of relevancy be in Conway, who is paraplegic, asked to The PRESIDING OFFICER. There effect. use the aisle chair in order to visit the being no further debate, without objec- The following is the list of the restroom. Ms. Conway was denied ac- tion, the amendment is agreed to. amendments: McCain-Ford amend- cess to the restroom because the chair The amendment (No. 3626) was agreed ment, a managers’ amendment; McCain had been forgotten. amendment which is relevant, 5 min- At one point of the flight, the plane to. Mr. MCCAIN. Mr. President, I move utes equally divided; Hollings amend- landed in Indianapolis. On the ground ment, relevant, 5 minutes equally di- there, the flight attendants refused to to reconsider the vote. Mr. FORD. I move to lay that motion vided; Gorton, relevant amendment, 5 bring her a chair and denied her any minutes equally divided; Ford, rel- assistance which would have allowed on the table. The motion to lay on the table was evant, 5 minutes equally divided; her to visit the restroom. As the flight agreed to. Bingaman, overflights, bolster Native traveled to Chicago, she asked is she Mr. MCCAIN. Mr. President, shortly Americans’ role, 30 minutes equally di- could scoot along the aisle of the air- we will have a list of agreed upon vided; Boxer amendment, relevant; craft to get to the restroom, a flight amendments for tomorrow. We do not Daschle, two relevant amendments; attendant told her that sitting in the DeWine, SOS, 10 minutes equally di- aisle was illegal and if she did so, she have time agreements on those amend- vided; Dorgan, regional jet tax incen- would be arrested when they landed. ments, I am sorry to say, but we at Finally, after seven hours of travel, least have the list narrowed down, and tives, 2 hours equally divided; Dorgan, an attendant gave her a blanket and a I am confident we are now approaching mandatory interline and joint fare bottle so that she could empty her co- the point where there are probably agreements, 2 hours equally divided; lostomy pouch while sitting in her only two or three controversial amend- Faircloth, SOS, 5 minutes equally di- seat. ments. vided; Feinstein, National Airport pe- She had to empty her colostomy My friend from Kentucky can correct rimeter slots; Harkin, relevant; Har- pouch in her seat! me, but I think the majority leader, in kin, slots; Inhofe, FAA emergency rev- How can any of us condone such be- consultation with the Democratic lead- ocation power—and, Mr. President, havior? Thankfully, this bill contains er, will decide at what time the vote on that is the pending amendment No. language that will create stiff pen- the Inhofe amendment will take place. 3620, the Inhofe amendment on FAA alties for those who violate the law. Mr. FORD. The Senator is correct. emergency revocation power; Landrieu, Again, I thank the Senator from Ari- And I am more than willing to work relevant amendment; Lott, relevant zona and the Senator from Kentucky out whatever time is agreeable to the amendment; Moynihan, airport im- and their staff for their assistance in two leaders. I agree with my friend provement, 1 hour equally divided; Mi- coming to agreement on these three that we need to move on. We are down kulski-Sarbanes, three amendments, amendments. to just very few votes on this piece of Reagan National, slots, and perimeter

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10833 rule, 30 minutes equally divided for can do it. We are here. Our staff is ualties on the battlefield due to the each of these three amendments; Roth, available. We are very amenable right misfortunes of war; it is quite another reintroduce title VIII to bill, 5 minutes now and probably more so tomorrow; thing to inflict on American service equally divided— but toward noon and a little after we men and women unnecessary wounds Mr. FORD. That has been taken care may get intolerable. So let’s hope we caused by a lack of foresight and plan- of. can do things early in the morning ning. That is unacceptable. Mr. McCAIN. That amendment would after our first vote. Unfortunately, what the GAO discov- be removed. I thank the Chair and thank my col- ered is that, as far as chemical weapons Thompson, criminal penalties for air- league. and chemical battlefields are con- men who fly without a certificate; Mr. MCCAIN. Mr. President, just for cerned, the United States military is Torricelli-Lautenberg, Quiet Commu- the record, I want to make it clear that still in Cold War mode. DOD’s focus in nities Act, 1 hour equally divided; these are first-degree amendments this area is still to enable U.S. forces Torricelli, relevant; D’Amato-Moy- only. to survive, fight, and win in the dread- nihan, DOT issue 70 slot exemptions at The PRESIDING OFFICER. The ed all-out nuclear, biological, and JFK Airport, New York, 10 minutes RECORD will so reflect. chemical battlefields of the Cold War. equally divided; Lott-Frist-Moynihan DOD has no strategy to address low- f amendment, limit eligible airport size level exposures to chemical warfare for regional jet section, and Reagan MORNING BUSINESS agents. None. Nada. Zip. Despite the fact that existing DOD-conducted re- National commuter slots, 10 minutes Mr. MCCAIN. Mr. President, I ask search indicates that low-level expo- equally divided; Reed of Rhode Island, unanimous consent that there be a pe- sures to some chemical warfare agents noise at Rhode Island airport, 15 min- riod for the transaction of routine may result in adverse short-term per- utes equally divided; Reed of Rhode Is- morning business with Senators per- formance and long-term health effects, land, code-sharing notice, 15 minutes mitted to speak for up to 5 minutes the Department of Defense has not equally divided; Robb, Reagan National each. stated a policy or developed doctrine Airport, slots and perimeter rule, 1 The PRESIDING OFFICER. Without on the protection of troops from low- hour equally divided; Warner, prohibit objection, it is so ordered. new Reagan National slots and perim- level exposures to chemical warfare eter rule exemptions until MWAA f agents on the battlefield. Apparently, nominees confirmed by the Senate, 1 ACKNOWLEDGMENT OF SENATOR DOD prefers to concentrate on ‘‘win- hour equally divided; Warner, notice, HAGEL’S 100TH PRESIDING HOUR ning,’’ and hand off any chemical cas- comment and hearings before pro- ualties to the Department of Veterans Mr. LOTT. Mr. President, I have the ceeding with Reagan National slots and Affairs with a ‘‘no longer my business’’ pleasure to announce that Senator perimeter rule exemptions, 1 hour attitude. I think we need to look at the CHUCK HAGEL is the latest recipient of equally divided; Domenici amendment bigger picture and give the safety of the Senate’s golden gavel award, mark- regarding Taos; D’Amato, travel our military personnel the consider- ing his 100th hour of presiding over the agents, 20 minutes equally divided; ation they certainly deserve. U.S. Senate. Coats, Reagan National Airport slots; Even in the wake of disclosures by The golden gavel award has long- Daschle, relevant. DOD that approximately 100,000 U.S. served as a symbol of appreciation for Mr. FORD. McCain-Ford managers’ troops might have been exposed to the time that Senators contribute to amendment. some harmful level of chemical nerve presiding over the U.S. Senate—a privi- Mr. MCCAIN. I did that at the start. and blister agents resulting from the The PRESIDING OFFICER. Without leged and important duty. Since the destruction of a single Iraqi munitions objection, it is so ordered. 1960’s, Senators who preside for 100 dump, less than two percent of DOD’s Mr. McCAIN. Before I proceed fur- hours have been recognized with this chemical and biological defense re- ther, I do want to say that although it coveted award. search and development program funds looks like there are a lot of amend- On behalf of the Senate, I extend our have been allocated to low-level chem- ments, we are working out agreements sincere appreciation to Senator HAGEL ical exposure issues in the two years on almost all of them. So I urge my and his diligent staff for their efforts since those disclosures. DOD claims colleagues to get with us tomorrow. We and commitment to presiding duties that there is ‘‘no validated threat’’ of can work out these agreements and during the 105th Congress. low-level chemical exposure to warrant have two or three amendments and f greater effort, even as it continues to hopefully get this legislation passed analyze other incidents during the Gulf PREPARING FOR FUTURE today. War that may result in more troops BATTLEFIELDS Before I proceed, I ask if the distin- being notified that they may have been guished Senator from Kentucky has Mr. BYRD. Mr. President, in June exposed to low doses of chemical war- any remarks. 1997, Senator GLENN, Senator LEVIN, fare agents. Moreover, the GAO report I yield the floor. and I requested the General Account- notes that DOD did a study just last Mr. FORD. Mr. President, I have no ing Office (GAO) to examine the De- year analyzing the impact of state disagreement with the unanimous con- partment of Defense’s (DOD) approach sponsored terrorist attacks using low sent proposal, particularly retaining for addressing U.S. troop exposures to levels of chemical warfare agent to the relevancy that is in effect now. low levels of chemical warfare agents. clandestinely disrupt U.S. military op- There is only one question I might That report is being released today. erations. have. There is a Torricelli-Lautenberg This kind of exposure, most recently It seems both prudent and reasonable Quiet Communities Act amendment experienced in the immediate after- to at least begin the conceptual work that should be for both, I think. And math of the Persian Gulf War—and pos- to address the issue of low-level expo- just so long as that is understood that sibly during it—is likely to become an sures to chemical warfare agents. But it is not two amendments; it is only ever greater threat, as more nations what GAO found instead was a few un- one. seek a battlefield advantage by em- coordinated efforts by concerned of- Mr. MCCAIN. That is a Torricelli- ploying the ‘‘poor man’s bomb,’’ chem- fices to look into this current and fu- Lautenberg amendment. ical weapons. Our concern was to en- ture threat. This issue demands a top- Mr. FORD. One amendment rather sure that the Department of Defense down approach, in which the broad than two. If we could cut an amend- had, in fact, learned the lessons of the strategy or framework can guide the ment off now, we ought to do it instead Persian Gulf War and had taken effec- development of research, new tech- of waiting until tomorrow. So I agree tive steps to address any weaknesses nology, and operational practice to with my colleague, we have an oppor- that might result in the soldiers of fu- better defend American men and tunity to finish this bill tomorrow. ture wars being needlessly harmed by women, our sons and daughters, And it is one of those ‘‘must-pass’’ exposure to low levels of chemical grandsons and granddaughters, when bills. And I am very hopeful that we weapons. It is one thing to suffer cas- they don the uniform of the United

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10834 CONGRESSIONAL RECORD — SENATE September 23, 1998 States and defend our interests in the each day, 1,115,000 barrels a day less debt increase of more than $4 trillion— hardest and most courageous manner. than the 8,526,000 imported during the $4,161,344,621,727.95 (Four trillion, one For this reason, and based upon the same week a year ago. hundred sixty-one billion, three hun- material which the GAO investigators While this is one of the rare weeks dred forty-four million, six hundred had uncovered, I authored an amend- when Americans imported slightly less twenty-one thousand, seven hundred ment, which Senator GLENN cospon- foreign oil than the same week a year twenty-seven dollars and ninety-five sored, to this year’s Department of De- ago, Americans nonetheless relied on cents) during the past 15 years. fense Authorization bill to require the foreign oil for 54 percent of their needs f Secretary of Defense to review and last week. There are no signs that the modify chemical warfare defense poli- upward spiral will abate. Before the NOMINATION OF AMY ROSEN TO cies and doctrine. The review calls Persian Gulf War, the United States AMTRAK REFORM BOARD upon DOD to address providing ade- imported about 45 percent of its oil Mr. WYDEN. Mr. President, earlier quate protection from any low-level ex- supply from foreign countries. During today, I called in a hold on the nomina- posure, whether singly or in combina- the Arab oil embargo in the 1970s, for- tion of Amy Rosen to the Amtrak Re- tion with other hazards, and whether eign oil accounted for only 35 percent form Board. Consistent with my policy to a single agent or to multiple agents of America’s oil supply. of publicly disclosing holds, I am in- and hazards over time. This amend- All Americans should ponder the eco- cluding the following statement in the ment also requires the Secretary to ad- nomic calamity certain to occur in the CONGRESSIONAL RECORD, stating my dress the reporting, coordinating, and U.S. if and when foreign producers shut reasons for placing a hold on this nomi- retaining of information on possible off our supply—or double the already nation: exposures, including monitoring the enormous cost of imported oil flowing I am placing a hold on the nomina- health effects of those exposures by lo- into the U.S.: now 7,411,000 barrels a tion of Amy Rosen to the Amtrak Re- cation, so that other mistakes of the day at a cost of approximately form Board because of her role as an Persian Gulf War are not extended to $89,006,110 a day. Amtrak Board member in voting to future battles. Additionally, this f terminate Amtrak’s Pioneer route. A amendment calls upon the Secretary to THE VERY BAD DEBT BOXSCORE subsequent GAO report indicates that develop and carry out a research pro- Mr. HELMS. Mr. President, at the at the time Ms. Rosen approved termi- gram on the health effects of low-level nating the Pioneer, other Amtrak exposures that can guide the Secretary close of business yesterday, Wednes- day, September 22, 1998, the federal routes that were even less profitable in the evolution of policy and doctrine than the Pioneer were kept in service. on low-level exposures to chemical debt stood at $5,515,818,621,727.95 (Five trillion, five hundred fifteen billion, Before I will allow Ms. Rosen’s nomina- warfare agents. I am very pleased that tion to move forward, I am seeking cer- the amendment was retained in con- eight hundred eighteen million, six hundred twenty-one thousand, seven tain assurances from Ms. Rosen that if ference, and I look forward to the re- confirmed as a member of the Amtrak port on the review, which is due on hundred twenty-seven dollars and nine- ty-five cents). Reform Board, she will insist that Am- May 1, 1999. trak make decisions about passenger I am also pleased with the fine and One year ago, September 22, 1997, the rail service on the basis of objective fi- useful work done by GAO on this re- federal debt stood at $5,378,804,000,000 (Five trillion, three hundred seventy- nancial criteria. port, particularly by Dr. Sushil Subsequent to calling in my hold on Sharma and Mr. Jeffery Harris. I hope eight billion, eight hundred four mil- lion). Ms. Rosen’s nomination, I and my staff that the Department of Defense finds had conversations with her to discuss their analysis and their conclusions Five years ago, September 22, 1993, the federal debt stood at my concerns. During those conversa- helpful as it begins the review man- tions, I received assurances from Ms. dated in the Department of Defense $4,395,748,000,000 (Four trillion, three hundred ninety-five billion, seven hun- Rosen that as an Amtrak Board mem- Authorization conference report. And ber, she would insist that decisions finally, I thank Senator LEVIN and Sen- dred forty-eight million). Ten years ago, September 22, 1988, about Amtrak routes and services ator GLENN for their interest in this the federal debt stood at would be made on the basis of objective matter. $2,587,230,000,000 (Two trillion, five hun- financial criteria and that she would f dred eighty-seven billion, two hundred work with me and other Members of U.S. FOREIGN OIL CONSUMPTION thirty million). Congress to address the needs of rural FOR WEEK ENDING SEPTEMBER 18 Fifteen years ago, September 22, 1983, communities for passenger rail service. Mr. HELMS. Mr. President, the Amer- the federal debt stood at As a result of these conversations, I am ican Petroleum Institute reports that $1,354,474,000,000 (One trillion, three withdrawing my hold on Amy Rosen’s for the week ending September 18, the hundred fifty-four billion, four hundred nomination to the Amtrak Reform U.S. imported 7,411,000 barrelsh of oil seventy-four million) which reflects a Board. FOREIGN CURRENCY REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- port(s) of standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel:

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY FOR TRAVEL FROM APR. 1 TO JUNE 30, 1998

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Edward J. Barron: United States ...... Dollar ...... 2,557.75 ...... 2,557.75 Switzerland ...... Franc ...... 1,737.85 1,175.00 ...... 1,175.00 Bryan Edwardson: United States ...... Dollar ...... 2,557.75 ...... 2,557.75 Switzerland ...... Franc ...... 2,045.20 1,382.83 ...... 1,382.83 Terri Snow Markwart: United States ...... Dollar ...... 2,557.75 ...... 2,557.75 Switzerland ...... Franc ...... 1,767.70 1,195.20 ...... 1,195.20

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 8634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10835 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY FOR TRAVEL FROM APR. 1 TO JUNE 30, 1998—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Total ...... 3,753.03 ...... 7,673.25 ...... 11,426.28 RICHARD G. LUGAR, Chairman, Committee on Agriculture, Nutrition, and Forestry, July 9, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS, FOR TRAVEL FROM APR. 1 TO JUNE 30, 1998

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Sid Ashworth: Kuwait ...... Dollar ...... 440.00 ...... 440.00 Belgium ...... Franc ...... 9,995 270.00 ...... 9,995 270.00 Charlie Houy: Kuwait ...... Dollar ...... 229.00 ...... 229.00 Belgium ...... Franc ...... 9,995 270.00 ...... 9,995 270.00 Tom Hawkins: Kuwait ...... Dollar ...... 250.00 ...... 250.00 Belgium ...... Franc ...... 9,995 270.00 ...... 9,995 270.00 Sid Ashworth: South Korea ...... Won ...... 837,540 594.00 ...... 837,540 594.00 Indonesia ...... Dollar ...... 985.00 ...... 985.00 United States ...... Dollar ...... 4,570.00 ...... 4,570.00 Steve Cortese: South Korea ...... Won ...... 837,540 594.00 ...... 837,540 594.00 Indonesia ...... Dollar ...... 985.00 ...... 985.00 United States ...... Dollar ...... 4,570.00 ...... 4,570.00 Senator Ted Stevens: Kuwait ...... Dollar ...... 440.00 ...... 440.00 Belgium ...... Franc ...... 9,995 270.00 ...... 9,995 270.00 Senator Pete Domenici: Kuwait ...... Dollar ...... 440.00 ...... 440.00 Belgium ...... Franc ...... 9,995 270.00 ...... 9,995 270.00 Senator Conrad Burns: Kuwait ...... Dollar ...... 440.00 ...... 440.00 Belgium ...... Franc ...... 9,995 270.00 ...... 9,995 270.00 Saudia Arabia ...... Dollar ...... 208.00 ...... 208.00 Senator Kay Bailey Hutchison: Kuwait ...... Dollar ...... 249.00 ...... 249.00 Belgium ...... Franc ...... 9,995 270.00 ...... 9,995 270.00 Senator Daniel Inouye: Kuwait ...... Dollar ...... 302.00 ...... 302.00 Belgium ...... Franc ...... 9,995 270.00 ...... 9,995 270.00 Steven Cortese: Kuwait ...... Dollar ...... 440.00 ...... 440.00 Belgium ...... Franc ...... 9,995 270.00 ...... 9,995 270.00 Robin Cleveland: Singapore ...... Dollar ...... 199.00 ...... 199.00 Indonesia ...... Dollar ...... 732.00 ...... 732.00 Thailand ...... Dollar ...... 570.00 ...... 570.00 United States ...... Dollar ...... 4,570.00 ...... 4,570.00 Total ...... 10,527.00 ...... 13,710.00 ...... 24,237.00 TED STEVENS, Chairman, Committee on Appropriations, July 31, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM JAN. 13 TO JAN. 24, 1998

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Ted Stevens: New Zealand ...... Dollar ...... 457.85 260.00 ...... 59.45 ...... 119.67 ...... 439.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53 Senator Thad Cochran: New Zealand ...... Dollar ...... 457.85 260.00 ...... 59.45 ...... 119.67 ...... 439.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53 Senator Slade Gorton: New Zealand ...... Dollar ...... 457.85 260.00 ...... 59.45 ...... 119.67 ...... 439.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53 Senator Conrad Burns: New Zealand ...... Dollar ...... 457.85 260.00 ...... 59.45 ...... 119.67 ...... 439.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53 Senator Larry Craig: New Zealand ...... Dollar ...... 457.85 260.00 ...... 59.45 ...... 119.67 ...... 439.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53 Steven J. Cortese: New Zealand ...... Dollar ...... 457.85 260.00 ...... 59.45 ...... 119.67 ...... 439.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53 Sid Ashworth: New Zealand ...... Dollar ...... 1,128.80 641.00 ...... 59.45 ...... 119.67 ...... 820.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53 Scott Gudes: New Zealand ...... Dollar ...... 457.85 260.00 ...... 59.45 ...... 119.67 ...... 439.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53 Jon Kamarck: New Zealand ...... Dollar ...... 457.85 260.00 ...... 59.45 ...... 119.67 ...... 439.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53 Andy Givens: New Zealand ...... Dollar ...... 457.85 260.00 ...... 59.45 ...... 119.67 ...... 439.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 8634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10836 CONGRESSIONAL RECORD — SENATE September 23, 1998 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM JAN. 13 TO JAN. 24, 1998—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Mike Ware: New Zealand ...... Dollar ...... 457.85 260.00 ...... 59.45 ...... 119.67 ...... 439.12 Australia ...... Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53 Susan Hogan: Australia ...... *COM041*Dollar ...... 1,059.85 690.00 ...... 120.25 ...... 180.28 ...... 990.53

Total ...... 11,521.00 ...... 2,096.95 ...... 3,479.73 ...... 17,097.68

Miscellaneous expenses include direct payments and reimbursements to the Dept. of State under authority of Section 502(b) of the Mutual Security Act of 1954, as amended by Section 22 of Public Law 95–384, and Senate Resolution 179, agreed to May 25, 1977. TED STEVENS, Chairman, Committee on Appropriations, May 26, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM APR. TO JUNE 30, 1998

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator John Warner: Italy ...... Dollar ...... 516.00 ...... 516.00 Tunisia ...... Dollar ...... 358.00 ...... 358.00 Azerbaijan ...... Dollar ...... 1,038.00 ...... 1,038.00 United States ...... Dollar ...... 4,490.95 ...... 4,490.95 Senator Max Cleland: England ...... Dollar ...... 913.27 ...... 913.27 Germany ...... Dollar ...... 712.34 ...... 712.34 Belgium ...... Dollar ...... 316.91 ...... 316.91 United States ...... Dollar ...... 4,517.21 ...... 4,517.21 Mr. Michael Willams: England ...... Dollar ...... 864.40 ...... 864.40 Germany ...... Dollar ...... 678.09 ...... 678.09 Belgium ...... Dollar ...... 324.00 ...... 324.00 United States ...... Dollar ...... 4,030.96 ...... 4,030.96 Mr. Simon Sargent: England ...... Dollar ...... 861.04 ...... 861.04 Germany ...... Dollar ...... 736.81 ...... 736.81 Belgium ...... Dollar ...... 298.20 ...... 298.20 England ...... Dollar ...... 23.59 ...... 23.59 Germany ...... Dollar ...... 15.23 ...... 15.23 Belgiumn ...... Dollar ...... 16.86 ...... 16.86 United States ...... Dollar ...... 2,913,66 ...... 2,913.66 Mr. William S. Chapman England ...... Dollar ...... 920.01 ...... 920.01 England ...... Dollar ...... 26.96 ...... 26.96 Germany ...... Dollar ...... 649.81 ...... 649.81 Germany ...... Dollar ...... 29.91 ...... 29.91 Belgium ...... Dollar ...... 386.56 ...... 386.56 Mr. William S. Chapman: Belgium ...... Dollar ...... 23.74 ...... 23.74 United States ...... Dollar ...... 3,539.60 ...... 3,539.60 Ms. Jennifer Wardrep: England ...... Dollar ...... 859.35 ...... 859.35 England ...... Dollar ...... 25.28 ...... 25.28 Germany ...... Dollar ...... 766.72 ...... 766.72 Germany ...... Dollar ...... 33.71 ...... 33.71 Belgium ...... Dollar ...... 242.36 ...... 242.36 Belgium ...... Dollar ...... 11.85 ...... 11.85 United States ...... Dollar ...... 2,913.66 ...... 2,913.66 Mr. Patrick T. Henry: Germany ...... Dollar ...... 898.00 ...... 898.00 Belgium ...... Dollar ...... 270.00 ...... 270.00 United States ...... Dollar ...... 5,025.83 ...... 5,025.83 Senator Jeff Bingaman: China ...... Dollar ...... 771.00 ...... 771.00 South Korea ...... Dollar ...... 786.00 ...... 786.00 Japan ...... Dollar ...... 828.00 ...... 828.00 United States ...... Dollar ...... 4,814.00 ...... 4,814.00 Mr. Patrick Von Bargen: China ...... Dollar ...... 771.00 ...... 771.00 South Korea ...... Dollar ...... 786.00 ...... 786.00 Japan ...... Dollar ...... 828.00 ...... 828.00 United States ...... Dollar ...... 4,814.00 ...... 4,814.00 Mr. G. Wayne Glass: China ...... Dollar ...... 771.00 ...... 771.00 South Korea ...... Dollar ...... 786.00 ...... 786.00 Japan ...... Dollar ...... 828.00 ...... 828.00 United States ...... Dollar ...... 4,814.00 ...... 4,814.00 Mr. Randy Soderquist: China ...... Dollar ...... 771.00 ...... 771.00 South Korea ...... Dollar ...... 786.00 ...... 786.00 Japan ...... Dollar ...... 828.00 ...... 828.00 United States ...... Dollar ...... 4,814.00 ...... 4,814.00

Total ...... 22,149.87 ...... 46,814.39 ...... 80.61 ...... 69,044.87 STROM THURMOND, Chairman, Committee on Armed Services, July 1, 1998.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 8634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10837 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION FOR TRAVEL FROM APR. 1, TO JUNE 30, 1998

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator John McCain: Canada ...... Dollar ...... 211.73 149.93 ...... 211.73 149.93 United States ...... Dollar ...... 1,593.81 ...... 1,593.81 Mark A. Buse: Canada ...... Dollar ...... 535.52 379.21 ...... 535.52 379.21 United States ...... Dollar ...... 1,167.18 ...... 1,167.18 Total ...... 529.14 ...... 2,760.99 ...... 3,290.13 JOHN McCAIN, Chairman, Committee on Commerce, Science, and Transportation, July 22, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENERGY AND NATURAL RESOURCES FOR TRAVEL FROM JAN. 1 TO MAR. 31 1998

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Frank H. Murkowski: Venezuela ...... Bolivar ...... 256,949 497.00 ...... 256,949 497.00 Senator Daniel Akaka: Venezuela ...... Bolivar ...... 256,949 497.00 ...... 256,949 497.00 Senator Craig Thomas: Venezuela ...... Bolivar ...... 256,949 497.00 ...... 256,949 497.00 Senator Mary Landrieu: Venezuela ...... Bolivar ...... 256,949 497.00 ...... 256,949 497.00 Mary Katherine Ishee: Venezuela ...... Bolivar ...... 153,549 297.00 ...... 153,549 297.00 Michael Poling: Venezuela ...... Bolivar ...... 183,793 355.50 ...... 183,793 355.50 Jamie H. Fox: Venezuela ...... Bolivar ...... 153,549 297.00 ...... 153,549 297.00 Geraldine Gentry: Venezuela ...... Bolivar ...... 163,114 315.50 ...... 163,114 315.50 Norma Jane Sabiston: Venezuela ...... Bolivar ...... 168,283 325.50 ...... 168,283 325.50 Andrew D. Lundquist: Venezuela ...... Bolivar ...... 188,963 365.50 ...... 188,963 365.50 David Garman: Venezuela ...... Bolivar ...... 164,664 318.50 ...... 164,664 318.50 Derek Jumper: Venezuela ...... Bolivar ...... 188,963 365.50 ...... 188,963 365.50 Senator Frank H. Murkowski: United States ...... Dollar ...... 754.00 ...... 754.00 Total ...... 4,628.00 ...... 754.00 ...... 5,382.00 FRANK MURKOWSKI, Chairman, Committee on Energy and Natural Resources, June 16, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 1998

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Sam Brownback: Uzbekistan ...... Dollar ...... 609.00 ...... 609.00 Kazakhstan ...... Dollar ...... 4.00 ...... 4.00 Georgia ...... Dollar ...... 451.00 ...... 451.00 United States ...... Dollar ...... 5,093.22 ...... 5,093.22 Senator Chuck Hagel: Georgia ...... Dollar ...... 242.00 ...... 242.00 Turkey ...... Dollar ...... 430.00 ...... 430.00 Azerbaijan ...... Dollar ...... 245.00 ...... 245.00 Turkmenistan ...... Dollar ...... 88.00 ...... 88.00 Italy ...... Dollar ...... 151.00 ...... 151.00 United States ...... Dollar ...... 4,261.09 ...... 4,261.09 Senator Gordon Smith: Russia ...... Dollar ...... 1,750.00 ...... 1,750.00 Steven Biegun: Russia ...... Dollar ...... 1,750.00 ...... 1,750.00 Ellen Bork: Burma ...... Dollar ...... 347.00 ...... 347.00 Thailand ...... Dollar ...... 728.00 ...... 728.00 Cambodia ...... Dollar ...... 425.00 ...... 425.00 United States ...... Dollar ...... 4,025.00 ...... 4,025.00 Robert Epplin: Russia ...... Dollar ...... 1,750.00 ...... 1,750.00 Michael Haltzel: Serbia-Montenegro ...... Dollar ...... 400.00 ...... 400.00 Macedonia ...... Dollar ...... 280.00 ...... 280.00 Albania ...... Dollar ...... 120.00 ...... 120.00 United States ...... Dollar ...... 3,823.62 ...... 3,823.62 Janice O’Connell: Costa Rica ...... Dollar ...... 68.00 ...... 68.00 United States ...... Dollar ...... 882.70 ...... 882.70 Frank Jannuzi: Thailand ...... Dollar ...... 450.00 ...... 450.00 Burma ...... Dollar ...... 280.00 ...... 280.00 Cambodia ...... Dollar ...... 500.00 ...... 500.00 Indonesia ...... Dollar ...... 970.00 ...... 970.00 United States ...... Dollar ...... 5,040.00 ...... 5,040.00

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 4624 Sfmt 8634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10838 CONGRESSIONAL RECORD — SENATE September 23, 1998 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 1998—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Patti McNerney: Tanzania ...... Shilling ...... 243,688 710.00 ...... 243,688 710.00 Netherlands ...... Guilder ...... 914.63 494.00 ...... 914.63 494.00 United States ...... Dollar ...... 7,585.38 ...... 7,585.38 Roger Noriega: Bahamas ...... Dollar ...... 823.00 ...... 823.00 United States ...... Dollar ...... 481.01 ...... 481.01 Puneet Talwar: Switzerland ...... Dollar ...... 830.00 ...... 830.00 United States ...... Dollar ...... 4,970.77 ...... 4,970.77 Kenneth Peel: Georgia ...... Dollar ...... 242.00 ...... 242.00 Turkey ...... Dollar ...... 430.00 ...... 430.00 Azerbaijan ...... Dollar ...... 245.00 ...... 245.00 Turkmenistan ...... Dollar ...... 88.00 ...... 88.00 Italy ...... Dollar ...... 151.00 ...... 151.00 United States ...... Dollar ...... 4,261.09 ...... 4,261.09 Christina Rocca: Uzbekistan ...... Dollar ...... 724.00 ...... 724.00 Kyrgyzstan ...... Dollar ...... 20.00 ...... 20.00 Kazakhstan ...... Dollar ...... 117.00 ...... 117.00 Georgia ...... Dollar ...... 474.00 ...... 474.00 United States ...... Dollar ...... 5,093.22 ...... 5,093.22 Elizabeth Wilson: Serbia-Montenegro ...... Dollar ...... 400.00 ...... 400.00 Macedonia ...... Dollar ...... 280.00 ...... 280.00 Albania ...... Dollar ...... 120.00 ...... 120.00 United States ...... Dollar ...... 3,498.62 ...... 3,498.62 Michael Westphal: Tanzania ...... Shilling ...... 243,688 710.00 ...... 243,688 710.00 Netherlands ...... Guilder ...... 914.63 494.00 ...... 914.63 494.00 United States ...... Dollar ...... 7,585.38 ...... 7,585.38 Total ...... 19,390.00 ...... 56,601.10 ...... 75,991.10 JESSE HELMS, Chairman, Committee on Foreign Relations, Aug. 4, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON THE JUDICIARY FOR TRAVEL FROM APR. 1 TO JUNE 30, 1998

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Orrin Hatch: United States ...... Dollar ...... 1,750.00 ...... 1,750.00 Robert Dibblee: United States ...... Dollar ...... 1,750.00 ...... 1,750.00 Paul Matulic: United States ...... Dollar ...... 1,750.00 ...... 1,750.00 Mark Rokala: United States ...... Dollar ...... 972.75 ...... 972.75 Switzerland ...... Franc ...... 1,402.71 948.42 196 132.52 ...... 1,598.71 1,080.94 France ...... Dollar ...... 237.00 ...... 237.00 Netherlands ...... Dollar ...... 270.00 ...... 270.00 Senator Robert Torricelli: United States ...... Dollar ...... 4,240.00 ...... 4,240.00 Northern Ireland ...... 269.00 ...... 269.00 Ireland ...... Dollar ...... 566.00 ...... 566.00 Andrew Dubill: United States ...... Dollar ...... 4,292.00 ...... 4,292.00 Northern Ireland ...... Dollar ...... 269.00 ...... 269.00 Ireland ...... Dollar ...... 713.00 ...... 713.00 Joshua D. Shapiro United States ...... Dollar ...... 4,292.00 ...... 4,292.00 Northern Ireland ...... Dollar ...... 269.00 ...... 269.00 Ireland ...... Dollar ...... 713.00 ...... 713.00 James P. Fox: United States ...... Dollar ...... 4,292.00 ...... 4,292.00 Northern Ireland ...... Dollar ...... 269.00 ...... 269.00 Ireland ...... Dollar ...... 713.00 ...... 713.00 Total ...... 4,967.42 ...... 23,740.27 ...... 28,707.69 ORRIN HATCH, Chairman, Committee on the Judiciary, Sept. 1, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), SELECT COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM APR. 1, TO JUNE 30, 1998

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Richard Shelby ...... 764.00 ...... 1,526.00 ...... 2,290.00 William Duhnke ...... 1,038.50 ...... 1,526.00 ...... 2,564.50 Peter Flory ...... 600.50 ...... 1,526.00 ...... 2,126.50 Paul Doerrer ...... 844.00 ...... 1,526.00 ...... 2,370.00 James Stinebower ...... 823.00 ...... 481.01 ...... 1,304.01 Senator Richard C. Shelby ...... 1,048.57 ...... 3,545.62 ...... 4,594.19 Peter Dorn ...... 1,081.57 ...... 3,545.62 ...... 4,627.19 Kenneth Myers ...... 1,307.00 ...... 5,684.13 ...... 6,991.13 Senator Richard Lugar ...... 227.00 ...... 5,684.13 ...... 5,911.13 Christopher Straub ...... 339.87 ...... 1,573.00 ...... 1,912.87 James Stinebower ...... 762.02 ...... 1,573.00 ...... 2,335.02

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00100 Fmt 4624 Sfmt 8634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10839 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), SELECT COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM APR. 1, TO JUNE 30, 1998—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Gina Marie Hatheway ...... 21.50 ...... 21.50 Joan Grimson ...... 21.00 ...... 21.00 Senator Pat Roberts ...... 468.00 ...... 468.00 Total ...... 9,346.53 ...... 28,190.51 ...... 37,537.04 RICHARD SHELBY, Chairman, Select Committee on Intelligence, July 7, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON SECURITY AND COOPERATION IN EUROPE FOR TRAVEL FROM APR. 1 TO JUNE 30, 1998

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Orest Deychakiwsky: United States ...... Dollar ...... 4,260.41 ...... 4,260.41 Ukraine ...... Dollar ...... 1,890.00 ...... 1,890,00 John Finerty: United States ...... Dollar ...... 4,261.51 ...... 4,261.51 Moldova ...... Dollar ...... 945.00 ...... 200.00 ...... 1,145.00 Ukraine ...... Dollar ...... 2,075.00 ...... 2,075.00 Chadwick Gore: United States ...... Dollar ...... 4,260.41 ...... 4,260.41 Ukraine ...... Dollar ...... 1,645.00 ...... 1,645.00 United States ...... Dollar ...... 4,832.00 ...... 4,832.00 Austria ...... Dollar ...... 684.00 ...... 684.00 Poland ...... Dollar ...... 1,368.00 ...... 1,368.00 Robert Hand: Portugal ...... Dollar ...... 166.00 ...... 166.00 Bosnia-Herzegovina ...... Dollar ...... 532.00 ...... 532.00 Belgium ...... Dollar ...... 220.00 ...... 220.00 Serbia-Montenegro ...... Dollar ...... 532.00 ...... 2,756.07 ...... 3,288.07 Janice Helwig: Austria ...... Dollar ...... 14,047.92 ...... 14,047.92 Rep. Maurice Hinchey: Portugal ...... Dollar ...... 166.00 ...... 166.00 Bosnia-Herzegovina ...... Dollar ...... 1,202.00 ...... 1,202.00 Belgium ...... Dollar ...... 220.00 ...... 220.00 Rep. Steny Hoyer: United States ...... Dollar ...... 8,447.91 ...... 8,447.91 Japan ...... Dollar ...... 402.00 ...... 402.00 Korea ...... Dollar ...... 396.00 ...... 396.00 Portugal ...... Dollar ...... 166.00 ...... 166.00 Bosnia-Herzegovina ...... Dollar ...... 1,202.00 ...... 1,202.00 Belgium ...... Dollar ...... 220.00 ...... 220.00 Karen Lord: United States ...... Dollar ...... 4,629.12 ...... 4,629.12 Germany ...... Dollar ...... 156.00 ...... 156.00 Belgium ...... Dollar ...... 752.00 ...... 752.00 France ...... Dollar ...... 752.00 ...... 752.00 Ronald McNamara: United States ...... Dollar ...... 1,588.43 ...... 1,588.43 Spain ...... Dollar ...... 255.00 ...... 255.00 E. Wayne Merry: United States ...... Dollar ...... 3,309.11 ...... 3,309.11 Moldova ...... Dollar ...... 525.00 ...... 525.00 Bosnia-Herzegovina ...... Dollar ...... 1,202.00 ...... 1,202.00 Belgium ...... Dollar ...... 220.00 ...... 220.00 Dorothy D. Taft: United States ...... Dollar ...... 2,488.40 ...... 2,488.40 Bosnia-Herzegovina ...... Dollar ...... 495.00 ...... 495.00 Belgium ...... Dollar ...... 390.00 ...... 390.00 Czech Republic ...... Dollar ...... 1,031.00 ...... 1,031.00 United States ...... Dollar ...... 6,458.40 ...... 6,458.40 Uzbekistan ...... Dollar ...... 1,066.00 ...... 1,066.00 Turkey ...... Dollar ...... 168.00 ...... 168.00 Austria ...... Dollar ...... 386.03 ...... 386.03 Total ...... 35,476.95 ...... 47,491.77 ...... 82,968.72 ALFONSE D’AMATO, Chairman, Commission on Security and Cooperation in Europe, June 30, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY THE MAJORITY LEADER FROM APR. 1 TO JUNE 30, 1998

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Bill Frist: Kuwait ...... Dollar ...... 230.00 ...... 230.00 Belgium ...... Franc ...... 5,997 162.00 ...... 5,997 162.00 Senator Pat Roberts: Kuwait ...... Dollar ...... 440.00 ...... 440.00 Belgium ...... Franc ...... 9,995 270.00 ...... 9,995 270.00 Sally Walsh: United States ...... Dollar ...... 297.00 ...... 297.00 France ...... Franc ...... 3,763.40 620.00 ...... 3,763.40 620.00 Russia ...... Dollar ...... 626.00 ...... 626.00 Germany ...... Mark ...... 426.53 221.00 ...... 221.00

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00101 Fmt 4624 Sfmt 8634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10840 CONGRESSIONAL RECORD — SENATE September 23, 1998 CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY THE MAJORITY LEADER FROM APR. 1 TO JUNE 30, 1998—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Total ...... 2,866.00 ...... 2,866.00 TRENT LOTT, Majority Leader, July 20, 1998.

CONSOLIDATED REPORT OF EXPENDITURE OF FOREIGN CURRENCIES AND APPROPRIATED FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), FOR TRAVEL AUTHORIZED BY THE MAJORITY AND MINORITY LEADERS FROM MAY 23 TO MAY 31, 1998

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Don Nickles: United States ...... Dollar ...... 4,873.52 ...... 4,873.52 Israel ...... Dollar ...... 660.00 ...... 660.00 Cyprus ...... Pound ...... 99.84 192.00 ...... 99.84 192.00 Italy ...... Dollar ...... 210.00 ...... 210.00 Lire ...... 158,067 91.00 ...... 158,067 91.00 Senator Joseph Lieberman: United States ...... Dollar ...... 4,777.48 ...... 4,777.48 Israel ...... Dollar ...... 969.60 ...... 969.60 Cyprus ...... Pound ...... 88.54 170.00 ...... 88.54 170.00 Senator Jack Reed: United States ...... Dollar ...... 4,994.20 ...... 4,994.20 Israel ...... Dollar ...... 684.00 ...... 684.00 Bret Bernhardt: United States ...... Dollar ...... 3,396.52 ...... 3,396.52 Israel ...... Dollar ...... 667.00 ...... 667.00 Cyprus ...... Pound ...... 99.84 192.00 ...... 99.84 192.00 Italy ...... Dollar ...... 210.00 ...... 210.00 Lire ...... 158,067 91.00 ...... 158,067 91.00 Sherry Brown: United States ...... Dollar ...... 2,553.78 ...... 2,553.78 Israel ...... Dollar ...... 1,126.40 ...... 1,126.40 Cyprus ...... Pound ...... 99.76 191.93 ...... 99.76 191.93 Sally Walsh: United States ...... Dollar ...... 5,028.20 ...... 5,028.20 Israel ...... Dollar ...... 860.00 ...... 860.00 Delegation Expenses: 1 Israel ...... 3,937.46 ...... 3,937.46 Jordan ...... 368.36 ...... 368.36 Cyprus ...... 609.82 ...... 609.82 Bosnia-Herzegovina ...... 285.03 ...... 285.03 Italy ...... 945.41 ...... 945.41 Total ...... 6,314.93 ...... 25,623.70 ...... 6,146.08 ...... 38,084.71 1 Delegation expenses include direct payments and reimbursements to the Department of State and the Department of Defense under authority of Section 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of P.L. 95– 384, and Senate Resolution 179, agreed to May 25, 1977. TRENT LOTT, Majority Leader, h TOM DASCHLE, Democratic Leader, Sept. 9, 1998.

MESSAGES FROM THE PRESIDENT Section 202(d) of the National Emer- have determined that it is necessary to Messages from the President of the gencies Act (50 U.S.C. 1622(d)) provides maintain in force the broad authorities United States were communicated to for the automatic termination of a na- necessary to apply economic pressure the Senate by Mr. Williams, one of his tional emergency unless, prior to the to UNITA to reduce its ability to pur- secretaries. anniversary date of its declaration, the sue its aggressive policies of territorial President publishes in the Federal Reg- EXECUTIVE MESSAGES REFERRED acquisition. As in executive session the Presiding ister and transmits to the Congress a WILLIAM J. CLINTON. notice stating that the emergency is to Officer laid before the Senate messages THE WHITE HOUSE, September 23, 1998. continue in effect beyond the anniver- from the President of the United sary date. In accordance with this pro- States submitting sundry nominations vision, I have sent the enclosed notice, f which were referred to the appropriate stating that the emergency declared committees. with respect to the National Union for MESSAGES FROM THE HOUSE (The nominations received today are the Total Independence of Angola printed at the end of the Senate pro- (‘‘UNITA’’) is to continue in effect be- ENROLLED BILLS SIGNED ceedings.) yond September 26, 1998, to the Federal At 6:02 p.m., a message from the f Register for publication. House of Representatives, delivered by REPORT CONCERNING THE CON- The circumstances that led to the Mr. Hays, one of its reading clerks, an- TINUATION OF THE NATIONAL declaration on September 26, 1993, of a nounced that the Speaker has signed EMERGENCY WITH RESPECT TO national emergency have not been re- the following enrolled bills: UNITA—MESSAGE FROM THE solved. The actions and policies of S. 1695. An act to authorize the Secretary PRESIDENT—PM 159 UNITA pose a continuing unusual and extraordinary threat to the foreign pol- of the Interior to study the suitability and The PRESIDING OFFICER laid be- feasibility of designating the Sand Creek icy of the United States. United Na- fore the Senate the following message Massacre National Historic Site in the State tions Security Council Resolutions 864 from the President of the United of Colorado as a unit of the National Park (1993), 1127 (1997), 1173 (1998), and 1176 States, together with an accompanying System, and for other purposes. (1998) continue to oblige all member report; which was referred to the Com- H.R. 1856. An act to amend the Fish and states to maintain sanctions. dis- mittee on Banking, Housing, and Wildlife Act of 1956 to promote volunteer continuation of the sanctions would Urban Affairs. programs and community partnerships for have a prejudicial effect on the Ango- the benefits of national wildlife refuges, and To the Congress of the United States: lan peace process. For these reasons, I for other purposes.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10841 REPORTS OF COMMITTEE By Mr. MURKOWSKI, from the Committee Unfortunately, there has not been a on Energy and Natural Resources: The following report of committee comprehensive and coordinated effort Charles G. Groat, of Texas, to be Director to address these environmental issues was submitted: of the United States Geological Survey. or an organized effort to help other By Mr. STEVENS, from the Committee on Gregory H. Friedman, of Maryland, to be Appropriations: Inspector General of the Department of En- communities from making similar mis- Special Report entitled ‘‘Further Revised ergy. takes. I believe that many of these Allocation to Subcommittees of Budget To- (The above nominations were re- problems could be avoided if the com- tals for Fiscal Year 1999’’ (Rept. No. 105–345). ported with the recommendation that munities faced with land-use decisions f they be confirmed, subject to the nomi- had access to sound scientific research. nees’ commitment to respond to re- The Natural Resources Institute Act, EXECUTIVE REPORTS OF utilizing expertise from national lab- COMMITTEE quests to appear and testify before any duly constituted committee of the Sen- oratories and universities, will provide The following executive reports of ate.) communities with access to sound sci- committees were submitted: entific research when making environ- f By Mr. JEFFORDS, from the Committee mental and land-use decisions. In addi- on Labor and Human Resources: INTRODUCTION OF BILLS AND tion, the Natural Resources Institute Henry L. Solano, of Colorado, to be Solic- JOINT RESOLUTIONS Act will coordinate research efforts to itor of the Department of Labor. The following bills and joint resolu- solve real-world environmental prob- Jane E. Henney, of New Mexico, to be Com- missioner of Food and Drugs, Department of tions were introduced, read the first lems. It will be particularly helpful in Health and Human Services. and second time by unanimous con- addressing problems associated with Thomasina V. Rogers, of Maryland, to be a sent, and referred as indicated: agriculture, logging, grazing, hydro- Member of the Occupational Safety and By Mr. KEMPTHORNE: power, fishing, mining, recreation and Health Review Commission for a term expir- S. 2512. A bill to establish a National Re- other natural resource activities. ing April 27, 2003. sources Institute at the Idaho National Engi- Mr. President, I believe this impor- Joseph E. Stevens, Jr., of Missouri, to be a neering and Environmental Laboratory; to tant legislation gives state and local Member of the Board of Trustees of the the Committee on Environment and Public governments the necessary tools to Harry S Truman Scholarship Foundation for Works. make sound informed decisions regard- a term expiring December 10, 2003. (Re- By Mr. SMITH of Oregon: appointment) S. 2513. A bill to transfer administrative ing land-use decisions. I would like to Paul M. Igasaki, of California, to be a jurisdiction over certain Federal land lo- commend Congressman CRAPO for his Member of the Equal Employment Oppor- cated within or adjacent to Rogue River Na- leadership on this important issue.∑ tunity Commission for a term expiring July tional Forest and to clarify the authority of 1, 2002, (Reappointment), to which position the Bureau of Land Management to sell and By Mr. SMITH of Oregon: he was appointed during the last recess of exchange other Federal land in Oregon; to S. 2513. A bill to transfer administra- the Senate. the Committee on Energy and Natural Re- tive jurisdiction over certain Federal Ida L. Castro, of New York, to be a Member sources. land located within or adjacent to of the Equal Employment Opportunity Com- f Rogue River National Forest and to mission for a term expiring July 1, 2003. clarify the authority of the Bureau of Paul Steven Miller, of California, to be a SUBMISSION OF CONCURRENT AND Member of the Equal Employment Oppor- SENATE RESOLUTIONS Land Management to sell and exchange tunity Commission for the remainder of the other Federal land in Oregon; to the The following concurrent resolutions Committee on Energy and Natural Re- term expiring July 1, 1999. and Senate resolutions were read, and Joy Harjo, of New Mexico, to be a Member sources. referred (or acted upon), as indicated: of the National Council on the Arts for a OREGON PUBLIC LAND TRANSFER AND term expiring September 3, 2002. By Mr. LOTT (for himself and Mr. PROTECTION ACT OF 1998 Joan Specter, of Pennsylvania, to be a DASCHLE): ∑ Mr. SMITH of Oregon. Mr. President, S. Res. 281. A resolution to authorize testi- Member of the National Council on the Arts today I am introducing legislation to for a term expiring September 3, 2002. mony and representation of employees of the Patricia T. Montoya, of New Mexico, to be Senate in United States v. Alphonso Michael transfer the administrative jurisdic- Commissioner on Children, Youth, and Fami- Espy; considered and agreed to. tion over certain lands within or adja- lies, Department of Health and Human Serv- f cent to the Rogue River National For- ices. est and to clarify the authority of the STATEMENTS ON INTRODUCED Bureau of Land Management to sell (The above nominations were re- BILLS AND JOINT RESOLUTIONS ported with the recommendation that and exchange Oregon and California they be confirmed, subject to the nomi- By Mr. KEMPTHORNE: Railroad grant lands (O and C lands) in nees’ commitment to respond to re- S. 2512. A bill to establish a National Oregon. The bill represents a thought- quests to appear and testify before any Resources Institute at the Idaho Na- fully crafted compromise agreed to by duly constituted committee of the Sen- tional Engineering and Environmental the majority and minority in the other ate.) Laboratory; to the Committee on Envi- body, and the O and C counties and the ronment and Public Works. By Mr. CHAFEE, from the Committee on timber industry in my state. Environment and Public Works: NATIONAL RESOURCES INSTITUTE LEGISLATION Title I of the bill would consolidate Romulo L. Diaz, Jr., of the District of Co- ∑ Mr. KEMPTHORNE. Mr. President, the management over certain parcels lumbia, to be an Assistant Administrator of today I introduce the Natural Re- of federal land by transferring jurisdic- the Environmental Protection Agency. sources Institute legislation. Congress- tion over these parcels between the J. Charles Fox, of Maryland, to be an As- man CRAPO, who represents the second Forest Service and the Bureau of Land sistant Administrator of the Environmental Congressional district in my state of Management. The status of any O and Protection Agency. Idaho, introduced the Natural Re- C lands transferred will not change, re- Norine E. Noonan, of Florida, to be an As- sistant Administrator of the Environmental sources Institute legislation in the gardless of which agency has jurisdic- Protection Agency. House, on September 17, 1998. I believe tion over the lands following the trans- Terrence L. Bracy, of Virginia, to be a this legislation will help find solutions fer. This is not a land exchange in the Member of the Board of Trustees of the Mor- to many of the problems that affect the traditional sense, but rather the trans- ris K. Udall Scholarship and Excellence in health of our environment. fer of jurisdiction between two agen- National Environmental Policy for a term This country is faced with the chal- cies of lands already in federal owner- expiring October 6, 2004. (Reappointment) lenge of protecting the environment, ship. It is my understanding that the (The above nominations were re- while maintaining economic growth. Administration supports this transfer. ported with the recommendation that The use of our nation’s natural re- Title II of the bill provides that, over they be confirmed, subject to the nomi- sources touches all of our lives every successive ten-year periods, there will nees’ commitment to respond to re- day. However, this use has left a legacy be no net loss of acres designated as O quests to appear and testify before any of fragmented land-use and regions of and C lands. These lands are somewhat duly constituted committee of the Sen- environmental degradation, including unique in the federal inventory, and ate.) areas in my home state of Idaho. are managed in accordance with the

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10842 CONGRESSIONAL RECORD — SENATE September 23, 1998 Act of August 28, 1937, and other appli- Forest, is transferred to unreserved public public inspection in the office of the Chief of cable federal statutes. domain status, and the status of the land as the Forest Service. There have been concerns on the part part of Rogue River National Forest and the (g) MISCELLANEOUS REQUIREMENTS.—As of the O and C counties that the O and National Forest System is revoked. soon as practicable after the date of enact- (2) ADMINISTRATIVE JURISDICTION.—Admin- ment of this Act, the Secretary of the Inte- C lands will be used by the federal gov- istrative jurisdiction over the land described rior and the Secretary of Agriculture shall— ernment in land exchanges and sales, in paragraph (1) is transferred from the Sec- (1) revise the public land records relating thereby diminishing the total acreage retary of Agriculture to the Secretary of the to the land transferred under this section to over time. Since the counties rely on Interior. reflect the administrative, boundary, and revenues from these lands, it is impor- (3) MANAGEMENT.—Subject to valid existing other changes made by this section; and tant to clarify that it is the intent of rights, the Secretary of the Interior shall ad- (2) publish in the Federal Register appro- priate notice to the public of the changes in Congress that the acreage remain con- minister such land under the laws (including regulations) applicable to unreserved public administrative jurisdiction made by this sec- stant. domain land. tion with regard to the land. Mr. President, this bill is non-con- (c) RESTORATION OF STATUS OF CERTAIN NA- TITLE II—PROTECTION OF OREGON AND troversial, and I would ask for the sup- TIONAL FOREST LAND AS REVESTED RAILROAD CALIFORNIA RAILROAD GRANT LAND port of my colleagues on enactment of GRANT LAND.— SEC. 201. DEFINITIONS. this measure before the end of this (1) RESTORATION OF EARLIER STATUS.—The In this title: Congress. I ask unanimous consent Federal land depicted on the map entitled (1) O & C LAND.—The term ‘‘O & C land’’ that the full text of the bill be printed ‘‘BLM/Rogue River N.F. Administrative Ju- means the land (commonly known as ‘‘Or- risdiction Transfer’’ and dated April 28, 1998, in the RECORD. egon and California Railroad grant land’’) consisting of approximately 4,298 acres with- There being no objection, the bill was that— in the external boundaries of Rogue River (A) revested in the United States under the ordered to be printed in the RECORD, as National Forest, is restored to the status of Act of June 9, 1916 (39 Stat. 218, chapter 137); follows: revested Oregon and California Railroad and S. 2513 grant land, and the status of the land as part (B) is managed by the Secretary of the In- Be it enacted by the Senate and House of Rep- of Rogue River National Forest and the Na- terior through the Bureau of Land Manage- resentatives of the United States of America in tional Forest System is revoked. ment under the Act of August 28, 1937 (43 Congress assembled, (2) ADMINISTRATIVE JURISDICTION.—Admin- U.S.C. 1181a et seq.). istrative jurisdiction over the land described SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (2) CBWR LAND.—the term ‘‘CBWR land’’ in paragraph (1) is transferred from the Sec- means the land (commonly known as ‘‘Coos (a) SHORT TITLE.—This Act may be cited as retary of Agriculture to the Secretary of the the ‘‘Oregon Public Land Transfer and Pro- Bay Wagon Road grant land’’) that— Interior. (A) was reconveyed to the United States tection Act of 1998’’. (3) MANAGEMENT.—Subject to valid existing under the Act of February 26, 1919 (40 Stat. (b) TABLE OF CONTENTS.—The table of con- rights, the Secretary of the Interior shall ad- tents of this Act is as follows: 1179, chapter 47); and minister the land described in paragraph (1) (B) is managed by the Secretary of the In- Sec. 1. Short title; table of contents. under the Act of August 28, 1937 (43 U.S.C. terior through the Bureau of Land Manage- TITLE I—ROGUE RIVER NATIONAL 1181a et seq.), and other laws (including regu- ment under the Act of August 28, 1937 (43 FOREST TRANSFERS lations) applicable to revested Oregon and U.S.C. 1181a et seq.). Sec. 101. Land transfers involving Rogue California Railroad grant land under the ad- (3) PUBLIC DOMAIN LAND.— River National Forest and ministrative jurisdiction of the Secretary of (A) IN GENERAL.—The term ‘‘public domain other public land in Oregon. the Interior. land’’ has the meaning given the term ‘‘pub- (d) ADDITION OF CERTAIN REVESTED RAIL- lic lands’’ in section 103 of the Federal Land TITLE II—PROTECTION OF OREGON AND ROAD GRANT LAND TO NATIONAL FOREST.— Policy and Management Act of 1976 (43 CALIFORNIA RAILROAD GRANT LAND (1) LAND TRANSFER.—The revested Oregon U.S.C. 1702). Sec. 201. Definitions. and California Railroad grant land depicted (B) EXCLUSIONS.—The term ‘‘public domain Sec. 202. No net loss of O & C land, CBWR on the map entitled ‘‘BLM/Rogue River N.F. land’’ does not include O & C land or CBWR land, or public domain land. Administrative Jurisdiction Transfer’’ and land. Sec. 203. Relationship to Umpqua land ex- dated April 28, 1998, consisting of approxi- (4) GEOGRAPHIC AREA.—The term ‘‘geo- change authority. mately 960 acres within the external bound- graphic area’’ means the area in the State of TITLE I—ROGUE RIVER NATIONAL aries of Rogue River National Forest, is Oregon within the boundaries of the Medford FOREST TRANSFERS added to and made a part of Rogue River Na- District, Roseburg District, Eugene District, SEC. 101. LAND TRANSFERS INVOLVING ROGUE tional Forest. Salem District, Coos Bay District, and Klam- RIVER NATIONAL FOREST AND (2) ADMINISTRATIVE JURISDICTION.—Admin- ath Resource Area of the Lakeview District OTHER PUBLIC LAND IN OREGON. istrative jurisdiction over the land described of the Bureau of Land Management, as the (a) TRANSFER FROM PUBLIC DOMAIN TO NA- in paragraph (1) is transferred from the Sec- districts and the resource area were con- TIONAL FOREST.— retary of the Interior to the Secretary of Ag- stituted on January 1, 1998. (1) LAND TRANSFER.—The public domain riculture. (5) SECRETARY.—The term ‘‘Secretary’’ land depicted on the map entitled ‘‘BLM/ (3) MANAGEMENT.—Subject to valid existing means the Secretary of the Interior. Rogue River N.F. Administrative Jurisdic- rights, the Secretary of Agriculture shall SEC. 202. NO NET LOSS OF O & C LAND, CBWR tion Transfer’’ and dated April 28, 1998, con- manage the land described in paragraph (1) LAND, OR PUBLIC DOMAIN LAND. sisting of approximately 2,058 acres within as part of Rogue River National Forest in ac- IN carrying out sales, purchases, and ex- the external boundaries of Rogue River Na- cordance with the Act of March 1, 1911 (36 changes of land in the geographic area, the tional Forest in the State of Oregon, is added Stat. 961, chapter 186), and other laws (in- Secretary shall ensure that on expiration of to and made a part of Rogue River National cluding regulations) applicable to the Na- the 10-year period beginning on the date of Forest. tional Forest System. enactment of this Act and on expiration of (2) ADMINISTRATIVE JURISDICTION.—Admin- (4) DISTRIBUTION OF RECEIPTS.—Notwith- each 10-year period thereafter, the number of istrative jurisdiction over the land described standing the sixth paragraph under the head- acres of O & C land and CBWR land in the ge- in paragraph (1) is transferred from the Sec- ing ‘‘FOREST SERVICE’’ in the Act of May 23, ographic area, and the number of acres of O retary of the Interior to the Secretary of Ag- 1908 and section 13 of the Act of March 1, 1911 & C land, CBWR land, and public domain riculture. (16 U.S.C. 500), revenues derived from the land in the geographic area that are avail- (3) MANAGEMENT.—Subject to valid existing land described in paragraph (1) shall be dis- able for timber harvesting, are not less than rights, the Secretary of Agriculture shall tributed in accordance with the Act of Au- the number of acres of such land on the date manage the land described in paragraph (1) gust 28, 1937 (43 U.S.C. 1181a et seq.). of enactment of this Act. as part of Rogue River National Forest in ac- (e) BOUNDARY ADJUSTMENT.—The bound- SEC. 203. RELATIONSHIP TO UMPAQUA LAND EX- cordance with the Act of March 1, 1911 (com- aries of Rogue River National Forest are ad- CHANGE AUTHORITY. monly known as the ‘‘Weeks Law’’) (36 Stat. justed to encompass the land transferred to Notwithstanding any other provision of 961, chapter 186), and other laws (including the administrative jurisdiction of the Sec- this title, this title shall not apply to an ex- regulations) applicable to the National For- retary of Agriculture under this section and change of land authorized under section 1028 est System. to exclude private property interests adja- of the Omnibus Parks and Public Lands Man- (b) TRANSFER FROM NATIONAL FOREST TO cent to the exterior boundaries of Rogue agement Act of 1996 (Public Law 104–333; 110 PUBLIC DOMAIN.— River National Forest, as depicted on the Stat. 4231), or any implementing legislation (1) LAND TRANSFER.—The Federal land de- map entitled ‘‘Rogue River National Forest or administrative rule, if the land exchange picted on the map entitled ‘‘BLM/Rogue Boundary Adjustment’’ and dated April 28, is consistent with the memorandum of un- River N.F. Administrative Jurisdiction 1998. derstanding between the Umpqua Land Ex- Transfer’’ and dated April 28, 1998, consisting (f) MAPS.—Not later than 60 days after the change Project and the Association of Or- of approximately 1,632 acres within the ex- date of enactment of this Act, the maps de- egon and California Land Grant Counties ternal boundaries of Rogue River National scribed in this section shall be available for dated February 19, 1998.∑

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10843 ADDITIONAL COSPONSORS systems under the medicare home Whereas, pursuant to sections 703(a) and 704(a)(2) of the Ethics in Government Act of S. 537 health benefit to achieve fair reim- bursement payment rates, and for 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the At the request of Ms. MIKULSKI, the other purposes. Senate may direct its counsel to represent name of the Senator from New York employees of the Senate with respect to any (Mr. D’AMATO) was added as a cospon- S. 2364 subpoena, order, or request for testimony re- sor of S. 537, a bill to amend title III of At the request of Mr. CHAFEE, the lating to their official responsibilities; the Public Health Service Act to revise name of the Senator from Mississippi Whereas, by the privileges of the Senate of and extend the mammography quality (Mr. COCHRAN) was added as a cospon- the United States and Rule XI of the Stand- ing Rules of the Senate, no evidence under standards program. sor of S. 2364, a bill to reauthorize and make reforms to programs authorized the control or in the possession of the Senate S. 1307 by the Public Works and Economic De- may, by the judicial process, be taken from At the request of Mr. DASCHLE, the such control or possession but by permission name of the Senator from Iowa (Mr. velopment Act of 1965. of the Senate; S. 2371 HARKIN) was added as a cosponsor of S. Whereas, when it appears that evidence 1307, a bill to amend the Employee Re- At the request of Mr. LOTT, the name under the control or in the possession of the tirement Income Security Act of 1974 of the Senator from Utah (Mr. HATCH) Senate may promote the administration of was added as a cosponsor of S. 2371, a justice, the Senate will take such action as with respect to rules governing litiga- will promote the ends of justice consistently tion contesting termination or reduc- bill to amend the Internal Revenue Code of 1986 to reduce individual cap- with the privileges of the Senate: Now, tion of retiree health benefits and to therefore, be it extend continuation coverage to retir- ital gains tax rates and to provide tax Resolved That Galen Fountain, Jo Nobles, ees and their dependents. incentives for farmers. Leslie Chalmers Tagg, and any other em- S. 2392 S. 1362 ployee from whom testimony may be re- At the request of Mr. BENNETT, the quired, are authorzed to testify in the case of At the request of Mr. GRASSLEY, the United States v. Alphonso Michael Espy, ex- name of the Senator from North Da- names of the Senator from California (Mrs. FEINSTEIN), the Senator from Or- cept concerning matters for which a privi- kota (Mr. CONRAD) was added as a co- lege should be asserted. egon (Mr. SMITH), and the Senator from sponsor of S. 1362, a bill to promote the SEC. 2. That the Senate Legal Counsel is use of universal product members on North Carolina (Mr. FAIRCLOTH) were authorized to represent Galen Fountain, Jo claims forms used for reimbursement added as cosponsors of S. 2392, a bill to Nobles, Leslie Chalmers Tagg, and any other under the medicare program. encourage the disclosure and exchange employee of the Senate, in connection with of information about computer proc- testimony in United States v. Alphonso Mi- S. 1924 essing problems and related matters in chael Espy. At the request of Mr. MACK, the name connection with the transition to the f of the Senator from Alabama (Mr. SES- Year 2000. SIONS) was added as a cosponsor of S. AMENDMENTS SUBMITTED S. 2412 1924, a bill to restore the standards At the request of Mr. BURNS, the used for determining whether technical names of the Senator from Illinois (Mr. workers are not employees as in effect CONSUMER BANKRUPTCY REFORM DURBIN), the Senator from Massachu- before the Tax Reform Act of 1986. ACT OF 1998 setts (Mr. KERRY), and the Senator S. 2162 from Hawaii (Mr. AKAKA) were added as At the request of Mr. MACK, the name cosponsors of S. 2412, a bill to create DODD AMENDMENT NO. 3614 of the Senator from Connecticut (Mr. employment opportunities and to pro- Mr. DODD proposed an amendment DODD) was added as a cosponsor of S. mote economic growth establishing a to amendment No. 3559 proposed by Mr. 2162, a bill to amend the Internal Rev- public-private partnership between the GRASSLEY to the bill (S. 1301) to amend enue Code of 1986 to more accurately United States travel and tourism in- title 11, United States Code, to provide codify the depreciable life of printed dustry and every level of government for consumer bankruptcy protection, wiring board and printed wiring assem- to work to make the United States the and for other purposes; as follows: bly equipment. premiere travel and tourism destina- At the appropriate place, insert the fol- S. 2222 tion in the world, and for other pur- lowing: At the request of Mr. GRASSLEY, the poses. Sec. . PROTECTION OF SAVINGS EARMARKED names of the Senator from South Da- SENATE RESOLUTION 257 FOR THE POSTSECONDARY EDUCATION OF CHIL- kota (Mr. JOHNSON) and the Senator At the request of Mr. MURKOWSKI, the DREN.—Section 541(b) of title 11, United from North Dakota (Mr. CONRAD) were names of the Senator from Wyoming States Code, as amended by section 403 of this Act, is amended— added as cosponsors of S. 2222, a bill to (Mr. ENZI), the Senator from Wyoming amend title XVIII of the Social Secu- (1) in paragraph (6), by striking the period (Mr. THOMAS), and the Senator from at the end and inserting a semicolon; and rity Act to repeal the financial limita- Louisiana (Ms. LANDRIEU) were added (2) by inserting after paragraph (6) the fol- tion on rehabilitation services under as cosponsors of Senate Resolution 257, lowing: part B of the Medicare Program. a resolution expressing the sense of the ‘‘(7) except as otherwise provided under ap- S. 2338 Senate that October 15, 1998, should be plicable State law, any funds placed in a At the request of Mr. MOYNIHAN, the designated as ‘‘National Inhalant qualified State tuition program (as described name of the Senator from Pennsyl- Abuse Awareness Day.’’ in section 529(b) of the Internal Revenue Code of 1986) at least 180 days before the date vania (Mr. SANTORUM) was added as a f of entry of the order for relief or cosponsor of S. 2338, a bill to amend the ‘‘(8) any funds placed in an education indi- Harmonized Tariff Schedule of the SENATE RESOLUTION 281—TO AU- THORIZE TESTIMONY AND REP- vidual retirement account (as defined in sec- United States to provide for equitable tion 530(b)(1) of the Internal Revenue Code of duty treatment for certain wool used RESENTATION OF EMPLOYEES 1986) at least 180 days before the date of in making suits. OF THE SENATE entry of the order for relief.’’. S. 2354 Mr. LOTT (for himself and Mr. At the request of Mr. BOND, the name DASCHLE) submitted the following reso- FEINSTEIN (AND OTHERS) of the Senator from Alabama (Mr. SES- lution; which was considered and AMENDMENT NO. 3615 SIONS) was added as a cosponsor of S. agreed to: Mrs. FEINSTEIN (for herself, Mr. S. RES. 281 2354, a bill to amend title XVIII of the DURBIN, and Mr. JEFFORDS) proposed an Social Security Act to impose a mora- Whereas, in the case of United States v. amendment to the bill, S. 1301, supra; torium on the implementation of the Alphonso Michael Espy, Criminal Case No. as follows: per beneficiary limits under the in- 97–0335, pending in the United States District Court for the District of Columbia, a trial At the appropriate place in title VII, insert terim payment system for home health subpoena has been served upon Galen Foun- the following: agencies, and to modify the standards tain and Jo Nobles, employees of the Senate, SEC. . ENCOURAGING CREDITWORTHINESS. for calculating the per visit cost limits and Leslie Chalmers Tagg, formerly an em- (2) SENSE OF THE CONGRESS.—It is the sense and the rates for prospective payment ployee of the Senate; of the Congress that—

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10844 CONGRESSIONAL RECORD — SENATE September 23, 1998 (a)(1) certain lenders may sometimes offer (10) there are significant, widespread signs Senate Committee on Banking, Housing, and credit to consumers indiscriminately, with- of global deflation, to which the United Urban Affairs, the House Committee on the out taking steps to ensure that consumers States has not been exposed since the Great Judiciary, and the House Committee on are capable of repaying the resulting debt, Depression; Banking and Financial Services within the and in a manner which may encourage cer- (11) there has been a deterioration in a time allotted by this section. tain consumers to accumulate additional number of economies around the world, Insert at an appropriate place: debt; and which will negatively impact the United Section 546 of title 11, United States Code, (2) resulting consumer debt may increas- States through fewer purchases of United is amended by inserting at the end thereof— ingly be a major contributing factor to con- States exports and a greater influx of cheap ‘‘(I) Notwithstanding section 545(2) and (3) sumer insolvency. imports to the United States; of this title, the trustee may not avoid a (b) STUDY REQUIRED.—The Board of Gov- (12) the United States economy is a large, warehouseman’s lien for storage, transpor- ernors of the Federal Reserve System (here- healthy economic engine, and if the United tation or other costs incidental to the stor- after in this section referred to as the States economy does slow, it would be ex- age and handling of goods, as provided by ‘‘Board’’) shall conduct a study of— ceedingly difficult for the world-wide econ- Section 7–209 of the Uniform Commercial (1) consumer credit industry practices of omy to recover; Code.’’ soliciting and extending credit— (13) a decline in equity values could Insert at an appropriate place: (A) indiscriminately; dampen confidence and slow consumer and Section 330(a) of Title 11 is amended: (B) without taking steps to ensure that business spending, which together represents consumer are capable of repaying the result- (1) in subsection (3)(A) after the word four-fifths of the United States economy; ‘‘awarded’’, by inserting ‘‘to an examiner, ing debt; and (14) a decline in United States interest (C) in a manner that encourages consumers Chapter 11 trustee, or professional person’’; rates would help bolster the currencies of to accumulate additional debt; and and countries throughout the world suffering (2) the effects of such practices on con- (2) by adding at the end of subsection (3)(A) from economic hardships; and sumer debt and insolvency. the following: (15) a reduction in interest rates would (c) REPORT AND REGULATIONS.—Not later ‘‘(3)(B) In determining the amount of rea- than 24 months after the date of enactment strengthen the United States economy over sonable compensation to be awarded a trust- of this Act, the Board— the next year while the world’s weakened ee, the court shall treat such compensation (1) shall make public a report on its find- economies recover. as a commission based on the results ings with respect to the credit industry’s in- (b) SENSE OF THE CONGRESS.—It is the sense achieved.’’ discriminate solicitation and extension of of the Congress that the Federal Open Mar- On page 59 of amendment 3595, after clause credit; ket Committee should promptly reduce the ‘‘(v)’’, insert ‘‘(vi) not unfair because exces- (2) may issue regulations that would re- Federal Funds rate. sive in amount based upon the value of the quire additional disclosures to consumers; collateral.’’ and GRASSLEY AMENDMENT NO. 3617 On page 60 of amendment 3595, after clause (3) may take any other actions, consistent ‘‘(iii)’’ insert ‘‘(iv) the following statement: with its existing statutory authority, that Mr. GRASSLEY proposed an amend- ment to the bill, S. 1301, supra; as fol- If your current rate is a temporary introduc- the Board finds necessary to ensure respon- tory rate, your total costs may be higher.’’ sible industrywide practices and to prevent lows: f resulting consumer debt and insolvency. SEC. . TREASURY DEPARTMENT STUDY RE- GARDING SECURITY INTERESTS NATIONAL AIR TRANSPORTATION HARKIN (AND OTHERS) UNDER AN OPEN END CREDIT PLAN. SYSTEM IMPROVEMENT ACT OF AMENDMENT NO. 3616 (a) Within 180 days of the enactment of 1998 this Act, the Federal Reserve Board in con- Mr. HARKIN (for himself, Mr. DOR- sultation with the Treasury Department, the GAN, Mr. CONRAD, Mr. WELLSTONE, Mr. general credit industry, and consumer McCAIN (AND FORD) AMENDMENT BRYAN, and Mr. KERREY) proposed an groups, shall prepare a study regarding the amendment to the bill, S. 1301, supra; adequacy of information received by con- NO. 3618 as follows: sumers regarding the creation of security in- Mr. MCCAIN (for himself and Mr. terests under open end credit plans. At the appropriate place, insert the fol- FORD) proposed an amendment to the (b) FINDINGS.—This study shall include the lowing: Board’s findings regarding: bill (S. 2279) to amend title 49, United SEC. ll. SENSE OF THE CONGRESS REGARDING (1) whether consumers understand at the States Code, to authorize the programs INTEREST RATES. time of purchase of property under an open of the Federal Aviation Administration (a) FINDINGS.—The Congress finds, as of the end credit plan that such property may serve for fiscal years 1999, 2000, 2001, and 2002, date of enactment of this Act, that— (1) real interest rates are at historically as collateral under that credit plan; and for other purposes; as follows: (2) whether consumers understand at the high levels, the highest in 9 years; On page 88, in the matter appearing after (2) the Federal Funds rate is 5.5 percent, time of purchase the legal consequences of line 8, strike the item relating to section 106. where it has been since March 1997, despite disposing of property that is purchased under On page 88, in the matter appearing after an inflation rate of 1.6 percent: an open credit plan and is subject to a secu- line 8, insert the following after the item re- (3) between 1992 and 1994, the Federal rity interest under than plan; and lating to section 211: (3) whether creditors holding security in- Funds rate averaged 3.6 percent, while infla- Sec. 212. Airfield pavement conditions. tion was at 2.8 percent; terests in property purchased under an open (4) to confirm that real interest rates are end credit plan use such security interests to On page 89, strike the item relating to sec- historically high, the Chairman of the Board cover reaffirmations of existing debts under tion 403. of Governors of the Federal Reserve System, section 524 of the United States Bankruptcy On page 89, strike the item relating to sec- Alan Greenspan, said during his Humphrey- Code. tion 503 and insert the following: Hawkins testimony before the Committee on In formulating these findings, the Board Sec. 503. Runway safety areas; precision ap- Banking and Financial Services of the House shall consider, among other factors it deems proach path indicators. relevant, prevailing industry practices in of Representatives on February 24, 1998, On page 89, after the item relating to sec- this area. ‘‘Statistically, it is a fact that real interest tion 519 insert the following: rates are higher now than they have been on (c) DISCLOSURE RECOMMENDATIONS.—This Sec. 520. Improvements to air navigation fa- the average of the post-World War II pe- study shall also include the Board’s rec- cilities. riod.’’; ommendations regarding the utility and (5) inflation over the 2 years preceding the practicality of additional disclosures by Sec. 521. Denial of airport access to certain date of enactment of this Act was at its low- credit card issuers at the time of purchase air carriers. est level since the 1960’s; regarding security interests under open end Sec. 522. Tourism. (6) interest rates on 30 year Treasury bonds credit plans, including, but not limited to: Sec. 523. Equivalency of FAA and EU safety have sunk to record lows and are below the (1) disclosures of the specific property in standards. Federal funds rate, a signal that the United which the creditor will receive a security in- Sec. 524. Sense of the Senate on property States economy could be headed for a reces- terest; taxes on public-use airports. sion; (2) disclosures of the consequences of non- Sec. 525. Federal Aviation Administration (7) United States corporate earnings in the payment of the card balance, including how Personnel Management Sys- second quarter of 1998 were down 1.3 percent the security interest may be enforced; and tem. from a year earlier; (3) disclosures of the process by which pay- Sec. 526. Aircraft and aviation component (8) a reduction in interest rates would in- ments made on the card will be credited with repair and maintenance advi- crease resources for business growth; respect to the lien created by the security sory panel. (9) the farm debt is at its highest level contract and other debts on the card. Sec. 527. Report on enhanced domestic air- since 1985, and broad commodity price in- (d) The Board shall submit this report to line competition. dexes are extremely low; the Senate Committee on the Judiciary, the Sec. 528. Aircraft situational display data.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10845 On page 89 strike the items relating to sec- On page 106, between lines 16 and 17, insert ‘‘(4) showing compliance with regulations, tion 606 through 612 and insert the following: the following: exhibition, or air racing; or Sec. 606. Slot exemptions for nonstop re- (b) EFFECTIVE DATE.—This section applies ‘‘(5) the aerial application of a substance gional jet service. to any request filed on or after the date of for an agricultural purpose.’’. Sec. 607. Exemptions to perimeter rule at enactment of this Act. On page 118, between lines 12 and 13, insert Ronald Reagan Washington na- On page 107, line 10, after ‘‘conditioning)’’ the following: tional airport. insert ‘‘and aircraft fueling facilities adja- (b) COMPLIANCE.—Section 44712 is amended Sec. 608. Additional slots at Chicago O’Hare cent to an airport terminal building’’. by redesignating subsection (c) as subsection International Airport. On page 107, between lines 12 and 13, insert (d), and by inserting after subsection (b) the Sec. 609. Consumer notification of e-ticket the following: following: expiration dates. SEC. 212. AIRFIELD PAVEMENT CONDITIONS. ‘‘(c) COMPLIANCE.—An aircraft is deemed to Sec. 610. Joint venture agreements. (a) EVALUATION OF OPTIONS.—The Adminis- meet the requirement of subsection (a) if it Sec. 611. Regional air service incentive op- trator of the Federal Aviation Administra- is equipped with an emergency locator trans- tions. tion shall evaluate options for improving the mitter that transmits on the 121.5/243 mega- Sec. 612. GAO study of air transportation quality of information available to the Ad- hertz frequency or the 406 megahertz fre- needs. ministration on airfield pavement conditions quency, or with other equipment approved On page 89, after the item relating to sec- for airports that are part of the national air by the Secretary for meeting the require- tion 704, insert the following: transportation system, including— ment of subsection (a).’’. On page 118, line 13, strike ‘‘(b)’’ and insert Sec. 705. Prohibition of commercial air tours (1) improving the existing runway condi- tion information contained in the Airport ‘‘(c). over the Rocky Mountain Na- On page 118, line 17, strike ‘‘subsection (a)’’ tional Park. Safety Data Program by reviewing and revis- ing rating criteria and providing increased and insert ‘‘this section’’. On page 89, strike the items relating to training for inspectors; On page 118, line 19, strike ‘‘amendment title VIII and to section 801, and insert the (2) requiring such airports to submit pave- made by subsection (a)’’ and insert ‘‘amend- following: ment condition index information as part of ments made by this section’’. TITLE VIII—CENTENNIAL OF FLIGHT their airport master plan or as support in ap- On page 118, beginning with line 21, strike COMMEMORATION plications for airport improvement grants; through line 11 on page 119, and insert the following: Sec. 801. Short title. and (a) DENIAL; REVOCATION; AMENDMENT OF Sec. 802. Findings. (3) requiring all such airports to submit CERTIFICATE.— Sec. 803. Establishment. pavement condition index information on a (a) IN GENERAL.—Chapter 447 is amended by Sec. 804. Membership. regular basis and using this information to adding at the end thereof the following: Sec. 805. Duties. create a pavement condition database that Sec. 806. Powers. could be used in evaluating the cost-effec- ‘‘§ 44725. Denial and revocation of certificate Sec. 807. Staff and support services tiveness of project applications and fore- for counterfeit parts violations Sec. 808. Contributions. casting anticipated pavement needs. ‘‘(a) DENIAL OF CERTIFICATE.— Sec. 809. Exclusive right to name, logos, em- (b) REPORT TO CONGRESS.—The Adminis- ‘‘(1) IN GENERAL.—Except as provided in blems, seals, and marks. trator shall transmit a report, containing an paragraph (2) of this subsection and sub- Sec. 810. Reports. evaluation of such options, to the Senate section (e)(2) of this section, the Adminis- Sec. 811. Audit of financial translations. Committee on Commerce, Science, and trator may not issue a certificate under this Sec. 812. Advisory board. Transportation and the House of Representa- chapter to any person— Sec. 813. Definitions. tives Committee on Transportation and In- ‘‘(A) convicted of a violation of a law of the Sec. 614. Termination. frastructure not later than 12 months after United States or of a State relating to the Sec. 815. Authorization of appropriations. the date of enactment of this Act. installation, production, repair, or sale of a On page 90, line 10, insert: On page 110, line 3, insert a comma after counterfeit or falsely-represented aviation ‘‘(a) IN GENERAL.—’’ before ‘‘Section’’. ‘‘business’’. part or material; or On page 90, between lines 15 and 16, insert On page 110, line 4, insert a comma after ‘‘(B) subject to a controlling or ownership the following: ‘‘residence’’. interest of an individual convicted of such a (b) COORDINATION.—The authority granted On page 110, line 10, insert a comma after violation. the Secretary under section 41717 of title 49, ‘‘business’’. ‘‘(2) EXCEPTION.—Notwithstanding para- United States Code, does not affect the Sec- On page 110, line 11, insert a comma after graph (1), the Administrator may issue a cer- retary’s authority under any other provision ‘‘residence’’. tificate under this chapter to a person de- of law. On page 111, beginning with line 4, strike scribed in paragraph (1) if issuance of the On page 90, beginning with ‘‘1999,’’ in line through line 9 on page 112 and insert the fol- certificate will facilitate law enforcement ef- 16, strike through ‘‘2002.’’ in line 18 and in- lowing: forts. sert the following: ‘‘1999 and $5,784,000,000 for Section 45301 is amended by striking ‘‘gov- ‘‘(b) REVOCATION OF CERTIFICATE.— fiscal year 2000.’’. ernment.’’ in subsection (a)(2) and inserting ‘‘(1) IN GENERAL.—Except as provided in On page 92, line 23, insert ‘‘and’’ after the ‘‘government or to any entity obtaining subsections (f) and (g) of this section, the Ad- semicolon. services outside the United Sates.’’. ministrator shall issue an order revoking a On page 92, line 24, strike ‘‘2000;’’ and in- On page 115, beginning with line 14, strike certificate issued under this chapter if the sert ‘‘2000.’’. through line 13 on page 116. Administrator finds that the holder of the On page 92, beginning with line 25, strike On page 117, beginning with line 21, strike certificate, or an individual who has a con- through line 1 on page 93. through line 2 on page 118, and insert the fol- trolling or ownership interest in the holder— On page 93, line 5, strike ‘‘1999, 2000, 2001, lowing: ‘‘(A) was convicted of a violation of a law and 2002’’ and insert ‘‘1999 and 2000’’. SEC. 503. RUNAWAY SAFETY AREAS; PRECISION of the United States or of a State relating to On page 93, line 25, strike ‘‘1999,’’ and in- APPROACH PATH INDICATORS. the installation, production, repair, or sale sert ‘‘1999 and’’. Within 6 months after the date of enact- of a counterfeit or falsely-represented avia- On page 94, beginning with ‘‘2000,’’ in line 1, ment of this Act, the Administrator of the tion part or material; or strike through line 3 and insert ‘‘2000.’. ’’. Federal Aviation Administration shall so- ‘‘(B) knowingly carried out or facilitated On page 94, line 18, insert ‘‘at the end licit comments on the need for— an activity punishable under such a law. thereof’’ after ‘‘adding’’. (1) the improvement of runway safety ‘‘(2) NO AUTHORITY TO REVIEW VIOLATION.— On page 96, beginning in line 8, strike areas; and In carrying out paragraph (1) of this sub- ‘‘analysis for subchapter I of’’ and insert (2) the installation of precision approach section, the Administrator may not review ‘‘chapter analysis for’’. path indicators. whether a person violated such a law. On page 96, line 10, strike ‘‘adding at the On page 118, strike lines 6 through 12 and ‘‘(c) NOTICE REQUIREMENT.—Before the Ad- end’’ and insert ‘‘inserting after the item re- insert the following: ministrator revokes a certificate under sub- lating to section 47135’’. ‘‘(b) NONAPPLICATION.—Subsection (a) does section (b), the Administrator shall— On page 97, beginning in line 13, strike not apply to aircraft when used in— ‘‘(1) advise the holder of the certificate of ‘‘the demonstration program result in’’ and ‘‘(1) scheduled flights by scheduled air car- the reason for the revocation; and insert ‘‘this section be used in a manner giv- riers holding certificates issued by the Sec- ‘‘(2) provide the holder of the certificate an ing rise to’’. retary of Transportation under subpart II of opportunity to be heard on why the certifi- On page 103, line 19, strike ‘‘subchapter’’ this part; cate should not be revoked. and insert ‘‘chapter’’. ‘‘(2) training operations conducted entirely ‘‘(d) APPEAL.—The provisions of section On page 105, line 15, insert a comma after within a 50-mile radius of the airport from 44710(d) apply to the appeal of a revocation ‘‘systems’’. which the training operations begin; order under subsection (b). For the purpose On page 106, line 8, strike ‘‘Notwith- ‘‘(3) flight operations related to the design of applying that section to such an appeal, standing’’ and insert ‘‘(a) IN GENERAL.—Not- and testing, manufacture, preparation, and ‘person’ shall be substituted for ‘individual’ withstanding’’. delivery of aircraft; each place it appears.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10846 CONGRESSIONAL RECORD — SENATE September 23, 1998

‘‘(e) ACQUITTAL OR REVERSAL.— ment of additional revenue from both avia- On page 132, line 10, after ‘‘project’’ insert ‘‘(1) IN GENERAL.—The Administrator may tion and nonaviation sources. ‘‘on the air operations area,’’ not revoke, and the Board may not affirm a ‘‘(2) RESPONSE TO REQUEST FOR CERTAIN On page 140, strike lines 16 through 21. revocation of, a certificate under section CONVEYANCES.—Within 4 months after receiv- On page 143, between lines 18 and 19, insert (b)(1)(B) of this section if the holder of the ing a request from the Secretary under para- the following: certificate, or the individual, is acquitted of graph (1), the head of the department, agen- SEC. 520. IMPROVEMENTS TO AIR NAVIGATION all charges related to the violation. cy, or instrumentality shall— FACILITIES. ‘‘(2) REISSUANCE.—The Administrator may ‘‘(A) decide whether the requested convey- Section 44502(a) is amended by adding at reissue a certificate revoked under sub- ance is consistent with the needs of the de- the end thereof the following: section (b) of this section to the former hold- partment, agency, or instrumentality; ‘‘(5) The Administrator may improve real er if— ‘‘(B) notify the Secretary of the decision; property leased for air navigation facilities ‘‘(A) the former holder otherwise satisfies and without regard to the costs of the improve- the requirements of this chapter for the cer- ‘‘(C) make the requested conveyance if— ments in relation to the cost of the lease if— ‘‘(i) the requested conveyance is consistent tificate; ‘‘(A) the improvements primarily benefit with the needs of the department, agency, or ‘‘(B) the former holder, or individual, is ac- the government; instrumentality; ‘‘(B) are essential for mission accomplish- quitted of all charges related to the violation ‘‘(ii) the Attorney General approves the ment; and on which the revocation was based; or conveyance; and ‘‘(C) the government’s interest in the im- ‘‘(C) the conviction of the former holder, or ‘‘(iii) the conveyance can be made without individual, of the violation on which the rev- cost to the United States Government. provements is protected.’’. ocation was based is reversed. ‘‘(3) REVERSION.—Except as provided in SEC. 521. DENIAL OF AIRPORT ACCESS TO CER- ‘‘(f) WAIVER.—The Administrator may subsection (b), a conveyance under this sub- TAIN AIR CARRIERS. waive revocation of a certificate under sub- section may only be made on the condition (a) IN GENERAL.—Section 47107 is amended section (b) of this section if— that the property interest conveyed reverts by adding at the end thereof the following: ‘‘(1) a law enforcement official of the to the Government, at the option of the Sec- ‘‘(q) DENIAL OF ACCESS.— United States Government, or of a State retary, to the extent it is not developed for ‘‘(1) EFFECT OF DENIAL.—If an owner or op- (with respect to violations of State law), re- an airport purpose or used consistently with erator of an airport described in paragraph quests a waiver; or the conveyance.’’. (2) denies access to an air carrier described ‘‘(2) the waiver will facilitate law enforce- (b) RELEASE OF CERTAIN CONDITIONS.—Sec- in paragraph (3), that denial shall not be con- ment efforts. tion 47125 is amended— sidered to be unreasonable or unjust dis- ‘‘(g) AMENDMENT OF CERTIFICATE.—If the (1) by redesignating subsection (b) as sub- crimination or a violation of this section. holder of a certificate issued under this chap- section (c); and ‘‘(b) AIRPORTS TO WHICH SUBSECTION AP- ter is other than an individual and the Ad- (2) by inserting the following after sub- PLIES.—An airport is described in this para- ministrator finds that— section (a): graph if it— ‘‘(1) an individual who had a controlling or ‘‘(b) RELEASE OF CERTAIN CONDITIONS.—The ‘‘(A) is designated as a reliever airport by ownership interest in the holder committed Secretary may grant a release from any the Administrator of the Federal Aviation a violation of a law for the violation of term, condition, reservation, or restriction Administration; which a certificate may be revoked under contained in any conveyance executed under ‘‘(B) does not have an operating certificate this section, or knowingly carried out or fa- this section, section 16 of the Federal Air- issued under part 139 of title 14, Code of Fed- cilitated an activity punishable under such a port Act, section 23 of the Airport and Air- eral Regulations (or any subsequent similar law; and way Development Act of 1970, or section 516 regulations); and ‘‘(2) the holder satisfies the requirements of the Airport and Airway Improvement Act ‘‘(C) is located within a 35-mile radius of an for the certificate without regard to that in- of 1982, to facilitate the development of addi- airport that has— dividual, tional revenue from aeronautical and non- ‘‘(i) at least 0.05 percent of the total annual boardings in the United States; and then the Administrator may amend the cer- aeronautical sources if the Secretary— ‘‘(1) determines that the property is no ‘‘(ii) current gate capacity to handle the tificate to impose a limitation that the cer- longer needed for aeronautical purposes; demands of a public charter operation. tificate will not be valid if that individual ‘‘(2) determines that the property will be ‘‘(3) AIR CARRIERS DESCRIBED.—An air car- has a controlling or ownership interest in used solely to generate revenue for the pub- rier is described in this paragraph if it con- the holder. A decision by the Administrator lic airport; ducts operations as a public charter under under this subsection is not reviewable by ‘‘(3) provides preliminary notice to the part 380 of title 14, Code of Federal Regula- the Board.’’. head of the department, agency, or instru- tions (or any subsequent similar regulations) ‘‘(2) CONFORMING AMENDMENT.—The chapter mentality that conveyed the property inter- with aircraft that is designed to carry more analysis for chapter 447 is amended by add- est at least 30 days before executing the re- than 9 passengers per flight. ing at the end thereof the following: lease; ‘‘(4) DEFINITIONS.—In this subsection: ‘‘44725. Denial and revocation of certificate ‘‘(4) provides notice to the public of the re- ‘‘(A) AIR CARRIER; AIR TRANSPORTATION; for counterfeit parts viola- quested release; AIRCRAFT; AIRPORT.—The terms ‘air carrier’, tions’’. ‘‘(5) includes in the release a written jus- ‘air transportation’, ‘aircraft’, and ‘airport’ tification for the release of the property; and On page 119, line 12, strike ‘‘(c)’’ and insert have the meanings given those terms in sec- ‘‘(6) determines that release of the prop- ‘‘(b)’’. tion 40102 of this title. erty will advance civil aviation in the United On page 121, beginning with line 10, strike ‘‘(B) PUBLIC CHARTER.—The term ‘public States.’’. charter’ means charter air transportation for through line 8 on page 123 and insert the fol- (c) EFFECTIVE DATE.—Section 47125(b) of lowing: title 49, United States Code, as added by sub- which the general public is provided in ad- SEC. 508. CONVEYANCES OF UNITED STATES GOV- section (b) of this section, applies to prop- vance a schedule containing the departure ERNMENT LAND. erty interests conveyed before, on, or after location, departure time, and arrival loca- (a) IN GENERAL.—Section 47125(a) is amend- the date of enactment of this Act. tion of the flights.’’. ed to read as follows: (d) IDITAROD AREA SCHOOL DISTRICT.—Not- SEC. 522. TOURISM. ‘‘(a) CONVEYANCES TO PUBLIC AGENCIES.— withstanding any other provision of law (in- (a) FINDINGS.—Congress finds that— ‘‘(1) REQUEST FOR CONVEYANCE.—Except as cluding section 47125 of title 49, United (1) through an effective public-private provided in subsection (b) of this section, the States Code, as amended by this section), the partnership, Federal, State, and local gov- Secretary of Transportation— Administrator of the Federal Aviation Ad- ernments and the travel and tourism indus- ‘‘(A) shall request the head of the depart- ministration, or the Administrator of the try can successfully market the United ment, agency, or instrumentality of the General Services Administration, may con- States as the premiere international tourist United States Government owning or con- vey to the Iditarod Area School District destination in the world; trolling land or airspace to convey a prop- without reimbursement all right, title, and (2) in 1997, the travel and tourism industry erty interest in the land or airspace to the interest in 12 acres of property at Lake made a substantial contribution to the public agency sponsoring the project or own- Minchumina, Alaska, identified by the Ad- health of the Nation’s economy, as follows: ing or controlling the airport when nec- ministrator of the Federal Aviation Admin- (A) The industry is one of the Nation’s essary to carry out a project under this sub- istration, including the structures known as largest employers, directly employing chapter at a public airport, to operate a pub- housing units 100 through 105 and as utility 7,000,000 Americans, throughout every region lic airport, or for the future development of building 301. of the country, heavily concentrated among an airport under the national plan of inte- On page 124, line 2, strike the closing small businesses, and indirectly employing grated airport systems; and quotation marks and the second period. an additional 9,200,000 Americans, for a total ‘‘(B) may request the head of such a de- On page 124, line 19, strike ‘‘subsection.’’ of 16,200,000 jobs. partment, agency, or instrumentality to con- and insert ‘‘section.’’. (B) The industry ranks as the first, second, vey a property interest in the land or air- On page 128, strike the matter appearing or third largest employer in 32 States and space to such a public agency for a use that between lines 8 and 9 and insert the fol- the District of Columbia, generating a total will complement, facilitate, or augment air- lowing: tourism-related annual payroll of port development, including the develop- ‘‘44516. Human factors program’’. $127,900,000,000.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10847

(C) The industry has become the Nation’s (2) DUTIES.—The Task Force shall exam- and Transportation of the Senate a detailed third-largest retail sales industry, gener- ine— report setting forth— ating a total of $489,000,000,000 in total ex- (A) signage at facilities in the United (A) the manner in which appropriated penditures. States, including airports, seaports, land funds were expanded; (D) The industry generated $71,700,000,000 border crossings, highways, and bus, train, (B) changes in the United States market in tax revenues for Federal, State, and local and other public transit stations, and shall share of international tourism in general and governments; identify existing inadequacies and suggest as measured against specific countries and (3) the more than $98,000,000,000 spent by solutions for such inadequacies, such as the regions; foreign visitors in the United States in 1997 adoption of uniform standards on inter- (C) an analysis of the impact of inter- generated a trade services surplus of more national signage for use throughout the than $26,000,000,000; national tourism on the United States econ- United States in order to facilitate inter- omy, including, as specifically as prac- (4) the private sector, States, and cities national visitors’ travel in the United currently spend more than $1,000,000,000 an- ticable, an analysis of the impact of expendi- States; tures made pursuant to this section; nually to promote particular destinations (B) the availability of multilingual travel (D) an analysis of the impact of inter- within the United States to international and tourism information and means of dis- national tourism on the United States trade visitors; seminating, at no or minimal cost to the (5) because other nations are spending hun- balance and, as specifically as practicable, Government, of such information; and analysis of the impact on the trade balance dreds of millions of dollars annually to pro- (C) facilitating the establishment of a toll- of expenditures made pursuant to this sec- mote the visits of international tourists to free, private-sector operated, telephone num- their countries, the United States will miss tion; and ber, staffed by multilingual operators, to a major marketing opportunity if it fails to provide assistance to international tourists (E) an analysis of other relevant economic aggressively compete for an increased share coping with an emergency. impacts as a result of expenditures made of international tourism expenditures as (3) MEMBERSHIP.—The Task Force shall be pursuant to this section. they continue to increase over the next dec- composed of the following members: SEC. 523. EQUIVALENCY OF FAA AND EU SAFETY ade; (A) The Secretary of Commerce. STANDARDS (6) a well-funded, well-coordinated inter- (B) The Secretary of State. The Administrator of the Federal Aviation national marketing effort—combined with (C) The Secretary of Transportation. additional public and private sector efforts— Administration shall determine whether the (D) The Chair of the Board of Directors of Administration’s safety regulations are would help small and large businesses, as the United States National Tourism Organi- well as State and local governments, share equivalent to the safety standards set forth zation. in European Union Directive 89/336EEC. If in the anticipated phenomenal growth of the (E) Such other representatives of other international travel and tourism market in the Administrator determines that the Federal agencies and private-sector entities standards are equivalent, the Administrator the 21st century; as may be determined to be appropriate to (7) by making permanent the successful shall work with the Secretary of Commerce the mission of the Task Force by the Chair- to gain acceptance of that determination visa waiver pilot program, Congress can fa- man. cilitate the increased flow of international pursuant to the Mutual Recognition Agree- (4) CHAIRMAN.—The Secretary of Commerce ment between the United States and the Eu- visitors to the United States; shall be Chairman of the Task Force. The (8) Congress can increase the opportunities ropean Union of May 18, 1998, in order to en- Task Force shall meet at least twice each for attracting international visitors and en- sure that aviation products approved by the year. Each member of the Task Force shall hancing their stay in the United States by— Administration are acceptable under that (A) improving international signage at air- furnish necessary assistance to the Task Directive. Force. ports, seaports, land border crossings, high- SEC. 524. SENSE OF THE SENATE ON PROPERTY (5) REPORT.—Not later than 18 months ways, and bus, train, and other public transit TAXES ON PUBLIC-USE AIRPORTS, after the date of the enactment of this Act, stations in the United States; It is the sense of the Senate that— (B) increasing the availability of multi- the Chairman of the Task Force shall submit to the President and to Congress a report on (1) property taxes on public-use airports lingual tourist information; and should be assessed fairly and equitably, re- (C) creating a toll-free, private-sector oper- the results of the review, including proposed gardless of the location of the owner of the ated, telephone number, staffed by multi- amendments to existing laws or regulations airport; and lingual operators, to provide assistance to as may be appropriate to implement such international tourist coping with an emer- recommendations. (2) the property tax recently assessed on gency; (d) TRAVEL AND TOURISM INDUSTRY SAT- the City of The Dalles, Oregon, as the owner (9) by establishing a satellite system of ac- ELLITE SYSTEM OF ACCOUNTING.— and operator of the Columbia Gorge Re- counting for travel and tourism, the Sec- (1) IN GENERAL.—The Secretary of Com- gional/The Dalles Municipal Airport, located retary of Commerce could provide Congress merce shall complete, as soon as may be in the State of Washington, should be re- and the President with objective, thorough practicable, a satellite system of accounting pealed. data that would help policy-makers more ac- for the travel and tourism industry. SEC. 525. FEDERAL AVIATION ADMINISTRATION curately gauge the size and scope of the do- (2) FUNDING.—To the extent any costs or PERSONNEL MANAGEMENT SYSTEM. mestic travel and tourism industry and its expenditures are incurred under this sub- (a) APPLICABILITY OF MERIT SYSTEMS PRO- significant impact on the health of the Na- section, they shall be covered to the extent TECTION BOARD PROVISIONS.—Section 347(b) tion’s economy; and funds are available to the Department of of the Department of Transportation and Re- (10) having established the United States Commerce for such purpose. lated Agencies Appropriations Act, 1996 (109 National Tourism Organization under the (e) AUTHORIZATION OF APPROPRIATIONS.— Stat. 460) is amended— (1) AUTHORIZATION.—Subject to paragraph United States National Tourism Organiza- (1) by striking ‘‘and’’ at the end of para- (2), there are authorized to be appropriated tion Act of 1996 (22 U.S.C. 2141 et seq.) to in- graph (6); such sums as may be necessary for the pur- crease the United States share of the inter- (2) by striking the period at the end of pose of funding international promotional national tourism market by developing a na- paragraph (7) and inserting a semicolon and activities by the United States National tional travel and tourism strategy, Congress ‘‘and’’; and should support a long-term marketing effort Tourism Organization to help brand, posi- tion, and promote the United States as the (3) by adding at the end thereof the fol- and other important regulatory reform ini- lowing: tiatives to promote increased travel to the premiere travel and tourism destination in ‘‘(8) sections 1204, 1211–1218, 1221, and 7701– United States for the benefit of every sector the world. 7703, relating to the Merit Systems Protec- of the economy. (2) RESTRICTIONS ON USE OF FUNDS.—None tion Board.’’. (b) PURPOSES.—The purposes of this section of the funds appropriated under paragraph (1) are to provide international visitor initia- may be used for purposes other than mar- (b) APPEALS TO MERIT SYSTEMS PROTECTION tives and an international marketing pro- keting, research, outreach, or any other ac- BOARD.—Section 347(c) of the Department of gram to enable the United States travel and tivity designed to promote the United States Transportation and Related Agencies Appro- tourism industry and every level of govern- as the premiere travel and tourism destina- priations Act, 1996 is amended to read as fol- ment to benefit from a successful effort to tion in the world, except that the general lows: make the United States the premiere travel and administrative expenses of operating the ‘‘(c) APPEALS TO MERIT SYSTEM PROTECTION destination in the world. United States National Tourism Organiza- BOARD.—Under the new personnel manage- (c) INTERNATIONAL VISITOR ASSISTANCE tion shall be borne by the private sector ment system developed and implemented TASK FORCE.— through such means as the Board of Direc- under subsection (a), an employee of the Fed- (1) ESTABLISHMENT.—Not later than 9 tors of the Organization shall determine. eral Aviation Administration may submit an months after the date of enactment of this (3) REPORT TO CONGRESS.—Not later than appeal to the Merit Systems Protection Act, the Secretary of Commerce shall estab- March 30 of each year in which funds are Board and may seek judicial review of any lish an Intergovernmental Task Force for made available under subsection (a), the Sec- resulting final orders or decisions of the International Visitor Assistance (hereafter retary shall submit to the Committee on Board from any action that was appealable in this subsection referred to as the ‘‘Task Commerce of the House of Representatives to the Board under any law, rule, or regula- Force’’). and the Committee on Commerce, Science, tion as of March 31, 1996.’’.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10848 CONGRESSIONAL RECORD — SENATE September 23, 1998 SEC 526. AIRCRAFT AND AVIATION COMPONENT (1) require United States air carriers to On page 157, strike lines 14 through 23, and REPAIR AND MAINTENANCE ADVI- submit the information described in sub- insert the following: SORY PANEL. section (d) with respect to their use of con- To carry out sections 41743 through 41746 of (a) ESTABLISHMENT OF PANEL.—The Admin- tract and non-contract aircraft and aviation title 49, United States Code, for the 4 fiscal- istrator of the Federal Aviation Administra- component repair facilities located in the year period beginning with fiscal year 1999— tion— United States; and (1) there are authorized to be appropriated (1) shall establish an Aircraft Repair and (2) obtain information from such stations to the Secretary of Transportation not more Maintenance Advisory Panel to review issues about work performed for foreign air car- than $10,000,000; and related to the use and oversight of aircraft riers. (2) not more than $20,000,000 shall be made and aviation component repair and mainte- (f) FAA TO MAKE INFORMATION AVAILABLE available, if available, to the Secretary for nance facilities located within, or outside of, TO PUBLIC.—The Administrator shall make obligation and expenditure out of the ac- the United States; and any information received under subsection count established under section 45303(a) of (2) may seek the advice of the panel on any (d) or (e) available to the public. title 49, United States Code. issue related to methods to improve the safe- (g) TERMINATION.—The panel established ty of domestic or foreign contract aircraft To the extent that amounts are not available under subsection (a) shall terminate on the in such account, there are authorized to be and aviation component repair facilities. earlier of— (b) MEMBERSHIP.—The panel shall consist appropriated such sums as may be necessary (1) the date that is 2 years after the date of of— to provide the amount authorized to be obli- (1) 8 members, appointed by the Adminis- enactment of this Act; or gated under paragraph (2) to carry out those trator as follows: (2) December 31, 2000. sections for that 4 fiscal-year period. (A) 3 representatives of labor organizations (h) ANNUAL REPORT TO CONGRESS.—The Ad- On page 157, between lines 12 and 13, insert representing aviation mechanics; ministrator shall report annually to the Con- the following: (B) 1 representative of cargo air carriers; gress on the number and location of air agen- (d) AUTHORIZATION OF APPROPRIATIONS.— (C) 1 representative of passenger air car- cy certificates that were revoked, suspended, There are authorized to be appropriated to riers; or not renewed during the preceding year. the Secretary of Transportation such sums (D) 1 representative of aircraft and avia- (i) DEFINITIONS.—Any term used in this as may be necessary to carry out section tion component repair stations; section that is defined in subtitle VII of title 41747 of title 49, United States Code. (E) 1 representative of aircraft manufac- 49, United States Code, has the meaning On page 159, beginning with line 3, strike turers; and given that term in that subtitle. through line 22 on page 167 and insert the fol- (F) 1 representative of the aviation indus- SEC. 527. REPORT ON ENHANCED DOMESTIC AIR- lowing: try not described in the preceding subpara- LINE COMPETITION. SEC. 606. SLOT EXEMPTIONS FOR NONSTOP RE- graphs; (a) FINDINGS.—The Congress makes the fol- GIONAL JET SERVICE. (2) 1 representative from the Department lowing findings: (a) IN GENERAL.—Subchapter I of chapter of Transportation, designated by the Sec- (1) There has been a reduction in the level 417 is amended by— retary of Transportation; of competition in the domestic airline busi- (1) redesignating section 41715 as 41716; and (3) 1 representative from the Department ness brought about by mergers, consolida- (2) inserting after section 41714 the fol- of State, designated by the Secretary of tions, and proposed domestic alliances. lowing: State; and (2) Foreign citizens and foreign air carriers ‘‘§ 41715. Slot exemption for nonstop regional (4) 1 representative from the Federal Avia- may be willing to invest in existing or start- jet service. tion Administration, designated by the Ad- up airlines if they are permitted to acquire a ministrator. larger equity share of a United States air- ‘‘(a) IN GENERAL.—Within 90 days after re- (c) RESPONSIBILITIES.—The panel shall— line. ceiving an application for an exemption to (1) determine how much aircraft and avia- (b) STUDY.—the Secretary of Transpor- provide nonstop regional jet air service be- tion component repair work and what type tation, after consulting the appropriate Fed- tween— of aircraft and aviation component repair eral agencies, shall study and report to the ‘‘(1) an airport that is smaller than a large work is being performed by aircraft and avia- Congress not later than December 31, 1998, on hub airport (as defined in section 47134(d)(2)); tion component repair stations located with- the desirability and implications of— and in, and outside of, the United States to bet- (1) decreasing the foreign ownership provi- ‘‘(2) a high density airport subject to the ter understand and analyze methods to im- sions in section 40102(a)(15) of title 49, United exemption authority under section 41714(a), prove the safety and oversight of such facili- States Code, to 51 percent from 75 percent; the Secretary of Transportation shall grant ties; and and or deny the exemption in accordance with es- (2) provide advice and counsel to the Ad- (2) changing the definition of air carrier in tablished principles of safety and the pro- ministrator with respect to aircraft and section 40102(a)(2) of such title by sub- motion of competition. aviation component repair work performed ‘‘(b) EXISTING SLOTS TAKEN INTO AC- stituting ‘‘a company whose principal place by those stations, staffing needs, and any COUNT.—In deciding to grant or deny an ex- of business is in the United States’’ for ‘‘a safety issues associated with that work. emption under subsection (a), the Secretary citizen of the United States’’. (d) FAA TO REQUEST INFORMATION FROM may take into consideration the slots and FOREIGN AIRCRAFT REPAIR STATIONS.— SEC. 528. AIRCRAFT SITUATIONAL DISPLAY DATA. slot exemptions already used by the appli- (1) COLLECTION OF INFORMATION.—The Ad- (a) IN GENERAL.—A memorandum of agree- cant. ministrator shall by regulation request air- ment between the Administrator of the Fed- ‘‘(c) CONDITIONS.—The Secretary may grant craft and aviation component repair stations eral Aviation Administration and any person an exemption to an air carrier under sub- located outside the United States to submit that obtains aircraft situational display data section (a)— such information as the Administrator may from the Administration shall require that— ‘‘(1) for a period of not less than 12 months; require in order to assess safety issues and (1) the person demonstrate to the satisfac- ‘‘(2) for a minimum of 2 daily roundtrip enforcement actions with respect to the tion of the Administrator that such person is flights; and work performed at those stations on aircraft capable of selectively blocking aircraft reg- ‘‘(3) for a maximum of 3 daily roundtrip used by United States air carriers. istration numbers of any aircraft; and flights. (2) DRUG AND ALCOHOL TESTING INFORMA- (2) the person agree to block selectively ‘‘(d) CHANGE OF NONHUB, SMALL HUB, OR TION.—Included in the information the Ad- the aircraft registration numbers of any air- MEDIUM HUB AIRPORT; JET AIRCRAFT.—The ministrator requests under paragraph (1) craft owner or operator upon that owner or Secretary may, upon application made by an shall be information on the existence and ad- operator’s request within 30 days after re- air carrier operating under an exemption ministration of employee drug and alcohol ceiving the request. granted under subsection (a)— testing programs in place at such stations, if (b) TERMINATION FOR NONCOMPLIANCE.—If ‘‘(1) authorize the air carrier or an affili- applicable. any person obtaining such data under such a ated air carrier to upgrade service under the (3) DESCRIPTION OF WORK DONE.—Included in memorandum of agreement fails to block exemption to a larger jet aircraft; or the information the Administrator requests such numbers within 30 days after receiving ‘‘(2) authorize an air carrier operating under paragraph (1) shall be information on a request described in subsection (a)(2), then under such an exemption to change the the amount and type of aircraft and aviation the memorandum of agreement will termi- nonhub airport or small hub airport for component repair work performed at those nate immediately. which the exemption was granted to provide stations on aircraft registered in the United (c) EXISTING MEMORANDA TO BE CON- the same service to a different airport that is States. FORMED.—the Administrator shall conform smaller than a large hub airport (as defined (e) FAA TO REQUEST INFORMATION ABOUT any memoranda of agreement, in effect on in section 47134(d)(2)) if— DOMESTIC AIRCRAFT REPAIR STATIONS.—If the the date of enactment of this Act, between ‘‘(A) the air carrier has been operating Administrator determines that information the Administration and a person under under the exemption for a period of not less on the volume of the use of domestic aircraft which that person obtains such data to in- than 12 months; and and aviation component repair stations is corporate the requirements of subsection (a) ‘‘(B) the air carrier can demonstrate needed in order better to utilize Federal within 30 days after that date. unmitigatable losses. Aviation Administration resources, the Ad- On page 146, line 13, insert ‘‘of chapter 417’’ ‘‘(e) FORFEITURE FOR MISUSE.—Any exemp- ministrator may— after ‘‘Subchapter II’’. tion granted under subsection (a) shall be

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10849 terminated immediately by the Secretary if (1) redesignating section 41716 as 41717; and ‘‘(D) Subparagraph (C) does not apply to the air carrier to which it was granted uses (2) inserting after section 41715 the fol- any increase in the number of instrument the slot for any purpose other than the pur- lowing: flight rule takeoffs and landings necessary to pose for which it was granted or in violation ‘‘§ 41716. Special Rules for Ronald Reagan implement exemptions granted by the Sec- of the conditions under which it was granted. Washington National Airport retary under section 41716.’’. ‘‘(f) RESTORATION OF AIR SERVICE.—To the ‘‘(a) BEYOND-PERIMETER EXEMPTIONS.—In (c) MWAA NOISE-RELATED GRANT ASSUR- extent that— addition to any exemption granted under ANCES.— ‘‘(1) slots were withdrawn from an air car- section 41714(d), the Secretary shall by order (1) IN GENERAL.—In addition to any condi- rier under section 41714(b); grant exemptions from the application of tion for approval of an airport development ‘‘(2) the withdrawal of slots under that sec- sections 49104(a)(5), 49109, 49111(e), and 41714 project that is the subject of a grant applica- tion resulted in a net loss of slots; and of this title to air carriers to operate limited tion submitted to the Secretary of Transpor- ‘‘(3) the net loss of slots and slot exemp- frequencies and aircraft on select routes be- tation under chapter 471 of title 49, United tions resulting from the withdrawal had an tween Ronald Reagan Washington National States Code, by the Metropolitan Wash- adverse effect on service to nonhub airports Airport and domestic hub airports of such ington Airports Authority, the Authority and in other domestic markets, carriers and exemptions from the require- shall be required to submit a written assur- the Secretary shall give priority consider- ments of subparts K and S of part 93, Code of ance that, for each such grant made to the ation to the request of any air carrier from Federal Regulations, if the Secretary finds Authority for fiscal year 1999 or any subse- which slots were withdrawn under that sec- that the exemptions will— quent fiscal year— tion for an equivalent number of slots at the ‘‘(1) provide air transportation service with (A) the Authority will make available for airport where the slots were withdrawn. No domestic network benefits in areas beyond that fiscal year funds for noise compatibility priority consideration shall be given under the perimeter described in that section; and planning and programs that are eligible to ‘‘(2) increase competition in multiple mar- this subsection to an air carrier described in receive funding under chapter 471 of title 49, kets. paragraph (1) when the net loss of slots and United States Code, in an amount not less ‘‘(b) WITHIN-PERIMETER EXEMPTIONS.—In slot exemptions is eliminated. than 10 percent of the aggregate annual addition to any exemption granted under amount of financial assistance provided to ‘‘(g) PRIORITY TO NEW ENTRANTS AND LIM- section 41714(d) or subsection (a) of this sec- the Authority by the Secretary as grants ITED INCUMBENT CARRIERS.— tion, the Secretary shall by order grant ex- under chapter 471 of title 49, United States ‘‘(1) IN GENERAL.—In granting slot exemp- emptions from the requirements of sections tions under this section the Secretary shall, Code; and 49104(a)(5), 49111(e), and 41714 of this title and (B) the Authority will not divert funds in conjunction with subsection (f), give pri- subparts K and S of part 93 of title 14, Code from a high priority safety project in order ority consideration to an application from of Federal Regulations, to commuter air car- to make funds available for noise compat- an air carrier that, as of July 1, 1998, oper- riers for service to airports smaller than ibility planning and programs. ated or held fewer than 20 slots or slot ex- large hub airports (as defined in section (2) WAIVER.—The Secretary of Transpor- emptions at the high density airport for 47134(d)(2)) within the perimeter established tation may waive the requirements of para- which it filed an exemption application. for civil aircraft operations at Ronald graph (1) for any fiscal year for which the ‘‘(2) LIMITATION.—No priority may be given Reagan Washington National Airport under Secretary determines that no additional under paragraph (1) to an air carrier that, at section 49109. The Secretary shall develop noise mitigation is necessary at or around the time of application, operates or holds 20 criteria for distributing slot exemptions for Ronald Reagan Washington National Air- or more slots and slot exemptions at the air- flights within their perimeter to airports port. port for which the exemption application is other than large hubs under this paragraph (3) SUNSET.—This subsection shall cease to filed. in a manner consistent with the promotion be in effect 5 years after the date of enact- ‘‘(3) AFFILIATED CARRIERS.—The Secretary of air transportation. ment of this Act. shall treat all commuter air carriers that ‘‘(c) LIMITATIONS.— (d) NOISE COMPATIBILITY PLANNING AND have cooperative agreements, including ‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An ex- PROGRAMS.—Section 47117(e) is amended by code-share agreements, with other air car- emption may not be granted under this sec- adding at the end thereof the following: riers equally for determining eligibility for tion with respect to any aircraft that is not ‘‘(3) In making grants under paragraph exemptions under this section regardless of a Stage 3 aircraft (as defined by the Sec- (1)(A), the Secretary shall give priority to the form of the corporate relationship be- retary). applications for airport noise compatibility ‘‘(2) GENERAL EXEMPTIONS.—An exemption tween the commuter air carrier and the planning and programs at and around air- granted under subsection (a) may not— other air carrier. ports where operations increase under title ‘‘(A) increase the number of operations at ‘‘(h) STAGE 3 AIRCRAFT REQUIRED.—An ex- VI of the Wendell H. Ford National Air Ronald Reagan Washington National Airport emption may not be granted under this sec- Transportation System Improvement Act of in any 1-hour period during the hours be- tion with respect to any aircraft that is not 1998 and the amendments made by that tween 7:00 a.m. and 9:59 p.m. by more than 2 a Stage 3 aircraft (as defined by the Sec- title.’’. retary). operations; or ‘‘(B) result in the withdrawal or reduction (e) CONFORMING AMENDMENTS.— ‘‘(i) REGIONAL JET DEFINED.—In this sec- (1) Section 49111 is amended by striking tion— of slots operated by an air carrier. ‘‘(3) ADDITIONAL EXEMPTIONS.—The Sec- subsection(e). ‘‘(1) REGIONAL JET.—The term ‘regional jet’ retary shall grant exemptions under sub- (2) The chapter analysis for chapter 417, as means a passenger, turbofan-powered air- amended by section 606(b) of this Act, is craft carrying not fewer than 30 and not sections (a) and (b) that— ‘‘(A) will result in 12 additional daily air amended by striking the item relating to more than 50 passengers. carrier slot exemptions at such airport for section 41716 and inserting the following: ‘‘(2) OTHER TERMS.—Any term used in this long-haul service beyond the perimeter; ‘‘41716. Special Rules for Ronald Reagan section that is defined in section 41762 has ‘‘(B) will result in 12 additional daily com- Washington National Airport. the meaning given that term by section muter slot exemptions at such airport; and ‘‘41717. Air service termination notice.’’. 41762.’’. ‘‘(C) will not result in additional daily (d) REPORT.—Within 1 year after the date (b) CONFORMING AMENDMENTS.— commuter slot exemptions for service to any of enactment of this Act, and biannually (1) Section 40102 is amended by inserting within-the-perimeter airport that is not thereafter, the Secretary shall certify to the after paragraph (28) the following: ‘‘(28A) smaller than a large hub airport (as defined United States Senate Committee on Com- LIMITED INCUMBENT AIR CARRIER.—The term in section 47134(d)(2)). merce, Science, and Transportation, the ‘limited incumbent air carrier’ has the ‘‘(4) REVIEW OF SAFETY, ENVIRONMENTAL, United States House of Representatives meaning given that term in subpart S of part AND NOISE IMPACT.—The Secretary shall as- Committee on Transportation and Infra- 93 of title 14, Code of Federal Regulations, sess the impact of granting exemptions structure, the Governments of Maryland, except that ‘20’ shall be substituted for ‘12’ in under subsections (a) and (b) on the environ- Virginia, and West Virginia and the Wash- sections 93.213(a)(5), 93.223(c)(3), and 93.226(h) ment (including noise levels) and safety dur- ington D.C. Council of Governments that as such sections were in effect on August 1, ing the first 90 days after the date of enact- noise standards, air traffic congestion, air- 1998.’’. ment of the Wendell H. Ford National Air port-related vehicular congestion, safety (2) The chapter analysis for chapter 417 is Transportation System Improvement Act of standards, and adequate air service to com- amended by striking the item relating to 1998. The environmental assessment shall be munities served by small hub airports and section 41716 and inserting the following: carried out in accordance with parts 1500– medium hub airports within the perimeter ‘‘41715. Slot exemptions for nonstop regional 1508 of title 40, Code of Federal Regulations, described in section 49109 of title 49, United jet service. including a public meeting. States Code, have been maintained at appro- ‘‘41716. Air service termination notice.’’. ‘‘(5) APPLICABILITY WITH EXEMPTION 5133.— priate levels. SEC. 607. EXEMPTIONS TO PERIMETER RULE AT Nothing in this section affects Exemption SEC. 608. ADDITIONAL SLOT EXEMPTIONS AT CHI- RONALD REAGAN WASHINGTON NA- No. 5133, as from time-to-time amended and CAGO O’HARE INTERNATIONAL AIR- TIONAL AIRPORT. extended.’’. PORT. (a) IN GENERAL.—Subchapter I of chapter (b) OVERRIDE OF MWAA RESTRICTION.—Sec- (a) IN GENERAL.—Chapter 417, as amended 417, as amended by section 606, is amended tion 49104(a)(5) is amended by adding at the by section 607, is amended by— by— end thereof the following: (1) redesignating section 41717 as 41718; and

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10850 CONGRESSIONAL RECORD — SENATE September 23, 1998 (2) inserting after section 41716 the fol- mote communities and reliever airports. In (1) The Director of the National Air and lowing: assessing the effectiveness of the system the Space Museum of the Smithsonian Institute ‘‘§ 41717. Special Rules for Chicago O’Hare Comptroller General may consider airport or his designee. International Airport runway length of 5,500 feet or the equivalent (2) The Administrator of the National Aer- altitude-adjusted length, air traffic control onautics and Space Administration or his ‘‘(a) IN GENERAL.—The Secretary of Trans- facilities, and navigational aids. designee. portation shall grant 30 slot exemptions over On page 189, line 2, strike ‘‘40125’’ and in- (3) The chairman of the First Flight Cen- a 3-year period beginning on the date of en- sert ‘‘40126’’. tennial Foundation of North Carolina, or his actment of the Wendell H. Ford National Air On page 189, line 9, strike ‘‘40125’’ and in- designee. Transportation System Improvement Act of sert ‘‘40126’’. (4) The chairman of the 2003 Committee of 1998 at Chicago O’Hare International Air- On page 189, between lines 11 and 12, insert Ohio, or his designee. port. the following: (5) As chosen by the Commission, the presi- ‘‘(b) EQUIPMENT AND SERVICE REQUIRE- (3) COMPLIANCE WITH OTHER REGULATIONS.— dent or head of a United States aeronautical MENTS.— For purposes of section 40126 of title 49, society, foundation, or organization of na- ‘‘(1) STAGE 3 AIRCRAFT REQUIRED.—An ex- United States Code— tional stature or prominence who will be a emption may not be granted under this sec- (A) regulations issued by the Secretary of person from a State other than Ohio or tion with respect to any aircraft that is not Transportation and the Administrator of the North Carolina. a Stage 3 aircraft (as defined by the Sec- Federal Aviation Administration under sec- (6) The Administrator of the Federal Avia- retary). tion 3 of Public Law 100–91 (16 U.S.C. 1a–1, tion Administration, or his designee. ‘‘(2) SERVICE PROVIDED.—Of the exemptions note); and (b) VACANCIES.—Any vacancy in the Com- granted under subsection (a)— (B) commercial air tour operations carried mission shall be filled in the same manner in ‘‘(A) 18 shall be used only for service to un- out in compliance with the requirements of which the original designation was made. derserved markets, of which no fewer than 6 those regulations, (c) COMPENSATION.— shall be designated as commuter slot exemp- shall be deemed to meet the requirements of (1) PROHIBITION OF PAY.—Except as pro- tions; and such section 40126. vided in paragraph (2), members of the Com- ‘‘(B) 12 shall be air carrier slot exemptions. On page 191, strike lines 1 through 5 and in- mission shall serve without pay or com- ‘‘(c) PROCEDURAL REQUIREMENTS.—Before sert the following: pensation. granting additional exemptions under sub- ‘‘(2) on the designation of appropriate and (2) TRAVEL EXPENSES.—The Commission section (a), the Secretary shall— feasible quiet aircraft technology standards may adopt a policy, only by unanimous vote, ‘‘(1) conduct an environmental review, tak- for quiet aircraft technologies under devel- for members of the Commission and related ing noise into account, and determine that opment for commercial purposes, which will advisory panels to receive travel expenses, the granting of the additional exemptions receive preferential treatment in a given air including per diem in lieu of subsistence. will not cause a significant increase in noise; tour management plan; The policy may not exceed the levels estab- ‘‘(2) determine whether capacity is avail- On page 192, after line 22, insert the fol- lished under sections 5702 and 5703 of title 5, able and can be used safely and, if the Sec- lowing: United States Code. Members who are Fed- retary so determines then so certify; SEC. 705. PROHIBITION OF COMMERCIAL AIR eral employees shall not receive travel ex- ‘‘(3) give 30 days notice to the public TOURS OVER THE ROCKY MOUNTAIN penses if otherwise reimbursed by the Fed- through publication in the Federal Register NATIONAL PARK. eral Government. Effective beginning on the date of enact- of the Secretary’s intent to grant the addi- (d) QUORUM.—Three members of the Com- tional exemptions; and ment of this Act, no commercial air tour mission shall constitute a quorum. may be operated in the airspace over the ‘‘(4) consult with appropriate officers of (e) CHAIRPERSON.—The Commission shall the State and local government on any re- Rocky Mountain National Park notwith- select a Chairperson of the Commission from lated noise and environmental issues. standing any other provision of this Act or the members designated under subsection ‘‘(d) UNDERSERVED MARKET DEFINED.—In section 40126 of title 49, United States Code, (a)(1), (2), or (5). The Chairperson may not this section, the term ‘service to underserved as added by this Act. vote on matters before the Commission ex- On page 193, strike lines 1 through 12 and markets’ means passenger air transportation cept in the case of a tie vote. The Chair- insert the following: service to an airport that is a nonhub airport person may be removed by a vote of a major- or a small hub airport (as defined in para- TITLE VIII—CENTENNIAL OF FLIGHT ity of the Commission’s members. graphs (4) and (5), respectively, of section COMMEMORATION (f) ORGANIZATION.—No later than 90 days 41731(a)).’’. SEC. 801. SHORT TITLE. after the date of enactment of this Act, the (b) STUDIES.— This title may be cited as the ‘‘Centennial Commission shall meet and select a Chair- (1) 3-YEAR REPORT.—The Secretary shall of Flight Commemoration Act’’ person, Vice Chairperson, and Executive Di- study and submit a report 3 years after the SEC. 802. FINDINGS. rector. first exemption granted under section Congress finds that— SEC. 805. DUTIES. 41717(a) of title 49, United States Code, is (1) December 17, 2003, is the 100th anniver- (a) IN GENERAL.—The Commission shall— first used on the impact of the additional sary of the first successful manned, free, con- (1) represent the United States and take a slots on the safety, environment, noise, ac- trolled, and sustained flight by a power-driv- leadership role with other nations in recog- cess to underserved markets, and competi- en, heavier-than-air machine; nizing the importance of aviation history in tion at Chicago O’Hare International Air- (2) the first flight by Orville and Wilbur general and the centennial of powered flight port. Wright represents the fulfillment of the age- in particular, and promote participation by (2) DOT STUDY IN 2000.—The Secretary of old dream of flying; the United States in such activities; Transportation shall study community noise (3) the airplane has dramatically changed (2) encourage and promote national and levels in the areas surrounding the 4 high- the course of transportation, commerce, international participation and sponsorships density airports after the 100 percent Stage 3 communication, and warfare throughout the in commemoration of the centennial of pow- fleet requirements are in place, and compare world; ered flight by persons and entities such as— those levels with the levels in such areas be- (4) the achievement by the Wright brothers (A) aerospace manufacturing companies; fore 1991. stands as a triumph of American ingenuity, (B) aerospace-related military organiza- (c) CONFORMING AMENDMENT.—The chapter inventiveness, and diligence in developing tions; analysis for chapter 417, as amended by sec- new technologies, and remains an inspiration (C) workers employed in aerospace-related tion 607(b) of this Act, is amended by strik- for all Americans; industries; ing the item relating to section 41717 and in- (5) it is appropriate to remember and renew (D) commercial aviation companies; serting the following: the legacy of the Wright brothers at a time (E) general aviation owners and pilots; ‘‘41717. Special Rules for Chicago O’Hare when the values of creativity and daring rep- (F) aerospace researchers, instructors, and International Airport. resented by the Wright brothers are critical enthusiasts; ‘‘41718. Air service termination notice.’’. to the future of the Nation; and (G) elementary, secondary, and higher edu- On page 168, line 7, strike ‘‘417’’ and insert (6) as the Nation approaches the 100th an- cational institutions; ‘‘417, as amended by section 608,’’. niversary of powered flight, it is appropriate (H) civil, patriotic, educational, sporting, On page 168, line 9, strike ‘‘41716.’’ and in- to celebrate and commemorate the centen- arts, cultural, and historical organizations sert ‘‘41719.’’ nial year through local, national, and inter- and technical societies; On page 173, line 1, strike ‘‘RURAL’’. national observances and activities. (I) aerospace-related museums; and On page 173, strike lines 3 through 14 and SEC. 803. ESTABLISHMENT. (J) State and local governments; insert the following: There is established a commission to be (3) plan and develop, in coordination with The General Accounting Office shall con- known as the Centennial of Flight Commis- the First Flight Centennial Commission, the duct a study of the current state of the na- sion. First Flight Centennial Foundation of North tional airport network and its ability to SEC. 804. MEMBERSHIP. Carolina, and the 2003 Committee of Ohio, meet the air transportation needs of the (a) NUMBER AND APPOINTMENT.—The Com- programs and activities that are appropriate United States over the next 15 years. The mission shall be composed of 6 members, as to commemorate the 100th anniversary of study shall include airports located in re- follows: powered flight;

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10851 (4) maintain, publish, and distribute a cal- nation of the Commission shall become the be used to ensure proper disposition, as spec- endar or register of national and inter- property of the General Services Administra- ified in the final report required under sec- national programs and projects concerning, tion upon the date of termination. tion 810(b), of historically significant prop- and provide a central clearinghouse for, in- (d) MAILS.—The Commission may use the erty which was donated to or acquired by the formation and coordination regarding, dates, United States mails in the same manner and Commission. Any funds remaining after such events, and places of historical and com- under the same conditions as any other Fed- disposition shall be transferred to the Sec- memorative significance regarding aviation eral agency. retary of the Treasury for deposit into the history in general and the centennial of pow- SEC. 807. STAFF AND SUPPORT SERVICES. general fund of the Treasury of the United ered flight in particular; (a) EXECUTIVE DIRECTOR.—There shall be States. (5) provide national coordination for cele- an Executive Director appointed by the Com- SEC. 809. EXCLUSIVE RIGHT TO NAME, LOGOS, bration dates to take place throughout the mission and chosen from among detailees EMBLEMS, SEALS, AND MARKS. United States during the centennial year; from the agencies and organizations rep- (a) IN GENERAL.—The Commission may de- (6) assist in conducting educational, civic, resented on the Commission. The Executive vise any logo, emblem, seal, or descriptive or and commemorative activities relating to Director may be paid at a rate not to exceed designating mark that is required to carry the centennial of powered flight throughout the maximum rate of basic pay payable for out its duties or that it determines is appro- the United States, especially activities that the Senior Executive Service. priate for use in connection with the com- occur in the States of North Carolina and (b) STAFF.—The Commission may appoint memoration of the centennial of powered Ohio and that highlight the activities of the and fix the pay of any additional personnel flight. Wright brothers in such States; and that it considers appropriate, except that an (b) LICENSING.—The Commission shall have (7) encourage the publication of popular individual appointed under this subsection the sole and exclusive right to use, or to and scholarly works related to the history of may not receive pay in excess of the max- allow or refuse the use of, the name ‘‘Centen- aviation or the anniversary of the centennial imum rate of basic pay payable for GS–14 of nial of Flight Commission’’ on any logo, em- of powered flight. the General Schedule. blem, seal, or descriptive or designating (b) NONDUPLICATION OF ACTIVITIES.—The (c) INAPPLICABILITY OF CERTAIN CIVIL SERV- mark that the Commission lawfully adopts. Commission shall attempt to plan and con- ICE LAWS.—The Executive Director and staff (c) EFFECT ON OTHER RIGHTS.—No provision duct its activities in such a manner that ac- of the Commission may be appointed without of this section may be construed to conflict tivities conducted pursuant to this title en- regard to the provisions of title 5, United or interfere with established or vested hance, but do not duplicate, traditional and States Code, governing appointments in the rights. established activities of Ohio’s 2003 Com- competitive service, and may be paid with- (d) USE OF FUNDS.—Funds from licensing mittee, North Carolina’s First Flight Cen- out regard to the provisions of chapter 51 and royalties received pursuant to this section tennial Commission, the First Flight Cen- subchapter III of chapter 53 of such title, re- shall be used by the Commission to carry out tennial Foundation, or any organization of lating to classification and General Schedule the duties of the Commission specified by national stature or prominence. pay rates, except as provided under sub- this title. (e) LICENSING RIGHTS.—All exclusive licens- SEC. 806. POWERS. sections (a) and (b) of this section. ing rights, unless otherwise specified, shall (a) ADVISORY COMMITTEES AND TASK (d) MERIT SYSTEM PRINCIPLES.—The ap- revert to the Air and Space Museum of the FORCES.— pointment of the Executive Director or any Smithsonian Institution upon termination of (1) IN GENERAL.—The Commission may ap- personnel of the Commission under sub- the Commission. point any advisory committee or task force section (a) or (b) shall be made consistent from among the membership of the Advisory with the merit system principles under sec- SEC. 810. REPORTS. Board in section 812. tion 2301 of title 5, United States Code. (a) ANNUAL REPORT.—In each fiscal year in which the Commission is in existence, the (2) FEDERAL COOPERATION.—To ensure the (e) STAFF OF FEDERAL AGENCIES.—Upon re- overall success of the Commission’s efforts, quest by the Chairperson of the Commission, Commission shall prepare and submit to the Commission may call upon various Fed- the head of any Federal department or agen- Congress a report describing the activities of eral departments and agencies to assist in cy may detail, on either a nonreimbursable the Commission during the fiscal year. Each and give support to the programs of the or reimbursable basis, any of the personnel annual report shall also include— (1) recommendations regarding appropriate Commission. The head of the Federal depart- of the department or agency to the Commis- activities to commemorate the centennial of ment or agency, where appropriate, shall fur- sion to assist the Commission to carry out powered flight, including— nish the information or assistance requested its duties under this title. (A) the production, publication, and dis- by the Commission, unless prohibited by law. (f) ADMINISTRATIVE SUPPORT SERVICES.— tribution of books, pamphlets, films, and (3) PROHIBITION OF PAY OTHER THAN TRAVEL (1) REIMBURSABLE SERVICES.—The Sec- other educational materials; EXPENSES.—Members of an advisory com- retary of the Smithsonian Institution may (B) bibliographical and documentary mittee or task force authorized under para- provide to the Commission on a reimburs- able basis any administrative support serv- projects and publications; graph (1) shall not receive pay, but may re- (C) conferences, convocations, lectures, ceive travel expenses pursuant to the policy ices that are necessary to enable the Com- mission to carry out this title. seminars, and other similar programs; adopted by the Commission under section (D) the development of exhibits for librar- (2) NONREIMBURSABLE SERVICES.—The Sec- 804(c)(2). ies, museums, and other appropriate institu- retary may provide administrative support (b) POWERS OF MEMBERS AND AGENTS.—Any tions; services to the Commission on a nonreim- member or agent of the Commission may, if (E) ceremonies and celebrations commemo- bursable basis when, in the opinion of the authorized by the Commission, take any ac- rating specific events that relate to the his- Secretary, the value of such services is insig- tion that the Commission is authorized to tory of aviation; take under this title. nificant or not practical to determine. (F) programs focusing on the history of (g) COOPERATIVE AGREEMENTS.—The Com- (c) AUTHORITY TO PROCURE AND TO MAKE aviation and its benefits to the United mission may enter into cooperative agree- LEGAL AGREEMENTS.— States and humankind; and (1) IN GENERAL.—Notwithstanding any ments with other Federal agencies, State (G) competitions, commissions, and awards other provision in this title, only the Com- and local governments, and private interests regarding historical, scholarly, artistic, lit- mission may procure supplies, services, and and organizations that will contribute to erary, musical, and other works, programs, property, and make or enter into leases and public awareness of and interest in the cen- and projects related to the centennial of other legal agreements in order to carry out tennial of powered flight and toward fur- powered flight; this title. thering the goals and purposes of this title. (2) recommendations to appropriate agen- (2) RESTRICTION.— (h) PROGRAM SUPPORT.—The Commission cies or advisory bodies regarding the (A) IN GENERAL.—A contract, lease, or may receive program support from the non- issuance of commemorative coins, medals, other legal agreement made or entered into profit sector. and stamps by the United States relating to by the Commission may not extend beyond SEC. 808. CONTRIBUTIONS. aviation or the centennial of powered flight; the date of the termination of the Commis- (a) DONATIONS.—The Commission may ac- (3) recommendations for any legislation or sion. cept donations of personal services and his- administrative action that the Commission (B) FEDERAL SUPPORT.—The Commission toric materials relating to the implementa- determines to be appropriate regarding the shall obtain property, equipment, and office tion of its responsibilities under the provi- commemoration of the centennial of powered space from the General Services Administra- sions of this title. flight; tion or the Smithsonian Institution, unless (b) VOLUNTEER SERVICES.—Notwith- (4) an accounting of funds received and ex- other office space, property, or equipment is standing section 1342 of title 31, United pended by the Commission in the fiscal year less costly. States Code, the Commission may accept and that the report concerns, including a de- (3) SUPPLIES AND PROPERTY POSSESSED BY use voluntary and uncompensated services as tailed description of the source and amount COMMISSION AT TERMINATION.—Any supplies the Commission determines necessary. of any funds donated to the Commission in and property, except historically significant (c) REMAINING FUNDS.—Any funds (includ- the fiscal year; and items, that are acquired by the Commission ing funds received from licensing royalties) (5) an accounting of any cooperative agree- under this title and remain in the possession remaining with the Commission on the date ments and contract agreements entered into of the Commission on the date of the termi- of the termination of the Commission may by the Commission.

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(b) FINAL REPORT.—Not later than June 30, whose districts encompass any part of the ‘‘daily slots at such airport, of which at least 2004, the Commission shall submit to the Dayton Heritage National Historical Park. 6 shall be commuter slots’’. President and Congress a final report. The (c) VACANIES.—Any vacancy in the Advi- On page 165, lines 6 and 7, strike ‘‘com- final report shall contain— sory Board shall be filled in the same man- muter slots’’ and insert ‘‘slots’’. (1) a summary of the activities of the Com- ner in which the original designation was mission; made. INHOFE AMENDMENT NO. 3620 (d) MEETINGS.—Seven members of the Ad- (2) a final accounting of funds received and Mr. INHOFE proposed an amendment expended by the Commission; visory Board shall constitute a quorum for a (3) any findings and conclusions of the meeting. All meetings shall be open to the to the bill, S. 2279, supra; as follows: Commission; and public. At the appropriate place, insert the fol- (4) specific recommendations concerning (e) CHAIRPERSON.—The President shall des- lowing: the final disposition of any historically sig- ignate 1 member appointed under subsection SEC. ll. AMENDMENTS, MODIFICATIONS, SUS- nificant items acquired by the Commission, (b)(1)(F) as chairperson of the Advisory PENSIONS, AND REVOCATIONS OF including items donated to the Commission Board. CERTIFICATES. Section 44709 of title 49, United States under section 808(a)(1). (f) MAILS.—The Advisory Board may use the United States mails in the same manner Code, is amended— SEC. 811. AUDIT OF FINANCIAL TRANSACTIONS. (1) in subsection (e)— (A) IN GENERAL.— and under the same conditions as a Federal (A) by striking ‘‘When’’ and inserting ‘‘(1) (1) AUDIT.—The Comptroller General of the agency. Except as provided in paragraph (2), if’’; and United States shall audit on an annual basis (g) DUTIES.—The Advisory Board shall ad- (B) by striking ‘‘However, if’’ and all that the financial transactions of the Commis- vise the Commission on matters related to follows through the end of the subsection sion, including financial transactions involv- this title. and inserting the following: ing donated funds, in accordance with gen- (h) PROHIBITION OF COMPENSATION OTHER ‘‘(2) If the Administrator determines, in erally accepted auditing standards. THAN TRAVEL EXPENSES.—Members of the the order, that an emergency exists and safe- (2) ACCESS.—In conducting an audit under Advisory Board shall not receive pay, but ty in air commerce or air transportation re- this section, the Comptroller General— may receive travel expenses pursuant to the quires the order to be effective imme- (A) shall have access to all books, ac- policy adopted by the Commission under sec- diately— counts, financial records, reports, files, and tion 804(e). ‘‘(A) subject to subparagraph (B), the order other papers, items, or property in use by the (i) TERMINATION.—The Advisory Board shall be in effect unless the Administrator is Commission, as necessary to facilitate the shall terminate upon the termination of the not able to prove to the Board, upon an in- audit; and Commission. quiry of the Board, the existence of an emer- (B) shall be afforded full facilities for SEC. 813. DEFINITIONS. gency that requires the immediate applica- verifying the financial transactions of the In this title: tion of the order in the interest of safety in air commerce and air transportation; and Commission, including access to any finan- (1) ADVISORY BOARD.—The term ‘‘Advisory Board’’ means the Centennial of Flight Fed- ‘‘(B) the Board shall— cial records or securities held for the Com- ‘‘(i) not later than 5 days after the filing of eral Advisory Board. mission by depositories, fiscal agents, or an appeal under paragraph (1), make a dis- (2) CENTENNIAL OF POWERED FLIGHT.—The custodians. position concerning the issues of the appeal (b) FINAL REPORT.—Not later than Sep- term ‘‘centennial of powered flight’’ means that are related to the existence of an emer- tember 30, 2004, the Comptroller General of the anniversary year, from December 2002 to gency referred to in subparagraph (A); and the United States shall submit to the Presi- December 2003, commemorating the 100-year ‘‘(ii) not later than 60 days after the filing dent and to Congress a report detailing the history of aviation beginning with the First of an appeal under paragraph (1), make a results of any audit of the financial trans- Flight and highlighting the achievements of final disposition of the appeal. actions of the Commission conducted by the the Wright brothers in developing the tech- ‘‘(3) If the Administrator determines, in Comptroller General. nologies which have led to the development the order, the existence of an emergency de- SEC. 812. ADVISORY BOARD. of aviation as it is known today. scribed in paragraph (2)(A), the appellant (3) COMMISSION.—The term ‘‘Commission’’ (a) ESTABLISHMENT.—There is established a may request a hearing by the Board on the First Flight Centennial Federal Advisory means the Centennial of Flight Commission. issues of the appeal that are related to the Board. (4) DESIGNEE.—The term ‘‘designee’’ means existence of the emergency. Such request a person from the respective entity of each (b) NUMBER AND APPOINTMENT.— shall be made not later than 48 hours after entity represented on the Commission or Ad- (1) IN GENERAL.—The Board shall be com- the issuance of the order. If an appellant re- posed of 19 members as follows: visory Board. quests a hearing under this paragraph, the (A) The Secretary of the Interior, or the (5) FIRST FLIGHT.—The term ‘‘First Flight’’ Board shall hold the hearing not later than designee of the Secretary. means the first four successful manned, free, 48 hours after receiving that request.’’; and (2) in subsection (f), by inserting ‘‘by fur- (B) The Librarian of Congress, or the des- controlled, and sustained flights by a power- ther order’’ after ‘‘the Administrator de- ignee of the Librarian. driven, heavier-than-air machine, which cides’’. (C) The Secretary of the Air Force, or the were accomplished by Orville and Wilbur designee of the Secretary. Wright of Dayton, Ohio on December 17, 1903, (D) The Secretary of the Navy, or the des- at Kitty Hawk, North Carolina. ROTH (AND MOYNIHAN) ignee of the Secretary. SEC. 814. TERMINATION. AMENDMENT NO. 3621 (E) The Secretary of Transportation, or The Commission shall terminate not later Mr. ROTH (for himself and Mr. MOY- than 60 days after the submission of the final the designee of the Secretary. NIHAN) proposed an amendment to the report required by section 810(b) and shall (F) Six citizens of the United States, ap- bill, S. 2279, supra; as follows: pointed by the President, who— transfer all documents and material to the (i) are not officers or employees of any National Archives or other appropriate Fed- At the end of the bill add the following: government (except membership on the eral entity. TITLE IV—EXTENSION OF AIRPORT AND Board shall not be construed to apply to the SEC. 815. AUTHORIZATION OF APPROPRIATIONS. AIRWAY TRUST FUND EXPENDITURE AU- limitation under this clause); and There are authorized to be appropriated to THORITY (ii) shall be selected based on their experi- carry out this title— SEC. 801. EXTENSION OF EXPENDITURE AUTHOR- ence in the fields of aerospace history, (1) $250,000 for fiscal year 1999; ITY. science, or education, or their ability to rep- (2) $600,000 for fiscal year 2000; (a) IN GENERAL.—Paragraph (1) of section resent the entities enumerated under section (3) $750,000 for fiscal year 2001; 9502(d) of the Internal Revenue Code of 1986 805(a)(2). (4) $900,000 for fiscal year 2002; (relating to expenditures from Airport and (G) Four citizens of the United States, ap- (5) $900,000 for fiscal year 2003; and Airway Trust Fund) is amended— pointed by the majority leader of the Senate (6) $600,000 for fiscal year 2004. (1) by striking ‘‘October 1, 1998’’ and insert- in consultation with the minority leader of Æ ing ‘‘October 1, 2000’’; and (2) by inserting before the semicolon at the the Senate. end of subparagraph (A) the following ‘‘or (H) Four citizens of the United States, ap- COATS AMENDMENT NO. 3619 the Wendell H. Ford National Air Transpor- pointed by the Speaker of the House of Rep- tation System Improvement Act of 1998’’. resentatives in consultation with the minor- (Ordered to lie on the table.) (b) LIMITATION ON EXPENDITURE AUTHOR- ity leader of the House of Representatives. Mr. COATS submitted an amendment ITY.—Section 9502 of such Code is amended Of the individuals appointed under this sub- intended to be proposed by him to the by adding at the end the following new sub- paragraph— section: (i) one shall be selected from among indi- bill, S. 2279, supra; as follows: ‘‘(f) LIMITATION ON TRANSFERS TO TRUST viduals recommended by the representative On page 164, line 7, strike ‘‘commuter’’. FUND.— whose district encompasses the Wright On page 164, line 7, insert ‘‘, including com- ‘‘(1) IN GENERAL.—Except as provided in Brothers National Memorial; and muter air carriers,’’ after ‘‘air carriers’’. paragraph (2), no amount may be appro- (ii) one shall be selected from among indi- On page 165, lines 4 and 5, strike ‘‘daily priated or credited to the Airport and Air- viduals recommended by the representatives commuter slots at such airport’’ and insert way Trust Fund on and after the date of any

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10853 expenditure from the Airport and Airway tiate service on the Cleveland-London (2) 60 days have passed since the report was Trust Fund which is not permitted by this (Gatwick) route; and submitted to the Congress. section. The determination of whether an ex- (4) Continental Airlines is prepared to ini- penditure is so permitted shall be made with- tiate competitive air service on the Cleve- AMENDMENT NO. 3625 out regard to— land-London (Gatwick) route when the Gov- On page 147, line 4, after ‘‘program.’’ insert ‘‘(A) any provision of law which is not con- ernment of the United Kingdom provides the following: ‘‘For purposes of this sub- tained or referenced in this title or in a rev- commercially viable access to the Gatwick section, the application of geographic diver- enue Act; and Airport. sity criteria means criteria that— ‘‘(B) whether such provision of law is a (c) SENSE OF THE SENATE.—It is the sense ‘‘(1) will promote the development of a na- subsequently enacted provision or directly or of the Senate that the Secretary should— tional air transportation system; and indirectly seeks to waive the application of (1) act vigorously to ensure the enforce- ‘‘(2) will involve the participation of com- this subsection. ment of the rights of the United States munities in all regions of the country.’’. ‘‘(2) EXCEPTION FOR PRIOR OBLIGATIONS.— under the Bermuda II Agreement; Paragraph (1) shall not apply to any expendi- (2) intensify efforts to obtain the necessary ture to liquidate any contract entered into assurances from the Government of the McCAIN (AND FORD) AMENDMENT (or for any amount otherwise obligated) be- United Kingdom to allow an air carrier of NO. 3626 fore October 1, 2000, in accordance with the the United States to operate commercially Mr. MCCAIN (for himself and Mr. provisions of this section.’’. viable, competitive service for the Cleveland- FORD) proposed an amendment to the London (Gatwick) route; and bill, S. 2279, supra; as follows: DeWINE AMENDMENT NO. 3622 (3) ensure that the rights of the Govern- ment of the United States and citizens and On page 48 of the managers’ amendment, (Ordered to lie on the table.) air carriers of the United States are enforced strike ‘‘additional’’ in line 12, line 16, and Mr. DEWINE submitted an amend- under the Bermuda II Agreement before line 23. ment intended to be proposed by him seeking to renegotiate a broader bilateral f to the bill, S. 2279, supra; as follows: agreement to establish additional rights for At the appropriate place in title V, insert air carriers of the United States and foreign NOTICES OF HEARINGS the following: air carriers of the United Kingdom, including COMMITTEE ON AGRICULTURE, NUTRITION, AND SEC. 5. . TO EXPRESS THE SENSE OF THE SEN- the right to commercially viable competitive FORESTRY ATE CONCERNING A BILATERAL slots at Gatwick Airport and Heathrow Air- Mr. LUGAR. Mr. President, I would AGREEMENT BETWEEN THE UNITED port in London, England, for air carriers of STATES AND THE UNITED KINGDOM. the United States. like to announce that the Senate Com- (a) DEFINITIONS.—In this section: mittee on Agriculture, Nutrition, and (1) AIR CARRIER.—The term ‘‘air carrier’’ SNOWE AMENDMENTS NOS. 3623– Forestry will meet on Wednesday, Sep- has the meaning given that term in section 3625 tember 23, 1998 at 2:00 p.m. in SR–328A. 40102 of title 49, United States Code. The purpose of this meeting will be to (2) AIRCRAFT.—The term ‘‘aircraft’’ has the Mr. MCCAIN (for Ms. SNOWE) pro- examine forestry issues. meaning given that term in section 40102 of posed three amendments to the bill, S. COMMITTEE ON ENERGY AND NATURAL title 49, United States Code. 2279, supra; as follows: (3) AIR TRANSPORTATION.—The term ‘‘air RESOURCES AMENDMENT NO. 3623 transportation’’ has the meaning given that Mr. MURKOWSKI. Mr. President, I term in section 40102 of title 49, United On page 121, line 1, strike ‘‘INTER- would like to announce for the infor- States Code. NATIONAL’’. mation of the Senate and the public (4) BERMUDA II AGREEMENT.—The term On page 121, line 3, before ‘‘The’’ insert ‘‘(a) ESTABLISHMENT OF HIGHER INTERNATIONAL that a full committee hearing has been ‘‘Bermuda II Agreement’’ means the Agree- scheduled before the Committee on En- ment Between the United States of America STANDARDS.—’’. and United Kingdom of Great Britain and On page 121, between lines 9 and 10, insert ergy and Natural Resources. Northern Ireland Concerning Air Services, the following: The hearing will take place on Thurs- (b) INCREASED CIVIL PENALTIES.—Section signed at Bermuda on July 23, 1977 (TIAS day, October 1, 1998 at 9:30 a.m. in room 46301(a) is amended by— SD–366 of the Dirksen Senate Office 8641). (1) inserting ‘‘41705,’’ after 1142704,’’ in (5) CLEVELAND-LONDON (GATWICK) ROUTE.— paragraph (1)(A); and Building in Washington, DC. The term ‘‘Cleveland-London (Gatwick) (2) adding at the end thereof the following: The purpose of this hearing is to con- route’’ means the route between Cleveland, ‘‘(7) Unless an air carrier that violates sec- sider the nominations of Eljay B. Ohio, and the Gatwick Airport in London, tion 41705 with respect to an individual pro- Bowron to be Inspector General of the England. vides that individual a credit or voucher for Department of the Interior; Rose (6) FOREIGN AIR CARRIER.—The term ‘‘for- the purchase of a ticket on that air carrier eign air carrier’’ has the meaning given that Eilene Gottemoeller to be an Assistant or any affiliated air carrier in an amount Secretary of Energy for Non-Prolifera- term in section 40102 of title 49, United (determined by the Secretary) of— States Code. ‘‘(A) not less than $500 and not more than tion and National Security; and David (7) SECRETARY.—The term ‘‘Secretary’’ $2,500 for the first violation; or Michaels to be an Assistant Secretary means the Secretary of Transportation. ‘‘(B) not less than $2,500 and not more than of Energy for Environment, Safety and (8) SLOT.—The term ‘‘slot’’ means a res- $5,000 for any subsequent violation, that air Health. ervation for an instrument flight rule take- carrier is liable to the United States Govern- off or landing by an air carrier of an aircraft For further information, please con- ment for a civil penalty, determined by the tact Gary Ellsworth of the Committee in air transportation. Secretary, of not more than 100 percent of (b) FINDINGS.—Congress finds that— staff at (202) 224–7141. (1) under the Bermuda II Agreement, the the amount of the credit or voucher so deter- f United States has a right to designate an air mined. For purposes of this paragraph, each carrier of the United States to serve the act of discrimination prohibited by section AUTHORITY FOR COMMITTEES TO 41705 constitutes a separate violation of that Cleveland-London (Gatwick) route; MEET (2)(A) on December 3, 1996, the Secretary section.’’. awarded the Cleveland-London (Gatwick) On page 89, strike the item relating to sec- COMMITTEE ON AGRICULTURE, NUTRITION, AND route to Continental Airlines; tion 507 and insert the following: FORESTRY (B) on June 15, 1998, Continental Airlines Sec. 507. Higher standards for handicapped Mr. GRASSLEY. Mr. President, I ask announced plans to launch nonstop service access. unanimous consent that the Com- on that route on February 19, 1999, and to mittee on Agriculture, Nutrition, and AMENDMENT NO. 3624 provide single-carrier one-stop service be- Forestry be allowed to meet during the tween London, England (from Gatwick Air- At the appropriate place, insert the fol- port) and dozens of cities in Ohio and the lowing new section: session of the Senate on Wednesday, surrounding region; and SEC. . AUTOMATED SURFACE OBSERVATION September 23, 1998. The purpose of this (C) on August 4, 1998, the Secretary re- SYSTEM STATIONS. meeting will be to examine forestry newed the authority of Continental Airlines The Administrator of the Federal Aviation issues. to carry out the nonstop service referred to Administration shall not terminate human The PRESIDING OFFICER. Without in subparagraph (B) and selected Cleveland, weather observers for Automated Surface objection, it is so ordered. Ohio, as a new gateway under the Bermuda II Observation System stations until— COMMITTEE ON ARMED SERVICES Agreement; (1) the Secretary of Transportation deter- (3) unless the Government of the United mines that the System provides consistent Mr. GRASSLEY. Mr. President, I ask Kingdom provides Continental Airlines com- reporting of changing meteorological condi- unanimous consent that the Com- mercially viable access to Gatwick Airport, tions and notifies the Congress in writing of mittee on Armed Services be author- Continental Airlines will not be able to ini- that determination; and ized to

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10854 CONGRESSIONAL RECORD — SENATE September 23, 1998 meet on Wednesday, September 23, Senate on Wednesday, September 23, ADDITIONAL STATEMENTS 1998, at 10:00 a.m. in closed session, to 1998 at 9:00 am to conduct a hearing on receive testimony on North Korea’s Title V and Title VI of H.R. 1833, to Ballistic Missile and Weapons of Mass amend the Indian Self-Determination Destruction programs. and Education Assistance Act to pro- PROSTATE CANCER RESEARCH The PRESIDING OFFICER. Without vide for further Self-Governance by In- FUNDING objection, it is so ordered. dian tribes. The hearing will be held in ∑ Mr. REID. Mr. President, I rise today COMMITTEE ON BANKING, HOUSING, AND URBAN room 562 of the Dirksen Senate Office to call the attention of my colleagues AFFAIRS Building. to a subject that many of us, especially Mr. GRASSLEY. Mr. President, I ask COMMITTEE ON LABOR AND HUMAN RESOURCES men, do not like to discuss publicly— unanimous consent that the Com- Mr. GRASSLEY. Mr. President, I ask prostate cancer. However, as one of the mittee on Banking, Housing, and unanimous consent that the Com- most frequently diagnosed cancers in Urban Affairs be authorized to meet mittee on Labor and Human Resources the country, prostate cancer is a sub- during the session of the Senate on be authorized to meet in executive ses- ject that we cannot afford to ignore. Wednesday, September 23, 1998, to con- sion during the session of the Senate duct a hearing of the following nomi- In my home state of Nevada, it is es- on Wednesday, September 23, 1998, at timated that 1,100 men will be diag- nees: John D. Hawke, Jr., of Wash- 9:30 a.m. ington, DC, to be the Comptroller of nosed with prostate cancer this year The PRESIDING OFFICER. Without alone. Nationwide, 200,000 men will be the Currency; William C. Apgar, Jr., of objection, it is so ordered. Massachusetts, to be the Assistant Sec- diagnosed with prostate cancer in 1998. SELECT COMMITTEE ON INTELLIGENCE retary of Housing and Urban Develop- This deadly disease will take the lives Mr. GRASSLEY. Mr. President, I ask ment for Housing, and Federal Housing of 40,000 American men this year alone. unanimous consent that the Select Administrator; Saul N. Ramirez, Jr., of Prostate cancer kills as many Ameri- Committee on Intelligence be author- Texas, to be the Deputy Secretary of cans yearly as AIDS or breast cancer. ized to meet during the session of the Housing and Urban Development; The increase in regular screenings for Senate on Wednesday, September 23, Cardell Cooper, of New Jersey, to be prostate cancer over the past few years 1998 at 2:30 p.m. to hold a closed hear- the Assistant Secretary of Housing and is encouraging. Last year, I had the op- ing on intelligence matters. portunity to participate in the Senate Urban Development for Community The PRESIDING OFFICER. Without Special Committee on Aging’s hearing Planning & Development; and Harold objection, it is so ordered. Lucas, of New Jersey, to be the Assist- on prostate cancer. Nevada’s Governor SUBCOMMITTEE ON COMMUNICATIONS ant Secretary of Housing and Urban Bob Miller, along with former Senate Development for Public & Indian Hous- Mr. GRASSLEY. Mr. President, I ask Majority Leader Bob Dole, NFL Hall of ing. unanimous consent that the Commu- Famer Len Dawson and General Man- The PRESIDING OFFICER. Without nications Subcommittee of the Senate ager of the New York Yankees, Bob objection, it is so ordered. Committee on Commerce, Science, and Watson all testified about their per- COMMITTEE ON ENERGY AND NATURAL Transportation be authorized to meet sonal experiences with prostate cancer. RESOURCES on Wednesday, September 23, 1998, at These men shared a common message Mr. GRASSLEY. Mr. President, I ask 9:30 a.m. on internet privacy. that was clear and urgent: get tested unanimous consent that the Com- The PRESIDING OFFICER. Without for prostate cancer as early as possible, mittee on Energy and Natural Re- objection, it is so ordered. because early detection increases sur- sources be granted permission to meet SUBCOMMITTEE ON CONSTITUTION, FEDERALISM, vival rates tremendously. AND PROPERTY RIGHTS during the session of the Senate on While the importance of early detec- Wednesday, September 23, for purposes Mr. GRASSLEY. Mr. President, I ask unanimous consent that the Sub- tion through regular screenings cannot of conducting a Full Committee busi- be overstated, we can and we must do ness meeting which is scheduled to committee on Constitution, Fed- eralism, and Property Rights, of the more. In each of the last two fiscal begin at 9:30 a.m. The purpose of this years, Congress has appropriated $40 business meeting is to consider pending Senate Judiciary Committee, be au- thorized to meet during the session of million for new, cutting-edge peer-re- calendar business. viewed research at the Department of COMMITTEE ON ENVIRONMENT AND PUBLIC the Senate on Wednesday, September 23, 1998 to hold a hearing, at 2:00 p.m. in Defense. In instituting the program, WORKS the DOD found it necessary to combine Mr. GRASSLEY. Mr. President, I ask room SD–222 of the Senate Dirksen Of- the funds from both years to meet the unanimous consent that the full Com- fice Building on: ‘‘Whose Right to Keep needs of the grant proposals received in mittee on Environment and Public and Bear Arms? The Second Amend- the first cycle. Consequently, the Works be granted permission to meet ment as a Source of Individual President announced the first cycle of to consider pending business Wednes- Rights.’’ prostate cancer research grants—re- day, September 23, 1998, 9:30 a.m., Hear- The PRESIDING OFFICER. Without leasing $60 million in June and July for ing Room (SD–406). objection, it is so ordered. peer-reviewed research. The PRESIDING OFFICER. Without SUBCOMMITTEE ON SCIENCE objection, it is so ordered. Mr. GRASSLEY. Mr. President, I ask In this year’s Defense Appropriations COMMITTEE ON FOREIGN RELATIONS unanimous consent that the Science, Bill, we have provided $40 million for Mr. GRASSLEY. Mr. President, I ask subcommittee of the Senate Com- prostate cancer research. The House unanimous consent that the Com- mittee on Commerce, Science, and bill has only allocated $10 million for mittee on Foreign Relations be author- Transportation be authorized to meet this purpose. These numbers fall short ized to meet during the session of the on Wednesday, September 23, 1998, at of what is needed to fund crucial re- Senate on Wednesday, September 23, 2:00 p.m. on us Commercial Space search initiatives. I hope that when the 1998 at 1:30 am to hold a hearing. Launch Industry. Defense Appropriations Bill is in Con- COMMITTEE ON GOVERNMENTAL AFFAIRS The PRESIDING OFFICER. Without ference this week, funding levels for Mr. GRASSLEY. Mr. President, I ask objection, it is so ordered. prostate cancer research will be in- unanimous consent on behalf of the SUBCOMMITTEE ON TRANSPORTATION AND creased. Without adequate resources, Government Affairs Committee to INFRASTRUCTURE promising research into causes and meet on Wednesday, September 23, Mr. GRASSLEY. Mr. President, I ask treatments for prostate cancer will go 1998, at 10:00 a.m. for a hearing on com- unanimous consent that the Sub- unfunded. For lack of research, mil- puter security studies performed at the committee on Transportation and In- lions of men and their families will Department of Veterans Affairs and frastructure be granted permission to face critical unanswered questions the Social Security Administration. conduct a hearing on the Patent and about screening, diagnosis, treatment, COMMITTEE ON INDIAN AFFAIRS Trademark Office consolidation, prevention and cures for prostate can- Mr. GRASSLEY. Mr. President, I ask Wednesday, September 23, 4:00 p.m., cer. unanimous consent that the Senate Hearing Room (SD–406). Yesterday, 110 American men died of Committee on Indian Affairs be author- The PRESIDING OFFICER. Without prostate cancer. That same number ized to meet during the session of the objection, it is so ordered. will die today, tomorrow, and every

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10855 day until research identifies a cure. I AMERICAN ASSOCIATION ON MEN- The mail we receive from our con- hope that my colleagues will make TAL RETARDATION ILLINOIS stituents and, in return, answer is the more funds available for the prostate CHAPTER’S 1998 DIRECT SERVICE lifeblood of our representative govern- cancer research program at the Depart- PROFESSIONAL AWARD WINNERS ment. It was in this context and with ment of Defense so that we may offer ∑ Ms. MOSELEY-BRAUN. Mr. Presi- this attitude that Connie worked as hope to the millions affected by this dent, it is my distinct pleasure to join Editor on my staff. She, in many ways, ∑ deadly disease. the Illinois chapter of the American had the hardest job in the office—with Association on Mental Retardation in red pen, she pointed out everyone’s f honoring the recipients of the 1998 Di- mistakes! But she always worked very rect Service Professional Award. These diligently, professionally and respon- JIM SOLOMON AND HIS RETIRE- honorees are being recognized for their sibly. She worked long hours and often MENT AS THE ALABAMA ATTOR- outstanding commitment and contribu- took work home with her; she made us NEY GENERAL’S OPINIONS DIVI- tions to the lives of people in Illinois all better writers. She labored in this SION CHIEF with developmental disabilities. manner to make sure that my mail was These award winners have distin- without fault. ∑ Mr. SESSIONS. Mr. President, I guished themselves through their com- Connie was always ready with advice would like to take a few moments to passion, dedication, patience and pro- and assistance when someone on staff speak to you about Jim Solomon, who fessionalism. Their work not only en- needed help right away with a letter, is retiring from his position as head of riches the lives of those who they care speech or a press release. Though the the Alabama Attorney General’s Opin- for, but also enriches all of our lives work load sometimes could have over- ions Division after 35 years of service and sets an example of service for all whelmed her, she always rose to the to the state of Alabama. Americans to follow. challenge and kept her promises to get This division fields legal advice re- It is important to note that the indi- her editing done on time. quests from all over the state of Ala- viduals being honored are professionals She was very knowledgeable and up- bama, with the majority of the re- who spend at least 50 percent of their to-date on legislation—she watched the quests coming from local government time directly working with and assist- floor, read Congress Daily—she didn’t officials having various questions con- ing their clients in the clients’ life- just correct grammar, but content as cerning ambiguities in state laws. space. These people are not supervisors well. She knew the issues and could While opinions are not legally binding, or managers. Instead, they are direct spot a mistake a mile away. We real- they are used as guidelines by the var- service providers on the front-lines of ized how much the entire process de- ious entities in developing public pol- our nation’s mental health care sys- pended on her whenever she took vaca- icy. Therefore, correct interpretation tem, delivering much needed and much tion. Mail came first to Connie! I will of Alabama laws are essential to the appreciated care and assistance. always be thankful for her remarkable smaller communities and agencies that It is indeed my privilege to recognize commitment to a demanding and do not have a legal staff. Mr. Solo- and celebrate the achievements of the stressful job and her respect for the mon’s contributions to this effort have following Illinois direct service profes- English language. Connie dedicated her life to being the been extraordinary and should be sionals: Henry Barrington, Raymond best editor one can be. Before she came noted. Betke, Shelly Cross, Caroline Frost, to my office, she worked as an editor I had the honor of working with Mr. Patty Hart, Zarina Hasham, Debbie for Senator HARRY REID, for the Na- Solomon during my term as the Attor- Huff, Carolyn Johnson, Molly Kuster, tional Archives, for Bechtel, and as a ney General of Alabama. He was an Preston McBride, Pearlene McDougal, picture researcher for LIFE magazine. outstanding employee who believed in Patricia Mercer, Lisa Pyle, Della I would like to extend my deepest service above self. He never strayed Reese, Michael Smith, Marie Thomp- sympathies to Connie’s daughter, from this work ethic during his 19 son, Marcia Weidman, Jodie White, brother and other family members. On years in that office. He served as a role Katie Whiteford and Sabrina Willis. It behalf of my entire office, I wish to let model to others and was someone who is my honor to serve these dedicated them know that our prayers and could always be counted on regardless professionals in the United States Sen- thoughts are with them. of the job or the circumstances. His ad- ate. Connie was an indispensable member ministrative and supervisory abilities I am confident that my colleagues of our team; her energy, vitality, and were superior and he was greatly loved here in the Senate will take this oppor- dedication will be missed for a long by those with whom he worked. One of tunity to join me in saluting the win- time. We simply couldn’t have accom- his most impressive achievements was ners of the 1998 Direct Service Profes- plished what we did on a weekly basis the indexing of all Opinions from 1979 sional Award. These awardees rep- for the past few years without her. Per- forward, making it possible for the resent the best spirit of community public to have access to them on the ∑ sonally and professionally, we have service. ∑ Internet. lost a good friend and coworker. f During Mr. Solomon’s employment in f the Opinions Division, he was respon- TRIBUTE TO CONNIE DRAKELEY NATIONAL MISSILE DEFENSE sible for writing approximately 8,000 ∑ Mr. GREGG. Mr. President, I come to Mr. DODD. Mr. President, in light of Opinions for state and local officials. the floor today with the sad task of in- the recent vote on national missile de- One of the most memorable opinions forming the Senate of the passing of fense, I feel compelled to explain my caused the previously closed state leg- one of my staff, Connie Drakeley. position on this important issue. In islative committee meetings to open to Connie died in her sleep last week and short, I agree with this Nation’s senior the public. coming to terms with her sudden pass- military officers, the Joint Chiefs of Jim Solomon is more than a great ing has been difficult. Staff. Each of them opposes the Na- public servant. He possesses in rich Connie was a very important member tional Missile Defense bill, and they measure the qualities that made for a of my staff and will be greatly missed. provided a detailed explanation of their great citizen, a strong churchman, a She will be missed not only for the position in a letter they sent to Capitol faithful family man and a good friend large contributions she made to the of- Hill prior to the vote. to many. He sets high standards and a fice, but also because she was our The National Missile Defense bill good example for all of us. friend. would require that a national missile Mr. President, I appreciate being able Connie joined my staff in March, 1995 defense system be deployed as soon as to make these brief comments to my in the position of Editor. She came it is ‘‘technologically feasible.’’ Con- fellow colleagues because it is impor- aboard during a time when the mail versely, the current plan calls for the tant that Jim Solomon be recognized was building up and a significant back- Defense Department, by the year 2000, for his years of outstanding service to log was forming—in short order, to research and develop such a system Alabama.∑ Connie alleviated the problem. and then be able to deploy it within

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10856 CONGRESSIONAL RECORD — SENATE September 23, 1998 three years. This policy allows us to defense and non-defense priorities, with so much confidence—and hope—for the develop our capabilities in view of de- however, now is not the time to rush future. The accomplishment of Trans- veloping threats rather than run the forward with a decision to deploy an formation is a great, triumphant victory in risk of deploying a system that proves our common endeavor to expand what is pos- undeveloped national missile defense sible in health care. to be ineffective. In the absence of a system. And I’m also pleased to announce today current long range ballistic missile f that, following this speech, I am leaving on threat from a rogue state, this is the a nation-wide tour of blood drives and celeb- most reasonable policy. RECOGNIZING THE 50TH ANNIVER- rity events to focus attention on the safety Research and development of a Na- SARY OF THE AMERICAN RED revolution in America’s blood supply. Many tional Missile Defense system is ad- CROSS BLOOD SERVICES of our citizens are still frightened of trans- vancing at an accelerated pace. Most ∑ Mr. FRIST. Mr. President, yesterday fusions, and they should not be! Many mil- lions still mistrust those red bags of life, and weapons systems require six to twelve I submitted a concurrent resolution they must not! We have achieved a new years before they are fully developed recognizing the 50th anniversary of the American miracle in blood, and I will take and ready to be deployed, but under the American Red Cross Blood Services. I that message across America. We will cele- current timetable, the National Missile ask that the text of remarks made at brate and we will educate but first, let me Defense system will spend as little as the 50th Anniversary Bicentennial ruminate. three years in the development phase. Celebration by Mrs. Elizabeth Dole, When I came to the Red Cross in February This represents the Defense Depart- President of the Red Cross, be printed 1991, the legal and financial vulnerabilities of our blood operations threatened the very ment’s strong commitment to pro- in the RECORD. viability of the Red Cross. The country was tecting the United States from an The remarks follow: pretty worried about the safety of America’s intercontinental missile attack. That Thank you, Paul, for that kind introduc- blood supply back then. And as the person commitment is backed by billions of tion and ladies and gentlemen, thank you so newly responsible for half of it, so was I. dollars in funding. The nation will much. And special thanks to Donna Shalala, Some of our Board members wanted us to get spend nearly a billion dollars on na- Secretary of Health and Human Services, out of blood banking altogether, believing and David Kessler, Dean of the Yale Medical tional missile defense during the next our duty to safeguard the rest of our historic School and former Commissioner of the Food organization demanded that we abandon this fiscal year alone. and Drug Administration. We are delighted mission field. Between Congressional hear- The National Missile Defense bill you could be with us today as we mark the ings, media expose´s and enormous regulatory would not have advanced the timetable 50th anniversary of the most important of pressure, there were days when I wanted to for developing and deploying a missile our national reserves: America’s reserve of get out, too. defense system. What it would have life, the American blood supply. Thank you, Still, the question haunted us: if we left done is lock this nation in to buying a Donna and David, for your continued leader- blood banking, who would fill our shoes? The yet-to-be-developed system against an ship, and for your steadfast dedication to the Red Cross is not a public agency, but what unknown threat for an unidentified safety and quality of American health. we do—especially in blood—is a public trust. Aren’t we thrilled to have Garth Brooks We weren’t going to let America down. Not sum of money. A decision to buy a sys- here. Garth, you have a magical hold on the on our watch. tem at such an early stage would not spirit of our people. What a joy it is that you The blood supply was as safe as the current only have been unprecedented, but it would share that bond with us. We are enor- blood systems and contemporary scientists could have sapped funding from pro- mously grateful. knew how to make it. But in the age of AIDS grams that are directed at addressing What a day! We are also so very pleased to and other blood borne infectious diseases, existing threats. For example, the be joined by the Oak Ridge Boys! Boys, your wasn’t there more we could do? We had to ‘‘think outside the box’’ with respect to ex- Joint Chiefs of Staff pointed out that a music puts the party in the birthday, and we thank you. isting science, blood supply management, weapon of mass destruction may pres- Also, many thanks to the other wonderful and safety approaches. ently be delivered through unconven- celebrities with us today—Lynda Carter, We dreamed, in 1991, of where we wanted to tional, terrorist-style means, yet a na- Kennedy, and William Moses. We sincerely go. But we did more than that. We mustered tional missile defense system would appreciate your generosity in joining us to our courage and embraced Transformation as not address that threat. celebrate our 50th birthday of Biomedical our ticket to ride. It was the most ambitious This bill would have had a detri- Services. And, welcome to Councilwoman project the Red Cross had ever undertaken; the total redesign of how we collect, process, mental impact on arms control agree- Charlene Drew Jarvis, the daughter of Dr. Charles Drew, renowned plasma pioneer for test, and deliver nearly half of America’s ments. Had the United States gone for- blood supply. I dare say it is the most pro- ward to deploy a National Missile De- the American Red Cross and leading author- ity on transfusion. The Charles Drew Insti- found change any non-profit organization fense system as the bill required, this tute honors his memory. Thank you, has made in recent memory! At the time, it felt the way I imagine a nation would have violated the Anti- Charlene, for your support over the years. Shuttle astronaut must feel on her first Ballistic Missile (ABM) Treaty. Addi- As we observe this 50th anniversary, of space walk letting go of the ship, taking her tionally, it might have caused Russia American Red Cross Blood services, it’s a first step into the unknown. It felt as if our time to take satisfaction in our past and to withdraw from the START I Treaty whole organization had let go . . . let go of pride in where we’ve been. The Red Cross and certainly would have prevented the the security of status-quo standards, let go ratification of the START II Treaty. started collecting blood during World War II of the financial certainty underpinning our The intercontinental ballistic missile in order to save soldier’s lives, and our ef- entire operation, let go of what we knew, in forts were credited with reducing the death threat to this nation will be intensified search of what we hoped to find—but know- rate among these soldiers to half that of ing that each step was backed up by a truly if Russia retains hundreds of additional their World War I counterparts. When peace nuclear weapons as a result broken exceptional scientific team entirely com- came, we created America’s first nationwide, mitted to forging new frontiers. I feel so for- agreements. The current policy, con- volunteer blood collection and distribution tunate that Jim Ross with Brian McDonough tinued research and development of a system, assuring all our citizens access to and each member of his outstanding team system, would not violate arms control one of the great medical advances of this answered my call to complete this challenge. agreements or cause Russia to with- century. In 1993, the Food and Drug Administration draw from treaties that place impor- But health events in the last two decades imposed a consent decree on our blood serv- rocked us to our very foundations. The age ices operations. But as David will tell you, tant limitations on both nations’ mis- of blood-borne diseases such as AIDS and siles. we were already more than two years into new forms of hepatitis swooped down on us Transformation. The consent decree was ba- In conclusion, although I oppose this with a vengeance. We knew we could no sically a codification or ratification of our National Missile Defense bill, I feel longer operate at the Red Cross as we had far-reaching plan, with timelines and mile- strongly that there is an important done for so many years. Which is why this stones for measuring our progress. And place for missile defense in our na- year, our 50th anniversary, is a year to look today, as we conclude Transformation, we tional security strategy. There have forward, rather than back. Today I take also are wrapping up our last requirements been some important advancements in great joy in announcing an historic achieve- under the decree. the development of both theater and ment: With the completion of Transformation As the year closes, the American Red Cross this year, we will have forced ourselves from national missile defense systems that will celebrate the completion of our nearly the mind set of always doing things the way will surely benefit this nation in the seven-year, $287 million dollar trans- we had done them before. We already have future. Our efforts along these lines formation of our blood operations. This long- left behind our days in the comfort of indus- must continue. Considering all of our awaited milestone is the reason I stand here try average to become the undisputed leader

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10857 in blood banking. Once we were weighed uating and monitoring possible threats to mates of budget authority, outlays, down with 53 non-standardized blood centers the blood supply and working on many other and revenues, which are consistent running 28 computer systems in a patchwork new, cutting-edge technologies—some of with the technical and economic as- quilt of regions, each with its own operating which we will share with you today. procedures and business practices. Today we But all this technology wouldn’t be worth sumptions of the 1998 Concurrent Reso- have one set of operational procedures, one a thing without the Red Cross who make it lution on the Budget (H. Con. Res. 84), set of business practices, and one state of the work for America. They are the reason and show that current level spending is art computer system—which gives us the the inspiration for our service. We have 1.3 below the budget resolution by $17.1 best national donor deferral system and the million volunteers, 32,000 paid staff, and 4.3 billion in budget authority and above largest blood information data base in the million blood donors—that’s 20,000 donors world for transfusion medicine research. every day—I’d like to stop just a minute give the budget resolution by $1.9 billion in We determined that today’s demands were those heroes a loud round of applause. outlays. Current level is $1.0 billion best met in high-volume, state-of-the-art, Yes, after 50 years in Blood Services—and below the revenue floor in 1998 and $2.9 centralized labs, so we replaced our 53 test- spending the last seven years transforming billion above the revenue floor over the ing facilities with 8 state-of-the-art, high- them, the American Red Cross has much to five years 1998–2002. The current esti- tech laboratories that today are the leading celebrate. In addition to enhancing blood centers of their kind in the world. This en- safety, our investment has given us the mate of the deficit for purposes of cal- ables us to quickly incorporate medical tech- knowledge and confidence to shape our own culating the maximum deficit amount nology as it evolves. future. is $176.4 billion, $2.9 billion above the Perhaps most importantly, today we no Before Transformation, the Red Cross and maximum deficit amount for 1998 of longer fear finding our own faults. We ac- other blood banks around the country waited $173.5 billion. tively seek them out, report them and then for signals from the FDA that change was re- fix them, ourselves. We hired a leader in quired. Today, the Red Cross is a leader of Since my last report, dated Sep- quality assurance who created an inde- change. While Transformation the program tember 8, 1998, there has been no action pendent program, providing more than 200 is nearly complete, Transformation the proc- that has changed the current level of experts to audit and consult with all of our ess will be never ending. fixed sites. We actively monitor for more There is a story I love about Supreme budget authority, outlays, and reve- than 150 possible deviations in manufac- Court Justice Oliver Wendell Holmes. When nues. turing. And our folks, can and on occasion Justice Holmes was in his 90s, he took a trip The report follows: have shut down a process immediately, when on the Pennsylvania Railroad. As he saw the U.S. CONGRESS, they have found a serious deviation from conductor coming down the aisle, he began standard operating procedure. CONGRESSIONAL BUDGET OFFICE, patting his pockets, looking for his ticket. Washington, DC, September 22, 1998. In short, we have a new, centralized man- The conductor, recognizing the famous ju- Hon. PETE V. DOMENICI, agement structure, a new information sys- rist, said ‘‘Don’t worry, Mr. Justice. I’m sure tem, and the best quality assurance program Chairman, Committee on the Budget, you’ll find your ticket when you leave the U.S. Senate, Washington, DC. in existence. We have consolidated and mod- train, and certainly the Pennsylvania Rail- ernized testing and have strictly standard- road will trust you to mail it back later.’’ DEAR MR. CHAIRMAN: The enclosed report ized procedures and training across our sys- Justice Holmes looked up at the conductor for fiscal year 1998 shows the effects of Con- tem. As a matter of fact, we now run the with some irritation and said, ‘‘My dear gressional action on the 1998 budget and is highly acclaimed Charles Drew Biomedical man, the problem is not, where is my ticket. current through September 21, 1998. The esti- Institute—and provide leadership to the en- The problem is, where am I going?’’ mates of budget authority, outlays, and rev- tire blood banking community. Ladies and gentlemen, the American Red enues are consistent with the technical and We have moved to a position of leadership Cross knows where it’s going! As we have led economic assumptions of the 1998 Concurrent in an industry which has achieved phe- the nation in blood transformation, so we nomenal success in the face of frightening Resolution on the Budget (H. Con. Res. 84). will set a new credo of business for busi- This report is submitted under Section 308(b) odds: In 1991, an American’s risk of HIV nesses of the heart. But more than that, we and in aid of Section 311 of the Congressional transmission from a blood transfusion was are dedicated to saving and improving every Budget Act, as amended. one in 220,000. Today, is it nearly one in life we can. We at the Red Cross want to be 700,000—more than a three-fold reduction in the model for non-profits in the next cen- Since my last report, dated September 3, risk. I’d say that is worth cheering about, tury. The status quo is no longer our milieu. 1998, there has been no action that has wouldn’t you? Well into the new millennium, the Red Cross changed the current level of budget author- Today, I can say what I could not seven will seek out the cutting edge; we will be the years ago: the Red Cross is in the blood busi- ity, outlays, and revenues. people who question the range of possibili- ness to stay. We are sure of our mission and Sincerely, ties—in blood banking as well as in every we know how to fulfill it. No longer an orga- JUNE E. O’NEILL, other aspect of our mission. nization constrained by yesterday’s tech- Director. But we know we cannot accomplish all of nology, we operate today with the gleaming Enclosures. our dreams by ourselves. We need the time precision and efficiency of what is still, for and money, the brainpower and the lifeblood most in the world, only tomorrow’s possibili- of Americans like you. Together, we will THE CURRENT LEVEL REPORT FOR THE U.S. SENATE, FIS- ties. We offer Cadillac quality coupled with continue to imagine the unimaginable and CAL YEAR 1998, 105TH CONGRESS, 2D SESSION, AS Volvo security. Don’t get me wrong: every attain the unattainable. Together, we will be OF CLOSE OF BUSINESS SEPTEMBER 21, 1998 car on the lot meets the government stand- privileged to touch, and in so doing trans- [In billions of dollars] ard for safety. But like Cadillac and Volvo, form, the millions of individual lives we are we have set standards of our own. Budget res- Current Unlike car companies, however, we don’t dedicated to serve. On behalf of our entire Red Cross family, olution H. Current level over/ do what we do for a profit. The pins on our Con. Res. level under reso- lapels and the patches on our sleeves remind thank you for all you’ve done, and for all 84 lution us daily that we are in this business to fulfill you continue to do. And on this special day, thanks for coming to our party.∑ ON-BUDGET a national trust, to live up to our moral Budget Authority ...... 1,403.4 1,386.3 ¥17.1 commitment to do the best we can to ensure f Outlays ...... 1,372.5 1,374.4 1.9 the well-being of the American people. We Revenues: are also reaching out to the rest of the BUDGET SCOREKEEPING REPORT 1998 ...... 1,199.0 1,198.0 ¥1.0 world, sharing the lessons we have learned ∑ 1998–2002 ...... 6,477.7 6,480.6 2.9 Mr. DOMENICI. Mr. President, I Deficit ...... 173.5 176.4 2.9 from Transformation to help improve the hereby submit to the Senate the budg- Debt Subject to Limit ...... 5,593.5 5,428.4 ¥165.1 safety and reliability of the world’s blood et scorekeeping report prepared by the supply. OFF-BUDGET Of course, modernization and improvement Congressional Budget Office under Sec- Social Security Outlays: is a process that must never end. As David tion 308(b) and in aid of Section 311 of 1998 ...... 317.6 317.6 0.0 1998–2002 ...... 1,722.4 1,722.4 0.0 Kearns, the former chairman of Xerox, once the Congressional Budget Act of 1974, Social Security Revenues: said, ‘‘In the race for quality, there is no fin- as amended. This report meets the re- 1998 ...... 402.8 402.7 ¥0.1 ish line.’’ This could never be more true than quirements for Senate scorekeeping of 1998–2002 ...... 2,212.1 2,212.3 0.2 in the blood banking business. We’re deter- Section 5 of S. Con. Res. 32, the First Note:—Current level numbers are the estimated revenue and direct mined to remain not only the industry lead- Concurrent Resolution on the Budget spending effects of all legislation that Congress has enacted or sent to the er in quality and safety, but to place our- President for his approval. In addition, full-year funding estimates under for 1986. current law are included for entitlement and mandatory programs requiring selves in the forefront of new product devel- annual appropriations even if the appropriations have not been made. The opment. This report shows the effects of con- current level of debt subject to limit reflects the latest U.S. Treasury infor- At our world-class Hollard Laboratory, gressional action on the budget mation on public debt transactions. Red Cross physicians and scientists are eval- through September 21, 1998. The esti- Source: Congressional Budget Office.

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Budget authority Outlays Revenues

ENACTED IN PREVIOUS SESSIONS Revenues ...... 1,197,381 Permanents and other spending legislation ...... 912,040 868,025 ...... Appropriation legislation ...... 752,279 781,902 ...... Offsetting receipts ...... ¥283,340 ¥283,340 ...... Total previously enacted ...... 1,380,979 1,366,587 1,197,381

ENACTED SECOND SESSION 1998 Emergency Supplemental Appropriations and Rescissions (P.L. 105–174) ...... ¥2,039 310 ...... Transportation Equity Act for the 21st Century (P.L. 105–178) 1 ...... ¥923 ¥440 ...... Care for Police Survivors Act of 1998 (P.L. 105–180) ...... 1 1 ...... Agriculture Export Relief Act of 1998 (P.L. 105–194) ...... 7 7 ...... Internal Revenue Service Restructuring and Reform Act of 1998 (P.L. 105–206) 2 ...... ¥15 440 608 Homeowners’ Protection Act (P.L. 105–216) ...... 2 2 ...... Credit Union Membership Access Act (P.L. 105–219) ...... (3) Act to establish the United States Capitol Police Memorial Fund (P.L. 105–223) ...... (3) Total, enacted second session ...... ¥2,967 320 608

ENTITLEMENTS AND MANDATORIES Budget resolution baseline estimates of appropriated entitlements and other mandatory programs not yet enacted ...... 8,280 7,461 ......

TOTALS Total Current Level ...... 1,386,292 1,374,368 1,197,989 Total Budget Resolution ...... 1,403,402 1,372,512 1,199,000 Amount remaining: Under Budget Resolution ...... 17,110 ...... 1,011 Over Budget Resolution ...... 1,856 ......

ADDENDUM Emergencies ...... 5,691 3,357 ¥8 Contingent Emergencies ...... 329 53 ...... Total ...... 6,020 3,410 ¥8 Total Current Level Including Emergencies ...... 1,392,312 1,377,778 1,197,981 1 Section 8102 of this Act directed that direct spending and revenues associated with Title VIII be excluded from the PAYGO scorecard. At the request of committee staff, this scoring has also been excluded from current level. The esti- mates in 1998 are $365 million in budget authority and $165 million in outlays for student loans. 2 Title IX of this Act includes a technical correction to P.L. 105–178 that extends the PAYGO exclusion of section 8102 of that Act to also cover section 1102. At the request of committee staff, the scoring shown reflects removing from current level the effects of this section on spending for Federal-aid to highways. 3 The revenue effect of this act begins in fiscal year 1999. Notes.—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.•

AUTHORIZING TESTIMONY AND ployees of the Senate, except where a Whereas, when it appears that evidence REPRESENTATION BY SENATE privilege should be asserted, with rep- under the control or in the possession of the LEGAL COUNSEL resentation by the Senate Legal Coun- Senate may promote the administration of sel. justice, the Senate will take such action as Mr. MCCAIN. Mr. President, I ask will promote the ends of justice consistently unanimous consent that the Senate Mr. MCCAIN. I ask unanimous con- with the privileges of the Senate: Now, proceed to the immediate consider- sent that the resolution be agreed to, therefore, be it ation of S. Res. 281, submitted earlier the preamble be agreed to, the motion Resolved That Galen Fountain, Jo Nobles, by Senators LOTT and DASCHLE. to reconsider be laid upon the table, Leslie Chalmers Tagg, and any other em- The PRESIDING OFFICER. The and that any statements relating to ployee from whom testimony may be re- clerk will report. the resolution appear at the appro- quired, are authorized to testify in the case The assistant legislative clerk read priate place in the RECORD. of United States v. Alphonso Michael Espy, ex- as follows: The PRESIDING OFFICER. Without cept concerning matters for which a privi- A resolution (S. Res. 281) to authorize tes- objection, it is so ordered. lege should be asserted. timony and representation of employees of The resolution (S. Res. 281) was SEC. 2. That the Senate Legal Counsel is the Senate in United States v. Alphonso Mi- agreed to. authorized to represent Galen Fountain, Jo chael Espy. The preamble was agreed to. Nobles, Leslie Chalmers Tagg, and any other The PRESIDING OFFICER. Is there The resolution, with its preamble, employee of the Senate, in connection with objection to the immediate consider- reads as follows: testimony in United States v. Alphonso Mi- chael Espy. ation of the resolution? S. RES. 281 There being no objection, the Senate Resolved, f proceeded to consider the resolution. Whereas, in the case of United States v. Mr. LOTT. Mr. President, this resolu- Alphonso Michael Espy, Criminal Case No. 97– tion concerns a criminal prosecution 0335, pending in the United States District ORDERS FOR THURSDAY, brought against former Secretary of Court for the District of Columbia, a trial SEPTEMBER 24, 1998 Agriculture Mike Espy, alleging ac- subpoena has been served upon Galen Foun- ceptance of illegal gratuities and re- tain and Jo Nobles, employees of the Senate, Mr. MCCAIN. Mr. President, I ask lated charges. The Independent Coun- and Leslie Chalmers Tagg, formerly an em- unanimous consent that when the Sen- ployee of the Senate; ate completes its business today, it sel, who is bringing this prosecution, Whereas, pursuant to sections 703(a) and seeks testimony at trial from two stand in adjournment until 9:30 a.m. on 704(a)(2) of the Ethics in Government Act of Thursday, September 24. I further ask present and one former employee of the 1978, 2 U.S.C. §§ 288b(a) and 288c(a)(2), the Senate about communications with Senate may direct its counsel to represent that when the Senate reconvenes on meat and poultry processing industry employees of the Senate with respect to any Thursday, immediately following the representatives and Executive Branch subpoena, order, or request for testimony re- prayer, the Journal of proceedings be officials about a labeling rule promul- lating to their official responsibilities; approved, no resolutions come over gated by the Agriculture Department Whereas, by the privileges of the Senate of under the rule, the call of the calendar the United States and Rule XI of the Stand- be waived, the morning hour be deemed in 1993. The trial is scheduled to begin ing Rules of the Senate, no evidence under on October 1. to have expired, and the time for the the control or in the possession of the Senate two leaders be reserved. In keeping with the Senate’s practice may, by the judicial process, be taken from regarding similar matters, this resolu- such control or possession but by permission The PRESIDING OFFICER. Without tion would authorize testimony by em- of the Senate; objection, it is so ordered.

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10859 Mr. MCCAIN. I further ask unani- DEPARTMENT OF COMMERCE MARIELA CALDERON OROZCO, OF VIRGINIA STEPHANIE K. OSTROWSKI, OF VIRGINIA mous consent that the Senate then im- JUDY R. EBNER, OF VIRGINIA BENJAMIN RALPH OUSLEY, OF NORTH CAROLINA mediately proceed to vote on the mo- UNITED STATES INFORMATION AGENCY LAWRENCE JAMES PETRONI, OF NEW YORK PAUL EVANS POLETES, OF SOUTH DAKOTA tion to invoke cloture on the motion to MICHAEL L. MITCHELL, OF TEXAS ELIZABETH CARUSO POWER, OF MARYLAND proceed to S. 2176, the so-called Vacan- GEORGE SKARPENTZOS, OF VIRGINIA ALAN S. PURCELL, OF KENTUCKY COLLEEN ANN QUINN, OF THE DISTRICT OF COLUMBIA cies Act. FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF EFFREY KIMBALL RENEAU II, OF NEW HAMPSHIRE The PRESIDING OFFICER. Without CLASS FOUR, CONSULAR OFFICERS AND SECRETARIES IN ARLISSA MERRITT REYNOLDS, OF ARIZONA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF OHN CARTER ROBERTSON, OF TEXAS objection, it is so ordered. AMERICA: MARY KATHERINE ROBINSON, OF VIRGINIA Mr. MCCAIN. I further ask unani- DEPARTMENT OF STATE RUSSELL C. ROSEDALE, OF VIRGINIA MATTHEW P. ROTH, OF KANSAS mous consent that following the clo- ANNA MARIA F. ADAMO, OF FLORIDA VICKI RUNDQUIST, OF VIRGINIA ture vote, and if cloture is not invoked, DOUGLAS M. BELL, OF CALIFORNIA AMES L. RUSSO, OF VIRGINIA ROBERT GERALD BENTLEY, OF CALIFORNIA EFFREY ALBERT SALAIZ, OF TEXAS the Senate resume consideration of S. LISA BRODEY, OF WASHINGTON OSEPH E. SALAZAR, OF TEXAS 2279, the FAA authorization bill. I fur- ROBERT GEORGE BURGESS, OF ILLINOIS STUART L. SCHAAG, OF FLORIDA RONALD N. CAPPS, OF FLORIDA MARK HENRY SCHWENDLER, OF VIRGINIA ther ask that there then be 10 minutes ERIC SCOTT COHAN, OF VIRGINIA DANNETTE K. SEWARD, OF WYOMING equally divided for closing remarks on PATRICIA ANN EGAN COMELLA, OF MARYLAND AARON HESS SHERINIAN, OF CALIFORNIA MARK KRISTEN DRAPER, OF WASHINGTON SUSAN MARIE SHULTZ, OF FLORIDA the Inhofe amendment, and at the con- ERIC ALAN FLOHR, OF MARYLAND MARY PAULINE STICKLES, OF MARYLAND clusion of debate time the Senate pro- JUSTIN PAUL FRIEDMAN, OF VIRGINIA JENNIFER DORSEY SUBLETT, OF MISSOURI WILLIAM ROBERT GILL, JR., OF VIRGINIA MARC TEJTEL, OF VIRGINIA ceed to vote on or in relation to the DAVID ROBERT GREENBERG, OF NEW JERSEY JAMES W. TERBUSH, OF COLORADO amendment. I further ask that no sec- THERESA ANN GRENCIK, OF PENNSYLVANIA CHRISTINA LOUISE TOMLINSON, OF VIRGINIA WARREN D. HADLEY, OF MISSOURI LYNN F. TRESSLER, OF NEW YORK ond-degree amendments be in order to RICHARD S.D. HAWKINS, OF NEW HAMPSHIRE MICHAEL TURNER, OF NEW YORK the Inhofe amendment prior to the ANDREW COCHRANE HOYE, OF CALIFORNIA PAMELA R. WARD, OF OREGON KIMBERLY CHRISTINE KELLY, OF TEXAS STEPHEN SPENCER WHEELER, OF CALIFORNIA vote. GREGORY PAUL MACRIS, OF FLORIDA MARK J. WILDERMUTH, OF ARIZONA KAREN E. MARTIN, OF WASHINGTON ALEISHA WOODWARD, OF WASHINGTON The PRESIDING OFFICER. Without JOEL FOREST MAYBURY, OF CALIFORNIA SECRETARIES IN THE DIPLOMATIC SERVICE OF THE SEAN IAN MC CORMACK, OF MAINE objection, it is so ordered. UNITED STATES OF AMERICA: HEATHER D. MC CULLOUGH, OF ARKANSAS f BENJAMIN WARD MOELING, OF CONNECTICUT DEPARTMENT OF TREASURY ROBERT J. MOLINA, OF CALIFORNIA PROGRAM CHRISTOPHER MONDINI, OF CALIFORNIA ROBERT S. DOHNER, OF THE DISTRICT OF COLUMBIA ELIZABETH ANNE NOSEWORTHY, OF DELAWARE DEPARTMENT OF STATE Mr. MCCAIN. For the information of TIMOTHY MEADE RICHARDSON, OF VIRGINIA all Senators, when the Senate recon- MARK ANDREW SHAHEEN, OF MARYLAND ALLEN S. WEINER, OF THE DISTRICT OF COLUMBIA WILLIAM DAVIES SOHIER III, OF MASSACHUSETTS venes on Thursday, there will be an im- JAMES HARLAN THIEDE, OF CALIFORNIA IN THE ARMY HORACIO ANTONIO URETA, OF FLORIDA mediate vote on the motion to invoke THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN P. WHALEN, OF MASSACHUSETTS cloture on the motion to proceed to the IN THE UNITED STATES ARMY TO THE GRADE INDICATED UNITED STATES INFORMATION AGENCY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND so-called Vacancies Act. Following RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: VICKI ADAIR, OF WASHINGTON that vote, the Senate will resume con- LINDA L. ERICKSON, OF FLORIDA To be lieutenant general sideration of the FAA authorization CATHERINE BLOWERS JAZYNKA, OF FLORIDA MAJ. GEN. MICHAEL L. DODSON, 0000. bill, with 10 minutes of debate remain- ROBERT C. KERR, OF NEW YORK DELORES MINERVA MORTIMER, OF MICHIGAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ing on an Inhofe amendment regarding JULIE A. NICKLES, OF FLORIDA IN THE UNITED STATES ARMY TO THE GRADE INDICATED PATRICIA D. NORLAND, OF THE DISTRICT OF COLUMBIA WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND emergency license removal. At the con- JANE S. ROSS, OF THE DISTRICT OF COLUMBIA clusion of that time, the Senate will RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED MEMBERS OF THE FOREIGN To be lieutenant general proceed to a vote on or in relation to SERVICE OF THE DEPARTMENT OF COMMERCE AND THE the Inhofe amendment. Following that DEPARTMENT OF STATE AND THE UNITED STATES IN- MAJ. GEN. RANDALL L. RIGBY, JR., 0000. FORMATION AGENCY TO BE CONSULAR OFFICERS AND/ vote, the Senate will continue consid- OR SECRETARIES IN THE DIPLOMATIC SERVICE OF THE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT eration of the FAA bill, with amend- UNITED STATES OF AMERICA, AS INDICATED: IN THE RESERVE OF THE ARMY TO THE GRADES INDI- CONSULAR OFFICERS AND SECRETARIES IN THE DIP- CATED UNDER TITLE 10, U.S.C., SECTION 12203: ments being offered and debated LOMATIC SERVICE OF THE UNITED STATES OF AMERICA: To be major general throughout tomorrow’s session. There- ARNALDO ARBESU, JR., OF FLORIDA BRIG. GEN. JERALD N. ALBRECHT, 0000. fore, Members should expect rollcall MICHELE BACK, OF MINNESOTA BRIG. GEN. WESLEY A. BEAL, 0000. votes during the day and into the JENNIFER L. BACHUS, OF KANSAS BRIG. GEN. WILLIAM N. KIEFER, 0000. DAVID F. BANKS, OF VIRGINIA BRIG. GEN. WILLIAM B. RAINES, JR., 0000. evening on Thursday in relation to the KATHY ANN BENTLEY, OF TENNESSEE BRIG. GEN. JOHN L. SCOTT, 0000. HEIDE M. BRONKE, OF TEXAS BRIG. GEN. RICHARD O. WIGHTMAN, JR., 0000. FAA bill or any other legislative or ex- LEE RUST BROWN, OF UTAH ecutive items cleared for action. JOHN A. CARINI, OF CALIFORNIA To be brigadier general ROBET MADISON CONOLEY, OF OREGON f ROBERT E. COPLEY, OF COLORADO COL. ANTONY D. DICORLETO, 0000. CANDACE S. CREWS, OF ALASKA COL. GERALD D. GRIFFIN, 0000. ADJOURNMENT UNTIL 9:30 A.M. JESSE STARR CURTIS, OF ARIZONA COL. TIMOTHY M. HAAKE, 0000. RICHARD RANDALL CUSTIN, OF MICHIGAN COL. JOSEPH C. JOYCE, 0000. TOMORROW ALEXANDER N. DANIELS, OF ILLINOIS COL. CARLOS D. PAIR, 0000. JESSICA LEE DAVIES, OF CALIFORNIA COL. PAUL D. PATRICK, 0000. Mr. MCCAIN. If there is no further MARA ANGELA DEL PRINCIPE, OF VIRGINIA COL. GEORGE W. PETTY, JR., 0000. business to come before the Senate, I JEFFERSON KENNEDY DUBEL, OF FLORIDA COL. GEORGE W. S. READ, 0000. COL. JOHN W. WEISS, 0000. now ask unanimous consent that the ADRIENNE MARIE GALANEK, OF NEW YORK MAUREEN GLAZIER, OF CALIFORNIA IN THE NAVY Senate stand in adjournment under the JOHN MICHAEL FRANCIS GRONDELSKI, OF NEW JERSEY THOMAS J. GRUBISHA, OF PENNSYLVANIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT previous order. JENNIFER A. HARHIGH, OF PENNSYLVANIA IN THE UNITED STATES NAVY TO THE GRADE INDICATED There being no objection, the Senate, EDWARD P. HEARTNEY, OF CALIFORNIA WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AARON M. HELLMAN, OF CALIFORNIA RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: at 6:37 p.m., adjourned until Thursday, PATRICIA LYNN HOFFMAN, OF PENNSYLVANIA September 24, 1998, at 9:30 a.m. ROBIN HOLZHAUER, OF WISCONSIN To be vice admiral PAUL J. HOUGE, OF THE DISTRICT OF COLUMBIA REAR ADM. SCOTT A. FRY, 0000. f KURT J. HOYER, OF CALIFORNIA NANCY L. ISRAEL, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS FREDERICK L. JONES, II, OF CALIFORNIA IN THE UNITED STATES NAVY TO THE GRADE INDICATED KEVIN KABUMOTO, OF ILLINOIS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND Executive nominations received by LISBETH KEEFE, OF OHIO RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: the Senate September 23, 1998: ROGER KENNA, OF VERMONT PAUL J. KULLMAN, OF VIRGINIA To be vice admiral DEPARTMENT OF JUSTICE JASON N. LAWRENCE, OF CALIFORNIA VICE ADM. PATRICIA A. TRACEY, 0000. THOMAS ERIC LERSTEN, OF VIRGINIA DENISE E. O’DONNELL, OF NEW YORK, TO BE UNITED ALAIN Y. LETORT, OF THE DISTRICT OF COLUMBIA IN THE ARMY STATES ATTORNEY FOR THE WESTERN DISTRICT OF HEATHER CHRISTINE LIPPITT, OF ILLINOIS NEW YORK FOR THE TERM OF FOUR YEARS VICE PAT- THOMAS P. MC ANALLY, OF COLORADO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RICK H. NE MOYER, RESIGNED. HENRY MARTIN MC DOWELL IV, OF ALASKA TO THE GRADE INDICATED IN THE UNITED STATES ARMY AND FOR REGULAR APPOINTMENT (IDENTIFIED BY AN FOREIGN SERVICE KEVIN DAVID MC GLOTHLIN, OF FLORIDA PATRICIA A. MELVIN, OF VIRGINIA ASTERISK(*)) UNDER TITLE 10, U.S.C., SECTIONS 624 AND THE FOLLOWING NAMED PERSONS OF THE AGENCIES JOSEF E. MERRILL, OF CALIFORNIA 531: INDICATED FOR APPOINTMENT AS FOREIGN SERVICE OF- IRENEO TAN MIQUIABAS III, OF OHIO To be major FICERS OF THE CLASSES STATES, AND ALSO FOR THE VERONICA CAROLYN MOBLEY, OF VIRGINIA OTHER APPOINTMENTS INDICATED HEREWITH: ERIN STROTHER MURRAY, OF INDIANA MICHAEL C. AARON, 0000 FOR APPOINTMENT AS FOREIGN SERVICE OFFICERS OF HEIDI NEBEL, OF VIRGINIA *GILBERT ADAMS, 0000 CLASS THREE, CONSULAR OFFICERS AND SECRETARIES BRIAN NEUBERT, OF THE DISTRICT OF COLUMBIA KENNETH P. ADGIE, 0000 IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF ALAIN G. NORMAN, OF MARYLAND CLINTON E. AICHS, 0000 AMERICA: MARIA DE GUADALUPE OLSON, OF ILLINOIS LARRY P. AIKMAN, JR. 0000

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*BRIAN E. ALBERT, 0000 CHRISTOPHER J. BONHEIM, 0000 KATHLEEN T. CHANDLER, 0000 DANIEL S. ALBERT, 0000 BRETT L. BONNELL, 0000 DAVID P. CHAPMAN, 0000 SCOTT E. ALEXANDER, 0000 PAUL BONTRAGER, 0000 *DAVID W. CHASE, 0000 MANLEY R. ALFORD, 0000 *CLAUDE E. BONVOULOIR, 0000 JOSEPH M. CHATFIELD, 0000 *BROOK E. ALLEN, 0000 NANCY BOORE, 0000 *KENNETH M. CHATMAN, 0000 CHARLES H. ALLEN, 0000 *KARL D. BOPP, 0000 MARTY P. CHAVERS, 0000 GREGORY J. ALLEN, 0000 *SHERRIE L. BOSLEY, 0000 *JOHN R. CHAVEZ, 0000 *STEPHANIE D. ALLEN, 0000 *REGINALD BOSTICK, 0000 WAYNE G. CHERRY, JR., 0000 WILLIAM E. ALLEN, 0000 *JOSEPH J. BOVY, JR, 0000 EDWARD J. CHESNEY, 0000 JOAN M. ALLISON, 0000 THEODORE C. BOWLING, 0000 MATTHEW G. CHESNEY, 0000 *CATHERINE E. ALTHERR, 0000 *MICHAEL E. BOWNAS, 0000 KEMP L. CHESTER, 0000 JOHN M. ALTMAN, 0000 *JEFFREY A. BOYER, 0000 *ERIK K. CHRISTENSEN, 0000 MARICELA ALVARADO, 0000 CURTIS W. BOZEMAN, 0000 GEORGE N. CHRISTENSEN III, 0000 JOHN W. AMBERG II, 0000 BEVERLY F. BRACKEN, 0000 KAREN M. CHRISTRUP, 0000 MICHAEL W. ANASTASIA, 0000 *LAURENCE G. BRACKETT, 0000 *JORDAN S. CHROMAN, 0000 *CAROL L. ANDERSON, 0000 JAMES H. BRADLEY, JR, 0000 NICHOLAS P. CHRONIS, 0000 *DARRAN T. ANDERSON, 0000 *JOHN M. BRADSHER, 0000 JASON A. CHUNG, 0000 *DELMAR G. ANDERSON, 0000 *ALEXANDER P. BRANCH, 0000 *KIM T. CINCOTTI, 0000 DOUGLAS F. ANDERSON, 0000 MICHAEL E. BRANDT, 0000 *RONALD G. CLAIBORNE, 0000 *JAMES E. ANDERSON, 0000 ALLEN G. BRANNAN, 0000 *ALICIA A. CLARK, 0000 MATTHEW D. ANDERSON, 0000 MARK W. BRANTLEY, 0000 RONALD P. CLARK, 0000 MATTHEW R. ANDERSON, 0000 JAMES B. BRASHEAR, 0000 *WILLIAM E. CLARK, JR., 0000 MICHAEL R. ANDERSON, 0000 *LIANA L. BRATLAND, 0000 GAIL C. CLARKE, 0000 *RICHARD J. ANDERSON, 0000 *DONALD S. BRAWLEY, 0000 STEPHEN G. CLEVELAND, 0000 ROBERT J. ANDERSON, 0000 KENNETH A. BREITEN, 0000 *WILLIAM F. CLINEFELTER, 0000 STEVEN P. ANDERSON, 0000 THOMAS M. BRENNAN, 0000 DAVID R. CLONTS, 0000 *ERIC J. ANGELI, 0000 DONALD E. BRIDGERS, 0000 *THOMAS J. CLOSS, 0000 BRUCE P. ANTONIA, 0000 ERIC W. BRIGHAM, 0000 *CAESAR D. COBB, 0000 *JOSE E. ARANES, 0000 JEFFREY W. BRLECIC, 0000 *JOHN R. COBB, JR., 0000 HOWARD E. AREY IV, 0000 DARIN L. BROCKINGTON, 0000 *PHILANDER L. COCHRAN, 0000 *TAIVIA K. ARMSTRONG, 0000 PINILLA K. BROOKS, 0000 KENNETH G. COCKERHAM II, 0000 *TODD A. ARMSWORTH, 0000 TIMOTHY P. BROOKS, 0000 *ROD A. COFFEY, 0000 *ANTHONY E. ARTHUR, 0000 PAUL C. BROTZEN, 0000 CARL R. COFFMAN, JR., 0000 SAMUEL L. ASHLEY, 0000 SCOTT E. BROWER, 0000 *JOSEPH W. COFFMAN, JR., 0000 *TERRI L. ASHLEY, 0000 ANTHONY BROWN, 0000 *MICHAEL J. COLARUSSO, 0000 *DAVID W. ASTIN, 0000 ANTHONY T. BROWN, 0000 *RUSSELL E. COLE, 0000 *CHARLES L. ATKINS, 0000 *DAVID L. BROWN, 0000 *MATTHEW B. COLEMAN, 0000 DOUGLAS R. BABB, 0000 DUANE E. BROWN, 0000 *WILLIAM E. COLLIGAN, 0000 GLENN C. BACA, 0000 *JAMES C. BROWN, 0000 *JAMES L. COLLINS, 0000 ROBERT E. BACKMAN, 0000 JENIFER L. BROWN, 0000 JULIE A. COLLINS, 0000 ANDREW W. BACKUS, 0000 KERK B. BROWN, 0000 *WILLIE P. COLLINS, 0000 PETER K. BACON, 0000 *RANDALL K. BROWN, 0000 *CHRISTOPHER M. COLOMBO, 0000 *SCOTT D. BAER, 0000 SHANNON B. BROWN, 0000 KEVIN C. COLYER, 0000 DOUGLAS G. BAGDASARIAN, 0000 *TITUS BROWN, 0000 *DARREN R. COMPTON, 0000 DAVID B. BAILEY, 0000 *VERONICA BROWN, 0000 *GERALD H. COMPTON, 0000 STEVEN L. BAIRD, 0000 MICHAEL I. BROWNFIELD, 0000 JEFFREY L. CONN, 0000 GWEN E. BAKER, 0000 DENNIS W. BROZEK, 0000 *MICHAEL F. CONNELLY, 0000 JEFFERY S. BAKER, 0000 *WALTER J. BRUNING, 0000 CHARLES T. CONNETT, 0000 PRENTISS O. BAKER, 0000 ERIC B. BRUNS, 0000 PATRICK E. CONNORS II, 0000 STEVEN A. BAKER, 0000 KERRY P. BRUNSON, 0000 WILLIAM D. CONWELL, 0000 ROBERT M. BALCAVAGE, JR. 0000 *SHEILA A. BRYANT, 0000 *TODD Z. CONYERS, 0000 *JOHN S. BALDA, 0000 *MARK J. BUCKLEY, 0000 DONALD M. COOK, 0000 BRADLY S. BALDWIN, 0000 GEOFFREY P. BUHLIG, 0000 JOHN A. COOPER, 0000 CHRISTOPHER L. BALLARD, 0000 STEVEN R. BULLOCK, 0000 *PETER J. COOPER, 0000 *RICHARD R. BALLARD, 0000 MART E. BUMGARNER, 0000 THOMAS R. COOPER, 0000 *ANTWAN D. BANKS, 0000 STEVEN R. BUNCH, 0000 MICHAEL D. COPENHAVER, 0000 *THYRIS D. BANKS, 0000 *ROBERT J. BUNGARDEN, 0000 LYLE T. CORDER, 0000 *KEITH K. BANNING, 0000 WILLIAM C. BUNTING, 0000 DANIEL R. COREY, 0000 DARIO A. BARATTO, 0000 JAMES D. BURDICK, 0000 ROBERT M. CORNEJO, 0000 JAMES T. BARKER, 0000 MARK A. BURGE, 0000 JOHN R. CORNELIO, 0000 DANE A. BARKSDALE, 0000 ROBERT K. BURK, 0000 *JOHN T. CORNELIUS, JR., 0000 JAMES R. BARNES, 0000 STEPHEN A. BURK, 0000 JOEL W. CORNELL, 0000 *DANIEL R. BARNETT, 0000 *GLEN D. BURNHAM, 0000 SEAN J. CORRIGAN, 0000 *PATRICK H. BARNWELL, 0000 KATHLEEN M. BURNS, 0000 *STEVEN C. CORSELLO, 0000 JAMES E. BARREN, 0000 *MARK E. BURTNER, 0000 *MICHAEL E. CORSON, 0000 *EUGENE BARRETT, 0000 LOU L. BURTON III, 0000 ANGELA L. COTTON, 0000 MARIA B. BARRETT, 0000 *DAVID W. BURWELL, 0000 *JOSEPH F. COUGHLIN, 0000 *MARK C. BARTHOLF, 0000 TROY D. BUSBY, 0000 *JOHN M. COURTNEY, 0000 JAMES L. BARTON, JR., 0000 BICHSON BUSH, 0000 *CONSTANCE M. COVINGTON, 0000 RONALD J. BASHISTA, 0000 *CHRISTOPHER B. BUSH, 0000 *SPENCER T. COWAN, 0000 *DAVID G. BASSETT, 0000 RICHARD S. BUSKO, 0000 CARL W. COWEN, 0000 DEAN R. BATCHELDER, 0000 *ALFONZO BUTLER, 0000 CHARLES B. COX, 0000 *KIRKLIN J. BATEMAN, 0000 *DARRELL W. BUTLER, 0000 CHRISTOPHER K. COX, 0000 *RENA M. BATTS, 0000 LEO P. BUZZERIO, 0000 BROCK W. CRABTREE, 0000 TIMOTHY R. BAXTER, 0000 *HAROLD B. BYRNE, 0000 *CHRISTOPHER E. CRATE, 0000 JOHN M. BAYER, 0000 LEO F. CABALLERO, 0000 MARY C. CRAVEN, 0000 *ALFRED J. BAZZINOTTI, 0000 LYLE J. CADDELL, 0000 *DARRYL A. CRAWFORD, 0000 PATRICK M. BEARSE, 0000 STEVEN G. CADE, 0000 *PETER D. CREAN, 0000 *WILLIAM G. BEAVERS, 0000 JACQUELINE M. CAIN, 0000 GREGORY S. CREECH, 0000 JOHN D. BECK, 0000 *JOSEPH E. CALISTO, 0000 *GERARD H. CRIBB, 0000 JAY F. BECKERMAN, 0000 DAVID C. CALLAHAN, 0000 ORLANDO D. CRITZER, 0000 CHRISTOPHER H. BECKERT, 0000 PAUL T. CALVERT, 0000 *BENJAMIN D. CROCKETT, 0000 *SIGMUND B. BELISCH, JR., 0000 *DONNA R. CAMPBELL, 0000 *CHRISTOPHER D. CROFT, 0000 JOSELYN L. BELL, 0000 *JENNIFER K. CAMPBELL, 0000 *JEFFERY R. CROMWELL, 0000 *DARRIN L. BENDER, 0000 TERESA L. CAMPBELL, 0000 CHRISTOPHER G. CROSS, JR., 0000 JOHN N. BENDER, 0000 *MATTHEW M. CANFIELD, 0000 MICHAEL E. CROWELL, 0000 DAVID M. BENNETT, 0000 *DAVID M. CANNON, 0000 MARY K. CRUSAN, 0000 *CHRISTOPHER R. BENOIT, 0000 JOSEPH A. CAPOBIANCO, 0000 RICHARD A. CRUSAN, 0000 WAYNE P. BERGERON, 0000 *WILLIAM F. CARBERRY, 0000 JEFFREY L. CULLEN, 0000 CARLOS G. BERRIOS, 0000 DOUGLAS C. CARDINALE, 0000 DANIEL J. CUNNINGHAM, 0000 CARLOS J. BETANCOURT, JR., 0000 *SARAH A. CAREY, 0000 HARRY L. CUNNINGHAM, 0000 ALDO P. BIAGIOTTI, 0000 CHRISTOPHER B. CARLILE, 0000 *PHILIP D. CURETON, 0000 ROBERT L. BILLEAUD, 0000 *TORI R. CARLILE, 0000 KENNETH D. CURTIS, 0000 *MANFRED BILLENSTEIN, 0000 MICHAEL A. CARLINO, 0000 SCOTT D. CUSTER, 0000 SCOTT J. BISCIOTTI, 0000 FLOYD W. CARLSON, 0000 WILLIAM E. DAHLBERG, 0000 PAUL A. BISHOP, 0000 *JAY D. CARLSON, 0000 JOHN S. DAILEY, 0000 MARK R. BLACKBURN, 0000 DUANE T. CARNEY, 0000 *STEVEN DAKNIS, 0000 ROBERT D. BLANCHETTE, 0000 JAMES D. CARPENTER, 0000 *EUGENE A. DANIELS, 0000 JAMES A. BLANCO, 0000 BADEAH F. CARROLL, 0000 DAVID A. DANIKOWSKI, 0000 MANUEL BLANCO, 0000 *KEITH A. CARROLL, 0000 *DIANE K. DANNELLY, 0000 *MAURICE T. BLAND, 0000 *MARTIN V. CARROLL, 0000 *TIMOTHY J. DAUGHERTY, 0000 MURRAY K. BLANDING, SR., 0000 RICHARD C. CARROLL, JR., 0000 DAVID S. DAVIDSON, 0000 GREGG A. BLISS, 0000 *CHARLES A. CARTER, 0000 *FRANCIS J. DAVIDSON, 0000 BRYAN H. BLUE, 0000 *JOY W. CARTER, 0000 JOHN W. DAVIDSON III, 0000 *MICHAEL J. BOCHNA, 0000 ROCKY L. CARTER, 0000 *ROSS E. DAVIDSON, 0000 WILLIAM D. BOCK, 0000 WALTER L. CARTER, JR., 0000 *CHARLES E. DAVIS, 0000 MICHAEL A. BODEN, 0000 *CHRIS N. CARVER, 0000 DAVID M. DAVIS, 0000 *RUSSELL E. BODINE, 0000 *WILLIAM S. CASEY, 0000 *ERIC A. DAVIS, 0000 WILLIAM E. BOHMAN, 0000 TANYA I. CASEYREINHARDT, 0000 *JAMES B. DAVIS, 0000 WILLIAM L. BOICE, 0000 MICHAEL J. CASHNER, 0000 KATHERINE S. DAVIS, 0000 *BRENT T. BOLANDER, 0000 KENT P. CASSELLA, 0000 LANCE E. DAVIS, 0000 DONALD C. BOLDUC, 0000 *PETER A. CATANESE, 0000 LAURA K. DAWSON, 0000 *SCOTT D. BOLSTAD, 0000 *BRIAN M. CAVANAUGH, 0000 STEVEN G. DEAN, 0000 RICHARD K. BOND, 0000 *RUSSELL D. CAVIN, 0000 *ANNIE K. DEAR, 0000 *JACK W. BONE, 0000 *PAUL A. CHAMBERLAIN, 0000 PAUL L. DECECCO, 0000 JAMES E. BONER, 0000 ZANE D. CHAMBERS, 0000 KENNETH I. DECKER, 0000 JOSEPH M. BONGIOVANNI, 0000 ESTHER E. CHAMBLISS, 0000 PATRICK C. DEDHAM, 0000

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EDWIN J. DEEDRICK, JR., 0000 CHARLES A. FISH, 0000 *MARSHALL A. GUTIERREZ, 0000 *ROBERT J. DEHAAN, 0000 *MICHAEL P. FISHER, 0000 MAX F. GUTIERREZ, JR., 0000 JOHN C. DEJARNETTE III, 0000 WILLIAM O. FISHER, 0000 *ANTHONY E. HAAGER, 0000 ROSSO D. DEL, 0000 DAVID P. FITCHITT, 0000 *BARRY V. HADLEY, 0000 DOUGLAS J. DELANCEY, 0000 VICTORIA V. FLACK, 0000 *VICTOR S. HAGAN, 0000 DANIEL V. DELEON, 0000 THOMAS P. FLANDERS, 0000 *JEFFREY E. HAGER, 0000 SEAN T. DELLER, 0000 *DWAINE FLANNAGAN, 0000 RODNEY T. HAGGINS, 0000 *EUGENE DELOACH, SR., 0000 EDWARD R. FLEMING, 0000 ERIC D. HAIDER, 0000 *JUAN A. DELOSSANTOS, 0000 *JEFFREY FLETCHER, 0000 *CHRISTOPHER S. HAIGH, 0000 *WILLIAM L. DEMALADE, 0000 VIRGIL H. FLINK, 0000 *MECHELLE B. HALE, 0000 JAMES R. DEMOSS, 0000 *JEFFREY L. FLINT, 0000 ELIZABETH N. HALFORD, 0000 SHEILA C. DENHAM, 0000 RODNEY D. FOGG, 0000 CHRISTOPHER G. HALL, 0000 *MICHAEL P. DERADDO, 0000 WADE A. FOOTE, 0000 CHRISTOPHER H. HALL, 0000 EDWARD V. DESHIELDS, JR., 0000 CHRISTOPHER S. FORBES, 0000 *JAMES H. HALL, 0000 *JAMES M. DESJARDIN, 0000 RONNIE E. FORD, 0000 *JIMMY L. HALL, JR., 0000 DAVID W. DETATA, 0000 *JOSEPH F. FORLENZA, 0000 *DANIEL J. HALSE, 0000 THOMAS E. DETRICK, 0000 EDWARD M. FORTUNATO, 0000 *CHARLES R. HAMILTON, 0000 KEITH A. DETWILER, 0000 *MATTHEW J. FOSTER, 0000 DAVID M. HAMILTON, 0000 MARGARET S. DEVEREUX, 0000 DENNIS A. FOX, 0000 ROBERT E. HAMILTON, 0000 EUGENE J. DEVINE III, 0000 THEODORE J. FOX, 0000 MICHAEL W. HAMM, 0000 MISOU T. DEWEESE, 0000 *MICHAEL L. FRANCK, 0000 *HANAWA K. HAMPTON, 0000 *DAVID J. DEWELL, 0000 GEORGE H. FRANCO, 0000 *PATRICK R. HAMPTON, 0000 *JAMES C. DIAZ, 0000 PATRICK D. FRANK, 0000 MARK W. HANNAH, 0000 RICARDO F. DIAZJIMENEZ, 0000 *BRENTON K. FRASER, 0000 ROBERT J. HANNAH, 0000 *THOMAS J. DICANDIDO, 0000 STEVAN J. FRENCH, 0000 EDGAR M. HANNAMAN, 0000 KEVIN E. DICE, 0000 *HARRY M. FRIBERG, 0000 JOHN P. HANNON, 0000 *HARBAUGH D. DICICCIO, 0000 ROBERT E. FRIEDENBERG, 0000 JOHN A. HANSON, 0000 *CHARLES A. DICKENS, 0000 KENNETH H. FRITZSCHE, 0000 CARY C. HARBAUGH, 0000 *KAILON G. DICKENS, 0000 JEFFREY D. FROM, 0000 KEVIN N. HARBISON, 0000 SERGIO M. DICKERSON, 0000 *GARLAND M. FROST, 0000 ROBERT E. HARBISON, 0000 WILLIAM C. DICKEY, 0000 JACK J. FRUITMAN, 0000 *ROBERT J. HARDBARGER, 0000 CRAIG M. DICKINSON, 0000 *ALTON D. FRY, 0000 *DAVID W. HARGRAVE, 0000 *ARTHUR E. DIETZ, 0000 WALTER D. FRYE, 0000 ANGELIA F. HARGROVE, 0000 *JAMES E. DIGGS, 0000 *CRISLER A. FUCCI, 0000 *KENNY D. HARPER, 0000 RICK A. DIGGS, 0000 *MATTHEW T. FUHRER, 0000 *ROBERT D. HARPER, 0000 *JOHN D. DILL, 0000 STEVEN R. FUSINETTI, 0000 *THOMAS A. HARRAGHY, 0000 *JAMES M. DILLARD, 0000 *JOSE A. GABILONDO, JR, 0000 BENJAMIN M. HARRIS, 0000 *GEORGE E. DILLON, JR., 0000 *JAMES F. GADD, 0000 HUGHIE B. HARRIS, 0000 *HEINZ P. DINTER, JR., 0000 GREGORY D. GADSON, 0000 *KEVIN J. HARRIS, 0000 GERALD R. DIOTTE, JR., 0000 *ROY Y. GAGAZA, 0000 *KEVIN L. HARRIS, 0000 DOUGLAS A. DISINGER, 0000 *JUSTIN C. GAGE, 0000 *MAE F. HARRIS, 0000 *GARY W. DITTERLINE, 0000 JAMES J. GALLAGHER, JR., 0000 WELDON B. HARRIS, 0000 DAVID J. DLUZYN, 0000 JAMES C. GALLUP, 0000 WILLIAM T. HARRIS III, 0000 RONALD C. DODGE, JR., 0000 ANTONIO GARCIA, 0000 *ROBERT L. HARRISON, 0000 *ALFRED C. DODSON, 0000 VICTORIANO GARCIA, JR., 0000 STEVEN D. HART, 0000 JAMES E. DODSON, 0000 ERIC L. GARDNER, 0000 ROBERT D. HARTER, 0000 DANIEL R. DOLWICK, 0000 *JEFFERY. GARLAND, 0000 CHARLES W. HARTFORD, 0000 PATRICK J. DONAHOE, 0000 WILLIAM A. GARLAND, 0000 JOHN P. HARTKE, 0000 STEVEN L. DONALDSON, 0000 TODD GARLICK, 0000 *JEFFRY W. HARTMAN, 0000 JAMES J. DONLON, 0000 *PETER S. GARNER, 0000 *THURINTON W. HARVELL, 0000 *JAMES A. DONNELLY, 0000 GEORGE T. GARRELL, 0000 *KEITH D. HARVEY, 0000 MICHAEL O. DONNELLY, 0000 JAMES E. GARRISON, 0000 GREGORY M. HAUG, 0000 *MICHAEL P. DONOVAN, 0000 BRIAN K. GATES, 0000 *ALFRED L. HAWKINS, JR., 0000 THOMAS T. DORAME, 0000 BRADLEY D. GAVLE, 0000 MICHAEL T. HAWN, 0000 KEVIN J. DOSKI, 0000 HEIDI L. GEBHARDT, 0000 JOHN T. HAYNES III, 0000 JOEL C. DOTTERER, 0000 GREGORY A. GEHLER, 0000 LOUIS J. HAYNES, 0000 GRANT R. DOTY, 0000 JOHN A. GEORGE, 0000 *SCOTT K. HAYS, 0000 *FRANK S. DOUGHERTY, 0000 BRADLEY T. GERICKE, 0000 MARK E. HAYTHORN, 0000 *CALVIN D. DOWNEY, 0000 TODD M. GESLING, 0000 CHARLES E. HAYWOOD, JR., 0000 *ROYAL J. DOWNS, 0000 MICHAEL A. GETCHELL, 0000 MICHAEL L. HEDEGAARD, 0000 THOMAS M. DOWNS, 0000 *WILLIAM M. GIAMMARESE, 0000 BRIAN K. HEDRICK, 0000 PATRICK O. DOYLE, 0000 RICHARD T. GIBBONS, 0000 *MARVIN A. HEDSTROM, JR., 0000 KEVIN P. DRAGNETT, 0000 *KENT K. GIBSON, 0000 CLARK H. HEIDELBAUGH, 0000 *REGINA K. DRAPER, 0000 RICHARD D. GILLEM, JR., 0000 *SANDRA L. HEISER, 0000 BRADLEY K. DREYER, 0000 MICHAEL J. GILLETTE, 0000 *TRACY C. HELBERG, 0000 *SHAWN T. DRISCOLL, 0000 *DONALD P. GILLILAND, 0000 *MICHAEL A. HELM, 0000 FREDERIC A. DRUMMOND, JR, 0000 CATHERINE E. GILLUND, 0000 DARIEN P. HELMLINGER, 0000 THEODORE D. DUGONE, 0000 LEE P. GIZZI, 0000 MICHAEL G. HENLEY, 0000 *ROBERT E. DUKE, 0000 KIMBERLY S. GLASSFORD, 0000 *PAUL A. HENLEY, 0000 BRIAN P. DUNN, 0000 SIMON R. GOERGER, 0000 JOSEPH G. HENRY, 0000 *MARGARET L. DUNN, 0000 JOHN C. GOETZ II, 0000 MICHAEL W. HENRY, 0000 *MICHAEL R. DUNNING, 0000 *MAX R. GOINS, 0000 CHARLES T. HENSLEY, 0000 JAMES F. DUSENBERRY III, 0000 DANIEL P. GOLDTHORPE, 0000 JEFFREY HENSLEY, 0000 *MICHAEL J. DVORACEK, 0000 JESUS F. GOMEZ, 0000 DOYLE M. HERNDON, 0000 MICHAEL K. DYE, 0000 FRANK J. GONZALES, 0000 NEIL S. HERSEY, 0000 MICHAEL O. EAST, 0000 *IVAN R. GONZALEZ, 0000 CHRISTA M. HERTINGDESROSIERS, 0000 DUANE P. EASTER, 0000 *DANIEL W. GOODALE, 0000 ALAN W. HESTER, 0000 FRED R. EASTWOOD III, 0000 HERMAN GOODEN, JR., 0000 *PAUL D. HEYING, 0000 *DAVID A. EAVES, 0000 *STEVEN H. GOODROAD, 0000 *LONNIE G. HIBBARD, 0000 DARWIN D. EBELING, 0000 *ADRIAN E. GOOLSBY, 0000 WILLIAM D. HIBNER, 0000 GREGORY R. EBNER, 0000 GERALD M. GORDNER II, 0000 *MICHAEL G. HICKS, 0000 *JEFFREY A. ECK, 0000 *DEXTER A. GORDON, 0000 TIMOTHY HIEBERT, 0000 *BRIAN H. EDHOLM, 0000 *JOHN K. GORDON, 0000 RALPH G. HIGGINS III, 0000 VANCE A. EDWARDS, 0000 *FREDERICK C. GOTTSCHALK, 0000 CARL B. HIGGS, 0000 LOREN G. EGGEN, 0000 *ROBERT E. GOWAN, 0000 *KEVIN J. HILLMAN, 0000 BRENDA K. EISEMAN, 0000 DONALD E. GRAHAM, 0000 DAVID K. HINKES, 0000 MARK A. ELLIOTT, 0000 JACKSON C. GRAHAM III, 0000 STEVEN N. HINMAN, 0000 *RICHARD F. ELLIS, 0000 *RAMONA T. GRAHAM, 0000 MIGUEL B. HOBBS, 0000 KIMBERLY A. ENDERLE, 0000 *WILLIAM H. GRAHAM, JR, 0000 HORACE C. HODGES, 0000 WILLIAM T. ENGLISH, 0000 ANDREW L. GRANTHAM, 0000 * KELLY J. HOEPFNER, 0000 THEODORE M. EPPLE, 0000 *BRADLEY W. GRAUL, 0000 NATHAN J. HOEPNER, 0000 SVEN C. ERICHSEN, 0000 GREGORY H. GRAVES, 0000 CURTIS W. HOFFMAN, 0000 FREDERICK J. ERST, 0000 CARL G. GREBE, 0000 * JOSEPH B. HOFFMAN, 0000 RICK A. ERWAY, 0000 *SHARON D. GREEN, 0000 ARTHUR J. HOFFMANN, JR., 0000 JOHN M. ERWIN, 0000 *CRAIG M. GREENE, 0000 * WALLACE C. HOGAN, JR., 0000 JOSE A. ESPINOSA, 0000 *ERNEST M. GREENE, JR, 0000 * TIMOTHY W. HOLLIFIELD, 0000 *ALLEN S. ESTES, 0000 *IAN N. GREENE, 0000 * TIMOTHY C. HOLLOWAY, 0000 *ANTHONY O. EVANS, 0000 SANDRA M. GREENE, 0000 VERNON D. HOLMES, 0000 JOHN R. EVANS, JR., 0000 JOHN H. GREENMYER III, 0000 * RUSSELL A. HOLSCHER, 0000 CARL S. EY, 0000 *JEFFREY H. GREESON, 0000 MATTHEW J. HOLT, 0000 SCOTT D. FABIAN, 0000 JAMES D. GREGORY, 0000 CRAIG A. HOLTON, 0000 ROBERT P. FABRIZZIO II, 0000 *KEVIN H. GRIFFIN, 0000 * DERRICK W. HOOD, 0000 SAMUEL P. FAGONE, JR., 0000 TRAVIS S. GRIGG, 0000 ROBERT S. HOOKNESS, JR., 0000 *PHILLIP J. FAIETA, 0000 *WARREN C. GRIGGS, 0000 * DANIEL A. HOPE, 0000 DONALD G. FALLIN, 0000 *FRANCIS D. GRIMM, 0000 JOSEPH A. HOPKINS III, 0000 ROBERT L. FANELLI, JR., 0000 HEIDI L. GRIMM, 0000 MICHAEL S. HOPKINS, 0000 ANTHONY P. FARRIS, 0000 MARIE C. GRIMMER, 0000 * YVETTE C. HOPKINS, 0000 *ROBERT G. FAUSTI, 0000 CHRISTIAN B. GRINSELL, 0000 JASON R. HORNE, 0000 *SHAWN P. FEIGENBAUM, 0000 JOHN F. GRITTMAN, 0000 * ROBERT C. HORNECK, 0000 DUSAN L. FENNER, 0000 PAUL D. GRONBECK, 0000 JODI L. HORTON, 0000 MICHAEL R. FENZEL, 0000 DAVID L. GROSSO, 0000 * KEITH A. HOTTINGER, 0000 CHARLES P. FERRY, 0000 *LEON M. GRUBE, 0000 * CHARLES P. HOWARD, 0000 WILLIAM E. FIELD, 0000 STUART J. GUBLER, 0000 ERIC J. HOWARD, 0000 EDWARD G. FILLER, 0000 RICHARD K. GUFFEY, 0000 MARK V. HOYT, 0000 *ROBERT F. FINN, JR., 0000 DANIEL J. GUILFORD, 0000 MARK G. HRECZUCK, 0000 JAMES C. FISCHER, 0000 WILLIAM W. GUM, 0000 * PENELOPE A. HUBER, 0000 STEVEN T. FISCHER, 0000 *TODD W. GUSTAFSON, 0000 * KEVIN L. HUDIE, 0000

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00123 Fmt 4624 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S10862 CONGRESSIONAL RECORD — SENATE September 23, 1998

MITCHEL L. HUDSON, 0000 * JOACHIM W. KNISPEL, 0000 PHILIP A. MARTINSON, 0000 MICHAEL A. HUFF, 0000 * GREGORY J. KNOWLES, 0000 MICHELLE M. MASCO, 0000 BARRY F. HUGGINS, 0000 DEAN R. KNOX, 0000 *EDWARD E. MASON, 0000 JOSEPH F. HUIBSCH, 0000 JAY E. KNOX, 0000 *GREGORY A. MASON, 0000 JEFFREY L. HUISINGH, 0000 * KURT J. KO, 0000 TWALA D. MATHIS, 0000 * STEVEN A. HUMAN, 0000 * NAM Y. KO, 0000 *THOMAS S. MATSEL, 0000 * ARLIS D. HUMMEL, 0000 GERALD C. KOBYLSKI, 0000 *BRENT R. MATTHEWS, 0000 * MICHAEL L. HUMMEL, 0000 RANDALL L. KOEHLMOOS, 0000 MICHAEL R. MATTHEWS, 0000 * RICKY N. HUMPHREYS, 0000 * GREGORY W. KOLLER, 0000 PATRICK L. MATTHEWS, 0000 * DARRELL H. HUNT, 0000 JOHN J. KOPP, 0000 LEONARD H. MATZ, JR., 0000 HOWARD M. HUNT, 0000 CRAIG A. KORCZ, 0000 WILLIAM J. MAXCY, 0000 KENNETH A. HUNT, 0000 * DALE A. KORNUTA, 0000 *JANICE Y. MAXWELL, 0000 WILLIAM M. HUNTHROP, 0000 * KAZIMIERZ Z. KOTLOW, 0000 JEFFREY A. MAY, 0000 * ROBERT F. HUNTLY, 0000 * ANDREW J. KOZAR, 0000 ROGER K. MAYER, 0000 CHRISTOPHER R. HUPP, 0000 DAVID M. KRALL, 0000 CARSON H. MAYO, 0000 JOHN S. HURLEY, 0000 RANDALL P. KRAMER, 0000 *GREGG A. MAYS, 0000 PAUL J. HURLEY, JR., 0000 KARL M. KRAUS, 0000 *OSCAR C. MAYS, 0000 * JOHN L. HUTTO, JR., 0000 DAVID R. LACASSE, 0000 EDWARD M. MAZZA, 0000 * BASHEER ILYAS, 0000 JOHN E. LACKSEN, 0000 *GREGORY S. MC AFEE, 0000 LEO M. IMPAVIDO, JR., 0000 * JEFFREY L. LAFACE, 0000 ROBERT J. MC ALEER, 0000 * CHARLES W. INNOCENTI, 0000 WILLIAM R. LAGRONE, 0000 PAUL D. MC ALLISTER, 0000 STEVEN P. IOOSS, 0000 * STEVEN R. LAHR, 0000 *TIMOTHY J. MC ATEER, 0000 * ROBERT L. IRICK, 0000 * DANIEL F. LARKE, 0000 *DOUGLAS M. MC BRIDE, 0000 CRAIG R. IRLAND, 0000 COLEMAN R. LARLEE, JR., 0000 *MICHAEL R. MC CAFFERY, 0000 * ANDREW W. IRWIN, 0000 DANIEL S. LARSEN, 0000 *OWEN P. MC CAULEY, 0000 * DAVID T. ISAACSON, 0000 DARREL G. LARSON, 0000 CHARLES M. MC CLUNG, 0000 * KATHLEEN M. ISAACSON, 0000 * KEITH A. LARSON, 0000 *JEFFREY H. MC CLURE, 0000 * THOMAS H. ISOM, 0000 LOUIS J. LARTIGUE, JR., 0000 *CHRISTOPHER M. MC CORKENDALE, 0000 * MICHELE T. IVERSEN, 0000 FRANCIS J. LARVIE, 0000 DENNIS J. MC CORMACK, 0000 * LYNN S. JACKSON, 0000 * CHARLES D. LASSITTER, 0000 *EDWARD J. MC CRARY, 0000 * GEOFFREY M. JAEGER, 0000 PAMMELLA J. LASZLO, 0000 *ROGER L. MC CREERY, 0000 * FRANK JAMES, JR., 0000 * RODNEY F. LASZLO, 0000 STEPHEN K. MC CULLAR, 0000 STEVEN P. JAMES, 0000 * JAMES C. LAUGHREY, 0000 *SHAWN G. MC CURRY, 0000 THOMAS L. JAMES, 0000 BRUCE B. LAVELL, 0000 *BERRIEN T. MC CUTCHEN, JR., 0000 * JOHN T. JANISZEWSKI, 0000 MATTHEW M. LAVER, 0000 *ERIC S. MC DANIELS, 0000 BROOKE H. JANNEY, 0000 *KELLY J. LAWLER, 0000 SCOTT L. MC DEED, 0000 GREGORY J. JANOSIK, 0000 *BRIAN A. LAWLESS, 0000 *MARK E. MC DERMOTT, 0000 * JAYNE V. JANSEN, 0000 *RANDY H. LAWRENCE, 0000 GEORGE R. MC DONALD, 0000 LINDA C. JANTZEN, 0000 *TIMOTHY S. LAWRENCE, 0000 KEVIN L. MC DONALD, 0000 PHILLIP D. JANZEN, 0000 *GLENN S. LAWSON, 0000 *PHILLIP N. MC DONALD, JR., 0000 JAMES B. JARRARD, 0000 CHARLES H. LEACH II, 0000 *REGAN P. MC DONALD, 0000 * JOSEPH F. JARRARD, 0000 *MARTIN F. LEAMY, 0000 *WILLIAM R. MC DONOUGH, 0000 MARK E. JEFFRIS, 0000 *CHUN H. LEARN, 0000 *ROBERT A. MC DOUGLE, 0000 JOEL J. JEFFSON, 0000 *JAMES O. LECHNER, 0000 DARRYL D. MC DOWELL, 0000 ANDREW W. JENKINS, 0000 *MARK A. LEE, 0000 DANIEL J. MC FARLAND, 0000 * DAVID E. JENKINS, 0000 PETER A. LEE, 0000 WILLIAM D. MC GARRITY, 0000 * LOGAN JENKINS, JR., 0000 ROBERT E. LEE, JR., 0000 *ROBERT L. MC GHEE, 0000 * JEFFREY E. JENNINGS, 0000 SHANE E. LEE, 0000 *LEO R. MC GONAGLE, 0000 HEIDI E. JENSEN, 0000 WILLIAM E. LEE, 0000 *SEAN C. MC GOVERN, 0000 DAVID O. JERNIGAN, 0000 *LYNNE P. LEGLOAHEC, 0000 *GARRET L. MC GOWAN, 0000 RENE JEWETT, 0000 CHRISTOPHER J. LEHNER, 0000 JEFFREY S. MC GOWAN, 0000 * DAVID A. JOHN, 0000 MARTY M. LENERS, 0000 OTIS W. MC GREGOR III, 0000 * EVERETT C. JOHNSON, 0000 *KENNETH A. LENIG, 0000 *RANDALL A. MC INTIRE, 0000 * HARVEY W. JOHNSON, 0000 *ANTHONY E. LEONARD, 0000 MATTHEW F. MC KENNA, 0000 JONATHAN A. JOHNSON, 0000 *LUKE T. LEONARD, 0000 *PAUL G. MC KENNA, 0000 * KATHLEEN B. JOHNSON, 0000 STEVEN M. LEONARD, 0000 ROBERT J. MC KENNA, 0000 LEWIS A. JOHNSON, JR., 0000 ROBERT S. LEVIS IV, 0000 *TAMMY S. MC KENNA, 0000 * MITCHELL R. JOHNSON, 0000 ANDREW R. LEVY, 0000 DAVON L. MC KEONE, 0000 * SCOTT C. JOHNSON, 0000 DAVID F. LEWIS, 0000 CHRISTOPHER H. MC MANUS, 0000 CLIFTON R. JOHNSTON, 0000 JOHN W. LEWIS, 0000 WILLIAM D. MC MICKLE, 0000 * BARRY L. JONES, 0000 *MARK E. LEWIS, 0000 BRIAN S. MC NAUGHTON, 0000 JOSHUA T. JONES, JR., 0000 *MATTHEW C. LEWIS, 0000 DENNIS J. MC NULTY, 0000 LUIS D. JONES, 0000 *MICHAEL L. LEWIS, 0000 *MARY A. MC PEAK, 0000 * THOMAS E. JONES, 0000 SEAN P. LEWIS, 0000 *STUART J. MC RAE, 0000 MICHAEL E. KAFFKA, 0000 *TERRY L. LEWIS, 0000 ROBERT J. MC TASNEY, 0000 * ERIC G. KAIL, 0000 *JOHN F. LIGHTNER, 0000 ROBERT G. MC VAY, 0000 RUSSELL B. KAISER, 0000 HOWARD Y. LIM, 0000 *ROBERT M. MEGINNIS, 0000 JOHN C. KALAINOV, 0000 JOHN J. LINDSAY, 0000 *MICHAEL W. MEGOWN, 0000 DONNA M. KAMINSKY, 0000 THORSTEN A. LITTAU, 0000 *THOMAS A. MEIER, 0000 PEGGY M. KAMMEN, 0000 *RAYMOND J. LITZINGER, 0000 STEVEN P. MEIHAUS, 0000 MICHAEL C. KASALES, 0000 *DAVID L. LLOYD, 0000 *DONALD E. MEISLER, 0000 SHELDON S. KAUFFMAN, 0000 *JAMES M. LOFFERT, 0000 *MANUEL R. MELENDEZ, 0000 * MARK J. KAZMIERCZAK, 0000 VINCENT J. LOMBARDI, 0000 MONICA MENDEZ, 0000 JAMES K. KEENER, 0000 CHRISTOPHER D. LONG, 0000 *MANUEL C. MENO, JR., 0000 JOHN M. KEETER, 0000 *JOSEPH W. LONTOS, JR., 0000 RODNEY A. MENTZER, 0000 * KENNETH R. KEIM, 0000 *FAVIO L. LOPEZ, 0000 MICHAEL L. MEREDITH, 0000 MARK S. KEITH, 0000 JOSEPH L. LOPEZ, 0000 *ROBERT C. MERKEL, JR., 0000 MICHAEL J. KEITH, 0000 *MICHAEL C. LOPEZ, 0000 JAMES L. MERLO, 0000 * JULIE A. KELLER, 0000 GREGORY D. LOUDEN, 0000 PETER P. MERRILL III, 0000 WINFIELD R. KELLER, 0000 DAVID M. LOVEJOY, 0000 KENNETH S. MERWIN, 0000 * DAVID M. KELLY, 0000 *ROSS W. LOVELACE, 0000 MEL M. METTS, 0000 JOHN A. KELLY, 0000 *ADAM A. LOVELESS, 0000 *LEANNE L. MEYER, 0000 * KYLE W. KELLY, 0000 COLIN E. LOWE, 0000 STEPHEN L. MICHAEL, 0000 ERIC C. KELTZ, 0000 ROBERT E. LOWE, 0000 WALTER T. MICHEL, 0000 * SCOTT T. KENDRICK, 0000 JEANNE E. LUCEY, 0000 BRIAN M. MICHELSON, 0000 DAVID R. KENNEDY, 0000 *BRYAN K. LUKE, 0000 BILLY L. MILLER, 0000 * JAMES L. KENNEDY, JR., 0000 KEITH E. LYNCH, 0000 CHRISTOPHER C. MILLER, 0000 * KRIS L. KENNER, 0000 *RONALD J. LYSINGER, 0000 DANIEL C. MILLER, 0000 CHRISTOPHER M. KENNEY, 0000 DANA L. MABEE, 0000 KENNETH J. MILLER, 0000 PAT L. KERBUSKI, JR., 0000 CRYSTAL M. MACK, 0000 KENNETH R. MILLER, 0000 EDWARD M. KETCHUM, 0000 *ROBERT R. MACKEY, 0000 *MICHAEL C. MILLER, 0000 * KERRILYNN A. KETCHUM, 0000 JAMES R. MACKLIN, JR., 0000 MICHAEL G. MILLER, 0000 ROBERT H. KEWLEY, JR., 0000 LIONEL W. MAGEE, JR., 0000 SCOTT A. MILLER, 0000 JOHN M. KILGALLON, 0000 ANNE M. MAHANA, 0000 *TIM Y. MILLER, 0000 DONNA M. KILLIAN, 0000 GREGORY S. MAHONEY, 0000 RANDALL E. MILLERS, 0000 * DAVID S. KIM, 0000 BRIAN K. MAIJALA, 0000 DOUGLAS W. MILLS, 0000 * RICHARD C. KIM, 0000 *MARCUS D. MAJURE, 0000 MICHAEL L. MILLS, 0000 * BENJAMIN L. KINARD, 0000 BRIAN MAKA, 0000 DOUGLAS D. MINER, 0000 * GWENDOLYN L. KING, 0000 CAMILLE R. MAKURAT, 0000 ROCCO M. MINICUCCI, 0000 JEFFREY S. KING, 0000 *MARK A. MALCOM, 0000 *JOSEPH S. MINUS, 0000 JOSEPH B. KING, 0000 *GEOFFREY S. MANGELSDORF, 0000 RONALD E. MISAK, 0000 ROBERT L. KING, 0000 *JERRY K. MANLEY, 0000 MARK A. MISKOVIC, 0000 RODNEY L. KING, 0000 JOHN E. MARAIA, 0000 MICHAEL S. MITCHINER, 0000 SCOTT D. KING, 0000 STEPHEN J. MARANIAN, 0000 JAMES A. MOFFATT, 0000 STEVEN M. KING, 0000 *PAUL V. MARNON, 0000 ERIC V. MOHNEY, 0000 ROBERT O. KIRKLAND, 0000 *JOHN J. MARR, 0000 CHERYL L. MOMAN, 0000 * ANDREW D. KIRKNER, 0000 *CHRISTOPHER G. MARSHALL, 0000 *MICHAEL J. MONIS, 0000 * ROBERT D. KISER, 0000 CLAY M. MARSHALL, 0000 *PETER J. MOONS, 0000 * JEFFRY A. KLEIN, 0000 *ROBERT W. MARSHALL, 0000 *ALVIN K. MOORE, 0000 ERIK A. KLEINSMITH, 0000 TREVOR R. MARSHALL, 0000 DAVID W. MOORE, 0000 CHARLES H. KLINGE, JR., 0000 *DONNA W. MARTIN, 0000 ERNEST MOORE, JR., 0000 LAUREL R. KLINGE, 0000 LARRY E. MARTIN, JR., 0000 JOHN P. MOORE, 0000 * ROBERT E. KLINGSEISEN, 0000 MICHELLE L. MARTIN, 0000 *LESTER C. MOORE, 0000 * DARRIN S. KNELLER, 0000 *TONY M. MARTIN, 0000 DREW MOORES, 0000 MARK S. KNERAM, 0000 JOSEPH T. MARTINI, JR., 0000 JOHN S. MOORHEAD, 0000 * JEFFREY T. KNIGHT, 0000 CHARLES D. MARTINO, 0000 *CARLOS MORALES, 0000 STEVEN D. KNIGHT, 0000 *CHRISTINE U. MARTINSON, 0000 *KENNETH G. MORENO, 0000

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00124 Fmt 4624 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — SENATE S10863

TAMARA L. MORRIS, 0000 BRYAN G. PETERSON, 0000 *EDWARD T. RODEN, 0000 WILLIAM L. MOSELEY, 0000 BRYAN T. PETERSON, 0000 DARRIN H. RODESCHIN, 0000 MATTHEW E. MOYER, 0000 *IHOR PETRENKO, 0000 MILTON O. RODRIGUEZ, 0000 GERALD M. MUHL, JR., 0000 TAMMIE J. PETTIT, 0000 BRIAN M. ROGERS, 0000 JEFFREY P. MUHLENKAMP, 0000 HOWARD K. PHELAN, 0000 *ELIZABETH B. ROGERS, 0000 RONALD A. MULKEY, 0000 JAMES C. PHELPS III, 0000 *STUART K. ROGERS, 0000 *HUGH J. MULLALY, 0000 PAUL M. PHILLIPS, 0000 THOMAS J. ROGERS, 0000 *JAMES H. MULLEN, 0000 *ROBIN N. PHILLIPS, 0000 STEVEN L. ROHLENA, 0000 *MICHAEL D. MUMFORD, 0000 *HOWARD J. PICKETT, 0000 FREDRIC W. ROHM, JR., 0000 *ADAM J. MUNN, 0000 *JOHN R. PILLONI, 0000 *JAMES D. ROLAND, 0000 *WADE L. MURDOCK, 0000 GENE M. PISKATOR, 0000 *JOHN G. ROMERO, 0000 JEFFREY J. MURPHY, 0000 RAMONA D. PLEMMONS, 0000 PETER L. ROOKS, 0000 *MARVIN E. MURPHY, 0000 RICHARD P. PLETTE, 0000 JOHN C. ROONEY, 0000 TERRYNE F. MURPHY, 0000 WESLEY B. PLYBON, 0000 RICHARD D. ROOT, 0000 *THERESA G. MURPHY, 0000 JOHN F. POLLACK, 0000 *CHRISTOPHER J. ROSCOE, 0000 WAYNE MURPHY, 0000 MARK J. PONTIUS, 0000 ANDREW L. ROSE, 0000 ROBERT W. MYLES, JR., 0000 *ROBERT M. POOLE, 0000 JAMES K. ROSE, 0000 JOHN A. NAGL, 0000 RENE B. PORRAS, 0000 *JOHN E. ROSEBOROUGH, 0000 MICHAEL N. NAHAS, 0000 JAMES A. PORTER II, 0000 JOSE ROSS, 0000 ALFREDO NAJERA, 0000 *BETH A. PORTERFIELD, 0000 LUZ ROSS, 0000 WILLIAM W. NASE, 0000 LAURA A. POTTER, 0000 *KAREN R. ROSSER, 0000 *JOHN P. NATHE, 0000 JOHN A. POTTS, 0000 *DEREK R. ROUNTREE, 0000 MICHAEL P. NAUGHTON, 0000 *COLICE D. POWELL, 0000 CURTIS J. ROYER, 0000 KIMBEL D. NEAL, 0000 RANDY E. POWELL, 0000 STACY L. RUBLE, 0000 MICHAEL P. NEAVERTH, 0000 EDWARD T. POWERS, 0000 ALVIN RUIZ, 0000 JONATHAN J. NEGIN, 0000 *TIMOTHY A. POWERS, 0000 MICHEL M. RUSSELL, SR., 0000 *JULIA A. NELIUS, 0000 *PAUL J. POWIS, 0000 *RHETT C. RUSSELL, 0000 CHARLES H. NELSON, 0000 JEFFREY C. PREDMORE, 0000 *ROBERT R. RUSSELL, JR., 0000 *MICHAEL L. NELSON, 0000 LEVEN R. PRESSLEYSANDERS, 0000 BRIAN D. RUSSO, 0000 DARREL B. NEROVE, 0000 LISA K. PRICE, 0000 LEO J. RUTH II, 0000 *ANDRE E. NETTLES, 0000 MICHAEL J. PRICE, 0000 DIANE M. RYAN, 0000 *KAREN E. NEUBECKER, 0000 *ROBERT F. PRICE, 0000 *JAMES R. RYAN, 0000 *JILL M. NEWMAN, 0000 JOSE A. PRINCIPE, 0000 *MAUREEN E. RYAN, 0000 RANDALL D. NEWTON, 0000 *JAMES M. PROCTOR, JR., 0000 *NESTOR A. SADLER, 0000 THOMAS J. NIGRO, 0000 JAMES D. PRUNESKI, 0000 MARK H. SALAS, 0000 ERIC J. NIKSCH, 0000 *DWAYNE E. PTASCHEK, 0000 GEORGE J. SALERNO, 0000 DONALD R. NITTI, 0000 *KAREN L. PUJALS, 0000 THOMAS A. SALO, 0000 PAUL N. NOBBE, JR., 0000 LEO G. PULLAR, 0000 *DAVID E. SALTER, 0000 STEVEN M. NOE, 0000 *STANLEY H. PUSTARFI, 0000 CHARLES P. SAMARIS, 0000 *JULIE S. NORMAN, 0000 GORDON R. QUICK, JR., 0000 *ERIC L. SANCHEZ, 0000 *NEAL D. NORMAN, 0000 THOMAS G. QUINN, JR., 0000 *DAVID J. SANDERS, 0000 *STEVEN M. NORTH, 0000 *MICHAEL P. QUIRION, 0000 *JOHN A. SANDERS, 0000 PAUL R. NORWOOD, 0000 ALFREDO R. QUIROS, 0000 *SHERARD D. SANDERS, 0000 *DANIEL J. NOSAL, 0000 ROBERT J. RABB, 0000 *TRAVIS E. SANDERS, 0000 *ELLIOTT C. NOWACKY, 0000 MARK J. RADTKE, 0000 CHRISTINE C. SANDOVAL, 0000 *BONNIE A. NOYES, 0000 *RONNIE L. RAFFERTY, 0000 *LE T. SANFORD, 0000 *LARRY R. NULL, 0000 *JAMES J. RAFTERY, JR., 0000 PAUL S. SARAT, JR., 0000 FREDERICK I. NUTTER, 0000 BRIAN S. RAHN, 0000 *GARY F. SARGENT, 0000 *DAVID A. NYDAM, JR., 0000 BRUCE W. RAHN, 0000 FLOSSIE J. SATCHER, 0000 FREIDA M. OAKLEY, 0000 *JOHN L. RAINVILLE, 0000 STUART D. SAULPAUGH, 0000 FREDERICK P. O’BRIEN, 0000 *AQUILES C. RAMIREZ, 0000 *RALPH E. SAUNDERS, 0000 *RONALD J. OCKER, 0000 *BRENTLY L. RAMSEY, 0000 *MICHAEL R. SAYERS, 0000 JAMES D. O’CONNOR, 0000 *CRAIG A. RAMSEY, 0000 *WINFRIED E. SCHEEL, 0000 *WILLIAM K. O’CONNOR, 0000 MARSHALL N. RAMSEY, 0000 MICHAEL G. SCHELLINGER, 0000 MARK W. ODOM, 0000 WILLIAM C. RAMSEY, 0000 JAMES R. SCHENCK, 0000 ROBERT D. OFFER III, 0000 CARL D. RANDAL, 0000 CLAY S. SCHERER, 0000 AARON K. OGLESBEE, 0000 DAVID W. RANDALL, 0000 TED J. SCHJOTH, 0000 DAN S. OLEXIO, 0000 JOSEPH W. RANK, 0000 SANDE J. SCHLESINGER, 0000 HENRY S. OLIVER, 0000 JEFFREY S. RANSBOTTOM, 0000 *PAUL G. SCHLIMM, 0000 MICHAEL D. OLIVER, 0000 QUENTON T. RASHID, 0000 JAMES D. SCHMITT, 0000 *ROBERT F. OLSEN, 0000 MARK R. RASINS, 0000 MATTHEW C. SCHNAIDT, 0000 ROBERT J. OLSEN, JR., 0000 DAVID C. RASMUSSEN, 0000 *MARCEL A. SCHNEIDER, 0000 KEITH E. OLSON, 0000 ABE R. RATLIFF, JR., 0000 BRAD L. SCHONEBOOM, 0000 *RODNEY L. OLSON, 0000 *RICHARD E. RATLIFF, 0000 *ANDREW R. SCHOTT, 0000 THOMAS V. OLSZOWY, 0000 WILLIAM L. RATLIFF, JR., 0000 JOHN E. SCHOTZKO, 0000 JEFFREY T. OPPENHEIM, 0000 MICHAEL W. RAUHUT, 0000 SCOTT A. SCHRINER, 0000 JOSEPH M. ORECCHIO, 0000 JAMES H. RAYMER, 0000 *CARMEN X. SCHROCK, 0000 JOHN M. OREGAN, 0000 *JON S. RAYNAL, 0000 GERHARD P. SCHROTER, 0000 *TIMOTHY P. ORMAND, 0000 *TIMOTHY REAVES, 0000 *RICHARD M. SCHULTZ, 0000 DOUGLAS J. ORSI, 0000 *WILLIE J. REDDICK, 0000 JAY R. SCHUNEMAN, 0000 DAN R. ORTEGA, 0000 CAROL A. REDFIELD, 0000 STEVEN R. SCHWAIGER, 0000 CRAIG A. OSBORNE, 0000 BRIAN J. REED, 0000 *ARTICE SCOTT, 0000 ROSS T. OSBORNE, 0000 CARLA Y. REED, 0000 THOMAS A. SEAGRIST, 0000 *MACE J. OSWALD, 0000 MATTHEW M. REED, 0000 *GREG L. SEARS, 0000 PAUL A. OTT, 0000 SHAWN E. REED, 0000 *JOSEPH W. SECINO, 0000 *DONALD A. OUTING, 0000 STANLEY E. REEDY, 0000 *JEFFREY B. SEELY, 0000 CHRISTOPHER H. OVERBREY, 0000 FRANCES V. REESE, 0000 JON K. SEGARS, 0000 DAVID S. OVERTON III, 0000 NOEL K. REESE, 0000 MARK M. SEIDLER, 0000 *DONALD C. OVERTON, 0000 BLAIN A. REEVES, 0000 *THOMAS W. SEIFERT, 0000 *BRIAN A. OWEN, 0000 ROBERT A. REEVES, 0000 DAVID T. SEIGEL, 0000 *DALE E. OWEN, 0000 TOIMU A. REEVES II, 0000 DANIEL E. SELLERS, 0000 WILLIAM E. OWEN, 0000 MYRON J. REINEKE, 0000 *PATRICIA A. SELLERS, 0000 THOMAS C. OWENS, 0000 *MARLIN L. REMIGIO, 0000 *TIMOTHY F. SELPH, 0000 RONALD E. PACHECO, JR., 0000 TIMOTHY W. RENSHAW, 0000 JOHN E. SENA, JR., 0000 JOHN C. PAGLIANITE, 0000 DAVID B. RESLER, 0000 *ROY C. SEVALIA, 0000 *DAVID A. PAINE, 0000 *EVERETT C. REVELL, JR., 0000 *WILLIAM R. SEVER, 0000 JOHN V. PAINTER, JR., 0000 HUGO E. REYES, 0000 JOHN M. SEXTON, 0000 *CURTIS T. PALMER, 0000 RICHARD M. REYNO, 0000 *MARK S. SHAABER, 0000 *JOHN D. PALMER, 0000 *JAMES R. REYNOLDS, 0000 MARK E. SHANKLE, 0000 *RODNEY M. PALMER, 0000 *JAMES M. RHAESA, 0000 *JOHN E. SHANKLIN, 0000 MICHAEL F. PAPPAL, 0000 RICHARD A. RHEINSMITH, 0000 JAMES C. SHARKEY, 0000 *HARRY M. PARENT, 0000 *JULIE K. RHEN, 0000 CHRISTOPHER J. SHARPSTEN, 0000 *MARK L. PARENT, 0000 FREDERICK L. RICE, 0000 JOHN B. SHATTUCK, JR., 0000 KAREN V. PARKER, 0000 PHILIP D. RICE, 0000 JAMES P. SHAVER, 0000 KEITH J. PARKER, 0000 CLYDE E. RICHARDS, JR., 0000 KRISADA J. SHAW, 0000 ROSS A. PARKER, 0000 *CHRISTOPHER A. RICHARDSON, 0000 RICHARD A. SHAW, 0000 *SCOTT D. PARKER, 0000 MICHAEL W. RICHARDSON, 0000 *JOHN M. SHECKLER, 0000 TODD H. PARKER, 0000 WILLIAM L. RICHARDSON, 0000 WILLIAM H. SHEEHY, 0000 *KENDALL T. PARKS, 0000 *JEROME M. RICKER, 0000 *CLAYTON O. SHEFFIELD, 0000 RICHARD T. PATTERSON, 0000 DARRIN C. RICKETTS, 0000 *GEORGE A. SHELL, 0000 ALLEN E. PATTY, 0000 MARK L. RIDLEY, 0000 TEDDY T. SHELTON II, 0000 MORGAN W. PAUL, 0000 *EDWARD C. RIEHLE, 0000 *DEMETRIUS D. SHEPPARD, 0000 RICHARD L. PAUL, 0000 *DALE S. RINGLER, 0000 *KELLY J. SHERE, 0000 *JOSEPH PAYDOCK, 0000 MATTHEW RIORDAN, 0000 *CHRISTINE L. SHERMAN, 0000 CHRISTOPHER W. PAYNE, 0000 ANDREW J. RISKO II, 0000 *RONALD B. SHIELDS, 0000 DANNY L. PAYNE, 0000 *THOMAS A. RIVARD, 0000 MICHAEL J. SHINNERS, 0000 *DAVID L. PEDERSEN, JR., 0000 ALBERTO RIVERA, 0000 *JAC W. SHIPP, 0000 STANNON M. PEDERSON, 0000 BRYAN K. ROBBINS, 0000 *TIMOTHY D. SHOWERS, 0000 THOMAS E. PEDIGO, 0000 *JOHN P. ROBERTS, 0000 *DAVID A. SHUGART, 0000 *BRIAN L. PENNINGTON, 0000 PAUL J. ROBERTS, 0000 RONALD J. SHUN, 0000 MICHAEL PEREZRIVERA, 0000 *BENJAMIN G. ROBERTSON, 0000 JON L. SHUPENUS, 0000 *LUIS A. PEROZO, 0000 *BEVERLEY J. ROBERTSON, 0000 *JAMES K. SICKINGER, 0000 TROY D. PERRY, 0000 *REID A. ROBERTSON, 0000 *VAN R. SIKORSKY, 0000 *MARTIN A. PERRYMAN, 0000 ALEX N. ROBINSON, 0000 MICHAEL E. SILVERMAN, 0000 WOLFGANG A. PETERMANN, 0000 JAMES O. ROBINSON, JR., 0000 DAVID L. SILVERNAIL, 0000 GEORGE PETERS III, 0000 *JEFFREY F. ROBINSON, 0000 ROBERT P. SIMELARO, 0000 *WILLIAM T. PETERS, 0000 *JOHN M. RODDY, 0000 SARA V. SIMMONS, 0000

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*MICHAEL E. SIMONELLI, 0000 WALTER S. SWEETSER, 0000 WILLIAM S. WARNER, 0000 KELLY K. SIMPSON, 0000 SEAN P. SWINDELL, 0000 KEVIN C. WARREN, 0000 MICHAEL W. SIMPSON, 0000 GARY C. TALLMAN, 0000 PAUL S. WARREN, 0000 MICHAEL J. SINNEMA, 0000 ROBERT H. TALLMAN, JR, 0000 TARN D. WARREN, 0000 *THOMAS E. SIROIS, 0000 *DANA S. TANKINS, 0000 JOHN W. WASHBURN, 0000 ERNESTO L. SIRVAS, 0000 *JOHN H. TAO, 0000 * GAIL L. WASHINGTON, 0000 GERALD R. SKAW, 0000 FRANK W. TATE, 0000 * STACEY S. WASHINGTON, 0000 *JAMES A. SKELTON, 0000 *MICHAEL A. TATE, 0000 NATHAN K. WATANABE, 0000 JOHN T. SKINNER, 0000 BRADLY S. TAYLOR, 0000 * CHARLES J. WATSON, 0000 *JOEL J. SLAGLE, 0000 *JOEL C. TAYLOR, 0000 * KIRBY E. WATSON, 0000 *SCOTT A. SLATEN, 0000 *WILLIAM J. TAYLOR, 0000 ROBERT L. WATSON, JR., 0000 *AVANULAS R. SMILEY, 0000 GLEN A. TEASLEY, 0000 * ANDREW J. WEATE, 0000 *BARNEY I. SMITH III, 0000 RICHARD A. TEOLIS, 0000 BENJAMIN E. WEBB, 0000 *GARY M. SMITH, 0000 REGINALD TERRY, 0000 SHAWN C. WEED, 0000 JULIUS H. SMITH, 0000 GERARD P. TERTYCHNY, 0000 * DOUGLAS M. WEINER, 0000 MARK N. SMITH, 0000 MICHAEL T. TETU, 0000 * MARK J. WEINERTH, 0000 *MCCOY C. SMITH, 0000 DEBORA L. THEALL, 0000 * MARK E. WEIR, 0000 RANDY J. SMITH, 0000 *BOBBY R. THOMAS, JR, 0000 RAYMOND C. SMITH, 0000 *CATHY J. THOMAS, 0000 JAMES W. WELFORD, 0000 *STEPHEN G. SMITH, 0000 GEORGE K. THOMAS, 0000 CHARLES A. WELLS, 0000 STEPHEN T. SMITH, 0000 *LEMUEL A. THOMAS, JR, 0000 LEONARD E. WELLS, 0000 *MATTHEW J. SMOLECKI, 0000 WALTER THOMAS II, 0000 ERIC M. WELSH, 0000 DAVID A. SMOOT, 0000 ANDREA L. THOMPSON, 0000 ROBERT H. WELSH, 0000 NICHOLAS R. SNELSON, 0000 *JOHN W. THOMPSON, 0000 * THOMAS R. WETHERINGTON, 0000 *DAVE F. SNIDER, 0000 *JASON H. THORNTON, 0000 * THOMAS G. WHARTON, 0000 DAVID B. SNODGRASS, 0000 *ROBERT L. THROWER, 0000 * ARIC S. WHATLEY, 0000 *DEBORAH L. SNYDER, 0000 CLIFFORD V. THURMAN, 0000 CLIFFORD E. WHEELER, JR., 0000 MATTHEW O. SNYDER, 0000 JOHN L. THURMAN, 0000 * RICHARD S. WHEELER, 0000 *MICHAEL C. SNYDER, 0000 WILLIAM D. THURMOND, 0000 JOSEPH F. WHELAN, 0000 JOHN S. SOGAN, 0000 *JOHN A. THURSTON, 0000 BILLY J. WHELCHEL, 0000 *GREGORY P. SOLEM, 0000 *DAVID O. TIEDEMANN, 0000 GREGORY A. WHITE, 0000 JAMES E. SORENSEN, JR, 0000 *RICHARD J. TIERNEY, 0000 INES N. WHITE, 0000 *MARKHAM R. SOROKA, 0000 *RICKY L. TILLOTSON, 0000 JERRY A. WHITE II, 0000 JAYSON M. SPADE, 0000 DANNY F. TILZEY, 0000 RICHARD E. WHITE, 0000 *JACK R. SPARKS, 0000 *MICHAEL W. TINGSTROM, 0000 DANIEL W. WHITNEY, 0000 BRYAN N. SPARLING, 0000 DAVID M. TOCZEK, 0000 * RYAN J. WHITTINGTON, 0000 *ELMER SPEIGHTS, JR, 0000 PETER M. TOFANI, 0000 * JOSEPH E. WICKER, 0000 DAVID L. SPENCER, 0000 JEFFERY K. TOOMER, 0000 * TIMOTHY F. WIDMOYER, 0000 *JACK R. SPIELMAN, 0000 JOSE A. TORRES, 0000 CLAYTON C. WIENECKE, 0000 MARY A. STAAB, 0000 *PAUL D. TOUCHETTE, 0000 DAVID J. WILBERDING, 0000 *THOMAS E. STACKPOLE, 0000 DAVID G. TOUZINSKY, 0000 * LIONEL V. WILBURN, 0000 *ALBERT C. STAHL, 0000 JAY L. TOWNSEND, 0000 KENNETH S. WILDER, 0000 JAMES R. STALEY, 0000 BRUCE J. TUFTIE, 0000 * JEFFREY R. WILEY, 0000 *RALPH T. STANDBROOK, 0000 *JOSEPH S. TURLINGTON, 0000 PAUL J. WILLE, 0000 *RANDALL L. STAPFER, 0000 MORRIS A. TURNER, 0000 * STEPHEN T. WILLHELM, 0000 MURRAY P. STARKEL, 0000 PHILIP L. TURNER III, 0000 * ALFORD J. WILLIAMS, 0000 *ALAN T. STATHAM, 0000 DAVID E. TUTTLE, 0000 * BARRY K. WILLIAMS, 0000 *EDWARD J. STAWOWCZYK, 0000 MICHAEL R. TUTTLE, 0000 * DAVID A. WILLIAMS, 0000 *JOHN D. STEELE, 0000 JOEL K. TYLER, 0000 * DWAYNE WILLIAMS, 0000 RANDI J. STEFFY, 0000 *PATRICK C. TYNAN, 0000 * THOMAS C. WILLIAMS, 0000 *ROBERT W. STEIGERWALD, JR, 0000 *PAUL B. TYRRELL, 0000 THOMAS F. WILLSON, 0000 ROBERT T. STEIN, 0000 ANDREAS S. ULRICH, 0000 * BLANE C. WILSON, 0000 PETER A. STEINIG, 0000 JEFFREY L. URIBE, 0000 * RICHARD A. WILSON, 0000 *BRUCE A. STEPHENS, 0000 WILLIAM T. UTROSKA, 0000 * VERONICA A. WILSON, 0000 GARY D. STEPHENS, 0000 *LISIANE M. VALENTINE, 0000 * TRACY L. WINBORNE, 0000 *JERRY D. STEPHENS, 0000 ERIK VALENTZAS, 0000 DENNIS M. WINCE, 0000 *JEFFREY A. STERLING, 0000 DYKE L. VAN, 0000 *MICHAEL F. STERRETT, 0000 BRET A. VANCAMP, 0000 BRIAN E. WINSKI, 0000 RANDY G. STEVENS, 0000 *KRISTINA E. VANNEDERVEEN, 0000 * MARK D. WINSTEAD, 0000 *THEODORE STEVENSON, JR, 0000 *MICHAEL A. VANPUTTE, 0000 ANTHONY A. WIRTH, 0000 *BRYAN A. STEWART, 0000 TERRY D. VANSKY, 0000 * GARY D. WIRTZ, 0000 *JEFFREY A. STEWART, 0000 *JOSE M. VARGAS, 0000 STEPHEN D. WISE, 0000 JOHN E. STEWART, 0000 RALPH R. VARGAS, 0000 DAVID D. WISYANSKI, 0000 *TERRY C. STJOHN, 0000 ANTHONY W. VASSALO, 0000 PETER B. WITH, 0000 MARK L. STOCK, 0000 CHRISTOPHER T. VAUGHN, 0000 ERIC L. WITHERSPOON, 0000 KEVIN P. STODDARD, 0000 *RONALD A. VENEGAS, 0000 DAVID M. WITTEVEEN, 0000 STEVEN A. STODDARD, 0000 *KEVIN VEREEN, 0000 RICHARD E. WOEHLER, 0000 EMILLY M. STOFFEL, 0000 *NORBERT E. VERGEZ, 0000 * WILLIAM S. WOESSNER, 0000 *DANIEL E. STOLTZ, 0000 *ARLESTER VERNON, JR, 0000 * CHRISTOPHER F. WOLFE, 0000 *PATRICIA L. STOLZ, 0000 WILLIAM M. VERTREES, 0000 LARRY M. WOOD, 0000 *JOHN M. STONE, 0000 *JEFFERY L. VESTAL, 0000 DAVID J. WOODS, 0000 PAUL E. STOTE, 0000 KENNETH E. VIALL, 0000 * MICHAEL P. WRIGHT, 0000 *WILLIAM R. STOWMAN, 0000 JASON R. VICK, 0000 * STEPHEN S. WURFEL, 0000 TIMOTHY J. STRANGE, 0000 JOHN A. VIGNA, 0000 SAUNDRA R. YANNA, 0000 JOHN T. STROMBERG, 0000 SHURMAN L. VINES, 0000 PAUL L. YINGLING, 0000 *CAROL L. STRONG, 0000 *DEAN VLAHOPOULOS, 0000 MONTE L. YODER, 0000 *ADAM N. STROUP, 0000 *RICHARD L. VOLBERDING, 0000 * ROBERT J. YOST, 0000 *JOHN J. STRYCULA, 0000 VAN J. VOORHEES, 0000 JAMES R. YOUNG II, 0000 *CHARLES R. STUART, JR, 0000 NICHOLAS J. VOZZO, 0000 * JOEY T. YOUNG, SR., 0000 *LINDA H. STUART, 0000 *THOMAS L. WAILD, JR, 0000 KEVIN P. YOUNG, 0000 ROBIN L. STUART, 0000 CHRISTOPHER E. WALACH, 0000 ROBERT J. YOUNG, 0000 FRANK D. STUREK, 0000 *DAVID D. WALDEN, 0000 JOHN E. ZABEL, 0000 JOHN A. STYER, 0000 *DAVID W. WALKER, 0000 ALBERT G. ZAKAIB, 0000 *JOEL T. SUENKEL, 0000 *HERMAN H. WALKER, 0000 DANIEL E. ZALEWSKI, 0000 DENNIS S. SULLIVAN, 0000 CLINTON J. WALLINGTON III, 0000 * WILLARD G. ZBAEREN, 0000 KEVIN T. SULLIVAN, 0000 *PAUL R. WALTER, 0000 HENRY G. ZEHR II, 0000 *ZEYAD M. SUQI, 0000 *SHAWN C. WALTERS, 0000 ERIC F. ZELLARS, 0000 *DONALD P. SUTTON, 0000 JOHN L. WARD, 0000 * JAMES G. ZELLMER, 0000 *EDWARD J. SWANSON, 0000 *RICHARD C. WARD, 0000 * RONALD E. ZIMMERMAN, JR., 0000 ROBERT S. SWARTWOOD, 0000 *BRADLEY C. WARE, 0000 JAMES F. ZINK, 0000 JONATHAN E. SWEET, 0000 *ROBERT E. WARING, 0000 * RICHARD G. ZOLLER, 0000

VerDate Mar 15 2010 23:29 Dec 12, 2013 Jkt 081600 PO 00000 Frm 00126 Fmt 4624 Sfmt 9801 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\1998-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY September 23, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E1773 EXTENSIONS OF REMARKS

THE STARR REPORT AND THE proceeding against the President. Overturn- sel very carefully as well as evidence pre- CONGRESSIONAL RESPONSE ing the results of a popular election is very sented by the other side. I do not see how we serious business. Next to declaring war, Con- can make a judgment about the President gress perhaps has no greater duty under our until we have had a chance to evaluate all HON. LEE H. HAMILTON Constitution. Hence, we must proceed in the the evidence. I do not think the Congress OF INDIANA weeks and months ahead with deliberate should adjourn while these issues about the IN THE HOUSE OF REPRESENTATIVES speed, but with caution and fairness, to seek President’s future are unresolved. Wednesday, September 23, 1998 the truth and make a judgment. This process The question on my mind is how best to is not about partisan political advantage, get through the next two years with the Mr. HAMILTON. Mr. Speaker, I insert my but about the future of our country. least harm to the country. We must be very Washington Report for Wednesday, Septem- The key question will be whether the careful with the institution of the Presi- ber 23, 1998 into the CONGRESSIONAL President’s conduct, disgraceful as it is, con- dency. We must avoid a paralysis of the stitutes, ‘‘High Crimes and Misdemeanors.’’ RECORD. Presidency and the inability of the President The Framers of the Constitution borrowed to lead effectively. I do think some kind of THE STARR REPORT AND THE CONGRESSIONAL the expression from the English common law judgment needs to be given on the Presi- RESPONSE to suggest grave offenses against the state— dent’s conduct. What kind of judgment it is On September 9, 1998 Independent Counsel offenses which undermined the integrity of will depend on the evidence. But even on the Kenneth Starr submitted his report to Con- the Presidency or our constitutional system basis of the information we now have, we gress regarding President Clinton’s relation- of government—but did not define what pre- cannot permit the impression to prevail that ship with Monica Lewinsky. The U.S. House cisely those offenses might be, aside from the President’s behavior is acceptable. of Representatives now begins the process of treason and bribery. ‘‘High Crimes and Mis- reviewing the evidence the Independent demeanors’’ has been generally understood Counsel has gathered from his grand jury in- to encompass public misdeeds, such as abuse f vestigation as well as evidence provided by of official power that threatens the country, the President and others. The House, after but not private misconduct. WELCOMING AND CONGRATULAT- reviewing the Starr report and other evi- Nature of process: The impeachment proc- ING PRIME MINISTER ATAL dence, will decide whether to proceed with ess is a mix of law, politics, and public opin- BIHARI VAJPAYEE OF INDIA formal impeachment hearings. The key judg- ion. It should not be used to remove a Presi- ment will be for the House to determine dent with whom Congress has political dif- whether the President’s conduct amounts to ferences, nor should it be limited to possible HON. ROBERT MENENDEZ violations of criminal law. Rather, it should ‘‘High Crimes and Misdemeanors,’’ the Con- OF NEW JERSEY stitutional standard for removing a Presi- primarily ask whether a President’s conduct dent from office. is so bad that he can no longer be trusted to IN THE HOUSE OF REPRESENTATIVES The Starr report: The 453-page Starr report serve. President Clinton’s ability to govern Wednesday, September 23, 1998 alleges that President Clinton committed the country has been damaged. The looming acts that may constitute grounds for im- question is whether he retains enough of the Mr. MENENDEZ. Mr. Speaker, I rise today peachment. The report lays out in graphic confidence of the American public that he to welcome Prime Minister Atal Bihari detail the chronology of events surrounding will be able to govern effectively. the President’s affair with Ms. Lewinsky, Congress will pay close attention to public Vajpayee of India on his visit to the United and concludes that the facts may establish 11 opinion as this process unfolds. In effect two States and meeting at the United Nations. possible grounds for impeachment, including processes are now taking place: one in Con- This is Mr. Vajpayee's first visit to the United lying under oath in the Paula Jones case and gress and one in the public. Both are nec- States since he was sworn in as Prime Min- before Starr’s grand jury, obstructing jus- essary. Of the two, the process in the Amer- ister for the second time on March 19, 1998. tice, witness tampering, and abuse of power. ican public is more important. The public de- On September 24th, the Prime Minister will The President has acknowledged that he liberation taking place over the next several address the 53rd Session of the United Na- had an inappropriate relationship with Ms. weeks will drive this process and will eventu- Lewinsky and that his conduct was wrong, ally drive congressional action. tions, and shortly thereafter Mr. Vajpayee will but rejects the view that he committed the Thus far, the American public does not receive the distinguished Dr. Ambedkar Award offenses catalogued in the Starr report. Fur- support impeaching the President. The pub- for this tremendous government service on be- thermore, the President’s attorneys contend lic is of two minds about the President. They half of the Indian people. The award will be that his conduct, while inappropriate and believe Clinton is doing a good job as Presi- presented by the founder and president of the wrong, does not rise to the level of ‘‘High dent and is a strong leader in touch with Ambedkar International Mission U.S.A., Mr. Crimes and Misdemeanors,’’ and therefore their problems. On the other hand, they do Hardyal Singh. Dr. Ambedkar was the author not like his morals and question his integ- does not warrant Congress proceeding with of the Indian Constitution and was India's an impeachment inquiry. rity and his character. The public today ap- Presidential conduct: I have read the Starr pears to favor some form of censure of the most prominent and vocal proponent of equal report in full, and like many Americans, am President, short of impeachment, and wants rights for Scheduled Castes. shocked and dismayed by its contents. I rec- Congress to get through this process and Prime Minister Vajpayee's long and impres- ognize, of course, that the report represents back to the people’s business as quickly as sive parliamentary career began in 1957 when only the prosecutor’s assessment of the facts possible. he was just 22 years old. Mr. Vajpayee was My assessment: The Starr report presents and that Congress has a duty to examine all briefly Prime Minister in 1996 and later be- the evidence, including evidence which tends a strong case of Presidential misconduct. to exonerate the President. The evidence that the President lied under came the Opposition Leader. Putting the Starr report to one side, I have oath about the relationship with Ms. The Prime Minister is also known as a nonetheless been deeply disappointed by the Lewinsky is persuasive. The President does scholar and an articulate speaker. He has President’s conduct. The sexual misconduct not challenge the basic facts of the report, published several collections of his poems and was offensive but that really was not the which paint a devastating portrait. Starr’s speeches including ``Lok Sabha Mein Atalji'', worst of it. He misled his wife, his staff, and charges of obstruction and, particularly, ``Mrityu Ya Hatya'', and ``Amar Aag Hai.'' Mr. the country. His pattern these last several abuse of power are less compelling, and there months to hide his improper relationship has is considerable conflicting testimony rel- Vajpayee has also been an editor of several been to conceal, fabricate, stonewall, and at- ative to these charges. I have doubts, at this Hindi newspapers. tack Starr. He surely could have saved the point, whether the President’s misconduct Prime Minister Atal Bihari Vajpayee has country much agony by making a confession rises to the level of ‘‘High Crimes and Mis- dedicated his career to the uplifting of Sched- months ago. His legalistic hair-splitting on demeanors’’ to warrant his removal from of- uled Castes and Tribes, promoting women's the issue of lying insults the common sense fice. rights, and defending child welfare. of most of us. I am not advocating at this time censure, Where we go from here: Congress now faces resignation or impeachment. Congress has On behalf of the House of Representatives the grave responsibility of deciding whether the Constitutional obligation to weigh the I welcome this able leader to our country and to move ahead with a formal impeachment evidence presented by the Independent Coun- hope his stay proves to be a productive one.

∑ 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. E1774 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 1998 ‘‘STRIGHT-UP’’ PROGRAM HAILED TRIBUTE TO DR. HERATCH Joachim and Anne Armenian Church, and is a DOUMANIAN member of the Armenian General Benevolent HON. PAUL E. KANJORSKI Union, Chicago Chapter. Although his work and community service often limits his time, OF PENNSYLVANIA HON. PETER J. VISCLOSKY OF INDIANA Heratch has never limited the time he gives to IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES his most important interest, his family. He and Wednesday, September 23, 1998 his wife, Sonya, have three children: Greta, a Wednesday, September 23, 1998 lawyer; John, a medical student; and Leo, also Mr. KANJORSKI. Mr. Speaker, I rise today Mr. VISCLOSKY. Mr. Speaker, it is my dis- to pay tribute to four outstanding constituents a medical student. tinct honor to pay tribute to one of Northwest The Hippocratic Oath discusses how a doc- of mine who have made a real contribution to Indiana's leading physicians, Dr. Heratch fighting drugs in Northeastern Pennsylvania: tor or medical professional should conduct his Doumanian, of Merrillville, Indiana. On Sun- life, public and private. ``. . . I will lead my life Gene Fischi, Al Ottensman, Paul O'Malia, and day, September 30, 1998, Heratch will be hon- David Stefanoski. and practice my art in uprightness and honour; ored by the Asian American Medical Society that into whatsoever house I shall enter, I shall These four men are the founders of an anti- for his selfless, exemplary service to society, be for the good of the sick to the utmost of my drug initiative called the ``Straight-;Up'' pro- the community, and the medical profession. power, holding myself far aloof from wrong, gram that involves prisoners at the Luzerne This Sunday, for his dedicated, consistent from corruption . . .'' When Heratch moved to County Correctional Facility travelling to area community work, Heratch will be awarded the Northwest Indiana in 1966, he brought with high schools and colleges to tell students Crystal Globe Award, the Asian American him a dedication to uprightness and honor that about life in prison and how drugs ruined their Medical Society's highest service award. has touched many lives. His dedication to the lives and led to their incarceration. The de- Each year, the Asian American Medical So- community and his family, in addition to his tailed, first-person stories conveyed by these ciety honors a prominent, extraordinary resi- commitment to the unfortunate and sick are prisoners can convey a powerful message to dent of Northwest Indiana for their outstanding clear examples of one man working to the ut- teenagers about the dangers of drug abuse. contributions to the community. In recognition most of his power and ability. We in Northwest Given rising concern in Northeastern Pennsyl- of their tremendous efforts for the betterment Indiana are lucky to be the recipients of his vania and throughout the nation about the per- of Northwest Indiana, they are honored at a service. ils of teenage drug abuse, this sort of innova- banquet and awarded the prestigious Crystal Mr. Speaker, I ask that you and my other tive program is an eminently worthy endeavor. Globe. distinguished colleagues join me in congratu- The ``Straight-Up'' program could not have This year's recipient, Dr. Heratch lating Dr. Heratch Doumanian for receiving the survived since April of 1996 were it not for the Doumanian, is one of the most caring, dedi- 1998 Crystal Globe Award from the Asian dedicated work of Luzerne County Correc- cated, and selfless citizens of Indiana's First American Medical Society. Truly, Heratch has tional Facility Warden Gene Fischi, and Ser- Congressional District. As a physician, earned this recognition. His service, dedica- geant David Stefanoski, Lieutenant Al Heratch serves as not only a respected mem- tion, and altruism inspire us all to greater Ottensman, and Lieutenant Paul O'Malia of ber of the medical community, but also as a deeds. the Luzerne County Correctional Facility. Their teacher, a mentor, and a community volunteer. f efforts have already affected over 21,000 He offers his services and time to many pro- Luzerne County youth. I am pleased to have fessional organizations including the IN HONOR OF HIS HOLINESS POPE had this opportunity to bring their accomplish- Radiologic Society of North America, the SHENOUDA III ment to the attention of my colleagues and I American Medical Society, the Lake County wish them and the ``Straight-Up'' program fu- Medical Society, the Indiana State Medical So- HON. ROBERT MENENDEZ ture success. ciety, the American College of Radiology, and OF NEW JERSEY the Asian American Medical Society. In addi- IN THE HOUSE OF REPRESENTATIVES f tion, Heratch served as the President of St. Wednesday, September 23, 1998 TRIBUTE TO DR. HENRY WARREN Mary's Medical staff in 1995, is a present BLAKEMAN, JR. member of the St. Mary's Medical Quality As- Mr. MENENDEZ. Mr. Speaker, I rise today surance Committee, and served as the Presi- to welcome Pope Shenouda III of the Coptic dent of the Asian American Medical Society in Orthodox Church to the United States and HON. JOHN COOKSEY 1988. specifically the New Jersey/New York region. OF LOUISIANA Since 1966, Heratch has served as a Radi- The Coptic Church is responsible for many IN THE HOUSE OF REPRESENTATIVES ologist at both the Diagnostic Outpatient Cen- contributions to Christianity, including the Ni- Wednesday, September 23, 1998 ter, and the St. Mary Medical Center. In addi- cene Creed which is today recited by Christian tion, he shares his knowledge as a teacher at churches around the world and thousands of Mr. COOKSEY. Mr. Speaker, Dr. Blakeman the Indiana University Northwest Medical biblical and theological texts produced by the is Senior Minister of St. Paul's United Meth- School. Before starting his work in 1966, early Coptic Church. Today those texts are odist Church in Monroe, Louisiana. He has Heratch attended the American University, in valued by historians and theologians alike. been minister of churches in Baton Rouge, Beirut, Lebanon, and in 1957 he graduated Pope Shenouda III is a profound theologian, New Orleans and most recently, Senior Min- from its Medical School. After graduation, Dr. an eloquent preacher, an accomplished au- ister of the 3,000 member Broadmoor United Doumanian came to the United States and thor, and an able leader of Christian unity. Be- Methodist Church in Shreveport where serv- completed two Internships in Chicago, Illinois, fore his consecration as Pope, His Holiness ices were broadcast each Sunday over Tele- at the St. Bernard Hospital from 1957-1958, was a successful student, a charismatic teach- vision Channel 3. He has also been District and the Michael Reese Medical Center from er, and a pious monk. Superintendent of the New Orleans and North 1959-1960. In 1960-1962, Heratch served our Since his consecration in 1971, Pope Shore Districts. country as a Captain in the United States Shenouda III has led the Coptic Orthodox He has served on the Board of Pendleton Army Medical Corps. After his military service, Church to a world-wide resurgence. In North Methodist Hospital and is currently on the he completed a Residency at the University of America alone, the Coptic Church has estab- Board of the Louisiana Methodist Foundation. Chicago Hospital, and he earned a Fellowship lished over 70 new churches in the last twenty He has directed various civic financial drives from the University of Minnesota, in Minneapo- years. and is a consultant for the Biedenharn Bible lis, Minnesota. When his Fellowship ended in Pope Shenouda III has traveled around the Museum and Research Center. 1966, he moved to Northwest Indiana and globe in the interest of Christian unity. In Dr. Blakeman collects antiquarian books began his successful medical and community 1973, His Holiness was the first Coptic Pope and manuscripts (dating back to 1247 AD), work for the people of this region. to visit the Vatican in over 1,500 years. His classic mystery fiction and enjoys classical While Heratch has dedicated considerable Holiness has also kept in close contact with music. His library contains over 5,000 vol- time and energy to his work as a physician, he sister Orthodox churches with visits to Con- umes. has always made an extra effort to give to the stantinople, Moscow, Romania, Bulgaria, and He is married to Mary Lou who is a prison community. He is currently very involved in the Antioch. Pope Shenouda III has also ad- psychologist (specialist degree) and they have Armenian Assembly of America, and serves vanced relations with many Protestant church- three children, Jeff, Jennifer and Julie, and the organization as a Fellow Trustee. Addition- es as shown by his dialogue with the World one granddaughter, Katie. ally, he is a Parish Council Member of the St. Alliance of Reformed Churches in 1993. CONGRESSIONAL RECORD — Extensions of Remarks E1775 Before I conclude my remarks, I would like I do not see how the United Nations can de- work with the United Nations in resolving to thank the Consul General of Egypt in New ploy this force without a clear, prior agree- this longstanding dispute. York, Soheir Zaki, for hosting a reception for ment from all parties on the conditions Again, thank you for sharing your con- under which they would operate. cerns on this important issue. I appreciate His Holiness today. Second, the UN High Commission for Refu- the active interest and positive involvement On behalf of my colleagues, I welcome gees (UNHCR) does not yet have an agree- of Congress in supporting the U.N. peace Pope Shenouda III on his visit to this country, ment with the Government of Morocco to process and the full implementation of the and hope that his stay is a pleasant and fruit- formalize its presence in the Western Sa- Houston Accords. ful one. hara, as is required by the Houston Accord. Sincerely, f Without an agreement allowing it to operate Bill. freely, the UNHCR has made no progress on f IMPLEMENTATION OF THE UNITED organizing the safe and voluntary repatri- NATIONS SETTLEMENT PLAN ation of the Western Saharan refugees from AN ‘‘OUTSTANDING COMMUNITY’’ FOR WESTERN SAHARA camps in Algeria and Mauritania. Third, the Government of Morocco has im- posed restrictions on MINURSO aircraft. I HON. RON KLINK HON. LEE H. HAMILTON am concerned about attempts to dictate to OF PENNSYLVANIA OF INDIANA the United Nations who it may and may not IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES transport on its own planes, and urge you to encourage the Moroccan government to re- Wednesday, September 23, 1998 Wednesday, September 23, 1998 frain from such interference with Mr. KLINK. Mr. Speaker, I rise today to rec- Mr. HAMILTON. Mr. Speaker, I believe the MINURSO’s work. I believe U.S. support is critical to the suc- ognize the great township of Cranberry, Penn- 1997 Houston Accord, negotiated under the sylvania for being honored by the Pennsyl- leadership of U.N. Secretary General Kofi cessful implementation of this peace plan. The United States should have its own offi- vania Commerce of Business and Industry as Annan by his Personal Envoy, former Sec- cials on the ground to report on MINURSO’s ``Outstanding Community'' 1998. The award retary of State James A. Baker III, offers the progress, should press the parties directly to was presented on September 14, 1998, in best hope for achieving a just and lasting solu- carry out their commitments to the peace Hershey, PA. tion to the question of the Western Sahara. plan, and should give strong support to the Founded in 1804, Cranberry has grown into However, I am concerned that the parties to efforts of former Secretary Baker. I under- a thriving township that offers a prosperous the planÐthe Government of Morocco and the stand that Secretary Baker, acting on behalf of the UN Secretary General, may reconvene job market and a high quality of life for its citi- Polisario FrontÐare not doing enough to meet zens. Since 1990 alone it has gained more their commitments under this agreement. A the Houston conference that produced this agreement, and I hope you will support his than 1,180,000 square feet of new commercial lack of cooperation by the parties is impeding diplomacy in full. construction. Their economy is a model for the the progress of the U.N. Mission for the Ref- Sincerely, modern economy based in retail trade and the erendum in Western Sahara (MINURSO). On LEE H. HAMILTON, service industry. For these reasons the Penn- August 7, 1998 I wrote to President Clinton Ranking Democratic Member. sylvania Commerce of Business and Industry concerning MINURSO and implementation of chose to honor them this year. THE WHITE HOUSE, the Houston Accords, and on August 31, 1998 This is a great accomplishment for Cran- I received a reply. The text of the correspond- Washington, August 31, 1998. Hon. LEE H. HAMILTON, berry Township as they are the first township ence follows: House of Representatives, of this size to receive the award. They provide COMMITTEE ON INTERNATIONAL RE- Washington, DC. an example for other small communities in this LATIONS, HOUSE OF REPRESENTA- DEAR LEE: I received your letter concern- country on how to succeed and compete eco- TIVES, ing the Western Sahara, and I agree with nomically. Washington, DC, August 7, 1998. your views on the importance of full imple- f The PRESIDENT, mentation of the United Nations settlement The White House, plan. I also share your concern over the slow CELEBRATING KIDS DAY AMERICA Washington, DC. pace of progress. DEAR PRESIDENT CLINTON: I write to urge United States officials at the United Na- you to support actively the full implementa- tions and in the region constantly monitor HON. MARGE ROUKEMA tion of the United Nations Settlement Plan developments affecting the U.N. Mission for OF NEW JERSEY for Western Sahara. I commend the commit- the Referendum in Western Sahara IN THE HOUSE OF REPRESENTATIVES ment by UN Secretary General Kofi Annan (MINURSO). As you are aware, the United to resolving this decades-long conflict as Nations is working with Morocco, Algeria, Wednesday, September 23, 1998 well as the extraordinary leadership and ac- and Mauritania to conclude a status of forces Mrs. ROUKEMA. Mr. Speaker, I rise to call complishments of his Personal Envoy, agreement (SOFA). We recognize the impor- former Secretary of State James A. Baker tance of having a SOFA in place and will attention to the annual Kids Day America, a III, in successfully negotiating the 1997 Hous- continue to urge progress. nationwide event that educates children about ton Accord. I believe this agreement offers Regarding the U.N High Commission for the importance of good health. Taking places the best hope for achieving a just and lasting Refugees (UNHCR), I am encouraged by the at thousands of doctors' offices, Kids Day solution to the question of the Western Sa- recent agreement between Moroccan and America offers health screening, educational hara. UNHCR delegations in Geneva to allow program, fingerprinting and identification The parties to the plan—the Government UNHCR to operate freely. UNHCR is await- photos, among other services. This event is of Morocco and the Polisario Front—are not ing confirmation from the Government of intended to protect the health and safety of doing enough to meet their commitments Morocco before proceeding, but anticipates a under this agreement. Implementation of the favorable decision. our childrenÐour most precious treasures. first phase of the Houston Accord is already We continually discourage Government of In my Congressional District, Kids Day some six months behind schedule, with fur- Morocco restrictions concerning who may America was held Saturday, September 19, at ther delays likely. I believe the United and may not travel on MINURSO aircraft. As the Rochelle Family Chiropractic Center in Ro- States has an important interest in the full the recent presence of congressional staff on chelle Park, headed by Dr. David Hager. The and timely implementation of both the MINURSO flights demonstrates, Moroccan funds raised this year will go to the Conklin Houston Accord and the underlying UN Set- restrictions have not affected our ability to Youth Center's Caring and Sharing Project in tlement Plan. support the U.N. process. That said, we con- I would like to bring to your attention tinue to urge the Government of Morocco to Hackensack. This important program provides three areas where a lack of cooperation is lift these restrictions, which cause Morocco care for abused children who have been re- impeding the progress of the UN Mission for to be viewed in an unfavorable light by the moved from their parents' homes. the Referendum in Western Sahara international community. Free scoliosis screening and dental screen- (MINURSO). The U.S. embassy closely follows the set- ing was offered to children who attended Sat- First, the two parties, as well as Algeria tlement process in the Western Sahara urday's event. In addition, the Rochelle Park and Mauritania, have not concluded a status- through visits to Western Sahara proper and Police Department fingerprinted and photo- of-forces agreement (SOFA) to facilitate the to refugee camps in Tindouf. We have also deployment of MINURSO-formed military placed a U.S. official, on a short-term basis, graphed children for identification purposes. units—including some U.S. forces. To ensure in Western Sahara to observe and report on Police officers also explained the DARE anti- the orderly, peaceful conduct of the referen- developments. The United States will con- drug program. McGruff the Crime Dog, Joey dum, those forces are set to be increased as tinue to take every opportunity to urge the the Clown and free balloons helped make the the Houston Accord enters its second phase. Government of Morocco and the Polisario to event fun and entertaining for children. E1776 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 1998 Promotion of DAREÐDrug Abuse Resist- Mrs. Duran experienced economic and social For years, Don worked in the credit and ance EducationÐis one of the two most im- struggles as they raised their four children. banking industry. He worked at the Bureau of portant components of Kids Day America. Be- Their struggles were due to the inability of Internal Revenue and at Riss and Company in fore DARE was established in 1983, U.S. speaking English and leaving a successful Kansas City. He was also employed for twenty schools had virtually no formal program to business behind in their native land. Mr. years as a Retail Credit Manager at Western teach children about the dangers of illegal Duran, after several business ventures, was Auto in Kansas City. While working at Western drugs and provide them with the skills to resist fortunate and successful enough to have his Auto, Don was appointed Vice President of drugs. The DARE program is a 17-week-long wife dedicate herself to raising their children, the International Consumers Credit Executive course taught from elementary to high school Alexander, Diane, Eduardo II, and Claudia Association. levels by specially trained police officers Tatiana. After establishing his businesses, Mr. Don joined the Bank of Tulsa in 1968, and across the country. The program now reaches Duran became involved in his community. He also served as Vice President of the Bank an estimated 26 million children in 75 percent is a member of the Hispanic Mercantile Fed- Americard (now known as VISA) Center for of our nation's schools. eration, active partner of the Cuban American several years. In 1972, he instituted the Bank The other key component of Kids Day Foundation, member of the Lions Club, and of Americard facility in St. Louis and oversaw America is health care for children. This pro- founding member of the Latin American the development of the facility. Later, Don gram recognizes that it is essential that our Kiwanis Club of West New York. joined the Noland Road Bank of Independ- children receive the highest quality of health Mr. Duran along with Jose Alvardo, Jorge ence, MO, and became an executive member care and that is a goal to which I am un- Quintana, and Joseph Menendez helped of the Board of Advisors to the Bank of Amer- equivocally committed. I have strongly sup- found and charter the Latin American Kiwanis ica in San Francisco, CA. Don Lintvet ended his active business ca- ported programs to make health insurance Club of West New York in February 15, 1995. reer in 1979 due to health problems, however, more widely available to children of the work- Today, as one of the five Board of Trustee his professional life took a turn which led him ing poorÐthose whose parents fall in the vast members, he holds the title of the second- to the Christian Church. On October 10, 1980, chasm between Medicaid eligibility and the vice-president. The other trustees are his son Don was ordained as a minister in the ability to afford private health insurance. The Alexander, President; Robert Arreaga, first- Disciplies of Christ church, and he served as health of our nation's children is far too valu- vice-president; Maria E. Smith, Secretary, and a minister at churches in Lexington, Dover, able to allow it to be threatened by the lack of Maria Elena Pacheco, Treasurer. In my re- Bates City, and Hardin. His most admired con- adequate insurance coverage. The impact of gards, Mr. Duran should be honored and rec- tribution to the ministry was as a volunteer poor health care is far greater for children than ognized for his unique contributions to the chaplain at the Lafayette Regional Health it is for adults: stunted growth, lifetime disabil- community. Center. From 1980 to 1990, Don served more ities and even early death can result from fail- It is an honor to have an outstanding gen- than 11,000 hours of volunteer service at the ure to properly treat childhood disease. To tleman such as Mr. Eduardo L. Duran residing hospital. allow innocent children to suffer when proper in my home state serving the residents of my Early in his life, Don played baseball for the care is available is unconscionable. district. I ask that my colleagues rise with me minor league Fargo-Morehead Twins at Fargo, Mr. Speaker, health and safety are key fac- and applaud this remarkable example of com- ND, and the major league Cleveland Indians, tors in the development of our children into ac- munity service at its best. and of his many affiliations, Don enjoyed tive, productive adult citizens. If started in f being on the committee of the Board of Ama- childhood, proper health and safety habits can teur Sports Hall of Fame in Kansas City. He be maintained for a lifetime. This event helps IN MEMORY OF REV. DONALD was also a music enthusiast and he was an promote those values. SELMER LINTVET active member of the Tulsa Opera Company I ask my House Colleagues to join me in and the Christian Church choir in Tulsa, OK. congratulating the sponsors of this event on HON. IKE SKELTON He was a 58-year member of the Masonic their spirit of caring for our young people. OF MISSOURI Lodge AM FM #149, a member of the Lexing- f ton American Legion/Thomas Cullom Post, IN THE HOUSE OF REPRESENTATIVES and a member of the Masons in Balboa Canal PERSONAL EXPLANATION Wednesday, September 23, 1998 Zone. In addition, Don was one of ten Missou- Mr. SKELTON. Mr. Speaker, recently, my rians nominated for the Outstanding Senior HON. DAN BURTON hometown of Lexington, MO, lost one of its Volunteer for the state of Missouri. OF INDIANA most beloved citizens. Rev. Donald Selmer Don is survived by his wife, George Lynn, one son, one sister, two grandchildren, two IN THE HOUSE OF REPRESENTATIVES Lintvet, 77, passed away at his home on Au- gust 13, 1998. step-grandchildren, one niece, two nephews, Wednesday, September 23, 1998 two great-nieces, and one great-nephew. Rev. Don Lintvet was born in Hawley, MN, Mr. Speaker, Rev. Donald Lintvet was a Mr. BURTON of Indiana. Mr. Speaker, on on March 4, 1921. He attended school there, man of honor and dignity. His service to his Friday, September 18, 1998, I was absent and after graduating from Lake Park High nation, to his community, and to his God are from the House due to a serious illness in my School, he received degrees from the Indus- highly commendable. He is truly a role model immediate family. As a result, I missed three trial College of Minnesota and the Detroit for all Americans. I am certain that the Mem- rollcall votes. Had I been present, I would Lakes Business College. In addition, he at- have voted ``No'' on rollcall vote number 450; bers of the House will join me in paying tribute tended both Baylor University and Rockhurst to this honorable Missourian. ``no'' on rollcall vote number 451; and ``aye'' College for several years, as well as Trinity on rollcall vote number 452. Theological Seminary, San Francisco Semi- f f nary, and Toledo Bible College. PERSONAL EXPLANATION Don's studies were interrupted by his serv- IN HONOR OF EDUARDO L. DURAN ice to the United States in the U.S. Army. Im- HON. LORETTA SANCHEZ mediately before World II, Don served as a fi- OF CALIFORNIA HON. ROBERT MENENDEZ nance officer in Panama at the Panama Canal IN THE HOUSE OF REPRESENTATIVES OF NEW JERSEY Zone. During World War II, he served state- Wednesday, September 23, 1998 IN THE HOUSE OF REPRESENTATIVES side in the 2nd Armored Division at Fort Benning, GA, the Paratrooper Division at Indi- Wednesday, September 23, 1998 Ms. SANCHEZ. Mr. Speaker, on rollcall vote anapolis, IN, and at Fort Hood, TX. 450, I was unavoidably detained. Had I been Mr. MENENDEZ. Mr. Speaker, I rise today After the conclusion of the war, Don came present I would have voted ``aye.'' to pay tribute to an exceptional gentleman, Mr. to Lexington, MO, the hometown of his wife, Mr. Speaker, on rollcall vote 451, I was un- Eduardo L. Duran, for his many years of hon- George Lynn. In Lexington, he once again avoidably detained. Had I been present I orable service to the community. served in military uniform, as Assistant Com- would have voted ``aye.'' Mr. Eduardo L. Duran arrived in America 38 mandant at Wentworth Military Academy. Mr. Speaker, on rollcall vote 452, I was un- years ago in search of his long lost love and Soon thereafter, he was recalled to active duty avoidably detained. Had I been present I now wife Xiomara. Over the years, Mr. and by the Army during the Korean War. would have voted ``no.'' CONGRESSIONAL RECORD — Extensions of Remarks E1777 THE 424TH MEDICAL LOGISTICS from the Passaic River to what is now Dia- The 1930s saw construction of Hawthorne BATTALION mond Bridge Avenue and from the crest of High School, the beginning of the Hawthorne Goffle Hill to Lincoln Avenue. One of the Women's Club and the Hawthorne Child Wel- HON. JIM SAXTON Ryerson's homes, built in 1740 and destroyed fare League. The population in 1930 soared to by fire in 1950, served as General Lafayette's 12,000Ða 13 percent increase from 1920 re- OF NEW JERSEY headquarters during the Revolutionary War. A ported to be the second-highest increase in IN THE HOUSE OF REPRESENTATIVES monument erected by the Passaic County the United States. Wednesday, September 23, 1998 Park Commission marks the spot at 367 Hawthorne today has a population of more Goffle Road. Another Ryerson home survives than 17,000 and plays an essential role in the Mr. SAXTON. Mr. Speaker, I rise to con- as a restaurant. gratulate and pay tribute to the men and active economy of the region. Hawthorne has Saw mills were the earliest industrial oper- enjoyed a history of good, sound local govern- women of the 424th Medical Logistics Battal- ation in Hawthorne, as trees cut to clear land ion headquartered at Pedricktown, New Jer- ment, a tradition carried on today by Mayor for farming were turned into lumber for con- Fred Criscitelli, Council President Joseph sey. In particular, I wish to salute the 14 sol- struction. Grist mills followed to process the diers who are returning home from an eight Metzler, Council Vice President John Lane grain raised by the farmers. and Council Members Marge Shortway, Lois month deployment to Bosnia. On October 4th, Located in Passaic County, Hawthorne origi- 1998, the 424th Medical Logistics Battalion will Cuccinello, Richard Goldberg, Patrick Botbyl nally was part of Manchester Township, which and Eugene Morabito. Former Mayor Louis welcome home these 14 members in a cele- also included communities now known as Bay 2nd, who retired in 1987 after 40 years of bration at the 424th Reserve Center in Totowa, Haledon, North Haledon, Prospect continuous service, set a record for consecu- Pedricktown, New Jersey. Park and part of Paterson. Hawthorne was es- tive terms as mayor. The detachment, commanded by Captain tablished as an independent borough on Linda Estacio, deployed last September and March 24, 1898. The other communities even- Hawthorne is one of the finest communities was stationed at the Blue Factory near the tually declared their independence as well and in the State of New Jersey. This community is town of Tuzla, Bosnia. The detachment was Manchester Township ceased to exist. symbolic of traditional American values. The responsible for all of the medical supplies, There are two theories on the origin of the residents work hard, are dedicated to their blood products, and medical equipment repair borough's name. One is that it was named for families, support their schools and volunteer to for all of the American forces and some multi- the profuse growth of the thorny Hawthorne help their neighbors. I ask all my colleagues to national units in the northern section of Bos- bushes early farmers had to clear from their join me in wishing all its residents continued nia, a responsibility that cannot be overesti- land before cattle could safely graze. The success as their borough enters its second mated nor underappreciated. other is that it was named for the author Na- century. Today, U.S. servicemen and women con- thaniel Hawthorne. The true answer is lost to f tinue to serve in Bosnia in an effort to again history. Nonetheless, the name is honored and secure peace in Europe. These dedicated indi- revered and deserves the good reputation it IN HONOR OF DOVER, MO, CHRIS- viduals, who have served so honorably, have has enjoyed for a century. It is one of the fin- TIAN CHURCH’S 150TH ANNIVER- the difficult task of fulfilling the commitments est communities in our state. SARY made by American foreign-policy makers. The Hawthorne's first mayor, Dr. Sylvester Utter, members of the 424th represent the steadfast was elected April 12, 1989. Adam Vreeland HON. IKE SKELTON dedication and honorable service that continue was chosen as assessor and William H. Post OF MISSOURI to make our nation proud of our Armed as tax collector. The councilmen were Albert IN THE HOUSE OF REPRESENTATIVES Forces. Rhodes, Frank Post, Daniel Van Blarcom, I wish to commend these soldiers, Cpt Linda Martin Marsh, John V.B. Terhune and Arthur Wednesday, September 23, 1998 Estacio, 1LT Carmen Bellthomas, SFC Frank F.J. Wheatley. Mr. SKELTON. Mr. Speaker, today, I wish to Newhart, SFC John Vangeyten, SFC Richard At the turn of the century, farms were al- pay tribute to the parishioners, past and Czeponis, SGT William White, SGT Ronnie Si- ready disappearing to make room for housing present, of the Dover, Missouri, Christian mons, SGT Bruce Phillips, SGT David Lewis, development and Hawthorne's population Church, who will celebrate the Church's 150th stood at 2,500. By 1908, large tracts of land SPC Ronald Meixsell, SPC Kenneth Johnson, anniversary this year. were being developed for homes. The Arnold SPC Pamela Jones, SPC Michael Mills and The long history of the Dover Christian Brothers Co. developed land from Elberon to SPC Derrick Sterling, for they are the inspira- Church, located just east of my hometown of Tuxedo Avenues. The Rea Land Co. devel- tion for those who serve our country today. Lexington, MO, began in the decades before oped the northern end of town and Hawthorne f the War Between the States. In the early part Parks Estates developed the eastern section. By 1910, the population totaled 3,500. of the 19th Century, two men, Thomas and Al- 100TH ANNIVERSARY OF exander Campbell, father and son, came to HAWTHORNE, NEW JERSEY One of the new government's first steps was to secure $19,000 in loans to renovate Missouri from Virginia. These men brought school buildings, including the Lafayette with them the idea of a new faith which fos- HON. MARGE ROUKEMA School, the Washington School and a one- tered the dream of uniting all Protestant de- OF NEW JERSEY room schoolhouse on Goffle Road. The Frank- nominations. The little town of Dover accepted IN THE HOUSE OF REPRESENTATIVES lin School was built in 1910. The Lafayette this tenet, and in August of 1824, the Dover Christian Church was organized. Wednesday, September 23, 1998 School eventually became the borough munic- ipal building but was destroyed by fire in 1979. The tradition of the Church's August meet- Mrs. ROUKEMA. Mr. Speaker, I rise to con- A new municipal building was constructed on ing began in 1824. Over the years, this event gratulate the Borough of Hawthorne on its the same site. has become the binding tie to the members of 100th anniversary as an independent borough The post-World War I boom of the 1920s the Church and to the community of Dover. in the State of New Jersey. The people of brought more new homes, a variety of indus- These meetings have been one of the biggest Hawthorne this year are celebrating the many trial and commercial enterprises and two new and most looked-forward-to events in the com- virtues of their wonderful community. Haw- schools. Goffle Brook Park was established in munity. From 1824 to 1848, before there was thorne is a good place to call home. It has the 1927 by the Passaic County Park Commis- a church building, Dover Christian Church's outstanding schools, safe streets, family ori- sion, quickly becoming the setting for band annual August meetings were held beneath ented neighborhoods, civic volunteerism and concerts and baseball games. The park re- three large elm trees that stood near a small community values that make it an outstanding mains a setting for community events to this bridge south of Dover. The current church fa- place to live and raise a family. day. The First National Bank of Hawthorne, cility was not completed until 1848. Hawthrone was officially incorporated as a the Hawthrone Public Library and the Masonic Mr. Speaker, for over 150 years, the mem- borough one century ago, but its qualities Temple were all opened in 1928. The same bers of the Dover Christian Church have been have been known for nearly three centuries. year, the Hawthrone Chamber of Commerce gathering in friendship and in prayer. I am cer- Among the earliest settlers of Hawthorne were was established and local chapters of the tain that the Members of the House will join the Ryerson brothers, who purchased 600 American Legion, Rotary Club and Veterans of me in paying tribute to the Church and its pa- acres of land in 1707. Their property extended Foreign Wars were opened. rishioners. E1778 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 1998 TRIBUTE TO ANTHONY MOCERI at age 13, Bert's innate ability in the culinary Under current law, all taxpayers who claim field took him to the position of manager of a the child credit with incomes above $45,000 HON. JERRY F. COSTELLO full scale restaurant by the age of nineteen. for joint filers and $33,750 for single filers will OF ILLINOIS Bert became the culinary heart of the Sardine have to make at least a rudimentary minimum IN THE HOUSE OF REPRESENTATIVES Factory whose creations continue to receive tax calculation. Many of these taxpayers will Wednesday, September 23, 1998 national recognition. also have to fill out the full alternative mini- The Sardine Factory is widely known for its mum tax (AMT) form. Not only is the AMT Mr. COSTELLO. Mr. Speaker, I rise today to impeccably prepared fresh seafood, accom- complicated, it can penalize middle-income pay tribute to Anthony (Tony) Moceri. The panied by superb wines, and exemplary serv- taxpayers who claim some of the new tax International Brotherhood of Boilermakers ice. Over these 30 years, celebrities, visitors credits such as the child credit and the Hope Local 363 in Belleville, Illinois is naming their and long-time residents and their guests, have Scholarship credit. The Department of Treas- new hall for Tony Moceri. sought out the Sardine Factory, to create new ury estimates that in 1998, the alternative min- Tony Moceri was a great union member. He traditions in a setting evocative of long-ago imum tax will cause 800,000 taxpayers to fail got his union card in San Francisco and was times. to receive the full benefits of the child credit initiated into Lodge 363 in 1942. He was a The Sardine Factory has grown in success (Hope Scholarship credit and lifetime learning dedicated, hardworking member until his re- and stature over its first thirty years. May it credit). tirement in 1984. Mr. Moceri was elected continue to achieve similar achievements long My new legislation makes nonrefundable Lodge Assistant Business Agent in 1963 and into the future. personal credits allowable against the entire moved to Business Manager in 1966Ða posi- f amount of an individual's regular tax liability tion he held for nearly twenty years. Under Mr. for 1998 and it would repeal the rule that re- Moceri's leadership, an apprenticeship pro- INTRODUCTION OF LEGISLATION duces the additional child credit for families gram was developed. This program, initiated TO PROVIDE A TEMPORARY SO- with three or more children by the amount of by Mr. Moceri in 1974, has proven extremely LUTION TO ENABLE FAMILIES the minimum tax liability. This is a one year successful. TO RECEIVE THE FULL BENE- solution for 1998 and the IRS is capable of Mr. Moceri was on the State Boiler Board FITS OF THE CHILD TAX CREDIT making this change in time for the 1998 filing and the Building Trades Committee. He also AND EDUCATION CREDITS FOR season. had the honor and distinction of serving on 1998 Without enactment of this legislation, tax- Senator Percy's Labor Task Force Committee. payers who are planning to claim the child tax Tony Moceri was married to his wife, Vera, HON. RICHARD E. NEAL credit should be warned that the computation for 44 years. OF MASSACHUSETTS of their taxes will be difficult, time consuming, I would like for my colleagues to give spe- and unnecessarily complex. Without simplify- cial recognition in honor of Local 363 naming IN THE HOUSE OF REPRESENTATIVES ing the child tax credit, the child tax credit their new facility for Tony Moceri. Wednesday, September 23, 1998 form that will be required on next year's tax f Mr. NEAL of Massachusetts. Mr. Speaker, return is a nightmare. In a recent Wall Street SARDINE FACTORY COCKTAIL today I am introducing legislation which pro- Journal article, a tax expert stated that many LOUNGE AND RESTAURANT vides a temporary waiver for taxable year people ``will be totally overwhelmed'' by re- CELEBRATES ITS 30TH ANNIVER- 1998 of the minimum tax rules that deny many quired forms. The instructions and required SARY families the full benefit of nonrefundable per- forms total eight pages. The Internal Revenue sonal credits, pending enactment of perma- Service has completed a time analysis for HON. SAM FARR nent legislation to address this inequity. completing the AMT form which will be re- Recently, I introduced H.R. 4489, legislation quired for many taxpayers claiming the child OF CALIFORNIA which would allow nonrefundable personal tax IN THE HOUSE OF REPRESENTATIVES credit and it takes approximately 5 hours to credits (i.e., the child tax credit, the HOPE and complete this form. Wednesday, September 23, 1998 lifetime learning credits, and the dependent This legislation makes claiming the new Mr. FARR of California. Mr. Speaker, I rise care credit) to offset both the individual's regu- credits, especially the child credit, simple com- today to honor the Sardine Factory Cocktail lar income tax liability and the minimum tax li- pared to the draft forms that have been re- Lounge and Restaurant on its 30th anniver- ability and repeal the rule that reduces the ad- leased by the IRS. Not only is this solution sary. The Sardine Factory is a local landmark, ditional child credit for families with three or simplification for the 1998 tax year, it enables rising above Cannery Row. The founding own- more children by the amount of the minimum substantially all families to receive credits that ers, Ted J. Balestreri and Bert P. Cutino, have tax liability. Last week, the Committee on they are entitled to for 1998. We need to created a venue that is as trendy as it is his- Ways and Means reported out the ``Taxpayer enact this legislation to prevent the average toric. Relief Act of 1998'' which included a substan- family from having to pay a tax return preparer The old oak bar in the Sardine Factory is re- tially identical provision to address the inter- to receive the benefits that were promised. puted to have sailed to the West Coast around action between the minimum tax and non- I urge you to join me in cosponsoring this Cape Horn in southern Chile in 1919. In the refundable personal credits. important legislative fix which should be en- Captain's Room, elegant antiques evoke the H.R. 4489 and the ``Taxpayer Relief Act of acted before Congress adjourns. This solution opulence of an Old World drawing room, with 1998'' provide a permanent solution to ensure should be added to revenue neutral legislation a risque touch of the Barbary coast. Historic that families receive the full benefits of the to extend the expiring provisions. Also, we photographs and oil portraits of sea captains child credit and the education credits. How- should continue to work on a permanent solu- line the walls, overseeing diners enjoying a ever, the ``Taxpayer Relief Act of 1998'' will al- tion to ensure taxpayers receive their full cred- fireside dinner. The glass dome of the Con- most certainly receive a Presidential veto and its. servatory reflects the sparkling cut-glass of a even if it were signed, I recently learned that f spectacular chandelier, which hangs over a Internal Revenue Service (IRS) would not be marble fountain amidst the verdure of a gar- capable of implementing these changes in THE JOHN MARSHALL LAW den setting. time for the 1998 tax year. For these reasons, SCHOOL MARKS ITS CENTENNIAL Ted Balestreri moved to the Monterey Pe- I am introducing this new legislation that would ‘‘A LEGACY OF OPPORTUNITY, A ninsula with his family as a teenager and provide a one year solution for 1998 to enable LIFETIME OF ACHIEVEMENT’’ worked as a busboy to pay for his education. substantially all families to receive their full Ted, recognizing the possibilities of the hospi- credits. HON. NANCY L. JOHNSON tality industry, set out to Lewis Hotel Manage- Under current law, the total allowable OF CONNECTICUT ment School in Washington, D.C. to learn amount of nonrefundable personal credits may HON. THOMAS W. EWING not exceed the amount by which the individ- more. When Ted and Bert established the OF ILLINOIS ual's regular income tax liability exceeds the Sardine Factory, Ted took charge of the mar- IN THE HOUSE OF REPRESENTATIVES keting and management, making sure the individual's tentative minimum tax. For families guests were warmly welcomed by personally with three or more children, an additional child Wednesday, September 23, 1998 greeting arrivals at the door. credit is provided and this is reduced by the Mrs. JOHNSON of Connecticut. Mr. Speak- Bert Cutino grew up near Cannery Row in amount of the individual's minimum tax liabil- er, my colleague THOMAS EWING and I submit a fishing family. After his start as a dishwasher ity. the following tribute. CONGRESSIONAL RECORD — Extensions of Remarks E1779 One hundred years ago, a group of Chicago sion. Lt. Wheaton’s decision ensured his bat- before coming to the Central Valley and lawyers shared a vision of legal education. talion was resupplied with ammunition. KYNO Radio. Currently the host of ``47 This They believed that there existed ``the need for Keeping his own battalion and a reinforcing Morning'' on KJEO±TV, John's Career has a school where men and women compelled to artillery battery resupplied was a monumental spanned 31 years and 15,000 broadcasts earn their own livelihoods could get a legal challenge which Lt. Wheaton met despite ranging from famine in Ethiopia to the Gulf education.'' That vision became a reality when great personal risk from land mines, sniper fire War live from the Middle East. He and his wife the John Marshall Law School opened its and ambush. Indeed, later Lt. Wheaton was Cheri have 5 children: Taylor, Carson, Cam- doors in 1899 with three students. seriously injured when his jeep drove over a eron, Paige and Cassandra. Over the years, the John Marshall Law land mine. His passenger was killed. Dedicated to excellence in journalism and School has added to its vision of legal edu- As a result of his efforts before and during with a strong devotion to his family, John finds cation, most notably through several innova- the Tet offensive, Col. Lee believes that Lt. the time to serve his community in numerous tions. It has expanded the curriculum to in- Wheaton's actions saved the lives of many capacities. He currently is in his sixth term as clude cutting-edge programs and degrees; it American soldiers, so he recommended Lt. President of the Foundation for Clovis has increased its students services to include Wheaton for a Bronze Star. Schools. Additionally, John is a board member legal and writing professionals skilled in train- But then, nothing happened. During the hec- of West Care Inc., the Boys and Girls Clubs ing students for the practice of law; and it has tic days following the offensive the original of America, and Chairman of ``Journey into improved the law school facilities to include a recommendation was somehow misplaced. Sherwood,'' a Valley Children's Hospital bene- three-building campus with a moot courtroom During a reunion, Lt. Col. (Ret.) Lee learned fit. In the past, Mr. Wallace had the honor of complex, a computer classroom, lecture halls that Lt. Wheaton had failed to receive the rec- serving as President of the California Raisin and a modern conference center. ognition he was due. So in July of last year Bowl, President of the Fresno State ``Time Out As the John Marshall Law School has suc- Col. Lee contacted my office to see if we Club,'' and as a member of the Fresno Police ceeded through a century of opportunity and could right a wrong and help with a resubmis- Activities League. innovation, its alumni have reaped a legacy of sion of the recommendations for Lt. Wheaton's John Wallace is no stranger to honor, as he achievement. Their success are a tribute to awards. I was happy to help. The Army re- is continually receiving recognition for his out- the John Marshall Law School . . . A Legacy quires extensive procedures to make sure the standing dedication to community service. He of Opportunity, A Lifetime of Achievement. awards it makes are merited, but over the was voted Leadership Fresno's ``Alumnus of f course of a year we were able to demonstrate the Year'' in 1989, in 1993 John was voted ``Clovis Citizen of the Year,'' and in 1996 re- LT. GERALD D. WHEATON TO our case. On Saturday, September 26 at 11 a.m. at ceived the Volunteer Bureau's ``Angel Award.'' RECEIVE THE BRONZE STAR the Ripon, Wisconsin VFW I plan to be on John Wallace has proven himself a distin- hand to offer my personal gratitude to Gerald guished community leader. HON. THOMAS E. PETRI Wheaton. We will be joined by Col. Lee and Mr. Speaker, it is with great honor that I pay OF WISCONSIN by Wheaton's former Battalion Commander, tribute to John Wallace for his selection as the IN THE HOUSE OF REPRESENTATIVES Col. (Ret.) William Malouche as Gerald D. Muscular Dystrophy Association's Humani- Wednesday, September 23, 1998 Wheaton receives the Bronze Star for meritori- tarian of the year. His service to the people of ous service, and the Bronze Star with a ``V'' the community is unsurpassed and I ask my Mr. PETRI. Mr. Speaker, on Saturday, Sep- Device for valor. I believe Lt. Wheaton de- colleagues to join me in wishing John Wallace tember 26th, I plan to be presentÐvotes per- serves the full measure of recognition and many more years of success. mittingÐfor a long overdue ceremony in congratulations that can be extended by this f Ripon, Wisconsin, for a true American hero. It was December 15, 1967. Most Americans House on behalf of a grateful nation. TRIBUTE TO THE 1998 RETIREES were getting ready for Christmas. But 1st Lieu- f OF THE STERLING HEIGHTS tenant Gerald D. Wheaton's artillery battalion PERSONAL EXPLANATION FIRE FIGHTERS UNION had just taken over a position near Chu Chi in South Vietnam previously assigned to another HON. SUE MYRICK HON. SANDER M. LEVIN battalion. Wheaton was the Battalion Ammuni- OF MICHIGAN tion Officer, and he knew he had a job on his OF NORTH CAROLINA IN THE HOUSE OF REPRESENTATIVES hands when he found that his predecessor IN THE HOUSE OF REPRESENTATIVES had left him with broken boxes, mixed lots, Wednesday, September 23, 1998 Wednesday, September 23, 1998 and in some cases missing charges. So he Mrs. MYRICK. Mr. Speaker, I was unavoid- Mr. LEVIN. Mr. Speaker, on Friday Septem- got to workÐa time consuming and exacting ably detained in my district and as a result ber 25, the Sterling Heights Fire Fighters job. The battalion had no ammunition trucks, missed rollcall votes Nos. 447, 448, and 449. Union will host their Annual Dinner-Dance so he had to beg and borrow vehicles for re- Had I been present for these votes, I would honoring their 1998 retirees. supply. have voted ``yes'' on rollcall vote No. 447, It is my distinct privilege to recognize the Six weeks later, the North Vietnamese and ``no'' on rollcall vote No. 448, and ``yes'' on five retiring firefighters for their outstanding the Viet Cong violated a ceasefire in order to rollcall vote No. 449. contributions to humanity. Fire Marshall Fred- launch their mammoth surprise Tet offensive f erick B. Cowper's important contributions to throughout the Republic of Vietnam. The first his community include implementing edu- days of the offensive were chaotic. Wheaton's TRIBUTE TO JOHN WALLACE cational and prevention programs for camps brigade was given the mission to keep the and local school districts. Battalion Chief An- main supply route open from Quang Tri Prov- HON. GEORGE P. RADANOVICH thony Maltese has spent his career raising ince to Camp Evans about 30 miles away. A OF CALIFORNIA public awareness and providing courage and North Vietnamese regiment attacked the garri- IN THE HOUSE OF REPRESENTATIVES expertise in emergency situations. Captain son at Hi Lang and cut the supply road to James L. Twork has received recognition for Camp Evans. Wednesday, September 23, 1998 his compassion, professionalism, and knowl- Lt. Col. Robert E. Lee, Jr. (then a Major) Mr. RADANOVICH. Mr. Speaker, I rise edge while performing his duties. Finally, Cap- says: today to pay tribute to John Wallace on his tain Michael J. Rudolph has taken on a variety I ordered Lt. Wheaton to move his ammu- being honored as the Muscular Dystrophy As- of responsibilities throughout his career and nition section from Phu Bi to Quang Tri City sociation's Humanitarian of the Year. Mr. Wal- received the Department Award of Valor in and be prepared to resupply C Battery in the lace has distinguished himself as a dedicated 1983. vicinity of Quang Tri City, a battery in the member of the community and is a highly re- These gentlemen have demonstrated acts vicinity of Hi Lang and a 155 battery at LZ garded member of the media. of heroism and have performed above and be- Jane. The batteries were approximately thir- John Wallace grew up in San Rafael, Cali- yond the call of duty. Indeed, the people of ty miles apart. Lt. Wheaton loaded his sec- tion on two helicopters. At the time, we were fornia and went on to accomplish great things Sterling Heights have been well-served by not aware of the magnitude of the Tet offen- for himself and his community. A graduate of their untiring care and concern. sive. The helicopters came under heavy the University of Arizona, the College of Marin Mr. Speaker, I ask my colleagues to join me ground fire and one turned back. Lt. Whea- and the Borden School of Radio, John served in recognizing these gentlemen for their dedi- ton insisted his helicopter continue the mis- in the United States Marine Corps Reserve cation, accomplishments and years of service. E1780 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 1998 I wish them good health and happiness as ness about youth suicide and make it a na- vestigate these crimes, or to help VA police they move forward in their lives. tional priority. Finally, this legislation also en- search for missing persons, or provide what- f courages communities nationwide to increase ever assistance is needed to resolve these in- awareness about and prevent youth suicide. cidents. DOLLARS TO THE CLASSROOM I would like to thank my original co-sponsor I recognize that many local law enforcement ACT of this bill, the Honorable David Skaggs of agencies are kept busy meeting the demands Colorado. I would also like to recognize the of their communities. However, it is oftentimes SPEECH OF Light For Life Foundation of America and their in the local communities' best interests that HON. ROBERT A. UNDERWOOD founders, the Emme family, who tragically lost these situations are brought to their attention OF GUAM their teenage son, Michael to suicide in 1994. and that the police are made aware of them. IN THE HOUSE OF REPRESENTATIVES It was through the vision of the Emme family The veterans who are treated at these facili- that the Yellow Ribbon Program, which is now Friday, September 18, 1998 ties, the staff who work there, and the resi- responsible for saving over 1,000 teenage dents in the surrounding communities deserve The House in Committee of the Whole lives since its inception, has become a reality. to know when a crime or other alleged inci- House on the State of the Union had under Mr. Speaker, I hope this resolution will in- dent occurs. More importantly, they deserve to consideration the bill (H.R. 3248) to provide crease awareness and help reduce the num- be protected. Their safety and security must Dollars to the Classroom: ber of teenage suicides. not be compromised by weak links in commu- Mr. UNDERWOOD. Madam Chairman, we f nication between VA police and the local law have been charged by our constituents to con- enforcement officials. struct and introduce wise legislation, yet today THE VETERANS PERSONAL Mr. Speaker, a veteran should not just ``dis- we are considering legislation which will se- SECURITY ACT appear'' from a VA medical center, like the verely hamper our Nation's efforts to improve tragic incident at Lyons. When a veteran our children's education. The Dollars to the HON. RODNEY P. FRELINGHUYSEN checks into a VA hospital anywhere in Amer- Classroom Act is riddled with faults, such as OF NEW JERSEY ica, he or she expects and deserves peace of providing no mechanism for accountability of IN THE HOUSE OF REPRESENTATIVES mind. The Veterans Personal Security Act Federal funds as well as funding general oper- Wednesday, September 23, 1998 should ensure that veterans seeking treatment ating expenses rather than national edu- at VA medical facilities will be protected from cational priorities. Mr. FRELINGHUYSEN. Mr. Speaker, I rise further harm. today to introduce the Veterans Personal Se- One of the major setbacks of this legislation f is that it does not ensure that Federal edu- curity Act. This bill is the direct result of sev- cation funds will reach our neediest students. eral incidents at the Lyons VA Medical Center SISTERLY LOVE The discretion will be left to the States, which in my district. in general have resulted in less targeted fund In late May, a Korean War Veteran who was a psychiatric patient at Lyons walked away HON. PHILIP M. CRANE distribution when compared to Federal pro- OF ILLINOIS grams. In addition, past experience has prov- from his ward, unnoticed. Several hours later, IN THE HOUSE OF REPRESENTATIVES en that the consolidation of Federal programs when he was discovered missing, the VA po- into block grants has resulted in decreased lice began to search the medical center's ex- Wednesday, September 23, 1998 appropriations for varied reasons, such as the tensive campus. That search, however, was Mr. CRANE. Mr. Speaker, as all of us know, lack of distinct Federal priorities and the lack called off, allegedly because the VA could not family is the center of American life and I want of accountability language. pay police overtime to continue. Two days to share with my colleagues an article which I am a parent and educator and I know that later, the patient was found dead in a ditch ad- exemplifies the strong family ties found among certain improvements can be made with our jacent to the main administration building. This our healthiest and happiest of families. The ar- American educational system; but H.R. 3248 veteran's death, and the lack of a proper ticle was written by Courtney Toft about her is not one of these improvements. If education search, is an atrocity. sister, Nicole, who has Rett syndrome. The af- is one of our top priorities in Congress, then In that incident, the VA did notify the local fection and devotion with which she writes we should not pass H.R. 3248. I urge my col- Bernards Township Police Department, but a permeates each word and demonstrates the leagues to vote no on this legislation. coordinated search was not requested. I also unconditional love both girls have for one an- f understand that Lyons VA medical center has other. The close relationship between had a series of alleged rapes reportedly occur Courtney and Nicole is a direct reflection of ESTABLISH YOUTH SUICIDE AS A on its campus. These incidents have not been the family life created by their mother, Carol COMPELLING NATIONAL PRIORITY reported to local law enforcement agencies, Toft, who works in my District Office in Lake and as a result, rumors have been circulating Villa, Illinois. Knowing of Carol's commitment HON. RON PACKARD among veterans, as well as the local commu- and love for her family, my heart was touched OF CALIFORNIA nity, about what has actually happened at the by Courtney's comments about her sister and IN THE HOUSE OF REPRESENTATIVES medical center. Is there a threat to the safety I simply wanted my colleagues to have an op- and security of the community at large? One Wednesday, September 23, 1998 portunity to read her article as it appeared in local police chief said that knowing the facts of the September 1998 issue of the Rett Syn- Mr. PACKARD. Mr. Speaker, I rise today to these incidents will help him answer questions drome Association of Illinois Newsletter. urge support for a resolution I introduced last posed by his community, and hopefully help week that is of fundamental importance to him ease their concerns that these crimes will SISTERHOOD every person who has ever had children and spread beyond the medical center's bound- (By Courtney Toft (age 16)) to every family that has suffered the loss of a aries. My sister, Nicole, turned nineteen on Au- loved one through suicide. The Veterans Personal Security Act would gust 3. Her personality has changed through- During this summer, while I was home in my require the VA police to immediately notify out the years, but she has always kept the district, I had the opportunity to meet my con- local law enforcement agencies if a serious sparkling eyes and the smile that lights up the room. People always say, ‘‘I think she stituent Lisa Dove, the mother of Justin Dove crime or similar incident occurs. That notifica- understands!’’ I know she understands! She who tragically committed suicide at age 16. tion must be followed up within 48 hours with knows so much more than we give her credit Justin was a well liked child who lived with a more detailed, written notification. The VA for. She is just like every single one of us ex- clinical depression and Attention Deficit Dis- would be required to notify local police if one cept she can’t express her feelings in words order. Despite several years of medical psy- of several crimes or alleged incidents occurs, like the rest of us can. Having a sister with chological treatments and antidepressant including: a missing patient, the abuse or Rett syndrome has taught me so much. If Ni- medications, Justin decided to take his own beating of a patient or staff member, the use cole had been ‘‘normal’’ our family would life. or distribution of illegal drugs by a patient or have had a different outlook on life. Nicole has always been there for me. She The purpose of this bill would be to recog- staff member or an alleged rape or any other listens to my deepest secrets and doesn’t tell nize the week of September 20±26, 1998, as felony. a soul. She laughs at all my jokes even if Yellow Ribbon Youth Suicide Awareness and Additionally, the Veterans Personal Security they are not funny and basically puts up Prevention Week. This bill would also recog- Act would grant local law enforcement agen- with all my annoying habits. Of course, Ni- nize that there is a need to increase aware- cies jurisdiction to go onto VA property to in- cole has her bad habits that the rest of the CONGRESSIONAL RECORD — Extensions of Remarks E1781 household has to put up with. Not that I’m While serving our nation in Operation Desert ers. I am grateful to them for their support of complaining, but nineteen years of the Storm/Shield, Operation Provide Hope and in the senior citizens of Philadelphia and com- Muppets and Sesame Street can be a little Bosnia, the 143rd was forced to use aircraft mend them for their dedication and hard work. extreme. I think Nicole has been a blessing to our entire family. I don’t know what we from other states due to their own inadequate f would have done without her. fleet. Despite this hardship, the 143rd per- There are so many stories to tell, but most formed admirably. PERSONAL EXPLANATION of them are the ones that only a mother, or Modernization of the fleet is a priority of the sister, could tolerate. Whenever you have a ANG and replacing the C±130 aircraft is a sig- HON. WILLIAM L. JENKINS family with two girls close in age, there is nificant component of their plan. The ANG has competition. You would think that with us outlined a modernization roadmap to reach OF TENNESSEE there wouldn’t be any. Big mistake. Nicole IN THE HOUSE OF REPRESENTATIVES has a boyfriend named Jason (cute couple!). their goals. This roadmap, based on sound I have a boyfriend named Jeff (cuter couple!) operational necessity, calls for allocating air- Wednesday, September 23, 1998 Nicole figures she should have both guys so craft based on military need, a plan endorsed Mr. JENKINS. Mr. Speaker, I rise today to she hits on mine. The sad part is, my boy- by Maj. Gen. Paul A. Weaver Jr., Director of explain my vote on House Resolution 525. friend falls for her mischievous ways. Think- the ANG. As I am sure you are aware, the ing from her point of view, I guess we really Rollcall vote 425 took place on Friday, Sep- 143rd is scheduled to receive the next eight tember 11. I was present and was participat- don’t compete. She has everyone wrapped C±130s, which moves the Air Guard one step around her finger, and I think she knows it, ing on the floor during the vote, but failed to too. closer to completing its modernization. have my vote officially recorded by the elec- I might have missed out on some things re- In my view, modernization of our forces is tronic voting device. I wish to affirm that I fully lated to sisterhood, like the part where Ni- an absolute necessity if we are to maintain an support this resolution and would have been cole was supposed to break Mom in to par- effective national security strategy. By first re- recorded as a ``yes'' if recorded electronically. enting a teenager. You know, all the bad placing the oldest and most inefficient aircraft, habits: boyfriends, curfews, driving, and all we can ensure our armed forces will be well f the other things that every parent looks for- equipped should the time come to act. I be- ward to. Things I haven’t missed include IN HONOR OF HISPANIC HERITAGE time together styling her hair, polishing her lieve allocating the eight C±130s will be a sig- MONTH nails, and going shopping. We recently had nificant step toward modernizing the ANG's our first adventure together where she and I fleet. picked out some really cool clothes for her. f HON. DENNIS J. KUCINICH Her eyes and smile told me that she thought OF OHIO it was the coolest thing! HONORING THE PHILADELPHIA IN THE HOUSE OF REPRESENTATIVES We’ve grown up not only physically, but PROTESTANT HOME emotionally. We’ve developed an admiration Wednesday, September 23, 1998 for one another, and I’m very lucky to have Mr. KUCINICH. Mr. Speaker, I rise today to a sister like her. HON. ROBERT A. BORSKI OF PENNSYLVANIA celebrate Hispanic Heritage Month, a month f long celebration beginning on September 15, IN THE HOUSE OF REPRESENTATIVES and lasting until October 15. THE C–130 PROGRAM Wednesday, September 23, 1998 America strives on the diversity of its peo- Mr. BORSKI. Mr. Speaker, I rise today to ple. As a nation, we pride ourselves on the HON. BOB WEYGAND honor the Philadelphia Protestant Home on fact that our national character is magnified by OF RHODE ISLAND the occasion of the grand opening of their new citizens who assert and respect cultural cus- IN THE HOUSE OF REPRESENTATIVES healthcare center, Pathways at PPH. This out- toms brought from other lands. Hispanics, Wednesday, September 23, 1998 standing organization has a 108 year tradition nearly five-hundred years ago, came to this Mr. WEYGAND. Mr. Speaker, there has of caring for the senior citizens of all faiths of country in search of democracy, freedom and been a great deal of debate over the past cou- Philadelphia. a better way of life. ple of months regarding the C±130 aircraft in- Located in Northeast Philadelphia, PPH pro- Throughout history, Hispanic Americans cluded in the FY99 National Security Appro- vides care for seniors from that area and the have immensely contributed to the well-being priations bill. These planes have been referred surrounding counties. Over the years, the non- and advancement of our nation. Through to as wasteful, unnecessary pork. I must re- profit home has grown from one small science, business, government, agriculture, spectfully disagree. Continuation of the C±130 rowhome on York Street to a bustling 12 acre academics and the Armed Forces, Hispanic program is of critical importance to our na- campus housing over 500 residents. PPH of- Americans have made their presence known tional security because it allows for a more fers independent living, assisted living, and in American history. They have undauntedly complete integration of the Air National Guard skilled health care. PPH strives to provide fought to preserve democracy in America, with their active duty counterparts. quality, affordable care and to create an envi- having served in the United States Armed Although these aircraft have provided con- ronment in which seniors can enjoy their re- Forces in dimensions much larger than their sistent and reliable service to our country, tirement years to the fullest. That environment percentage of the population. some of the ANG's fleet of C±130s are ap- includes a full activities program with concerts, Hispanic Heritage month is a time to ac- proaching 40 years of service. After the nu- swimming, bowling, exercise classes, crafts, knowledge the contributions that Hispanic merous years of activity, time has taken its toll religious services, trips, and other events. Americans have made to our country, and are on the planes. Some of the aircraft are heavily Each year, PPH provides almost one million continuing to make. Communities all over the corroded and nearing the end of their service dollars in benevolent care for seniors who nation are celebrating Hispanic Heritage life. Mr. Speaker, replacing outdated aircraft is have exhausted their resources. Month, each in their own distinct manner. In not ``pork;'' it's an operational necessity. Re- PPH strives to be a good neighbor and as- Cleveland, the Cuyahoga Community College placing outdated aircraft is not ``pork'' it's a sist other community groups. They provide as- Hispanic Steering Council is coordinating the safety issue. sistance to seniors who remain in their homes Festival Hispano, featuring performances, For example, the 143rd Airlift Group of the through their non-profit home healthcare agen- workshops and lectures celebrating Hispanic Rhode Island Air National Guard is one of six cy, CareMasters of PPH. They contribute to culture and tradition. units in the country still using the C±130Es. the quality of life in their neighborhood by My fellow colleagues, please join me in The requirements of the ANG and the active opening their facility to these groups so that sending a special thanks to the following orga- forces have outgrown the capability of the C± they have a place to meet and conduct their nizations for their outstanding contributions to 130Es. The cost of maintaining and updating work. They sponsor free community events making the Cleveland Festival Hispano, such these 30-year-old planes to operationally safe and always try to assist seniors from the com- a success: Beck Center for Cultural Arts, Case standards exceeds the cost of the modern, munity and their families and caregivers. Western Reserve University, Centro Cultural more capable C±130J or H aircraft. In addi- Pathways at PPH was made possible, in Hispano de Cleveland, City of Cleveland, The tion, the Rhode Island ANG planes lack defen- part, through the generous donations of time Cleveland Cinematheque, Cleveland State sive systems that are a necessity in today's and money from many PPH residents, em- University, John Caroll University, Julia de global climate. In particular, Rhode Island's C± ployees, family members, community mem- Burgos Cultural Art Center, Cleveland Public 130s have documented corrosion due to their bers, supporting congregations, PPH Ladies Library, M.Q. Productions, Cleveland Museum years of service in the Pacific. Auxiliary, local businesses, and numerous oth- of Art, Ohio Hispanic Social Service Workers E1782 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 1998 Association, The Cleveland Orchestra, Phan- Also in Punjab, Sikhs are picked up in the lars! It is time India is held accountable for its tasmagoria Gallery, Spanish American Com- middle of the night only to be found floating continued violation of basic human rights! mittees, Cuyahoga Community College, and dead in canals with their hands and feet The Sikhs, Muslims, Christians, ``untouch- the Westside Vet Center. bound together. Some Kikhs are only so fortu- ables,'' and women of India are desperately f nate, many are never found after their abduc- looking to this Congress for help. The time tion. has come for action, it is time for America to FOREIGN OPERATIONS, EXPORT Recently, the India Central Bureau of Inves- take a stand! FINANCING, AND RELATED PRO- tigation (CBI) told the supreme court that it Considering all this, the President still re- GRAMS APPROPRIATIONS ACT, had confirmed nearly 1,000 cases of unidenti- quested $56.5 million in development assist- 1999 fied bodies that were cremated by the military! ance for India in fiscal year (FY) 1999. That is And it does not get any better in Kashmir. an increase of almost $1 million over last year. SPEECH OF Women, because of their Muslim beliefs, are As everyone is aware, as a result of India's HON. DAN BURTON taken out of their homes in the middle of the recent nuclear test, the President has imposed OF INDIANA night and are gang-raped while their husbands a broad range of sanctions on India for viola- IN THE HOUSE OF REPRESENTATIVES are forced to watch and wait inside at gun- tion of section 102(b) of the Arms Export Con- point. trol Act. Also known as the Nuclear Prolifera- Thursday, September 17, 1998 It was hoped that the new governments in tion Prevention Act of 1994, or more popularly, The House in Committee of the Whole Delhi and Punjab would stop the repression the Glenn AmendmentÐit prohibits a variety House on the State of the Union had under which the Indian Supreme Court describes as of assistance and commercial transactions be- consideration the bill (H.R. 4569) making ap- ``worse than a genocide!'' tween the U.S. and any country if the Presi- propriations for foreign operations, export fi- Mr. Speaker, opponents will say the recent dent determines that that countryÐif it is a nancing, and related programs for the fiscal election in Punjab of a Sikh dominated coali- non-nuclear-weapon stateÐhas detonated a year ending September 30, 1999, and for other tion and the fact that an ``untouchable'' is now nuclear explosive device. purposes. the President of India is evidence of their India has disregarded regional and inter- Mr. BURTON of Indiana. Mr. Chairman, democratic progress. national stability by placing missiles and ex- Today I want this Congress to focus on a gov- But, I can tell you that this new government ploding thermonuclear weapons, fission weap- ernment that has spent years practicing torture in Punjab is closely aligned with the ons, and hydrogen bombs near the Pakistan on its own people. However, when you go authoritiarian BJP Prime Minister Gudjaral of border. Indeed, their behavior has been clearly home and turn on the evening news, good India and India's ``untouchable'' president is unacceptable, and they are being properly luck trying to find any story that reveals this merely a figurehead. Mr. Speaker, would de- punished. I applaud the President for his for- particular human rights issue. And better luck mocracies continue the rampant campaign of titude. getting this administration to pay any attention genocide? And, if the President continues to follow to the plight of thousands of innocent civilians. On July 22, 1998, Baljit Singh, a Sikh youth through with the current law, this should send We speak of tragedies all over the world of Burj Dhillwan Village, died of complications a strong signal to the Indian Government that this time of the year. We speak of the strug- from torture-style brutality inflicted by the Pun- it is not going to be business as usual with the gles in Africa, Cambodia, and Burma. We rep- jab police. United States. rimand China for its draconian abortion poli- Also in July of 1998, police picked up Mr. Speaker, the American people are tired cies and illegal human organ sales. We threat- Kashmira Singh of the village of Khudial Kalan of helping bullies who punish their own people en to stop international military and edu- on the pretext that they were investigating a and threaten neighbors. India is still the 5th cational training (IMET) from Indonesia for theft. They then tortured him for 15 days. They largest recipient of U.S. foreign aid in the abuses in East Timor. We even criticize long- rolled logs over his legs until he couldn't walk; world; India is the world's largest borrower standing allies like Turkey for its treatment of they submerged him in a tub of water; and from the World Bank with more than $44 bil- its Kurdish citizens without addressing the bru- they slashed his thighs with razor blades and lion in loans; India votes against the U.S. at tal murders carried out by the PKK, a Kurdish stuffed hot peppers into the wounds. the United Nations more often than any other Marxist terrorist organization. On April 1, 1998, Brother Luke, a Roman country, except Cuba. Unfortunately, there is one human rights Catholic priest was murdered in the eastern It does not justify sending more hard-earned issue that continues to escape the attention of state of Bihar. His body was found with a bul- tax dollars to a country that claims to be the this administration, some Members of Con- let hole through the head. He was a member largest democracy in the world, but obviously gress and the media. That issue involves the of Mother Teresa's world-renowned charity or- shares none of our most cherished values. plight of the Sikhs in Punjab or Khalistan; the ganization. This is the fourth priest in 2 years Democracies don't commit genocide! plight of the Kashmiris; the plight of Christians that has been murdered in India. Let's put the brakes on the foreign aid gravy in Nagaland; and the plight of the ``untouch- On October 30, 1997, Reverend A.T. Thom- train to India! ables'', the lowest caste in India's caste sys- as was found beheaded also in Bihar, appar- Ask the President not to waver on his tem. ently killed for aiding the no-caste ``untouch- stance with India! Mr. Speaker, the Indian Government is one ables.'' Amnesty International has linked the f of the world's worst human rights abusers. Bihar state government to the murder of Rev. You may ask, well if that's true, why doesn't Thomas! The Catholic Bishops conference of 80 YEARS OF HISTORY OF McGEE the world know? India has criticized the government for doing AVENUE BAPTIST CHURCH, Since the 1970's, Amnesty International and nothing to protect Catholic priests and for fail- BERKELEY, CA 1918–98 other human rights groups have been barred ing to prosecute those responsible. from India. Mr. Speaker, even the Government On July 12, 1997, in Bombay, 33 Balits HON. BARBARA LEE of Cuba allows Amnesty into their country. (black untouchables) were killed by Indian po- OF CALIFORNIA In fact, there are half-million Indian soldiers lice during demonstrations. IN THE HOUSE OF REPRESENTATIVES occupying Punjab, and another half-million On July 8, 1997, 36 people were killed in a Wednesday, September 23, 1998 troops occupying Kashmir. Since 1947, India train bombing in Punjab. Two ministers of the has killed over 200,000 Christians in Punjab Government have blamed the Punjab Ms. LEE. Mr. Speaker, from an idea con- Nagaland; 250,000 Sikhs in Punjab from police. The bombing occurred a day after 9 ceived by the late Reverend Silks Lincoln Till- 1984±1992; and 53,000 Muslims in Kashmir policemen were convicted of murder! man, a tiny Mission was organized in 1918 at since 1988. On March 5, 1997, a death squad picked up 1934 Bonita Avenue in Berkeley, California. For the last sixteen years, I have been com- Kashmir Singh, an opposition party member. The purpose of the Mission was to meet the ing to this well to call attention to Punjab, He was thrown in a van, tortured, and mur- spiritual needs of the citizens in the rapidly where the Indian military receives cash boun- dered. Finally, his bullet-ridden body was growing city of Berkeley. The name, Mt. ties for the slaughter of innocent children. And dumped out on the roadside. Pleasant, was given to the Mission because of to justify their actions, they are labeled ``terror- These military forces operate beyond the the great love Reverend Tillman had for Mt. ists''. law with complete impunity! Pleasant Baptist Church in his native home of According to our own State Department, Mr. Speaker, the United States should not Mississippi. Rev. Tillman served both as Pas- India paid over 41,000 cash bounties to police support a government that condones wide- tor and Sunday School Superintendent of Mt. for killing innocent people from 1991±1993! spread abuses with our hard-earned tax dol- Pleasant Mission. CONGRESSIONAL RECORD — Extensions of Remarks E1783 During the early years, several ministers I join in joyous celebration with Pastor Wil- and a life member of the NAACP, having re- were called to the church during the period son, the McGee Avenue Baptist Church mem- ceived that organization's ``Black Church Reli- from 1921 through 1930. In 1930, the church bers and its friends and look forward to contin- gious Leadership Award'' and its ``Distin- was moved from its original location to its ued growth, worship, grace and service to guished Service Award.'' present site on the corner of McGee Avenue God and the people. Mr. Speaker, as he prepares to depart St. and Stuart Streets in Berkeley. During the f Andrew's, Father Austin Cooper, Sr., will be Great Depression, the Mt. Pleasant Church remembered as a strong leader whose self- building was destroyed by fire and was rebuilt A SALUTE TO FATHER AUSTIN R. less devotion is unmatched. I have been privi- under the direction of Pastor C. Brown. In COOPER, SR. leged to share a special friendship with Father 1935, Reverend James Dee Wilson accepted Cooper and members of his family. He is the pastorate of Mt. Pleasant Baptist Church. HON. LOUIS STOKES someone whom I respect and admire. He is Through his leadership and ministry, Mt. OF OHIO also a confidant whose wisdom and guidance Pleasant became a moving force in the life of IN THE HOUSE OF REPRESENTATIVES has meant a great deal to me. I extend my Berkeley. In 1944, the name of the church best wishes to Father Cooper, his devoted Wednesday, September 23, 1998 was changed from Mt. Pleasant to McGee Av- wife of 37 years, Patty, and the Cooper chil- enue Baptist and incorporated during the Mr. STOKES. Mr. Speaker, I am proud to dren; Austin Rellins II, Angela and Patricia. I same year. rise today to pay tribute to Father Austin R. join the St. Andrew's Church family in wishing Reverend Wadie H. Sypert, serving in the Cooper, Sr. Later this month, Father Cooper, him Godspeed in the years to come. capacity of Assistant Pastor, accepted the call who serves as a rector at Saint Andrew's f as pastor of the Church in 1950. He was a Episcopal Church, will retire after 38 years of man of versatility and was an accomplished ministry and service to the church and com- DOLLARS TO THE CLASSROOM pastor as well as an educator. The mortgage munity. As Father Cooper prepares to depart, ACT of the Church was burned under his leader- the St. Andrew's Church family is hosting a SPEECH OF ship and Rev. Sypert retired in 1971. Rev- series of special events to commemorate Fa- erend James H. Stewart accepted the pas- ther Cooper's extraordinary and distinguished HON. ADAM SMITH torate in October 1971. He took the reins of career. I join St. Andrew's and the greater OF WASHINGTON leadership with enthusiasm and expanded the Cleveland community in saluting Father Coo- IN THE HOUSE OF REPRESENTATIVES church programs to great proportions. He up- per on this occasion. I want to share with my Friday, September 18, 1998 graded the existing facilities and acquired ad- colleagues and the nation some information ditional properties. The House in Committee of the Whole regarding this outstanding individual. House on the State of the Union had under During the late 70's and early 80's the Austin Rellins Cooper, Sr., is the son of the church expanded its mission to feed the indi- consideration the bill (H.R. 3248) to provide late Benjamin and Louise Cooper. His parents Dollars to the Classroom. gent and unemployed. Two hundred to three were two very devout Anglicans from the Ba- hundred persons are provided hot meals three Mr. ADAM SMITH of Washington. Mr. Chair- hama Islands who came to America as teen- man, I would like to take this opportunity to days a week. After 21 years as pastor, Rev. agers. Father Cooper graduated from St. Stewart retired in June, 1992. On February 21, explain my support for the Dollars to the Augustine's College in Raleigh, North Caro- Classroom Act. As a strong supporter of local 1993, Rev. D. Mark Wilson was installed as lina, receiving a Bachelor of Arts degree in pastor of McGee Avenue Baptist Church. control of the public education system in our Sociology. He received his Master of Divinity country, I believe a top priority of Congress Within a 6-year period, Rev. Wilson has led degree from Seabury-Western Theological the Church to new heights. McGee Avenue should be to assure Federal funds for edu- Seminary in Evanston, Illinois. cation go to the local level where members of Baptists Church became a strong and well- Mr. Speaker, on September 15, 1970, Fa- represented Church in the American Baptist our community can determine the best use of ther Cooper was installed as rector at Saint these funds. In light of this view, I support the Churches USA and as a member of the Pro- Andrew's Episcopal Church. Before coming to gressive National Baptist Convention. concepts encompassed in this legislation of Cleveland as a pastor, Father Cooper held Under Pastor Wilson's administration, the block granting select education programs and other positions in the Episcopal Church includ- thousand members historic black Baptist assuring 95 percent of Federal funds go to the Church has strengthened spiritual witness and ing assignments which found him in Florida, local level. I will vote for this bill because I see fellowship with the congregation and in the New York and Texas. Father Cooper is greatly it as a step in the right direction. local community. The Church has received admired by his parishioners for his spiritual The underlying question we must ask in this funding from the City of Berkeley to expand its guidance, management of the church and debate is ``Do we believe in local control?'' If social justice ministries. It continues in collabo- leadership of the congregation. In fact, every we say that our local teachers, administrators, rative efforts with local community-based orga- place that Father Cooper has served has been and parents should have control over the edu- nizations in establishing outstanding programs touched by his determination and commitment. cation of students, we must carry though with for youth and adults: HIV and Aids Education, When Father Cooper was installed as rector that ideal and hand over the decision making Computer Literacy, Educational Aid and Bible of St. Andrew's Church, the parish was suffer- authority for education dollars to these individ- Study. ing financially. Undaunted, Father Cooper uals. I fundamentally believe in local control Pastor Wilson is well known throughout the wrote ``A Master Plan for St. Andrew's Parish.'' because the people in my community who country as a dynamic preacher, musician and The plan included parish renewal, neighbor- dedicate their lives to educating children know social justice activist. He has served on nu- hood outreach, property acquisition and eco- better than Members of Congress how funds merous boards and organizations as past nomic development. Under Father Cooper's could best serve our students. Chair of the Political Action and Human Rights leadership, an endangered church became a In addition, when I visit schools in my dis- Committee of the Progressive Baptist State financially sound institution that bought its trict, teachers and administrators tell me they Convention and a former Northern California mortgage ahead of time. need more funds for education and fewer reg- Regional Convenor of the American Baptist With Father Cooper at the helm, Saint An- ulatory requirements from the Federal Govern- Black Caucus. drew's Church has also been a beacon of light ment. This legislation begins to focus on the In 1996, the Church created the McGee Av- in the Cleveland community. The church has problem of Federal Government regulations enue Baptist Church Community Development placed a strong emphasis on education, pro- and takes step to eliminate the requirements Corporation for senior housing and facilities for viding mentoring and tutoring programs for the for funding with which teachers and adminis- the Church outreach program. Pastor Wilson, youth of our community. As a testament to his trators must comply. For example, I strongly with the congregation, defined the motto and efforts, I am proud to note that Father Cooper support the expansion of the ED±FLEX pro- mission statement of the Church. On Septem- has served longer than any other priest in the gram to all 50 States included in this bill. This ber 8, 1997, construction began on the McGee history of St. Andrew's. program provides the regulatory flexibility that Avenue Baptist Church Kitchen Remodeling In addition to his work at Saint Andrew's, the schools in my area are asking for and I and its completion assured the continuation of Father Cooper is a member of the Standing am an advocate of expansion. its food project. McGee Baptist Church estab- Committee of the Diocese of Ohio and he is I share the concerns of my Democratic col- lished a fully equipped Community Computer listed in Who's Who Among Black Americans leagues that historically block grants lead to Center, instituted Home Bible Studies and has and Notable Americans. Additionally, he is the cuts in funding over time. I plan to be vigilant licensed and ordained a growing number of cofounder and past president of the Union of in assuring that the Federal Government con- ministers of the gospel. Black Episcopalians, and the past president tinues to provide adequate education funding. E1784 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 1998 As always, this battle will be fought in the ap- suits which became collectively Brown v. It is clear to all who knew her and knew of propriations process, and I plan to be a leader Board of Education of Topeka, Kansas. Those her that Sylvia Kling was an extraordinary in assuring education funds are not cut. Sup- cases began the process of desegregating our woman whose tireless devotion to the resi- porters of education must continue to work nation's public schools. dents of South Florida will be forever remem- within the constraints of the budget to assure Eliza Briggs' place in history has been often bered. Her family will miss her, South Florida education is made a top priority. overlooked. She and her husband signed the will miss her, and I will miss her. While I feel this bill is a small step in the lawsuit in 1949 that challenged fairness of right direction, there is still much work to be Clarendon County's segregated school sys- f done to improve our public school system. I tem. For decades following the lawsuit, the will support this bill but I feel very strongly that Briggs family suffered through stress and un- A TRIBUTE TO ST. ADALBERT we cannot let the changes incorporated in the rest due to their decision. The Briggses were CONGREGATION legislation lead to cuts in education funding. fired from their jobs and forced to move to f Florida to be freed of the community backlash. HON. GERALD D. KLECZKA Later in life the Briggses returned to OF WISCONSIN SALUTING SESQUICENTENNIAL Clarendon county, and over time have were CELEBRATION FOR OUR LADY accorded the respect they deserved for their IN THE HOUSE OF REPRESENTATIVES OF VICTORY CHURCH ROCH- self-sacrifice in order to make South Carolina Wednesday, September 23, 1998 ESTER, NY better. Mr. KLECZKA. Mr. Speaker, I rise today to Ms. Briggs has been described by friends pay tribute to St. Adalbert Church in South and family as a humble woman full of grace HON. LOUISE McINTOSH SLAUGHTER Milwaukee, Wisconsin, on the occasion of the and charm. She was one of many unsung he- OF NEW YORK congregation's 100th anniversary. I join with roes during the Civil Rights Movement that IN THE HOUSE OF REPRESENTATIVES the Rev. Herbert B. Schubert and his parish- should be celebrated and remembered for put- ioners in celebrating this very special event. Wednesday, September 23, 1998 ting her country before herself. She was pre- The congregation was named in honor of Ms. SLAUGHTER. Mr. Speaker, today I rise sented the Order of the Palmetto, the highest St. Adalbert, a 10th Century patron saint of to pay special tribute to the legacy of Our commendation a South Carolina citizen can Bohemia and Poland. Its beginnings were Lady of Victory Church in Rochester, New receive. rather humble, but with great determination York. The parish will celebrate its 150th year Mr. Speaker, I ask you to join me today in and hard work, a small church was built in of ministry during a special Jubilee Celebration honoring Eliza Briggs for her great work as a 1898, with a rectory built two years later. Rev. on Sunday, September 27, 1998. Civil rights Movement trailblazer. Her hard Ladislaus Mscisz was St. Adalbert's first pas- Our Lady of Victory Church in Rochester work should be remembered and celebrated tor, and served until 1912. was organized in 1848, after Bishop John by this House. Ms. Eliza Briggs will be sorely Timon saw the need for his small congrega- missed. By 1905, Franciscan Sisters of St. Francis tion of French parishioners to have a church f replaced lay teachers, and the church and school were enlarged. Rev. Bernard Burant of their own. The church, which was estab- IN MEMORY OF SYLVIA KLING lished with approximately 300 parishioners, succeeded Rev. Mscisz, but remained only was known from that time until 1868 as St. nine months, after which Rev. Clement Zych Mary's French Catholic Church. Their building HON. PETER DEUTSCH was appointed as the congregation's third pas- was located at the corner of Ely Street and Mi- OF FLORIDA tor. Rev. Zych faithfully served St. Adalbert's nerva Place in Rochester, New York. IN THE HOUSE OF REPRESENTATIVES for 24 years, and during that time the con- Under the capable leadership of its pastors, Wednesday, September 23, 1998 gregation continued to grow. By 1927, a new church, school and convent was built. the parish thrived and grew. New worship Mr. DEUTSCH. Mr. Speaker, I rise today to sites were erected over the years. Throngs of honor the memory of Sylvia Kling. Sylvia The years following the stock market crash people attended daily Mass, Novenas, adora- passed away last Sunday and she will be of 1929 were difficult for St. Adalbert's, but the tion of the Blessed Sacrament, and confession greatly missed in the South Florida commu- congregation was determined to survive. With in the 1950's 1960's and 1970's. nity. the depression came some very trying times, Today, 150 years after its establishment, the After spending a large portion of her life in with increasing debts. In 1937, Rev. Zych was parish at 210 Pleasant Street, Rochester, New her native New York, Sylvia and her husband transferred to St. Adalbert's in Milwaukee, and York, enjoys its designation as a National His- moved to Plantation, Florida, in 1973. This is Rev. Ladislaus Bednarski became pastor. toric Landmark. There are 400 congregants where they both began their extraordinary Druing Rev. Bednarski's tenure as pastor, the and over 100 people attend their noon Mass work improving the lives of South Floridians. debt was refinanced, but problems remained. each day. The parish, which is centrally lo- For more than 15 years, Sylvia Kling volun- Rev. Theodore Lepak became pastor in cated in the downtown area, also serves as a teered at the Broward County Democratic Ex- 1950 after Rev. Bednarski was transferred to haven for many who have no home. ecutive Committee's headquarters. Her devo- Blessed Sacrament in Milwaukee, but he be- I am very proud of this long established and tion to the principles of the democratic process came ill shortly thereafter and passed away in influential parish in my home district. Today, I kept her very busy. Sylvia was continually ac- 1951. Rev. Michael Staczak was appointed ask that my colleagues pause with me to tive making fliers, working at phone banks, pastor in 1951, and served until his retirement honor the legacy of one of America's thriving putting cards in doors, and standing at the in 1975. During that time, due to the generos- parishes: Our Lady of Victory Church in Roch- polls with candidates of her choice. This dedi- ity of the congregation, the mounting parish ester, New York. I am greatly honored to join cation did not go unrecognized. Five years debt was retired, and a new addition was many others in congratulating Our Lady of Vic- ago, she was honored by the county's Execu- added to the school. Unfortunately, shortly tory for their service to humanity. tive Committee as its volunteer of the year. In after completion, a gas explosion destroyed f addition, Sylvia was elected as a delegate to most of the new building. In 1968, the building the 1996 Democratic National Convention in was rebuilt and dedicated. TRIBUTE TO ELIZA BRIGGS Chicago. In July of 1975, the present pastor, Rev. Though the political arena was very impor- Herbert Schubert, was appointed by Arch- HON. JAMES E. CLYBURN tant to Sylvia Kling, Sylvia's dedication to bishop William Cousins. Since then, St. OF SOUTH CAROLINA other causes was truly remarkable, as well. Adalbert's has seen the addition of kinder- IN THE HOUSE OF REPRESENTATIVES She worked to connect Jewish women with garten and junior kindergarten classes, a new their roots in her association with Hadassah. pipe organ, and a number of updates to the Wednesday, September 23, 1998 Furthermore, Sylvia was interested in inter- facilities. Mr. CLYBURN. Mr. Speaker, I rise today to national matters as she was a member of both St. Adalbert Congregation has been truly pay tribute to Ms. Eliza Briggs of Summerton, the Women's League of Israel and the Jewish blessed in 100 years of service to the Lord South Carolina, who died at the age of 81 on War Veterans women's auxiliary. Sylvia was and to the community. Congratulations to St. September 15 of heart failure. Ms. Briggs and also a loving wife, mother, sister, grand- Adalbert's and all its members on this very her late husband Harry Briggs were among mother, and aunt. Mr. Speaker, I can't think of special anniversary. May the congregation the principle petitioners in the lawsuit Briggs v. anything more important than one's relation- continue to grow and prosper as it begins its Elliott, which became the first of the five law- ship with their family. second century of service. CONGRESSIONAL RECORD — Extensions of Remarks E1785 CHILD LABOR IN AGRICULTURE: longer dominated by family farms, with parents First, I include the statement of Secretary of CHANGES NEEDED TO BETTER and children working together in a family en- Labor Alexis Herman. During Secretary Alexis PROTECT HEALTH AND EDU- terprise and with parents who look out for their Herman's tenure, the Department of Labor has CATIONAL OPPORTUNITIES children's health and well-being. Today, Mr. undertaken new efforts to combat illegal child Speaker, major agricultural conglomerates labor, and she has focused specifically on HON. TOM LANTOS control much of agricultural production and the child labor in agriculture. This summer, the OF CALIFORNIA workforce are hired employeesÐnot family Labor Department placed major enforcement members who are working together on a fam- IN THE HOUSE OF REPRESENTATIVES emphasis on ``salad bowl'' crops such as let- ily farm. Given these and other changes, the tuce, tomatoes, cucumber, onions, and garlic. Wednesday, September 23, 1998 GAO report raises serious questions about As a result of the ``Operation Salad Bowl'' ini- Mr. LANTOS. Mr. Speaker, on Thursday, why children in agriculture should be treated tiative, the Department of Labor has found September 17, 1998, my colleagues, Con- any differently than children working in other children as young as six years old in the fields gressmen HENRY WAXMAN and BERNIE SAND- industries. harvesting our nation's produce, and signifi- ERS, and I made public an important GAO re- Under current federal law, children working cant fines were levied against the perpetra- port which we requested on the use of child in agriculture receive less protection than chil- tors. labor in US domestic agriculture at a press dren working in other industries, because of Secretary Herman also initiated the ``Work conference in front of the US Capitol. Joining many outdated and outmoded exceptions Safe This Summer'' program which launched us for the release of that report was the U.S. which have been included in the law for family a major effort on promoting child labor compli- Secretary of Labor Alexis Herman. farms. For example, children age 12 and 13 ance through education and outreach in agri- The reportÐentitled ``Child Labor in Agri- can work unlimited hours outside of school in culture and rural communities. The Depart- culture: Changes Needed to Better Protect nonhazardous agricultural occupations, but ment of Labor is also creating partnerships Health and Educational Opportunities''Ðfinds children that same age are absolutely prohib- with employers who have agreed to take ex- that current legal protections, enforcement, ited from working in nonagricultural occupa- traordinary, pro-active steps to promote com- and educational opportunities for children of tions. This means that a 13-year-old cannot be pliance with our nation's child labor laws by the fields are grossly inadequate. paid to do clerical work in an air-conditioned the agricultural industry. Although these findings are quite disturbing, office, but the same youngster can pick straw- Mr. Speaker, we must give our Secretary of they validate what I and others have sug- berries under the blazing summer sun. In Labor the tools necessary to combat illegal gested for some time. some instances, children as young as 10 child labor by supporting the President's new Taken as a whole, the GAO report estab- years old are working in the fields harvesting child labor budget, in order to have the re- lishes that (1) we must have more and better our nation's produce. sources to fight against abusive child labor information about children working in the fields Mr. Speaker, I have introduced legislation to both at home and abroad. The President's ini- and the consequences of this work for their fu- deal with many of these problems that have tiative to fight abusive child labor and address ture, (2) we must provide better protections for been identified in the GAO report. My bill is child labor problems will: (1) make the US the H.R. 1870, the ``Young American Workers Bill these children, and better enforcement of ex- world leader in supporting programs to reduce of Rights Act,'' and I am a cosponsor of H.R. isting laws, and (3) we need better assurances abusive child labor around the world; (2) will 4450, the ``Children's Act for Responsible Em- that current programs designed to help these reduce the potential supply of child workers in ployment (CARE),'' which would take children children are really working. agriculture by providing an increase in migrant In its report, the GAO found that children under the age of 14 out of the fields. This leg- education to ensure that children are in the who work as migrant and seasonal workers islation was introduced by the Democratic classroom, not in the fields; (3) will reduce the ICHARD A. GEPHARDT are treated as an underclass with few opportu- Leader, Congressman R demand for illegal child labor for enhanced en- of Missouri. nities to improve their future. The report ac- forcement and better data; and (4) will help us Both of these bills would create an excep- knowledges that we in Congress no longer review and update child labor hazardous occu- tion only for the family farm, where children have the time or luxury to debate whether would still be able to assist their parents in pation orders which regulate child safety in the there is a domestic child labor problem; the re- working on their own farms. These bills would workplace. port finds that there is a serious problem that raise the level of protections that are provided STATEMENT OF ALEXIS M. HERMAN, U.S. must be addressed without further delay by for children working in agriculture to be equal SECRETARY OF LABOR the Congress. to the protections that are provided for chil- Thank you Congressman Lantos for your The GAO report reached a number of very dren working in other industries. introduction and leadership. Let me also disturbing conclusions: (1) hundreds of thou- Mr. Speaker, I call for hearings in the next thank all of the other Members of Congress sands of children work in U.S. agriculture with for joining us today and for helping to put Congress to evaluate the adequacy of our ex- the spotlight on children who toil on Ameri- severe, often fatal, consequences for their isting child labor laws, particularly as they health, well-being, and academic achievement; ca’s farms. apply to children in agriculture. I also intend to Let me begin by saying I am here today be- (2) children working in agriculture receive less submit legislation in the next CongressÐif the cause fighting abusive child labor is one of protection under the law, allowing them to voters of San Mateo County and San Fran- my top priorities. And I wanted to be here to work at younger ages, longer hours, and in cisco, California, make the decision that I de- say that we welcome the General Accounting more hazardous tasks than their counterparts serve to continue to represent them in this Office review of the Department of Labor’s working in other industries; (3) weaknesses in bodyÐto provide additional protection for chil- efforts. We are committed to ensuring that our child labor program is as effective as enforcement and data collection procedures dren in agriculture and to deal with the specific mean that child labor violations are not being possible. inadequacies that have been identified in this As Secretary of Labor, my bottom-line is detected; and (4) a number of programs are GAO report. simple: One child working in abusive condi- available to help educationally and economi- It is clear from this GAO report that changes tions is one too many. cally disadvantaged children, but little is are needed in how we protect children working I want to see that young kids all over this known about how they help migrant and sea- in agriculture. I am pleased to see that the US country * * * grow up safe and sonal farmworker children. Department of Labor has already responded secure * * * that they learn in schools in- Given these findings, it would be irrespon- to some of GAO's recommendations, andÐ stead of labor on the farms * * * that they sible to stand by and do nothing. In fact, the spend their time on homework, not under the outstanding leadership of Labor fieldwork. GAO in this report challenges the Congress to Secretary HermanÐit has implemented some And that is a commitment shared by Presi- carefully evaluate whether current federal laws of its own initiatives to deal with child labor in dent Clinton. We must do better—and we adequately protect children working in agri- agriculture within the confines of current law. must do more to end abusive child labor. And culture. It is time for the Congress to enact legislation the President made this clear in his State of As GAO pointed out, current law may not which rids our nation of unequal protection for the Union address in January of this year. only be inconsistent with the emphasis our na- children working in agriculture. It is time to That’s why we requested the largest increase tion places on the safety, health, and aca- pass the Young American Workers' Bill of in our nation’s history to fight international child labor. demic achievement of children, but also with Rights Act and the CARE Act. But we know we can’t lead internationally the long-term economic changes in agri- Mr. Speaker, I would like to placed in the if we don’t clean up our own backyard. And culture. This particular field of economic activ- RECORD two statements which were made at so we have pledged to work with Congress- ity no longer merits separateÐand unequal our press conference last week releasing the man Lantos, Senator Harkin and others to protectionsÐfor children. Agriculture is no GAO report on children working in agriculture. modernize our nation’s domestic child labor E1786 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 1998 laws. And we have launched a strategy to children and make it equal to that of all tice and provide protection for these chil- end illegal child labor here a home based on other children. And lastly, Congressman dren. We must act before any more children three principles: enforcement, education and Lantos, I want to thank you for the leader- lose their lives or are injured. We must act partnerships. ship role that you have taken on this issue in before more children sacrifice their futures When it comes to enforcement, we have the House of Representatives. to put food on our tables. launched an initiative which focuses on five I want to applaud the recent efforts of the Mr. LANTOS. Mr. Speaker, I urge my col- Department of Labor. Through the Fair Har- commodities—lettuce, tomatoes, cucumbers, leagues to take these thoughtful and carefully garlic and onions. I call it ‘‘Operation Salad vest/Safe Harvest campaign, much needed in- Bowl’’. We are sending strike forces to the formation is being made available to the considered views on children working in agri- fields to literally root out worker abuses. farmworker population. I hope that this will culture into account and support efforts in And we’re getting results. be an ongoing and expanded effort, until we fighting abusive child labor in this country. As of the end of June, we have already are assured that every farmworker family in f completed 33 targeted sweeps. Thirteen fo- America knows and understands their rights cused on the ‘‘salad bowl’’ commodities. and how to protect their children from the IN RECOGNITION OF NOTED CIVIL These sweeps include 735 separate investiga- dangers in the agricultural workplace. WAR HISTORIAN, HUGH D. tions with 205 in the ‘‘salad bowl’’ commod- Although agriculture is one of the most McCORMICK ities. And we found scores of children work- dangerous industries in the United States, ing illegally—including a child as young as children are legally allowed to work at very four-years-old working in the onion fields in young ages, for unlimited hours before HON. FRANK R. WOLF Arizona. school and after school. The work is affect- OF VIRGINIA We are committed to doing even more in ing their education. As many as 45 to 55 per- IN THE HOUSE OF REPRESENTATIVES enforcement—but we know that’s not cent of farmworker children are dropping out Wednesday, September 23, 1998 enough. Success takes education and it takes of school. This is affecting these children’s partnerships. chance for a good education—an education Mr. WOLF. Mr. Speaker, I want to bring to Last month, we launched the Fair Harvest/ that can help them break out of this cycle of the attention of our colleagues the following Safe Harvest campaign—a bilingual edu- poverty. story from the September 22 Northern Virginia cational effort to reduce farm injuries and Children are dying and being injured in our Daily honoring the life of Mr. Hugh D. McCor- keep kids safe. fields. Children are being sprayed with pes- mick, a noted lawyer, author and Civil War ticides, being run over by tractors, being in- We are also partnering with community or- historian who was also a World War II vet- ganizations such as the National Consumers jured and hurt in order to put food on tables League and the Association of Farmworker across America and around the world. Just eran. Mr. McCormick passed away on Tues- Opportunity Programs. We are partnering recently, a 9 year old was run over and killed day, September 15, 1998, in Front Royal, Vir- with the business community. And I want to by a tractor while working in a blueberry ginia, which is in my district. He was 95 years make sure one other organization is a key field in Michigan, a 13 year old was knocked old. partner in our effort—and that’s the United off a ladder where he was picking cherries in In his book, Confederate Son, Mr. McCor- States Congress. Washington state and was run over by a mick describes how his father and uncle par- Because the best way to enhance our effec- trailer being pulled by a tractor, and a 17 ticipated in Pickett's Charge in the Battle of tiveness and ensure the goal of ending abu- year old while picking peaches and pruning Gettysburg during the Civil War. apple trees in Utah was sprayed twice with sive child labor is this: Pass the President’s We send our condolences to Mr. McCor- budget request. pesticides in one week, he died of a massive Pass the President’s request for $30 million brain hemorrhage. Children are dying and mick's widow Virginia H. McCormick and their to make the U.S. the leader in reducing child are being injured and their precious lives and family. labor around the world. futures are being stolen. Also included for the RECORD is a resolution And pass the request for over $60 million to As the custodians of our children, we, as a honoring Mr. McCormick which was offered in beef up our child labor enforcement efforts, nation, are charged with safeguarding their a special session of the Circuit Court of War- and strengthen the education of migrant futures. We are charged with protecting ren County, Virginia on September 21, 1998. children and migrant job training. them from exploitation on the job by prohib- The Senate has fully funded these propos- iting child labor for children under the age of [From the Northern Virginia Daily, Sept. 22, als, but the House bill falls far short. So far, 14 and by preventing children and minors 1998] the House has refused to fund any of the from working in hazardous occupations that ‘‘CONFEDERATE SON’’ MCCORMICK GIVEN President’s increase in enforcement to fight endanger their lives. Farmworkers, as an oc- LEGAL FAREWELL abusive child labor. cupational group, are often excluded from (By Donna Dunn) Let’s back up our resolve with resources. such basic job protections as the federal min- Hugh D. McCormick, called a ‘‘true son of And let’s make a real difference in the lives imum wage, workers compensation, unem- the Confederacy,’’ was honored Monday by of children across our country and around ployment insurance, and overtime pay. Be- the lawyers and judges he influenced in a ca- the world. cause farmworker adults cannot earn a liv- reer that spanned a half-century. Mr. LANTOS. Mr. Speaker, I would also like ing wage working in agriculture and do not During a special session of Warren County typically collect public assistance, farm- to place in the RECORD a copy of Ms. Diane Circuit Court, members of the local Bar As- worker families are forced to bring their Mull's statement at our press conference last sociation introduced a resolution praising children to the fields in order to put food on McCormick, a lawyer who died last Tuesday week. Diane Mull is Executive Director of the their table. It becomes an economic neces- in Front Royal at age 95. Association of Farmworker Opportunity Pro- sity for their children to work so that the McCormick, who practiced into his 90s and grams, the leading national organization which family can survive. was a Civil War historian, author, World War represents the interests of our farmworker At hand are issues that reflect how we view II veteran and former Town Council member, population. Ms. Mull is recognized both nation- the rights of individuals within our society. was remembered for his zest for life. ally and internationally as one of the leading If we fail to protect adequately all segments Retired General District Judge John F. of the work force job hazards, we risk the experts September 22, 1998 on child labor in Ewell read the association’s resolution ‘‘to creation of a class system that defines the perpetuate the memory of their departed agriculture. In her statement, Diane vividly ex- rights of some workers as superior to those friend.’’ plains some of the important reasons why we of others. To continue to allow inequity in ‘‘We gather to pay our respects to a self- need to take a hard look at ensuring that we labor standard protections calls into ques- sufficient, goal-oriented man,’’ he read. adequately protect our nation's most precious tion our integrity as a civilized society. To McCormick, born Jan. 14, 1903, in resourceÐour children. know that these individuals are large minor- Pittsylvania County, received a bachelor’s ity and immigrant workers speaks to an degree in 1927 and a law degree in 1947 from STATEMENT OF L. DIANE MULL, EXECUTIVE DI- even more egregious form of discrimination. the University of Virginia. Between college RECTOR, ASSOCIATION OF FARMWORKER OP- The Association of Farmworker Oppor- and law school, he worked for McCormick & PORTUNITY PROGRAMS, SEPTEMBER 17, 1998 tunity Programs through the Children in the Co. of Baltimore and served in the Marines Thank you, Congressmen Lantos, Waxman, Fields campaign supports both the Children’s in World War II. He practiced law in Front Sanders and Secretary Herman for this op- Act for Responsible Employment (CARE) and Royal from 1967 to 1995 and served as com- portunity to speak today regarding the GAO the Young American Workers Bill of monwealth’s attorney and town attorney. He report on child labor in agriculture. I am ex- Rights—badly needed legislation that ad- also served eight years on the council. tremely pleased that a critical step to docu- dresses these disparities by providing equal McCormick’s wife, Virginia McCormick, ment the problem of child labor in America protection and equal standards for children and son, Hugh D. McCormick Jr., attended has been accomplished. This can help arm who work as hired workers in agriculture. the ceremony. the Administration and the Congress to The fruits and vegetables we eat are The younger McCormick said his father’s make needed changes within the Fair Labor washed with the blood, sweat and tears of accomplishments are impressive, but he Standards Act (FLSA) and its regulations to America’s farmworker children. It is time would have wanted to be remembered for raise the level of protection of farmworker for action. It is time that we stop this injus- something more. CONGRESSIONAL RECORD — Extensions of Remarks E1787 ‘‘He would want to be remembered as hon- 21, 1998, at 4:00 p.m. in honor and memory of the First Federal Savings and Loan Associa- est, hard-working, for his optimism and his Hugh D. McCormick, Esquire. tion and the Peoples Bank of Front Royal. enthusiasm for history,’’ he said. ‘‘He always A committee consisting of the following He was past president of the Warren County tried to show that optimism.’’ named persons shall present a memorial res- Bar Association and the Front Royal Rotary McCormick remained in good health until olution to the Court at that time, to-wit: Ed- Club, a member of the Unity Lodge 146 AF & just a few months before his death. ward F. Greco, Esquire, Chairman; The Hon- AM, a Shriner, and active in many other fra- Mrs. McCormick said she was ‘‘lucky.’’ orable John F. Ewell, Judge, Retired; and ternal and civic organizations. He funded ‘‘How can you grieve for a man who lived John G. Cadden, Esquire. scholarships at the University of Virginia 95 years and enjoyed life,’’ she said. The Clerk of this Court shall forward cop- School of Law and at Campbell Theological A past president of the Samuels Public Li- ies of this Order to the named committee Seminary in Buies Creek, North Carolina. He brary, Bar Association and Front Royal Ro- members, post a copy of this Order in his of- also funded a chair for the Civil War Insti- tary Club, McCormick also organized the fice and forward copies of this Order to the tute at Shenandoah University in Win- First Federal Savings and Loan Association Clerks of all Circuit Court in the Twenty- chester, Virginia. and Peoples Bank of Front Royal. Sixth Judicial Circuit who shall post these Mr. McCormick took a great interest in Circuit Judge John E. Wetsel Jr. remem- in their respective offices. The Clerks shall athletics and was an accomplished athlete bered McCormick ‘‘for his energy and intel- further notify members of their respective and a strong supporter of the University of ligence.’’ Bars in the manner they deem most expedi- Virginia Alumni Association and the Ath- ‘‘He was literally a son of the South in the tious and may also further disseminate cop- letic Association. He played on the Univer- best sense,’’ he said. ies of this Order as they deem appropriate. sity of Virginia football team and was a life- McCormick funded a teaching chair for the Entered this 18 day of September, 1998. long devotee of the game of golf which he Civil War Institute at Shenandoah Univer- PREAMBLES AND RESOLUTIONS played until he was ninety-two years old. sity. He was an active member of John S. One of the last real Confederate sons, he Whereas, on the 16th day of September, Mosby Camp 1237 of Sons of Confederate Vet- had a great interest in the history of the 1998, Hugh D. McCormick, Esquire, a former erans and served as its commander from 1962 Confederacy. He was an active member of member of the Bar of this Court departed to 1965. McCormick’s father, William Logan John S. Mosby Camp 1237, Sons of Confed- this life; and, erate Veterans and served as its Commander McCormick, served in the 38th Virginia In- Whereas, Warren County has suffered the from 1962–1965. He published his memoirs fantry and charged the Union lines with Gen. loss of an able and distinguished lawyer, ‘‘Confederate Son’’ in 1993 with proceeds George E. Pickett at Gettysburg. sportsman and citizen, and, members of the Circuit Judge Dennis L. Hupp said he met going to the Civil War Institute of Shen- Bar of Virginia who knew him, grieve the McCormick early in his legal career and andoah University in Winchester. loss of a true and loyal friend; and, The community, and particularly the Bar, found a friend in the older man. Whereas, a brief Memorial of his life his- ‘‘Hugh McCormick was a real son of the wish to express our deepest regret and sym- tory is hereto attached; and, pathy to his family as we gather to pay our Confederacy and my mother was a true Whereas, it is the desire of the members of respects to a self-sufficient, goal oriented daughter of the Confederacy. When I told the local Bar of this Court to perpetuate the man, a colleague and a friend. All of us will him this, he took a liking to me,’’ Hupp said. memory of their departed friend and brother do well to remember his admonition in his McCormick published his memoirs, ‘‘Con- as a part of the records of this Court, and to Epilogue of ‘‘Confederate Son’’: ‘‘Do not fear federate Son,’’ in 1993 and gave the proceeds place in these records an expression of their the future. Whenever a challenge presents to the Civil War Institute. love and affection for him as a man, and of The 176-page book recounts McCormick’s itself, pursue it with all of the intelligence the admiration, respect and esteem in which family heritage and his own life, including and energy at your command. To do so guar- they hold his memory as an outstanding per- his youth in rural Virginia and success as a antees success in any of its myriad forms. To son. do less is not only abhorrently wasteful of professional. Now, therefore, be it resolved, that the Former Front Royal Mayor Robert the human spirit, it is undignified.’’ Hugh members of the Warren County Bar do here- Traister recalled in the preface of ‘‘Confed- DeWitt McCormick epitomized this worthy by express their profound grief and their erate Son’’ his first meeting with McCor- sentiment. sense of the irreparable loss they have suf- mick. Respectfully submitted on behalf of the fered in the death of their friend and brother, The elderly lawyer’s office was at the top Bar and citizens of Warren County. Hugh D. McCormick, Esquire; and, of a steep set of stairs. But Traister noticed Be it further resolved, that for the purpose f that a motorized chair was positioned at the of perpetuating his memory, this Resolution, bottom—for McCormick, he assumed. with the attached Memorial, be submitted to A TRIBUTE TO ROBERT L. After climbing to the top-floor suite, the Circuit Court of Warren County, Vir- ‘‘LARRY’’ DAVIS Traister was greeted by McCormick with a ginia, accompanied by a Motion that they be firm handshake and a rapid-fire explanation made a part of the permanent records of this of the lift. HON. JERRY LEWIS Court and to have a copy thereof sent to his ‘‘You should’ve called on the intercom and OF CALIFORNIA widow, Virginia H. McCormick, and to the I’d of motored you up to the top . . . I keep IN THE HOUSE OF REPRESENTATIVES local press. it there for my elderly clients . . . don’t use Presented by a Committee of the Warren Wednesday, September 23, 1998 it myself . . . the walk up here every day is County Bar on behalf of the Warren County good for my back . . . good for my golf Mr. LEWIS of California. Mr. Speaker, I rise Bar Association. game,’’ McCormick told him. today in order to pay tribute to Colonel Robert Hugh McCormick Jr. said his father left MEMORIAL L. ``Larry'' Davis, the Commander and District the memoirs as his legacy. Hugh DeWitt McCormick, Esquire, was Engineer for the Los Angeles District of the ‘‘He said he wanted to leave it so his fam- born January 14, 1903 in Pittsylvania County, U.S. Army Corps of Engineers. Thanks to a Virginia. The youngest of thirteen children, ily would understand his life,’’ he said. ‘‘And recent promotion, Larry will soon undertake a it’s an interesting part of Americana.’’ he was the son of William Logan McCormick, Delivered into this world by a midwife who a Confederate veteran in Pickett’s Division, new assignment as the Chief of Staff of Fort was a former slave, McCormick respected all and Louise Taylor Farmer McCormick. Be- Leonard Wood, U.S. Army Engineer School in people, his son said. ginning his education in a one room school- Fort Leonard Wood, MO. ‘‘He liked people and met them wherever house, he was a 1923 graduate of Chatham Colonel Davis was born on May 25, 1951 in they were,’’ he said. Training School, now Hargrave Military Woodbury, NJ. Commissioned in the Army, he In the epilogue to ‘‘Confederate Son,’’ Academy, and received a B.S. degree in 1927 entered active duty in June, 1974 after grad- McCormick shared his philosophy on life: and went on to receive a L.L.B. decree in 1947 uation from Auburn University with a Bachelor ‘‘Do not fear the future. Whenever a chal- from the University of Virginia. Between of Science degree in Industrial Engineering. In lenge presents itself, pursue it with all of the college and law school he worked for McCor- intelligence and energy at your command. mick & Co., Inc. of Baltimore, Maryland. He addition, he holds a Master of Science degree To do so guarantees success in any of its was a WW II veteran serving in the U.S. Ma- in Operations Research from the Georgia In- myriad forms. To do less is not only abhor- rine Corps and U.S. Marine Corps Reserve. stitute of Technology and is a registered pro- rently wasteful of the human spirit, it is un- He was appointed Commanding Officer of fessional engineer in the State of Virginia. His dignified.’’ Service Squadron-34, Marine Air Group 34, military education includes the U.S. Army Third Marine Wing, Oak Grove, North Caro- Command and General Staff College, and the lina. He rose to the rank of Lieutenant Colo- Virginia: In the circuit court of Warren U.S. Air Force Air War College. His initial as- nel before retiring. County signments after the Engineer Officer Basic Mr. McCormick practiced law in Front Re Special session of court in honor and Royal from 1947 to 1995. He served as Com- Course were as a platoon leader and execu- memory of Hugh D. McCormick, Esquire monwealth’s Attorney and Town Attorney tive officer with the 249th Engineer Battalion in ORDER and served eight years on the Front Royal Karlsruhe, Germany. There will be a special session of the Cir- Town Council. He was past President of the After completing the Engineer Officer Ad- cuit Court of Warren County on September Samuel’s Public Library, was an organizer of vanced Course, his assignments included E1788 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 1998 Army Engineer Battalions at Ft. Belvoir, VA; ernment. Azerbaijan has received over $130 done most of his work in a non-visual me- Fort Campbell, KY; and Fort. Benning, GA. He million in United States humanitarian aid since dium, he is instantly recognizable behind his was also with the 5th Special Forces Group at 1992, and will continue to do so; however, it distinctive handlebar mustache and beard. Fort Campbell where he served as Group En- is essential that we maintain Section 907 as a King’s voice is not the traditional baritone of those born-to-be-broadcasters. His stac- gineer. In addition to these assignments to matter of United States foreign policy in the cato delivery and ability to summon an evoc- troop units, Colonel Davis has served as a region. ative description for the big moments trig- Project Officer in the Pentagon and was a The Government of Azerbaijan has re- ger memory, emotion and goose bumps. U.S. Exchange Officer to the Australian stricted the transport of food, fuel, medicine, Like in 1970 when he called a game-winning School of Military Engineering in Sydney. He and other essential supplies to Armenia and 51-yard field goal by George Blanda against also participated in Operation Desert Shield Nagorno-Karabagh. Even after the devastating Cleveland and declared Blanda had just been and Operation Desert Storm in Saudi Arabia earthquakes in 1994, Azerbaijan failed to take elected ‘‘King of the World.’’ Or in 1977 when and Kuwait and in Operations Restore Hope any measures aimed at easing these block- King called ‘‘The Ghost to the Post,’’ Dave and Continue Hope in Somalia. He also took ades. Section 907 has not even stopped Casper’s touchdown catch that gave the Raiders a playoff win in Baltimore. Or his part in the Hurricane Andrew Relief Oper- United States oil companies from sharing in 1978 call of the ‘‘Holy Roller’’ game-winning ations in Florida. the wealth of Azerbaijan oil resources. fumble recovery in San Diego, when he inter- Colonel Davis is the recipient of numerous The decision to lift Section 907 is left in the preted an official ordering coach John Mad- commendations and decorations including the hands of the Government of Azerbaijan. When den to ‘‘get his big butt out of here.’’ Legion of Merit, Bronze Star, Meritorious Serv- they begin to take the necessary steps toward King’s calls of the Warriors’ 1975 NBA ice Medal, Armed Forces Expeditionary Medal, lifting their destructive blockades of Armenia championship sweep of the Washington Bul- and the Southwest Asia Service Medal with and Nagorno-Karabagh, then and only then lets and the A’s 1989 World Series sweep of three campaign stars. He has also earned the should the repeal of Section 907 be consid- the Giants remain etched in the minds of lis- Parachutist and Air Assault Badges. ered. teners. As does his signature call ‘‘Holy To- ledo’’ each time he sees something that I especially want to thank Colonel Davis for f needs extra emphasis. his tremendous assistance with the Santa Ana IN HONOR OF THE KING OF ‘‘It is always nice when people have good Mainstem flood control project including the responses to you—it’s a lot better than the Seven Oaks Dam and San Timoteo elements. SPORTS BROADCASTING alternative,’’ King said. ‘You don’t want This effort, which is nearing completion, will them saying, ‘‘Get that idiot off the air’ ’’ result in flood protection for millions of citizens HON. GEORGE MILLER Beyond that, King is reluctant to dig deep- and billions of dollars of personal property in OF CALIFORNIA ly into the reasons for his success and lon- gevity. He has been working for a half-cen- San Bernardino, Riverside and Orange Coun- IN THE HOUSE OF REPRESENTATIVES ties in California. tury, having called his first minor-league Mr. Speaker, I ask that you join me and our Wednesday, September 23, 1998 baseball game in Peoria, Ill., in 1948 at age 19. Mr. MILLER of California. Mr. Speaker, as colleagues in recognizing the talents and re- ‘‘I am not a terribly introspective person,’’ markable skills of Colonel Davis as he pre- the baseball season comes to an end with all King said. ‘‘I don’t do a lot of examining pares to take on the position of Chief of Staff of its excitement of the homerun derby and about why this or why that or why I feel this of Fort Leonard Wood in Missouri. I would the incredible performance of the New York way or that way.’’ also like to express our appreciation to his Yankees, we in the San Francisco Bay Area SMALL-TOWN SIMPLICITY wife Barbara and their two children, Kimberly have something else to celebrate and that is King is a man of simple ideals—the only Anne and John. For his many years of service the remarkable career of sports announcer Bill evidence of his small-town Illinois upbring- and dedication, I believe it is only appropriate King who has been the voice of the Oakland ing—eclectic interests and a limitless pas- that the House recognize Colonel Davis today. A's, The Oakland Raiders, and the Golden sion for painting a visual picture. f State Warriors. ‘‘I love being on the air, I really do,’’ King Bill King has been calling games for forty said. ‘‘I am a verbal person. I get a tactile FOREIGN OPERATIONS, EXPORT years and providing so many days of enjoy- feeling on my tongue. To not be able to ver- FINANCING, AND RELATED PRO- ment for the fans. His calls are a major part balize is almost crippling to me. Some people GRAMS APPROPRIATIONS ACT, of the legends of American sports broadcast- would probably say ‘I know, you never 1999 ing. stop.’ ’’ King shows no sign of stopping. He contin- Mr. Speaker, I have had the privilege the SPEECH OF ues to work full-time at a time when popular past few years to spend time with Bill King in Bay Area contemporaries like Lon Simmons HON. CHARLES E. SCHUMER social settings. It is a wonderful evening to ex- and Hank Greenwald have cut back or re- OF NEW YORK perience and enjoy his stories, his understand- tired altogether. King just signed a new IN THE HOUSE OF REPRESENTATIVES ing of sports in America, as his desire to talk three-year contract with the A’s that keeps sports, art, history and politics. him as the team’s radio voice through the Thursday, September 17, 1998 Recently, the San Francisco Examiner ran 2001 season. He keeps working simply because, he says, The House in Committee of the Whole an article celebrating Bill King's Career in the ‘‘There’s no reason not to. I like what I’m House on the State of the Union had under San Francisco Bay Area. I would like to share doing. I get paid well for doing it and I can’t consideration the bill (H.R. 4569) making ap- it with my colleagues. The article follows: think of anything that would be more desir- propriations for foreign operations, export fi- able at this point.’’ nancing, and related programs for the fiscal [From the San Francisco Examiner, Aug. 23, year ending September 30, 1999, and for other 1998] He admits there no longer is time to do purposes: BILL KING HAS BEEN THE DISTINCTIVE VOICE some of the things he loves, like sailing and OF BAY AREA SPORTS FOR 40 YEARS traveling to places that don’t have a baseball Mr. SCHUMER. Mr. Chairman, I rise today diamond within 50 miles. The commute to (By Michelle Smith) to join my colleagues in strong support of the ballpark from Sausalito sometimes takes maintaining Section 907 of the Freedom Sup- Bill King came to the Bay Area 40 years twice as long as it used to, and the prepara- port Act in the Foreign Operations Appropria- ago, without a beard or a legacy. Both have tion—which has been a source of equal parts long since been firmly established. tions for Fiscal Year 1999. Section 907 was pride and obsession for King—is not nearly King, however, does not do legacy, the as straight-forward as it used to be, given enacted in 1992 in response to Azerbaijan's il- same way he doesn’t do shoes and socks, legal blockades of Armenia and Nagorno- the vast amounts of information now avail- fancy cars or pants in the booth on a hot able. Karabagh, and it remains a vital tool in United summer day. King estimates he spends three hours a day States policy towards the Caucasus. He chooses to let his career speak for preparing for a broadcast. ‘‘I can’t imagine Section 907 does not prohibit humanitarian itself, and so it does. what it would be like to be on the computer. aid, democracy building assistance, commer- In his years as the radio play-by-play voice I won’t do it.’’ cial assistance to United States businesses, or of the A’s, Warriors and Raiders, King has been the consummate messenger. UNIQUE PHONE SYSTEM non-proliferation and disarmament assistance He has delivered some of the most memo- For many years in the 1960’s, when King to Azerbaijan. It merely restricts direct govern- rable moments in local sports history with a was doing both Warriors and Raiders games, ment to government economic and military as- style and conviction that earned him univer- he did not have a telephone in his home. A sistance to a regime known for their human sal respect among his peers. And King’s iden- select few knew how to reach him on a down- rights abuses and corruption within the gov- tity is so strong that even though he has stairs neighbor’s number. CONGRESSIONAL RECORD — Extensions of Remarks E1789 ‘‘I had this boat hook and I’d lower it ‘‘His latest concoction is this thing they and current Fox-TV analyst John Madden. down, he’d put the phone on the hook and I’d make up for him at the ballpark and it has ‘‘Those are things that stay with you all pull it upstairs,’’ King said. ‘‘To let us know onions, tomatoes, salsa and nacho cheese your life, the Clarence Davis catch against if there was a call, he’d bang on the ceiling.’’ sauce over popcorn,’’ said A’s broadcast part- Miami, the San Diego call Anyone who has King still refuses to put an answering ma- ner Ken Korach. ‘‘It’s like he eats whatever ever been a Raider fan will always associate chine in his office and would never consider pops into his head.’’ Bill as the voice of the Raiders.’’ carrying a cellular phone. His scaled-down ‘‘Bill is unique,’’ said Franklin Mieuli, the Given that many NFL and NBA games mentality applies to transportation as well. former Warriors owner. were not televised in the 1960s and 1970s, King owns two cars, a 1983 Firebird and a Mieuli was so enamored with his play-by- King was more than the voice of the game, 1980 Mercury four-door, both of which per- play man that he went to bat for King when he was its mind and body as well. KTVU–TV refused to put him on camera be- form the minimal function of getting him to ‘‘Nobody has even been able to rise to an cause of his beard, paid fines to the league and from the ballpark with no regard to exciting moment and bring the excitement for King when he criticized officials on the style. into the sound of their voice like Bill,’’ said air, and answered the telephone calls when If King prefers to keep things simple, one Giants announcer Jon Miller, an East Bay King uttered a profanity during a 1968 game would never know from his varied pursuits. native. ‘‘It’s not just shouting, it’s the theat- that is recalled by those in the know as He is a devout patron of the arts, a frequent rical flair that he brings to it. Sometimes in attendee at the opera, ballet and symphony. ‘‘NBA Mother’s Day.’’ King came to the Bay Area in 1958, hired an exciting moment, I find myself trying to He is a talented painter and a lover of all by KSFO radio to be a fill-in baseball broad- do Bill.’’ things nautical. He still owns a sailboat and caster for Lon Simmons and Russ Hodges has sailed around the world, taking open-sea LONG-LASTING IMPACT when the Giants and 49ers seasons began to trips to Hawaii, Canada and up and down the To this day, every Warriors broadcaster overlap. West Coast. In the 1960s King lived on the finds himself compared to King, who hasn’t boat with his companion of the last 39 years, CAUGHT WITH HIS PANTS DOWN done an NBA game in 15 years. Nancy Stephens. ‘‘Chub Feeney owned the Giants at that Greg Papa called Warriors games on the ‘‘Bill has a wonderful mind, and he is inter- point,’’ said Simmons, who was King’s part- radio for nearly a decade. ‘‘I would be at a ested in so many things,’’ Stephens said. ner for 15 years with the A’s. ‘‘He was from gas station or something and I would tell ‘‘When he gets interested in something he New York, very much a suit-and-tie person. people what I did and they’d say, ‘Oh, Bill pursues it and he learns it thoroughly. When The first time Bill walked into the broadcast King does that,’ ’’ Papa said. ‘‘His power over we first met, he wasn’t well-versed in classi- booth and took off his pants to do a broad- this market is immense.’’ cal music, and I was. Before I knew it, he cast, I think Chub almost had a heart at- Raiders fans clamored for King’s return knew way more than I did. tack.’’ when the team moved from Los Angeles back To clarify, King only takes off his pants on SELF-TAUGHT MAN to Oakland three years ago. King passed be- hot days, and only after he’s removed his King traveled to the Soviet Union in the cause he enjoyed the free time his baseball- shoes and socks first. only schedule allowed. He quit as the Raiders late 1970s after teaching himself to read, ‘‘In any weather, I don’t like shoes and voice in 1992 after a falling out with the write and speak Russian, mostly on long socks,’’ King said ‘‘But in hot and humid Southern California company that held the flights during trips with the Warriors and weather, I don’t like sitting at a ballgame team’s radio rights. Raiders. This thirst for self-taught knowl- and then getting up after three hours and edge is either ironic or appropriate for a man feeling like I’ve just taken a shower in my ‘‘It was very flattering,’’ King said. ‘‘But in who did not go to college, choosing instead pants. So from the time I’ve been doing my mind, once I did baseball alone, I to begin his broadcasting career. minor-league baseball, when I would work wouldn’t think of doing another sport, and King’s culinary tastes are legendary. He solo, I operated in my skivvies. Now in Texas that was the operative reason there.’’ will concede only that he likes ‘‘things that or Baltimore, I always have a pair of trunks King is so happy with his schedule he has people might consider unusual.’’ with me.’’ set no retirement date. King has been known to dip entire pats of King’s voice defined the golden eras of both Said King, ‘‘It depends on whether I like butter into a tub of popcorn during a game, the Warriors and Raiders. King called War- what I’m doing, and whether I think—and and eat raw onions in the booth during the riors games from 1962–83 and Raiders games I’m a fairly harsh personal critic—I’m still stifling days of summer. His morning favor- from 1966–92. good at it, and whether people think I’m still ite is peanut butter and chopped onions on ‘‘It gives me chills when I hear some of good at it, because that’s the most impor- warm tortillas. those old calls,’’ said former Raiders coach tant thing.’’ E1790 CONGRESSIONAL RECORD — Extensions of Remarks September 23, 1998 SENATE COMMITTEE MEETINGS SEPTEMBER 28 of Virginia, to be Assistant Secretary 1:00 p.m. for Non-Proliferation and National Se- Title IV of Senate Resolution 4, Judiciary curity, and David Michaels, of New agreed to by the Senate on February 4, Administrative Oversight and the Courts York, to be Assistant Secretary for En- 1977, calls for establishment of a sys- Subcommittee vironment, Safety and Health, both of the Department of Energy. tem for a computerized schedule of all To hold oversight hearings to review fi- nancial control failures at the Depart- SD–366 meetings and hearings of Senate com- ment of Defense. 2:30 p.m. mittees, subcommittees, joint commit- SD–226 Energy and Natural Resources tees, and committees of conference. Forests and Public Land Management Sub- SEPTEMBER 29 committee This title requires all such committees To hold oversight hearings on the Forest to notify the Office of the Senate Daily 10:00 a.m. Armed Services Service cabin fees. Digest—designated by the Rules Com- To hold hearings to examine the status SD–366 mittee—of the time, place, and purpose of United States military forces and Select on Intelligence of the meetings, when scheduled, and their ability to successfully execute To hold closed hearings on intelligence matters. any cancellations or changes in the the National Military Strategy. SH–216 SH–219 meetings as they occur. Foreign Relations As an additional procedure along To hold hearings on the nomination of R. OCTOBER 2 with the computerization of this infor- Rand Beers, of the District of Colum- 9:30 a.m. bia, to be Assistant Secretary of State Joint Economic mation, the Office of the Senate Daily for International Narcotics and Law To hold hearings on the employment-un- Digest will prepare this information for Enforcement Affairs. employment situation for September. printing in the Extensions of Remarks SD–419 1334 Longworth Building section of the CONGRESSIONAL RECORD 2:00 p.m. Judiciary OCTOBER 6 on Monday and Wednesday of each To hold hearings on the implementation 9:30 a.m. week. of the Radiation Exposure Compensa- Energy and Natural Resources Meetings scheduled for Thursday, tion Act. Business meeting, to consider pending SD–226 September 24, 1998, may be found in the calendar business. SD–366 Daily Digest of today’s RECORD. SEPTEMBER 30 Veterans’ Affairs 9:30 a.m. To hold joint hearings with the House MEETINGS SCHEDULED Indian Affairs Committee on Veterans Affairs on the Business meeting, to mark up S. 1870, to legislative recommendations of the provide the National Indian Gaming SEPTEMBER 25 American Legion. Commission with resources to monitor 345 Cannon Building 9:30 a.m. and regulate certain Indian gaming op- Foreign Relations erations, H.R. 1805, to establish restric- To hold hearings on the nomination of tions related to gaming on and use of CANCELLATIONS Robert C. Randolph, of Washington, to land held in trust for the United Au- be Assistant Administraor for Asia and burn Indian Community of the Auburn SEPTEMBER 24 Near East Affairs, Agency for Inter- Rancheria of California, and H.R. 1833, national Development; to be followed to provide for further self-governance 2:00 p.m. by hearings on the nominations of B. by Indian tribes; to be followed by Energy and Natural Resources Lynn Pascoe, of Virginia, to be Ambas- hearings on S. 2010, to provide for busi- National Parks, Historic Preservation, and sador to Malaysia, and Diane Edith ness development and trade promotion Recreation Subcommittee Watson, of California, to be Ambas- for Native Americans. To hold hearings on S. 1372, to provide sador to the Federated States of Micro- SR–485 for the protection of farmland at the nesia. Point Reyes National Seashore in Cali- SD–419 OCTOBER 1 fornia. Governmental Affairs 9:30 a.m. SD–366 Permanent Subcommittee on Investiga- Armed Services tions To hold hearings on issues regarding To continue hearings to examine the plans for Department of Energy na- POSTPONEMENTS safety of food imports, focusing on leg- tional security programs. islative, administrative and regulatory SR–222 SEPTEMBER 24 remedies. 9:30 a.m. SD–342 OCTOBER 1 Commerce, Science, and Transportation 10:00 a.m. 9:30 a.m. To hold hearings on S. 2494, to enhance Armed Services Closed briefing on the Energy and Natural Resources the ability of direct broadcast satellite world wide threat and status of U.S. To hold hearings on the nominations of and other multichannel video providers military forces and potential oper- Eljay B. Bowron, of Michigan, to be In- to compete effectively with cable tele- ational requirements. spector General, Department of the In- vision systems. SR–222 terior, and Rose Eilene Gottemoeller, SR–253 Wednesday, September 23, 1998 Daily Digest

HIGHLIGHTS Senate passed Consumer Bankruptcy Reform Act. Senate warehouseman’s lien for handling of goods, to amend Chamber Action provisions relating to trustee compensation, and to Routine Proceedings, pages S10739–S10864 further modify Amendment No. 3595, as previously Measures Introduced: Two bills and one resolution agreed to. Pages S10762±63 were introduced, as follows: S. 2512 and 2513 and Rejected: S. Res. 281. Pages S10841 Harkin Amendment No. 3616 (to Amendment Measures Reported: Reports were made as follows: No. 3559), to express the sense of the Congress re- Special Report on Further Revised Allocation to garding the reduction of the Federal Funds rate by Subcommittees of Budget Totals for fiscal year 1999. the Federal Open Market Committee. (By 71 yeas to 27 nays (Vote No. 283), Senate tabled the amend- (S. Rept. No. 105–345) Page S10841 ment.) Pages S10749±54 Measures Passed: Pursuant to the order of September 11, 1998, the Consumer Bankruptcy Reform Act: By 97 yeas Senate insisted on its amendment, requested a con- to 1 nay (Vote No. 284), Senate passed H.R. 3150, ference with the House thereon, and the Chair ap- to amend title 11, United States Code, after striking pointed the following conferees on the part of the all after the enacting clause and inserting in lieu Senate: Senators Hatch, Grassley, Sessions, Leahy, thereof the text of S. 1301, after agreeing to a com- and Durbin. Pages S10786±87 mittee amendment in the nature of a substitute, and Authorizing Testimony: Senate agreed to S. Res. taking action on amendments proposed thereto, as 281, to authorize testimony and representation of follows: Pages S10739±89 employees of the Senate in United States v. Alphonso Adopted: Michael Espy. Page S10858 Lott (for Grassley/Hatch) Amendment No. 3559, in the nature of a substitute. Pages S10739±67 FAA Authorizations: Senate began consideration of Dodd Amendment No. 3614 (to Amendment No. S. 2279, to amend title 49, United States Code, to 3559), to improve certain bankruptcy procedures re- authorize the programs of the Federal Aviation Ad- lating to the protection of savings earmarked for the ministration for fiscal years 1999, 2000, 2001, and postsecondary education of children. Pages S10740±42 2002, with a committee amendment in the nature of Kohl Amendment No. 3599 (to Amendment No. a substitute, taking action on amendments proposed 3559), to express the sense of the Senate regarding thereto, as follows: misuse of the homestead exemption to the bank- Pages S10800±14, S10817±19, S10823±33 ruptcy laws. Pages S10742±43 Adopted: Feinstein/Durbin/Jeffords Amendment No. 3615 McCain/Ford Amendment No. 3618, to make cer- (to Amendment No. 3559), to provide for a study tain minor additions and corrections to the bill. and report by the Board of Governors of the Federal Page S10817 Reserve System regarding credit industry practices. Roth/Moynihan Amendment No. 3621, to extend Pages S10743±46 the Airport and Airway Trust Fund expenditure au- Grassley Amendment No. 3617 (to Amendment thority. Pages S10823±24 No. 3559), to require a study regarding the ade- McCain (for Snowe) Amendment No. 3623, to quacy of information received by consumers regard- provide increased civil penalties for violation of the ing the creation of security interests under open end prohibition against discrimination against handi- credit plans, to amend provisions relating to a capped individuals. Pages S10831±32 D1021 D1022 CONGRESSIONAL RECORD — DAILY DIGEST September 23, 1998 McCain (for Snowe) Amendment No. 3624, to re- day, September 24, 1998. (For Senate’s program, see quire human weather observers for Automated Sur- the remarks of the Acting Majority Leader in today’s face Observation System stations until the automated Record on page S10859.) system reports consistently on changing conditions. Pages S10831±32 Committee Meetings McCain (for Snowe) Amendment No. 3625, to provide that communities participating in the com- (Committees not listed did not meet) munity-carrier air service program will be selected from all regions of the country. Pages S10831±32 FORESTRY PROGRAMS McCain/Ford Amendment No. 3626, to make Committee on Agriculture, Nutrition, and Forestry: Com- technical corrections. Page S10832 mittee concluded hearings to examine the Forest Pending: Service’s role and financial management of State and Inhofe Amendment No. 3620, to provide for the private forestry programs, after receiving testimony immediate application of certain orders relating to from Michael Dombeck, Chief, Forest Service, and the amendment, modification, suspension, or revoca- Roger C. Viadero, Inspector General, both of the tion of certificates under chapter 447 of title 49, Department of Agriculture; Kirk P. Rodgers, Falls United States Code. Pages S10824±29 Church, Virginia, on behalf of the Forest Landowners A unanimous-consent agreement was reached pro- Association, Inc.; John Heissenbuttel, American For- viding for further consideration of the bill and cer- est and Paper Association, Washington, D.C.; and tain amendments to be proposed thereto. Burnell Fischer, on behalf of the National Associa- Pages S10832±33, S10859 tion of State Foresters, and Lester L. Zimmer, Nature Senate will continue consideration of the bill on Conservancy, both of Indianapolis, Indiana. Thursday, September 24, 1998. POLIO/MEASLES ERADICATION Messages From the President: Senate received the following messages from the President of the United Committee on Appropriations: Subcommittee on Labor, States: Health and Human Services, Education and Related Transmitting the report concerning the continu- Agencies concluded hearings to examine the progress ation of the national emergency with respect to being made toward the global eradication of polio UNITA; referred to the Committee on Banking, and measles, after receiving testimony from David Satcher, Surgeon General, Public Health Service, De- Housing, and Affairs. (PM–159). Page S10840 partment of Health and Human Services; E.M. Nominations Received: Senate received the follow- Samba, World Health Organization, Harare, ing nominations: Zimbabwe; William Foege, Emory University, At- Denise E. O’Donnell, of New York, to be United lanta, Georgia; and Herb Pigman, Rotary Inter- States Attorney for the Western District of New national, Ambia, Indiana. York for the term of four years. 17 Army nominations in the rank of general. NORTH KOREA 2 Navy nominations in the rank of admiral. Committee on Armed Services: Committee concluded A routine list in the Army and Foreign Service. closed hearings to examine North Korea’s ballistic Pages S10859±64 missile and weapons of mass destruction programs, Messages From the President: Page S10840 after receiving testimony from George J. Tenet, Di- rector of Central Intelligence; and Lt. Gen. Patrick Messages From the House: Page S10840 M. Hughes, USA, Director, Defense Intelligence Executive Reports of Committees: Page S10841 Agency. Statements on Introduced Bills: Pages S10841±42 NOMINATIONS Additional Cosponsors: Page S10843 Committee on Banking, Housing, and Urban Affairs: Amendments Submitted: Pages S10843±53 Committee concluded hearings on the nominations of John D. Hawke, Jr., of the District of Columbia, Notices of Hearings: Page S10853 to be Comptroller of the Currency, Department of Authority for Committees: Pages S10853±54 the Treasury, and Saul N. Ramirez, Jr., of Texas, to Additional Statements: Pages S10854±58 be Deputy Secretary, William C. Apgar, Jr., of Mas- sachusetts, to be Assistant Secretary for Housing and Record Votes: Two record votes were taken today. Federal Housing Administrator, Cardell Cooper, of (Total—284). Pages S10754, S10767 New Jersey, to be Assistant Secretary for Community Adjournment: Senate convened at 9:30 a.m., and Planning and Development, and Harold Lucas, of adjourned at 6:37 p.m., until 9:30 a.m., on Thurs- New Jersey, to be Assistant Secretary for Public and September 23, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D1023 Indian Housing, all of the Department of Housing BUSINESS MEETING and Urban Affairs, after the nominees testified and Committee on Energy and Natural Resources: Committee answered questions in their own behalf. Mr. Hawke ordered favorably reported the following business was introduced by Representative Leach, Mr. Rami- items: rez was introduced by Senator Gramm, and Messrs. S. 2257, to authorize funds through fiscal years Cooper and Lucas were introduced by Senator Lau- 2004 for the National Historic Preservation Act, tenberg and Representative Payne. with amendments; S. 2284, to establish the Minuteman Missile Na- GLOBAL ECONOMY tional Historic Site in the State of South Dakota, Committee on the Budget: Committee concluded hear- with an amendment in the nature of a substitute; ings to examine the impact of the global economic S. 2142, to authorize the Secretary of the Interior slowdown may have on the United States economy, to convey the facilities of the Pine River Project, to allow jurisdictional transfer of lands between the De- after receiving testimony from Alan Greenspan, partment of Agriculture, Forest Service, and the De- Chairman, Board of Governors of the Federal Reserve partment of the Interior, Bureau of Reclamation, and Board; and Lawrence H. Summers, Deputy Secretary the Bureau of Indian Affairs, with an amendment; of the Treasury. S. 777, to authorize the construction of the Lewis and Clark Rural Water System and to authorize as- CHILDREN’S ONLINE PRIVACY sistance to the Lewis and Clark Rural Water System, PROTECTION ACT Inc., a nonprofit corporation, for planning and con- Committee on Commerce, Science, and Transportation: Sub- struction of the water supply system, with amend- committee on Communications concluded hearings ments; on S. 2326, to require the Federal Trade Commis- S. 2117, to authorize the construction of the Per- sion to prescribe regulations to protect the privacy kins County Rural Water System and authorize fi- of personal information collected from and about nancial assistance to the Perkins County Rural children on the Internet, and to provide greater pa- Water System, Inc., a nonprofit corporation, in the rental control over the collection and use of that in- planning and construction of the water supply sys- formation, after receiving testimony from Robert tem, with amendments; Pitofsky, Chairman, Federal Trade Commission; Jill S. 744, to authorize the construction of the Fall Lesser, America Online, Deirdre Mulligan, Center River Water Users District Rural Water System and authorize financial assistance to the Fall River Water for Democracy and Technology, Kathryn Montgom- Users District, a non-profit corporation, in the plan- ery, on behalf of the Center for Media Education and ning and construction of the water supply system, Consumer Federation of America, and Arthur B. with amendments; Sackler, Time Warner, Inc., all of Washington, D.C. S. 2041, to amend the Reclamation Wastewater and Groundwater Study and Facilities Act to author- COMMERCIAL SPACE TRANSPORTATION ize the Secretary of the Interior to participate in the Committee on Commerce, Science, and Transportation: Sub- design, planning, and construction of the Willow committee on Science, Technology, and Space con- Lake Natural Treatment System Project for the rec- cluded hearings to examine United States commer- lamation and reuse of water within Salem, Oregon; cial space launch industry activities, after receiving S. 2140, to amend the Reclamation Projects Au- testimony from Gary R. Bachula, Acting Under Sec- thorization and Adjustment Act of 1992 to authorize retary of Commerce for Technology; Daniel S. the Secretary of the Interior to participate in the de- Goldin, Administrator, National Aeronautics and sign, planning, and construction of the Denver Space Administration; John E. Graykowski, Deputy Water Reuse project; Administrator, Maritime Administration, Depart- H.R. 2402, to make technical and clarifying ment of Transportation; Arthur Money, Senior Civil- amendments to improve management of water-relat- ian Official, Office of the Secretary of Defense; Greg- ed facilities in the Western United States, with ory G. Randolph, Goldman, Sachs and Co., New amendments; York, New York; Jerry Rising, Lockheed Martin H.R. 3687, to authorize prepayment of amounts due under a water reclamation project contract for Corporation, and Stephen G. Wurst, Space Access the Canadian River Project, Texas, with an amend- LLC, both of Palmdale, California; Gale Schluter, ment; Boeing Company, Arlington, Virginia; and John W. H.R. 4079, to authorize the construction of tem- Vinter, International Space Brokers, Inc., Rosslyn, perature control devices at Folsom Dam in Califor- Virginia. nia; D1024 CONGRESSIONAL RECORD — DAILY DIGEST September 23, 1998 H.R. 4166, to amend the Idaho Admission Act Forge National Historical Park, with an amendment regarding the sale or lease of school land; in the nature of a substitute; S. 1175, to reauthorize the Delaware Water Gap H.R. 2411, to provide for a land exchange involv- National Recreation Area Citizen Advisory Commis- ing the Cape Cod National Seashore and to extend sion for 10 additional years; the authority for the Cape Cod National Seashore S. 1641, to direct the Secretary of the Interior to Advisory Commission; study alternatives for establishing a national historic S. 991, to make technical corrections to the Om- trail to commemorate and interpret the history of nibus Parks and Public Lands Management Act of women’s rights in the United States, with amend- 1996; ments; S. 2468, to designate the Biscayne National Park S. 1960, to allow the National Park Service to ac- visitor center as the Dante Fascell Visitor Center at quire certain land for addition to the Wilderness Biscayne National Park in Florida, with an amend- Battlefield, as previously authorized by law, by pur- ment; chase or exchange as well as by donation, with an S. 2086, to revise the boundaries of the George amendment; Washington Birthplace National Monument in Vir- S. 2133, to designate former United States Route ginia, with an amendment; 66 as ‘‘America’s Main Street’’ and authorize the Sec- S. 2136, to provide for the exchange of certain retary of the Interior to provide assistance, with an land in the State of Washington, with an amend- amendment; ment; S. 2239, to revise the boundary of Fort Matanzas S. 736, to convey certain real property within the National Monument; Carlsbad Project in New Mexico to the Carlsbad Ir- S. 2240, to establish the Adams National Histori- rigation District, with an amendment; cal Park in the Commonwealth of Massachusetts, S. 2500, to protect the sanctity of contracts and with an amendment; leases entered into by surface patent holders with re- S. 2241, to provide for the acquisition of lands spect to coalbed methane gas, with an amendment; formerly occupied by the Franklin D. Roosevelt fam- and ily at Hyde Park, New York; The nominations of Charles G. Groat, of Texas, to S. 2246, to amend the Act which established the be Director of the United States Geological Survey, Frederick Law Olmsted National Historic Site, in Department of the Interior, and Gregory H. Fried- the Commonwealth of Massachusetts, by modifying man, of Colorado, to be Inspector General, Depart- the boundary; ment of Energy. S. 2247, to permit the payment of medical ex- penses incurred by the U.S. Park Police in the per- BUSINESS MEETING formance of duty to be made directly by the Na- Committee on Environment and Public Works: Commit- tional Park Service; tee ordered favorably reported the following business S. 2248, to allow for waiver and indemnification items: in mutual law enforcement agreements between the The nominations of J. Charles Fox, of Maryland, National Park Service and a state or political sub- to be Assistant Administrator for Water, Romulo L. division, when required by State law; Diaz, Jr., of the District of Columbia, to be Assist- S. 2285, to establish a commission, in honor of ant Administrator for Administration and Resources the 150th Anniversary of the Seneca Falls Conven- Management, and Norine E. Noonan, of Florida, to tion, to further protect sites of importance in the be Assistant Administrator for Research and Devel- historic efforts to secure equal rights for women; opment, all of the Environmental Protection Agency; S. 2297, to provide for the distribution of certain H.R. 8, to amend the Clean Air Act to deny entry publications in units of the National Park System into the United States of certain foreign motor vehi- under a sales agreement between the Secretary of the cles that do not comply with State laws governing Interior and a private contractor, with an amend- motor vehicles emissions; ment; S. 555, to amend the Solid Waste Disposal Act S. 2309, to authorize the Secretary of the Interior to require that at least 85 percent of funds appro- to enter into an agreement for the construction and priated to the Environmental Protection Agency operation of the Gateway Visitor Center at Inde- from the Leaking Underground Storage Tank Trust pendence National Historical Park in Philadelphia, Fund be distributed to States to carry out coopera- Pennsylvania; tive agreements for undertaking corrective action and S. 2401, to authorize the addition of the Paoli for enforcement of subtitle I of that Act, with an Battlefield site in Malvern, Pennsylvania, to Valley amendment in the nature of a substitute; September 23, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D1025 S. 2351, to direct the Secretary of the Interior to INFORMATION SECURITY make corrections to a map relating to the Coastal Committee on Governmental Affairs: Committee re- Barrier Resources System, with an amendment; sumed hearings to examine the status of computer S. 2469, to direct the Secretary of the Interior to security in the Federal Government, focusing on make technical corrections to a map relating to the computer security weaknesses at the Social Security Coastal Barrier Resources System, with an amend- Administration and the Department of Veterans Af- ment; fairs, receiving testimony from James G. Huse, Jr., S. 2470, to direct the Secretary of the Interior to Acting Inspector General, Ed Ryan, Special Agent in make technical corrections to a map relating to the Charge (New York Field Office), and John R. Dyer, Coastal Barrier Resources System, with an amend- Principal Deputy Commissioner, all of the Social Se- ment; curity Administration; Gene L. Dodaro, Assistant S. 2474, A bill to direct the Secretary of the Inte- Comptroller General, Robert F. Dacey, Director for rior to make corrections to certain maps relating to Consolidated Audits and Computer Security Issues, the Coastal Barrier Resources System, with an and Keith Rhodes, Technical Director for Computers amendment; and and Telecommunications, all of the Accounting and S. 2505, to direct the Secretary of the Interior to Information Management Division, General Ac- convey title to the Tunnison Lab Hagerman Field counting Office; and Harold F. Gracey, Jr., Acting Station in Gooding County, Idaho, to the University Assistant Secretary of Veterans Affairs for Informa- of Idaho, with an amendment. tion and Technology. Committee recessed subject to call. PATENT AND TRADEMARK OFFICE CONSOLIDATION RIGHT TO BEAR ARMS Committee on Environment and Public Works: Sub- Committee on the Judiciary: Subcommittee on Constitu- committee on Transportation and Infrastructure con- tion, Federalism, and Property Rights concluded cluded hearings to examine the Patent and Trade- hearings to examine the intent of the Second mark Office plan to consolidate its facilities and op- Amendment of the U.S. Constitution, which pro- erations, after receiving testimony from Robert A. vides the right to keep and bear arms, after receiving Peck, Commissioner, Public Buildings Service, Gen- testimony from Senator Smith; Charlton Heston, eral Services Administration; Bruce A. Lehman, As- Beverly Hills, California, on behalf of the National sistant Secretary and Commissioner, and Jo-Anne Rifle Association of America; Dennis A. Henigan, Barnard, Director for Space Acquisition, both of the Handgun Control, Inc., on behalf of the Center to Patents and Trademark Office, and Johnnie E. Prevent Handgun Violence, and Robert J. Cottrol, Frazier, Acting Inspector General, all of the Depart- George Washington University School of Law, both ment of Commerce; Michael K. Kirk, American In- of Washington, D.C.; Carl T. Bogus, Roger Wil- tellectual Property Law Association, Arlington, Vir- liams University School of Law, Bristol, Rhode Is- ginia; Peter J. Sepp, National Taxpayers Union, Al- land; Joyce Lee Malcolm, Bentley College, Waltham, exandria, Virginia; David E. Williams, Citizens Massachusetts; Robert J. Spitzer, State University of Against Government Waste, and Allan V. Burman, New York, Cortland; Eugene Volokh, University of Jefferson Solutions, both of Washington, D.C.; and California at Los Angeles Law School, Los Angeles, Samuel R. Collins, Deva & Associates, Bethesda, California; and Stephen P. Halbrook, Fairfax, Vir- Maryland. ginia. BUSINESS MEETING NOMINATIONS Committee on Labor and Human Resources: Committee Committee on Foreign Relations: Committee concluded ordered favorably reported the following business hearings on the nominations of Richard Henry Jones, items: of Nebraska, to be Ambassador to the Republic of An original bill to provide for compassionate pay- Kazakhstan, Robert Patrick John Finn, of New ments with regard to individuals with blood-clotting York, to be Ambassador to the Republic of disorders, such as hemophilia, who contracted human Tajikistan, John Shattuck, of Massachusetts, to be immunodeficiency virus due to contaminated blood Ambassador to the Czech Republic, and Michael J. products; Sullivan, of Wyoming, to be Ambassador to Ireland, H.R. 1023, to provide for compassionate pay- after the nominees testified and answered questions ments with regard to individuals with blood-clotting in their own behalf. Mr. Shattuck was introduced by disorders, such as hemophilia, who contracted human Senator Kerry, and Mr. Sullivan was introduced by immunodeficiency virus due to contaminated blood Senators Enzi and Thomas. products; and D1026 CONGRESSIONAL RECORD — DAILY DIGEST September 23, 1998 The nominations of Ida L. Castro, of New York, of New Mexico, to be Commissioner on Children, Paul M. Igasaki, of California and Paul Steven Mil- Youth, and Families, both of the Department of ler, of California, each to be a Member of the Equal Health and Human Services, and Thomasina V. Employment Opportunity Commission, Henry L. So- Rogers, of Maryland, to be a Member of the Occupa- lano, of Colorado, to be Solicitor of the Department tional Safety and Health Review Commission. of Labor, Joy Harjo, of New Mexico, and Joan Spec- ter, of Pennsylvania, each to be a Member of the Na- INTELLIGENCE tional Council on the Arts, Joseph E. Stevens Jr., of Missouri, to be a Member of the Board of Trustees Select Committee on Intelligence: Committee held closed of the Harry S. Truman Scholarship Foundation, hearings on intelligence matters, receiving testimony Jane E. Henney, of New Mexico, to be Commis- from officials of the intelligence community. sioner of Food and Drugs, and Patricia T. Montoya, Committee will meet again on Thursday, Oct. 1. h House of Representatives to the Commission on Maintaining United States Chamber Action Nuclear Weapons Expertise. Pages H8464±65 Bills Introduced: 10 public bills, H.R. 4607–4616; Holocaust Assets in the United States: Read a let- and 1 resolution, H. Con. Res. 329, were intro- ter from the Minority Leader wherein he appointed duced. Pages H8527±28 Representatives Maloney of Connecticut and Sher- Reports Filed: Reports were filed today as follows: man to the Presidential Advisory Commission on H.R. 1154, to provide for administrative proce- Holocaust Assets in the United States. Page H8465 dures to extend Federal recognition to certain Indian Suspensions: The House agreed to suspend the rules groups, amended (H. Rept. 105–737); and pass the following measures: H.R. 4578, to amend the Social Security Act to establish the Protect Social Security Account into Great Lakes Fish and Wildlife Restoration Act: which the Secretary of the Treasury shall deposit H.R. 1481, amended, to amend the Great Lakes Fish budget surpluses until a reform measure is enacted and Wildlife Restoration Act of 1990 to provide for to ensure the long-term solvency of the OASDI trust implementation of recommendations of the United funds, amended (H. Rept. 105–738); States Fish and Wildlife Service contained in the H.R. 4579, to provide tax relief for individuals, Great Lakes Fishery Restoration Study Report. families, and farming and other small businesses, to Agreed to amend the title; Pages H8465±69 provide tax incentives for education, to extend cer- Kickapoo Tribe of Oklahoma Federal Indian tain expiring provisions, amended (H. Rept. Services Restoration Act: H.R. 2314, amended, to 105–739); restore Federal Indian services to members of the H. Res. 549, waiving points of order against the Kickapoo Tribe of Oklahoma residing in Maverick conference report to accompany H.R. 3616, to au- County, Texas, to clarify United States citizenship thorize appropriations for fiscal year 1999 for mili- status of such members, to provide trust land for the tary activities of the Department of Defense, to pre- benefit of the Tribe. Agreed to amend the title; scribe military personnel strengths for fiscal year Pages H8469±70 1999 (H. Rept. 105–740); and Gallatin Land Consolidation Act: H.R. 3381, H. Res. 550, waiving points of order against the amended, to direct the Secretary of Agriculture and conference report to accompany H.R. 4112, making the Secretary of the Interior to exchange land and appropriations for the Legislative Branch for the fis- other assets with Big Sky Lumber Co. Agreed to cal year ending September 30, 1999 (H. Rept. amend the title; Pages H8470±73 105–741). Page H8527 Mount St. Helens National Volcanic Monument Guest Chaplain: The prayer was offered by the Completion Act: H.R. 1659, amended, to provide guest Chaplain, Rev. Dr. Warren Blakeman of Mon- for the expeditious completion of the acquisition of roe, Louisiana. Page H8463 private mineral interests within the Mount St. Hel- United States Nuclear Weapons Expertise: Read ens National Volcanic Monument mandated by the a letter from the Minority Leader wherein he ap- 1982 Act that established the Monument; pointed Henry W. Kendall, Ph.D. of Massachusetts Pages H8473±74 September 23, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D1027 Bicentennial of Lewis and Clark Expedition: H. Privileged Resolution: By a yea and nay vote of Res. 144, amended, to express support for the bicen- 340 yeas to 71 nays, Roll No. 453, the House tennial of the Lewis and Clark Expedition (agreed to agreed to the LaHood motion to table H. Res. 545, by a recorded vote of 416 ayes with none voting impeaching Kenneth W. Starr, an independent coun- ‘‘no’’, Roll No. 454); Pages H8474±77, H8505±06 sel of the United States appointed pursuant to 28 Alaska Native Claims Settlement Act: H.R. United States Code section 593(b), of high crimes 2000, amended, to amend the Alaska Native Claims and misdemeanors. Pages H8502±04 Settlement Act to make certain clarifications to the Privileged Resolution: The Chair ruled that H. land bank protection provisions; Pages H8477±88 Res. 546, ordering the immediate printing of the Technical Corrections in Laws Relating to Na- entire communication received on September 9, tive Americans: H.R. 4068, amended, to make cer- 1998, from an independent counsel, did not con- tain technical corrections in laws relating to Native stitute a question of the privileges of the House and could not be considered at this time. Pages H8504±05 Americans; Pages H8488±90 Diplomatic Relations with Pacific Island Na- WIPO Copyright Treaties Implementation Act: tions: H. Res. 505, expressing the sense of the The House disagreed with the Senate amendment to House of Representatives with respect to the impor- H.R. 2281, to amend title 17, United States Code, tance of diplomatic relations with the Pacific Island to implement the World Intellectual Property Orga- nations (agreed to by a recorded vote of 414 ayes nization Copyright Treaty and Performances and with 1 voting no, Roll No. 455); Phonograms Treaty, and agreed to a conference. Ap- pointed as conferees from the Committee on the Ju- Pages H8490±93, H8506 diciary: Representatives Hyde, Coble, Goodlatte, Condemning Atrocities by Serbian Police Conyers and Berman; and from the Committee on against Albanians: H. Con. Res. 315, amended, ex- Commerce: Representatives Bliley, Tauzin, and Din- pressing the sense of the Congress condemning the gell. Page H8507 atrocities by Serbian police and military forces Presidential Message—National Emergency with against Albanians in Kosova and urging that blocked Angola: Read a message from the President wherein assets of the Federal Republic of Yugoslavia (Serbia he transmits his report concerning the national and Montenegro) under control of the United States emergency with respect to Angola—referred to the and other governments be used to compensate the Committee on International Relations and ordered Albanians in Kosova for losses suffered through Ser- be printed (H. Doc. 105–315). Page H8508 bian police and military action (agreed to by a yea and nay vote of 410 yeas with none voting ‘‘nay’’ Senate Messages: Message received from the Senate and 1 voting ‘‘present’’, Roll No. 456); appears on page H8463. Pages H8493±95, H8506±07 Amendments: Amendments ordered printed pur- suant to the rule appear on pages H8529–33. Richard C. Lee United States Courthouse: S. 1355, amended, to designate the United States Quorum Calls—Votes: Two yea and nay votes and courthouse located in New Haven, Connecticut, as two recorded votes developed during the proceedings the ‘‘Richard C. Lee United States Courthouse’’. of the House today and appear on pages H8503–04, Agreed to amend the title—clearing the measure for H8505–06, H8506, and H8506–07. There were no the President; Pages H8495±96, H8507 quorum calls. Robert K. Rodibaugh United States Bankruptcy Adjournment: The House met at 2:00 p.m. and ad- Courthouse: H.R. 81, to designate the United States journed at 8:22 p.m. courthouse located at 401 South Michigan Street in South Bend, Indiana, as the ‘‘Robert K. Rodibaugh Committee Meetings United States Bankruptcy Courthouse’’; EMERGENCY FOOD ASSISTANCE PROGRAM Pages H8496±97, H8507 ENHANCEMENT ACT Noncitizen Benefit and Other Technical Amend- Committee on Agriculture: Subcommittee on Depart- ments Act: H.R. 4558, amended, to make technical ment Operations, Nutrition, and Foreign Agriculture amendments to clarify the provision of benefits for held a hearing to review the Emergency Food Assist- noncitizens, and to improve the provision of unem- ance Program Enhancement Act of 1998. Testimony ployment insurance, child support, and supplemental was heard from Representative Hall of Ohio; Edward security income benefits. Pages H8498±H8501 M. Cooney, Deputy Administrator, Special Nutrition Recess: The House recessed at 4:30 p.m. and recon- Programs, Food and Nutrition Service, USDA; and vened at 4:45 p.m. Page H8501 public witnesses. D1028 CONGRESSIONAL RECORD — DAILY DIGEST September 23, 1998 MICROENTERPRISE INDUSTRY S. Rezendes, Director, Energy, Natural Resources, Committee on Banking and Financial Services: Held a and Science Issues, Resources, Community, and Eco- hearing on H.R. 4179, to authorize qualified organi- nomic Development Division, GAO; and Charles V. zations to provide technical assistance and capacity Shank, Director, Ernest Orlando Lawrence Berkeley building services to microenterprise development or- National Laboratory. ganizations and programs and to disadvantaged en- SBA SECONDARY MARKET trepreneurs using funds from the Community Devel- Committee on Small Business: Subcommittee on Gov- opment Financial Institutions Fund. Testimony was ernment Programs and Oversight held a hearing heard from Senator Kennedy; Representatives Rush with respect to the SBA Secondary Market in Guar- and DeGette; the following officials of the Depart- anteed Portion of 7(a) Loans. Testimony was heard ment of the Treasury: Michael Barr, Deputy Assist- from Thomas J. McCool, Director, Financial Institu- ant Secretary, Community Development Policy; and tions and Market Issues, GAO; Jane Butler, Acting Ellen Lazar, Director, Community Development Fi- Administrator, Financial Assistance, SBA; and public nancial Institutions Fund; John Gray, Associate Dep- witnesses. uty Administrator, Capital Access, SBA; and public witnesses. Joint Meetings MISCELLANEOUS MEASURE DEFENSE APPROPRIATIONS Committee on Resources: Subcommittee on Water and Conferees agreed to file a conference report on the Power held a hearing on H.R. 3658 Chippewa Cree differences between the Senate and House-passed ver- Tribe of the Rocky Boy’s Reservation Indian Re- sions of H.R. 4103, making appropriations for the served Rights Settlement Act of 1998. Testimony Department of Defense for the fiscal year ending was heard from David J. Hayes, Counsel to the Sec- September 30, 1999. retary, Department of the Interior; and public wit- f nesses. CONFERENCE REPORT—NATIONAL NEW PUBLIC LAWS DEFENSE AUTHORIZATION ACT (For last listing of Public Laws, see DAILY DIGEST, p. D918) Committee on Rules: Granted, by voice vote, a rule H.R. 629, to grant the consent of the Congress to waiving all points of order against the conference re- the Texas Low-Level Radioactive Waste Disposal port to accompany H.R. 3616, National Defense Au- Compact. Signed September 20, 1998. (P.L. thorization Act for Fiscal Year 1999, and against its 105–236) consideration. The rule provides that the conference H.R. 4059, making appropriations for military report shall be considered as read. Testimony was construction, family housing, and base realignment heard from Chairman Spence and Representative and closure for the Department of Defense for the Skelton. fiscal year ending September 30, 1999. Signed Sep- tember 20, 1998. (P.L. 105–237) CONFERENCE REPORT—LEGISLATIVE f BRANCH APPROPRIATION ACT Committee on Rules: Granted, by voice vote, a rule COMMITTEE MEETINGS FOR THURSDAY, waiving all points of order against the conference re- SEPTEMBER 24, 1998 port to accompany H.R. 4112, Legislative Branch (Committee meetings are open unless otherwise indicated) Appropriation Act, 1999, and against its consider- Senate ation. The rule provides that the conference report shall be considered as read. Testimony was heard Committee on Armed Services, Subcommittee on Readi- from Representatives Walsh and Serrano. ness, to hold hearings to examine readiness challenges confronting the United States Army and Marine Forces OVERSIGHT—GAO REPORT—NATIONAL and their ability to successfully execute the National LABORATORY MANAGEMENT REFORM Military Strategy, 10 a.m., SH–216. Committee on Science, Subcommittee on Basic Research Full Committee, to hold open and closed hearings on and the Subcommittee on Energy and Environment the report of the Commission to Assess the Ballistic Mis- sile Threat to the United States, 2 p.m., SH–216. held a joint oversight hearing on the GAO Report Committee on Energy and Natural Resources, to hold over- on Department of Energy National Laboratory Man- sight hearings to examine recent Midwest electricity price agement Reform. Testimony was heard from the fol- spikes, 10 a.m., SD–366. lowing officials of the Department of the Energy: Er- Committee on Finance, to hold hearings on the nomina- nest Moniz, Under Secretary; and John P. McTague, tions of Patricia T. Montoya, of New Mexico, to be Com- Vice-Chairman, Laboratory Operations Board; Victor missioner on Children, Youth, and Families, Department September 23, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D1029 of Health and Human Services, and David C. Williams, Act applicable to the construction of a hydroelectric of Maryland, to be Inspector General, Department of the project in the State of Arkansas, 10 a.m., 2123 Rayburn. Treasury, 10 a.m., SD–215. Committee on Education and the Workforce, Subcommittee Committee on Governmental Affairs, Permanent Sub- on Employer-Employee Relations, to continue hearings on committee on Investigations, to resume hearings to exam- Impediments to Union Democracy, Part IV: Rank and ine the safety of food imports, focusing on legislative, ad- File Rights at the American Radio Association, 2:30 ministrative and regulatory remedies, 9:30 a.m., SD–324. p.m., 2261 Rayburn. Full Committee, business meeting, to consider pending Committee on Government Reform and Oversight, Sub- calendar business, 2:15 p.m., SD–342. committee on Civil Service, hearing on FEHB Premium Committee on the Judiciary, business meeting, to consider Increases for 1999, 11 a.m., 2203 Rayburn. pending calendar business, 9:30 a.m., SD–226. Subcommittee on Human Resources, to consider the Committee on Rules and Administration, to hold closed following draft oversight reports: ‘‘Fixing the Consumer followed by open hearings to examine United States Cap- Price Index: The Bureau of Labor Statistics Needs to De- itol securities issues; and to resume markup of S. 2288, velop a Long Range, Systematic Approach to CPI Im- to provide for the reform and continuing legislative over- provements’’; ‘‘Early Head Start: Linking Early Childhood sight of the production, procurement, dissemination, and Programs to Success’’; ‘‘Hepatitis C: Silent Epidemic, permanent public access of the Government’s publica- Mute Public Health Response’’; and ‘‘Medicare Home tions, 9:30 a.m., SR–301. Health Services: No Surety in the Fight Against Fraud Committee on Small Business, to hold hearings to examine how small businesses can compete with campus book- and Waste’’, 9:30 a.m., 2247 Rayburn. stores, 10 a.m., SR–428A. Subcommittee on Postal Service, to mark up H.R. 22, Committee on Indian Affairs, to hold hearings on H.R. Postal Reform Act of 1997, 10 a.m., 2154 Rayburn. 1805, to amend the Auburn Indian Restoration act to es- Committee on International Relations, hearing on U.S. Pol- tablish restrictions related to gaming on and use of land icy Toward North Korea, 2:00 p.m., 2172 Rayburn. held in trust for the United Auburn Indian Community Subcommittee on Africa, hearing on The Future of the of the Auburn Rancheria of California, and S. 2010, to Western Sahara Referendum, 10:00 a.m., 2172 Rayburn. provide for business development and trade promotion for Committee on National Security, Subcommittee on Mili- Native Americans, 2 p.m., SR–485. tary Personnel, hearing on the adequacy of the fiscal year 1999 Defense health program, 3:00 p.m., 2118 Rayburn. NOTICE Committee on Resources, Subcommittee on National Parks For a listing of Senate committee meetings sched- and Public Lands, oversight hearing on Grand Canyon uled ahead, see page E1790 in today’s Record. National Park, 10 a.m., 1334 Longworth. Committee on Rules, to consider the following: H.R. House 2621, Reciprocal Trade Agreement Authorities Act; H.R. Committee on Banking and Financial Services, Subcommit- 4579, Taxpayer Relief Act of 1998; and H.R. 4578, The tee on Capital Markets, Securities and Government Spon- Save Social Security Act, 10 a.m., H–313 Capitol. sored Enterprises, oversight hearing on the Federal Hous- Committee on Science, Subcommittee on Technology and ing Finance Board, 11:00 a.m., 2128 Rayburn. the Subcommittee on Government Management of the Committee on Commerce, to mark up the following bills: Committee on Government Reform and Oversight, joint H.R. 3888, Consumer Anti-Slamming and Spamming hearing on Y2K: What Every Consumer Should Know, Prevention Act; H.R. 3783, Child Online Protection Act; 2:00 p.m., 2318 Rayburn. H.R. 563, to establish a toll-free number in the Depart- Committee on Transportation and Infrastructure, Sub- ment of Commerce to assist consumers in determining if committee on Coast Guard and Maritime Transportation, products are American-made; H.R. 4353, International oversight hearing on the Programs of the U.S. Maritime Anti-Bribery and Fair Competition Act of 1998; H.R. Administration, 2 p.m., 2167 Rayburn. 4321, Financial Information Privacy Act of 1998; H.R. Subcommittee on Public Buildings and Economic De- 3610, National Oilheat Research Alliance Act of 1998; S. velopment, to mark up the following: GSA Fiscal Year 439, to provide for Alaska State jurisdiction over small 1999 Leasing Program, Courthouse Construction Projects; hydroelectric projects, to address voluntary licensing of and other pending resolutions, 9:00 a.m., 2253 Rayburn. hydroelectric projects on fresh waters in the State of Ha- Committee on Veterans’ Affairs, Subcommittee on Over- waii, to provide an exemption for portion of a hydro- sight and Investigations, hearing on 2000 (Y2K) bio- electric project located in the State of Mexico; and H.R. medical device issues and their impact on the Department 4081, to extend the deadline under the Federal Power of Veterans Affairs, 9:30 a.m., 334 Cannon. D1030 CONGRESSIONAL RECORD — DAILY DIGEST September 23, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, September 24 10 a.m., Thursday, September 24

Senate Chamber House Chamber Program for Thursday: Senate will vote on a motion to Program for Thursday: Consideration of H.R. 4112— close further debate on the motion to proceed to consider- Legislative Branch Appropriations Conference Report ation of S. 2176, Federal Vacancies Reform Act, follow- (rule waiving points of order, 1 hour of debate); ing which Senate will resume consideration of S. 2279, Consideration of H.R. 3616—Department of Defense FAA Authorizations. Authorization Conference Report (rule waiving points of order, 1 hour of debate); Consideration of H.R. 3736—Workforce Improvement and Protection Act of 1998 (modified closed rule, 1 hour of debate); and Consideration of H.R. 4006—Lethal Drug Abuse Pre- vention Act (modified open rule, 1 hour of Debate).

Extensions of Remarks, as inserted in this issue

HOUSE Johnson, Nancy L., Conn., E1778 Petri, Thomas E., Wisc., E1779 Kanjorski, Paul E., Pa., E1774 Radanovich, George P., Calif., E1779 Borski, Robert A., Pa., E1781 Kleczka, Gerald D., Wisc., E1784 Roukema, Marge, N.J., E1775, E1777 Burton, Dan, Ind., E1776, E1782 Klink, Ron, Pa., E1775 Sanchez, Loretta, Calif., E1776 Clyburn, James E., S.C., E1784 Kucinich, Dennis J., Ohio, E1781 Saxton, Jim, N.J., E1777 Cooksey, John, La., E1774 Lantos, Tom, Calif., E1785 Schumer, Charles E., N.Y., E1788 Costello, Jerry F., Ill., E1778 Lee, Barbara, Calif., E1782 Skelton, Ike, Mo., E1776, E1777 Crane, Philip M., Ill., E1780 Levin, Sander M., Mich., E1779 Slaughter, Louise McIntosh, N.Y., E1784 Deutsch, Peter, Fla., E1784 Lewis, Jerry, Calif., E1787 Smith, Adam, Wash., E1783 Ewing, Thomas W., Ill., E1778 Menendez, Robert, N.J., E1773, E1774, E1776 Stokes, Louis, Ohio, E1783 Farr, Sam, Calif., E1778 Miller, George, Calif., E1788 Underwood, Robert A., Guam, E1780 Frelinghuysen, Rodney P., N.J., E1780 Myrick, Sue, N.C., E1779 Visclosky, Peter J., Ind., E1774 Hamilton, Lee H., Ind., E1773, E1775 Neal, Richard E., Mass., E1778 Weygand, Robert A., R.I., E1781 Jenkins, William L., Tenn., E1781 Packard, Ron, Calif., E1780 Wolf, Frank R., Va., E1786

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