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, FRIDAY, FEBRUARY 27, 1998 No. 17 House of Representatives The House was not in session today. Its next meeting will be held on Monday, March 2, 1998, at 2 p.m. Senate FRIDAY, FEBRUARY 27, 1998

The Senate met at 9:30 a.m. and was RECOGNITION OF THE MAJORITY floor action. I believe we cleared four called to order by the President pro LEADER items off the Executive Calendar last tempore (Mr. THURMOND). The PRESIDENT pro tempore. The night. So, rollcall votes are still pos- able majority leader, Senator LOTT of sible in today’s session, but unless we PRAYER Mississippi, is recognized. see more activity than we saw yester- The Chaplain, Dr. Lloyd John f day afternoon, I don’t know that we Ogilvie, offered the following prayer: will get to a recorded vote. But we will Dear Father, we thank You for the THE SENATE STAFF have some announcement on that at Senate family. You have appointed us Mr. LOTT. Mr. President, first I the earliest possible time after I con- to care for one another. We claim the would like to express my thanks to the sult with the managers of the bill and old Scots motto: ‘‘Nae above you, nae Chaplain for his recognition and ex- the minority leader. below you—always with you.’’ We pression of appreciation by the Senate Let me say again, there have been a stand with one another as friends. We for all of those employees who actually lot of speeches made on the floor, both may have different titles but one call- make this institution work. The Sen- last year and earlier this year over the ing: To glorify You as we serve our Na- ators come to the floor and do their past month, about how important this tion. Bless the Senators with a fresh jobs legislatively, but without all of legislation is, how anxious Senators awareness of Your power. our employees who do all the things are to get on this legislation. I have a half dozen to a dozen letters on my Grant renewed strength to the Sen- that make the doors open and the desk from Senators saying, ‘‘Let’s get ators’ staffs who serve with untiring lights come on, we could not get it started; this is so important.’’ dedication and unswerving loyalty. Up- done. Rather than wait until the end of the session and pass a resolution to say Where are you? We need some amend- lift the strategic staffs of both cloak- ments. Let’s throw it up here on the rooms. that, I thought I would say it at the be- ginning. Maybe it will encourage them wall. Let’s get started. We are not Inspire the pages during their time going to be able to stay on this legisla- with us. Give them a vision of legisla- to work even harder in the interim. f tion indefinitely. At some point we are tive process done to Your glory. going to have to say OK, we are going Grant your protection to the Capitol SCHEDULE to stay in at night, over the weekend, police and security people, the subway Mr. LOTT. Mr. President, this morn- so we can finish this legislation and operators, the food service providers, ing the Senate will be in a period for move on to NATO enlargement, the the maintenance crews and the count- morning business until 10 a.m. Follow- budget resolution, the Coverdell A-plus less others who make the Senate fam- ing that, the Senate will resume con- education bill, perhaps a supplemental ily run smoothly. And we thank you sideration of S. 1173, the so-called which would provide funds for Bosnia, for Don Corrigan, who is retiring ISTEA legislation, which funds our Na- Iraq, IMF—in part or in whole. So, we today. Don has served for 20 years as an tion’s surface transportation infra- have a lot of work to do. I have been expert transcriber in the Office of the structure. It is hoped that the Senate saying that now for about a month, and Official Reporters of Debates. will be able to make good progress on class doesn’t seem to be ready to go to Give to all of the staff a sense of im- this important legislation during to- work and take the tests. So, again, I portance and enable all of them to feel day’s session of the Senate. Therefore, plead with my colleagues, let’s get esteemed. Thank you for the dignity Members with amendments to the leg- some amendments started. I am ex- and the privilege of work. Bless us all, islation should contact the managers pecting by late afternoon Monday, and as we reach out to one another with en- of the bill to schedule floor time. certainly on Tuesday and Wednesday, couragement and affirmation. Through In addition, we may consider execu- we are going to be having amendments our Lord and Savior, Amen. tive or legislative business cleared for on a regular basis, and votes.

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

S1133 S1134 CONGRESSIONAL RECORD — SENATE February 27, 1998 Let me add this additional encour- violates the settlement. Have we Saddam is illegally smuggling through Ira- agement. We are not going to let this known Saddam to keep his promises? nian coastal waters. just languish. If we have to go to third What if he does not adhere to the At this U.N.- and U.S.-authorized level, Iraq—under sanctions!—becomes the eighth- reading—I have always had this real agreement as in previous cases? The largest oil exporter in the world. desire to go to third reading and end it. United Nations apparently cannot This embargo-buster passed with little fan- There are some 200 amendments pend- come to an agreement on what to do fare. It barely made the back pages of the ing out here. At some hour, some about it. newspapers. All hands pretended, moreover, Thursday night, we are going to be The President’s failure to lead has that there was no linkage between this bo- scrambling around here trying to get handed America’s foreign policy to a nanza and the subsequent Saddam-Annan an agreement on a list of 50 amend- cast of functionaries at the United Na- deal in Baghdad. But remember that last November, when ments which we will then have to vote tions. Mr. President, U.S. foreign pol- the administration was desperately looking on after 5 minutes of debate, or 2 min- icy should not be subcontracted to Kofi for a way out of the last Iraq crisis, the utes. That’s ridiculous. Annan or written at the United Na- State Department said we’d be willing to It has been a nice 3 months, but it’s tions. America should not sacrifice one offer Saddam a ‘‘carrot’’ to get him to be time to go to work. I am going to be ounce—any other ounce—of her sov- nice. Such as? Such as a sharp increase in counting on some amendments very ereignty to the architect and acolytes the amount of ‘‘humanitarian’’ oil that Iraq soon. If we do not have them by the of one world government. could sell. middle of next week, I am going to This ill-conceived transfer of sov- So last time, when Saddam broke the Gulf War agreements and kicked out U.S. arms start doing everything I can to cut off ereignty has left America and her al- inspectors, the carrot was offered. This time, amendments. Because if they are seri- lies with an emboldened Saddam. In when Saddam broke the Gulf War agree- ous, you will come to the floor and Iraq today, Saddam has a firmer grip ments and stymied all the arms inspectors, offer them. on power, carries more regional pres- the carrot was delivered. With that cheery note, Mr. President, tige and can sell more oil. Some dare Last time, President Clinton flapped about observing no Senator anxious to speak, call this a triumph of diplomacy. threateningly, then watched meekly as the I suggest the absence of a quorum. As I indicated to Secretary Albright Russian foreign minister brokered a ‘‘com- The PRESIDING OFFICER (Mr. this week: ‘‘Preservation of the status promise.’’ This time, Clinton flapped about threateningly, then watched meekly as the GREGG). The clerk will call the roll. quo is not a diplomatic triumph, The assistant legislative clerk pro- U.N. secretary general brokered a new ‘‘com- Madam Secretary, it’s a tragedy. The promise.’’ ceeded to call the roll. clear winner of this round is Saddam Last time, Clinton’s U.N. ambassador Mr. ASHCROFT. Mr. President, I ask Hussein.’’ crowed that Saddam had ‘‘blinked.’’ This unanimous consent that the order for Instead of being penalized for his de- time, Madeleine Albright’s spokesman the quorum call be rescinded. fiance, Saddam is winning bonus deemed the deal ‘‘win-win’’ for us. The PRESIDING OFFICER. Without points: more oil sales, heightened Last time, the deal turned out to be com- pletely worthless, giving Saddam four more objection, it is so ordered. standing, and new momentum to end f months to hide his nasty stuff. This time, the sanctioned regime. Ironically, in the deal is worse than worthless, giving Sad- MORNING BUSINESS agreeing to agree, Saddam has commit- dam crucial victories on the two issues he The PRESIDING OFFICER. The ted to do nothing more than he was cares most about: economic sanctions and Chair notes that, under the previous obliged to do all along. weapons inspections. Mr. President, by the grace of God, 1. Sanctions. Not only did Saddam incur no order, the Senate is in a period for the America won the cold war. We tri- penalty for his open defiance of the United transaction of morning business. The umphed over the ‘‘Evil Empire’’ of Nations and open provocation of the United Senator has 10 minutes. States, he was treated by Annan with a def- Mr. ASHCROFT. The Senator from Lenin and Stalin. It is time for us to erence and flattery that bordered on the in- Missouri thanks the Chair. stand again for liberty and freedom. decent. Moreover, the Annan-Saddam Memo- Saddam is a brutal dictator, a tyrant f randum of Understanding breathes not a whose actions at home betray his in- word of criticism about Iraq’s violating pre- IRAQ tentions abroad. vious agreements, nor about its creating this Mr. ASHCROFT. Mr. President, the Let us sound a certain trumpet for crisis. On the contrary, Annan trashed his latest confrontation with Iraq shines a America’s vital national interests—in own arms inspectors (UNSCOM) as unruly ‘‘cowboys’’ and undertook, in writing, to harsh light on an important truth. The the Middle East and around the world. Let us not be governed by the whims bring Saddam’s ultimate objective, the lift- collapse of the Soviet Union consigned ing of sanctions, ‘‘to the full attention of the to the ash heap of history has not cre- and the will of Kofi Annan and the members of the Security Council.’’ ated a world safe for democracy. The United Nations. Let America lead the Sure enough, upon his return to New York, ‘‘Evil Empire’’ may have vanished but, world by the force of our principles and Annan began emphasing the need to show alas, the world remains a dangerous the power of our ideas, with the hope Iraq ‘‘the light at the end of the tunnel,’’ the and unpredictable place. that one day the long tug of memory Iraqi code phrase for ending sanctions. Like In Iraq, we are confronted with a dic- might look favorably upon us as we Russian Foreign Minister Yevgeny Primakov, who brokered the first nonagree- tator as evil as Hitler. Saddam has look approvingly on those who an- swered freedom’s call in decades past. ment in November, Annan has become killed thousands of his own citizens, li- Saddam’s sanctions-lifting advocate to the censed acts of terrorism, and produced Mr. President, I ask unanimous con- world. Unlike Saddam buddy and ex-KGB and stockpiled weapons of mass de- sent that a column which appeared in biggie Primakow, however, Annan is an ef- struction. It is a reign of terror un- the Washington Post, Friday, the 27th fective shill. matched in the post-cold war era. of February, by Charles Krauthammer 2. Inspections. The United States had de- And how has this administration re- be printed in the RECORD. manded no retreat from free and full access sponded? Rather than draw a bright There being no objection, the article and no tampering by Iraq with the composi- was ordered to be printed in the tion and authority of UNSCOM teams. line in the sand, the President has been Annan came back with a radical change in RECORD, as follows: relegated to the role of spectator. the composition of the inspection teams and The Commander in Chief has surren- A DEAL THAT’S WORSE THAN WORTHLESS— a serious erosion of their authority. Inspec- dered his moral authority at home and PEACE IN OUR TIME—AGAIN tion of ‘‘presidential sites,’’ those huge com- found himself ill-equipped to defend Two days before Kofi Annan made his plexes with hundreds of buildings where Sad- American interests abroad. ‘‘breakthrough’’ in Baghdad, the U.N. Secu- dam could be hiding anything, is taken away At the moment of truth, America’s rity Council, with U.S. approval, authorized from control of UNSCOM, the tough inspec- acting Secretary of State—Kofi a huge increase in the amount of oil that tors whose probity we can rely on. Annan—cut a deal with the devil and, Iraq can sell. In a stroke, this ‘‘humani- These sites are instead entrusted to a new tarian’’ gesture doubled Iraq’s oil income to body, headed by an Annan appointee. It will tragically, a weakened, uncertain $10.5 billion a year. Iraq can now sell nearly comprise political appointees, including dip- President endorsed the settlement be- 2 million barrels a day—about two-thirds of lomat-spies from Iraq-friendly France, Rus- fore the ink had even dried. the oil it was selling when producing at peak sia and China, as well as inspectors who pre- Today, we hear reports that there is capacity before the embargo. And that num- sumably possess the requisite delicacy and no final consensus on what to do if Iraq ber does not even count the oil that we know sensitivity to Iraqi feelings. Iraqis can be so February 27, 1998 CONGRESSIONAL RECORD — SENATE S1135 touchy about their stores of poison gas and Sec. 202. Consistent matching funds require- Sec. 324. National Rural Information Center anthrax. ments under Hatch Act of 1887 Clearinghouse. How do you carry out a spot inspection— and Smith-Lever Act. Sec. 325. Critical Agricultural Materials Act. the only kind that has any hope of finding Sec. 203. Plans of work to address critical re- Subtitle B—Repeals anything—when you first have to notify and search and extension issues and await the arrival of, say, the Russian ap- use of protocols to measure suc- Sec. 341. Aquaculture research facilities. pointee, who has a hot line to the very Iraqi cess of plans. Sec. 342. Agricultural research program under regime he is supposed to inspect? Inspector National Agricultural Research, Subtitle B—National Agricultural Research, Clouseau has a better chance of finding con- Extension, and Teaching Policy Extension, and Teaching Policy Act of 1977 cealed nerve gas than this polyglot outfit of Act Amendments of 1981. compromised politicians and handpicked in- Sec. 211. Plans of work for 1890 land-grant col- Sec. 343. Livestock product safety and inspec- spectors. leges to address critical research tion program. So tote it up. For Saddam: No penalty. and extension issues and use of Sec. 344. Generic authorization of appropria- Annan shilling for his demand to end all protocols to measure success of tions. sanctions. UNSCOW undermined. Presi- plans. Sec. 212. Matching funds requirement for re- TITLE IV—NEW RESEARCH, EXTENSION, dential palaces secure for storing anthrax AND EDUCATION INITIATIVES and such. And his oil output doubled. search and extension activities at Another triumph of Clinton diplomacy. 1890 land-grant colleges, includ- Subtitle A—Partnerships for High-Value f ing Tuskegee University. Agricultural Product Quality Research. Sec. 213. International research, extension, and Sec. 401. Definitions. AGRICULTURAL RESEARCH, EX- teaching. Sec. 402. Establishment and characteristics of TENSION, AND EDUCATION RE- Sec. 214. Task force on 10-year strategic plan partnerships. FORM ACT OF 1997 for agricultural research facilities. Sec. 403. Elements of grant making process. Mr. ASHCROFT. Mr. President, I ask Subtitle C—Food, Agriculture, Conservation, Sec. 404. Authorization of appropriations and the Chair lay before the Senate a mes- and Trade Act of 1990 related provisions. sage from the House of Representatives Sec. 231. Agricultural genome initiative. Subtitle B—Precision Agriculture on the bill (S. 1150) to ensure that fed- Subtitle D—National Research Initiative Sec. 411. Definitions. erally funded agricultural research, ex- Sec. 241. Waiver of matching requirement for Sec. 412. Competitive grants to promote preci- tension, and education address high- certain small colleges and univer- sion agriculture. priority concerns with national sities. Sec. 413. Reservation of funds for education Subtitle E—Other Existing Laws and information dissemination multistate significance, to reform, ex- projects. Sec. 251. Findings, authorities, and competitive tend, and eliminate certain agricul- Sec. 414. Precision agriculture partnerships. research grants under Forest and tural research programs, and for other Sec. 415. Miscellaneous provisions. Rangeland Renewable Resources purposes. Sec. 416. Authorization of appropriations. Research Act of 1978. The PRESIDING OFFICER (Mr. Subtitle C—Other Initiatives GREGG) laid before the Senate the fol- TITLE III—EXTENSION OR REPEAL OF lowing message from the House of Rep- RESEARCH, EXTENSION, AND EDUCATION Sec. 421. High-priority research and extension initiatives. resentatives: INITIATIVES Subtitle A—Extensions Sec. 422. Organic agriculture research and ex- Resolved, That the bill from the Senate (S. tension initiative. Sec. 301. National Research Initiative under 1150) entitled ‘‘An Act to ensure that feder- Sec. 423. United States-Mexico joint agricul- Competitive, Special, and Facili- ally funded agricultural research, extension, tural research. ties Research Grant Act. and education address high-priority Sec. 424. Competitive grants for international Sec. 302. Equity in Educational Land-Grant concerns with national or multistate signifi- agricultural science and edu- Status Act of 1994. cance, to reform, extend, and eliminate cer- cation programs. Sec. 303. Education grants programs for His- tain agricultural research programs, and for Sec. 425. Food animal residue avoidance data- other purposes’’, do pass with the following panic-serving institutions. base program. amendment: Sec. 304. General authorization for agricultural Strike out all after the enacting clause and research programs. Sec. 426. Development and commercialization of insert: Sec. 305. General authorization for extension new biobased products. Sec. 427. Thomas Jefferson Initiative for Crop SECTION 1. SHORT TITLE; TABLE OF CONTENTS. education. Diversification. (a) SHORT TITLE.—This Act may be cited as Sec. 306. Grants and fellowships for food and the ‘‘Agricultural Research, Extension, and agricultural sciences education. Sec. 428. Integrated research, education, and Education Reauthorization Act of 1997’’. Sec. 307. Grants for research on the production extension competitive grants pro- (b) TABLE OF CONTENTS.—The table of con- and marketing of alcohols and in- gram. tents of this Act is as follows: dustrial hydrocarbons from agri- Sec. 429. Research grants under Equity in Edu- Sec. 1. Short title; table of contents. cultural commodities and forest cational Land-Grant Status Act of 1994. TITLE I—COORDINATION, PLANNING, AND products. DEFINITIONS REGARDING AGRICUL- Sec. 308. Policy research centers. TITLE V—MISCELLANEOUS PROVISIONS TURAL RESEARCH, EXTENSION, AND Sec. 309. Human nutrition intervention and Sec. 501. Role of Secretary of Agriculture re- EDUCATION health promotion research pro- garding food and agricultural gram. Sec. 101. Priorities and management principles sciences research, education, and Sec. 310. Pilot research program to combine for federally supported and con- extension. medical and agricultural research. Sec. 502. Office of Pest Management Policy. ducted agricultural research, edu- Sec. 311. Food and nutrition education pro- Sec. 503. Food Safety Research Information Of- cation, and extension. gram. Sec. 102. Principal definitions regarding agri- fice and national conference. Sec. 312. Animal health and disease continuing cultural research, education, and Sec. 504. Nutrient composition data. research. extension. Sec. 313. Animal health and disease national or Sec. 505. Availability of funds received or col- Sec. 103. Consultation with National Agricul- regional research. lected on behalf of National Arbo- tural Research, Extension, Edu- Sec. 314. Grant program to upgrade agricultural retum. cation, and Economics Advisory and food sciences facilities at 1890 Sec. 506. Retention and use of Agricultural Re- Board. search Service patent culture col- Sec. 104. Relevance and merit of federally fund- land-grant colleges. Sec. 315. National research and training cen- lection fees. ed agricultural research, exten- tennial centers. Sec. 507. Reimbursement of expenses incurred sion, and education. under Sheep Promotion, Research, Sec. 105. Expansion of authority to enter into Sec. 316. Supplemental and alternative crops re- search. and Information Act of 1994. cost-reimbursable agreements. Sec. 508. Designation of Kika de la Garza Sub- Sec. 106. Evaluation and assessment of agricul- Sec. 317. Aquaculture research and extension. Sec. 318. Rangeland research. tropical Agricultural Research tural research, extension, and Center, Weslaco, Texas. education programs. Sec. 319. Federal agricultural research facili- ties. Sec. 509. Sense of Congress regarding Agricul- TITLE II—REFORM OF EXISTING RE- Sec. 320. Water quality research, education, tural Research Service emphasis SEARCH, EXTENSION, AND EDUCATION and coordination. on in field research regarding AUTHORITIES Sec. 321. National genetics resources program. methyl bromide alternatives. Subtitle A—Smith-Lever Act and Hatch Act of Sec. 322. Agricultural telecommunications pro- Sec. 510. Sense of Congress regarding impor- 1887 gram. tance of school-based agricultural Sec. 201. Adoption of short titles for Smith- Sec. 323. Assistive technology program for farm- education. Lever Act and Hatch Act of 1887. ers with disabilities. Sec. 511. Sense of Congress regarding designa- tion of Department Crisis Man- agement Team. S1136 CONGRESSIONAL RECORD — SENATE February 27, 1998 TITLE I—COORDINATION, PLANNING, AND ucts, including agricultural trade barrier identi- ‘‘SEC. 1461. RELEVANCE AND MERIT OF FEDER- DEFINITIONS REGARDING AGRICUL- fication and comprehension. ALLY FUNDED AGRICULTURAL RE- TURAL RESEARCH, EXTENSION, AND ‘‘(N) Information management and technology SEARCH, EXTENSION, AND EDU- CATION. EDUCATION transfer related to agriculture. ‘‘(a) REVIEW OF COOPERATIVE STATE RE- SEC. 101. PRIORITIES AND MANAGEMENT PRIN- ‘‘(O) Biotechnology related to agriculture.’’. SEARCH, EDUCATION, AND EXTENSION SERVICE.— CIPLES FOR FEDERALLY SUPPORTED (b) REFERENCES TO TEACHING OR EDU- ‘‘(1) PEER REVIEW OF RESEARCH GRANTS.—The AND CONDUCTED AGRICULTURAL CATION.—Paragraph (14) of such section is RESEARCH, EDUCATION, AND EXTEN- Secretary shall establish procedures that provide SION. amended by striking ‘‘the term ‘teaching’ for scientific peer review of each agricultural re- means’’ and inserting ‘‘TEACHING AND EDU- (a) PRIORITY SETTING PROCESS.—Section 1402 search grant administered, on a competitive of the National Agricultural Research, Exten- CATION.—The terms ‘teaching’ and ‘education’ basis, by the Cooperative State Research, Edu- sion, and Teaching Policy Act of 1977 (7 U.S.C. mean’’. cation, and Extension Service of the Depart- 3101) is amended— (c) APPLICATION OF DEFINITIONS TO AGRICUL- ment. (1) by inserting ‘‘(a) PURPOSES.—’’ before TURAL RESEARCH, EXTENSION, AND EDU- ‘‘(2) MERIT REVIEW OF EXTENSION AND EDU- ‘‘The purposes’’; and CATION.—Such section is further amended by CATION.—The Secretary shall establish proce- (2) by adding at the end the following new striking the section heading and all that follows dures that provide for merit review of each agri- subsection: through the matter preceding paragraph (1) and cultural extension or education grant adminis- ‘‘(b) PRIORITY SETTING PROCESS.—Consistent inserting the following: tered, on a competitive basis, by the Cooperative with subsection (a), the Secretary shall establish ‘‘SEC. 1404. PRINCIPAL DEFINITIONS REGARDING State Research, Education, and Extension Serv- priorities for agricultural research, extension, AGRICULTURAL RESEARCH, EDU- ice. The Secretary shall consult with the Advi- and education activities conducted or funded by CATION, AND EXTENSION. sory Board in establishing such merit review the Department. In establishing such priorities, ‘‘When used in this title or any other law re- procedures. the Secretary shall solicit and consider input lating to any research, extension, or education ‘‘(b) REQUESTS FOR PROPOSALS: REQUEST AND and recommendations from the Advisory Board activities of the Department of Agriculture re- CONSIDERATION OF INPUT.—When formulating a and persons who conduct or use agricultural re- garding the food and agricultural sciences (un- request for proposals involving an agricultural search, extension, or education.’’. less the context requires otherwise):’’. research, extension, or education activity to be (b) MANAGEMENT PRINCIPLES.—Such section is (d) IN-KIND SUPPORT.—Such section is further funded by the Secretary on a competitive basis, further amended by adding after subsection (b), amended by adding at the end the following the Secretary shall solicit and consider input as added by subsection (a)(2), the following new new paragraph: from the Advisory Board and users of agricul- subsection: ‘‘(18) IN-KIND SUPPORT.—The term ‘in-kind tural research, extension, and education regard- ANAGEMENT PRINCIPLES.—To the maxi- ‘‘(c) M support’, with regard to a requirement that the ing the request for proposals for the preceding mum extent practicable, the Secretary shall en- recipient of funds provided by the Secretary year. If an agricultural research, extension, or sure that agricultural research, education, and match all or some portion of the amount of the education activity has not been the subject of a extension activities conducted or funded by the funds, means contributions such as office space, previous request for proposals, the Secretary Department are accomplished in a manner equipment, and staff support.’’. shall solicit and consider input from the Advi- that— sory Board and users of agricultural research, (e) CONFORMING AMENDMENTS.—Such section ‘‘(1) integrates agricultural research, edu- extension, and education before publication of is further amended— cation, and extension functions to better link re- the first request for proposals regarding the ac- (1) by striking ‘‘the term’’ in paragraphs (1), search to technology transfer and information tivity. (2), (3), (5), (6), (7), (10) through (13), and (15), dissemination activities; ‘‘(c) SCIENTIFIC PEER REVIEW OF AGRICUL- (16), and (17) and inserting ‘‘The term’’; ‘‘(2) encourages multi-State and multi-institu- TURAL RESEARCH.— tional programs to address relevant issues of (2) in paragraph (4), by striking ‘‘the terms’’ ‘‘(1) PEER REVIEW PROCEDURES.—The Sec- common concern and to better leverage scarce and inserting ‘‘The terms’’; retary shall establish procedures that ensure sci- resources; and (3) in paragraph (9), by striking ‘‘the term’’ entific peer review of all research activities con- ‘‘(3) achieves agricultural research, education, the first place it appears and inserting ‘‘The ducted by the Department of Agriculture. and extension objectives through multi-institu- term’’; ‘‘(2) REVIEW PANEL REQUIRED.—As part of the tional and multifunctional approaches and by (4) by striking the semicolon at the end of procedures established under paragraph (1), a conducting research at facilities and institutions paragraphs (1) through (7) and (9) through (15) review panel shall verify, at least once every best equipped to achieve those objectives.’’. and inserting a period; and three years, that each research activity of the (c) CLERICAL AMENDMENT.—The heading of (5) in paragraph (16)(F), by striking ‘‘; and’’ Department and research conducted under each such section is amended by inserting ‘‘, PRIOR- and inserting a period. research program of the Department have sci- ITIES, AND MANAGEMENT PRINCIPLES’’ entific merit and relevance. If the research ac- after ‘‘ ’’. SEC. 103. CONSULTATION WITH NATIONAL AGRI- PURPOSES CULTURAL RESEARCH, EXTENSION, tivity or program to be reviewed is included in SEC. 102. PRINCIPAL DEFINITIONS REGARDING EDUCATION, AND ECONOMICS ADVI- the research, educational, and economics mis- AGRICULTURAL RESEARCH, EDU- SORY BOARD. sion area of the Department, the review panel CATION, AND EXTENSION. Subsection (d) of section 1408 of the National shall consider— (a) FOOD AND AGRICULTURAL SCIENCES.— Agricultural Research, Extension, and Teaching ‘‘(A) the scientific merit and relevance of the Paragraph (8) of section 1404 of the National Policy Act of 1977 (7 U.S.C. 3123) is amended to activity or research in light of the priorities es- Agricultural Research, Extension, and Teaching read as follows: tablished pursuant to section 1402(b) ; and Policy Act of 1977 (7 U.S.C. 3103) is amended to ‘‘(d) CONSULTATION.— ‘‘(B) the national or multi-State significance read as follows: of the activity or research. ‘‘(8) FOOD AND AGRICULTURAL SCIENCES.—The ‘‘(1) AS AFFECTING ADVISORY BOARD.—In car- rying out this section, the Advisory Board shall ‘‘(3) COMPOSITION OF REVIEW PANEL.—A re- term ‘food and agricultural sciences’ means view panel shall be composed of individuals basic, applied, and developmental research, ex- solicit opinions and recommendations from per- sons who will benefit from and use federally with scientific expertise, a majority of whom are tension, and teaching activities in food and not employees of the agency whose research is fiber, agricultural, renewable natural resources, funded agricultural research, extension, edu- cation, and economics. being reviewed. To the extent possible, the Sec- forestry, and physical and social sciences, in- retary shall use scientists from colleges and uni- ‘‘(2) AS AFFECTING SECRETARY.—To comply cluding (but not limited to) activities relating to versities to serve on the review panels. with a provision of this title or any other law the following: ‘‘(4) SUBMISSION OF RESULTS.—The results of that requires the Secretary to consult or cooper- ‘‘(A) Animal health, production, and well- the panel reviews shall be submitted to the Advi- ate with the Advisory Board or that authorizes being. sory Board. ‘‘(B) Plant health and production. the Advisory Board to submit recommendations ‘‘(5) APPLICABILITY OF OTHER LAWS.—The ‘‘(C) Animal and plant germ plasm collection to the Secretary, the Secretary shall— Federal Advisory Committee Act (5 U.S.C. App.) and preservation. ‘‘(A) solicit the written opinions and rec- ‘‘(D) Aquaculture. and title XVIII of this Act (7 U.S.C. 2281 et seq.) ommendations of the Advisory Board; and shall not apply to a review panel. ‘‘(E) Food safety. ‘‘(B) provide a written response to the Advi- ‘‘(F) Soil and water conservation and im- ‘‘(d) MERIT REVIEW OF COLLEGE AND UNIVER- sory Board regarding the manner and extent to SITY RESEARCH AND EXTENSION ACTIVITIES.— provement. which the Secretary will implement rec- ‘‘(G) Forestry, horticulture, and range man- ‘‘(1) LAND-GRANT INSTITUTIONS.—Effective be- ommendations submitted by the Advisory agement. ginning October 1, 1998, to be eligible to obtain Board.’’. ‘‘(H) Nutritional sciences and promotion. agricultural research or extension funds from ‘‘(I) Farm enhancement, including financial SEC. 104. RELEVANCE AND MERIT OF FEDERALLY the Secretary for an activity, a land-grant col- management, input efficiency, and profitability. FUNDED AGRICULTURAL RESEARCH, lege or university shall— ‘‘(J) Home economics. EXTENSION, AND EDUCATION. ‘‘(A) establish a process for merit review of the ‘‘(K) Rural human ecology. (a) REVIEW OF RELEVANCE AND MERIT.—Sub- activity; and ‘‘(L) Youth development and agricultural edu- title K of the National Agricultural Research, ‘‘(B) review the activity in accordance with cation, including 4–H. Extension, and Teaching Policy Act of 1977 is the process. ‘‘(M) Expansion of domestic and international amended by inserting before section 1463 (7 ‘‘(2) 1994 INSTITUTIONS.—Effective beginning markets for agricultural commodities and prod- U.S.C. 3311) the following new section: October 1, 1998, to obtain agricultural extension February 27, 1998 CONGRESSIONAL RECORD — SENATE S1137 funds from the Secretary for an activity, each ments of such allotment shall be made to a (A) in section 3 (7 U.S.C. 361c)— 1994 Institution (as defined in section 532 of the State, in excess of the amount which the State (i) in subsection (b)(1), by striking ‘‘subsection Equity in Educational Land-Grant Status Act of makes available out of non-Federal funds for 3(c)(3)’’ and inserting ‘‘subsection (c)3’’; and 1994 (Public Law 103–382; 7 U.S.C. 301 note)) agricultural research and for the establishment (ii) in subsection (e), by striking ‘‘subsection shall— and maintenance of facilities for the perform- 3(c)3’’ and inserting ‘‘subsection (c)3’’; and ‘‘(A) establish a process for merit review of the ance of such research. (B) in section 5 (7 U.S.C. 361e), by striking activity; and ‘‘(2) FAILURE TO PROVIDE MATCHING FUNDS.— ‘‘regional research fund authorized by sub- ‘‘(B) review the activity in accordance with If a State fails to comply with the requirement section 3(c)(3)’’ and inserting ‘‘Regional re- the process.’’. to provide matching funds for a fiscal year search fund, State agricultural experiment sta- (b) REPEAL OF PROVISIONS FOR WITHHOLDING under paragraph (1), the Secretary of Agri- tions’’. FUNDS.— culture shall withhold from payment to the SEC. 203. PLANS OF WORK TO ADDRESS CRITICAL (1) SMITH-LEVER ACT.—Section 6 of the Smith- State for that fiscal year an amount equal to the RESEARCH AND EXTENSION ISSUES Lever Act (7 U.S.C. 346) is repealed. difference between— AND USE OF PROTOCOLS TO MEAS- (2) HATCH ACT OF 1887.—Section 7 of the Hatch ‘‘(A) the amount that would be allotted and URE SUCCESS OF PLANS. Act of 1887 (7 U.S.C. 361g) is amended by strik- paid to the State under subsections (b) and (c) (a) SMITH-LEVER ACT.—Section 4 of the ing the last paragraph. (if the full amount of matching funds were pro- Smith-Lever Act (7 U.S.C. 344) is amended— (3) NATIONAL AGRICULTURAL RESEARCH, EX- vided by the State); and (1) by striking ‘‘SEC. 4.’’ and inserting the fol- TENSION, AND TEACHING POLICY ACT OF 1977.— ‘‘(B) the amount of matching funds actually lowing: The National Agricultural Research, Extension, provided by the State. ‘‘SEC. 4. ASCERTAINMENT OF ENTITLEMENT OF and Teaching Policy Act of 1977 is amended— ‘‘(3) REAPPORTIONMENT.—The Secretary shall STATE TO FUNDS, TIME AND MAN- (A) in section 1444 (7 U.S.C. 3221)— reapportion amounts withheld under paragraph NER OF PAYMENT, STATE REPORT- (i) by striking subsection (f); and (2) for a fiscal year among the States satisfying ING REQUIREMENTS, AND PLANS (ii) by redesignating subsection (g) as sub- the matching requirement for that fiscal year. FOR WORK. section (f); Any reapportionment of funds under this para- ‘‘(a) ASCERTAINMENT OF ENTITLEMENT.—’’; (B) in section 1445(g) (7 U.S.C. 3222(g)), by graph shall be subject to the matching require- (2) in the last sentence, by striking ‘‘Such striking paragraph (3); and ment specified in paragraph (1). sums’’ and inserting the following: (C) by striking section 1468 (7 U.S.C. 3314). ‘‘(4) EXCEPTION.—Paragraph (1) shall not ‘‘(b) TIME AND MANNER OF PAYMENT; RELAT- apply to funds provided to a State from the Re- SEC. 105. EXPANSION OF AUTHORITY TO ENTER ED REPORTS.—The amount to which a State is INTO COST-REIMBURSABLE AGREE- gional research fund, State agricultural experi- entitled’’; and MENTS. ment stations.’’. (3) by adding at the end the following new Section 1473A of the National Agricultural Re- (b) SMITH-LEVER ACT.—Section 3 of the subsections: search, Extension, and Teaching Policy Act of Smith-Lever Act (7 U.S.C. 343) is amended— ‘‘(c) REQUIREMENTS RELATED TO PLAN OF 1977 (7 U.S.C. 3319a) is amended in the first sen- (1) in subsection (c)2, by striking ‘‘That pay- WORK.—Each extension plan of work for a State tence by inserting ‘‘or other colleges and univer- ments’’ and all that follows through ‘‘Provided required under subsection (a) shall contain de- sities’’ after ‘‘institutions’’. further,’’; and (2) by striking subsections (e) and (f) and in- scriptions of the following: SEC. 106. EVALUATION AND ASSESSMENT OF AG- ‘‘(1) The critical short-term, intermediate, and RICULTURAL RESEARCH, EXTEN- serting the following new subsections: SION, AND EDUCATION PROGRAMS. ‘‘(e) MATCHING FUNDS.— long-term agricultural issues in the State and the current and planned extension programs (a) EVALUATION.—The Secretary shall conduct ‘‘(1) REQUIREMENT.—No allotment shall be and projects targeted to address such issues. a performance evaluation to determine whether made to a State under subsections (b) and (c), agricultural research, extension, and education and no payments of such allotment shall be ‘‘(2) The process established to consult with programs conducted or funded by the Depart- made to a State, in excess of the amount which extension users regarding the identification of ment of Agriculture result in public benefits that the State makes available out of non-Federal critical agricultural issues in the State and the have national or multi-State significance. funds for cooperative extension work. development of extension programs and projects targeted to address such issues. (b) GUIDELINES FOR PERFORMANCE MEASURE- ‘‘(2) FAILURE TO PROVIDE MATCHING FUNDS.— ‘‘(3) The efforts made to identify and collabo- MENT.—The Secretary shall develop practical If a State fails to comply with the requirement guidelines for measuring the performance of ag- to provide matching funds for a fiscal year rate with other colleges and universities within ricultural research, extension and education under paragraph (1), the Secretary of Agri- the State and other States that have unique ca- programs evaluated under subsection (a). culture shall withhold from payment to the pacity to address the identified agricultural State for that fiscal year an amount equal to the issues in the State and current and emerging ef- TITLE II—REFORM OF EXISTING RE- difference between— forts to work with these other institutions and SEARCH, EXTENSION, AND EDUCATION ‘‘(A) the amount that would be allotted and States. AUTHORITIES paid to the State under subsections (b) and (c) ‘‘(4) The manner in which research and exten- Subtitle A—Smith-Lever Act and Hatch Act of (if the full amount of matching funds were pro- sion, including research and extension activities 1887 vided by the State); and funded other than through formula funds, will SEC. 201. ADOPTION OF SHORT TITLES FOR ‘‘(B) the amount of matching funds actually cooperate to address the critical issues in the SMITH-LEVER ACT AND HATCH ACT provided by the State. State, including the activities to be carried out OF 1887. ‘‘(3) REAPPORTIONMENT.—The Secretary shall separately, the activities to be carried out se- (a) SMITH-LEVER ACT.—The Act of May 8, reapportion amounts withheld under paragraph quentially, and the activities to be carried out 1914 (commonly known as the Smith-Lever Act; (2) for a fiscal year among the States satisfying jointly. 7 U.S.C. 341 et seq.), is amended by adding at the matching requirement for that fiscal year. ‘‘(5) The education and outreach programs al- the end the following new section: Any reapportionment of funds under this para- ready underway to convey currently available ‘‘SEC. 11. SHORT TITLE. graph shall be subject to the matching require- research results that are pertinent to a critical ‘‘This Act may be cited as the ‘Smith-Lever ment specified in paragraph (1). agricultural issue, including efforts to encour- Act’.’’. ‘‘(f) MATCHING FUNDS EXCEPTION FOR 1994 IN- age multi-county cooperation in the dissemina- (b) HATCH ACT OF 1887.—The Act of March 2, STITUTIONS.—There shall be no matching re- tion of research results. 1887 (commonly known as the Hatch Act of 1887; quirement for funds made available to 1994 In- ‘‘(d) EXTENSION PROTOCOLS.—The Secretary 7 U.S.C. 361a et seq.), is amended by adding at stitutions pursuant to subsection (b)(3).’’. of Agriculture shall develop protocols to be used the end the following new section: (c) TECHNICAL CORRECTIONS.— to evaluate the success of multi-State, multi-in- (1) RECOGNITION OF STATEHOOD OF ALASKA ‘‘SEC. 10. SHORT TITLE. stitutional, and multidisciplinary extension ac- AND HAWAII.—Section 1 of the Hatch Act of 1887 tivities and joint research and extension activi- ‘‘This Act may be cited as the ‘Hatch Act of (7 U.S.C. 361a) is amended by striking ‘‘Alaska, ties in addressing critical agricultural issues 1887’.’’. Hawaii,’’. identified in the plans of work submitted under (c) COORDINATION WITH OTHER AMEND- (2) ROLE OF SECRETARY OF AGRICULTURE.— subsection (a). The Secretary shall develop the MENTS.—For purposes of executing amendments Section 3 of the Smith-Lever Act (7 U.S.C. 343) protocols in consultation with the National Ag- made by provisions of this Act (other than this is amended— section), this section shall be treated as having (A) in subsection (b)(1), by striking ‘‘Federal ricultural Research, Extension, Education, and been enacted immediately before the other provi- Extension Service’’ and inserting ‘‘Secretary of Economics Advisory Board and land-grant col- sions of this Act. Agriculture’’; leges and universities. SEC. 202. CONSISTENT MATCHING FUNDS RE- (B) in subsection (c)1, by striking ‘‘Federal ‘‘(e) TREATMENT OF PLANS OF WORK FOR QUIREMENTS UNDER HATCH ACT OF Extension Service’’ and inserting ‘‘Secretary of OTHER PURPOSES.—To the extent practicable, 1887 AND SMITH-LEVER ACT. Agriculture’’; the Secretary shall consider plans of work sub- (a) HATCH ACT OF 1887.—Subsection (d) of sec- (C) in subsection (d), by striking ‘‘Federal Ex- mitted under subsection (a) to satisfy other ap- tion 3 of the Hatch Act of 1887 (7 U.S.C. 361c) tension Service’’ and inserting ‘‘Secretary of Ag- propriate Federal reporting requirements.’’. is amended to read as follows: riculture’’; and (b) HATCH ACT OF 1887.—Section 7 of the ‘‘(d) MATCHING FUNDS.— (D) in subsection (g)(1), by striking ‘‘through Hatch Act of 1887 (7 U.S.C. 361g), as amended ‘‘(1) REQUIREMENT.—Except as provided in the Federal Extension Service’’. by section 104(b), is further amended— paragraph (4), no allotment shall be made to a (3) REFERENCES TO REGIONAL RESEARCH (1) by striking ‘‘SEC. 7.’’ and inserting the fol- State under subsections (b) and (c), and no pay- FUND.—The Hatch Act of 1887 is amended— lowing: S1138 CONGRESSIONAL RECORD — SENATE February 27, 1998 ‘‘SEC. 7. DUTIES OF SECRETARY, ASCERTAIN- (1) by striking ‘‘(d)’’ and inserting the follow- current and planned research programs and MENT OF ENTITLEMENT OF STATE ing: projects targeted to address such issues. TO FUNDS, AND PLANS FOR WORK. ‘‘(d) ASCERTAINMENT OF ENTITLEMENT TO ‘‘(B) The process established to consult with ‘‘(a) DUTIES OF SECRETARY.—’’; FUNDS; TIME AND MANNER OF PAYMENT; STATE users of agricultural research regarding the (2) by striking ‘‘On or before’’ and inserting REPORTING REQUIREMENTS; AND PLANS FOR identification of critical agricultural issues in the following: WORK.— the State and the development of research pro- ‘‘(b) ASCERTAINMENT OF ENTITLEMENT.—On or ‘‘(1) ASCERTAINMENT OF ENTITLEMENT.—’’; grams and projects targeted to address such before’’; (2) in the last sentence, by striking ‘‘Such issues. (3) by striking ‘‘Whenever it shall appear’’ sums’’ and inserting the following: ‘‘(C) Other colleges and universities in the and inserting the following: ‘‘(2) TIME AND MANNER OF PAYMENT; RELATED State and other States that have unique capac- ‘‘(c) EFFECT OF FAILURE TO EXPEND FULL AL- REPORTS.—The amount to which an eligible in- ity to address the identified agricultural issues LOTMENT.—Whenever it shall appear’’; and stitution is entitled’’; and in the State. (4) by adding at the end the following new (3) by adding at the end the following new ‘‘(D) The current and emerging efforts to work subsections: paragraphs: with these other institutions and States to build ‘‘(d) PLAN OF WORK REQUIRED.—Before funds ‘‘(3) REQUIREMENTS RELATED TO PLAN OF on each other’s experience and take advantage may be provided to a State under this Act for WORK.—Each extension plan of work for an eli- of each institution’s unique capacities. any fiscal year, plans for the work to be carried gible institution required under this section ‘‘(E) The manner in which research and ex- on under this Act shall be submitted by the shall contain descriptions of the following: tension, including research and extension ac- proper officials of the State and approved by the ‘‘(A) The critical short-term, intermediate, tivities funded other than through formula Secretary of Agriculture. and long-term agricultural issues in the State in funds, will cooperate to address the critical ‘‘(e) REQUIREMENTS RELATED TO PLAN OF which the eligible institution is located and the issues in the State, including the activities to be WORK.—Each research plan of work for a State current and planned extension programs and carried out separately, the activities to be car- required under subsection (d) shall contain de- projects targeted to address such issues. ried out sequentially, and the activities to be scriptions of the following: ‘‘(B) The process established to consult with carried out jointly. ‘‘(1) The critical short-term, intermediate, and extension users regarding the identification of ‘‘(4) RESEARCH PROTOCOLS.—The Secretary of long-term agricultural issues in the State and critical agricultural issues in the State and the Agriculture shall develop protocols to be used to the current and planned research programs and development of extension programs and projects evaluate the success of multi-State, multi-insti- projects targeted to address such issues. targeted to address such issues. tutional, and multidisciplinary research activi- ‘‘(2) The process established to consult with ‘‘(C) The efforts made to identify and collabo- ties and joint research and extension activities users of agricultural research regarding the rate with other colleges and universities within in addressing critical agricultural issues identi- identification of critical agricultural issues in the State and other States that have unique ca- fied in the plans of work submitted under para- the State and the development of research pro- pacity to address the identified agricultural graph (2). The Secretary shall develop the proto- grams and projects targeted to address such issues in the State and current and emerging ef- cols in consultation with the Advisory Board issues. forts (including regional research efforts) to and land-grant colleges and universities.’’. ‘‘(3) The efforts made to identify and collabo- work with these other institutions and States. (c) EFFECTIVE DATE.— rate with other colleges and universities within ‘‘(D) The manner in which research and ex- (1) IN GENERAL.—The amendments made by the State and other States that have unique ca- tension, including research and extension ac- this section shall take effect on October 1, 1998. pacity to address the identified agricultural tivities funded other than through formula (2) DELAYED APPLICABILITY.—With respect to issues in the State and current and emerging ef- funds, will cooperate to address the critical a particular eligible institution (as described in forts (including regional efforts) to work with issues in the State, including the activities to be sections 1444(a) and 1445(a) of the National Ag- these other institutions and States. carried out separately, the activities to be car- ricultural Research, Extension, and Teaching ‘‘(4) The manner in which research and exten- ried out sequentially, and the activities to be Policy Act of 1977 (7 U.S.C. 3221(a), 3222(a))), sion, including research and extension activities carried out jointly. the Secretary of Agriculture may delay the ap- funded other than through formula funds, will ‘‘(E) The education and outreach programs plicability of the requirements imposed by the cooperate to address the critical issues in the already underway to convey currently available amendments made by this section until not later State, including the activities to be carried out research results that are pertinent to a critical than October 1, 1999, if the Secretary finds that separately, the activities to be carried out se- agricultural issue, including efforts to encour- the eligible institution will be unable to meet quentially, and the activities to be carried out age multi-county cooperation in the dissemina- such requirements by October 1, 1998, despite the jointly. tion of research results. good faith efforts of the eligible institution. ‘‘(f) RESEARCH PROTOCOLS.—The Secretary of ‘‘(4) EXTENSION PROTOCOLS.—The Secretary of Agriculture shall develop protocols to be used to SEC. 212. MATCHING FUNDS REQUIREMENT FOR Agriculture shall develop protocols to be used to RESEARCH AND EXTENSION ACTIVI- evaluate the success of multi-State, multi-insti- evaluate the success of multi-State, multi-insti- TIES AT 1890 LAND-GRANT COL- tutional, and multidisciplinary research activi- tutional, and multidisciplinary extension activi- LEGES, INCLUDING TUSKEGEE UNI- ties and joint research and extension activities ties and joint research and extension activities VERSITY. in addressing critical agricultural issues identi- in addressing critical agricultural issues identi- (a) IMPOSITION OF REQUIREMENT.—Subtitle G fied in the plans of work submitted under sub- fied in the plans of work submitted under this of the National Agricultural Research, Exten- section (d). The Secretary shall develop the pro- section. The Secretary shall develop the proto- sion, and Teaching Policy Act of 1977 is amend- tocols in consultation with the National Agri- cols in consultation with the Advisory Board ed by inserting after section 1448 (7 U.S.C. 3222c) cultural Research, Extension, Education, and and land-grant colleges and universities. the following new section: Economics Advisory Board and land-grant col- ‘‘(5) TREATMENT OF PLANS OF WORK FOR ‘‘SEC. 1449. MATCHING FUNDS REQUIREMENT leges and universities. OTHER PURPOSES.—To the extent practicable, the FOR RESEARCH AND EXTENSION AC- ‘‘(g) TREATMENT OF PLANS OF WORK FOR Secretary shall consider plans of work submitted TIVITIES AT ELIGIBLE INSTITU- OTHER PURPOSES.—To the extent practicable, under this section to satisfy other appropriate TIONS. the Secretary shall consider plans of work sub- Federal reporting requirements.’’. ‘‘(a) DEFINITIONS.—In this section: mitted under subsection (d) to satisfy other ap- (b) AGRICULTURAL RESEARCH AT 1890 INSTITU- ‘‘(1) ELIGIBLE INSTITUTION.—The term ‘eligible propriate Federal reporting requirements.’’. TIONS.—Section 1445(c) of such Act (7 U.S.C. institution’ means a college eligible to receive (c) EFFECTIVE DATE.— 3222(c)) is amended— funds under the Act of August 30, 1890 (7 U.S.C. (1) IN GENERAL.—The amendments made by (1) by striking ‘‘(c)’’ and inserting the follow- 321 et seq.) (commonly known as the Second this section shall take effect on October 1, 1998. ing: Morrill Act), including Tuskegee University. (2) DELAYED APPLICABILITY.—With respect to ‘‘(c) PROGRAM AND PLANS FOR WORK.— ‘‘(2) FORMULA FUNDS.—The term ‘formula a particular State, the Secretary of Agriculture ‘‘(1) INITIAL COMPREHENSIVE PROGRAM OF AG- funds’ means the formula allocation funds dis- may delay the applicability of the requirements RICULTURAL RESEARCH.—’’; and tributed to eligible institutions under sections imposed by the amendments made by this sec- (2) by adding at the end the following new 1444 and 1445. tion until not later than October 1, 1999, if the paragraphs: ‘‘(b) DETERMINATION OF NON-FEDERAL Secretary finds that the State will be unable to ‘‘(2) PLAN OF WORK REQUIRED.—Before funds SOURCES OF FUNDS.—Not later than September meet such requirements by October 1, 1998, de- may be provided to an eligible institution under 30, 1999, each eligible institution shall submit to spite the good faith efforts of the State. this section for any fiscal year, plans for the the Secretary a report describing for fiscal year Subtitle B—National Agricultural Research, work to be carried on under this section shall be 1999 the sources of non-Federal funds available Extension, and Teaching Policy Act of 1977 submitted by the research director specified in to the eligible institution and the amount of funds generally available from each such SEC. 211. PLANS OF WORK FOR 1890 LAND-GRANT subsection (d) and approved by the Secretary of COLLEGES TO ADDRESS CRITICAL Agriculture. source. RESEARCH AND EXTENSION ISSUES ‘‘(3) REQUIREMENTS RELATED TO PLAN OF ‘‘(c) MATCHING FORMULA.—Notwithstanding AND USE OF PROTOCOLS TO MEAS- WORK.—Each research plan of work required any other provision of this subtitle, the distribu- URE SUCCESS OF PLANS. under paragraph (2) shall contain descriptions tion of formula funds to an eligible institution (a) EXTENSION AT 1890 INSTITUTIONS.—Section of the following: shall be subject to the following matching re- 1444(d) of the National Agricultural Research, ‘‘(A) The critical short-term, intermediate, quirements: Extension, and Teaching Policy Act of 1977 (7 and long-term agricultural issues in the State in ‘‘(1) In fiscal year 2000, the institution shall U.S.C. 3221(d)) is amended— which the eligible institution is located and the provide matching funds from non-Federal February 27, 1998 CONGRESSIONAL RECORD — SENATE S1139 sources in an amount equal to not less than 30 (C) in paragraph (4), by striking ‘‘scientists ‘‘(6) supporting the preservation of diverse percent of the formula funds to be distributed to and experts’’ and inserting ‘‘science and edu- germplasm; and the eligible institution. cation experts’’; ‘‘(7) ensuring the preservation of biodiversity ‘‘(2) In fiscal year 2001, the institution shall (D) in paragraph (5), by inserting ‘‘teaching,’’ to maintain access to genes that may be of im- provide matching funds from non-Federal after ‘‘development,’’; portance in the future.’’. sources in an amount equal to not less than 45 (E) in paragraph (7), by striking ‘‘research (b) COMPETITIVE GRANTS.—Subsection (b) of percent of the formula funds to be distributed to and extension that is’’ and inserting ‘‘research, such section is amended by striking ‘‘subsection the eligible institution. extension, and teaching programs’’; and (c)’’ and inserting ‘‘subsection (a)’’. ‘‘(3) In fiscal year 2002, and each fiscal year (F) in paragraph (8), by striking ‘‘research ca- (c) GRANT TYPES AND PROCESS; PROHIBITION thereafter, the institution shall provide match- pabilities’’ and inserting ‘‘research, extension, ON CONSTRUCTION.—Subsection (c) of such sec- ing funds from non-Federal sources in an and teaching capabilities’’; and tion is amended to read as follows: amount equal to not less than 50 percent of the (3) in subsection (b), by striking ‘‘counterpart ‘‘(c) GRANT TYPES AND PROCESS; PROHIBITION formula funds to be distributed to the eligible in- agencies’’ and inserting ‘‘counterpart research, ON CONSTRUCTION.—Paragraphs (6), (7), and stitution. extension, and teaching agencies’’. (11) of subsection (b) of the Competitive, Special, ‘‘(d) LIMITED WAIVER AUTHORITY.—Notwith- (b) FULL PAYMENT OF FUNDS MADE AVAIL- and Facilities Research Grant Act (7 U.S.C. standing subsection (f), the Secretary may waive ABLE FOR CERTAIN BINATIONAL PROJECT.—Such 450i) shall apply with respect to the making of the matching funds requirement under sub- section is further amended by adding at the end grants under this section.’’. section (c)(1) for fiscal year 2000 if the Secretary the following new subsection: (d) MATCHING FUNDS.—Subsection (d) of such determines with regard to a particular eligible ‘‘(d) FULL PAYMENT OF FUNDS MADE AVAIL- section is amended to read as follows: institution, based on the report received under ABLE FOR CERTAIN BINATIONAL PROJECTS.—Not- ‘‘(d) MATCHING OF FUNDS.— subsection (b), that the eligible institution will withstanding any other provision of law, the ‘‘(1) GENERAL REQUIREMENT.—If a grant be unlikely to satisfy the matching requirement. full amount of any funds appropriated or other- under this section is to the particular benefit of The waiver of the matching requirements for wise made available to carry out cooperative a specific agricultural commodity, the Secretary subsequent fiscal years is not permitted. projects under the arrangement entered into be- shall require the recipient of the grant to pro- ‘‘(e) USE OF MATCHING FUNDS.—Under terms tween the Secretary and the Government of vide funds or in-kind support to match the and conditions established by the Secretary, Israel to support the Israel-United States Bina- amount of funds provided by the Secretary in matching funds provided as required by sub- tional Agricultural Research and Development the grant. section (c) may be used by an eligible institution Fund shall be paid directly to the Fund.’’. ‘‘(2) WAIVER.—The Secretary may waive the for research, education, and extension activities. (c) CONFORMING AMENDMENT.—The subtitle matching funds requirement specified in para- ‘‘(f) REDISTRIBUTION OF FUNDS.—Federal heading of subtitle I of title XIV of the National graph (1) with respect to a research project if funds that are not matched by an eligible insti- Agricultural Research, Extension, and Teaching the Secretary determines that— tution in accordance with subsection (c) for a Policy Act of 1977 (7 U.S.C. 3291 et seq.) is ‘‘(A) the results of the project, while of par- fiscal year shall be redistributed by the Sec- amended to read as follows: ticular benefit to a specific agricultural com- retary to eligible institutions satisfying the modity, are likely to be applicable to agricul- ‘‘Subtitle I—International Research, matching funds requirement for that fiscal year. tural commodities generally; or Extension, and Teaching’’. Any redistribution of funds under this sub- ‘‘(B) the project involves a minor commodity, section shall be subject to the applicable match- SEC. 214. TASK FORCE ON 10-YEAR STRATEGIC deals with scientifically important research, and ing requirement specified in subsection (c) and PLAN FOR AGRICULTURAL RE- the grant recipient would be unable to satisfy shall be made in a manner consistent with sec- SEARCH FACILITIES. the matching funds requirement.’’. tions 1444 and 1445, as determined by the Sec- (a) TRANSFER OF EXISTING PROVISION.—Sec- (e) AUTHORIZATION OF APPROPRIATIONS.— retary.’’. tion 4 of the Research Facilities Act (7 U.S.C. Subsection (g) of such section is amended by (b) CONFORMING AMENDMENT.—Section 1445(g) 390b)— striking ‘‘fiscal years 1996 and 1997’’ and insert- of such Act (7 U.S.C. 3222(g)) is amended— (1) is transferred to the National Agricultural ing ‘‘fiscal years 1998 through 2002’’. (1) by striking paragraph (2); and Research, Extension, and Teaching Policy Act (2) by redesignating paragraph (4) as para- of 1977 (7 U.S.C. 3101 et seq.); Subtitle D—National Research Initiative graph (2). (2) is redesignated as section 1473B; SEC. 241. WAIVER OF MATCHING REQUIREMENT (c) REFERENCES TO TUSKEGEE UNIVERSITY.— (3) is inserted after section 1473A of the Na- FOR CERTAIN SMALL COLLEGES AND Such Act is further amended— tional Agricultural Research, Extension, and UNIVERSITIES. (1) in section 1404 (7 U.S.C. 3103), by striking Teaching Policy Act of 1977 (7 U.S.C. 3319a); Subsection (b)(8)(B) of the Competitive, Spe- ‘‘Tuskegee Institute’’ in paragraphs (10) and and cial, and Facilities Research Grant Act (7 U.S.C. (16)(B) and inserting ‘‘Tuskegee University’’; (4) is amended in subsection (f), by striking 450i) is amended— (2) in section 1444 (7 U.S.C. 3221)— ‘‘Notwithstanding section 2(1), in’’ and insert- (1) by striking ‘‘the cost’’ and inserting ‘‘the (A) by striking the section heading and ‘‘SEC. ing ‘‘In’’. cost of’’; and (2) by adding at the end the following new 1444.’’ and inserting the following: (b) CONFORMING REPEAL.—The Research Fa- ‘‘SEC. 1444. EXTENSION AT 1890 LAND-GRANT COL- cilities Act (7 U.S.C. 390 et seq.) is repealed. sentence: ‘‘The Secretary may waive all or a LEGES, INCLUDING TUSKEGEE UNI- portion of the matching requirement under this VERSITY.’’; and Subtitle C—Food, Agriculture, Conservation, subparagraph in the case of a smaller college or (B) in subsections (a) and (b), by striking and Trade Act of 1990 university (as described in subsection ‘‘Tuskegee Institute’’ both places it appears and SEC. 231. AGRICULTURAL GENOME INITIATIVE. (c)(2)(C)(ii) of section 793 of the Federal Agri- inserting ‘‘Tuskegee University’’; and (a) ESTABLISHMENT AND PURPOSE OF INITIA- culture Improvement and Reform Act of 1996 (7 (3) in section 1445 (7 U.S.C. 3222)— TIVE.—Section 1671 of the Food, Agriculture, U.S.C. 2204f)) if the equipment to be acquired (A) by striking the section heading and ‘‘SEC. Conservation, and Trade Act of 1990 (7 U.S.C. costs not more than $25,000 and has multiple 1445.’’ and inserting the following: 5924) is amended by striking the section heading uses within a single research project or is usable ‘‘SEC. 1445. AGRICULTURAL RESEARCH AT 1890 and subsection (a) and inserting the following: in more than one research project.’’. LAND-GRANT COLLEGES, INCLUDING ‘‘SEC. 1671. AGRICULTURAL GENOME INITIATIVE. TUSKEGEE UNIVERSITY.’’; and Subtitle E—Other Existing Laws (B) in subsections (a) and (b)(2)(B), by strik- ‘‘(a) PROGRAM REQUIRED.—The Secretary of SEC. 251. FINDINGS, AUTHORITIES, AND COM- ing ‘‘Tuskegee Institute’’ both places it appears Agriculture shall conduct a research initiative PETITIVE RESEARCH GRANTS and inserting ‘‘Tuskegee University’’. for the purpose of— UNDER FOREST AND RANGELAND ‘‘(1) supporting basic and applied research RENEWABLE RESOURCES RESEARCH SEC. 213. INTERNATIONAL RESEARCH, EXTEN- ACT OF 1978. SION, AND TEACHING. and technology development in the area of ge- nome structure and function in support of agri- (a) FINDINGS.—Section 2 of the Forest and (a) INCLUSION OF TEACHING.—Section 1458 of culturally important species, with a particular Rangeland Renewable Resources Research Act the National Agricultural Research, Extension, of 1978 (16 U.S.C. 1641) is amended by striking and Teaching Policy Act of 1977 (7 U.S.C. 3291) focus on research projects that will yield sci- entifically important results that will enhance ‘‘SEC. 2.’’ and subsection (a) and inserting the is amended— following: (1) in the section heading, by striking ‘‘RE- the usefulness of many agriculturally important SEARCH AND EXTENSION’’ and inserting species; ‘‘SEC. 2. FINDINGS AND PURPOSE. ‘‘RESEARCH, EXTENSION, AND TEACH- ‘‘(2) studying and mapping agriculturally sig- ‘‘(a) FINDINGS.—Congress finds the following: ING’’; nificant genes to achieve sustainable and secure ‘‘(1) Forests and rangelands, and the re- (2) in subsection (a)— agricultural production; sources of forests and rangelands, are of strate- (A) in paragraph (1)— ‘‘(3) ensuring that current gaps in existing ag- gic economic and ecological importance to the (i) by striking ‘‘related research and exten- ricultural genetics knowledge are filled; United States, and the Federal Government has sion’’ and inserting ‘‘related research, exten- ‘‘(4) identifying and developing a functional an important and substantial role in ensuring sion, and teaching’’; and understanding of genes responsible for economi- the continued health, productivity, and sustain- (ii) in subparagraph (B), by striking ‘‘research cally important traits in agriculturally impor- ability of the Nation’s forests and rangelands. and extension on’’ and inserting ‘‘research, ex- tant species, including emerging plant and ani- ‘‘(2) Over 75 percent of the productive com- tension, and teaching activities addressing’’; mal diseases causing economic hardship; mercial forest land in the United States is in pri- (B) in paragraphs (2) and (6), by striking ‘‘(5) ensuring the future genetic improvement vate ownership, with some 60 percent owned by ‘‘education’’ and inserting ‘‘teaching’’; of agriculturally important species; small nonindustrial private owners. These S1140 CONGRESSIONAL RECORD — SENATE February 27, 1998

10,000,000 nonindustrial private owners are criti- ‘‘(2) ANNUAL STATE INVENTORY.—Not later tional Aeronautics and Space Administration, cal to providing both commodity and non- than the end of each full fiscal year beginning remote sensing, global positioning systems, and commodity values to the citizens of the United after the date of the enactment of this sub- other advanced technologies to carry out this States. section, the Secretary shall prepare for each subsection, and the subsequent use of such tech- ‘‘(3) The National Forest System manages State, in cooperation with the State forester for nologies.’’. only 17 percent of the Nation’s commercial the State, an inventory of forests and their re- (d) FORESTRY AND RANGELANDS COMPETITIVE timberlands, with over half of the standing sources in the State. For purposes of preparing RESEARCH GRANTS.—Section 5 of the Forest and softwoods inventory located on those lands. the inventory for a State, the Secretary shall Rangeland Renewable Resources Research Act Dramatic changes in Federal agency policy dur- measure annually 20 percent of all sample plots of 1978 (16 U.S.C. 16442) is amended— ing the early 1990’s have significantly curtailed that are included in the inventory program for (1) by striking the section heading and ‘‘SEC. the management of this vast timber resource, that State. Upon completion of the inventory for 5.’’ and inserting the following: causing abrupt shifts in the supply of timber a year, the Secretary shall make available to the ‘‘SEC. 5. FORESTRY AND RANGELANDS COMPETI- from public to private ownership. As a result of public a compilation of all data collected for TIVE RESEARCH GRANTS. these shifts in supply, some 60 percent of total that year from measurements of sample plots as ‘‘(a) COMPETITIVE GRANT AUTHORITY.—’’; and wood production in the United States is now well as any analysis made of such samples. (2) by adding at the end the following new coming from private forest lands in the southern ‘‘(3) FIVE-YEAR REPORTS.—At intervals not subsections: United States. greater than every five full fiscal years after the ‘‘(b) EMPHASIS ON CERTAIN HIGH PRIORITY ‘‘(4) At the same time that pressures are build- date of the enactment of this subsection, the FORESTRY RESEARCH.—The Secretary may use ing for the removal of even more land from com- Secretary shall prepare, publish, and make up to five percent of the amounts made avail- mercial production, the Federal Government is available to the public a report, prepared in co- able for research under section 3 to make com- significantly reducing its commitment to produc- operation with State foresters, that— petitive grants regarding forestry research in the tivity-related research regarding forests and ‘‘(A) contains a description of each State in- high priority research areas identified in section rangelands, which is critically needed by the ventory of forests and their resources, incor- 3(d). private sector for the sustained management of porating all sample plot measurements con- ‘‘(c) EMPHASIS ON CERTAIN HIGH PRIORITY remaining available timber and forage resources ducted during the five years covered by the re- RANGELANDS RESEARCH.—The Secretary may for the benefit of all species. port; use up to five percent of the amounts made ‘‘(5) Uncertainty over the availability of the ‘‘(B) displays and analyzes on a nationwide available for research under section 3 to make United States timber supply, increasing regu- basis the results of the annual reports required competitive grants regarding rangelands re- latory burdens, and the lack of Federal Govern- by paragraph (2); and search in the high priority research areas iden- ment support for research is causing domestic ‘‘(C) contains an analysis of forest health tified in section 3(d). wood and paper producers to move outside the conditions and trends over the previous two dec- ‘‘(d) PRIORITIES.—In making grants under United States to find reliable sources of wood ades, with an emphasis on such conditions and subsections (b) and (c), the Secretary shall give supplies, which in turns results in a worsening trends during the period subsequent to the im- priority to research proposals in which— of the United States trade balance, the loss of mediately preceding report under this para- ‘‘(1) the proposed research will be collabo- employment and infrastructure investments, and graph. rative research organized through a center of an increased risk of infestations of exotic pests ‘‘(4) NATIONAL STANDARDS AND DEFINITIONS.— scientific excellence; and diseases from imported wood products. To ensure uniform and consistent data collec- ‘‘(2) the applicant agrees to provide matching ‘‘(6) Wood and paper producers in the United tion for all public and private forest ownerships funds (in the form of direct funding or in-kind States are being challenged not only by shifts in and each State, the Secretary shall develop, in support) in an amount equal to not less than 50 Government policy, but also by international consultation with State foresters and Federal percent of the grant amount; and competition from tropical countries where land management agencies not under the juris- ‘‘(3) the proposed research will be conducted growth rates of trees far exceed those in the diction of the Secretary, and publish national as part of an existing private and public part- United States. Wood production per acre will standards and definitions to be applied in nership or cooperative research effort and in- need to quadruple from 1996 levels for the inventorying and analyzing forests and their re- volves several interested research partners.’’. United States forestry sector to remain inter- sources under this subsection. The standards TITLE III—EXTENSION OR REPEAL OF RE- nationally competitive on an ever decreasing shall include a core set of variables to be meas- SEARCH, EXTENSION, AND EDUCATION forest land base. ured on all sample plots under paragraph (2) INITIATIVES ‘‘(7) Better and more frequent forest and a standard set of tables to be included in Subtitle A—Extensions inventorying and analysis is necessary to iden- the reports under paragraph (3). tify productivity-related forestry research needs ‘‘(5) PROTECTION FOR PRIVATE PROPERTY SEC. 301. NATIONAL RESEARCH INITIATIVE UNDER COMPETITIVE, SPECIAL, AND RIGHTS.—The Secretary shall obtain written au- and to provide forest managers with the current FACILITIES RESEARCH GRANT ACT. thorization from property owners prior to col- data necessary to make timely and effective Subsection (b)(10) of the Competitive, Special, lecting data from sample plots located on private management decisions.’’. and Facilities Research Grant Act (7 U.S.C. property pursuant to paragraphs (2) and (3). (b) HIGH PRIORITY FORESTRY RESEARCH AND 450i(b)(10)) is amended by striking ‘‘1997’’ and ‘‘(6) STRATEGIC PLAN.—Not later than 180 EDUCATION.—Subsection (d) of section 3 of the inserting ‘‘2002’’. Forest and Rangeland Renewable Resources Re- days after the date of the enactment of this sub- search Act of 1978 (16 U.S.C. 1642) is amended to section, the Secretary shall prepare and submit SEC. 302. EQUITY IN EDUCATIONAL LAND-GRANT STATUS ACT OF 1994. read as follows: to Congress a strategic plan to implement and Sections 533(b) and 535 of the Equity in Edu- ‘‘(d) HIGH PRIORITY FORESTRY AND RANGE- carry out this subsection, including the annual cational Land-Grant Status Act of 1994 (Public LANDS RESEARCH AND EDUCATION.—The Sec- updates required by paragraph (2) and the re- Law 103–382; 7 U.S.C. 301 note) are amended by retary may conduct, support, and cooperate in ports require by paragraph (3), that shall de- striking ‘‘2000’’ each place it appears and insert- forestry and rangelands research and education scribe in detail— ing ‘‘2002’’. that is of the highest priority to the United ‘‘(A) the financial resources required to imple- States and to users of public and private forest ment and carry out this subsection, including SEC. 303. EDUCATION GRANTS PROGRAMS FOR lands and rangelands in the United States. Such the identification of any resources required in HISPANIC-SERVING INSTITUTIONS. research and education priorities include the excess of the amounts provided for forest Section 1455(c) of the National Agricultural following: inventorying and analysis in recent appropria- Research, Extension, and Teaching Policy Act ‘‘(1) The biology of forest organisms and tions Acts; of 1977 (7 U.S.C. 3241(c)) is amended by striking rangeland organisms. ‘‘(B) the personnel necessary to implement ‘‘fiscal year 1997’’ and inserting ‘‘each of the ‘‘(2) Functional characteristics and cost-effec- and carry out this subsection, including any fiscal years 1997 through 2002’’. tive management of forest and rangeland eco- personnel in addition to personnel currently SEC. 304. GENERAL AUTHORIZATION FOR AGRI- systems. performing inventorying and analysis functions; CULTURAL RESEARCH PROGRAMS. ‘‘(3) Interactions between humans and forests ‘‘(C) the organization and procedures nec- Section 1463 of the National Agricultural Re- and rangelands. essary to implement and carry out this sub- search, Extension, and Teaching Policy Act of ‘‘(4) Wood and forage as a raw material. section, including proposed coordination with 1977 (7 U.S.C. 3311) is amended in subsections ‘‘(5) International trade, competition, and co- Federal land management agencies and State (a) and (b) by striking ‘‘1997’’ each place it ap- operation.’’. foresters; pears and inserting ‘‘2002’’. (c) FOREST INVENTORY AND ANALYSIS.—Sec- ‘‘(D) the schedules for annual sample plot SEC. 305. GENERAL AUTHORIZATION FOR EXTEN- tion 3 of the Forest and Rangeland Renewable measurements in each State inventory required SION EDUCATION. Resources Research Act of 1978 (16 U.S.C. 1642) by paragraph (2) within the first five-year inter- Section 1464 of the National Agricultural Re- is amended by adding at the end the following val after the date of the enactment of this sub- search, Extension, and Teaching Policy Act of new subsection: section; 1977 (7 U.S.C. 3312) is amended by striking ‘‘(e) FOREST INVENTORY AND ANALYSIS.— ‘‘(E) the core set of variables to be measured ‘‘1997’’ and inserting ‘‘2002’’. ‘‘(1) PROGRAM REQUIRED.—In compliance with in each sample plot under paragraph (2) and the SEC. 306. GRANTS AND FELLOWSHIPS FOR FOOD existing statutory authority, the Secretary shall standard set of tables to be used in each State AND AGRICULTURAL SCIENCES EDU- establish a program to inventory and analyze, and national report under paragraph (3); and CATION. in a timely manner, public and private forests ‘‘(F) the process for employing, in coordina- Section 1417(j) of the National Agricultural and their resources in the United States. tion with the Department of Energy and the Na- Research, Extension, and Teaching Policy Act February 27, 1998 CONGRESSIONAL RECORD — SENATE S1141 of 1977 (7 U.S.C. 3152(j)) is amended by striking SEC. 319. FEDERAL AGRICULTURAL RESEARCH (1) IN GENERAL.—The Secretary may make ‘‘1997’’ and inserting ‘‘2002’’. FACILITIES. grants to an eligible partnership to coordinate SEC. 307. GRANTS FOR RESEARCH ON THE PRO- Section 1431 of the National Agricultural Re- and manage research and extension activities to DUCTION AND MARKETING OF ALCO- search, Extension, and Teaching Policy Act enhance the quality of high-value agricultural HOLS AND INDUSTRIAL HYDRO- Amendments of 1985 (Public Law 99–198; 99 Stat. products. CARBONS FROM AGRICULTURAL 1566) is amended by striking ‘‘1997’’ and insert- (2) AWARDING OF GRANTS.—Grants under COMMODITIES AND FOREST PROD- ing ‘‘2002’’. paragraph (1) shall be awarded on a competitive UCTS. SEC. 320. WATER QUALITY RESEARCH, EDU- basis. Section 1419(d) of the National Agricultural CATION, AND COORDINATION. (b) CRITERIA FOR AN ELIGIBLE PARTNERSHIP.— Research, Extension, and Teaching Policy Act Section 1481(d) of the Food, Agriculture, Con- (1) PRIMARY INSTITUTIONS IN PARTNERSHIP.— of 1977 (7 U.S.C. 3154(d)) is amended by striking servation, and Trade Act of 1990 (7 U.S.C. The primary institution involved in an eligible ‘‘1997’’ and inserting ‘‘2002’’. 5501(d)) is amended by striking ‘‘1997’’ and in- partnership shall be a land-grant college or uni- SEC. 308. POLICY RESEARCH CENTERS. serting ‘‘2002’’. versity, acting in partnership with other colleges Section 1419A(d) of the National Agricultural SEC. 321. NATIONAL GENETICS RESOURCES PRO- or universities, nonprofit research and develop- Research, Extension, and Teaching Policy Act GRAM. ment entities, and Federal laboratories. of 1977 (7 U.S.C. 3155(d)) is amended by striking Section 1635(b) of the Food, Agriculture, Con- (2) PRIORITIZATION OF RESEARCH ACTIVITIES.— ‘‘fiscal years 1996 and 1997’’ and inserting ‘‘each servation, and Trade Act of 1990 (7 U.S.C. An eligible partnership shall prioritize research of fiscal years 1996 through 2002’’. 5844(b)) is amended by striking ‘‘1997’’ and in- and extension activities in order to— SEC. 309. HUMAN NUTRITION INTERVENTION serting ‘‘2002’’. (A) enhance the competitiveness of United AND HEALTH PROMOTION RE- SEC. 322. AGRICULTURAL TELECOMMUNICATIONS States agricultural products; SEARCH PROGRAM. PROGRAM. (B) increase exports of such products; and Section 1424(d) of the National Agricultural Section 1673(h) of the Food, Agriculture, Con- (C) substitute such products for imported Research, Extension, and Teaching Policy Act servation, and Trade Act of 1990 (7 U.S.C. products. of 1977 (7 U.S.C. 3174(d)) is amended by striking 5926(h)) is amended by striking ‘‘1997’’ and in- (3) COORDINATION.—An eligible partnership ‘‘fiscal years 1996 and 1997’’ and inserting ‘‘each serting ‘‘2002’’. shall coordinate among the entities comprising the partnership the activities supported by the of fiscal years 1996 through 2002’’. SEC. 323. ASSISTIVE TECHNOLOGY PROGRAM FOR SEC. 310. PILOT RESEARCH PROGRAM TO COM- FARMERS WITH DISABILITIES. eligible partnership, including the provision of BINE MEDICAL AND AGRICULTURAL Section 1680 of the Food, Agriculture, Con- mechanisms for sharing resources between insti- RESEARCH. servation, and Trade Act of 1990 (7 U.S.C. 5933) tutions and laboratories and the coordination of Section 1424A(d) of the National Agricultural is amended— public and private sector partners to maximize Research, Extension, and Teaching Policy Act (1) in subsection (a)(6)(B), by striking ‘‘1997’’ cost-effectiveness. of 1977 (7 U.S.C. 3174a(d)) is amended by strik- and inserting ‘‘2002’’; and (c) TYPES OF RESEARCH AND EXTENSION AC- ing ‘‘fiscal year 1997’’ and inserting ‘‘each of (2) in subsection (b)(2), by striking ‘‘1997’’ and TIVITIES.—Research or extension supported by fiscal years 1997 through 2002’’. inserting ‘‘2002’’. an eligible partnership may address the full SEC. 311. FOOD AND NUTRITION EDUCATION SEC. 324. NATIONAL RURAL INFORMATION CEN- spectrum of production, processing, packaging, PROGRAM. TER CLEARINGHOUSE. transportation, and marketing issues related to Section 1425(c)(3) of the National Agricultural Section 2381(e) of the Food, Agriculture, Con- a high-value agricultural product. Such issues Research, Extension, and Teaching Policy Act servation, and Trade Act of 1990 (7 U.S.C. include— of 1977 (7 U.S.C. 3175(c)(3)) is amended by strik- 3125b(e)) is amended by striking ‘‘1997’’ and in- (1) environmentally responsible— ing ‘‘and 1997’’ and inserting ‘‘through 2002’’. serting ‘‘2002’’. (A) pest management alternatives and bio- technology; SEC. 312. ANIMAL HEALTH AND DISEASE CON- SEC. 325. CRITICAL AGRICULTURAL MATERIALS (B) sustainable farming methods; and ACT. TINUING RESEARCH. (C) soil conservation and enhanced resource Section 16(a) of the Critical Agricultural Ma- Section 1433(a) of the National Agricultural management; terials Act (7 U.S.C. 178n(a)) is amended by Research, Extension, and Teaching Policy Act (2) genetic research to develop improved agri- striking ‘‘1997’’ and inserting ‘‘2002’’. of 1977 (7 U.S.C. 3195(a)) is amended in the first cultural-based products; sentence by striking ‘‘1997’’ and inserting Subtitle B—Repeals (3) refinement of field production practices ‘‘2002’’. SEC. 341. AQUACULTURE RESEARCH FACILITIES. and technology to improve quality, yield, and SEC. 313. ANIMAL HEALTH AND DISEASE NA- Section 1476 of the National Agricultural Re- production efficiencies; TIONAL OR REGIONAL RESEARCH. search, Extension, and Teaching Policy Act of (4) processing and package technology to im- Section 1434(a) of the National Agricultural 1977 (7 U.S.C. 3323) is repealed. prove product quality, stability, or flavor inten- Research, Extension, and Teaching Policy Act SEC. 342. AGRICULTURAL RESEARCH PROGRAM sity; of 1977 (7 U.S.C. 3196(a)) is amended by striking UNDER NATIONAL AGRICULTURAL (5) marketing research regarding consumer ‘‘1997’’ and inserting ‘‘2002’’. RESEARCH, EXTENSION, AND TEACH- perceptions and preferences; SEC. 314. GRANT PROGRAM TO UPGRADE AGRI- ING POLICY ACT AMENDMENTS OF (6) economic research, including industry CULTURAL AND FOOD SCIENCES FA- 1981. characteristics, growth, competitive analysis; CILITIES AT 1890 LAND-GRANT COL- Subsection (b) of section 1432 of the National and LEGES. Agricultural Research, Extension, and Teaching (7) research to facilitate diversified, value- Section 1447(b) of the National Agricultural Policy Act Amendments of 1981 (Public Law 97– added enterprises in rural areas. Research, Extension, and Teaching Policy Act 98; 7 U.S.C. 3222 note) is repealed. SEC. 403. ELEMENTS OF GRANT MAKING PROC- of 1977 (7 U.S.C. 3222b(b)) is amended by strik- SEC. 343. LIVESTOCK PRODUCT SAFETY AND IN- ESS. ing ‘‘and 1997’’ and inserting ‘‘through 2002’’. SPECTION PROGRAM. (a) PERIOD OF GRANT.—The Secretary may SEC. 315. NATIONAL RESEARCH AND TRAINING Section 1670 of the Food, Agriculture, Con- award a grant under this subtitle for a period CENTENNIAL CENTERS. servation, and Trade Act of 1990 (7 U.S.C. 5923) not to exceed five years. Section 1448 of the National Agricultural Re- is repealed. (b) PREFERENCES.—In making grants under search, Extension, and Teaching Policy Act of SEC. 344. GENERIC AUTHORIZATION OF APPRO- this subtitle, the Secretary shall give preference 1977 (7 U.S.C. 3222c) is amended— PRIATIONS. to proposals that— (1) in subsection (a)(1), by striking ‘‘and 1997’’ Sections 897 and 898 of the Federal Agri- (1) demonstrate linkages with— and inserting ‘‘through 2002’’; and culture Improvement and Reform Act of 1996 (A) agencies of the Department of Agriculture; (2) in subsection (f), by striking ‘‘1997’’ and (Public Law 104–127; 110 Stat. 1184) are re- (B) other related Federal research laboratories inserting ‘‘2002’’. pealed. and agencies; (C) colleges and universities; and SEC. 316. SUPPLEMENTAL AND ALTERNATIVE TITLE IV—NEW RESEARCH, EXTENSION, (D) private industry; and CROPS RESEARCH. AND EDUCATION INITIATIVES (2) guarantee matching funds in excess of the Section 1473D(a) of the National Agricultural Subtitle A—Partnerships for High-Value amounts required by subsection (c). Research, Extension, and Teaching Policy Act Agricultural Product Quality Research (c) MATCHING FUNDS.—An eligible partnership of 1977 (7 U.S.C. 3319d(a)) is amended by strik- SEC. 401. DEFINITIONS. shall contribute an amount of non-Federal ing ‘‘1997’’ and inserting ‘‘2002’’. For the purposes of this subtitle: funds for the operation of the partnership that SEC. 317. AQUACULTURE RESEARCH AND EXTEN- (1) ELIGIBLE PARTNERSHIP.—The term ‘‘eligible is at least equal to the amount of grant funds SION. partnership’’ means a partnership consisting of received under this subtitle. Section 1477 of the National Agricultural Re- a land-grant college or university and other en- (d) LIMITATION ON USE OF GRANT FUNDS.— search, Extension, and Teaching Policy Act of tities specified in paragraph (1) of subsection (b) Funds provided under this subtitle may not be 1977 (7 U.S.C. 3324) is amended by striking of section 402 that satisfies the eligibility criteria used for the planning, repair, rehabilitation, ac- ‘‘1997’’ and inserting ‘‘2002’’. contained in such subsection. quisition, or construction of a building or facil- SEC. 318. RANGELAND RESEARCH. (2) SECRETARY.—The term ‘‘Secretary’’ means ity. Section 1483(a) of the National Agricultural the Secretary of Agriculture. SEC. 404. AUTHORIZATION OF APPROPRIATIONS Research, Extension, and Teaching Policy Act SEC. 402. ESTABLISHMENT AND CHARACTERIS- AND RELATED PROVISIONS. of 1977 (7 U.S.C. 3336(a)) is amended by striking TICS OF PARTNERSHIPS. (a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘1997’’ and inserting ‘‘2002’’. (a) ESTABLISHMENT BY GRANT.— There are authorized to be appropriated such S1142 CONGRESSIONAL RECORD — SENATE February 27, 1998

funds as may be necessary to carry out this sub- and iterative investigative process, which con- (d) MATCHING FUNDS.—The amount of a grant title for each of the fiscal years 1998 through siders the multiple interacting components and under this section to an eligible entity (other 2002. aspects of precision agriculture systems, includ- than a Federal agency) may not exceed the (b) LIMITATION ON ADMINISTRATIVE COSTS.— ing synthesis of new knowledge regarding the amount which the eligible entity makes avail- Not more than four percent of the funds appro- physical-chemical-biological processes and com- able out of non-Federal funds for precision agri- priated to carry out this subtitle may be re- plex interactions with cropping, livestock pro- culture research and for the establishment and tained by the Secretary to pay administrative duction practices, and natural resource systems, maintenance of facilities necessary for conduct- costs incurred by the Secretary to carry out this precision agriculture technologies development ing precision agriculture research. subtitle. and implementation, data and information col- SEC. 413. RESERVATION OF FUNDS FOR EDU- Subtitle B—Precision Agriculture lection and interpretation, production scale CATION AND INFORMATION DIS- planning, production-scale implementation, and SEMINATION PROJECTS. SEC. 411. DEFINITIONS. farm production efficiencies, productivity, and Of the funds made available for grants under For purposes of this subtitle: profitability. section 412, the Secretary of Agriculture shall (1) PRECISION AGRICULTURE.—The term ‘‘pre- reserve a portion of such funds for grants for cision agriculture’’ means an integrated SEC. 412. COMPETITIVE GRANTS TO PROMOTE PRECISION AGRICULTURE. projects regarding precision agriculture related information- and production-based farming sys- (a) GRANTS AUTHORIZED.—The Secretary of to education or information dissemination. tem that is designed to increase long-term, site Agriculture may make competitive grants, for specific and whole farm production efficiencies, SEC. 414. PRECISION AGRICULTURE PARTNER- periods not to exceed five years, to eligible enti- productivity, and profitability while minimizing SHIPS. ties to conduct research, education, or informa- unintended impacts on wildlife and the environ- In carrying out this subtitle, the Secretary of tion dissemination projects for the development ment by— Agriculture, in consultation with the Advisory and advancement of precision agriculture. Such (A) combining agricultural sciences, agricul- Board, shall encourage the establishment of ap- grants shall be limited to those projects that the tural inputs and practices, agronomic produc- propriate multi-state and national partnerships Secretary determines are unlikely to be financed tion databases, and precision agriculture tech- or consortia between— by the private sector in the absence of a grant nologies to efficiently manage agronomic and (1) land-grant colleges and universities, State under this section. The Secretary shall make livestock production systems; agricultural experiment stations, State coopera- such grants in consultation with the Advisory (B) gathering on-farm information pertaining tive extension services, other colleges and uni- Board. to the variation and interaction of site-specific versities with demonstrable expertise regarding (b) PURPOSE OF PROJECTS.—Research, edu- precision agriculture, agencies of the Depart- spatial and temporal factors affecting crop and cation, or information dissemination projects livestock production; ment of Agriculture, national laboratories, agri- supported by a grant under subsection (a) shall businesses, agricultural equipment and input (C) integrating such information with appro- address one or more of the following: priate data derived from field scouting, remote manufacturers and retailers, certified crop ad- (1) The study and promotion of components of visers, commodity organizations, veterinaries, sensing, and other precision agriculture tech- precision agriculture technologies using a sys- nologies in a timely manner in order to facilitate other Federal or State government entities and tems research approach that would increase agencies, or nonagricultural industries and non- on-farm decisionmaking; or long-term, site-specified and whole farm produc- (D) using such information to prescribe and profit organizations with demonstrable expertise tion efficiencies, productivity, profitability. regarding precision agriculture; and deliver site-specific application of agricultural (2) The improvement in the understanding of inputs and management practices in agricul- (2) agricultural producers or other land man- agronomic systems, including, soil, water, land agers. tural production systems. cover (including grazing lands), pest manage- (2) PRECISION AGRICULTURE TECHNOLOGIES.— ment systems, and meteorological variability. SEC. 415. MISCELLANEOUS PROVISIONS. The term ‘‘precision agriculture technologies’’ (3) The provision of training and educational (a) PROHIBITION ON USE OF FUNDS FOR CER- includes— programs for State cooperative extension serv- TAIN PURPOSES.—The Secretary of Agriculture (A) instrumentation and techniques ranging ices agents, and other professionals involved in may not make a grant under section 412 for the from sophisticated sensors and software systems the agricultural production and transfer of inte- planning, repair, rehabilitation, acquisition, or to manual sampling and data collection tools grated precision agriculture technology. construction of a building or facility. that measure, record, and manage spatial and (4) The development, demonstration, and dis- (b) APPLICATION OF OTHER LAWS.—The Fed- temporal data; semination of information regarding precision eral Advisory Committee Act (5 U.S.C. App.) (B) technologies for searching out and assem- agriculture technologies and systems and the and title XVIII of the Food and Agriculture Act bling information necessary for sound agricul- potential benefits of precision agriculture as it of 1977 (7 U.S.C. 2281 et seq.) shall not apply to tural production decision making; relates to increased long-term farm production a panel or board created for the purpose of re- (C) open systems technologies for data net- efficiencies, productivity, profitability, and the viewing applications or proposals submitted working and processing that produce valued maintenance of the environment, and improve- under this subtitle. systems for farm management decisionmaking; ments in international trade into an integrated SEC. 416. AUTHORIZATION OF APPROPRIATIONS. or program to educate agricultural producers and (a) AUTHORIZATION OF APPROPRIATIONS.— (D) machines that deliver information based consumers, including family owned and oper- There are hereby authorized to be appropriated management practices. ated farms. to carry out this subtitle $40,000,000 for each of (3) ADVISORY BOARD.—The term ‘‘Advisory (c) GRANT PRIORITIES.—In making grants to the fiscal years 1998 through 2002. Board’’ means the National Agricultural Re- eligible entities under subsection (a), the Sec- (b) ADMINISTRATIVE COSTS.—Not more than 3 search, Extension, Education, and Economics retary, in consultation with the Advisory Board, percent of the amount appropriated under this Advisory Board established under section 1408 shall give priority to research, education, or in- subtitle may be retained by the Secretary to pay of the National Agricultural Research, Exten- formation dissemination projects designed to ac- the administrative costs incurred by the Sec- sion, and Teaching Policy Act of 1977 (7 U.S.C. complish the following: retary in carrying out this subtitle. 3123). (1) Evaluate the use of precision agriculture (c) AVAILABILITY OF FUNDS.—Funds made (4) AGRICULTURAL INPUTS.—The term ‘‘agri- technologies using a systems research approach available under paragraph (a) shall be available cultural inputs’’ includes all farm management, to increase long-term site-specific and whole for obligation for a two-year period beginning agronomic, and field applied agricultural pro- farm production efficiencies, productivity, prof- on October 1 of the fiscal year for which the duction inputs, such as machinery, labor, time, itability. funds are made available. fuel, irrigation water, commercial nutrients, (2) Integrate research, education, and infor- Subtitle C—Other Initiatives feed stuffs, veterinary drugs and vaccines, live- mation dissemination components in a practical stock waste, crop protection chemicals, agro- and readily available manner so that the find- SEC. 421. HIGH-PRIORITY RESEARCH AND EXTEN- nomic data and information, application and ings of the project will be made readily usable SION INITIATIVES. management services, seed, and other inputs by farmers. Section 1672 of the Food, Agriculture, Con- used in agriculture production. (3) Demonstrate the efficient use of agricul- servation, and Trade Act of 1990 (7 U.S.C. 5925) (5) ELIGIBLE ENTITY.—The term ‘‘eligible en- tural inputs, rather than the uniform reduction is amended to read as follows: tity’’ means— in the use of agricultural inputs. ‘‘SEC. 1672. HIGH-PRIORITY RESEARCH AND EX- (A) a State agricultural experiment station; (4) Maximize the involvement and cooperation TENSION INITIATIVES. (B) a college or university; of precision agriculture producers, certified crop ‘‘(a) COMPETITIVE SPECIALIZED RESEARCH AND (C) a research institution or organization; advisers, State cooperative extension services EXTENSION GRANTS AUTHORIZED.—The Sec- (D) a Federal or State government entity or agents, agricultural input machinery, product retary of Agriculture, in consultation with the agency; and service providers, nonprofit organizations, National Agricultural Research, Education, Ex- (E) a national laboratory; agribusiness, veterinarians, land-grant colleges tension, and Economics Advisory Board, may (F) a private organization or corporation; and universities, and Federal agencies in preci- make competitive grants to support research and (G) an agricultural producer or other land sion agriculture systems research projects in- extension activities in the high-priority research manager; or volving on-farm research, education, and infor- and extension areas specified in subsection (e). (H) a precision agriculture partnership re- mation dissemination of precision agriculture. ‘‘(b) GRANT TYPES AND PROCESS; PROHIBITION ferred to in section 414. (5) Maximize collaboration with multiple ON CONSTRUCTION.—Paragraphs (6), (7), and (6) SYSTEMS RESEARCH.—The term ‘‘systems agencies and other partners that include (11) of subsection (b) of the Competitive, Special, research’’ means an integrated, coordinated, leveraging of funds and resources. and Facilities Research Grant Act (7 U.S.C. February 27, 1998 CONGRESSIONAL RECORD — SENATE S1143

450i) shall apply with respect to the making of ‘‘(10) FIRE ANT RESEARCH AND EXTENSION.— ‘‘(22) WETLANDS UTILIZATION RESEARCH AND grants under this section. Research and extension grants may be made EXTENSION.—Research and extension grants ‘‘(c) MATCHING FUNDS REQUIRED.— under this section for the purpose of control, may be made under this section for the purpose ‘‘(1) IN GENERAL.—The Secretary shall require management, and eradication of fire ants. of better utilizing wetlands in diverse ways to the recipient of a grant under this section to ‘‘(11) WHEAT SCAB RESEARCH AND EXTEN- provide various economic, agricultural, and en- provide funds or in-kind support from non-Fed- SION.—Research and extension grants may be vironmental benefits. eral sources in an amount at least equal to the made under this section to a consortium of land- ‘‘(23) WILD PAMPAS GRASS CONTROL AND amount provided by the Federal Government. grant colleges and universities for the purpose ERADICATION RESEARCH AND EXTENSION.—Re- ‘‘(2) WAIVER AUTHORITY.—The Secretary may of understanding and combating diseases of search and extension grants may be made under waive the matching funds requirement specified wheat and barley caused by Fusarium this section for the purpose of control, manage- in paragraph (1) with respect to a research graminearum and related fungi (commonly ment, and eradication of wild pampas grass. project if the Secretary determines that— known as wheat scab). ‘‘(24) PATHOGEN DETECTION AND LIMITATION ‘‘(A) the results of the project, while of par- ‘‘(12) PEANUT MARKET ENHANCEMENT RE- RESEARCH AND EXTENSION.—Research and exten- ticular benefit to a specific agricultural com- SEARCH AND EXTENSION.—Research and exten- sion grants may be made under this section for modity, are likely to be applicable to agricul- sion grants may be made under this section for the purpose of identifying advanced detection tural commodities generally; or the purpose of evaluating the economics of ap- and processing methods to limit the presence of ‘‘(B) the project involves a minor commodity, plying innovative technologies for peanut proc- pathogens, including hepatitis A and E. coli deals with scientifically important research, and essing in a commercial environment. 0157:H7, in domestic and imported foods. the grant recipient would be unable to satisfy ‘‘(13) DAIRY FINANCIAL RISK MANAGEMENT RE- ‘‘(25) FINANCIAL RISK MANAGEMENT RESEARCH the matching funds requirement. SEARCH AND EXTENSION.—Research and exten- AND EXTENSION.—Research and extension grants ‘‘(d) PARTNERSHIPS ENCOURAGED.—Following sion grants may be made under this section for may be made under this section for the purpose the completion of a peer review process for grant the purpose of providing research, development, of providing research, development, or edu- proposals received under this section, the Sec- or education materials, information, and out- cation materials, information, and outreach pro- retary may give priority to those grant proposals reach programs regarding risk management grams regarding financial risk management found to be scientifically meritorious that in- strategies for dairy producers and for dairy co- strategies for agricultural producers and for co- volve the cooperation of multiple institutions. operatives and other processors and marketers operatives and other processors and marketers ‘‘(e) HIGH-PRIORITY RESEARCH AND EXTENSION of milk. of any agricultural commodity. AREAS.— ‘‘(14) COTTON RESEARCH AND EXTENSION.—Re- ‘‘(26) ORNAMENTAL TROPICAL FISH RESEARCH ‘‘(1) BROWN CITRUS APHID AND CITRUS search and extension grants may be made under AND EXTENSION.—Research and extension grants TRISTEZA VIRUS RESEARCH AND EXTENSION.—Re- this section for the purpose of improving pest may be made under this section for the purpose search and extension grants may be made under management, fiber quality enhancement, eco- of meeting the needs of commercial producers of this section for the purpose of— nomic assessment, textile production, and opti- ornamental tropical fish and aquatic plants for ‘‘(A) developing methods to control or eradi- mized production systems for short staple cot- improvements in the areas of fish reproduction, cate the brown citrus aphid and the citrus ton. health, nutrition, predator control, water use, tristeza virus from citrus crops grown in the ‘‘(15) METHYL BROMIDE RESEARCH AND EXTEN- water quality control, and farming technology. United States; or SION.—Research and extension grants may be ‘‘(27) SHEEP SCRAPIE RESEARCH AND EXTEN- ‘‘(B) adapting citrus crops grown in the made under this section for the purpose of— SION.—Research and extension grants may be United States to the brown citrus aphid and the ‘‘(A) developing and evaluating chemical and made under this section for the purpose of in- citrus tristeza virus. nonchemical alternatives, and use and emission vestigating the genetic aspects of scrapie in ‘‘(2) ETHANOL RESEARCH AND EXTENSION.—Re- reduction strategies, for pre-planting and post- sheep. search and extension grants may be made under harvest uses of methyl bromide; and ‘‘(28) ANIMAL WASTE MANAGEMENT AT RURAL/ this section for the purpose of carrying on or en- ‘‘(B) transferring the results of such research URBAN INTERFACES.—Research and extension hancing research on ethanol derived from agri- for agricultural producer use. grants may be made under this section for the cultural crops as an alternative fuel source. ‘‘(16) WATER QUALITY AND AQUATIC ECO- purpose of identifying, evaluating, and dem- ‘‘(3) AFLATOXIN RESEARCH AND EXTENSION.— SYSTEM RESEARCH AND EXTENSION.—Research onstrating innovative technologies to be used for Research and extension grants may be made and extension grants may be made under this animal waste management (including odor con- under this section for the purpose of identifying section for the purpose of investigating the im- trol) in rural areas adjacent to urban or subur- and controlling aflatoxin in the food and feed pact on aquatic food webs, especially commer- ban areas in connection with waste manage- chains. cially important aquatic species and their habi- ment activities undertaken in urban or subur- ‘‘(4) MESQUITE RESEARCH AND EXTENSION.— Research and extension grants may be made tats, of microorganisms of the genus Pfiesteria ban areas. ‘‘(29) GYPSY MOTH RESEARCH AND EXTEN- under this section for the purpose of developing and other microorganisms that are a threat to SION.—Research and extension grants may be enhanced production methods and commercial human or animal health. ‘‘(17) POTATO RESEARCH AND EXTENSION.—Re- made under this section for the purpose of de- uses of mesquite. search and extension grants may be made under veloping biological control, management, and ‘‘(5) PRICKLY PEAR RESEARCH AND EXTEN- this section for the purpose of developing and eradication methods against nonnative insects, SION.—Research and extension grants may be made under this section for the purpose of in- evaluating new strains of potatoes which are re- including Lymantria dispar (commonly known vestigating enhanced genetic selection and proc- sistant to blight and other diseases, as well as as the Gypsy Moth), that contribute to signifi- essing techniques of prickly pears. insects. Emphasis may be placed on developing cant agricultural, economical, or environmental ‘‘(6) DEER TICK ECOLOGY RESEARCH AND EX- potato varieties that lend themselves to innova- harm. ‘‘(30) DAIRY EFFICIENCY, PROFITABILITY, AND TENSION.—Research and extension grants may tive marketing approaches. be made under this section for the purpose of ‘‘(18) WOOD UTILIZATION RESEARCH AND EX- COMPETITIVENESS RESEARCH AND EXTENSION.— studying the population ecology of deer ticks TENSION.—Research and extension grants may Research and extension grants may be made and other insects and pests which transmit be made under this section for the purpose of under this section for the purpose of improving Lyme disease. developing new uses for wood from underuti- the efficiency, profitability, and competitiveness ‘‘(7) RED MEAT SAFETY RESEARCH AND EXTEN- lized tree species as well as investigating meth- of dairy production on farms that are heavily SION.—Research and extension grants may be ods of modifying wood and wood fibers to dependent on manufacturing uses of milk. made under this section for the purpose of de- produce better building materials. ‘‘(31) ANIMAL FEED RESEARCH AND EXTEN- veloping— ‘‘(19) LOW-BUSH BLUEBERRY RESEARCH AND SION.—Research and extension grants may be ‘‘(A) intervention strategies that reduce micro- EXTENSION.—Research and extension grants made under this section for the purpose of maxi- bial contamination on carcass surfaces; may be made under this section for the purpose mizing nutrition management for livestock, ‘‘(B) microbiological mapping of carcass sur- of evaluating methods of propagating and devel- while limiting risks, such as mineral bypass, as- faces; and oping low-bush blueberry as a marketable crop. sociated with livestock feeding practices. ‘‘(C) model hazard analysis and critical con- ‘‘(20) FORMOSAN TERMITE ERADICATION RE- ‘‘(32) FORESTRY RESEARCH AND EXTENSION.— trol point plans. SEARCH AND EXTENSION.—Research and exten- Research and extension grants may be made ‘‘(8) GRAIN SORGHUM ERGOT RESEARCH AND EX- sion grants may be made under this section for under this section to develop and distribute TENSION.—Research and extension grants may the purpose of— new, high-quality, science-based information for be made under this section for the purpose of ‘‘(A) conducting research for the control, the purpose of improving the long-term produc- developing techniques for the eradication of sor- management, and possible eradication of Formo- tivity of forest resources and contributing to for- ghum ergot. san termites in the United States; and est-based economic development by addressing ‘‘(9) ANIMAL WASTE AND ODOR MANAGEMENT ‘‘(B) collecting data on the effectiveness of re- such issues as forest land use policies, multiple- RESEARCH AND EXTENSION.—Research and exten- search projects conducted under this paragraph. use forest management, including wildlife habi- sion grants may be made under this section for ‘‘(21) SWINE WASTE MANAGEMENT AND ODOR tat development, improved forest regeneration the purpose of— CONTROL RESEARCH AND EXTENSION.—Research systems, and timber supply, and improved devel- ‘‘(A) identifying, evaluating, and demonstrat- and extension grants may be made under this opment, manufacturing, and marketing of forest ing innovative technologies for animal waste section for the purpose of investigating the products. management and odor control; and microbiology of swine waste and developing im- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) conducting information workshops to proved methods to effectively manage air and There are authorized to be appropriated for disseminate the results of such research. water quality in animal husbandry. each of the fiscal years 1998 through 2002 such S1144 CONGRESSIONAL RECORD — SENATE February 27, 1998 sums as may be necessary to make grants under cultural research and development program (1) provide livestock producers, extension spe- this section in each of the high-priority research with the United States/Mexico Foundation for cialists, scientists, and veterinarians with infor- and extension areas specified in subsection (e). Science, which will focus on binational problems mation to prevent drug, pesticide, and environ- ‘‘(g) USE OF TASK FORCES.— facing agricultural producers and consumers in mental contaminant residues in food animal ‘‘(1) ESTABLISHMENT.—To facilitate the mak- the two countries, in particular pressing prob- products; ing of research and extension grants under this lems in the areas of food safety, plant and ani- (2) maintain up-to-date information concern- section in a high-priority research and exten- mal pest control, and the natural resources base ing— sion area specified in subsection (e), the Sec- on which agriculture depends. (A) withdrawal times on FDA-approved food retary may appoint a task force to make rec- ‘‘(b) ADMINISTRATION.—Grants under the re- animal drugs and appropriate withdrawal inter- ommendations to the Secretary. search and development program shall be vals for drugs used in food animals in the ‘‘(2) LIMITATION ON COSTS.—The Secretary awarded competitively through the Foundation. United States, as established under section may not incur costs in excess of $1,000 in any ‘‘(c) MATCHING REQUIREMENTS.—The provi- 512(a) of the Federal Food, Drug, and Cosmetic fiscal year in connection with each task force sion of funds to the Foundation by the United Act (21 U.S.C. 360b(a)); established under this subsection. States Government shall be subject to the condi- (B) official tolerances for drugs and pesticides ‘‘(3) APPLICATION OF OTHER LAWS.—The Fed- tion that the Government of Mexico match, on in tissues, eggs, and milk; eral Advisory Committee Act (5 U.S.C. App.) at least an equal ratio, any funds provided by (C) descriptions and sensitivities of rapid and title XVIII of the Food and Agriculture Act the United States Government. screening tests for detecting residues in tissues, of 1977 (7 U.S.C. 2281 et seq.) shall not apply to ‘‘(d) LIMITATION ON USE OF FUNDS.—Funds eggs, and milk; and a task force established under this subsection.’’. provided under this section may not be used for (D) data on the distribution and fate of SEC. 422. ORGANIC AGRICULTURE RESEARCH the planning, repair, rehabilitation, acquisition, chemicals in food animals; AND EXTENSION INITIATIVE. or construction of a building or facility.’’. (3) publish periodically a compilation of food The Food, Agriculture, Conservation, and SEC. 424. COMPETITIVE GRANTS FOR INTER- animal drugs approved by the Food and Drug Trade Act of 1990 is amended by inserting after NATIONAL AGRICULTURAL SCIENCE Administration; section 1672 (7 U.S.C. 5925) the following new AND EDUCATION PROGRAMS. (4) make information on food animal drugs section: Subtitle I of the National Agricultural Re- available to the public through handbooks and ‘‘SEC. 1672A. ORGANIC AGRICULTURE RESEARCH search, Extension, and Teaching Policy Act of other literature, computer software, a telephone AND EXTENSION INITIATIVE. 1977 (7 U.S.C. 3291 et seq.) is amended by insert- hotline, and the Internet; ‘‘(a) COMPETITIVE SPECIALIZED RESEARCH AND ing after section 1459, as added by section 423, (5) furnish producer quality-assurance pro- EXTENSION GRANTS AUTHORIZED.—The Sec- the following new section: grams with up-to-date data on approved drugs; retary of Agriculture, in consultation with the ‘‘SEC. 1459A. COMPETITIVE GRANTS FOR INTER- (6) maintain a comprehensive and up-to-date, National Agricultural Research, Education, Ex- NATIONAL AGRICULTURAL SCIENCE residue avoidance database; tension, and Economics Advisory Board, may AND EDUCATION PROGRAMS. (7) provide professional advice for determining make competitive grants to support research and ‘‘(a) COMPETITIVE GRANTS AUTHORIZED.—The the withdrawal times necessary for food safety extension activities regarding organically grown Secretary may make competitive grants to col- in the use of drugs in food animals; and and processed agricultural commodities for the leges and universities in order to strengthen (8) engage in other activities designed to pro- purpose of— United States economic competitiveness and to mote food safety. ‘‘(1) facilitating the development of organic promote international market development. (c) GRANTS.—The Secretary of Agriculture, in agriculture production and processing methods; ‘‘(b) PURPOSE OF GRANTS.—Grants under this consultation with the National Agricultural Re- ‘‘(2) evaluating the potential economic bene- section shall be directed to agricultural re- search, Education, Extension, and Economics fits to producers and processors who use organic search, extension, and teaching activities that Advisory Board, may make grants to colleges methods; and will— and universities to operate the FARAD program. ‘‘(1) enhance the international content of the ‘‘(3) exploring international trade opportuni- The term of a grant shall be three years, with curricula in colleges and universities so as to en- ties for organically grown and processed agri- options to extend the term of the grant tri- sure that United States students acquire an un- cultural commodities. ennially. ‘‘(b) GRANT TYPES AND PROCESS, PROHIBITION derstanding of the international dimensions and trade implications of their studies; SEC. 426. DEVELOPMENT AND COMMERCIALIZA- ON CONSTRUCTION.—Paragraphs (6), (7), and TION OF NEW BIOBASED PRODUCTS. (11) of subsection (b) of the Competitive, Special, ‘‘(2) ensure that United States scientists, ex- tension agents, and educators involved in agri- (a) BIOBASED PRODUCT DEFINED.—For pur- and Facilities Research Grant Act (7 U.S.C. poses of this section, the term ‘‘biobased prod- 450i) shall apply with respect to the making of cultural research and development activities outside of the United States have the oppor- uct’’ means a product suitable for food or grants under this section. nonfood use that is derived in whole or in part ‘‘(c) MATCHING FUNDS REQUIRED.— tunity to convey the implications of their activi- from renewable agricultural and forestry mate- ‘‘(1) IN GENERAL.—The Secretary shall require ties and findings to their peers and students in the recipient of a grant under this section to the United States and to the users of agricul- rials. provide funds or in-kind support from non-Fed- tural research, extension, and teaching; (b) COOPERATIVE AGREEMENTS FOR BIOBASED eral sources in an amount at least equal to the ‘‘(3) enhance the capabilities of colleges and PRODUCTS.—The Secretary of Agriculture may amount provided by the Federal Government. universities to do collaborative research with enter into cooperative agreements with private ‘‘(2) WAIVER AUTHORITY.—The Secretary may other countries, in cooperation with other Fed- entities described in subsection (c), under which waive the matching funds requirement specified eral agencies, on issues relevant to United the facilities and technical expertise of the Agri- in paragraph (1) with respect to a research States agricultural competitiveness; cultural Research Service may be made available project if the Secretary determines that— ‘‘(4) enhance the capabilities of colleges and to operate pilot plants and other large-scale pre- ‘‘(A) the results of the project, while of par- universities to provide cooperative extension parative facilities for the purpose of bringing ticular benefit to a specified agricultural com- education to promote the application of new technologies necessary for the development and modity, are likely to be applicable to agricul- technology developed in foreign countries to commercialization of new biobased products to tural commodities generally; or United States agriculture; and the point of practical application. Cooperative ‘‘(B) the project involves a minor commodity, ‘‘(5) enhance the capability of United States activities may include research on potential en- deals with scientifically important research, and colleges and universities, in cooperation with vironmental impacts of a biobased product, grant recipient would be unable to satisfy the other Federal agencies, to provide leadership methods to reduce the cost of manufacturing a matching funds requirement. and educational programs that will assist biobased product, and other appropriate re- ‘‘(d) PARTNERSHIPS ENCOURAGED.—Following United States natural resources and food pro- search. the completion of a peer review process for grant duction, processing, and distribution businesses (c) ELIGIBLE PARTNERS.—The following enti- proposals received under this section, the Sec- and industries to compete internationally, in- ties shall be eligible to enter into a cooperative retary may give priority to those grant proposals cluding product market identification, inter- agreement under this section: found to be scientifically meritorious that in- national policies limiting or enhancing market (1) A party that has entered into a cooperative volved the cooperation of multiple institutions. production, development of new or enhancement research and development agreement with the ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— of existing markets, and production efficiencies. Secretary under section 12 of the Stevenson- There are authorized to be appropriated for ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— Wydler Technology Innovation Act of 1980 (15 each of the fiscal years 1998 through 2002 such There are authorized to be appropriated such U.S.C. 3710a). sums as may be necessary to make grants under sums as may be necessary to carry out this sec- (2) A recipient of funding from the Alternative this section.’’. tion.’’. Agricultural Research and Commercialization SEC. 423. UNITED STATES-MEXICO JOINT AGRI- SEC. 425. FOOD ANIMAL RESIDUE AVOIDANCE Corporation established under section 1658 of CULTURAL RESEARCH. DATABASE PROGRAM. the Food, Agriculture, Conservation, and Trade Subtitle I of the National Agricultural Re- (a) CONTINUATION OF PROGRAM.—The Sec- Act of 1990 (7 U.S.C. 5902). search, Extension, and Teaching Policy Act of retary of Agriculture shall continue operation of (3) A recipient of funding from the Bio- 1977 is amended by inserting after section 1458 (7 the Food Animal Residue Avoidance Database technology Research and Development Corpora- U.S.C. 3291) the following new section: program (referred to in this section as the tion. ‘‘SEC. 1459. UNITED STATES-MEXICO JOINT AGRI- ‘‘FARAD program’’) through appropriate col- (4) A recipient of funding from the Secretary CULTURAL RESEARCH. leges or universities. under a Small Business Innovation Research ‘‘(a) RESEARCH AND DEVELOPMENT PRO- (b) ACTIVITIES.—In carrying out the FARAD Program established under section 9 of the Small GRAM.—The Secretary may provide for an agri- program, the Secretary of Agriculture shall— Business Act (15 U.S.C. 638). February 27, 1998 CONGRESSIONAL RECORD — SENATE S1145

(d) SOURCE OF FUNDS.—To carry out this sec- tablish an integrated research, education, and section is intended to provide for the effective tion, the Secretary may use— extension competitive grant program to provide coordination of agricultural policies and activi- (1) funds appropriated to carry out this sec- funding for integrated, multi-functional re- ties within the Department of Agriculture relat- tion; and search, education, and extension activities. ed to pesticides and of the development and use (2) funds available for cooperative research (b) COMPETITIVE GRANTS AUTHORIZED.—Sub- of pest management tools, while taking into ac- and development agreements (as described in ject to the appropriation of funds to carry out count the effects of regulatory actions of other subsection (b)). this section, the Secretary may award grants to government agencies. (e) SALE OF DEVELOPED PRODUCTS.—The Sec- colleges and universities (as defined in section (b) ESTABLISHMENT OF OFFICE; PRINCIPAL RE- retary shall authorize the private partner or 1404(4) of the National Agricultural Research, SPONSIBILITIES.—The Secretary of Agriculture partners in a cooperative agreement consistent Extension, and Teaching Policy Act of 1977 (7 shall establish in the Department of Agriculture with this section to sell new biobased products U.S.C. 3103(4))) on a competitive basis for inte- an Office of Pest Management Policy, which produced at a pilot plant under the agreement grated research, education, and extension shall be responsible for— for the purpose of determining the market po- projects in accordance with the provisions of (1) the development and coordination of De- tential for the products. this section. partment of Agriculture policy on pest manage- (f) AUTHORIZATION OF APPROPRIATIONS.— (c) CRITERIA FOR GRANTS.—Grants under this ment and pesticides; There are authorized to be appropriated such section shall be awarded to address priorities in (2) the coordination of activities and services sums as may be necessary to carry out this sec- United States agriculture, determined by the of the Department, including research, exten- tion. Secretary in consultation with the National Ag- sion, and education activities, regarding the de- SEC. 427. THOMAS JEFFERSON INITIATIVE FOR ricultural Research, Extension, Education, and velopment, availability, and use of economically CROP DIVERSIFICATION. Economics Advisory Board, which involve inte- and environmentally sound pest management (a) INITIATIVE REQUIRED.—The Secretary of grated research, education, and extension ac- tools and practices; Agriculture shall provide for a research initia- tivities. (3) assisting the Department in fulfilling its tive (to be known as the ‘‘Thomas Jefferson Ini- (d) MATCHING OF FUNDS.— responsibilities related to pest management or tiative for Crop Diversification’’) for the pur- (1) GENERAL REQUIREMENT.—If a grant under pesticides under the Food Quality Protection pose of conducting research and development, in this section is to the particular benefit of a spe- Act of 1996 (Public Law 104–170; 110 Stat. 1489), cooperation with other public and private enti- cific agricultural commodity, the Secretary shall the Federal Insecticide, Fungicide, and ties, on the production and marketing of new require the recipient of the grant to provide Rodenticide Act (7 U.S.C. 136 et seq.), the Fed- and nontraditional crops needed to strengthen funds or in-kind support to match the amount eral Food, Drug, and Cosmetic Act (21 U.S.C. and diversify the agricultural production base of funds provided by the Secretary in the grant. of the United States. The initiative shall include 301 et seq.), or other law; and (2) WAIVER.—The Secretary may waive the (4) performing such other functions as may be research and education efforts regarding new matching funds requirement specified in para- required by law or prescribed by the Secretary. and nontraditional crops designed— graph (1) with respect to a grant if the Secretary (1) to identify and overcome agronomic bar- (c) INTERAGENCY COORDINATION.—In support determines that— of its responsibilities under subsection (a), the riers to profitable production; (A) the results of the project, while of particu- (2) to identify and overcome other production Office of Pest Management Policy shall provide lar benefit to a specific agricultural commodity, and marketing barriers; and leadership to ensure coordination of interagency (3) to develop processing and utilization tech- are likely to be applicable to agricultural com- activities with the Environmental Protection nologies for new and nontraditional crops. modities generally; or Agency, the Food and Drug Administration, (B) the project involves a minor commodity, (b) PURPOSES.—The initiative is established— and other Federal and State agencies. (1) to develop a focused program of research deals with scientifically important research, and (d) OUTREACH.—The Office of Pest Manage- and development at the regional and national the grant recipient would be unable to satisfy ment Policy shall consult with agricultural pro- level to overcome barriers to development of new the matching funds requirement. ducers that may be affected by pest management crop opportunities for farmers and related (e) AUTHORIZATION OF APPROPRIATIONS.— or pesticide-related activities or actions of the value-added enterprise development in rural There is authorized to be appropriated such Department or other agencies as necessary in communities; and sums as may be necessary for each of the fiscal carrying out the Office’s responsibilities under (2) to ensure a broad-based effort encompass- years 1998 through 2002 to carry out this sec- this section. ing research, education, market development, tion. (e) DIRECTOR.—The Office of Pest Manage- and support of entrepreneurial activity leading SEC. 429. RESEARCH GRANTS UNDER EQUITY IN ment Policy shall be under the direction of a Di- to increased agricultural diversification. EDUCATIONAL LAND-GRANT STATUS rector appointed by the Secretary who shall re- (c) ESTABLISHMENT OF INITIATIVE.—The Sec- ACT OF 1994. port directly to the Secretary or a designee of retary shall coordinate the initiative through a The Equity in Educational Land-Grant Status the Secretary. Act of 1994 (Public Law 103–382; 7 U.S.C. 301 nonprofit center or institute that will coordinate (f) AUTHORIZATION OF APPROPRIATIONS.— research and education programs in cooperation note) is amended by adding at the end the fol- There are authorized to be appropriated such with other public and private entities. The Sec- lowing new section— sums as may be necessary to carry out this sec- retary shall administer research and education ‘‘SEC. 536. RESEARCH GRANTS. tion. ESEARCH RANTS UTHORIZED grants made under this section. ‘‘(a) R G A .—The SEC. 503. FOOD SAFETY RESEARCH INFORMATION (d) REGIONAL EMPHASIS.—The Secretary shall Secretary of Agriculture may make grants under OFFICE AND NATIONAL CON- support development of multi-State regional ef- this section on the basis of a competitive appli- FERENCE. forts in crop diversification. Of funding made cation process (and in accordance with such (a) FOOD SAFETY RESEARCH INFORMATION OF- available to carry out the initiative, 50 percent regulations that the Secretary may promulgate) FICE.— shall be used for regional efforts centered at to a 1994 Institution to assist the 1995 Institu- (1) ESTABLISHMENT AND PURPOSE.—The Sec- land-grant colleges and universities in order to tion to conduct agricultural research that ad- retary of Agriculture shall establish a Food facilitate site-specific crop development efforts. dresses high priority concerns of tribal, na- Safety Research Information Office at the Na- (e) ELIGIBLE GRANTEE.—The Secretary may tional, or multi-state significance. tional Agricultural Library. The Office shall award funds under this section to colleges or ‘‘(b) REQUIREMENTS.—Grant applications sub- provide to the research community and the gen- universities, nonprofit organizations, or public mitted under this section shall certify that the eral public information on publicly funded, and agencies. research to be conducted will be performed to the extent possible, privately funded food (f) ADMINISTRATION.— under a cooperative agreement with at least one safety research initiatives for the purpose of— (1) GRANTS AND CONTRACTS.—Grants awarded other land-grant college or university (exclusive (A) preventing unintended duplication of food through the initiative shall be selected on a of another 1994 Institution). competitive basis. The recipient of a grant may safety research; and ‘‘(c) AUTHORIZATION OF APPROPRIATION.— (B) assisting the executive and legislative use a portion of the grant funds for standard There are authorized to be appropriated such contracts with private businesses, such as for branches of the Government and private re- sums as may be necessary to carry out this sec- search entities to assess food safety research test processing of a new or nontraditional crop. tion for each of the fiscal years 1998 through (2) TERMS.—The term of a grant awarded needs and priorities. 2002. Amounts appropriated shall remain avail- through the initiative may not exceed five years. (2) COOPERATION.—The Office shall carry out able until expended.’’. (3) MATCHING FUNDS.—The Secretary shall re- paragraph (1) in cooperation with the National quire the recipient of a grant awarded through TITLE V—MISCELLANEOUS PROVISIONS Institutes of Health, the Food and Drug Admin- the initiative to contribute an amount of funds SEC. 501. ROLE OF SECRETARY OF AGRICULTURE istration, the Centers for Disease Control and from non-Federal sources at least equal to the REGARDING FOOD AND AGRICUL- Prevention, public institutions, and on a vol- amount provided by the Federal Government. TURAL SCIENCES RESEARCH, EDU- untary basis, private research interests. (g) AUTHORIZATION OF APPROPRIATIONS.— CATION, AND EXTENSION. (b) NATIONAL CONFERENCE.—Not later than There are authorized to be appropriated such The Secretary of Agriculture shall be the prin- 120 days after the date of the enactment of this sums as may be necessary to carry out this sec- cipal official in the executive branch responsible Act, the Secretary shall sponsor a conference to tion. for coordinating all Federal research and exten- be known as the ‘‘National Conference on Food SEC. 428. INTEGRATED RESEARCH, EDUCATION, sion activities related to food and agricultural Safety Research’’, for the purpose of beginning AND EXTENSION COMPETITIVE sciences. the task of food safety research prioritization. GRANTS PROGRAM. SEC. 502. OFFICE OF PEST MANAGEMENT POLICY. The Secretary shall sponsor annual workshops (a) PURPOSE.—It is the purpose of this section (a) OBJECTIVE.—The establishment of an Of- in each of the subsequent four years after the to authorize the Secretary of Agriculture to es- fice of Pest Management Policy pursuant to this conference so that priorities can be updated or S1146 CONGRESSIONAL RECORD — SENATE February 27, 1998 adjusted to reflect changing food safety con- ment for agricultural use of alternatives to bring information regarding crises or potential cerns. methyl bromide, the Secretary of Agriculture crises to the attention of team members; (c) FOOD SAFETY REPORT.—With regard to the should use a substantial portion of such funds (G) ensure that departmental spokespersons study and report to be prepared by the National for research to be conducted in real field condi- convey accurate, timely, and scientifically Academy of Sciences on the scientific and orga- tions, in particular pre-planting and post-har- sound information that is easily understood by nizational needs for an effective food safety sys- vest conditions, so as to expedite the develop- the target audience; and tem, the study shall include recommendations to ment and commercial use of methyl bromide al- (H) cooperate and coordinate with other Fed- ensure that the food safety inspection system, ternatives. eral agencies, States, local governments, indus- within the resources traditionally available to SEC. 510. SENSE OF CONGRESS REGARDING IM- try, and public interest groups; and existing food safety agencies, protects the public PORTANCE OF SCHOOL-BASED AGRI- (3) seek to enter into cooperative agreements health. CULTURAL EDUCATION. with other Federal departments and agencies SEC. 504. NUTRIENT COMPOSITION DATA. It is the sense of Congress that the Secretary that have related programs or activities to help (a) IN GENERAL.—The Secretary of Agriculture of Agriculture and the Secretary of Education ensure consistent, accurate, and coordinated shall update, on a periodic basis, nutrient com- should collaborate and cooperate in providing dissemination of information throughout the ex- position data. both instructional and technical support for ecutive branch in the event of a crisis. school-based agricultural education. (b) REPORT.—Not later than 180 days after the Mr. MCCAIN. Mr. President, Senator SEC. 511. SENSE OF CONGRESS REGARDING DES- date of the enactment of this Act, the Secretary HOLLINGS and I would like to engage IGNATION OF DEPARTMENT CRISIS shall submit to Congress a report that de- the chairman of the Senate Agriculture scribes— MANAGEMENT TEAM. (1) the method the Secretary will use to up- (a) FINDINGS.—Congress finds the following: Committee, Senator LUGAR, as well as date nutrient composition data, including the (1) The Department of Agriculture plays a the ranking member of that Commit- quality assurance criteria that will be used and crucial role in ensuring that the United States is tee, Senator HARKIN, in a colloquy on the method for generating the data; and a world leader in maintaining the most afford- certain provisions of S. 1150, the Agri- (2) the timing for updating the data. able, abundant, wholesome, and safe food sup- culture Research, Extension, and Edu- ply for its citizens. SEC. 505. AVAILABILITY OF FUNDS RECEIVED OR cation Reform Act of 1997. COLLECTED ON BEHALF OF NA- (2) It is in the best interest of consumers, pro- TIONAL ARBORETUM. ducers, processors, retailers, government offi- Mr. LUGAR. I would be pleased to Section 6(b) of the Act of March 4, 1927 (20 cials, and other interested parties to ensure that join the Senators in a colloquy on this U.S.C. 196(b)), is amended by striking ‘‘Treas- any crisis that may affect the operation of the subject. ury’’ and inserting ‘‘Treasury. Amounts in the Department or the production of a safe and Mr. HARKIN. I would be happy to special fund shall be available to the Secretary wholesome food supply is addressed in an effec- participate in the colloquy as well. of Agriculture, without further appropriation,’’. tive manner. Mr. MCCAIN. The Commerce Com- (3) Unforeseen circumstances, including natu- SEC. 506. RETENTION AND USE OF AGRICUL- mittee has expressed serious concerns ral disaster, personnel management problems, TURAL RESEARCH SERVICE PATENT about sections of the Senate version of CULTURE COLLECTION FEES. threats to public health, and trade disruptions, All funds collected by the Agricultural Re- have the potential to undermine the operation S. 1150 which deal with aquaculture and search Service of the Department of Agriculture of the Department and the Nation’s ability to ef- weather activities. These provisions in connection with the acceptance of microorga- ficiently provide a safe, affordable, abundant, make changes to existing law relating nisms for deposit in, or the distribution of micro- and wholesome food supply. to marine and estuarine aquaculture as organisms from, the Patent Culture Collection (4) Department of Agriculture employees, con- well as federal weather activities, sub- maintained and operated by the Agricultural sumer confidence, and the food production sec- jects that are within the jurisdiction of Research Service shall be credited to the appro- tor have been adversely impacted as a result of the challenges associated with Federal agencies’ the Commerce Committee. The Com- priation supporting the maintenance and oper- merce Committee believes that these ation of the Patent Culture Collection. The col- ability to respond to incidents in a coordinated lected funds shall be available to the Agricul- and timely fashion. changes are significant and need to be tural Research Service, without further appro- (5) An effective response to crises, emer- thoroughly reviewed in the Commerce priation or fiscal-year limitation, to carry out its gencies, and similar situations depends upon the Committee before they are enacted. We responsibilities under law (including inter- timely and efficient coordination of Federal, have therefore requested that the Sen- national treaty) with respect to the Patent Cul- State, and local government agencies. ate Agriculture Committee conferees ture Collection. (6) It is in the best interests of the Nation to agree to drop these provisions during ensure that whenever a crisis occurs the appro- SEC. 507. REIMBURSEMENT OF EXPENSES IN- the conference on S. 1150. I would now CURRED UNDER SHEEP PROMOTION, priate Federal agencies coordinate their activi- RESEARCH, AND INFORMATION ACT ties. like to defer to the Commerce Commit- OF 1994. (7) The Department of Agriculture should take tee’s ranking Democrat, Senator HOL- Using funds available to the Agricultural the lead in ensuring a safe and wholesome sup- LINGS, for his comments on this mat- Marketing Service, the Service may reimburse ply of food for the Nation because of its broad ter. the American Sheep Industry Association for ex- and diverse relationship with consumers and the Mr. HOLLINGS. I concur with the penses incurred by American Sheep Industry As- food production sector. chairman of the Commerce Committee. (b) SENSE OF CONGRESS.—It is the sense of sociation between February 6, 1996, and May 17, The provisions on aquaculture and 1996, in preparation for the implementation of a Congress that the Secretary of Agriculture sheep and wool promotion, research, education, should— weather activities in the Senate-passed and information order under the Sheep Pro- (1) designate a Crisis Management Team with- version of S. 1150 substantially affect motion, Research, and Information Act of 1994 in the Department of Agriculture, which would important issues within the Commerce (7 U.S.C. 7101 et seq.). be composed of senior departmental personnel Committee’s jurisdiction and we need SEC. 508. DESIGNATION OF KIKA DE LA GARZA with strong subject matter expertise selected to examine and formally consider the SUBTROPICAL AGRICULTURAL RE- from each relevant agency of the Department provisions in our committee before we SEARCH CENTER, WESLACO, TEXAS. and would be headed by a team leader with can agree to their enactment. (a) DESIGNATION.—The Federal facilities lo- strong management and communications skills; Mr. MCCAIN. Mr. President, our two cated at 2413 East Highway 83, and 2301 South (2) upon establishment of such a Crisis Man- International Boulevard, in Weslaco, Texas, agement Team, direct that the Crisis Manage- committees have discussed this matter and known as the Subtropical Agricultural Re- ment Team— and I understand that based on the con- search Center, shall be known and designated (A) develop a department-wide crisis manage- cern expressed by the Commerce Com- as the ‘‘Kika de la Garza Subtropical Agricul- ment plan, taking into account similar plans de- mittee Senator LUGAR and Senator tural Research Center’’. veloped by other government agencies and other HARKIN have agreed to drop the provi- (b) REFERENCES.—Any reference in a law, large organizations; sions of concern to our Committee dur- (B) develop detailed written procedures for im- map, regulation, document, paper, or other ing conference, and to substitute in record of the United States to the Federal facili- plementing the crisis management plan; ties referred to in subsection (a) shall be deemed (C) conduct periodic reviews and revisions of place of these provisions straight reau- to be a reference to the ‘‘Kika de la Garza Sub- the crisis management plan and procedures; thorizations of the National Aqua- tropical Agricultural Research Center’’. (D) ensure compliance with crisis management culture Act of 1980 and the National SEC. 509. SENSE OF CONGRESS REGARDING AGRI- procedures by departmental personnel; Agricultural Weather Information Sys- CULTURAL RESEARCH SERVICE EM- (E) coordinate the Department’s information tem Act of 1990. I understand further PHASIS ON IN FIELD RESEARCH RE- gathering and dissemination activities concern- that these substitute provisions will GARDING METHYL BROMIDE ALTER- ing issues managed by the Crisis Management NATIVES. Team; simply extend the authorization of ap- It is the sense of Congress that, of the Agricul- (F) ensure that all employees of the Depart- propriations at current levels through tural Research Service funds made available for ment are familiar with the crisis management fiscal year 2002 for each of the acts, but a fiscal year for research regarding the develop- plan and procedures and are encouraged to will otherwise not change existing law. February 27, 1998 CONGRESSIONAL RECORD — SENATE S1147 Is my understanding of the agreement tunity, before we start on the Senator’s are not an academic debate. They are a correct? amendment, to urge all Senators to matter of life and death. All of us have Mr. LUGAR. Senator MCCAIN is cor- come with amendments. heard the statistics about how our in- rect in his understanding of the agree- We are ready to do business here. adequate highways contribute to 114 ment reached by our two Committees. There are a host of amendments. As we deaths on our Nation’s highways each While the Agriculture Committee has know, under the ground rules, we are day. Missouri’s highway fatality rate is an interest in both agricultural weath- not taking up amendments that deal above the national average. I am re- er research and freshwater aqua- with financial matters, but there are a minded of these tragedies every time I culture, Senator HARKIN and I ac- whole host of other amendments that go home. Every time I travel to a new knowledge the Commerce Committee’s do not deal with those particular sub- part of the State, they have lost some- concerns and will accommodate them. jects. We would certainly like to dis- one or several people on the highways. We will propose during the conference pose of them. So I do urge all Senators Missouri has roads designated as part that section 230 and section 211 of the who have amendments to come to the of the National Highway System that Senate-passed version of S. 1150 be floor and bring them up. have no shoulders. We have two-lane stricken, and that language be inserted I thank the Chair. roads carrying traffic meant for four in lieu of these sections which only ex- Mr. BOND addressed the Chair. The PRESIDING OFFICER. The Sen- lanes. These are real death traps, be- tends the authorization of appropria- ator from Missouri. cause somebody who is not familiar tions for the two statutes through fis- Mr. BOND. Mr. President, I thank my with the road, too often an out-of- cal year 2002, without other changes to good friend from Rhode Island. Let me State visitor to our State, makes a the existing laws. begin by saying it is high time. I am mistake and crosses over the center Mr. HARKIN. I concur with the fore- anxious for this bill to move forward. I line with tragic consequences to them going description of our understanding am very pleased to be here today with and to some other innocent party as as well. As Senator LUGAR described, my colleagues to talk about this very well. And our bridge needs are perhaps we will propose to drop the existing important highway and transportation greater than any other State. Senate provisions on aquaculture and legislation and to offer an amendment I drove last Friday over the bridge at weather activities, and to substitute in which I believe has been cleared on Hermann, MO. It is an eerie feeling their place straight reauthorizations of both sides. driving over a highway bridge and the two acts that Senator MCCAIN men- Mr. President, this past October, No- looking down at the river below and tioned. vember, I had the pleasure of working seeing it through the bridge that you Mr. MCCAIN. I thank the Senator with our distinguished committee are driving over. Mr. President, that is very much for their cooperation on this chairman, Senator CHAFEE, and the not fun. That gets your attention. The matter. subcommittee chairman, and my good people know that these bridges are not Mr. HOLLINGS. I also extend my friend, Senator WARNER, and the rank- going to last forever. thanks to Senator LUGAR and Senator ing member, Senator BAUCUS, to forge Missouri has too many highways HARKIN for addressing our concerns. an interim solution that produced a marked with white crosses along the Mr. ASHCROFT. Mr. President, I ask short-term extension for this vital side where people have died. The white unanimous consent that the Senate highway and transportation legislation crosses are in memory of the loved disagree to the amendment of the that provided necessary resources to ones who will never return because of House, agree to the request for a con- make certain that the orange cones our inadequate highways. ference, and the Chair be authorized to and barrels that signal highway con- Reauthorization of this measure, this appoint conferees on the part of the struction underway would continue to highway transportation measure, is Senate. drive drivers nuts and show them that imperative. We must move forward. I The PRESIDING OFFICER. Without progress is being made. know that maintaining our Nation’s objection, it is so ordered. But as already has been pointed out roads and bridges is not always a glam- The Presiding Officer appointed Mr. on the floor numerous times over the orous issue or undertaking. Too often LUGAR, Mr. COCHRAN, Mr. COVERDELL, last couple weeks, we only passed an we hear discussions about priority Mr. HARKIN, and Mr. LEAHY conferees extension, one that does expire. Let me items that take our attention away. on the part of the Senate. tell my colleagues that getting agree- But as with the debate raging in edu- Mr. ASHCROFT. Mr. President, I ment in passing the extension was not yield the floor. cation circles about improving our Na- easy. However, it did give us an idea of tion’s crumbling schools, so goes the f the complexity of what we have ahead equally important debate about im- of us. INTERMODAL SURFACE TRANS- proving our transportation infrastruc- We all know the importance and the PORTATION EFFICIENCY ACT OF ture, our roads and highways and role that transportation plays in our 1997 everyday lives and especially in our bridges. Here it is lives we are talking The PRESIDING OFFICER. Under economy. We absolutely must improve about. the previous order, the Senate will now upon the existing infrastructure—that Mr. President, reasonable people do resume consideration of S. 1173, which is, the roads, the bridges, the transpor- have passionate differences. We see the clerk will report. tation systems—and determine better that every day on the Senate floor. All The assistant legislative clerk read ways to meet our transportation needs. of us who were here in 1991 can recall as follows: That is why I worked with the distin- that debate can get ugly over those dif- A bill (S. 1173) to authorize funds for con- guished chair and ranking member and ferences, especially when money is in- struction of highways, for highway safety the subcommittee leaders to produce volved. Overall funding has proven to programs, and for mass transit programs, the bill that is now pending. be one of the difficult issues already, and for other purposes. I am very pleased to support and urge and the floor debates have not even The Senate resumed consideration of the adoption of that measure. As Sen- started on formulas yet. the bill with a modified committee ator CHAFEE said yesterday, this bill We all know there are tremendous amendment in the nature of a sub- was reported unanimously out of com- challenges in meeting our aim of bal- stitute (Amendment No. 1676). mittee—I repeat, unanimously out of ancing the budget and our commitment Mr. CHAFEE addressed the Chair. committee. This happened because the to the American people to do so. I am The PRESIDING OFFICER. The Sen- bill, called ISTEA II, builds our new ever mindful of and support achieving ator from the great State of Rhode Is- policy solidly on our commitment to this goal. However, I do know the im- land. the concrete and asphalt reality that portance of the transportation infra- Mr. CHAFEE. Mr. President, I am de- roads and bridges are and will continue structure, the roads and highways and lighted that the Senator from Missouri to be the foundation of our transpor- bridges and transportation needs of is here. It is my understanding that he tation system. this country and the desire to provide has an amendment he is prepared to Mr. President, for me and for the peo- for increased funding to meet those present. I would just use this oppor- ple of my State of Missouri, highways needs. S1148 CONGRESSIONAL RECORD — SENATE February 27, 1998 As a member of the Budget Commit- The PRESIDING OFFICER. Without proved in accordance with the Federal Guid- tee, the Appropriations Committee and objection, it is so ordered. ance for the Establishment, Use and Oper- the Environment and Public Works The amendment is as follows: ation of Mitigation Banks (60 Fed. Reg. 58605 Committee, I am committed and pledge Beginning on page 181, strike line 20 and (November 28, 1995)) or other applicable Fed- eral law (including regulations).’’; and my support in working to find a solu- all that follows through page 183, line 23, and tion that will provide the increased insert the following: Mr. BOND. Mr. President, this funding necessary for transportation esses. With respect to participation in a nat- amendment on wetlands mitigation while maintaining our commitment to ural habitat or wetland mitigation effort re- banking has been cleared by both sides, lated to a project funded under this title and has been reviewed by EPA and the a balanced budget. that has an impact that occurs within the I expressed my appreciation to the Corps who have no objection. It is, I be- service area of a mitigation bank, preference lieve, consistent with administration majority leader, Senator LOTT, and to shall be given, to the maximum extent prac- policy. It is supported by the Associa- our Budget Committee chairman, Sen- ticable, to the use of the mitigation bank if tion of State Highway and Transpor- ator DOMENICI, who are working to- the bank contains sufficient available cred- tation Officials and the National Wet- gether and working with us to provide its to offset the impact and the bank is ap- lands Coalition. I believe this amend- the resources we need to put the proved in accordance with the Federal Guid- ment is good for wetlands protection. ‘‘trust’’ back in the highway trust ance for the Establishment, Use and Oper- ation of Mitigation Banks (60 Fed. Reg. 58605 It promotes private sector efforts to fund. (November 28, 1995)) or other applicable Fed- protect wetlands, and it saves money I do support the highway money eral law (including regulations). that can be used on highways or other going for highways and transportation ‘‘(N) Publicly-owned intracity or intercity authorized uses under this act. This is needs. My goal has always been to in- passenger rail or bus terminals, including a win-win-win amendment. crease the size of the overall pie for terminals of the National Railroad Pas- Now, let me tell you what the amend- highways and transportation and, as senger Corporation and publicly-owned inter- modal surface freight transfer facilities, ment does. It simply provides, when well, to increase Missouri’s share. I highway projects result in impact to will do everything possible to ensure other than seaports and airports, if the ter- minals and facilities are located on or adja- wetlands that require compensatory that the State of Missouri gets a full, cent to National Highway System routes or mitigation—a big word saying: If you fair share back. connections to the National Highway Sys- take away a wetland here, you have to Maybe S. 404, which is known as the tem selected in accordance with paragraph restore a wetland there so we do not Bond-Chafee Highway Trust Fund In- (2). have any loss of wetlands. That is re- tegrity Act, introduced with the distin- ‘‘(O) Infrastructure-based intelligent trans- quired under current law. Here in this guished chairman a year ago, is part of portation systems capital improvements. amendment we say that preference can the overall funding solution. It does ‘‘(P) In the Virgin Islands, Guam, Amer- ican Samoa, and the Commonwealth of the be given, to the extent practical, to not take the highway trust fund off private sector mitigation banks. budget, but it does ensure that the Northern Mariana Islands, any project eligi- ble for funding under section 133, any air- The amendment mandates that the ‘‘trust’’ is put back in the trust fund. port, and any seaport. banks be approved in accordance with That is a goal that I believe we all ‘‘(Q) Publicly owned components of mag- the administration’s Federal guidance share. netic levitation transportation systems.’’. on mitigation banking issued in 1993. It I hope that negotiations on the over- SEC. 1235. ELIGIBILITY OF PROJECTS UNDER requires that the bank be within the all funding level continue. If we can get THE SURFACE TRANSPORTATION service area of the impacted wetlands. a $28 billion highway program, let us PROGRAM. Mitigation is usually accomplished Section 133(b) of title 23, United States do it. Let us work to achieve the allo- Code (as amended by section 1232(c)), is by restoring or creating other wet- cation and the commitment of the amended— lands. Isolated, on-site mitigation highway trust fund moneys going back (1) in paragraph (2), by striking ‘‘and pub- projects are expensive and often costly to highway trust fund purposes. licly owned intracity or intercity bus termi- to maintain. Wetlands mitigation Mr. President, unfortunately, when nals and facilities’’ and inserting ‘‘, includ- banks, on the other hand, are typically we talk about Federal money and for- ing vehicles and facilities, whether publicly large tracts of land that have been re- mulas, there are always clear-cut win- or privately owned, that are used to provide stored as wetlands. A State department ners and losers. I know Missouri has intercity passenger service by bus or rail’’; of transportation building a highway (2) in paragraph (3)— been on both sides, too often on the (A) by striking ‘‘and bicycle’’ and inserting project which impacts wetlands near a losing side. But none of this goes away ‘‘bicycle’’; and bank buys ‘‘credits’’ generated from if we wait. I thank the majority leader (B) by inserting before the period at the the bank based on the acreage quality and I thank the chairman and the end the following: ‘‘, and the modification of of restored wetlands in order to satisfy ranking member for bringing this up. public sidewalks to comply with the Ameri- its obligation to mitigate the harm to Now, Mr. President, unless the chair- cans with Disabilities Act of 1990 (42 U.S.C. impacted wetlands. man has other matters, I wish to intro- 12101 et seq.)’’; The bank sponsor assumes full re- duce an amendment that I believe has (3) in paragraph (4)— sponsibility for maintaining the re- (A) by inserting ‘‘, publicly owned pas- been cleared on both sides. senger rail,’’ after ‘‘Highway’’; stored wetland site, and the State AMENDMENT NO. 1677 TO AMENDMENT NO. 1676 (B) by inserting ‘‘infrastructure’’ after Transportation Department has ful- (Purpose: To require that, in funding natural ‘‘safety’’; and filled its mitigation requirement and habitat and wetland mitigation efforts re- (C) by inserting before the period at the can get on with the work on much- lated to Federal-aid highway projects, a end the following: ‘‘, and any other noninfra- needed projects. preference be given, to the maximum ex- structure highway safety improvements’’; The amendment does nothing to tent practicable, to the use of certain miti- (4) in paragraph (11)— change the mitigation requirement. It gation banks) (A) in the first sentence— simply provides that mitigation bank- Mr. BOND. Mr. President, I send an (i) by inserting ‘‘natural habitat and’’ after ing will be the preferred alternative, amendment to the desk on behalf of ‘‘participation in’’ each place it appears; (ii) by striking ‘‘enhance and create’’ and where available, once mitigation re- myself, Senator BREAUX, and Senator inserting ‘‘enhance, and create natural habi- quirements are found to exist. LOTT and ask for its immediate consid- tats and’’; and In 1996, the Committee on Environ- eration. (iii) by inserting ‘‘natural habitat and’’ be- ment and Public Works held a hearing The PRESIDING OFFICER. The fore ‘‘wetlands conservation’’; and where witnesses from the administra- clerk will report the amendment. (B) by adding at the end the following: tion, the private sector, the environ- The assistant legislative clerk read ‘‘With respect to participation in a natural mental community, and the scientific as follows: habitat or wetland mitigation effort related community spoke to the promise of to a project funded under this title that has The Senator from Missouri [Mr. BOND], for mitigation banking as being an impor- an impact that occurs within the service himself, Mr. LOTT and Mr. BREAUX, proposes tant instrument to protect wetlands an amendment numbered 1677. area of a mitigation bank, preference shall be given, to the maximum extent prac- and to do so with less expense and less Mr. BOND. Mr. President, I ask unan- ticable, to the use of the mitigation bank if red tape. imous consent that further reading of the bank contains sufficient available cred- Robert Perciasepe, Assistant Admin- the amendment be dispensed with. its to offset the impact and the bank is ap- istrator in the Office of Water at EPA, February 27, 1998 CONGRESSIONAL RECORD — SENATE S1149 testified to ‘‘EPA’s strong support for highways funded under the federal way project. Banks must be approved mitigation banking.’’ highway program. under the federal guidance on mitiga- In his testimony, he said, ‘‘It’s a The amendment is not a mandate. It tion banking. unique win-win proposition. It’s great provides only that mitigation banking In addition to benefiting the environ- for landowners because it makes the is the preferred alternative for mitigat- ment, use of mitigation banks will save permitting process simpler and easi- ing wetlands impacts where there is a federal highway dollars that can be er. . . . It’s great for the environment bank in the area of the highway made available for more highway con- because the consolidation of multiple project. struction. Experience has clearly dem- mitigation projects into a single, large The amendment is an incentive-based onstrated that private mitigation mitigation bank leads to greater envi- strategy for environmental protection bankers can restore high quality wet- ronmental benefit in terms of the en- that enjoys bipartisan support. Mem- lands at significantly less cost than hancement of wildlife habitat and the bers of Congress on both sides of the state departments of transportation, as improvement of local water quality aisle know that this is the only real my colleague from Missouri has point- and flood control.’’ way to achieve compliance. ed out. I will add that as a matter of policy, The amendment is sponsored by my This amendment is supported by the we have a great opportunity with miti- friends and colleagues Senators CHRIS- Corps of Engineers, EPA, the American gation banking to protect wetlands by TOPHER ‘‘KIT’’ BOND and JOHN BREAUX. Association of State Highway Trans- making wetlands protection a profit- Mitigation banking refers to a large portation Officials, and numerous state able private enterprise. wetlands restoration effort where a departments of transportation. Even This effort is supported by the Mis- ‘‘bank’’ of wetlands, usually 100 acres my own State of Mississippi believes souri and Ohio Departments of Trans- or more, is undertaken to compensate this is a smart environmental idea and portation and by AASHTO. Let me in advance for future wetlands losses a smart highway idea. quote for you a September 1997 letter from nearby development. The best It doesn’t surprise me that this from the Director of the Ohio Depart- sites for restoration of wetlands are amendment is sponsored by the Sen- ment of Transportation: often lands that used to be wetlands ator from Missouri, Mr. BOND, Senator ODOT’s costs for onsite mitigation have but were drained in order to plant BOND’s creative mind has produced an ranged as high as $150,000 per acre, when cost crops. Mitigation bankers take a num- innovative answer to this thorny envi- of design, real estate, construction and miti- ber of steps, such as breaking up drain- ronmental policy. All Americans know gation monitoring are combined. These costs age tiles, in order to reintroduce water the value of wetlands and recognize the are not out of line with the high-end costs to the site. Sometimes mitigation contributions of an effective transpor- experienced by many other DOTs around the bankers replant native species, but tation infrastructure. Mr. BOND has country. Our lowest costs for onsite mitiga- often existing seed banks revegetate tion have generally exceeded $35,000 per acre. found a way to balance the problems The cost of banking, in our experience, has the land naturally once the water has and provide a smart solution. ranged from around $10,000 to $12,000 per acre been restored. Before long, a large, Mr. BOND has provided a win-win so- and includes all of the above cited cost fac- fully functioning wetlands ecosystem lution. His amendment encourages the tors. This equates to about one-quarter the has been reestablished. Under federal investment of private sector resources cost of our average onsite mitigation. guidelines, ‘‘credits’’ are generated and technology in wetlands restora- The States of Florida and Illinois, in based on the acreage and quality of the tion. It establishes a policy that re- the Chicago area, have already had a restored wetlands. The credits may wards doing the right thing for the en- similar experience. then be sold to those who must restore vironment. I congratulate the Senator This savings is significant and it can wetlands to make up for those they for his foresight, good judgment, and be achieved because of specialization have been allowed to disturb in order leadership. and economies of scale. As a result, to build their school, office park, or I am also not surprised to see the less federal highway money is spent on other nearby project. Senator from Louisiana, Mr. BREAUX, mitigating impacts to wetlands, and In the context of highway construc- joining Senator BOND in sponsoring more federal highway money is made tion, mitigation banking works as fol- this amendment. I citizens of Louisi- available for highway construction. lows: a state department of transpor- ana know what wetlands are because Many agree that mitigation banks, tation building a highway project that most of their state is classified as one. approved in accordance with Adminis- affects wetlands near a mitigation They know this type of public policy is tration guidance, will have a greater bank may buy credits from the mitiga- a smart way to do highway business. I long term rate of success in protecting tion bank. The state DOT fulfills its also commend my friend from Louisi- wetlands because: (1) they are in the mitigation requirement by purchasing ana for his leadership on this amend- business of wetlands protection and sufficient credits from the bank to off- ment. have the expertise; (2) banks are easier set the loss of wetlands from the Mr. President, in closing, this is an to regulate and be held accountable; project, and the bank sponsor assumes excellent amendment that will save and (3) because there is more time and full responsibility for maintaining the federal highway dollars, benefit the en- flexibility for a bank to identify and restored wetlands site. vironment, and allow federal highway procure high quality wetlands. Of course, the current federal high- projects to go forward more quickly I appreciate the assistance of the way program already allows federal and with more certainty. It has my chairman, Senator CHAFEE, and Sen- funds to be used to mitigate adverse ef- strong support, and deserves that of my ator BAUCUS with this amendment. fects on wetlands caused by highway colleagues. Again, this is good for the environ- construction. But small, isolated, on- Mr. CHAFEE addressed the Chair. ment and the efficiencies will permit site mitigation projects are expensive The PRESIDING OFFICER (Mr. more of our precious highway dollars and costly to maintain given the many BROWNBACK). The Senator from Rhode to be spent on highways. I urge the small wetlands affected by a typical Island. adoption of this bipartisan amendment. new highway project. In contrast, miti- Mr. CHAFEE. Mr. President, I com- I yield the floor. gation banks consolidate small, iso- mend the Senator from Missouri for Mr. LOTT. Mr. President, I wish to lated wetlands mitigation efforts into this amendment. It is an excellent one. express my support for an amendment large, high quality, diverse wetlands What it will do is have a wetland of a to the Federal highway bill that is sim- habitat. As a result, mitigation banks larger size than would be under normal ple and straightforward. provide greater environmental benefits conditions. When they do damage to a The amendment improves the envi- than piecemeal mitigation. wetland, they create a new wetland ronment and it saves federal highway The Bond-Breaux amendment pro- next to the highway. To have it in the dollars—two worthy goals. vides simply that mitigation banking so-called mitigation bank is a far supe- The amendment establishes a pref- will be the preferred alternative for rior way of operating, and I commend erence for the use of wetlands mitiga- wetlands mitigation efforts paid for the Senator. tion banks to offset impacts to wet- with federal highway money where The amendment will improve the lands caused by the construction of there is a bank in the area of a high- mitigation that is done to offset the S1150 CONGRESSIONAL RECORD — SENATE February 27, 1998 loss and degradation of wetlands as a been my privilege to cosponsor the pro- THE IRAQI CRISIS result of highway projects. We have posal with the Senator from Missouri, Mr. GRAMS. Mr. President, I rise suffered unacceptable wetlands losses— Senator BOND, and to continue our today to express my hope that the more than half of the estimated 220 work together on wetlands-related agreement reached by Secretary Annan million acres that existed when the na- issues. in Iraq results in the end of a conflict tion was founded have been lost. I express my deepest appreciation to that has plagued the international Transportation has unintended but the Majority Leader, Senator LOTT, community over the past seven years— negative consequences on the nation’s and to the Committee Chairman and the failure of Saddam Hussein to live wetlands. The original ISTEA recog- Ranking Member, Senator CHAFEE and up to the terms that he agreed to fol- nized this by establishing wetlands Senator BAUCUS, for their support. I lowing the invasion of Kuwait and his mitigation as an eligible expense of a also look forward to working with defeat in the Gulf War. State’s highway construction funds. them on this issue as the intermodal If Saddam has truly experienced a Mitigation banking is an innovative surface transportation bill advances change of heart and has decided to concept that allows a person who wish- through Congress. abandon the production and conceal- es to fill a wetlands to compensate for The Bond-Breaux amendment pro- ment of weapons of mass destruction, that loss by obtaining credits rep- poses to establish a reasonable, respon- this agreement is a milestone; if this is resenting positive wetlands function sible wetlands and natural habitat just one more ploy to evade the de- generated at a nearby site. It is the mitigation policy as part of the federal struction of his arsenal, then we re- perfect example of a forward-looking aid highway program. main on course for a showdown with environmental policy that offers more Our language says that mitigation Iraq. bang for the buck. banking shall be the preferred means, We all know Saddam Hussein’s With respect to highway construc- to the maximum extent practicable, to record. He invaded the sovereign na- tion, mitigation banking offers several mitigate for wetlands or natural habi- tion of Kuwait. He used chemical weap- potential advantages over on-site, indi- tat which are affected as part of a fed- ons against Iran and against his own vidual mitigation. A mitigation bank, eral-aid highway project and whose people. He used women and children as unlike on-site mitigation, can consoli- mitigation is paid for with federal human shields to protect himself and date wetlands compensation where it is funds. his weapons of mass destruction. He is most ecologically beneficial. Moreover, both a coward and a menace—and that The amendment establishes three mitigation banking helps to achieve is a dangerous combination. criteria which are to be met in order to the goal of ‘‘no net loss’’ of the Na- At this time it is impossible to judge use a mitigation bank: first, the af- tion’s wetlands by providing additional whether this deal will truly permit the fected wetlands or natural habitat are opportunities to compensate for im- UN weapons inspectors full and unfet- to be in a bank’s service area; second, pacted wetlands. So I thank Senators tered access. UNSCOM inspectors have the bank has to have enough credits BOND and BREAUX again for their work always insisted that they need to be available to offset the impact; and on this. able to follow a trail wherever it leads third, the bank has to meet federally- We are prepared to accept the amend- them. They are not seeking access to a approved standards. ment. certain category of sites—they just Mr. BAUCUS addressed the Chair. The Bond-Breaux amendment does need freedom to track the evidence. If The PRESIDING OFFICER. The Sen- not mandate the use of mitigation this agreement permits them to do this ator from Montana. banks nor does it say they shall be the and allows them to use whatever tech- Mr. BAUCUS. Mr. President, we all sole means or the only method used to niques are necessary, then the agree- want to protect wetlands, and we know mitigate for wetlands or natural habi- ment is a step forward. The inspectors when highways are constructed that tat affected by a federal-aid highway do not seal off buildings because they wetlands are often in jeopardy. It is in project. are ‘‘cowboys,’’ they do it because the the law that when a highway is con- Mitigation banks can offer advan- Iraqi’s were moving equipment out the structed which does jeopardize a wet- tages when built and operated respon- back door as they entered the front. land, an offset must be provided for; sibly, including achieving economies of It would have been prudent for the that is, the developer or the contractor scale and providing larger, higher-qual- Administration to have studied the has to find some other way to enhance ity diverse habitat. plan, and clarified the details before it or improve the wetland. Again, I’m pleased to join with Sen- offered its support. But, as is the case This is another step in that direc- ator BOND in sponsoring the amend- with the lack of information to the tion. It is a step toward greater effi- ment, pleased that it has been accepted Senate on the Administration’s plan to ciency, namely, where someone may as part of S. 1173, and appreciative of bomb Iraq, prudence was apparently enhance, develop a wetland, get credit the support extended for it by Senator too much to expect. for it, and the contractor comes along LOTT, Senator CHAFEE and Senator While I am reserving judgment on and goes to the bank which already has BAUCUS. the Secretary General’s agreement the credit for the wetland. It is a much Thank you, Mr. President. until the terms have been thoroughly more efficient process for getting the Mr. CHAFEE. Mr. President, again, I explained, one positive immediate ef- job done. I compliment the Senator thank the Senator from Missouri. I see fect is that it has created a pause in from Missouri for coming up with this no other individual prepared to offer an the crisis. The Congress has a respon- idea. We accept the amendment. amendment. I urge Senators to come to sibility to the American people, and es- Mr. CHAFEE. Mr. President, I urge the floor. I suggest the absence of a pecially the men and women serving in the adoption of the amendment. quorum. our armed forces, to ensure that the The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Administration has clear objectives further debate? If not, the question is clerk will call the roll. and a coherent policy in regard to Iraq. on agreeing to the amendment. The use of air strikes against Iraq may The assistant legislative clerk pro- The amendment (No. 1677) was agreed have been averted in this instance, but ceeded to call the roll. to. given Saddam’s track record of lies and Mr. BOND. Mr. President, I move to Mr. GRAMS. Mr. President, I ask deceit, I do not believe that this is the reconsider the vote by which the unanimous consent that the order for last time that we will be forced as a na- amendment was agreed to. the quorum call be rescinded. tion to confront him. Mr. CHAFEE. I move to lay that mo- The PRESIDING OFFICER. Without We all witnessed the Administra- tion on the table. objection, it is so ordered. tion’s public relations offensive with The motion to lay on the table was Mr. GRAMS. Mr. President, I ask Cabinet officials holding town hall agreed to. that I be allowed to speak out of order meetings around the country to build Mr. BREAUX. Mr. President, I thank for 20 minutes. public support for limited air strikes. the Senate for accepting the Bond- The PRESIDING OFFICER. Without Through these forums it has become Breaux amendment to S. 1173. It has objection, it is so ordered. painfully clear that the Administration February 27, 1998 CONGRESSIONAL RECORD — SENATE S1151 refuses—or perhaps more disturb- This brings us to the question of egy. It is a cop-out for poor planning ingly—cannot consistently answer four what happens after the bombing stops? and the lack of a comprehensive policy basic questions: (1) What are the Ad- The only proven way to effectively toward Iraq. ministration’s goals; (2) how will lim- eliminate Iraq’s chemical and biologi- How often can we bomb without mo- ited air strikes achieve those objec- cal weapons capacity is to have inspec- bilizing Muslim nations to stand by the tives; (3) what happens after the bomb- tors on the ground. As President Clin- people of Iraq? How often can we bomb ing stops; and (4) what is our endgame? ton remarked in an address last week without some form of retaliation from First the Administration told us that to the Joint Chiefs of Staff, UNSCOM Iraq against our allies in the region, if the goal of the United States was to inspectors, not against the United States itself? allow UNSCOM inspectors full and un- have uncovered and destroyed more weapons This Administration talks in terms of fettered access to suspected storage of mass destruction capacity than was de- limited strikes, but in war we must sites for chemical and biological weap- stroyed during the Gulf War . . . [including] take into account the ‘‘law of unin- ons. Then we were told that it was to 40,000 chemical weapons, more than 100,000 tended consequences,’’ and the threat make sure that Saddam would not be gallons of chemical weapons agents, 48 oper- of a regional conflict should not be dis- ational missiles, 30 warheads specifically missed. able to ‘‘reconstitute’’ his nuclear, fitted for chemical and biological weapons, chemical and biological weapons pro- Which brings us to the subject of an and a massive biological weapons facility at endgame. When air strikes appeared duction capabilities. But the Adminis- Al Hakam equipped to produce anthrax and imminent, I called Secretary General tration has failed to explain to the other deadly agents. Kofi Annan and urged him to person- American people how air strikes will But 17 tons of biological growth ally pursue a diplomatic solution. And achieve these objectives. agents, 600 tons of VX precursors and I asked him at that time whether he After a round of briefings in the Sen- 4,000 tons of other chemical precursors had a message he would like to convey ate with Administration officials, the remain unaccounted for. Iraq could to the Senate. He responded that we only thing that is clear is what US air have produced 200 tons of VX alone should think through the endgame— strikes are not going to accomplish: with this missing material. If, follow- what we will do after a military strike they will not eliminate Iraq’s stock- ing the air strikes, Saddam denies per- if we proceed to bomb Iraq. That is, I piles of chemical and biological weap- mission for UNSCOM to conduct in- ons; they will not eliminate Iraq’s ca- believe, sound advice. spections, or if UNSCOM finds that it The Administration claims that it pability to produce weapons of mass is not safe to proceed following the air has a long-term strategy in Iraq—a destruction; and they will not remove strikes, then US actions will have jeop- strategy of containment. But I fail to Iraq’s rulers, who persist on a course of ardized international security, not en- see any connection between the Admin- action which threatens international hanced it. istration’s short-term strategy of lim- security and the welfare of their own Furthermore, limited air strikes may ited air strikes and its stated long- people. extend rather than contain Saddam’s term goal of containing Saddam Hus- The Administration’s plan for ‘‘sub- power and influence in the region. We sein. As I said earlier, the best way to stantial’’ air strikes—which I suppose only have to look at the fact that the contain Saddam is to have weapons in- falls somewhere between ‘‘pinprick’’ states most threatened by Saddam— spectors on the ground. Even when and ‘‘massive’’ attacks—may delay the Arab nations in proximity to Iraq, they are being impeded, their very Saddam’s capability to deliver weapons with the exception of Kuwait—are not presence makes it impossible for Sad- of mass destruction. Of course, many of supporting US military action. Even dam to engage in large-scale produc- the buildings where biological weapons Saudi Arabia, which we protected tion of weapons of mass destruction. are produced and stored are dual-use against invasion during the Gulf War, The Administration’s proposed use of facilities—like hospitals and vaccine and our NATO ally Turkey have re- air strikes is therefore inconsistent laboratories. There is also a danger fused the use of air bases. with its stated long-term strategy of that uncontrolled explosions of storage The Arab nations are acting accord- containment. facilities could result in the release of ing to their own self-interest. They re- Now, the Administration has stated toxic substances. So it is not a ques- alize that Saddam is a threat to their that there are no good options for ac- tion of whether we are able to destroy national security, but they also recog- tion against Iraq—and I agree. How- these targets, but whether the result- nize that limited US air strikes which ever, one of the reasons why there are ing deaths of Iraqi civilians would fail to depose Saddam could leave them no good options is the failure of this prove counterproductive to our goals. in an even more precarious position. Administration to make an all-out ef- In addition, Saddam has been playing The states neighboring Iraq have le- fort over the past seven years to re- a shell-game with chemical and bio- gitimate concerns that they could be move Saddam from power by establish- logical weapons stockpiles. As General destabilized if their populations rally ing a power base for an alternative Zinni, commander-in-chief of the US around Saddam, who would be seen as Iraqi government. Surely, this is an ef- central command acknowledged in De- a hero for standing up to the West. fort which could have secured allies in cember, ‘‘we do not have a good sense Saddam could gain further sympathy the region. of what he has and where he has it’’; from those disaffected populations by According to news reports, by the and we do not know the location of mo- opting out of the oil-for-food program. end of 1996, both of the CIA’s covert op- bile missile sites. The entire sanctions regime could erations programs had been obliter- Unfortunately, Saddam does not need crumble, and Saddam could continue to ated. One effort to recruit Iraqi offi- a huge production capacity or weapons increase his weapons program unfet- cers, to try to provoke a military coup stockpile to remain a threat. As a Feb- tered by multilateral sanctions. Efforts was apparently infiltrated by Iraqi ruary 15 article in London’s Sunday to promote democracy in the region double agents, and at least 100 officers Telegraph noted, recent investigations would be jeopardized. Terrorism could were executed by Saddam for cooperat- of a tiny leak of anthrax from a Soviet be increased and exported to the ing with Americans. Another effort to facility in 1979 have documented 77 United States. back the Iraqi National Congress in deaths, with animals killed up to 30 President Clinton asked a rhetorical northern Iraq was abandoned by the US miles away, even though less than a question in his speech last week at the government and thousands were gram of anthrax escaped. Pentagon: ‘‘What if he (Saddam) fails slaughtered when they mounted an of- Even if the Administration allows to comply, and we fail to act?’’ Well, I fensive against Saddam Hussein. the military to conduct a comprehen- have a question for President Clinton, An article in the February 15 Los An- sive air campaign which cripples what if our air strikes only strengthen geles Times noted that the CIA team Saddam’s ability to produce weapons of Saddam’s power and eliminate any that was on the ground when the offen- mass destruction, it is highly unlikely chance of finding and destroying his sive started was recalled to the US that air strikes will result in UNSCOM weapons of mass destruction? when the acting Director of the CIA inspectors being given unfettered ac- Administration officials have glibly asked the FBI to conduct a criminal in- cess to suspect sites or will enhance answered that we will just bomb again. vestigation as to whether five CIA offi- our ability to contain Saddam. That is not a policy; that is not a strat- cers involved in covert operations in S1152 CONGRESSIONAL RECORD — SENATE February 27, 1998 Iraq were plotting to kill Saddam— Mr. President, in an excellent speech former Warsaw Pact states of Poland, charges, by the way, that were later on the situation in Iraq, Senator ROB- Hungary, and the Czech Republic. Our dropped. Now this had a chilling effect ERTS of Kansas cited the words uttered decision on this matter will set the on covert activity in Iraq, raising con- 30 years ago by Senator Richard Rus- structure for security in Europe and cerns as to whether this Administra- sell, the Chairman of the Armed Serv- the American role in it for years, per- tion is serious about getting rid of Sad- ices Committee during the Vietnam haps decades, to come. dam Hussein. War. I think that it is appropriate for I would like to commend the distin- I do not support Congressional efforts me to once again repeat those words on guished Chairmen of the Committee on to overturn the Executive Order forbid- the Senate floor. He said: Armed Services and the Committee on ding the assassination of foreign lead- I for one am not afraid of the old fashioned Foreign Relations for the thorough and ers. However, there is sufficient flexi- term, victory. We hear a great deal about thoughtful hearings they have held on bility for covert operations to succeed limited wars, but I would point out that this matter. However, in my discus- in removing Saddam from power and there is no such thing as a limit on actual sions with a number of Senators, par- those efforts must be promoted. combat in which our men our engaged. While ticularly those who, like myself, are As I stated before, I am pleased that it is a sound policy to have limited objec- not members of those committees, it is Secretary General Annan succeeded in tives, we should not expose our men to un- clear that many Senators have only reaching an agreement with Saddam necessary hazards in pursuing them. begun to focus on the many inter- Hussein. Even if this agreement And Senator Russell also made the related issues that touch upon the mat- unravels, it has afforded Congress an following pledge: ter of NATO expansion. Indeed, some of opportunity to debate the Administra- As for me, my fellow Americans, I shall the issues—our relations with our al- tion’s policy toward Iraq. never knowingly support a policy of sending lies, relations with the Russians, the We must demand that the Adminis- even a single American boy overseas to risk implications for weapons proliferation, tration come forward with a clear ex- his life in combat unless the entire civilian our policy toward Iraq—are shifting population and wealth of our country—all planation of its strategy and tactics. every day. We must condemn the Administration that we have and all that we are—is to bear a commensurate responsibility in giving him For example, this week the distin- for refusing to give a codeword briefing the fullest support and protection of which guished Majority Leader spoke force- to Senators on targeting strategy— we are capable. fully about his misgivings about the only later did we read an outline of It is inconsistent with our history, tradi- agreement reached between U.N. Sec- this strategy on the front page of The tion and fundamental principles to commit retary General Kofi Annan and the New York Times. American boys on far flung battlefields if we Saddam Hussein regime in Iraq. Our As pressure to bomb Iraq was mount- are to follow policies that deny them full entire policy in the region has been put ing, I remained convinced that further support because we are afraid of increasing on hold. It is well known that both diplomatic efforts should be explored. the risk of those who stay at home. It is a confession of moral weakness on the France, a key NATO ally, and Russia, There seemed to be a ‘‘rush to bomb.’’ the obvious object of NATO expansion, As I said earlier, I called Secretary part of this country not to take any steps that are necessary to fully diminish the strongly welcome this outcome. Will General Annan before the Administra- fighting power of our enemies.’ Saddam Hussein live up to this agree- tion agreed to his trip and asked him Mr. President, I urge my colleagues ment? Many of us consider it unlikely. to go to Baghdad and speak to Saddam. Will the United States return to the I let Ambassador Richardson know and the Administration to hear those military option in a few weeks or that I would support a solution allow- words—they have as much relevance months? I don’t think any of us really ing representatives of the permanent today as when they were first uttered yet know that. How will the Iraq crisis, members of the Security Council ac- in this chamber. what ever its outcome, affect our rela- company UNSCOM inspectors, as long I yield the floor. tions with both our allies and Russia? as UNSCOM was not impeded or com- Mr. CHAFEE. I suggest the absence We do not yet know the impact of the promised in any way. of a quorum. While I applaud the Secretary Gen- The PRESIDING OFFICER. The realities of these events. How will the eral’s initiative, I have been appalled clerk will call the roll. outcome affect the larger task of stem- by the failure of the UN as an organiza- The legislative clerk proceeded to ming the proliferation of nuclear, tion, and the Security Council in par- call the roll. chemical, and biological weapons and ticular, to support enforcement of the Mr. CRAIG. Mr. President, I ask missile technology? We do not yet UN resolutions. It is the greatest of unanimous consent that the order for know. Not knowing the answers to ironies that this Administration is the quorum call be rescinded. these questions, are we prepared to sending American men and women to The PRESIDING OFFICER (Mr. make an irreversible decision on NATO risk their lives to uphold UN Resolu- BOND). Without objection, it is so or- expansion? I think not—at least not tion 687. This is a UN Security Council dered. yet. Resolution, but three out of the five Mr. CRAIG. Mr. President, I ask In considering the implications just permanent members oppose the use of unanimous consent I be allowed to pro- of the Iraq crisis, I bring to my col- force. France is more concerned with ceed as in morning business for up to 15 leagues’ attention an op-ed by Mr. being able to sell Iraqi oil, China wants minutes. Thomas L. Friedman that appeared in to buy the oil, and Russia seeks to be The PRESIDING OFFICER. Without the New York Times on February 17, paid the $6 billion it is owed by Iraq. objection, it is so ordered. before the Annan/Hussein deal. Mr. Only Britain is standing by the United f Friedman wrote: The U.S. should be doing everything it can States. NATO EXPANSION There may come a time when the to work with Russia, not only on Iraq but to United States has to use force against Mr. CRAIG. Mr. President, today I shrink Russia’s own nuclear arsenal, which Iraq to protect our national security. come to the floor of the Senate to visit is the greatest proliferation threat in the with my colleagues about NATO and world today. Attention shoppers: Russia has We cannot subcontract our national se- thousands of weapons of mass destruction. It curity policy to the United Nations. NATO expansion. has hundreds of unemployed or under- When, and if, that time comes, I hope Of all the responsibilities the Senate employed nuclear scientists. And it has only that this Administration will let our is called upon to exercise under our the loosest controls over its nukes and nu- armed forces do its job without one constitutional system, none is more clear materials, and it has a signed nuclear hand tied behind its back. And we momentous—and, in most cases, as ir- arms reduction treaty with the U.S. that has should send a clear message to the revocable—as our advice and consent not been implemented. But instead of deal- ‘‘Butcher of Baghdad’’: If chemical or to the ratification of treaties and trea- ing with this problem, the Clintonites are ty revisions. One of the treaty ques- making it worse. They are expanding NATO biological weapons are used anywhere to counter a threat that doesn’t exist—a in the world, and there is even the tions the Senate will be facing in the Russian invasion of Europe—and thus under- most tenuous link to Iraq, the full near future is whether the North At- mining America’s ability to work with Rus- force of the United States will be used lantic Treaty—the NATO alliance— sia on the threat that does exist—Russia’s against him. should be modified to include the loose nukes. ‘‘Halting the proliferation of February 27, 1998 CONGRESSIONAL RECORD — SENATE S1153 nuclear materials, missiles and technology is liament to stall its ratification of the Start It would be a big mistake if the United clearly our number-one foreign policy chal- 2 nuclear arms reduction treaty, which States was offended by Russian policy to- lenge since the breakup of the Soviet Em- would shrink Russian and U.S. nuclear arse- ward Iraq or another country . . . Russia’s pire,’’ says former Senator Sam Nunn, who nals from around 7,000 apiece to 3,500 apiece. policy toward Iraq is not only Russia’s pol- was the expert in the Senate on this issue. That’s 3,500 fewer Russian nukes pointed at icy—we coincide with many other countries, ‘‘But because it is number one, we should us. But the deal has been frozen by NATO ex- including U.S. allies . . . The problem is be measuring all other policies by how they pansion. If the Clinton team loses the Start whether Russia is considered part of the At- affect proliferation. Not only does NATO ex- 2 treaty, in order to add the Czechs to NATO, lantic community or not. pansion not help us deal with Russia on the it will go down as one of the greatest blun- Now remember, I am quoting the issue, it is counterproductive.’’ ders in the history of U.S. foreign policy: Madeleine’s folly. Russian chairman of the Committee on Mr. President, I ask unanimous con- International Affairs of the Duma. sent to have Mr. Friedman’s essay be As Mr. Matlock notes, the more we expand NATO, ‘‘the less willing Russia’s Ministry of He says, again: printed in the RECORD. Atomic Energy is to work with us on cooper- The problem is whether Russia is consid- There being no objection, the essay ative measures’’ to keep its atomic scientists ered part of the Atlantic community or not. was ordered to be printed in the constructively employed—so they don’t end Russia will have to decide how it is being RECORD, as follows: up in Iraq and Iran—and the less willing Rus- considered—as an equal partner or as an out- FOREIGN AFFAIRS; MADELEINE’S FOLLY sia’s military is to let us in to help it better sider. NATO enlargement is isolating Russia. (By Thomas L. Friedman) control and destroy its nuclear materials. What is the choice for us? Only to be an out- Moreover, if Ms. Albright is serious about With a U.S. bombing of Iraq now increas- sider. extending NATO to the Baltic States, the ingly likely, the question being raised by He also goes on to say: only way NATO can possibly defend them is those uneasy with such a strike is: What is with nukes. Baltic membership in NATO Not a hostile outsider, but still an out- the endgame? Is America just throwing its will, therefore, only encourage Russia to sider. It is a danger. We will become strong- weight around to punish Saddam Hussein? continue altering its defense doctrine—mov- er, and we are still a nuclear power. It is a The answer is really very simple. It comes danger to us and a danger to you— down to two words: weapons proliferation. If ing to a greater reliance on nuclear weapons Iraq—already a repeat user of poison gas—is for defense, on more of a hair trigger, be- Meaning the United States. able to snub its nose at the U.N. weapons in- cause the closer NATO gets to Russia’s bor- A few years ago there was the idea of part- spectors, then the world’s ability to fight the der the less warning time Moscow will have. nership, now there is a strong hesitation in proliferation of weapons of mass destruction But don’t worry, sleep well, Latvia will be in the United States. elsewhere would be fundamentally com- NATO. Mr. President, that’s the linkage you The Clintonites are rightly ready to go to promised. Libya and its friends would all be war with Iraq to halt the spread of weapons are missing, that’s the linkage many of less afraid to develop germ weapons and in the Middle East. But their expansion of us are concerned about as it relates to nukes. We would all end up in a much more NATO will only increase the threat of pro- current policy. dangerous world. That’s why Saddam has to liferation in Russia—where there are a lot The point here, as I have noted at be stopped. more weapons, under a lot less control, and But it is precisely because stemming weap- some length, is just one ongoing aspect all pointed at us. ons proliferation should be the centerpiece of of this very complex issue which we U.S. foreign policy in the post-cold-war era Mr. CRAIG. Mr. President, in the have hardly begun to assess. This is that the Clinton Administration’s policy of same vein, one of our colleagues, the just one aspect, but there are others, NATO expansion is so stupid. The U.S. distinguished Senator from New Hamp- no less troublesome, which I will only should be doing everything it can to work shire, Mr. GREGG, made the same point mention briefly. with Russia, not only on Iraq but to shrink on the floor February 12, and I thought The Baltic States: What is the nature Russia’s own nuclear arsenal, which is the it was worth noting, especially because of our commitment to admit these greatest proliferation threat in the world it came, again, before the Annan-Hus- States? What are the ramifications? today. Attention shoppers: Russia has thou- Our European partners: Why are we sands of weapons of mass destruction. It has sein agreement: hundreds of unemployed or underemployed But in the area of Russia, for example, this so passive to our allies’ bald insistence nuclear scientists. And it has only the administration appears to think that they that they intend to bear very little of loosest controls over its nukes and nuclear can go to the [Russians] and demand that the costs of expansion? As our distin- materials, and it has a signed nuclear arms Russia follow our policies in Iraq and insist guished former colleagues Howard reduction treaty with the U.S. that has not on their support on Iraq, but at the same Baker and Sam Nunn raised the matter been implemented. time this administration proposes an expan- sion of NATO. You have to recognize, if you in their recent essay in the New York But instead of dealing with this problem, Times: the Clintonites are making it worse. They were a Russian leader, you would find a cer- are expanding NATO to counter a threat that tain irony in a request that was coupled in Advocates and skeptics of NATO enlarge- doesn’t exist—a Russian invasion of Eu- that terminology. Because, of course, an ex- ment alike agree that the transformation of rope—and thus undermining America’s abil- pansion of NATO, especially to Poland, is an Europe’s security structure should be related ity to work with Russia on the threat that expansion that can only be viewed in Russia to the transformation of the economy. As does exist—Russia’s loose nukes. with some concern and possibly viewed by James Baker, the former Secretary of State, ‘‘Halting the proliferation of nuclear mate- some as an outright threat . . . So you can has testified, European Union membership rials, missiles and technology is clearly our understand that Russia might view a push to ‘‘is just as important as membership in number-one foreign policy challenge since expand NATO at the same time as we are NATO for the countries involved,’’ and ‘‘we the breakup of the Soviet Empire,’’ says asking them to support us in Iraq as being must make clear that NATO membership for former Senator Sam Nunn, who was the ex- inconsistent and a bit ironic. And it reflects, the countries of Central Europe is not a sub- pert in the Senate on this issue. ‘‘But be- unfortunately, I think, this administration’s stitute for closer economic ties to the Euro- cause it is number one, we should be measur- failure to understand the linkage—and link- pean Union.’’ ing all other policies by how they affect pro- age is the right term—between working with So then, why are we taking the first liferation. Not only does NATO expansion a nation like Russia and our capacity to do step in a reintegration that is not pri- not help us deal with Russia on this issue, it things in the Middle East and moving for- ward with the NATO expansion at the exact marily a question of security—since is counterproductive.’’ there is no credible threat—while our The Clinton team has never had an inte- same time. Yet, if you were to listen to the grated foreign policy. It treats Iraq and leadership of this administration, they will European allies, who together have NATO expansion as if they were totally dis- tell you that there is no relationship, they greater resources to help their neigh- connected. One day Secretary of State have no overlap on those two issues. Of bors than the United States, continue Albright gives a speech telling Russia that course, that is just not true, and that is one to play what can only be said to be a NATO is moving right up to the Baltic-Rus- of the main reasons we are having problems secondary role? sian border. The next day she complains that with Russia [today]. The ‘‘New NATO’’: Republicans, in Russia isn’t being helpful on Iraq. Gosh, I In case anyone in this country has particular, should be very concerned wonder why not? missed it, the Russians have not. They about the words of President Clinton ‘‘Thanks to NATO expansion, we have con- understand the linkage, even if the vinced the Russian political elite that they upon signing of the Founding Act in Clinton administration does not seem May of 1997. He says: are not our partner and that their security is to understand it. On February 24, not as important to us as the security of the We are building a new NATO. It will re- Czechs,’’ says Jack Matlock, President Rea- Vladimir Lukin, Moscow’s former Am- main the strongest alliance in history, with gan’s Ambassador to Moscow. bassador to the United States and now smaller, more flexible forces, prepared to We are already paying a price for this. the chairman of the Duma’s Committee provide for our defense, but also trained for NATO expansion has prompted Russia’s Par- on International Affairs, commented: peacekeeping. S1154 CONGRESSIONAL RECORD — SENATE February 27, 1998 As we know, peacekeeping, in some comments by saying that this is a mat- PRIVILEGE OF THE FLOOR people’s eyes, can be considered offen- ter to which many of the Senators have Mr. CHAFEE. Mr. President, I ask sive actions. not given very thorough consideration, unanimous consent that Ms. Cheryle I go on to quote: and I think that is accurate. I cer- Tucker, a detailee from the Depart- It will work closely with other nations tainly fall into that category. ment of Transportation who is working that share our hopes and values and interests I am not on either of the major com- with my staff, be given floor privileges through the Partnership for Peace. It will be mittees that deal with the expansion of during the ISTEA debate. an alliance directed no longer against a hos- NATO. Like all Senators, I am busy The PRESIDING OFFICER. Without tile bloc of nations, but instead designed to with this or that. It seems to me very objection, it is so ordered. advance the security of every democracy in wise that we all give this matter some Mr. CHAFEE. Mr. President, I ask Europe—NATO’s old members, new members thorough consideration. It is my under- and nonmembers alike. unanimous consent that Christopher standing that the majority leader is Prins, a fellow with Senator Mr. President, I certainly hope this anxious to bring up the NATO expan- LIEBERMAN’s office, be granted floor doesn’t mean what it sounds like it sion legislation quite soon. privileges during the consideration of means—the end of NATO as a defensive I just want to say, speaking for just the ISTEA legislation, S. 1173. alliance and its transformation into a this Senator, I certainly haven’t con- The PRESIDING OFFICER. Without regional peacekeeping organization. centrated on it. I look forward to read- objection, it is so ordered. Will the ‘‘new NATO’’ exist to protect ing the op-ed piece—I believe it was an Mr. CHAFEE. Mr. President, I sug- its members—or to engage in many op-ed piece—that Senator Baker and gest the absence of a quorum. Bosnia-like missions all over Central others worked on. The PRESIDING OFFICER. The and Eastern Europe? All I can say is, I am grateful for the clerk will call the roll. Now let me speak briefly of costs. To comments that the Senator from Idaho The assistant legislative clerk pro- say the least, there is a great deal of made, because it is wise for all of us— ceeded to call the roll. skepticism over the question of how I personally haven’t made up my mind Mr. THOMAS. Mr. President, I ask much this is going to cost the Amer- on this. I am astonished that I haven’t unanimous consent that the order for ican taxpayer and whether the very been lobbied, not that my vote is a key the quorum call be rescinded. low estimates now being given by the vote on it, but on this matter, the The PRESIDING OFFICER. Without administration are, in any way, credi- former Senator from New Hampshire objection, it is so ordered. ble. I note that we have not even begun came by to see me. He is very con- Mr. THOMAS. Mr. President, I ask to discuss how much of the costs accru- cerned. I am speaking of Senator Hum- unanimous consent I be allowed to ing to the new allies will end up being phrey, a former Senator from New speak for about 12 minutes as in morn- billed to the United States. For exam- Hampshire. He is very concerned about ing business. ple, in May of 1997, ABC News quoted the expansion of NATO. I think he pre- The PRESIDING OFFICER. Without the American Ambassador to Hungary sented some good arguments on it. Per- objection, it is so ordered. to the effect that the American share haps he has also spoken with the Sen- PRIVILEGE OF THE FLOOR of buying new planes for the Hungarian ator from Idaho. Mr. THOMAS. I also ask unanimous Force ‘‘will be perhaps 20 percent to 25 Again, I thank the Senator for his consent that the privilege of the floor percent’’ of the cost of that ‘‘at most.’’ thoughts. be extended to Steve Shackelton, a How about 30 percent or how about 40 Mr. CRAIG. Will the Senator yield? Mr. CHAFEE. I certainly will. detailee on my staff from the U.S. Park percent? We don’t know. That hasn’t Service, during my statement today. been negotiated. But what this admin- Mr. CRAIG. I thank the chairman for those comments. One of the measure- The PRESIDING OFFICER. Without istration is saying is that we will play objection, it is so ordered. a substantial role in the diversity of ments I always use on issues of this gravity and importance, and especially Mr. THOMAS. Mr. President, I thank military equipment for these new part- the Chair. ners in NATO. if I do not know a great deal about them, is when there are men and (The remarks of Mr. THOMAS pertain- So how much is the real cost? And, ing to the introduction of S. 1693 are again, shouldn’t we know before we are women on both sides of the issue whom I respect, it demands that I begin to re- located in today’s RECORD under asked to vote? ‘‘Statements on Introduced Bills and In closing, Mr. President, let me em- view it in great detail. That is what I am hearing from the Senator, that Joint Resolutions.’’) phasize that I do not believe we are yet f ready in this Senate to give this mat- when you have the likes of Howard ter the full debate that it deserves and Baker, and a former Secretary of MORNING BUSINESS State, and you have Sam Nunn and a that we must hear on this issue. If we Mr. THOMAS. Mr. President, I ask good many others on the other side of had to vote on NATO expansion on the unanimous consent that there now be a the issue who are certainly knowledge- basis of the information we now have, period for morning business with Sen- able, I think it is time for the Senate I would vote no, and I know that there ators permitted to speak therein for up to focus and for our colleagues to begin are many others in this body who to 10 minutes each. to try to deal with this issue, and that would vote no. The PRESIDING OFFICER. Without is why I am here. I thank the Senator I look forward to a full, detailed and objection, it is so ordered. for his comments. lengthy debate on the issue at the ap- f propriate time. The appropriate time is Mr. CHAFEE. Mr. President, I sug- when the Senate is fully knowledgeable gest the absence of a quorum. ANNA TREBIL’S 100TH BIRTHDAY The PRESIDING OFFICER. The on the issue of NATO expansion as they Mr. DASCHLE. Mr. President, I want clerk will call the roll. take up one of their most important The assistant legislative clerk pro- to take a few moments to recognize a constitutional responsibilities: the ad- ceeded to call the roll. very special constituent of mine, Anna vice and consent on these critical Mr. CHAFEE. Mr. President, I ask Trebil. Today—Friday, February 27, issues. I yield the floor. unanimous consent that the order for 1998—is Anna’s 100th birthday. Mr. CHAFEE addressed the Chair. the quorum call be rescinded. Born and raised in Sanborn County, The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER (Mr. South Dakota, Anna is a true South ator from Rhode Island. FRIST). Without objection, it is so or- Dakotan. She is a pioneer and a valued Mr. CHAFEE. Mr. President, I ask dered. community member. She has lived her unanimous consent to speak as in f entire life in the state and currently morning business for 10 minutes. resides in Mitchell, South Dakota. The PRESIDING OFFICER. Without INTERMODAL SURFACE TRANS- Having never spent a day of her life in objection, it is so ordered. PORTATION EFFICIENCY ACT OF the hospital, Anna has been blessed Mr. CHAFEE. Mr. President, I com- 1997 with outstanding health which has con- mend the Senator from Idaho for his The Senate continued with the con- tributed greatly to her strong and en- thoughtful comments. He started his sideration of the bill. during spirit. February 27, 1998 CONGRESSIONAL RECORD — SENATE S1155 I join her children, her 7 grand- By Mr. GORTON: (4) for more than a century, the Govern- children, her great grandchild and her S. 1691. A bill to provide for Indian legal re- ment of the United States and the States many friends in wishing Anna Trebil a form, and for other purposes; to the Commit- have dramatically scaled back the doctrine tee on Indian Affairs. very happy 100th birthday. of sovereign immunity without impairing By Mr. NICKLES (for himself, Mr. BAU- their dignity, sovereignty, or ability to con- f CUS, Mrs. HUTCHISON, and Mr. MUR- duct valid government policies; KOWSKI): (5) the only remaining governments in the THE VERY BAD DEBT BOXSCORE S. 1692. A bill to amend the Internal Reve- United States that maintain and assert the Mr. HELMS. Mr. President, at the nue Code of 1986 to provide software trade se- full scope of immunity from lawsuits are In- close of business yesterday, Thursday, crets protection; to the Committee on Fi- dian tribal governments; nance. February 26, 1998, the Federal debt (6) according to the 1990 decennial census By Mr. THOMAS (for himself and Mr. conducted by the Bureau of the Census, near- stood at $5,525,033,799,622.62 (Five tril- ABRAHAM): ly half of the individuals residing on Indian lion, five hundred twenty-five billion, S. 1693. A bill to renew, reform, reinvigo- reservations are non-Indian; thirty-three million, seven hundred rate, and protect the National Park System; (7) for the non-Indian individuals referred ninety-nine thousand, six hundred to the Committee on Energy and Natural Re- to in paragraph (6) and the thousands of peo- twenty-two dollars and sixty-two sources. ple of the United States, Indian and non-In- cents). f dian, who interact with tribal governments everyday, the rights to due process and legal One year ago, February 26, 1997, the SUBMISSION OF CONCURRENT AND Federal debt stood at $5,345,590,000,000 remedy are constantly at risk because of SENATE RESOLUTIONS tribal immunity; (Five trillion, three hundred forty-five The following concurrent resolutions (8) by providing a complete shield from billion, five hundred ninety million). legal claims, the doctrine of sovereign im- Five years ago, February 26, 1993, the and Senate resolutions were read, and referred (or acted upon), as indicated: munity frustrates justice and provokes so- Federal debt stood at $4,197,003,000,000 cial tensions and turmoil inimical to social (Four trillion, one hundred ninety- By Mr. MOYNIHAN (for himself, Mr. peace; seven billion, three million). D’AMATO, Mr. KENNEDY, Mr. (9) the Supreme Court has affirmed that TORRICELLI, Mr. HOLLINGS, Mr. ROBB, Ten years ago, February 26, 1988, the Congress has clear and undoubted constitu- Mr. SANTORUM, Mr. KYL, Mr. AKAKA, Federal debt stood at $2,473,373,000,000 tional authority to define, limit, or waive Mr. LIEBERMAN, Mr. ALLARD, Mr. the immunity of Indian tribes; and (Two trillion, four hundred seventy- COCHRAN, Mr. GRAHAM, Mr. GRASS- (10) it is necessary to address the issue re- three billion, three hundred seventy- LEY, Mr. WYDEN, Mr. FAIRCLOTH, Mrs. ferred to in paragraph (9) in order to— three million). MURRAY, Mr. KOHL, Mr. MACK, Ms. (A) secure the rights provided under the Twenty-five years ago, February 26, MIKULSKI, Mr. CRAIG, Mr. BURNS, Mr. Constitution for all persons; and 1973, the Federal debt stood at BROWNBACK, Mr. DODD, Mr. DORGAN, (B) uphold the principle that no govern- $453,599,000,000 (Four hundred fifty- Mr. ROCKEFELLER, Mr. SMITH of Or- ment should be above the law. egon, Mr. HATCH, Mr. LAUTENBERG, three billion, five hundred ninety-nine (c) PURPOSE.—The purpose of this Act is to Mr. REID, Mr. COVERDELL, Mr. ENZI, assist in ensuring due process and legal million) which reflects a debt increase Mr. GRAMM, Mr. KEMPTHORNE, Mr. rights throughout the United States and to of more than $5 trillion— HELMS, Mr. BAUCUS, Ms. COLLINS, and strengthen the rule of law by making Indian $5,071,404,799,622.62 (Five trillion, sev- Mr. COATS): tribal governments subject to judicial review enty-one billion, four hundred four mil- S. Res. 186. A resolution expressing the with respect to certain civil matters. lion, seven hundred ninety-nine thou- sense of the Senate regarding Israeli mem- SEC. 2. DEFINITIONS. sand, six hundred twenty-two dollars bership in a United Nations regional group; In this Act: to the Committee on Foreign Relations. and sixty-two cents) during the past 25 (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ years. f means any Indian tribe or band with a gov- STATEMENTS ON INTRODUCED erning body duly recognized by the Sec- f retary of the Interior. BILLS AND JOINT RESOLUTIONS MESSAGES FROM THE HOUSE (2) TRIBAL IMMUNITY.—The term ‘‘tribal By Mr. GORTON: immunity’’ means the immunity of an In- At 12:12 p.m., a message from the S. 1691. A bill to provide for Indian dian tribe from jurisdiction of the courts, ju- House of Representatives, delivered by legal reform, and for other purposes; to dicial review of an action of that Indian Mr. Hays, one of its reading clerks, an- the Committee on Indian Affairs. tribe, and other remedies. SEC. 3. COLLECTION OF STATE TAXES. nounced that the House has passed the AMERICAN INDIAN EQUAL JUSTICE ACT Section 1362 of title 28, United States Code, following bill, with amendments, in Mr. GORTON. Mr. President, I intro- which it requests the concurrence of is amended— duce the American Indian Equal Jus- (1) by inserting ‘‘(a)’’ before ‘‘The district the Senate: tice Act and ask unanimous consent courts’’; S. 493. An act to amend section 1029 of title that the full text of the bill be printed (2) by inserting ‘‘(referred to in this section 18, United States Code, with respect to cel- in the RECORD. as an ‘Indian tribe’)’’ after ‘‘Interior’’; and lular telephone cloning paraphernalia. There being no objection, the bill was (3) by adding at the end the following: ‘‘(b)(1) An Indian tribe, tribal corporation, f ordered to be printed in the RECORD, as or member of an Indian tribe, shall collect, follows: MEASURES REFERRED and remit to a State, any excise, use, or S. 1691 sales tax imposed by the State on nonmem- The following bill was referred to the Be it enacted by the Senate and House of Rep- bers of the Indian tribe as a consequence of Committee on Rules and Administra- resentatives of the United States of America in the purchase of goods or services by the non- tion on February 26, 1998, following the Congress assembled, member from the Indian tribe, tribal cor- adoption of the motion to proceed to SECTION 1. SHORT TITLE; FINDINGS; PURPOSE. poration, or member. the bill (S. 1173) to authorize funds for (a) SHORT TITLE.—This Act may be cited as ‘‘(2) A State may bring an action in a dis- construction of highways, for highway the ‘‘American Indian Equal Justice Act’’. trict court of the United States to enforce safety programs, and for mass transit (b) FINDINGS.—Congress finds that— the requirements under paragraph (1). ‘‘(3) To the extent necessary to enforce this programs, and for other purposes: (1) a universal principle of simple justice and accountable government requires that subsection with respect to an Indian tribe, S. 1663. A bill to protect individuals from all persons be afforded legal remedies for vio- tribal corporation, or member of an Indian having their money involuntarily collected lations of their legal rights; tribe, the tribal immunity of that Indian and used for politics by a corporation or (2) the fifth amendment of the Constitu- tribe, tribal corporation, or member is labor organization. tion builds upon that principle by guarantee- waived.’’. f ing that ‘‘. . . no person shall be deprived of SEC. 4. INDIAN TRIBES AS DEFENDANTS. life, liberty, or property without due process (a) PROVISIONS TO PARALLEL THE PROVI- INTRODUCTION OF BILLS AND of law’’; SIONS THAT ARE POPULARLY KNOWN AS THE JOINT RESOLUTIONS (3) sovereign immunity, a legal doctrine TUCKER ACT.—Section 1362 of title 28, United that has its origins in feudal England when States Code, as amended by section 3, is fur- The following bills and joint resolu- it was policy that the ‘‘King could do no ther amended by adding at the end the fol- tions were introduced, read the first wrong’’, affronts that principle and is incom- lowing: and second time by unanimous con- patible with the rule of law in democratic so- ‘‘(c)(1) The district courts of the United sent, and referred as indicated: ciety; States shall have original jurisdiction in any S1156 CONGRESSIONAL RECORD — SENATE February 27, 1998 civil action or claim against an Indian tribe, trate, compromise, or settle any claim cog- S. 1692. A bill to amend the Internal with respect to which the matter in con- nizable under section 1362(d). Revenue Code of 1986 to provide soft- troversy arises under the Constitution, laws, ‘‘§ 2694. Exceptions; waiver ware trade secrets protection; to the or treaties of the United States. ‘‘(a) The provisions of this chapter and sec- Committee on Finance. ‘‘(2) The district courts shall have jurisdic- tion 1362(d) shall not apply to any case relat- SOFTWARE TRADE SECRETS PROTECTION ACT tion of any civil action or claim against an ing to a controversy relating to membership Indian tribe for liquidated or unliquidated in an Indian tribe. Mr. NICKLES. Mr. President, recent damages for cases not sounding in tort that ‘‘(b) With respect to an Indian tribe, to the Congressional oversight of the Internal involve any contract made by the governing extent necessary to carry out this chapter, Revenue Service has revealed an agen- body of the Indian tribe or on behalf of an In- the tribal immunity (as that term is defined cy which has virtually limitless power dian tribe. in section 2 of the American Indian Equal ‘‘(d) Subject to the provisions of chapter to enforce the tax code. One aspect of Justice Act) of that Indian tribe is waived.’’. this power is the ability of the IRS to 171A, the district courts shall have jurisdic- (b) CLERICAL AMENDMENT.—The table of tion of civil actions in claims against an In- chapters for title 28, United States Code, is use its summons authority to force dian tribe for money damages, accruing on amended by inserting after the item relating taxpayers to turn over books, papers, or after the date of enactment of the Amer- to chapter 171 the following: records, or other data in the course of ican Indian Equal Justice Act for injury or ‘‘171A. Indian Tort Claims Procedure 2691’’. an audit. loss of property, personal injury, or death Recently, the IRS has started to use caused by the negligent or wrongful act or SEC. 6. INDIAN TRIBES AS DEFENDANTS IN omission of an Indian tribe under cir- STATE COURTS. its administrative summons power to cumstances in which the Indian tribe, if a (a) CONSENT TO SUIT IN STATE COURT.—Con- gain access to the source code for com- private individual or corporation would be sent is hereby given to institute a civil cause puter software products. Source code liable to the claimant in accordance with the of action against an Indian tribe in a court for software is a human-readable form law of the State where the act or omission of general jurisdiction of the State, on a of computer language written by soft- claim arising within the State, including a occurred. ware programmers, and it contains all ‘‘(e) To the extent necessary to enforce claim arising on an Indian reservation or In- dian country, in any case in which the cause the ‘‘tricks of the trade’’ which a pro- this section, the tribal immunity (as that grammer uses to ultimately make the term is defined in section 2 of the American of action— Indian Equal Justice Act) of the Indian tribe (1) arises under Federal law or the law of a software product do its job. After a (as that term is defined in such section 2) in- State; and programmer writes the source code, it volved is waived.’’. (2) relates to— is ‘‘compiled’’ into machine-readable (A) tort claims; or SEC. 5. TORT CLAIMS PROCEDURE. form called executable code or object (B) claims for cases not sounding in tort code. If the software is being sold or (a) IN GENERAL.—Part 6 of title 28, United that involve any contract made by the gov- States Code, is amended by inserting after erning body of an Indian tribe or on behalf of otherwise distributed to customers, the chapter 171 the following: an Indian tribe. executable code is copied onto disk- ‘‘CHAPTER 171A—INDIAN TORT CLAIMS (b) TORT CLAIMS.—In any action brought in ettes or CD–ROM’s for the customers’ PROCEDURE a State court for a tort claim against an In- use. ‘‘Sec. dian tribe, that Indian tribe shall be liable to The IRS has used its summons power ‘‘2691. Definitions. the same extent as a private individual or to obtain computer software source ‘‘2692. Liability of Indian tribes. corporation under like circumstances, but code in several different audit situa- shall not be liable for interest prior to judg- ‘‘2693. Compromise. tions. The IRS has sought the source ‘‘2694. Exceptions; waiver. ment or for punitive damages. (c) FEDERAL CONSENT.—Notwithstanding code for the software used to produce ‘‘§ 2691. Definitions the provisions of the Act of August 15, 1953 the tax return from the vendor of the ‘‘In this chapter: (67 Stat 588 et seq., chapter 505), section 1360 software. ‘‘(1)(A) Subject to subparagraph (B), the of title 28, United States Code, and sections The IRS has sought the source code term ‘employee of an Indian tribe’ includes— 401 through 404 of the Civil Rights Act of 1968 for a software product in connection ‘‘(i) an officer or employee of an Indian (25 U.S.C. 1321 through 1324) and section 406 tribe; and with a Section 482 transfer pricing of such Act (25 U.S.C. 1326) that require the audit with respect to a license for the ‘‘(ii) any person acting on behalf of an In- consent of an Indian tribe for a State to as- dian tribe in an official capacity, tempo- sume jurisdiction over matters of civil law, software product to a foreign subsidi- rarily or permanently, whether with or with- this section constitutes full and complete ary, and the IRS has summoned the out compensation (other than an employee consent by the United States for a State source code for software developed by a of the Federal Government or the govern- court to exercise jurisdiction over any claim computer service company in the ment of a State or political subdivision referred to in subsection (a). course of an audit of the firm’s re- thereof who is acting within the scope of the (d) REMOVAL.—An action brought under search and experimentation credit. The employment of that individual). this section— IRS has summoned the executable code ‘‘(B) The term includes an individual who (1) shall not be removable under section is employed by an Indian tribe to carry out 1441 of title 28, United States Code; and of taxpayer’s tax preparation software a self-determination contract (as that term (2) shall be considered to meet the require- in order to run ‘‘what-if’’ scenarios is defined in section 4(j) of the Indian Self- ments for an exception under section 1441(a) based on the taxpayer’s records during Determination and Education Assistance Act of title 28, United States Code. an audit. (25 U.S.C. 450b(j))). SEC. 7. INDIAN CIVIL RIGHTS. The primary problem with complying ‘‘(2) The term ‘Indian tribe’ means any In- Title II of the Civil Rights Act of 1968 with these summons is that, in each in- dian tribe or band with a governing body (commonly known as the ‘‘Indian Civil stance the IRS would need to hire an duly recognized by the Secretary of the Inte- Rights Act’’) (25 U.S.C. 1301 et seq.) is rior. outside consultant in order to make amended by adding at the end the following: any meaningful use of the source code. ‘‘§ 2692. Liability of Indian tribes ‘‘SEC. 204. ENFORCEMENT. Such outside consultants likely would ‘‘(a) An Indian tribe shall be liable, relat- ‘‘The district courts of the United States be competitors or potential competi- ing to tort claims, in the same manner and shall have jurisdiction in any civil rights ac- to the same extent, as a private individual or tion alleging a failure to comply with rights tors of the software company. A skilled corporation under like circumstances, but secured by the requirements under this title. computer programmer can discern the shall not be liable for interest before judg- With respect to an Indian tribe, to the extent software company’s trade secrets from ment or for punitive damages. necessary to enforce this title, the tribal im- an examination of the source code, ‘‘(b) In any case described in subsection (a) munity of that Indian tribe (as that term is whereas trade secrets cannot readily be in which a death was caused and the law of defined in section 2 of the American Indian discerned from an examination of the the State where the act or omission com- Equal Justice Act) is waived.’’. executable code. plained of occurred provides for punitive SEC. 8. APPLICABILITY. damages, the Indian tribe shall, in lieu of Further, problems can also arise This Act and the amendments made under when the IRS issues a summons to a being liable for punitive damages, be liable this Act shall apply to cases commenced for actual or compensatory damages result- against an Indian tribe on or after the date computer software company in connec- ing from that death to each person on behalf of enactment of this Act. tion with an audit of one of their cus- of whom action was brought. tomers. This requires the software pub- ‘‘§ 2693. Compromise By Mr. NICKLES (for himself, lisher to look through its own, not the ‘‘The governing body of an Indian tribe or Mr. BAUCUS, Mrs. HUTCHISON, taxpayer’s, voluminous records for the a designee of that governing body may arbi- and Mr. MURKOWSKI): relevant versions of the programs in February 27, 1998 CONGRESSIONAL RECORD — SENATE S1157 question. This can place an undue bur- quire special consideration. I believe to whom a summons for a portion, item, or den on the software publisher by re- Congressional hearings have shown component of computer software source code quiring their key technical personnel what the IRS can and will do if its is issued shall be deemed to have complied to be diverted from their regular work power is unrestrained. The Software with such summons by producing a hard- copy printout of such code. to help with the tax audit of a cus- Trade Secrets Protection Act creates tomer. good, common-sense restrictions on ‘‘(b) PROTECTION OF TRADE SECRETS AND Finally, if the IRS is allowed to use that power. OTHER CONFIDENTIAL INFORMATION.— ‘‘(1) ENTRY OF PROTECTIVE ORDER.—In any a taxpayer’s tax preparation software I look forward to working with my colleagues on the Senate Finance Com- court proceeding to enforce a summons for and records to run ‘‘what-if’’ scenarios any portion of software, the court may re- during an audit, the taxpayer will be mittee to include this legislation in ceive evidence and issue any order necessary forced to justify a tax return they did IRS reform legislation this year. to prevent undue burdens or the disclosure of not file. Mr. President, I ask unanimous con- trade secrets or other confidential informa- In several of these situations, Mr. sent that additional material be print- tion with respect to such software, including President, the owner of the computer ed in the RECORD. providing that any information be placed software source code has objected to There being no objection, the mate- under seal to be opened only as directed by the summons in order to protect their rial was ordered to be printed in the the court. ‘‘(2) PROTECTION OF SOFTWARE.—Notwith- trade secrets. Unfortunately, because RECORD, as follows: S. 1692 standing any other provision of this section, the IRS summons authority is so and in addition to any protections ordered Be it enacted by the Senate and House of Rep- broad, the courts have been con- pursuant to paragraph (1), in the case of soft- resentatives of the United States of America in strained to side with the IRS in most Congress assembled, ware that comes into the possession or con- trol of the Secretary in the course of any ex- cases, leaving computer software com- SECTION 1. SHORT TITLE. amination with respect to any taxpayer— panies with inadequate protection for This Act may be cited as the ‘‘Software their trade secrets. Trade Secrets Protection Act’’. ‘‘(A) the software may be examined only in connection with the examination of such Perhaps a better way to explain the SEC. 2. SOFTWARE TRADE SECRETS PROTEC- taxpayer’s return, issue, Mr. President, is with the follow- TION. (a) IN GENERAL.—Subchapter A of chapter ‘‘(B) the software may be disclosed only to ing analogy. Imagine that during an persons conducting such examination whose audit of the Coca-Cola Company, the 78 of the Internal Revenue Code of 1986 (re- lating to examination and inspection) is duties or responsibilities require access to IRS issues a summons for the secret amended by redesignating section 7612 as the software, recipe for Coke. Even though the IRS section 7613 and by inserting after 7611 the ‘‘(C) the software shall be maintained in a can see the Coke, taste it, and read the following: secure area or place, and, in the case of com- ingredients on the side of the can, they ‘‘SEC. 7612. SPECIAL PROCEDURES FOR SUM- puter software source code and related docu- still insist on examining the secret rec- MONSES FOR COMPUTER SOFT- ments, shall not be removed from the own- WARE. er’s place of business, ipe. Now, imagine further than the IRS ‘‘(a) LIMITATION ON AUTHORITY TO REQUIRE ‘‘(D) the software may not be copied except admits that since they employ no one PRODUCTION OF COMPUTER SOFTWARE SOURCE as necessary to perform such examination, with expertise in this area, they will CODE.— ‘‘(E) at the end of the examination (and have to contract with experts from ‘‘(1) IN GENERAL.—No summons may be any judicial review of the summons issued Pepsi to examine Coke’s secret recipe. issued under this title, and the Secretary under this section), the software and all cop- This is the dilemma facing the com- may not begin any action under section 7604 ies thereof shall be returned to the person puter software industry. to enforce any summons, to produce or ex- from whom they were obtained and any cop- For these reasons, Mr. President, I amine any computer software source code or ies thereof made under subparagraph (D) on related customer communications, and am introducing the Software Trade Se- the hard drive of a machine or other mass training materials. storage device shall be permanently deleted crets Protection Act. This legislation ‘‘(2) EXCEPTION WHERE INFORMATION NOT and any notes or other memoranda made is similar to a bill introduced in the OTHERWISE AVAILABLE TO VERIFY CORRECT- with regard to such software shall be de- House of Representatives by Congress- NESS OF ITEM ON RETURN.—Paragraph (1) stroyed, man SAM JOHNSON, and the section 344 shall not apply to any portion, item, or com- ‘‘(F) the software may not be decompiled, of H.R. 2676, the House-passed IRS re- ponent of computer software source code if— disassembled, or reverse engineered, and form bill. ‘‘(A) the Secretary, without examining the ‘‘(G) the Secretary shall provide to the tax- The Software Trade Secrets Protec- computer software source code, is unable to payer and the owner of any interest in such tion Act provides a general prohibition otherwise ascertain with reasonable accu- software, as the case may be, a written racy the correctness of any item on a return on the IRS using summons authority agreement between the Secretary and any after employing auditing procedures and person who will examine or otherwise have to obtain computer software source practices otherwise used pursuant to this access to such software, in which such per- code. The bill then sets out three ex- title, son agrees— ceptions to the general prohibition: (1) ‘‘(B) the Secretary identifies with reason- ‘‘(i) not to disclose such software to any cases where the Secretary can dem- able specificity the portion, item, or compo- person other than authorized employees or onstrate need, (2) criminal investiga- nent of such code needed to verify the cor- agents of the Secretary during and after em- tions, and (3) internally developed soft- rectness of such item on the return, and ployment by the Secretary, and ware where competitive issues are not ‘‘(C) the Secretary demonstrates that with ‘‘(ii) not to compete with the owner of the respect to the issue under examination the implicated. software for a period of 2 years after disclo- need for the portion, item, or component of sure to such person of such software. In the first exception, the Secretary the computer software source code requested has the burden of showing that the ‘‘The owner of any interest in the software outweighs the burdens of production imposed shall be considered a party to any agreement need for the source code outweighs the on the summoned person and the risks of dis- described in subparagraph (G). burdens placed on the summoned per- closure of trade secrets. ‘‘(c) COMPLIANCE WITH SUMMONS FOR CER- son and the danger that its trade se- ‘‘(3) OTHER EXCEPTIONS.—Paragraph (1) shall not apply to— TAIN COMPUTER SOFTWARE EXECUTABLE crets might be exposed. The bill further CODE.—Any taxpayer to whom is issued a provides a series of protections for both ‘‘(A) any inquiry into any offense con- nected with the administration or enforce- summons for commercially available com- source code and executable code if it is ment of the internal revenue laws, and puter software executable code used to pre- eventually examined by the IRS, in- ‘‘(B) any computer software developed by pare such taxpayer’s return or to account for cluding provisions intended to prevent the taxpayer or a related person (within the the taxpayer’s transactions with others shall the IRS from using a taxpayer’s soft- meaning of section 267 or 707(b)) for internal be deemed to have complied with such sum- ware and data to run ‘‘what-if’’ sce- use by the taxpayer or such person and not mons by producing a read-only version of narios during an audit. for commercial purposes. such code. Mr. President, the U.S. software in- ‘‘(4) ENFORCEMENT PROCEEDING.—In any ‘‘(d) DEFINITIONS.—For purposes of this sec- dustry leads the world in the develop- proceeding brought under section 7604 to en- tion— ment of innovative products and cut- force a summons issued under this section, ‘‘(1) SOFTWARE.—The term ‘software’ in- the court shall hold a hearing to determine cludes computer software source code and ting-edge technology. They are one of whether the Secretary has met the require- computer software executable code. the fastest growing and most competi- ments of paragraph (2). ‘‘(2) COMPUTER SOFTWARE SOURCE CODE.— tive industries in the nation, and their ‘‘(5) COMPLIANCE WITH SUMMONS FOR COM- The term ‘computer software source code’ products are unique and ofttimes re- PUTER SOFTWARE SOURCE CODE.—Any person means— S1158 CONGRESSIONAL RECORD — SENATE February 27, 1998 ‘‘(A) the code written by a programmer is unparalleled, especially given advances in tion alleged to be a trade secret is generally using a programming language which is com- computer and communications technology. known or available, and (2) whether the prehensible to appropriately trained persons, Computer software products undergo near- trade secret owner takes affirmative steps to is not machine readable, and is not capable ly continuous change. Many times, it is not safeguard the confidentiality of the informa- of directly being used to give instructions to possible to match a particular version of a tion. a computer, and product in the hands of a customer with a Trade secret owners may protect informa- ‘‘(B) related programmers’ notes, design discrete source code version. Software com- tion from unauthorized disclosures by enter- documents, memoranda, and similar docu- panies continually revise their products and ing into contracts with those to whom the mentation, excluding customer communica- issue new versions. Within a particular ver- confidential information is disclosed. Such tions and training materials. sion, companies frequently issue updates and contracts typically take two forms. First, a ‘‘(3) COMPUTER SOFTWARE EXECUTABLE corrections after a product is released. These trade secret owner may require such a per- CODE.—The term ‘computer software execut- interim changes must first be made to the son to enter into a ‘‘nondisclosure agree- able code’ means— source code before the machine-readable ver- ment’’ under which the individual promises ‘‘(A) any object code, machine code, or sions are released. Software companies make not to disclose or use trade secret informa- other code readable by a computer when such bug-fixes and patches available to their tion without first obtaining the permission loaded into its memory and used directly by customers, but typically the vendor does not of the owner. such computer to execute instructions, and know whether the customer has installed The second type of contract is a post-em- ‘‘(B) any related user manuals.’’. them or not. ployment ‘‘non-competition agreement.’’ (b) UNAUTHORIZED DISCLOSURE OF SOFT- Summonses issued to third-party record Under this type of contract, an employee or WARE.—Section 7213 of the Internal Revenue keepers typically require the recordkeeper outside consultant agrees not to compete Code of 1986 (relating to unauthorized disclo- to identify and turn over to the IRS docu- with the present employer or client or be- sure of information) is amended by redesig- ments regarding the taxpayer’s financial come employed by a competitor of the em- nating subsection (d) as subsection (e) and by transactions. By contrast, a summons for ployer or client after termination of the cur- inserting after subsection (c) the following: source code could require a software pub- rent relationship. Both types of agreements are widely used ‘‘(d) DISCLOSURE OF SOFTWARE.—Any per- lisher to look through its own, not the tax- in the software industry to protect trade se- son who divulges or makes known in any payer’s, voluminous records for the relevant crets that might exist in software source manner whatever not provided under section versions of the programs in question. Fur- code. 7612 to any other person software (as defined ther, this would require programmers to di- in section 7612(d)(1)) shall be guilty of a fel- vert attention from programming to search 3. IRC SECTION 6103 ony and, upon conviction thereof, shall be for the summoned code. Merely complying Internal Revenue Code Section 6103 gen- fined not more than $5,000, or imprisoned not with a summons for source code could cause erally prohibits Internal Revenue Service more than 5 years, or both, together with the competitive damage to a software company employees from disclosing tax returns and costs of prosecution.’’. because key technical personnel will be di- ‘‘tax return information.’’ the United States (c) CONFORMING AMENDMENT.—The table of verted to help with the tax audit of a cus- and its agents can be held liable for improper sections for subchapter A of chapter 78 of the tomer. This could be especially damaging to disclosures of tax returns and tax return in- Internal Revenue Code of 1986 is amended by small or medium-sized companies. formation. See I.R.C. Sec. 7431. However, striking the item relating to section 7612 and Section 6103 does not protect software source by inserting the following: 2. TRADE SECRET LAW code regardless of whether it is owned by the ‘‘Sec. 7612. Special procedures for summonses The law of trade secrets provides an effec- taxpayer or a third-party software vendor. for computer software. tive and efficient method to protect commer- Section 6103 expressly excludes from the def- ‘‘Sec. 7613. Cross references.’’. cially sensitive and important business in- inition of ‘‘return information’’ ‘‘data which (d) EFFECTIVE DATE.—The amendments formation. For many companies the law of is in a form which cannot be associated with made by this section shall take effect on the trade secrets is the method of choice for pro- or otherwise identify, directly or indirectly, date of enactment of this Act. tecting valuable business information. Trade a particular taxpayer.’’ Generally speaking, secret law arises from state law. Unlike pat- source code would not identify, either di- SOFTWARE TRADE SECRETS PROTECTION ACT— ent, copyright and trademark law there is no rectly or indirectly, the taxpayer and thus SECTION-BY-SECTION ANALYSIS federal scheme for trade secret protection. would not qualify as ‘‘return information.’’ 1. FACTUAL SCENARIOS The law of trade secrets, depending upon the In addition, were computer source code to Recently, the Internal Revenue Service has state, derives either from the common law or be treated as ‘‘return information,’’ Section started to use its administrative summons the Uniform Trade Secrets Act. A slight ma- 6103 contains numerous provisions that actu- power to gain access to the source code for jority of states use the uniform act. The ally authorize disclosure of return informa- computer software products. The use of the common law, as set forth in the Restatement tion. Section 6103(n) permits disclosure of re- summons power to compel production of of Torts, Sec. 757, defines a trade secret as turn information to IRS contractors working computer software source code has come up follows: on programming IRS computers. Thus, defin- in three situations. First, in connection with ‘‘A trade secret may consist of a formula, ing computer source code as ‘‘return infor- the audit of certain taxpayers under the Co- pattern, device or compilation of informa- mation’’ actually would expose it to disclo- ordinated Examination Program, the IRS tion which is used in one’s business, and sure to potential competitors of the software has sought the source code for the software which gives him an opportunity to obtain an owner. used to produce the tax return from the ven- advantage over competitors who do not 4. OVERVIEW OF THE BILL dor of the software. In other cases, IRS has know it or use it. It may be a formula for a The bill reflects the basic premise that the sought the source code for a software produc- chemical compound, a process of manufac- subject matter (computer software) is unique tion in connection with a Section 482 trans- turing, treating or preserving materials, a and justifies all relevant provisions being fer pricing audit. In the third class of cases, patter for a machine or other device, or a list collected in one section. The House bill, on IRS has summoned the source code for soft- of customers.’’ the other hand, attempts to address the ware developed by a computer service com- The Supreme Court has relied upon this problem by amending several code sections pany in the course of an audit of the firm’s definition to require that for information to in patchwork fashion. research and experimentation credit. In each constitute a trade secret, it must (1) be used The general rule of the bill is a blanket instance, the IRS has signaled its intention in one’s business, (2) provide a competitive prohibition on the IRS using the summons to hire outside consultants in order to make advantage, and (3) be secret. authority to obtain computer source code any meaningful use of the source code. Such Under the Uniform Trade Secrets Act (Sec. and related customer communications. It outside consultants likely would be competi- 1(4)), a trade secret is defined as follows: also prohibits a summons for training mate- tors or potential competitors of the software ‘‘trade secret means information, includ- rials. It then sets out three significant ex- company. ing a formula, pattern, compilation, device ceptions to the prohibition: (1) cases where The source code for computer software is method, technique, or process that: the Secretary can demonstrate need, (2) the human readable form prepared by soft- ‘‘(1) derives independent economic value, criminal investigations, and (3) cases involv- ware programmers. After the source code is actual or potential, from not being generally ing internally developed software where prepared, it is then ‘‘compiled’’ into ma- known to, and not readily ascertainable by competitive issues are not implicated. chine-readable form called executable code proper means by, other persons who can ob- Under the first exception, before a sum- or object code. The executable code is then tain economic value from its disclosure or mons can be issued for source code, the Sec- copied onto diskettes or CD–ROM’s for dis- use, and retary has the burden of demonstrating that tribution to customers. A skilled computer ‘‘(2) is the subject of efforts that are rea- the need for the source code outweighs the programmer can discern the software compa- sonable under the circumstances to maintain burdens placed on the summoned person and ny’s trade secrets from an examination of its secrecy.’’ the danger that its trade secrets might be the source code. Trade secrets cannot readily The cornerstone of both definitions, wheth- exposed. The bill also sets out a series of pro- be discerned from an examination of the exe- er common law or statutory, is that the in- tections for both source code and executable cutable code. formation must be kept secret. The standard code in the hands of the IRS. These protec- The ease of misappropriating software for secrecy for a trade secret comprises a tions are in lieu of whatever protections trade secrets and capitalizing on such secrets two-pronged test: (1) whether the informa- might be afforded by Section 6103. February 27, 1998 CONGRESSIONAL RECORD — SENATE S1159

5. DETAILED ANALYSIS evidence could be gleaned from the source to conditionally enforce IRS summonses. Section (a)(1): code. The Fifth Circuit and the Ninth Circuit hold This section establishes the general rule In assessing the burdens imposed on the that the court’s authority is limited and that no summons may be issued, and no en- owner of software in complying with a sum- may issue only two types of orders: (1) an forcement proceeding may be commenced, mons issued under this section, it is antici- order enforcing the summons in full, or (2) for computer software source code and relat- pated that the Secretary, and the courts, an order quashing the summons in full. In ed customer communications or training will focus on a variety of issues. The chief the Eighth Circuit, the courts have discre- materials. This general rule with respect to factor to consider is the degree of business tion to issue orders limiting the scope of the source code is subject to three exceptions. interruption that would be caused by compli- summons and can place restrictions on the Section (a)(2): ance with the summons. Other factors to Secretary’s use of information obtained with The first exception is for cases where the consider include: (1) whether the software a summons. With regard to summonses Secretary can establish that he cannot per- was initially developed by the current owner issued under this section, the district courts form an accurate audit without a review of of the software source code, (2) whether the are given express statutory authority to computer software source code. source code was developed by former employ- issue such orders that are necessary or ap- The provision for a needs-based test recog- ees, (3) the degree to which the source code propriate to prevent disclosures of trade se- nizes that questions may arise during an has changed since the software was first de- crets or other confidential information or to prevent undue hardship on the summoned audit that can only be answered with ref- veloped and (4) whether the software owner person. With respect to summonses issued erence to the source code. It is intended that itself has put into issue the use or content of under this section, United States v. Barrett, such a summons might be issued only as a the source code. 837 F.2d 1341 (5th Cir. 1988), is overruled. This last resort and only after traditional audit The danger of trade of trade secret disclo- provision has no effect on the authority of techniques have been exhausted. In these cir- sure exists anytime non-employees of the the district courts with regard to other types cumstances, it is contemplated that the trade secret owner are allowed access to con- fidential information. In weighting the risks of summonses. audit has become focused on a particular (2) Protection of Computer Software Code: issue or set of issues. The Secretary may of trade secret disclosure, a factor to con- sider is the ability to impose safeguards on The provisions of this subsection apply to have had access to an executable version of both source code and executable code in the the software loaded with the taxpayer’s fi- such disclosure, including the statutory pro- tections available under subsection (b) of possession of the IRS, and apply whether or nancial data. At some point in the audit, the not an enforcement proceeding is com- Secretary and the taxpayer may have been this section. Section (a)(3), Other Exceptions: menced. The provisions of this section are in unable to verify the correctness of the com- The general prohibition on issuing a sum- lieu of any protections that might be af- putation of an entry on the tax return under mons or computer source code does not apply forded or disclosures that might be per- audit. Further, in such a case, it is con- to a summons issued in furtherance of an in- mitted under Section 6103. These provisions templated that the Secretary will have quiry into any criminal offense or with re- are designed to: (1) limit the examination of asked the software publisher for assistance spect to software developed by the taxpayer computer software code by the Secretary, (2) in resolving this issue but been unable to ob- for its own internal use and not for commer- limit the number of IRS employees who tain a satisfactory answer. After the Sec- cial purposes. The exception for internal use might be permitted access to such computer retary has sufficiently identified the specific software is to be applied to situations where code, (3) ensure that no unauthorized copies item on the return for which source code is the taxpayer-developed software is used to are made, (4) require that all copies be re- sought a summons can be issued only for process the taxpayer’s own financial trans- turned or destroyed at the end of the audit, that portion of the source code that relates actions, provide internal accounting func- and (5) bind any person who might be ex- to the specific entry on the tax return. tions, or to prepare such taxpayer’s own tax posed to such computer software code to the In deciding whether a summons has been return. It is not to be applied to situations same or similar restrictions on disclosure properly issued, a balancing test is estab- where a taxpayer develops software that is and competition that might be imposed on lished in lieu of the current standard. Under used by it to provide a service to its unre- its employees by the owner of such computer current law, all that the Secretary needs to lated customers. software code. With regard to computer show is that the summoned material ‘‘might Section (a)(4), Enforcement proceedings: source code, the bill permits the owner of shed some light’’ on the accuracy of the tax Currently, the Secretary and the Court such code to insist that it not be removed return. See United States v. Powell, 379 U.S. 48 handle summons enforcement proceedings in from its business premises. Because the soft- (1964). This standard was developed well be- a summary fashion. Because the burden on ware publisher will not be in direct privity of fore the computer revolution and the pro- the Secretary is so low, the Secretary mere- contract with the IRS employee or outside liferation of software in the United States ly files the affidavit of the Revenue Agent consultant who will have access to such economy. It provides considerably less pro- conducting the affidavit. This shifts the bur- code, the provision treats such owner as if it tection that the standard applied by most den to the summoned person to show cause were a party to the agreement. Thus, the other federal agencies in similar cases. De- why the summons should not be enforced. software publisher will have statutory stand- spite having written administrative policies This burden is a heavy one and the sum- ing to directly enforce the terms of such acknowledging the importance of protecting moned person often is not allowed discovery agreements to prevent disclosures or uses of trade secrets, the Secretary has not, in prac- for evidence that bears on such issues. trade secrets obtained in the course of an ex- tice, honored those policies by showing ade- Any time the Secretary brings an action to amination. quate sensitivity to the legitimate concerns enforce a summons issued under this section, The list of protections in the bill is not in- of software publishers. the Court would be required to conduct a tended to be exhaustive. The Secretary and The bill replaces the Powell standard with hearing to determine whether the Secretary the trade secret owner may agree to other a new balancing test. To meet the balancing has met the requirements of paragraph (2). protective measures in a particular case. For test, the Secretary, and any court conduct- The courts shall allow the summoned party the avoidance of doubt, a district court in ing a review, must determine whether the to conduct discovery so that a proper defense fashioning a protective order is not limited need for the source code outweighs the bur- can be presented. When a summons is issued to the list of protective measures set forth in den on the owner of the source code in com- under this section for source code in the the statute. plying with the summons and the danger hands of a third-party software publisher, Sec. (b), Compliance with Summons for that its trade secrets might be exposed to a the summoned person ordinarily will have no Executable Code: competitor. independent knowledge of the facts and This section describes the circumstances The initial threshold requires that the Sec- issues surrounding the audit of the taxpayer. under which a taxpayer will be deemed to retary demonstrate some need for the por- The Court can enter such protective orders have complied with a summons issued for tion of the source code that is sought. To that are necessary to prevent widespread dis- certain computer software executable code. meet this test, the Secretary must show that closures of returns and return information. This section only applies to commercially he is unable to verify the correctness of the Section (a)(5), Compliance with Summons available computer software executable code item without a review of the source code. Or- for Source Code: that is used by the taxpayer to produce the dinarily, the audit process focuses on the A person in receipt of a summons for com- tax return under examination or accounting taxpayer’s financial records to determine puter software source code may comply with software that is used by the taxpayer to whether the tax return reflects a proper ap- such a summons by producing a hard copy process transactional data. A taxpayer will plication of the internal revenue laws to the printout of the portion of the source code be deemed to have satisfied a summons for facts. Importantly, traditional computer identified in the summons. If a person were such software upon production to the Sec- audit techniques used to verify data in an ef- required to produce a digital copy of source retary of a read-only version of such soft- ficient manner are a part of this process and code, the danger of multiple copies being ware or a run-time module containing data are not effected by the bill. Such a process generated and transmitted outside the own- files produced by such software. The Sec- does not require the source code for the soft- er’s premises is heightened. retary shall not be entitled to a fully execut- ware that might have been used to prepare Section (b), Other Protections: able version of such computer software exe- the return. However, in cases involving tax (1) Court Ordered Protections: Under cur- cutable code. However, the version of the issues related to software products, it is an- rent law, there is a split among the courts of computer software executable code provided ticipated that very little if any probative appeal over the authority of district courts by the taxpayer must allow the Secretary to S1160 CONGRESSIONAL RECORD — SENATE February 27, 1998 access such interim data files as might be If you have felt the Earth shake and rears. Another problem is the wear and produced by the fully executable software. experienced the thunder of Old Faithful tear on roads, bridges, campgrounds Such data files must be in a fully readable in Yellowstone or contemplated the pa- and other facilities, leaving critics to mode. Section (d), Definitions: triotic enigma at Gettysburg, you can observe that the parks have been The term ‘‘software’’ is defined to include well understand my passion for support ‘‘loved to death.’’ both computer software source code and of these areas so important to our na- As visiting populations grow, facili- computer software executable code. The gen- tional identity. The value of national ties that were often built decades ago eral prohibition on issuance of a summons parks is clearly one of the cultural con- cannot stand the strain. It has become applies only to a summons for computer soft- stants for Americans. As the chairman clear through our oversight process ware source code. The additional protections of the Subcommittee on National that park managers are hobbled in apply to summons for software which will in- Parks, I can tell you each and every their ability to assess the inventory of clude both source code and executable code. This section adopts the common defini- Senator needs to look at the perilous natural and cultural resources, prob- tions of source code and executable or ‘‘ob- state of the parks today and act with ably one of the primary functions of ject’’ code. me in developing some long-term solu- the park and the park management. ‘‘The source code for a computer program tions. The funding and cooperative cost shar- is the series of instructions to the computer The bill I introduce today, Vision ing have simply not existed to catalog for carrying out the various tasks that are 2020, the National Parks Restoration the resources that the parks must pro- performed by the program, expressed in a Act, is a result of a quite lengthy proc- tect. At a time when we need the best programming language which is easily com- ess of inquiry and of study. Over the prehensible to appropriately trained human from the Park Service managers, rang- beings. The source code serves two functions. last year, the subcommittee has had ers, maintenance, scientific and admin- First, it can be treated as comparable to text more than 15 park-related hearings. We istrative staff, we find there is less to material, and in that respect can be printed have spoken to dozens of park ex- offer them in terms of professional de- out, read and studied, and loaded into a com- perts—environmental groups and user velopment. puter’s memory, in much the same way that groups. We have listened to the sugges- Probably as serious as any of these documents are loaded into word processing tions as well as the criticisms from our conditions is the problem of the public equipment. Second, the source code can be colleagues and have attracted activity apathy. Don’t get me wrong, the Amer- used to cause the computer to execute the in the House. Our purpose is and was to program. To accomplish this, the source code icans truly like their parks. They love is ‘‘compiled.’’ This involves an automatic carefully review the state of national their parks. But as of yet, that has not process performed by the computer under the parks and to evaluate areas for im- really translated into a definitive call control of a program called a ‘‘compiler’’ provement within the agencies. for action from the Congress or the ad- which translates the source code into ‘‘ob- We have found that there is a system ministration. ject code’’ which is very difficult to com- of parks tremendously popular with In my local park of Yellowstone, prehend by human beings. The object code the public but afflicted by problems there has been some increase in appro- version of a program is then loaded into the that the public sometimes only vague- priations each year, but the required computer’s memory and causes the computer ly recognizes. Let me share some of the changes in terms of retirement, in to carry out the program function.’’—See, findings. Our system of national parks SAS Institute, Inc. v. S & H Computer Systems, terms of staffing and in terms of infla- Inc., 605 F. Supp. 816, 818 (M.D. Tenn. 1985). stands at 376 units, including over 83 tion have been more than eaten up in Machine language, on the other hand, million acres of the most treasured the increase in the appropriations to which is most commonly referred to as exe- landscapes and historical sites of our where the expendable income has, in cutable code or ‘‘object’’ code, is the only national possessions. The National fact, gone down. language that a computer can actually un- Park Service is charged by law with a Probably as serious as any of these derstand. All computer programs must be distinctly unique mission—to protect conditions, as I said, is public apathy. converted into machine language if the com- its natural and cultural resources I can tell you, the day is coming when puter is to be able to execute the instruc- unimpaired for the enjoyment of cur- tions in the program. Machine language is we will have increasing problems, and I usually a binary language using two sybols, rent and future generations. It is a hope that we will be ahead of that 0 and 1, to indicate an open or closed switch. charge and responsibility that is hard game. I propose we mobilize ourselves Theoretically, computer programs can be to handle in the best of times. In times to address these problems before we are written by programmers in machine lan- of fiscal constraint, that mandate re- in a crisis and have to close parks and guage, and at one point, they actually were. quires a broad range of innovative ap- take more costly measures. But it is extremely difficult for humans to proaches to get that job done. Each I continue to say if we are to have think and write operational instructions in year, over 250 million recreational these resources in the future for our the form of binary code. Section (b), Criminal Actions: users enjoy our parks. Our hearings re- kids and our future generations, then This section amends Section 7213 to pro- vealed that each year 12 million visi- we are going to have to do something vide that disclosures of the types of informa- tors are from foreign lands, with their soon, the sooner the better, in terms of tion dealt with under this section would be visitations contributing significantly, coming to a solution. If we continue to punishable in the same manner as disclo- of course, to America’s $22 billion do what we have been doing, we can’t sures of returns and return information. international travel trade surplus. This expect better results in the future. Effective date: The amendments made by this section explosive popularity directly stimu- So Vision 2020 provides a broad, sys- shall take effect on the date of enactment of lates over $10 billion in annual econo- tematic approach to addressing the this Act. mies locally and supports 230,000 tour- needs of the National Park Service. ism-related jobs. The restoration bill takes a broad ap- By Mr. THOMAS (for himself and However, the parks face many prob- proach, with 11 titles covering key Mr. ABRAHAM): lems. One of the most pressing prob- areas of concern. Vision 2020 will en- S. 1693. A bill to renew, reform, rein- lems facing the agency is the ‘‘thinning hance resource protection by extending vigorate, and protect the National of the blood,’’ explained in one of our the fee base that goes directly to park Park System; to the Committee on En- hearings by previous Park Service Di- programs. This will be accomplished by ergy and Natural Resources. rector Jim Ridenour. At the same expanding, extending and dedicating to VISION 2020 NATIONAL PARKS RESTORATION ACT time, new parks have been added to the the park increased demonstration Mr. THOMAS. Mr. President, there system without appropriations to care projects fees that were approved last are many issues in the Congress that for them. The agency has been saddled year and that have been in effect 1 divide us. We come from different with new responsibilities at the same year. We want to put them in all the areas. We come from different philoso- time the resources have not been avail- parks where it is practical and lawful phies. Today I come to the floor with a able for the parks already there. Col- to collect those fees. We now have bill that is an opportunity to come to- lectively, the shortfall between where them in about 100 parks out of 376 that gether collectively, introducing a bill the Park Service is and where it should can be expanded. on one of the uniquely American prior- be in terms of maintenance, construc- We need to harness the enthusiasm of ities that does, in fact, bind us to- tion, staffing and resource protection voluntarism, and also philanthropic do- gether—our national parks. is approximately $5 to $8 billion in ar- nations. Voluntarism is alive and well February 27, 1998 CONGRESSIONAL RECORD — SENATE S1161 in many parks. At Golden Gate Recre- some in the cost of maintaining parks. are going to seek to put into play, at ation Area, 8,400 residents of the Bay Hollywood will be asked to do their least as a demonstration program, a Area donate time each year to support part through a provision that ties film- bonding program where large parks the park in a variety of ways—volun- ing fees to a small percentage of the like Yosemite could have an oppor- teer time and philanthropic donations commercial production costs. You tunity to issue bonds of $10 million— can be improved by orders of mag- would be surprised how many movies and, in fact, that will be the limit for nitude to add to the solvency and ex- are made in parks. We think that is any park—to do some kind of facility pertise and the work power of parks. fine, but there ought to be some con- restructuring that can’t come out of We need to tap the power of individual tribution. We are not asking much annual budgets, direct a stream of re- donors for local causes. from Hollywood, but the American payment revenue from the demonstra- At our hearing in Denver, I learned public expects some return for the use tion project so that maybe over 5 or 10 the charitable contributions are most of those public facilities. years those bonds would be retired— successfully subscribed from individual We are developing a Passport to Ad- similar to what almost every govern- donors on a local basis, those that visit venture to garner members. A park ment agency does in the whole world or those that live, or those who are fa- ‘‘passport system’’ would be created when they have facilities to build. miliar with the park that is closest to featuring annually issued collectible This won’t be easy. It is not cus- them, where they can help monitor the stamps similar to the successful duck tomary for the Federal Government to direct results. As a result, we also ask stamp series, raising revenues which have bonding programs. It’s also, the National Park Foundation to de- would encourage people to contribute frankly, sometimes uncustomary for velop a formal program of orientation, something to their park; or perhaps a the Government to do anything they strengthening, guidance, and ongoing tax refund contribution. We thought haven’t been doing for a hundred years. assistance for park locales interested we would make it easy for people to So there will be some difficulty in in developing friends and groups that make a contribution, a unique oppor- causing that to happen. But we think are interested in supporting their local tunity for American taxpayers who it’s important, and we think it will be useful. park. There are many in almost every want to not only talk the talk but will, Basically, what we are seeking to do, park. We were in Gettysburg last week. as a result, have an option of dedicat- Mr. President, is to recognize how im- Gettysburg has several groups support- ing part of their tax refund to the Na- portant parks are, to recognize the dif- ive of their own park. tional Park Resource Protection pro- ficulty parks have had, and are con- We need to find ways to enhance the grams by simply checking it off on contribution of concessionaires. Park tinuing to have, in maintaining those their tax form. resources, to deal with some opportuni- funding levels will be directly en- Promoting agency professionalism. ties to supplement the taxpayers’ ap- hanced by asking the concessionaire to One title of the bill concentrates on propriation support for parks by hav- help to shoulder a more realistic por- the strategy for developing more exper- ing some outside methods of raising tion of the park’s expenses through a tise among National Park Service em- funds that can be used in the parks. fee structure that closely tracks their ployees. By the way, let me say that With those additional funds will go earnings in particular parks. At my experience personally with parks some requirements for additional and present, fee schedules vary widely. over the last year or two leads me to strengthened management, so that Face it, people do travel in parks. They believe or feel that there is a great deal there is accountability for how those do require lodging, meals and facilities. of loyalty among park agency employ- dollars are spent. There will be a vision Remember the purpose of the park? To ees. I don’t know of an agency in the plan over a period of time for the agen- preserve the resource and provide a Federal Government where people are cy, with vision plans coming from each pleasant and quality visit. That is more committed or more loyal to what park, with measurable results in the what these concessions do. Many con- they do than the employees of the Park plan. The GAO, the Government audit- cessionaires operate in an almost non- Service. Of course, to be able to do ing office, says often we have plans and competitive market where the business that, they do need the additional abil- we even have appropriations where the is virtually assured. We are striving for ity to have training as well as defining plan is not implemented and we want a fee system that maximizes revenues a system of recruitment. Future park to cause that to happen. And then, in for these businesses privileged to oper- superintendents and senior managers addition to that, of course, we want to ate in parks—of course, recognizing the need to have an opportunity to become help strengthen the management need for them to make a profit in order as professional as possible. through professionalism and do some to be there. We are interested in making sure things, such as bonding. We need to improve park concession that science is there as a foundation So, in conclusion, I want to ask you management performance. In fairness for the management of these resources. to consider for a moment an America to concessionaires and park visitors Vision 2020 directs support for the without national parks. How would we who rely on their services, a dramatic science necessary to guide that impor- feel without Yosemite, Independence change is proposed in the way conces- tant work by making some shifts in Hall, or Grand Canyon protected for sions are managed by the Park Service the program. public enjoyment? How much of our in this legislation. We think the parks The Park Police are important. I national identity is reflected in these should utilize more of the private sec- guess I didn’t realize myself until re- icons—the Statue of Liberty, Yellow- tor expertise in these activities that cently what a significant contribution stone, the National Capital Mall, or are totally commercial in nature and the Park Police make, particularly Old Faithful? How much of the rugged, we would utilize a private industry here in Washington where there are adventurous American spirit is still re- asset manager to support many aspects over 400 Park Police to take care of the visited by hiking the back country of of developing, bidding, developing pro- parkways, the parks, the rivers, and all Glacier or mountaineering in Alaska’s spectus and rewarding management of of the things here, as well as in New Denali? What would America be with- commercial contracts. An advisory York City. This aspect of the Park out protecting habitat for bison, board, made up of the agency and in- Service has often been overlooked. We moose, and bighorn sheep? These are dustry experts, would guide the direc- are asking that there be some studies the kinds of things we have available. tor. This would be a board of three to assure that they have the resources These are the kinds of things that chal- agency people, three private sector to do the kinds of things that they are lenge us to protect. people, chaired by the Secretary of the obliged to do. As Americans, what would we leave Interior, controlled, obviously, by the Finally, we are going to talk about our children and grandchildren if not agencies, to ensure that whatever is an innovative area of park resources. these wild and historic places to re- done in the commercial sector does Almost all of the large parks have the flect, recreate and pause for some spir- not, in fact, damage the resource pro- same kinds of things that small towns itual renewal? It seems to me that we tection purpose of the park. have. They have sewers, streets, build- all have an obligation to a measure of In addition to that, we are going to ings, all of which are very difficult to national service directed at strength- ask that our Hollywood friends share maintain on an annual budget. So we ening our proud system of parks—the S1162 CONGRESSIONAL RECORD — SENATE February 27, 1998 first such system in the world—the sys- (Ms. LANDRIEU) was added as a cospon- United States, the Secretary General of the tem that over 100 other nations have sor of Senate Joint Resolution 41, A United Nations, and others to help secure modeled after around the world. joint resolution approving the location Israel’s membership in an appropriate United So I am asking for the support of my of a Martin Luther King, Jr., Memorial Nations regional group. colleagues for Vision 2020—not only in the Nation’s Capital. Mr. MOYNIHAN. Mr. President, today I am pleased to submit a resolu- your vote, but also your review and SENATE RESOLUTION 155 constructive commentary. We worked tion seeking to right a 50 year wrong. I At the request of Mr. LOTT, the very hard to put together the bill. We am joined by the distinguished senior names of the Senator from Wisconsin don’t suggest that it is perfect. We will Senator from Indiana, Senator LUGAR, (Mr. KOHL) and the Senator from Ha- have hearings, and there will be an op- and 37 of my colleagues. Having served waii (Mr. AKAKA) were added as cospon- portunity to evaluate how we achieve as our Ambassador to the United Na- sors of Senate Resolution 155, A resolu- success. That is the key. These words tions, I am painfully aware of the para- tion designating April 6 of each year as are not unchangeable, but the goal is dox facing Israel at the United Nations. ‘‘National Tartan Day’’ to recognize to preserve the parks. Israel is a state which was created by the outstanding achievements and con- I believe that together we can accom- the United Nations, and yet for 50 tributions made by Scottish Americans plish constructive changes. We have an years has been treated as a step-child— to the United States. opportunity to bring the National Park or worse—in its dealings at the United Service and our national parks into the f Nations. 21st century, alive, vibrant, effective Never was that more apparent than and efficient. I think the public expects SENATE RESOLUTION 186—CON- CERNING ISRAELI MEMBERSHIP the sad period when the General As- us to seize upon that opportunity so sembly equated Zionism with racism. that our parks will be healthy and IN A UNITED NATIONS REGIONAL GROUP It took a long 16 years to repeal, but available for them to enjoy for a very after great effort it was done. Today, I long time in the future. Mr. MOYNIHAN submitted the fol- hope we can begin a similar effort to So, Mr. President, I will submit this lowing resolution; which was referred end a Cold War anomaly. I speak of the bill. First of all, I will add Senator to the Committee on Foreign Rela- fact that Israel is excluded from a SPENCER ABRAHAM as an original spon- tions: United Nations regional group. Israel is sor. I submit the bill for introduction. S. RES. 186 the only one of the 185 member states f of the United Nations barred from ADDITIONAL COSPONSORS Whereas, of the 185 member states of the membership in a regional group. The United Nations, only the State of Israel is S. 467 United Nations member states have or- ineligible to sit on the Security Council, the ganized themselves by regional groups At the request of Mr. WELLSTONE, the Economic and Social Council, or any other names of the Senator from New Mexico United Nations committee; since before Israel joined the United (Mr. BINGAMAN) and the Senator from Whereas the State of Israel was created in Nations in 1949. Membership in a Nevada (Mr. REID) were added as co- response to a 1947 General Assembly resolu- United Nations regional group confers sponsors of S. 467, a bill to prevent dis- tion and joined the United Nations in 1949; eligibility to sit on the Security Coun- crimination against victims of abuse in Whereas the members of the United Na- cil, the Economic and Social Council, all lines of insurance. tions have organized themselves according as well as other United Nations coun- to regional groups since 1946; S. 1422 cils, commissions, and committees. Whereas eligibility for election to the ro- At the request of Mr. MCCAIN, the This effort could mirror that of the tating seats of the Security Council, or other effort to repeal the odious General As- name of the Senator from Nebraska United Nations councils, commissions, or (Mr. KERREY) was added as a cosponsor committees, is only available to countries sembly Resolution 3379, equating Zion- of S. 1422, a bill to amend the Commu- belonging to a regional group; ism with racism. That effort was led by nications Act of 1934 to promote com- Whereas Israel has remained a member of Chaim Herzog. He came to Washington petition in the market for delivery of the United Nations despite being subjected in 1987 for the first state visit by a multichannel video programming and to deliberate attacks which aimed to place President of Israel to the United States for other purposes. the legitimacy of the State of Israel in ques- in history. At the request of Mr. MCCAIN, the tion; I took the floor of the Senate to in- name of the Senator from Massachu- Whereas this anachronistic Cold War isola- troduce a Joint Resolution following tion of Israel at the United Nations contin- setts (Mr. KERRY) was withdrawn as a ues; word-for-word an Australian measure cosponsor of S. 1422, supra. Whereas barring a member of the United calling for the repeal of Resolution S. 1605 Nations from entering a regional group is in- 3379. At the request of Mr. LEAHY, the imical to the principles under which the The Senate and the House of Rep- name of the Senator from Illinois (Ms. United Nations was founded, namely, ‘‘to de- resentatives adopted the resolution MOSELEY-BRAUN) was added as a co- velop friendly relations among nations based unanimously, in time for Chaim Herzog sponsor of S. 1605, A bill to establish a on respect for the principle of equal to address a Joint Meeting of Congress matching grant program to help rights . . .’’; and on November 10, 1987—on the 12th anni- States, units of local government, and Whereas Israel is a vibrant democracy, which shares the values, goals, and interests versary of his defense of Israel at the Indian tribes to purchase armor vests of the ‘‘Western European and Others United Nations in opposition to Reso- for use by law enforcement officers. Group’’, a regional group which includes lution 3379. President Reagan signed S. 1675 Australia, Canada, New Zealand, and the the resolution on November 17. Finally, At the request of Mr. SHELBY, the United States: Now, therefore, be it there was an American policy. We name of the Senator from Alaska (Mr. Resolved, That it is the sense of the Senate meant to repeal General Assembly Res- MURKOWSKI) was added as a cosponsor that— olution 3379. of S. 1675, a bill to establish a Congres- (1) it should be the policy of the United Both the Zionism resolution and the sional Office of Regulatory Analysis. States to support the State of Israel’s efforts rejectionist Arab Front would soon to enter an appropriate United Nations re- S. 1677 gional group; lose their major support with the col- At the request of Mr. CHAFEE, the (2) the President should instruct the Per- lapse of the Soviet Union. The General names of the Senator from Oklahoma manent Representative of the United States Assembly overwhelmingly repealed (Mr. INHOFE) and the Senator from Or- to the United Nations to carry out this pol- Resolution 3379 on December 16, 1991. egon (Mr. SMITH) were added as cospon- icy; The fight had taken 16 years. sors of S. 1677, a bill to reauthorize the (3) the United States should— We won that battle but one cold war North American Wetlands Conserva- (A) insist that any efforts to reform the anachronism remains at the United Na- tion Act and the Partnerships for Wild- United Nations, including the Security tions. One sorry throwback to an era Council, also resolve this anomaly; and life Act. (B) ensure that the principle of sovereign when the institutionalized isolation of SENATE JOINT RESOLUTION 41 equality be upheld without exception; and Israel was a given in international af- At the request of Mr. SARBANES, the (4) the Secretary of State should submit a fairs—the ugly ‘‘gentlemen’s agree- name of the Senator from Louisiana report to Congress on the steps taken by the ment’’ that excludes Israel and only February 27, 1998 CONGRESSIONAL RECORD — SENATE S1163 Israel from membership in any United joined by nearly forty members of the to amendment No. 1676 proposed by Mr. Nations Regional Group. Israel—and Senate who believe that an institu- CHAFEE to the bill (S. 1173) to authorize only Israel—can never sit on the tional injustice, based on political rea- funds for construction of highways, for United Nations Security Council. sons, has been perpetrated on the state highway safety programs, and for mass Israel—and only Israel—can never of Israel because it has been denied transit programs, and for other pur- serve on the United Nations Economic membership in a U.N. ‘‘regional poses; as follows: and Social Council, where her expertise group.’’ On the surface, this denial Beginning on page 181, strike line 20 and is so sorely missed. Israel—and only would appear to be a minor oversight all that follows through page 183, line 23, and Israel—is less than a full member of or slight snub of a long-standing mem- insert the following: the very international organization ber of the United Nations. But, it is esses. With respect to participation in a nat- which bravely voted on November 29, much more than that. ural habitat or wetland mitigation effort re- 1947, to create the State of Israel. U.N. regional group membership con- lated to a project funded under this title A hundred years ago the Zionist Con- fers eligibility to serve on the Security that has an impact that occurs within the Council and other important commit- service area of a mitigation bank, preference gress first articulated the Zionist shall be given, to the maximum extent prac- dream. tees of the United Nations such as the ticable, to the use of the mitigation bank if Fifty years ago the United Nations International Court of Justice and the the bank contains sufficient available cred- General Assembly endorsed the Zionist U.N. Commission on Human Rights. its to offset the impact and the bank is ap- dream. Nominations of members to serve on proved in accordance with the Federal Guid- Today, we call for Israel’s admission U.N. committees are made by the re- ance for the Establishment, Use and Oper- to a United Nations Regional Group. gional groups. Israel does not belong to ation of Mitigation Banks (60 Fed. Reg. 58605 This must be a goal of our govern- any regional group. Indeed, Israel is (November 28, 1995)) or other applicable Fed- ment’s foreign policy and a priority of the only country in the United Nations eral law (including regulations). ‘‘(N) Publicly-owned intracity or intercity reform efforts at the United Nations. that can not claim membership in any passenger rail or bus terminals, including That such legislation is necessary is a regional group. As such, it is ineligible terminals of the National Railroad Pas- reminder that, despite the unparalleled for membership in the influential com- senger Corporation and publicly-owned inter- success of the Zionist movement in its mittees in the U.N. Paradoxically, modal surface freight transfer facilities, first hundred years, the state created Iran, Cuba, Syria and Libya enjoy this other than seaports and airports, if the ter- half a century ago as the fruit of this privilege denied Israel. minals and facilities are located on or adja- ideal still requires support from its As with the United States Congress cent to National Highway System routes or friends. and most every legislative or delibera- connections to the National Highway Sys- I can think of no more fitting con- tive body, much of the real work is per- tem selected in accordance with paragraph (2). gressional tribute to this vision than formed in committees, councils and ‘‘(O) Infrastructure-based intelligent trans- our country taking its rightful place in other smaller deliberative bodies. To portation systems capital improvements. the forefront of the effort to allow be denied membership in these com- ‘‘(P) In the Virgin Islands, Guam, Amer- Israel to participate fully in inter- mittees is to be denied the opportunity ican Samoa, and the Commonwealth of the national affairs, to be counted as a le- to influence important decisions and Northern Mariana Islands, any project eligi- gitimate member among the nations of actions of the United Nations. It is un- ble for funding under section 133, any air- the world. fair and unjust and should be rectified port, and any seaport. Again, I thank my colleagues for sup- as soon as possible. ‘‘(Q) Publicly owned components of mag- netic levitation transportation systems.’’. porting the measure. In particular I Israel has not been allowed to join its SEC. 1235. ELIGIBILITY OF PROJECTS UNDER UGAR natural regional group of the Middle thank Senator L for his strong THE SURFACE TRANSPORTATION support in this effort. I hope that this East and has expressed interest in join- PROGRAM. will begin an effort which will finally ing the Western Europe and Others Section 133(b) of title 23, United States bring Israel completely within the fold Group (WEOG) regional group. The Code (as amended by section 1232(c)), is of the United Nations. WEOG group includes Western Euro- amended— Mr. LUGAR. Mr. President, I am pean democracies, the United States, (1) in paragraph (2), by striking ‘‘and pub- pleased to co-sponsor the resolution ex- Australia, New Zealand, and Turkey. licly owned intracity or intercity bus termi- pressing the sense of the Senate re- The resolution we are introducing nals and facilities’’ and inserting ‘‘, includ- garding Israeli membership in a United today urges the President to help fa- ing vehicles and facilities, whether publicly cilitate Israel’s membership in an ap- or privately owned, that are used to provide Nations regional group. I am delighted intercity passenger service by bus or rail’’; to join Senator MOYNIHAN in bringing propriate U.N. regional group. Under (2) in paragraph (3)— this resolution to the attention of our current circumstances, an appropriate (A) by striking ‘‘and bicycle’’ and inserting colleagues in the Senate. regional group is most likely to be the ‘‘bicycle’’; and Over the years, many in the Congress WEOG. It further urges the administra- (B) by inserting before the period at the have risen to comment on the United tion to report to the Congress on the end the following: ‘‘, and the modification of Nations. Many have been critical or steps it has taken to assist Israel’s public sidewalks to comply with the Ameri- skeptical about the role the Untied Na- membership in a U.N. regional group cans with Disabilities Act of 1990 (42 U.S.C. and the success or failure of those ef- 12101 et seq.)’’; tions can and does play in world af- (3) in paragraph (4)— fairs. Many have been laudatory as forts. (A) by inserting ‘‘, publicly owned pas- well. There is a division in the Con- Mr. President, I ask that all members senger rail,’’ after ‘‘Highway’’; gress about the extent to which the take note of this resolution. It seeks to (B) by inserting ‘‘infrastructure’’ after United Nations helps to advance U.S. bring full equality to Israel’s member- ‘‘safety’’; and interests and world peace. Last year, ship in the United Nations. I am con- (C) by inserting before the period at the the Congress devoted an enormous fident that it will be supported by the end the following: ‘‘, and any other noninfra- amount of time on legislation to pay entire body. structure highway safety improvements’’; f (4) in paragraph (11)— our arrears to the U.N. and the condi- (A) in the first sentence— tions and reforms which must be met AMENDMENTS SUBMITTED (i) by inserting ‘‘natural habitat and’’ after before disbursement of our payments. ‘‘participation in’’ each place it appears; That legislative effort is still continu- (ii) by striking ‘‘enhance and create’’ and ing. There are many disagreements THE INTERMODAL SURFACE inserting ‘‘enhance, and create natural habi- about the United Nations and I don’t TRANSPORTATION EFFICIENCY tats and’’; and wish to revisit or bridge the gap be- ACT OF 1998 (iii) by inserting ‘‘natural habitat and’’ be- tween these views. fore ‘‘wetlands conservation’’; and But, Mr. President there is an impor- (B) by adding at the end the following: ‘‘With respect to participation in a natural tant United Nations issue on which all BOND (AND OTHERS) AMENDMENT NO. 1677 habitat or wetland mitigation effort related members of the Congress can agree and to a project funded under this title that has that is the resolution we are introduc- Mr. BOND (for himself, Mr. LOTT, and an impact that occurs within the service ing today. Senator MOYNIHAN and I are Mr. BREAUX) proposed an amendment area of a mitigation bank, preference shall S1164 CONGRESSIONAL RECORD — SENATE February 27, 1998 be given, to the maximum extent prac- her 59th birthday. Clayton was hos- Mr. President, I submit that we all ticable, to the use of the mitigation bank if pitalized in July 1996 with the multiple should be fortunate enough to have the bank contains sufficient available cred- myeloma that eventually killed her. friends willing to bear witness in ways its to offset the impact and the bank is ap- Her fight against the cancer of the such as this. proved in accordance with the Federal Guid- ∑ ance for the Establishment, Use and Oper- bone marrow (plasma cells), mobilized f ation of Mitigation Banks (60 Fed. Reg. 58605 the science fiction community and led to a national fund raising campaign to BICENTENNIAL OF EASTPORT, (November 28, 1995)) or other applicable Fed- MAINE eral law (including regulations).’’; and help her deal with the financial burden f of her illness. ∑ Ms. SNOWE. Mr. President, I rise to Jo Clayton was the author of 35 pub- pay tribute to the community of PROTOCOLS TO THE NORTH AT- lished novels and many short stories. Eastport, Maine, which this week cele- LANTIC TREATY OF 1949 ON AC- She wrote in both the fantasy and the brated the 200th anniversary of its in- CESSION OF POLAND, HUNGARY, SF genres. In her best known work, corporation. AND CZECH REPUBLIC ‘‘The Diadem’’ series (1977), she antici- When the sun rises over the cities of pated by many years the current tech- America, it rises first over the City of nology which may allow development Eastport. The city, located on Moose WARNER (AND OTHERS) of computerized components that can Island, epitomizes the rugged beauty of EXECUTIVE AMENDMENT NO. 1678 be integrated with a human mind. Jo Downeast Maine as well as the hearty (Ordered referred to the Committee Clayton’s writing was marked by com- and individualistic nature of the re- on Foreign Relations.) plex, beautifully realized societies set gion’s people. This is a part of Maine Mr. WARNER (for himself, Mr. MOY- in exotic worlds, lyrical prose, and and America where hard work is more NIHAN, and Mr. BINGAMAN) submitted compelling characters, both male and than a virtue, it’s a way of life—and an executive amendment intended to female. neighbors look out for each other just be proposed by them to the resolution Not counting sales of her last series, as they have done for the past two cen- of ratification for the treaty (Treaty DRUMS OF CHAOS, Clayton’s works turies. Doc. No. 105) protocols to the North At- sold over 1,250,000 copies. While in the As the deepest natural harbor on the lantic Treaty of 1949 on the accession hospital, Clayton impressed everyone east coast, the lifeblood of Eastport of Poland, Hungary, and the Czech Re- with her courage by finishing DRUM has always been the sea. In its earliest public. These protocols were opened for CALLS, writing a number of short sto- days, the city was a center for trade signature at Brussels on December 16, ries, and completing approximately and ship building. Later, in the 1800’s, half of the third volume in the DRUMS 1997, and signed on behalf of the United Eastport became the birthplace of the trilogy, titled DRUMS OF CHAOS. San States of America and other parties to American sardine industry, which was Francisco writer Katharine Kerr, who the North Atlantic Treaty; as follows: a major source of economic prosperity worked with Clayton on a number of for the region for many decades, and At the appropriate place in the resolution, writing and editing projects, is Clay- insert the following: the city’s sea captains sailed from ton’s literary executor as well as good ( ) UNITED STATES POLICY REGARDING FUR- Eastport to ports from Boston to the THER EXPANSION OF NATO.—Prior to the date friend. Kerr is expected to either finish West Indies. of ratification of the Protocols by the United the third book herself or select a writer Today, the city is very much a work- States, the President shall certify to the who will complete it. ing port, where traditional fishermen Senate that it is the policy of the United Jo Clayton’s impact on the science and a vibrant and growing shipping in- States not to encourage, participate in, or fiction community goes far beyond the dustry exist side-by-side. In 1981, the agree to any further expansion in the mem- numbers of books sold which bear her first year of operation for the Eastport bership of the North Atlantic Treaty Organi- name. Many people who didn’t know Port Authority, the Port logged six zation (NATO) for a period of at least three her personally were touched by her years beginning on the date of entry into vessels and 15,000 tons of cargo at its force of the last of the Protocols to the humor, compassion and zest for living, 420-foot pier. Last year, according to North Atlantic Treaty on the Accession of even some who knew her only through the Authority’s director, Eastport Poland, Hungary, and the Czech Republic to the medium of electronic communica- shipped out value-added products to enter into force. tions. It was an unexplained interrup- the tune of about $60 million, with f tion in those communications which markets ranging from Northern Europe alerted friends to her health problems to Taiwan to Italy and the Middle AUTHORITY FOR COMMITTEE TO and led to her hospitalization. Those East. MEET friends and others from afar supported Eastport also hosts an annual, week- COMMITTEE ON RULES AND ADMINISTRATION her battle with the illness which took long celebration of our nation’s inde- Mr. CHAFEE. Mr. President, I ask her life 21 months later. Even those pendence every year during 4th of July unanimous consent that the Commit- with only fleeting contact were stirred week that is renowned across the State tee on Rules and Administration be au- by the courage and determination she of Maine. Steeped in tradition, the fes- thorized to meet during the session of displayed during that struggle. tival has included an almost yearly the Senate on Friday, February 27, Her legacy will live on not only in visit from U.S. Navy vessels dating 1998, beginning at 9:30 a.m. until busi- her books but in the memories of her back to the days when Franklin Delano ness is completed, to receive testimony friends and fans. Toward the end of her Roosevelt, who summered across on S.1578, and to hold an oversight life, her friends gathered in person and Passamaquoddy Bay on Campobello Is- hearing on the budget requests and op- on-line to honor her achievements and land, was Secretary of the Navy. In erations of the Government Printing remember her enjoyment of things fact, during the 4th of July celebration Office, the National Gallery of Art, and large and small. One friend, a fellow Eastport’s population of about 2,000 the Congressional Research Service. Portlander, John C. Bunnell, composed swells six or seven times as visitors The PRESIDING OFFICER. Without a poem for that evening, which I would and former residents as well as the objection, it is so ordered. like to share with you. state’s elected officials flock to the is- AU REVOIR f land city. Eastport also pays homage Joy shared with friends is what we’ll think to its fishing tradition with its Salmon ADDITIONAL STATEMENTS of first, Festival each September, celebrating Or stories in a book too good to close. an aquaculture industry which has be- Comes now a twilight, bringing with it tears; come an important part of the local JO CLAYTON, AUTHOR Let no one shed them for her spirit, though, economy. Mr. HARKIN. Mr. President, I rise in As after evening, morning reappears, As Eastport celebrates its 200th ∑ Yet where the new day beckons, none here this body to pay tribute to the gifted know. Birthday, her people can be proud of science fiction and fantasy writer Jo Tomorrows without number yet remain the community which supports a host Clayton, who died Friday, February 13, On printed page, or on some other plane; of cultural and recreational opportuni- in Portland, Oregon, two days short of No need to weep: her words will be her rose. ties. And they can be proud of a rich February 27, 1998 CONGRESSIONAL RECORD — SENATE S1165 and unique history, which includes the nize and honor Reverend Roosevelt Mr. President, throughout his career, historic site of the War of 1812 era Fort Austin with the Coleman Temple Reverend Roosevelt Austin has truly Sullivan—a part of which was relocated Christian Board of Education ‘‘Living exemplified the ideals which are the and appropriately lives on as a home to Legend’’ award. foundation for the Coleman Temple Eastport’s Border Historical Society. Each year, an individual is selected Christian Board of Education ‘‘Living I first visited Eastport in 1977, and to receive this honor based on out- Legend’’ award. I know my colleagues have returned many times over the standing community service, achieve- will join me in recognizing Reverend years, getting to know many of its ment in the public and/or private sec- Austin for his commitment to his com- residents—in fact, one Eastport native tor, and commitment to the cause of munity and to equality and justice for is today my Chief of Staff. I have al- political, social and economic advance- all people.∑ ways been struck not only by the beau- ment for African Americans. Reverend ty of the area but also the hospitality Austin certainly meets the criteria for f of Eastport’s people. this award. Recognized as one of the KJIL—STATION OF THE YEAR Most recently, I was also struck by most influential leaders in the city of their strength and compassion in the Saginaw, he is the pastor of Zion Mis- ∑ Mr. BROWNBACK. Mr. President, I face of adversity. Last month, in the sionary Baptist Church. rise to congratulate the southwest wake of devastating and unprecedented Reverend Austin was ordained nearly Kansas radio station KJIL 99.1 FM for ice storms which left much of Maine 35 years ago, and since then he has being awarded the ‘‘Station of the without electricity, I visited the area truly made a difference in the lives of Year’’ by Focus on the Family radio to see first-hand how local residents thousands of people. This is evidenced ministry. were coping. I spent time at the emer- by the honors he has received from KJIL is a 100,000 watt Christian radio gency shelter set up at the Eastport civic groups throughout the years, station based in Meade, Kansas. Al- Youth Center. While there, I marveled from the Citizen of Saginaw Award be- though it has been on the air for only how people in the community, like stowed upon him by the city of Sagi- five years, it has played a significant elsewhere in Maine, pulled together to naw, to the Whitney M. Young Award, and positive role in the community and help each other through a most dif- given to him by the Boy Scouts of throughout the western region of Kan- ficult and trying time. America. He serves on the boards of nu- sas. Last year alone, the station spon- I am proud to represent the City of merous organizations in his commu- sored several family-oriented concerts, Eastport in the United States Senate, nity, including the National Associa- helped organize transportation for particularly at this special time in the tion for the Advancement of Colored community members to the Promise- life of this great community. I con- People, the Commission on Quality Keepers rally in Washington, and ex- gratulate Eastport on this wonderful Education for all Children, and Second panded its network for 16 different milestone, and wish her people all the National Bank of Saginaw. translator stations. best as the city looks ahead toward Members of Zion Missionary Baptist I particularly wish to commend Don continued success in the next hundred Church would say that the most impor- Hughes, the station manager of KJIL, years.∑ tant role Reverend Austin plays is that for his leadership and vision. And I am f of a spiritual leader. Indeed, from his particularly pleased that an organiza- work in the Saginaw County Jail to tion as worthy as Focus on the Family RECOGNITION OF REVEREND the lives he touches each day in his Radio ministries has recognized the ROOSEVELT AUSTIN own congregation, Reverend Austin is station’s achievements. It is a great ∑ Mr. LEVIN. Mr. President, I rise deeply devoted to his ministry and to honor, but no great surprise, that KJIL today to join with many of the people the spiritual well-being of so many has received the ‘‘Station of the Year’’ from Saginaw, Michigan, as they recog- people in Saginaw. award.∑ h

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 OCT. 1 TO DEC. 31, 1997

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

Debra Reed: Japan ...... Yen ...... 228,982 1,802.92 ...... 442.35 ...... 2,245.27 United States ...... Dollar ...... 1,089.00 ...... 1,089.00

Total ...... 1,802.92 ...... 1,089.00 ...... 442.35 ...... 3,334.27 RICHARD G. LUGAR, Chairman, Committee on Agriculture, Nutrition, and Forestry, Jan. 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), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM OCT. 1 TO DEC. 31, 1997

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

Steve Cortese: Panama ...... Dollar ...... 387.00 ...... 163.04 ...... 550.04 Guatemala ...... Quetzal ...... 1,709.70 278.00 ...... 34.15 1,709.70 312.15 United States ...... Dollar ...... 579.00 ...... 579.00 Sid Ashworth: Panama ...... Dollar ...... 387.00 ...... 163.04 ...... 550.04 Guatemala ...... Quetzal ...... 1,709.70 278.00 ...... 34.15 1,709.70 312.15 United States ...... Dollar ...... 579.00 ...... 579.00 S1166 CONGRESSIONAL RECORD — SENATE February 27, 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 OCT. 1 TO DEC. 31, 1997—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

Susan Hogan: Belgium ...... Franc ...... 19,296 536.00 ...... 19,296 536.00 Senator Patrick Leahy: Canada ...... Dollar ...... 212.81 150.00 ...... 212.81 150.00 United States ...... Dollar ...... 462.04 ...... 462.04 Tim Rieser: Canada ...... Dollar ...... 558.97 394.00 ...... 558.97 394.00 United States ...... Dollar ...... 462.04 ...... 462.04 Susan Hogan: Japan ...... Dollar ...... 1,229.00 ...... 1,229.00 Total ...... 3,639.00 ...... 2,082.08 ...... 394.38 ...... 6,115.46 TED STEVENS, Chairman, Committee on Appropriations, Jan. 27, 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 JULY 1 TO SEPT. 30, 1997

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 Mitch McConnell, Jr.: Hong Kong ...... Dollar ...... 929.75 ...... 1,214.75 ...... 2,144.50 Taiwan ...... Dollar ...... 12,219 440.00 ...... 12,219 440.00 Korea ...... Won ...... 513,260 578.00 ...... 513,260 578.00 United States ...... Dollar ...... 4,176.75 ...... 4,176.75 Robin Cleveland: Hong Kong ...... Dollar ...... 929.75 ...... 1,214.75 ...... 2,144.50 Taiwan ...... Dollar ...... 12,219 440.00 ...... 12,219 440.00 Korea ...... Won ...... 513,260 578.00 ...... 513,260 578.00 United States ...... Dollar ...... 4,176.75 ...... 4,176.75 Senator Mitch McConnell: Armenia ...... Dollar ...... 458.75 ...... 458.75 Azerbaijan ...... Dollar ...... 328.75 ...... 328.75 Georgia ...... Dollar ...... 772.75 ...... 772.75 Ukraine ...... Dollar ...... 289.75 ...... 289.75 Turkey ...... Dollar ...... 774.00 ...... 774.00 Ireland ...... Pound ...... 532.71 777.00 ...... 532.71 777.00 United States ...... Dollar ...... 3,480.15 ...... 3,480.15 Robin Cleveland: Armenia ...... Dollar ...... 458.75 ...... 458.75 Azerbaijan ...... Dollar ...... 328.75 ...... 328.75 Georgia ...... Dollar ...... 772.75 ...... 772.75 Ukraine ...... Dollar ...... 289.75 ...... 289.75 Turkey ...... Dollar ...... 774.00 ...... 774.00 United States ...... Dollar ...... 2,310.25 ...... 2,310.25 William H. Piper III: Ireland ...... Pound ...... 532.71 777.00 ...... 532.71 777.00 United States ...... Dollar ...... 4,843.95 ...... 4,843.95 Senator Patrick Leahy: United States ...... Dollar ...... 2,455.35 ...... 2,455.35 Norway ...... Kroner ...... 5,733.36 762.00 ...... 5,733.36 762.00 Tim Rieser: United States ...... Dollar ...... 986.35 ...... 986.35 Norway ...... Kroner ...... 4,980.95 662.00 ...... 4,980.95 662.00 Senator Kay B. Hutchison: Turkey ...... Dollar ...... 384.00 ...... 384.00 Georgia ...... Dollar ...... 293.00 ...... 293.00 Azerbaijan ...... Dollar ...... 190.00 ...... 190.00 Turkmenistan ...... Dollar ...... 110.00 ...... 110.00 Total ...... 13,098.50 ...... 22,429.55 ...... 2,429.50 ...... 37,957.55 TED STEVENS, Chairman, Committee on Appropriations, Nov. 13, 1997.

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, 1997

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 Tom Harkin: United States ...... Dollar ...... 1,898.70 ...... 1,898.70 Switzerland ...... Francs ...... 422.85 296.00 ...... 422.85 296.00 Maria Rosario Gutierrez Bailey: United States ...... Dollar ...... 3,813.55 ...... 3,813.55 Switzerland ...... Francs ...... 845.75 592.00 ...... 845.75 592.00 Senator Ted Stevens: France ...... Franc ...... 1,140.72 196.00 ...... 1,140.72 196.00 Senator Dan Coats: France ...... Franc ...... 1,140.72 196.00 ...... 1,140.72 196.00 Steve Cortese: France ...... Franc ...... 1,140.72 196.00 ...... 1,140.72 196.00 Gary Reese: France ...... Franc ...... 1,140.72 196.00 ...... 1,140.72 196.00 John Young: France ...... Franc ...... 1,140.72 196.00 ...... 1,140.72 196.00 Total ...... 1,868.00 ...... 5,712.25 ...... 7,580.25 TED STEVENS, Chairman, Committee on Appropriations, Nov. 13, 1997. February 27, 1998 CONGRESSIONAL RECORD — SENATE S1167 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 OCT. 1 TO DEC. 31, 1997

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

Eric H. Thoemmes: United States ...... Dollar ...... 710.40 ...... 710.40 United Kingdom ...... Dollar ...... 825.00 ...... 825.00 Hungary ...... Dollar ...... 275.00 ...... 275.00 Germany ...... Dollar ...... 1,100.00 ...... 1,100.00 Stephen L. Madey, Jr.: United States ...... Dollar ...... 710.40 ...... 710.40 United Kingdom ...... Dollar ...... 825.00 ...... 825.00 Hungary ...... Dollar ...... 275.00 ...... 275.00 Germany ...... Dollar ...... 1,100.00 ...... 1,100.00 Martin McBroom: United States ...... Dollar ...... 1,010.00 ...... 1,010.00 Japan ...... Dollar ...... 3,588.00 ...... 3,588.00 Senator Joseph I. Lieberman: United States ...... Dollar ...... 5,454.00 ...... 5,454.00 Korea ...... Dollar ...... 456.00 ...... 456.00 Japan ...... Dollar ...... 498.00 ...... 498.00 Fred M. Downey: United States ...... Dollar ...... 4,098.00 ...... 4,098.00 Korea ...... Dollar ...... 460.00 ...... 460.00 Japan ...... Dollar ...... 1,190.00 ...... 1,190.00 Bert K. Mizusawa: United States ...... Dollar ...... 4,343.00 ...... 4,343.00 Japan ...... Dollar ...... 511.00 ...... 511.00 Korea ...... Dollar ...... 867.00 ...... 867.00 Sen. John W. Warner: Great Britain ...... Dollar ...... 1,005.00 ...... 1,005.00 Belgium ...... Dollar ...... 750.76 ...... 750.76 Bosnia ...... Dollar ...... 570.00 ...... 570.00 Italy ...... Dollar ...... 75.00 ...... 75.00 Martin A. McBroom: Germany ...... Dollar ...... 2,007.00 ...... 2,007.00 United States ...... Dollar ...... 1,038.00 ...... 1,038.00 Charles S. Abell: Turkey ...... Dollar ...... 370.00 ...... 370.00 Great Britain ...... Dollar ...... 480.00 ...... 480.00 Germany ...... Dollar ...... 1,440.00 ...... 1,440.00 Italy ...... Dollar ...... 480.00 ...... 480.00 Patrick T. Henry: Turkey ...... Dollar ...... 370.00 ...... 370.00 Great Britain ...... Dollar ...... 480.00 ...... 480.00 Germany ...... Dollar ...... 1,440.00 ...... 1,440.00 Italy ...... Dollar ...... 480.00 ...... 480.00 Cord A. Sterling: Panama ...... Dollar ...... 358.00 ...... 358.00 Peru ...... Dollar ...... 1,337.00 ...... 1,337.00 Bolivia ...... Dollar ...... 328.00 ...... 328.00 Ecuador ...... Dollar ...... 362.00 ...... 362.00 Colombia ...... Dollar ...... 386.00 ...... 386.00 United States ...... Dollar ...... 2,013.30 ...... 2,013.30 Senator James M. Inhofe: Great Britain ...... Dollar ...... 2,206.00 ...... 2,206.00 Mr. Richard D. DeBobes: Panama ...... Dollar ...... 358.00 ...... 358.00 Peru ...... Dollar ...... 1,337.00 ...... 1,337.00 Bolivia ...... Dollar ...... 328.00 ...... 328.00 Ecuador ...... Dollar ...... 362.00 ...... 362.00 Colombia ...... Dollar ...... 386.00 ...... 386.00 United States ...... Dollar ...... 2,013.30 ...... 2,013.30 Patrick T. Henry: United States ...... Dollar ...... 4,091.40 ...... 4,091.40 Charles S. Abell: United States ...... Dollar ...... 4,091.40 ...... 4,091.40 Larry J. Lanzillotta: United States ...... Dollar ...... 4,022.60 ...... 4,022.60 Poland ...... Dollar ...... 183.00 ...... 183.00 Czech Republic ...... Dollar ...... 203.00 ...... 203.00 Hungary ...... Dollar ...... 168.00 ...... 168.00 Bosnia ...... Dollar ...... 183.00 ...... 183.00 Belgium ...... Dollar ...... 199.00 ...... 199.00 Romie L. Brownlee: United States ...... Dollar ...... 4,022.60 ...... 4,022.60 Poland ...... Dollar ...... 213.00 ...... 213.00 Czech Republic ...... Dollar ...... 213.00 ...... 213.00 Hungary ...... Dollar ...... 186.59 ...... 186.59 Bosnia ...... Dollar ...... 182.53 ...... 182.53 Belgium ...... Dollar ...... 225.17 ...... 225.17 Lucia Monica Chavez: United States ...... Dollar ...... 4,022.60 ...... 4,022.60 Poland ...... Dollar ...... 230.00 ...... 230.00 Czech Republic ...... Dollar ...... 232.00 ...... 232.00 Hungary ...... Dollar ...... 182.00 ...... 182.00 Bosnia ...... Dollar ...... 214.00 ...... 214.00 Belgium ...... Dollar ...... 184.00 ...... 184.00 Sharon Soderstrom: United States ...... Dollar ...... 4,022.60 ...... 4,022.60 Poland ...... Dollar ...... 185.08 ...... 185.08 Czech Republic ...... Dollar ...... 190.00 ...... 190.00 Hungary ...... Dollar ...... 153.59 ...... 153.59 Bosnia ...... Dollar ...... 182.53 ...... 182.53 Belgium ...... Dollar ...... 176.09 ...... 176.09

Total ...... 33,551.34 ...... 45,663.60 ...... 79,214.94 STROM THURMOND, Chairman, Committee on Armed Services, Feb. 10, 1998. S1168 CONGRESSIONAL RECORD — SENATE February 27, 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 BANKING, HOUSING, AND URBAN AFFAIRS FOR TRAVEL FROM OCT. 1 TO DEC. 31, 1997

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 Phil Gramm: Panama ...... Dollar ...... 169.00 ...... 169.00 Equador ...... Dollar ...... 264.00 ...... 264.00 Chile ...... Dollar ...... 538.00 ...... 538.00 Argentina ...... Dollar ...... 267.00 ...... 267.00 Brazil ...... Dollar ...... 892.00 ...... 892.00 Stephen McMillin: Panama ...... Dollar ...... 179.00 ...... 179.00 Equador ...... Dollar ...... 274.00 ...... 274.00 Chile ...... Dollar ...... 281.00 ...... 281.00 Argentina ...... Dollar ...... 277.00 ...... 277.00 Brazil ...... Dollar ...... 635.00 ...... 635.00 Senator Connie Mack: Panama ...... Dollar ...... 179.00 ...... 179.00 Equador ...... Dollar ...... 274.00 ...... 274.00 Panama ...... Dollar ...... 548.00 ...... 548.00 Argentina ...... Dollar ...... 277.00 ...... 277.00 Brazil ...... Dollar ...... 902.00 ...... 902.00 Total ...... 5,956.00 ...... 5,956.00 ALFONSE D’AMATO, Chairman, Committee on Banking, Housing, and Urban Affairs, Jan. 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), COMMITTEE ON THE BUDGET FOR TRAVEL FROM OCT. 1 TO DEC. 31, 1997

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

James Capretta: United States ...... Dollar ...... 1,090.90 ...... 1,090.90 United Kingdom ...... Pound ...... 422.03 708.00 ...... 422.03 708.00 Belgium ...... Francs ...... 12,624.86 342.23 ...... 12,624.86 342.23 Total ...... 1,O50.23 ...... 1,090.90 ...... 2,141.13 PETE V. DOMENICI, Chairman, Committee on the Budget, Dec. 18, 1997.

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 OCT. 1 TO DEC. 31, 1997

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

Earl Comstock: Monaco ...... Dollar ...... 3,000,00 ...... 1,490.60 ...... 4,490.60 Clark L. LeBlanc: United States ...... Dollar ...... 763.60 ...... 763.60 Spain ...... Peseta ...... 193,753 1,340.48 ...... 193,753 1,340.48 Mark Ashby: United States ...... Dollar ...... 986.40 ...... 986.40 Switzerland ...... Francs ...... 1,169.20 827.57 ...... 1,169.20 827.57 Total ...... 5,168.05 ...... 3,240.60 ...... 8,408.65 JOHN McCAIN, Chairman, Committee on Commerce, Science, and Transportation, Jan. 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 ENERGY AND NATURAL RESOURCES FOR TRAVEL FROM OCT. 1 TO DEC. 31, 1997

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

David Garman: Germany ...... Mark ...... 2,783.6 1,561.00 ...... 1,210.10 ...... 2,771.10 Senator Daniel K. Akaka: China ...... Yuan ...... 10,033.57 1,213.25 ...... 313.87 ...... 1,527.12 Hong Kong ...... Dollar ...... 6,870 888.00 ...... 888.00 Micronesia ...... Dollar ...... 531.00 ...... 531.00 James P. Beirne: China ...... Yuan ...... 10,033.57 1,213.25 ...... 313.87 ...... 1,527.12 Hong Kong ...... Dollar ...... 6,870 888.00 ...... 888.00 Micronesia ...... Dollar ...... 531.00 ...... 531.00 Kira Lynn Finkler: China ...... Yuan ...... 10,033.57 1,213.25 ...... 313.87 ...... 1,527.12 Hong Kong ...... Dollar ...... 6,870 888.00 ...... 888.00 Micronesia ...... Dollar ...... 531.00 ...... 531.00 David Garman: China ...... Yuan ...... 10,033.57 1,213.25 ...... 313.87 ...... 1,527.12 Hong Kong ...... Dollar ...... 6,870 888.00 ...... 888.00 Micronesia ...... Dollar ...... 531.00 ...... 531.00 Andrew L. Lundquist: China ...... Yuan ...... 10,033.57 1,213.25 ...... 313.87 ...... 1,527.12 Hong Kong ...... Dollar ...... 6,870 888.00 ...... 888.00 February 27, 1998 CONGRESSIONAL RECORD — SENATE S1169 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 OCT. 1 TO DEC. 31, 1997—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

Micronesia ...... Dollar ...... 531.00 ...... 531.00 Senator Frank H. Murkowski: China ...... Yuan ...... 10,033.57 1,213.25 ...... 313.87 ...... 1,527.12 Hong Kong ...... Dollar ...... 6,870 888.00 ...... 888.00 Micronesia ...... Dollar ...... 531.00 ...... 531.00 Deanna Tanner Okun: China ...... Yuan ...... 10,033.57 1,213.25 ...... 313.87 ...... 1,527.12 Hong Kong ...... Dollar ...... 6,870 888.00 ...... 888.00 Micronesia ...... Dollar ...... 531.00 ...... 531.00 David Garman: Japan ...... Yen ...... 153,853 1,196.00 ...... 4,497.00 ...... 5,693.00 Robert Simon: Germany ...... Mark ...... 2,574.94 1,444.00 ...... 1,333.10 ...... 2,777.10

Total ...... 22,626.75 ...... 7,040.20 ...... 2,197.09 ...... 31,864.04 FRANK H. MURKOWSKI, Chairman, Committee on Energy and Natural Resources, Feb. 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 ENVIRONMENT AND PUBLIC WORKS FOR TRAVEL FROM OCT. 1 TO DEC. 31, 1997

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 Max Baucus: Japan ...... Yen ...... 75,940 598.00 ...... 75,940 598.00 Philippines ...... Peso ...... 26,114.40 745.06 ...... 26,114.40 745.06 Brunei ...... Dollar ...... 866.94 548.00 ...... 866.94 548.00 Indonesia ...... Rupiah ...... 1,950,800 494.00 ...... 1,950,800 494.00 Thailand ...... Baht ...... 19,920 480.00 ...... 19,920 480.00 United States ...... Dollar ...... 6,117.00 ...... 6,117.00 Senator John Chafee: China ...... Yuan ...... 4,494.22 542.45 ...... 4,494.22 542.45 Australia ...... Dollar ...... 2,135.97 1,456.94 ...... 2,135.97 1,456.94 United States ...... Dollar ...... 3,124.90 ...... 3,124.90 Daniel P. Delich: Japan ...... Yen ...... 370,210 2,917.00 ...... 370,210 2,917.00 United States ...... Dollar ...... 933.00 ...... 933.00 Edward B. Gresser: Japan ...... Yen ...... 55,596 437.80 ...... 55,596 437.80 Philippines ...... Peso ...... 27,731.21 791.19 ...... 27,731.21 791.19 Brunei ...... Dollar ...... 824.82 521.38 ...... 824.82 521.38 Indonesia ...... Rupiah ...... 1,571,426 397.93 ...... 1,571,426 397.93 Thailand ...... Baht ...... 12,814 308.76 ...... 12,814 308.76 United States ...... Dollar ...... 4,043.00 ...... 4,043.00 William P. Lombardi: Japan ...... Yen ...... 37,970 299.00 ...... 37,970 299.00 Philippines ...... Peso ...... 26,114.40 745.06 ...... 26,114.40 745.06 Brunei ...... Dollar ...... 866.94 548.00 ...... 866.94 548.00 Indonesia ...... Rupiah ...... 1,950,800 494.00 ...... 1,950,800 494.00 Thailand ...... Baht ...... 19,920 480.00 ...... 19,920 480.00 United States ...... Dollar ...... 3,809.00 ...... 3,809.00 Joyce A. Rechtschaffen: Japan ...... Yen ...... 272,775 2,177.00 ...... 272,775 2,177.00 United States ...... Dollar ...... 1,010.00 ...... 1,010.00 Barbara W. Roberts: Japan ...... Yen ...... 379,700 2,990.00 ...... 379,700 2,990.00 United States ...... Dollar ...... 1,044.00 ...... 1,044.00

Total ...... 17,971.57 ...... 20,080.90 ...... 38,052.47 JOHN H. CHAFEE, Chairman, Committee on Environment and Public Works, Feb. 13, 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 FINANCE FOR TRAVEL FROM APR. 1 TO JUNE 30, 1997

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 Max Baucus: United States ...... Dollar ...... 1,788.95 ...... 1,788.95 Korea ...... Dollar ...... 832.00 ...... 832.00 China ...... Yuan ...... 1,515.24 183.00 ...... 1,515.24 183.00 Hong Kong ...... Dollar ...... 6,100 787.50 ...... 6,100 787.50 Edward Gresser: United States ...... Dollar ...... 1,788.95 ...... 1,788.95 Korea ...... Dollar ...... 832.00 ...... 832.00 China ...... Yuan ...... 1,515.24 183.00 ...... 1,515.24 183.00 Hong Kong ...... Dollar ...... 6,100 787.50 ...... 6,100 787.50 David Podoff: United States ...... Dollar ...... 993.10 ...... 993.10 Canada ...... Dollar ...... 207.90 154.00 ...... 207.90 154.00

Total ...... 3,759.00 ...... 4,571.00 ...... 8,330.00 WILLIAM V. ROTH, JR., Chairman, Committee on Finance, Nov. 6, 1997. S1170 CONGRESSIONAL RECORD — SENATE February 27, 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 OCT. 1 TO DEC. 31, 1997

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: India ...... Dollar ...... 150.00 ...... 150.00 Senator Christopher J. Dodd: United States ...... Dollar ...... 194.00 ...... 194.00 Senator Chuck Hagel: China ...... Yuan ...... 8,567.72 936.00 ...... 8,567.72 936.00 Senator John F. Kerry: Hong Kong ...... Dollar ...... 3,038 393.00 ...... 3,038 393.00 United Kingdom ...... Pound ...... 202 354.00 ...... 202 354.00 Senator Charles S. Robb: Bangladesh ...... Dollar ...... 201.00 ...... 201.00 Egypt ...... Dollar ...... 226.00 ...... 226.00 India ...... Dollar ...... 712.00 ...... 712.00 Japan ...... Dollar ...... 308.00 ...... 308.00 Nepal ...... Dollar ...... 31.00 ...... 31.00 Pakistan ...... Dollar ...... 125.00 ...... 125.00 Sri Lanka ...... Dollar ...... 196.00 ...... 196.00 United States ...... Dollar ...... 6,151.80 ...... 6,151.80 Senator Gordon H. Smith: Cyprus ...... Pound ...... 49.06 96.59 ...... 49.06 96.59 Greece ...... Drachma ...... 23,803.62 88.08 ...... 23,803.62 88.08 Turkey ...... Dollar ...... 591.00 ...... 591.00 United States ...... Dollar ...... 2,461.50 ...... 2,461.50 Senator Paul Coverdell: Guatamala ...... Dollar ...... 40.00 ...... 40.00 United States ...... Dollar ...... 1,328.00 ...... 1,328.00 Alex Albert: Guatemala ...... Dollar ...... 60.00 ...... 60.00 United States ...... Dollar ...... 1,475.00 ...... 1,475.00 Stephen E. Biegun: Austria ...... Dollar ...... 1,115.00 ...... 1,115.00 Hungary ...... Dollar ...... 494.00 ...... 494.00 United States ...... Dollar ...... 1,422.30 ...... 1,422,30 Stephen E. Biegun: Czech Republic ...... Dollar ...... 564.00 ...... 564.00 Poland ...... Dollar ...... 834.00 ...... 834.00 Germany ...... Dollar ...... 645.00 ...... 645.00 United States ...... Dollar ...... 3,835.50 ...... 3,835.50 Marshall Billingslea: Austria ...... Dollar ...... 570.00 ...... 570.00 Hungary ...... Dollar ...... 570.00 ...... 570.00 United States ...... Dollar ...... 1,355.60 ...... 1,355.60 Czech Republic ...... Dollar ...... 564.00 ...... 564.00 Poland ...... Dollar ...... 835.00 ...... 835.00 United States ...... Dollar ...... 2,669.00 ...... 2,669.00 Ellen Bork: Indonesia ...... Dollar ...... 1,235.00 ...... 1,235.00 Hong Kong ...... Dollar ...... 394.00 ...... 394.00 United States ...... Dollar ...... 4,848.00 ...... 4,848.00 Peter Cleveland: Egypt ...... Dollar ...... 226.00 ...... 226.00 India ...... Dollar ...... 712.00 ...... 712.00 Pakistan ...... Dollar ...... 125.00 ...... 125.00 Nepal ...... Dollar ...... 31.00 ...... 31.00 Bangladesh ...... Dollar ...... 201.00 ...... 201.00 Sri Lanka ...... Dollar ...... 196.00 ...... 196.00 Japan ...... Dollar ...... 308.00 ...... 308.00 United States ...... Dollar ...... 6,151.80 ...... 6,151.80 Peter Cleveland: Singapore ...... Dollar ...... 261.00 ...... 261.00 Indonesia ...... Dollar ...... 1,002.00 ...... 1,002.00 United States ...... Dollar ...... 4,888.00 ...... 4,888.00 Kate English: Germany ...... Dollar ...... 1,784.00 ...... 1,784.00 United States ...... Dollar ...... 1,037.90 ...... 1,037.90 Christine Erikastrup: Hong Kong ...... Dollar ...... 6,101.48 788.00 ...... 6,101.48 788.00 People’s Republic of China ...... Yuan ...... 3,105 375.00 ...... 3,105 375.00 Garrett Grigsby: Eritrea ...... Dollar ...... 900.00 ...... 900.00 United States ...... Dollar ...... 5,711.80 ...... 5,711.80 Michael Haltzel: Germany ...... Dollar ...... 440.00 ...... 440.00 Austria ...... Dollar ...... 570.00 ...... 570.00 United States ...... Dollar ...... 4,528.60 ...... 4,528.60 Kirsten Madison: Haiti ...... Gourde ...... 4,058 233.00 ...... 4,058 233.00 United States ...... Dollar ...... 716.00 ...... 716.00 Jamaica ...... Dollar ...... 348.00 ...... 348.00 United States ...... Dollar ...... 769.00 ...... 769.00 Patty McNerney: Japan ...... Yen ...... 227,820 1,794.00 ...... 227,820 1,794.00 China ...... Yuan ...... 8,567.72 936.00 ...... 8,567.72 936.00 United States ...... Dollar ...... 5,396.00 ...... 5,396.00 Roger Noriega: Mexico ...... Dollar ...... 315.00 ...... 45.00 ...... 360.00 United States ...... Dollar ...... 267.00 ...... 267.00 Kenneth Peel: Germany ...... Mark ...... 2,854.37 1,559.00 ...... 2,854.37 1,559.00 United States ...... Dollar ...... 2,649.00 ...... 2,649.00 Japan ...... Yen ...... 227,820 1,794.00 ...... 227,820 1,794.00 China ...... Yuan ...... 8,567.72 936.00 ...... 8,567.72 936.00 United States ...... Dollar ...... 5,396.00 ...... 5,396.00 Kurt Pfotenhauer: Turkey ...... Dollar ...... 591.00 ...... 591.00 Greece ...... Drachma ...... 56,105 207.60 ...... 56,105 207.60 Cyprus ...... Pound ...... 58.06 114.31 ...... 58.06 114.31 United States ...... Dollar ...... 2,461.50 ...... 2,461.50 Munro Richardson: China ...... Dollar ...... 585.00 ...... 585.00 North Korea ...... Dollar ...... 1,675.00 ...... 1,675.00 United States ...... Dollar ...... 4,159.00 ...... 4,159.00 Christina Rocca: Turkmenistan ...... Dollar ...... 482.00 ...... 116.00 ...... 598.00 Uzbekistan ...... Dollar ...... 688.00 ...... 688.00 February 27, 1998 CONGRESSIONAL RECORD — SENATE S1171 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 OCT. 1 TO DEC. 31, 1997—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

Kyrgystan ...... Dollar ...... 909.00 ...... 909.00 Turkey ...... Dollar ...... 258.00 ...... 258.00 United States ...... Dollar ...... 5,691.80 ...... 5,691.80 Nancy Stetson: Taiwan ...... Dollar ...... 33,410 1,035.00 ...... 33,410 1,035.00 Japan ...... Yen ...... 75,997 591.00 ...... 75,997 591.00 Hong Kong ...... Dollar ...... 2,898 375.00 ...... 2,898 375.00 United States ...... Dollar ...... 5,950.00 ...... 5,950.00 Chris Walker: Eritrea ...... Dollar ...... 950.00 ...... 950.00 Ethiopia ...... Dollar ...... 564.00 ...... 564.00 Germary ...... Dollar ...... 250.00 ...... 250.00 United States ...... Dollar ...... 5,711.80 ...... 5,711.80 Michael Westphal: Eritrea ...... Dollar ...... 950.00 ...... 950.00 Ethiopia ...... Dollar ...... 564.00 ...... 564.00 Kenya ...... Dollar ...... 1,175.00 ...... 1,175.00 United States ...... Dollar ...... 5,871.40 ...... 5,871.40 Elizabeth Wilson: Turkey ...... Dollar ...... 390.00 ...... 390.00 Greece ...... Drachma ...... 51,347 190.00 ...... 51,347 190.00 Cyprus ...... Pound ...... 60.95 120.00 ...... 60.95 120.00 United Kingdom ...... Dollar ...... 360.00 ...... 360.00 United States ...... Dollar ...... 4,448.50 ...... 4,448.50 Puneet Talwar: Bahrain ...... Dollar ...... 253.00 ...... 253.00 Saudi Arabia ...... Dollar ...... 246.00 ...... 246.00 Kuwait ...... Dollar ...... 794.00 ...... 794.00 Lebanon ...... Dollar ...... 200.00 ...... 200.00 Jordan ...... Dollar ...... 240.00 ...... 240.00 Israel ...... Dollar ...... 729.00 ...... 729.00 United States ...... Dollar ...... 5,218.50 ...... 5,218.50 Jim Greene: Japan ...... Dollar ...... 3,289.00 ...... 3,289.00 United States ...... Dollar ...... 5,428.00 ...... 5,428.00 Marc Thiessen: Czech Republic ...... Dollar ...... 564.00 ...... 564.00 Poland ...... Dollar ...... 834.00 ...... 834.00 United States ...... Dollar ...... 2,669.60 ...... 2,669.60

Total ...... 48,334.58 ...... 111,022.90 ...... 159,357.48

JESSE HELMS, Chairman, Committee on Foreign Relations, Feb. 13, 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 JULY 1 TO SEPT. 30, 1997

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

Elizabeth Kessler: United States ...... Dollar ...... 3,475.55 ...... 3,475.55 Kenya ...... Dollar ...... 1,100.00 ...... 1,100.00 Tanzania ...... Dollar ...... 400.00 ...... 400.00 Paul Matulic: Israel ...... Dollar ...... 1,137.00 ...... 1,137.00 United States ...... Dollar ...... 200.00 ...... 200.00 United States ...... Dollar ...... 1,749.95 ...... 1,749.95 Louis Dupart: United States ...... Dollar ...... 3,701.60 ...... 3,701.60 England ...... Pound ...... 413.33 670.00 ...... 413.33 670.00 France ...... Franc ...... 1,693.54 289.00 ...... 1,693.54 289.00 Belgium ...... Franc ...... 19,866 550.00 ...... 19,866 550.00

Total ...... 4,146.00 ...... 9,127.10 ...... 13,273.10

ORRIN HATCH, Chairman, Committee on the Judiciary, Feb. 11, 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, 1997

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

Louis Dupart: Haiti ...... Dollar ...... 225.00 ...... 225.00

Total ...... 225.00 ...... 225.00

ORRIN HATCH, Chairman, Committee on the Judiciary, Feb. 11, 1998. S1172 CONGRESSIONAL RECORD — SENATE February 27, 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 OCT. 1 TO DEC. 31, 1997

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

Christopher Straub ...... 647.25 ...... 579.22 ...... 1,226.47 Randall Schieber ...... 534.45 ...... 579.22 ...... 1,113.67 James Stinebower ...... 708.25 ...... 583.82 ...... 1,292.07 Senator Richard C. Shelby ...... 2,465.50 ...... 3,213.60 ...... 5,679.10 Taylor W. Lawrence ...... 3,805.50 ...... 3,213.60 ...... 7,019.10 Daniel Gallington ...... 1,184.30 ...... 4,501.60 ...... 5,685.90 Peter Flory ...... 2,214.00 ...... 4,501.60 ...... 6,715.60 Kenneth Myers ...... 290.00 ...... 5,263.80 ...... 5,553.80 Senator Richard Lugar ...... 220.00 ...... 5,263.80 ...... 5,483.80 Linda Taylor ...... 2,400.00 ...... 5,169.69 ...... 7,569.69 Arthur Grant ...... 960.00 ...... 4,526.00 ...... 5,486.00 Paul Doerrer ...... 2,465.50 ...... 3,213.60 ...... 5,679.10 James Wolfe ...... 1,429.00 ...... 4,007.40 ...... 5,436.40 Peter Dorn ...... 1,429.00 ...... 4,007.40 ...... 5,436.40 James Stinebower ...... 1,749.00 ...... 4,465.40 ...... 6,214.40 Emily Francona ...... 2,647.00 ...... 5,115.10 ...... 7,762.10 Lorenzo Goco ...... 2,647.00 ...... 5,115.10 ...... 7,762.10 Peter Flory ...... 2,647.00 ...... 5,115.10 ...... 7,762.10

Total ...... 30,442.75 ...... 68,435.05 ...... 98,877.80 RICHARD C. SHELBY, Chairman, Select Committee on Intelligence, Jan. 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), COMMISSION ON SECURITY AND COOPERATION IN EUROPE FOR TRAVEL FROM OCT. 1 TO DEC. 31, 1997

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 ...... 1,088.80 ...... 1,088.80 Poland ...... Dollar ...... 2,812.00 ...... 2,812.00 John Finerty: United States ...... Dollar ...... 1,088.80 ...... 1,088.80 Poland ...... Dollar ...... 1,368.00 ...... 1,368.80 Chadwick Gore: United States ...... Dollar ...... 3,670.00 ...... 3,670.00 Poland ...... Dollar ...... 906.14 ...... 906.14 Robert Hand: United States ...... Dollar ...... 1,624.95 ...... 1,624.95 Serbia-Montenegro ...... Dollar ...... 734.00 ...... 734.00 MIchael Hathaway United States ...... Dollar ...... 3,670.00 ...... 3,670.00 Poland ...... Dollar ...... 395.78 ...... 395.78 Janice Helwig: Austria ...... Dollar ...... 3,063.85 ...... 3,063.85 Turkey ...... Dollar ...... 208.00 ...... 208.00 Uzbekistan ...... Dollar ...... 2,153.00 ...... 2,153.00 Kyrgyzstan ...... Dollar ...... 648.00 ...... 648.00 Kazakstan ...... Dollar ...... 253.00 ...... 253.00 Austria ...... Dollar ...... 7,176.00 ...... 7,176.00 Poland ...... Dollar ...... 2,280.00 ...... 490.83 ...... 2,770.83 Austria ...... Dollar ...... 3,680.00 ...... 3,680.00 Denmark ...... Dollar ...... 552.00 ...... 539.00 ...... 1,091.00 Austria ...... Dollar ...... 736.00 ...... 736.00 Steny Hoyer: United States: ...... Dollar ...... 1,958.00 ...... 1,958.00 Denmark ...... Dollar ...... 798.00 ...... 798.00 Marlene Kaufmann: United States ...... Dollar ...... 1,958.00 ...... 1,958.00 Denmark ...... Dollar ...... 579.00 ...... 579.00 Karen Lord: United States ...... Dollar ...... 3,828.80 ...... 3,828.80 Poland ...... Dollar ...... 1,824.00 ...... 1,824.00 Ronald McNamara: United States ...... Dollar ...... 1,088.80 ...... 1,088.80 Poland ...... Dollar ...... 1,564.00 ...... 1,564.00 E. Wayne Merry: United States ...... Dollar ...... 1,088.80 ...... 1,088.80 Poland ...... Dollar ...... 3,963.87 ...... 3,963.87 Michael Ochs: United States ...... Dollar ...... 6,347.85 ...... 6,347.85 England ...... Dollar ...... 102.00 ...... 102.00 Turkey ...... Dollar ...... 416.00 ...... 416.00 Uzbekistan ...... Dollar ...... 2,016.00 ...... 2,016.00 Kyrgyzstan ...... Dollar ...... 648.00 ...... 648.00 Kazakstan ...... Dollar ...... 1,518.00 ...... 1,518.00 Erika Schlager: United States ...... Dollar ...... 3,824.30 ...... 3,824.30 Poland ...... Dollar ...... 2,736.00 ...... 2,736.00 Dorothy Douglas Taft: United States ...... Dollar ...... 1,088.80 ...... 1,088.80 Poland ...... Dollar ...... 2,401.95 ...... 2,401.95

...... Total ...... 42,468.74 ...... 36,419,58 ...... 78,888.32 ALFONSE D’AMATO, Chairman, Commission on Security and Cooperation in Europe, Dec. 19, 1997. February 27, 1998 CONGRESSIONAL RECORD — SENATE S1173 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 PRESIDENT PRO TEMPORE FROM JULY 1 TO SEPT. 30, 1997

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

Steve Benza: China ...... Dollar ...... 753.00 ...... 753.00 Hong Kong ...... Dollar ...... 788.00 ...... 788.00 Total ...... 1,541.00 ...... 1,541.00 STROM THURMOND, President Pro Tempore, Feb. 10, 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 OCT. 1 TO DEC. 31, 1997

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

Ian Brzezinski: Turkey ...... Dollar ...... 516.00 ...... 516.00 Azerbaijan ...... Dollar ...... 573.00 ...... 573.00 Kazakhstan ...... Dollar ...... 606.00 ...... 606.00 Uzbekistan ...... Dollar ...... 592.00 ...... 592.00 Turkmenistan ...... Dollar ...... 193.00 ...... 193.00 Norway ...... Dollar ...... 305.00 ...... 305.00 Senator William V. Roth, Jr.: Estonia ...... Dollar ...... 412.00 ...... 412.00 Germany ...... Dollar ...... 223.00 ...... 223.00 Portugal ...... Dollar ...... 206.00 ...... 206.00 Senator Robert Bennett: Estonia ...... Dollar ...... 369.00 ...... 369.00 Germany ...... Dollar ...... 223.00 ...... 223.00 Portugal ...... Dollar ...... 206.00 ...... 206.00 Kent Bonham: Germany ...... Dollar ...... 1,827.78 1,025.00 ...... 1,827.78 1,025.00 United States ...... Dollar ...... 1,037.90 ...... 1,037.90 Ian Brzezinski: Estonia ...... Dollar ...... 412.00 ...... 412.00 Germany ...... Dollar ...... 446.00 ...... 446.00 Total ...... 6,306.00 ...... 1,037.90 ...... 7,344.90 TRENT LOTT, h Majority Leader, Jan. 23, 1998.

ORDERS FOR MONDAY, MARCH 2, PROGRAM dress the importance of the issue of 1998 Mr. THOMAS. Mr. President, in con- NATO expansion. For almost a year’s Mr. THOMAS. Mr. President, I ask junction with the previous unanimous time now, I have expressed publicly, unanimous consent that when the Sen- consent agreements, Monday the Sen- both in this country and in Europe, my ate completes its business today, it ate will be in a period for morning deep reservations about the proposed stand in adjournment until 12 noon on business from 12 noon until 2 p.m. At 2 expansion of this alliance. I listened Monday, March 2, and immediately fol- p.m., the Senate will resume consider- carefully to a briefing about the re- lowing the prayer, the routine requests ation of S. 1173, the so-called ISTEA marks of my colleagues today, and I wish to associate myself with their re- through the morning hour be granted, legislation. It is hoped that the Senate marks because I think this body must and there be a period for morning busi- will be able to make good progress on spend whatever time it feels is nec- ness until 2 p.m., with the time equally this important legislation during Mon- essary to carefully analyze this ques- divided among the two leaders. day’s session. In addition, the Senate tion. The PRESIDING OFFICER. Without may consider any executive or legisla- NATO was put in place at a historic objection, it is so ordered. tive business cleared for floor action. moment in our history. I always credit f Therefore, rollcall votes are possible President Harry Truman for his fore- Monday after 5 p.m. UNANIMOUS CONSENT sight, together with that of others, re- f AGREEMENT—S. 1173 garding the importance of this wonder- ORDER FOR ADJOURNMENT ful, absolutely magnificent, military Mr. THOMAS. Mr. President, I ask alliance that has exceeded, in every unanimous consent that at the hour of Mr. THOMAS. Mr. President, if there way, the expectations of its founders. 2 p.m. on Monday, March 2, the Senate is no further business to come before Unquestionably, in this Senator’s resume consideration of S. 1173, the the Senate, I now ask that the Senate mind, and I think in the minds of ISTEA bill. stand in adjournment under the pre- many, we averted a military confronta- The PRESIDING OFFICER. Without vious order following the remarks of tion with the former Soviet Union as a objection, it is so ordered. Senator WARNER. consequence of the NATO treaty. I f The PRESIDING OFFICER. Without think that the basic tensions that ex- objection, it is so ordered. isted in Europe at that time exist RECORD TO REMAIN OPEN UNTIL 2 The Senator from Virginia is recog- today, although not at the same level P.M. TODAY nized. of intensity. Mr. THOMAS. Mr. President, I ask f There has always been a measure of unanimous consent that the RECORD instability between the major powers stay open until 2 p.m. today for the in- NATO EXPANSION MORATORIUM on the continent and indeed with Great troduction of legislation and the sub- CONDITION Britain. The United States has ful- mission of statements. Mr. WARNER. Mr. President I wish filled, I think, quietly, nevertheless ef- The PRESIDING OFFICER. Without to associate myself with other col- fectively, a strong, steady hand on objection, it is so ordered. leagues who have risen today to ad- those competitive forces amongst those S1174 CONGRESSIONAL RECORD — SENATE February 27, 1998 very ancient nations—certainly an- my opposition or an indication that I to the point where they can make a cient in terms of the 200-plus-year his- accept the accession of Poland, Hun- positive contribution to the security of tory of this country—as they have gary and the Czech Republic as a fait the alliance? NATO’s 10-year cost time struggled in terms of economic com- accompli. But I have had this amend- line indicates that NATO is planning petition and, indeed, tragically in mili- ment in mind, and I have spoken about on at least a decade of modernization tary confrontations in years past. it. I discussed it at length at the and integration efforts. Do we really My father served in World War I in Wehrkunde conference a few weeks ago want to add additional burdens to that France as a doctor. That was the first when I was privileged to be in the com- ambitious plan? time that the United States really re- pany of the Secretary of Defense and On a related issue, Thursday’s sponded militarily by going to that the delegation from the Senate that ‘‘Washington Post’’ carried an article continent. And then, of course, World was headed by Senator MCCAIN, one of entitled, ‘‘Poland Unable to Perform War II is very clear in the memories of our most valued Members in areas of All NATO Tasks.’’ Citing ‘‘budgetary all. So those are just two examples. national defense. I am not suggesting shortfalls,’’ the Polish Defense Min- So, Mr. President, I rise today as in that either of those persons share my istry announced that Poland would executive session to submit for the view, but I did at that time express it only be able to meet 70% of its ex- RECORD a condition that I will seek to very clearly to a number of persons at- pected military roles within NATO attach to the Resolution of Ratifica- tending that conference. upon accession. What is interesting tion, the U.S. Senate’s procedure under This condition does not affect the about this story is not the military the ‘‘advice and consent’’ clause of the three nations currently under consider- shortfalls—which many of us antici- U.S. Constitution, to facilitate the pro- ation for NATO membership—Poland, pated—but the fact that these short- posed NATO expansion. Hungary, and the Czech Republic. falls are being revealed as NATO is cur- I ask unanimous consent that the Rather it focuses on the future by re- rently going through the process of as- text of the condition be printed in the quiring a ‘‘strategic pause’’ of 3 years sessing the military capabilities of RECORD at this point. before proceeding with any further ex- these three nations and establishing There being no objection, the text of pansion of NATO membership. force goals for them. This is a process the amendment was ordered to be As to my reasons for opposition to which will not be completed until late printed in the RECORD, as follows: NATO expansion, I start from the basic spring or early summer—months after At the appropriate place in the resolution, premise that NATO has been the most the Senate is being asked to act on insert the following: successful military alliance in the his- these Protocols. ( ) UNITED STATES POLICY REGARDING FUR- tory of the United States, perhaps, in I am led to the inevitable conclusion THER EXPANSION OF NATO.—Prior to the date the history of the world. NATO has sur- that we are being asked to act on the of ratification of the Protocols by the United passed all of the expectations of its vital issue of NATO expansion in an in- States, the President shall certify to the founders, keeping peace in Europe for formation vacuum. In an October 1997 Senate that it is the policy of the United statement to the Senate Budget Com- States not to encourage, participate in, or almost 50 years and emerging victori- agree to any further expansion in the mem- ous in the cold war. In my view, NATO mittee, Susan Eisenhower addressed bership of the North Atlantic Treaty Organi- remains a vital, effective military alli- this issue with a frightening analogy: zation (NATO) for a period of at least three ance which will continue—in its ‘‘If ratification is to be voted on now or years beginning on the date of entry into present form—to be the bedrock of U.S. in the next session, it would be as if an force of the last of the Protocols to the security policy in Europe. air traffic control agent had cleared a North Atlantic Treaty on the Accession of In his biography, Harry Truman cited plane for take-off, knowing full well Poland, Hungary, and the Czech Republic to NATO, together with the Marshall that the crew on board had filed sev- enter into force. plan, as the greatest achievements of eral contradictory flight plans, didn’t Mr. WARNER. Mr. President, I would his Presidency. The Senate should not know when or if they’d pick up other like to thank my distinguished col- do anything to undermine his legacy or passengers, and weren’t even sure that league, Senator MOYNIHAN, from New the effectiveness of this great alliance. their landing gear worked.’’ York from being my principal co-spon- The condition I am introducing today Returning to my series of questions: sor. Throughout he has been a consist- is straightforward. It requires the How will the Russians react to the re- ent supporter of this objective and will President to certify ‘‘that it is the pol- ality of NATO expansion eastward? be the principal Member from the icy of the United States not to encour- While I agree that the Russians should other side of the aisle as I work this age, participate in, or agree to any fur- not be placed in a position of dictating amendment among our body. ther expansion in the membership of United States or NATO policy, we must Let me also say thanks for the very the North Atlantic Treaty Organiza- factor into this equation the reaction important contributions of Senator tion (NATO) for a period of at least of the only nation on earth that pos- BINGAMAN. He serves on the Senate three years’’ beginning on the date of sesses the military capability to de- Armed Services Committee with me. entry into force of the last of the Pro- stroy our nation. He is a broad-based thinker on national tocols of Accession of Poland, Hungary Will the American people support the security issues, and he will be joining and the Czech Republic. use of U.S. troops to defend Poland, us as we seek to get the support of our Why is this condition necessary? As- Hungary, the Czech Republic, and pos- colleagues. suming the Protocols of Accession are sibly more nations in Central and East- As I stated throughout last year, approved by all 16 nations, this condi- ern Europe? Or are our security com- 1997, and continuing this year, I pub- tion would give NATO an opportunity mitments being stretched too thin? licly have spoken here and in Europe to begin to integrate the first three Time alone will answer these ques- regarding my deep concerns over the new members and assess the impact of tions. We should not rush forward with proposed expansion of NATO by admit- this first round of expansion before a follow-on expansion round beginning ting Poland, Hungary, and the Czech proceeding to any future rounds. in April 1999, immediately after these Republic, which is the current pro- There are many unanswered ques- first three new members take their posal. tions concerning this first round of ex- seat at the table. We need to know the I believe these accessions are not in pansion. impact of this first round on the alli- the security interests of the NATO alli- What will the true costs of expansion ance and not allow ourselves to be ance. My detailed reasons against are be for current and new members? Esti- swayed by political reasons to rush to be found in earlier statements. mates have ranged from a low of $1.5 ahead, uninformed. In the course of the ratification de- billion over 10 years to a high of $125 I well remember the NATO debates of bate, I will work with colleagues in op- billion over the same timeframe. What the 1980’s when Senator Mansfield, position to the ratification of these is the U.S. share of this cost and will former majority leader, led the charge three nations. I view my amendment, our current allies fairly share the bur- to withdraw our troops from Europe. however, as supportive of our shared dens of expansion? Other picked up his mantle when he de- goals, and in no way should it be How long will it take for these new parted the Senate. Almost annually, viewed as a concession on my part in nations to modernize their militaries those of us who supported NATO were February 27, 1998 CONGRESSIONAL RECORD — SENATE S1175 summoned to come to the floor and de- caution into U.S. policy on this impor- this rush of schedule that we are on fend the U.S. troop commitment to tant issue. now. NATO. I fear that we could see a repeat I also want to add that in the course So I raise these issues today because of those times if we do not proceed cau- of my trip to Europe two weeks ago the distinguished chairman of the For- tiously with NATO expansion, and en- with the Secretary of Defense, we vis- eign Relations Committee, I under- sure that any expansion has the full ited Russia. We visited with the De- stand, intends to have a markup next support of the American people who fense Minister, Marshall Sergeyev, and week. I think, in fairness to him and to will ultimately bear the burden for the Foreign Minister, and we had a the colleagues on that committee and these added security commitments. very valuable session with about eight to other Senators, I and others should In a June 1997 report entitled, ‘‘NATO members of the Russian Duma. NATO express these concerns in a timely Expansion: A Bridge to the Nineteenth expansion was their No. 1 area of con- fashion today. Century,’’ Professor Michael cern regarding the relationship be- Mr. President, that concludes my re- Mandelbaum expressed these concerns tween the United States and Russia marks. in the following way: today. That relationship, in the minds I suggest the absence of a quorum. When the American public decides that an of many, is deteriorating—deteriorat- The PRESIDING OFFICER. The international commitment has been ex- ing at the very time when we are mak- clerk will call the roll. The legislative clerk proceeded to tended under false pretenses, or that such a ing a number of collaborative efforts to commitment is more expensive than its gov- call the roll. try to lessen not only tensions that ernment has promised, or that whatever the Mr. LIEBERMAN. Mr. President, I government has promised the cost of the still remain between our two nations ask unanimous consent that the order commitment is too high, it tends to with- but in furtherance of the recognition for the quorum call be rescinded. draw its support, which causes the commit- that the world can become a more The PRESIDING OFFICER. Without ment in question to collapse. peaceful and a more secure place if objection, it is so ordered. That is my biggest fear with NATO Russia and the United States join in Mr. LIEBERMAN. Mr. President, I expansion—that it could undermine the many areas to provide that peaceful se- also ask unanimous consent that I be American public’s support for NATO curity. permitted to speak for up to 10 min- itself. For example, Bosnia. Today there is utes, prior to adjournment. Under- I believe the 3-year timeframe con- a contingent of professional Russian standing, therefore, that I am all that tained in this condition is a reasonable military serving alongside U.S. forces stands between the Chamber and ad- one. It is long enough for NATO to and those of our allied nations. That is journment, I will try to speak less than have made a reasonable assessment of a most historic first. 10 minutes. the impact of the first round, but it is While in Russia with the Secretary of The PRESIDING OFFICER. Without not so long as to remove hope from fu- Defense, we went to visit facilities objection, it is so ordered. ture aspirants to NATO membership. which are utilizing moneys authorized f Many have advocated a longer morato- and appropriated by the U.S. Senate, rium. My good friend and former col- and Congress as a whole, again directed NYKESHA SALES league Sam Nunn, when he was still in towards lessening the tensions between Mr. LIEBERMAN. Mr. President, one the Senate, recommended a 10-year these two nations in the area of nu- of the great opportunities that comes pause between rounds. clear weapons. with having been elected a Member of Senator Nunn recently joined with We saw, for example, where American the U.S. Senate is to participate in de- Senator Baker, General Scowcroft, and taxpayer dollars paid for equipment liberations on this great floor. Not Alton Frye in an excellent op-ed re- which the Russians are now using to just, may I say, the discussions and de- garding NATO expansion entitled, dismantle, in accordance with frame- bates and votes on specific legislation, ‘‘NATO: A Debate Recast.’’ They join work of treaties, nuclear weapons in a but to participate in what we call here me in a call for caution on any further safe manner using technology which morning business, which I have always rounds of expansion. According to this originated here in the United States seen as the people’s forum, an oppor- article, ‘‘NATO should be the corner- and supplemented by technology in tunity to speak on events of the day, stone of an evolving security order in Russia. There is only really one major both public and, in some senses, those Europe . . . But a cornerstone is not a threat to the security of this country that are more personal. I would like to sponge. The function of a cornerstone that always hangs above all others; do that this morning. is to protect its own integrity to sup- that is, that Russia still possesses, and The subject involves athletics, but it port a wider security structure, not to for the foreseeable future will possess, also involves, I think, values. This will dissipate its cohesion by absorbing a nuclear arsenal that could devastate not be the first time that any Member members and responsibilities beyond our Nation. I am not suggesting in any of the Senate has spoken on the floor prudent limits.’’ They recommend a way that we are not making progress about athletics, particularly about a ‘‘definite, if not permanent, pause’’ in toward the lessening of tensions, but it team in his or her own home State. But the process of expansion. remains there. Of course, beneath that the circumstances that lead me to Former Secretaries Perry and Chris- is the threat of spreading knowledge stand today are somewhat different. In topher also recently joined the ranks of relating to weapons of mass destruc- my own home State of Connecticut, those urging caution regarding further tion. Much of that knowledge is leak- and it seems in many places across the expansion of the alliance. I do not want ing out of the former Soviet Union, Nation, there are discussions in news- to misrepresent their position—they today Russia, as to how to manufac- papers, in diners, on the radio, prob- clearly state that the door should re- ture those weapons. ably around the water cooler at the of- main open to membership for all Part- I think that we should address in the fice, about what happened on the nership for Peace nations. However, context of the expansion argument the UCONN women’s basketball team this they argue that ‘‘no additional nations concerns of the Russian Duma, or the week. Our great coach, Geno should be designated for admission Russian leadership, regarding this ex- Auriemma, coach of our No. 2 ranked until the three countries now in the pansion and how it might affect our re- University of Connecticut women’s NATO queue (Poland, Hungary and the lationship with Russia at this critical basketball team—and, I may say with Czech Republic) are fully prepared to point in time. some honesty and a certain amount of bear the responsibilities of membership This valuable NATO alliance has envy, the occupant of the chair hap- and have been fully integrated into the been with us for over a half a century. pens to come from the State where the alliance military and political struc- I don’t suggest that we spend the next No. 1 team is, Tennessee. But Coach tures.’’ While they do not endorse the half century considering this expansion Auriemma gave a most unusual gift, as idea of a mandated pause, they clearly issue, but certainly the several months it was put, to his All-America forward, believe that the process should be that we need can be allocated to the Nykesha Sales, who is also a native of slowed down. I agree. important debate that will take place the State of Connecticut. I urge my colleagues to join me in in this Chamber, maybe a time less As is known by most, with the help of this endeavor to inject an element of than several months, but certainly not the Villanova Wildcats, who UCONN S1176 CONGRESSIONAL RECORD — SENATE February 27, 1998 was playing on this occasion, the cause of the complex web of individual when they leave the school, graduate coaches, the referees, in fact even with dramas underneath the final score that and go on—and this, of course, is true the help and consent of Big East Com- keeps us riveted throughout the sea- throughout the country and important missioner Mike Tranghese, Coach sons and throughout the years. to remember—that they have a tend- Auriemma gave Nykesha Sales her Just as teams become families ency to call the coaches for advice place as an all-time leading scorer in among themselves when they are at about personal decisions in their lives. Connecticut women’s basketball his- their best, so do our favorite teams, in So there are lessons learned here and tory. fact, become our own extended fami- values exemplified. Perhaps these don’t That seems generous enough and lies. Former Connecticut women’s bas- receive as much attention as they positive enough, but, as my colleagues ketball star, current professional bas- should in the coverage of sports today. probably know, the record has been ketball star Rebecca Lobo perhaps said But, again, particularly at the college called into question. Although the box it best about the events of this week, level, I think that this is ultimately score lists those two points, they were when she said, ‘‘if the UCONN fam- what it is all about. obtained through an uncontested lay- ily’’—and I stress the family here— In this unusual act, Coach up that required the involvement and ‘‘doesn’t have a problem with it, why Auriemma, and everyone else who was consent, if you will, of every player on does everyone else?’’ In fact, this was a involved in this decision, I think, has the floor of that arena and of the University of Connecticut basketball not only done the right thing, but have coaches as well. record, a school record. reminded us that as much as we all Three days prior to that match, that There are obviously unforgettable share in the exultation of victory and basketball game against Villanova, moments in sports, moments when we the agony of defeat when it affects our Nykesha Sales ruptured her Achilles’ are all left full of pride, sometimes full team, that something else is going on tendon, thus ending her season and, of despair, disappointment. We in Con- which is that individual skills are since this is her senior year, her career necticut have had our share, like the being developed, that relationships are at the University of Connecticut, leav- extraordinary Tate George buzzer- being formed, that a kind of commu- ing her just two points short of the beater in the 1990 NCAA tournament, nity is being formed, that people ac- record as the all-time women’s basket- the same NCAA championship that the cept responsibility for one another, and ball scorer, a record that we all felt, same UCONN women’s basketball team that those values—as we have seen as who have watched this wonderful won in 1995. But I would say that the these players have left the University young woman with pride over these record that Nykesha Sales established of Connecticut and so many other col- last years—we all knew she deserved. this week joins that kind of high rank- lege programs around the country— This was heartbreaking news, not just ing of memorable and historic events those values, those relationships, that to her and her family but to the entire in Connecticut sports history. It’s true trust continues on beyond and after the team, to the coach, to fans throughout that Nykesha’s basket may not have competitive days. It leaves us, thrilled the State and I would guess fans of col- been the single greatest moment of her as we all are to follow our favorite lege basketball everywhere. So Coach athletic prowess, nonetheless it was a teams, with lessons that are ultimately Auriemma reacted as a human being remarkably profound moment of more lasting and certainly are pro- with a big heart, which he has; as a sportsmanship, of values, of team spir- foundly encouraging. So, perhaps it is great coach as well. He went to the it, of a sense of family that these only sports. Maybe we all make too extra effort to arrange a way for his teams at their best exemplify. much of it. But I wanted to rise to the star player to get that game-time bas- For those who would condemn or defense of a great coach, a great play- ket that she needed to establish her criticize a caring coach and a grateful er, a great program, a great team, and place in the University of Connecticut player for doing this, I really ask you tell them that I am proud of them. record books. to reconsider, again, beneath the box I would say, finally, and with all re- Since that moment, Tuesday night of score, the final tally, the thrill of vic- spect to the occupant of the chair, it is this week, Coach Auriemma has been tory or the agony of defeat, what these going to be hard for this UCONN wom- criticized by many who say that this sports, particularly at the college en’s basketball team to go on to the gift that he gave, which a lot of us feel level, can convey to those who partici- post-season competition without was not just a gift but something pate in them. I think we have a coach Nykesha Sales, who was their star. I Nykesha Sales earned over her extraor- here, and a player, who have exempli- know they are going to give it their dinary career at the University of Con- fied the very best in their careers. all, and I want to say to them that no necticut, somehow calls into question Coach Auriemma displayed a level of matter what happens in this NCAA the integrity of the game, that in some concern and, in fact, a kind of courage post-season competition, that as far as way it is another form of cheating, in doing what he did, and it exemplifies I am concerned—and I am sure I speak some have said surprisingly, and that the program that athletic director Lew for everybody in the State of Connecti- it in some way cheapens the record. Perkins has set up at the University of cut, regardless of what the results I rise today to say to my colleagues Connecticut, and that not only Coach are—this team and this coach, both on here in the Senate that I feel quite the Auriemma and the women’s team ex- the court and off, are winners. opposite. I think in this gesture, in this emplify but Coach Jim Calhoun on the I thank the Chair and I believe with act, Coach Auriemma, the coach of the men’s team do as well. These are fami- that and yielding of the floor, the Sen- Villanova team, and all the other play- lies. These two coaches are, in a way, ate will be adjourned. ers on the field, have reminded us that for the sake of those families, the fa- beneath the thrill of victory and the thers. They practice a kind of what f agony of defeat with which they and we some may call ‘‘tough love.’’ They de- all identify, sports can provide oppor- mand a lot of their players, but they ADJOURNMENT UNTIL MONDAY, tunities for values to be learned and for also give a lot back to those players. MARCH 2, 1998 lessons to be conveyed. Sports are a There are no two more competitive The PRESIDING OFFICER. The Sen- passion here in America. I yield to that coaches, no two more competitive ate, under the previous order, will passion myself. We find a way, over and teams; yet, underneath that, extraor- stand adjourned until noon, Monday, over, to take personally the things dinary personal relationships have de- March 2, 1998. that happen on courts and in stadiums veloped. I always take great pride and Thereupon, the Senate, at 12:43 p.m, around the country. The reason I think am moved by the stories of the UCONN adjourned until Monday, March 2, 1998, we are so attuned to these events is be- basketball players, men and women, at 12 noon. Friday, February 27, 1998 Daily Digest Senate ing conferees: Senators Lugar, Cochran, Coverdell, Chamber Action Harkin, and Leahy. Pages S1135±47 Routine Proceedings, pages S1133–S1176 Messages From the House: Page S1155 Measures Introduced: Three bills and one resolu- Measures Referred Page S1155 tion were introduced, as follows: S. 1691–1693, and Statements on Introduced Bills: Pages S1155±62 S. Res. 186. Page S1155 ISTEA Authorization: Senate resumed consider- Additional Cosponsors: Page S1162 ation of S. 1173, to authorize funds for construction Amendments Submitted: Pages S1163±64 of highways, for highway safety programs, and for Authority for Committees: Page S1164 mass transit programs, with a modified committee Additional Statements: Pages S1164±65 amendment in the nature of a substitute (Amend- ment No. 1676), taking action on amendments pro- Adjournment: Senate convened at 9:30 a.m., and posed thereto, as follows: Pages S1147±50, S1154 adjourned at 12:43 p.m.., until 12 noon, on Mon- Adopted: day, March 2, 1998. (For Senate’s program, see the Bond Amendment No. 1677 (to Amendment No. remarks of the Acting Majority Leader in today’s 1676), to require that, in funding natural habitat Record, on page S1173.) and wetland mitigation efforts related to Federal-aid highway projects, a preference be given, to the maxi- Committee Meetings mum extent practicable, to the use of certain mitiga- (Committees not listed did not meet) tion banks. Pages S1148±50 Senate will resume consideration of the bill on BUDGET REQUESTS Monday, March 2, 1998. Committee on Rules and Administration: Committee Agriculture Research, Extension, and Education held hearings on budget requests for fiscal year Reform Act—Conferees: The Senate disagreed to 1999, receiving testimony on behalf of funds for the amendment of the House to S. 1150, to ensure their respective operations from Earl A. Powell III, that federally funded agricultural research, extension, Director, National Gallery of Art; Michael F. and education address high-priority concerns with DiMario, Public Printer, Government Printing Of- national multistate significance, and to reform, ex- fice; and Daniel P. Mulhollan, Director, Congres- tend, and eliminate certain agricultural research pro- sional Research Service, Library of Congress. grams, agreed to the request of the House for a con- Committee will meet again on Wednesday, March ference thereon, and the Chair appointed the follow- 4. h House of Representatives Chamber Action Committee Meetings The House was not in session today. It will next No Committee meetings were held. meet on Monday, March 2.

D140 February 27, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D141 CONGRESSIONAL PROGRAM AHEAD March 5, Subcommittee on Labor, Health and Human Services, and Education, to hold hearings on proposed Week of March 2 through 6, 1998 budget estimates for fiscal year 1999 for the Department of Education, 9:30 a.m., SD–562. Senate Chamber March 5, Subcommittee on Treasury, Postal Service, During the week, Senate will continue consider- and General Government, to hold hearings on proposed budget estimates for fiscal year 1999 for the Internal ation of S. 1173, ISTEA Authorization, and may Revenue Service, Treasury Department, 9:30 a.m., consider any executive or legislative business cleared SD–192. for action. March 5, Subcommittee on Transportation, to hold (Senate will recess on Tuesday, March 3, 1998, from hearings to examine barriers to airline competition, 10 12:30 p.m. until 2:15 p.m. for respective party con- a.m., SD–124. ferences.) Committee on Armed Services: March 3, to hold hearings on proposed legislation authorizing funds for fiscal year Senate Committees 1999 for the Department of Defense and the future years (Committee meetings are open unless otherwise indicated) defense program, focusing on the military strategies and operational requirements of the unified commands, 10 Committee on Agriculture, Nutrition, and Forestry: March 5, to hold hearings to examine the global warming agree- a.m., SD–106. ment recently reached in Kyoto, Japan and its effect on March 3, Subcommittee on SeaPower, to hold open and the agricultural economy, 9 a.m., SR–332. closed hearings on proposed legislation authorizing funds Committee on Appropriations: March 3, Subcommittee on for fiscal year 1999 for the Department of Defense and Military Construction, to hold hearings on proposed the future years defense program, focusing on the budget estimates for fiscal year 1999 for Army and De- seapower threat-based requirement, 2:30 p.m., SR–222. fense programs, 9:30 a.m., SD–124. March 4, Subcommittee on Airland Forces, to hold March 3, Subcommittee on Energy and Water Devel- hearings to examine military transformation initiatives, opment, to hold hearings on proposed budget estimates 10 a.m., SR–222. for fiscal year 1999 for the Department of Energy, focus- March 4, Subcommittee on Readiness, to hold hearings ing on defense programs, 9:30 a.m., SD–116. on the ongoing competitions to determine the disposi- March 3, Subcommittee on Agriculture, Rural Devel- tions workloads currently performed at Sacramento and opment, and Related Agencies, to hold hearings on pro- San Antonio Air Logistics Centers, 10 a.m., SH–216. posed budget estimates for fiscal year 1999 for the Rural March 4, Subcommittee on Personnel, to hold hearings Utilities Service, Rural Housing Service, Rural Business- on proposed legislation authorizing funds for fiscal year Cooperative Service, and the Alternative Agricultural Re- 1999 for the Department of Defense and the future years search and Commercialization Center, all of the Depart- defense program, focusing on recruiting and retention ment of Agriculture, 10 a.m., SD–138. policies, 2 p.m., SR–222. March 3, 4 and 5, Subcommittee on Commerce, Jus- March 4, Subcommittee on Acquisition and Tech- tice, State, and the Judiciary, to hold hearings on pro- nology, to hold hearings on proposed legislation authoriz- posed budget estimates for fiscal year 1999, Tuesday, for ing funds for fiscal year 1999 for the Department of De- the Federal Bureau of Investigations, the Drug Enforce- fense and the future years defense program, focusing on ment Administration, and the Immigration and Natu- policies of the industrial and technology base supporting ralization Service, all of the Department of Justice, 10 national defense, 2 p.m., SR–232A. a.m.; Wednesday, for the Department of Commerce, 10 March 5, Full Committee, to hold open and closed a.m.; Thursday, for the National Oceanic and Atmos- (SR–222) hearings on the role of the Department of De- pheric Administration, Department of Commerce, and fense in countering the transnational threats of the 21st the Small Business Administration, 10 a.m.; S–146, Cap- itol. century, including terrorism, narco-trafficking, and weap- March 3, Subcommittee on Foreign Operations, to hold ons of mass destruction, 10 a.m., SH–216. hearings on proposed legislation making supplemental Committee on Banking, Housing, and Urban Affairs: appropriations for the International Monetary Fund for March 3, to hold hearings on S.1405, to provide for im- the fiscal year ending September 30, 1998, 10:30 a.m., proved monetary policy and regulatory reform in financial SD–192. institution management and activities, to streamline fi- March 4, Subcommittee on Defense, to hold hearings nancial regulatory agency action, and to provide for im- on proposed budget estimates for fiscal year 1999 for the proved consumer credit disclosure, 10 a.m., SD–538. Department of Defense, focusing on Air Force programs, Committee on Commerce, Science, and Transportation: March 10:30 a.m., SD–192. 3 and 5, to resume hearings to examine the scope and March 5, Subcommittee on VA, HUD, and Independ- depth of the proposed settlement between State Attorneys ent Agencies, to hold hearings on proposed budget esti- General and tobacco companies to mandate a total ref- mates for fiscal year 1999 for the Corporation for Na- ormation and restructuring of how tobacco products are tional and Community Service, and the Federal Emer- manufactured, marketed, and distributed in America, gency Management Agency, 9:30 a.m., SD–138. 9:30 a.m., SR–253. D142 CONGRESSIONAL RECORD — DAILY DIGEST February 27, 1998

March 5, Subcommittee on Science, Technology, and for advancements in tobacco-related research, and the de- Space, to hold hearings to examine the commercialization velopment of safer tobacco products, and to consider of space, 2 p.m., SR–253. pending nominations, 9:30 a.m., SD–430. Committee on Energy and Natural Resources: March 3, to March 5, Subcommittee on Children and Families, to hold hearings on the President’s proposed budget request hold hearings to examine after school child care options, for fiscal year 1999 for the Forest Service, Department of 10 a.m., SD–430. Agriculture, 9:30 a.m., SD–366. Committee on Rules and Administration: March 4, to hold March 4, Full Committee, to hold hearings on the hearings on S. 1578, to make available on the Internet, President’s proposed budget request for fiscal year 1999 for the purposes of access and retrieval by the public, cer- for the Department of Energy, 10 a.m., SD–366. tain information available through the Congressional Re- March 5, Full Committee, to hold hearings on the search Service web site, and on the fiscal year 1999 budg- President’s proposed budget request for fiscal year 1999 et request for the operation of the Library of Congress, for the Department of the Interior, 9:30 a.m., SD–366. and on proposed legislation authorizing funds for the Committee on Environment and Public Works: March 3, American Folklife Center, 9:30 a.m., SR–301. business meeting, to consider amendments to S. 1173, Committee on Veterans Affairs: March 3, to hold joint authorizing funds for construction of highways, for high- hearings with the House Committee on Veterans Affairs way safety, and for mass transit programs (ISTEA) (pend- to review the legislative recommendations of the Veterans ing in Senate), 9:30 a.m., SD–406. of Foreign Wars, 9:30 a.m., 345 Cannon Building. Committee on Foreign Relations: March 2, Subcommittee Committee on Indian Affairs: March 4, business meeting, on Near Eastern and South Asian Affairs, to hold hear- to mark up those provisions which fall within the com- ings to examine the current situation in Iraq, 2:45 p.m., mittee’s jurisdiction as contained in the President’s pro- SD–419. posed budget for fiscal year 1999 with a view towards March 3, Full Committee, business meeting, to con- making its recommendations to the Committee on the sider the Protocols to the North Atlantic Treaty of 1949 Budget; to be followed by a hearing on S. 1280, to pro- on the accession of Poland, Hungary, and the Czech Re- vide technical corrections to the Native American Hous- public, and to mark up S. Res. 174, to state the sense ing Assistance and Self-Determination Act of 1996. 9:30 of the Senate that Thailand is a key partner and friend a.m., SR–485. of the United States, has committed itself to executing Select Committee on Intelligence: March 4, to hold hearings its responsibilities under its arrangements with the Inter- to examine issues with regard to biological weapons national Monetary Fund, and that the United States threat to the United States, 2:30 p.m., SH–216. should be prepared to ensure continue close bilateral rela- tions, and H.R. 1116, to provide for the conveyance of House Chamber the reversionary interest of the U.S. in certain lands to the Clint Independent School District and the Fabens Monday, no legislative business. Independent School District, 2:15 p.m., SD–419. Tuesday, the House will meet at 12:30 p.m. for March 4, Subcommittee on East Asian and Pacific Af- morning hour and at 2:00 p.m. for consideration of fairs, to hold hearings to examine the World Trade Orga- Suspensions: nization film case and its ramifications for United States- NOTE: No recorded votes are expected before 5:00 Japan relations, 2 p.m., SD–419. p.m. March 5, Subcommittee on European Affairs and Sub- committee on Near Eastern and South Asian Affairs, to Wednesday and Thursday, Consideration of H.R. hold hearings to examine the conflict in the Caucasus, 2 856, United States-Puerto Rico Political Status Act p.m., SD–419. (Subject to a Rule); Committee on the Judiciary: March 3, to hold hearings to Consideration of H.R. 3130, Child Support Per- examine market power and structural change in the soft- formance and Incentive Act (Subject to a Rule); and ware industry, 10 a.m., SH–216. Consideration of H.R. 2369, Wireless Privacy En- March 4, Full Committee, to hold hearings to review hancement Act (Subject to a Rule). the national drug control strategy, 10 a.m., SD–226. March 4, Subcommittee on Antitrust, Business Rights, Friday, No recorded votes are expected. and Competition, to hold hearings on the implementation House Committees of the Telecommunications Act of 1996, focusing on sec- tion 271, 2 p.m., SD–226. Committee on Agriculture, March 3, Subcommittee on March 5, Subcommittee on Immigration, business Department Operations, Nutrition, and Foreign Agri- meeting, to consider pending calendar business, 2 p.m., culture, hearing to review legislation to reform informa- SD–226. tion technology procurement at the USDA to ensure year Committee on Labor and Human Resources: March 3, Sub- 2000 compliance; and to mark up H.R. 3280, USDA committee on Public Health and Safety, to hold hearings Year 2000 Compliance Enhancement Act, 9:30 a.m., to examine the United States’ response to infectious dis- 1300 Longworth. eases, 9:30 a.m., SD–430. March 4, full Committee, to mark up H.R. 2515, For- March 4, Full Committee, business meeting, to mark est Recovery and Protection Act of 1997, 10 a.m., 1300 up S. 1648, to provide for reductions in youth smoking, Longworth. February 27, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D143

March 5, Subcommittee on Forestry, Resource Con- Agencies, on Departmental Administration, the Chief Fi- servation, and Research, hearing to review the implemen- nancial Officer and the Chief Information Officer, 1 p.m., tation of the Environmental Quality Incentives Program, 2362–A Rayburn. 9:30 a.m., 1300 Longworth. March 5, Subcommittee on Commerce, Justice, State, Committee on Appropriations, March 3, Subcommittee on and Judiciary, on the FBI, 10 a.m., and on the Secretary Agriculture, Rural Development, Food and Drug Admin- of Commerce, 2 p.m., 2141 Rayburn. istration, and Related Agencies, on Rural Development, March 5, Subcommittee on Interior, on Congressional 1 p.m., 2362–A Rayburn. and Public Witnesses (Indian Programs), 10 a.m., and March 3, Subcommittee on Interior, on Congressional 1:30 p.m., B–308 Rayburn. and public witnesses (Natural Resources), 10 a.m., and March 5, Subcommittee on Labor, Health and Human 1:30 p.m., B–308 Rayburn. Services, and Education, on Centers for Disease Control March 3, Subcommittee on Labor, Health and Human and Prevention, 10 a.m., and on the Administration for Services, and Education, on the Secretary of Health and Children and Families and the Administration on Aging, Human Services, 10 a.m., and the Substance Abuse and 2 p.m., 2358 Rayburn. Mental Health Services Administration and the Inspector March 5, Subcommittee on Military Construction, on General, 2 p.m., 2358 Rayburn. the Quality of Life and Senior Enlisted from each Service, March 3, Subcommittee on Military Construction, on 9:30 a.m., B–300 Rayburn. Navy Construction, 1:30 p.m., B–300 Rayburn. March 5, Subcommittee on National Security, on FY March 3, Subcommittee on National Security, execu- 1999 Air Force Budget Overview, 10 a.m., 2212 Ray- tive, on U.S. Special Operations Command, 2 p.m., burn, and, executive, on FY 1999 Air Force Acquisition H–140 Capitol. Program, 1:30 p.m., H–140 Capitol. March 3, Subcommittee on Transportation, on the Sec- March 5, Subcommittee on Transportation, on the retary of Transportation, 10 a.m., 2158 Rayburn. Coast Guard, 10 a.m., 2358 Rayburn. March 3, Subcommittee on VA–HUD and Independ- March 5, Subcommittee on Treasury, Postal Service, ent Agencies, on FEMA, 9 a.m., and 12 p.m., H–143 and General Government, on Financial Management Serv- Capitol. ices, the Bureau of Engraving and Printing and the Mint, March 4, Subcommittee on Agriculture, Rural Devel- 10 a.m., 2359 Rayburn. opment, Food and Drug Administration, and Related March 5, Subcommittee on VA, HUD and Independ- Agencies, on Food, Nutrition and Consumer Services, 1 ent Agencies, on Community Development Financial In- p.m., 2362–A Rayburn. stitutions, 9 a.m., H–143 Capitol. March 4, Subcommittee on Commerce, Justice, State Committee on Banking and Financial Services, March 4, and Judiciary, on Federal Judiciary, 10 a.m., and on the Subcommittee on Financial Institutions and Consumer SBA, 2 p.m., H–309 Capitol. March 4, Subcommittee on Foreign Operations, Export Credit, hearing to Review the Proposed Rules Regarding Financing, and Related Programs, on the Secretary of the Management of Federal Agency Payments through State, 9:30 a.m., 2359 Rayburn. the Use of Electronic Funds Transfers ( EFT), 10 a.m., March 4, Subcommittee on Interior, on Congressional 2128 Rayburn. and Public Witnesses (Energy Programs), 10 a.m., and March 5, full committee, to mark up H.R. 3114, 1:30 p.m., B–308 Rayburn. International Monetary Fund Reform and Authorization March 4, Subcommittee on Labor, Health and Human Act of 1998, 10 a.m., 2128 Rayburn. Services, and Education, on Health Resources and Services Committee on the Budget, March 4, hearing on the State Administration 10 a.m., and on the Health Care Financ- of the Economy, 10 a.m., 210 Cannon. ing Administration and the Agency for Health Care Pol- Committee on Commerce, March 4, Subcommittee on En- icy and Research, 2 p.m., 2358 Rayburn. ergy and Power, hearing on the Kyoto Protocol and Its March 4, Subcommittee on Military Construction, on Economic Implications, 10 a.m., 2123 Rayburn. the Air Force, 9:30 a.m., B–300 Rayburn. March 5, Subcommittee on Finance and Hazardous March 4, Subcommittee on National Security, on Bal- Materials, hearing on H.R. 3000, Superfund Reform Act, listic Missile Defense, 10 a.m., and, executive, on the 10 a.m., 2322 Rayburn. U.S. Pacific Command/U.S. Forces Korea, 1:30 p.m., March 5, Subcommittee on Health and Environment, H–140 Capitol. hearing on the Tobacco Settlement, 10 a.m., 2123 Ray- March 4, Subcommittee on Transportation, on the Fed- burn. eral Highway Administration and the National Highway Committee on Education and the Workforce, March 3, Sub- Traffic Safety Administration, 10 a.m., 2358 Rayburn. committee on Employer-Employee Relations, hearing on March 4, Subcommittee on Treasury, Postal Service, the Future Direction of the EEOC, 10 a.m., 2175 Ray- and General Government, on Departmental Offices; and burn. the Treasury Inspector General, 2 p.m., 2359 Rayburn. March 4, Subcommittee on Postsecondary Education, March 4, Subcommittee on VA, HUD, and Independ- Training, and Life-Long Learning, to mark up H.R. 6, ent Agencies, on the Corporation for National and Com- Higher Education Amendments of 1998, 10 a.m., 2175 munity Service, 10 a.m., and 2:30 p.m., H–143 Capitol. Rayburn. March 5, Subcommittee on Agriculture, Rural Devel- March 5, Subcommittee on Postsecondary Education, opment, Food and Drug Administration, and Related Training and Life-Long Learning, hearing on Developing D144 CONGRESSIONAL RECORD — DAILY DIGEST February 27, 1998 a Consensus on Student Loan Interest Rates, 11 a.m., cerning the urgent need to establish a cease fire in Af- 2175 Rayburn. ghanistan and begin the transition toward a broad-based March 5, Subcommittee on Workforce Protections, to multiethnic government that observes international norms mark up the following bills: H.R. 2888, Sales Incentive of behavior, 2 p.m., 2255 Rayburn. Compensation Act; and H.R. 2327, Drive for Teen Em- March 5, Subcommittee on International Operations ployment Act, 9:30 a.m. 2261 Rayburn. and the Subcommittee on Africa, joint hearing on the Committee on Government Reform and Oversight, March 2, Ongoing Crisis in the Great Lakes, 1 p.m., 2172 Ray- Subcommittee on Government Management, Information burn. and Technology, hearing on the following measures: Gov- Committee on the Judiciary, March 3 and 4, to markup ernment Waste, Fraud, and Error Reduction Act of 1998; the following: H.R. 1704, Congressional Office of Regu- H.R. 2347, Federal Benefit Verification and Integrity latory Analysis Creation Act; H.J. Res. 78, proposing an Act; and H.R. 2063, Debt Collection Wage Information amendment to the Constitution of the United States re- Act of 1997, 1 p.m., 2247 Rayburn. garding religious freedom; H.R. 3117, Civil Rights Com- March 3, Subcommittee on Government Management, mission Act of 1998; H.R. 2589, Copyright Term Exten- Information and Technology, to mark up the following: sion Act; H.R. 2294, Federal Courts Improvement Act of Government Waste, Fraud, and Error Reduction Act of 1997; H.R. 2696, Vessel Hull Design Protection Act; 1998; H.R. 2347, Federal Benefit Verification and Integ- H.R. 1252, Judiciary Reform Act of 1997; H. Res. 372, rity Act; and H.R. 2063, Debt Collection Wage Informa- expressing the sense of the House of Representatives that tion Act of 1997; and H.R. 2883, Government Perform- marijuana is a dangerous and addictive drug and should ance and Results Act Technical Amendments of 1997, 1 not be legalized for medicinal use; H.R. 118, Traffic p.m., 2154 Rayburn. Stops Statistics Act of 1997; and Committee Budget March 5, Subcommittee on Government Management, Views and Estimates; and to consider other pending Information and Technology, hold a hearing on Oversight Committee business, 2 p.m., March 3 and 10 a.m., of the Federal Election Commission, 10 a.m., 2247 Ray- March 4, 2141 Rayburn. burn. March 5 and 6, Subcommittee on Commercial and Ad- March 5, Subcommittee on Human Resources, over- ministrative Law, hearings on the following: consumer sight hearing on Public Health 2000: Hepatitis C, the Si- bankruptcy issues in H.R. 3150, Bankruptcy Reform Act lent Epidemic, 10 a.m., 2203 Rayburn. of 1998; H.R. 2500, Responsible Borrower Protection Committee on House Oversight, March 3, to consider pend- Bankruptcy Act; and H.R. 3146, Consumer Lenders and ing business, 4:30 p.m., 1310 Longworth. Borrowers Bankruptcy Accountability Act of 1998, 10 March 5, to continue hearings on Campaign Reform, a.m., 2237 Rayburn. 10 a.m., 1310 Longworth. March 5, Subcommittee on Courts and Intellectual Committee on International Relations, March 4, hearing on Property, oversight hearing regarding mass torts and class H.R. 2870, Tropical Forest Protection Act, 10 a.m., action lawsuits, 10 a.m., 2226 Rayburn. 2172 Rayburn. March 5, Subcommittee on Immigration and Claims, March 4, Subcommittee on the Western Hemisphere, hearing on H.R. 2837, Naturalization Reform Act of hearing on the visit of His Holiness Pope John Paul II 1998, 9:30 a.m., B–352 Rayburn. to Cuba, an assessment of its impact on religious freedom Committee on National Security, March 3, Special Over- in Cuba to be followed by a markup on the following sight Panel on Morale, Welfare and Recreation, hearing measures: H. Con. Res. 222, expressing the sense of Con- on the resale system and CBO report implications, 2 gress, congratulating the former International Support p.m., 2212 Rayburn. and Verification Commission of the Organization of March 3, Subcommittee on Military Installations and American States (OAS–CIAV) for successfully aiding in Facilities, hearing on the Administration’s fiscal year the transition of Nicaragua from a war-ridden state into 1999 budget request for the military construction and a newly formed democracy and providing continued sup- military family housing programs of the Department of port through the recently created Technical Cooperation Defense, 10 a.m., 2212 Rayburn. Mission (OAS–TCM) which is responsible for helping to March 4 and 5, full Committee, hearings on the fiscal stabilize Nicaraguan democracy by supplementing insti- year 1999 National Defense authorization budget request, tution building, and H. Con. Res. 215, congratulating 9:30 a.m., 2118 Rayburn. the people of Co-operative Republic of Guyana for hold- March 4, Subcommittee on Military Procurement and ing multiparty elections, 1:30 p.m., 2172 Rayburn. Subcommittee on Military Research and Development, March 5, full Committee, hearing on the Administra- joint hearing on FY 1999 Department of Defense, em- tion’s Foreign Assistance Budget request for FY 1999, 10 phasis on Navy and Marine Corps modernization pro- a.m., 2172 Rayburn. grams, 2 p.m., 2118 Rayburn. March 5, Subcommittee on Asia and the Pacific, to March 5, Subcommittee on Military Procurement and mark up the following measures: H. Res. 364, urging the Subcommittee on Military Research and Development, to introduction and passage of a resolution on the human continue joint hearings on FY 1999 Department of De- rights situation in the People’s Republic of China at the fense, emphasis on Army modernization, 2 p.m., 2118 54th Session of the United Nations Commission on Rayburn. Human Rights; H. Res. 361, calling for free and impar- Committee on Resources, March 3, Subcommittee on Fish- tial elections in Cambodia; and H. Con. Res. 218, con- eries Conservation, Wildlife and Oceans, hearing on H.R. February 27, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D145

2973, Sportfishing and Boating Improvement Act of March 5, Subcommittee on Aviation, to markup H.R. 1997, 2 p.m., 1334 Longworth. 2843, Aviation Medical Assistance Act of 1997; followed March 5, full committee, oversight hearing on Endan- by a hearing on FAA’s modernization programs, 9 a.m., gered Species Act, 11 a.m., 1324 Longworth. 2167 Rayburn. Committee on Rules, March 3, to consider H.R. 856, to March 5, Subcommittee on Public Buildings and Eco- provide a process leading to a full self government for nomic Development, hearing on the General Services Ad- Puerto Rico, 2:30 p.m., H–312, the Capitol. ministration FY 1999 budget and related issues, 9 a.m., Committee on Science, March 4, oversight hearing on 2253 Rayburn. Math and Science Education I; Maintaining the Interest Committee on Veterans’ Affairs, March 5, Subcommittee of Young Kids in Science, 2 p.m., 2318 Rayburn. on Benefits, to markup the following bills: H.R. 3039, March 4, Subcommittee on Energy and Environment, Veterans’ Transitional Housing Opportunities Act of oversight hearing on FY 1999 Budget Authorization Re- quest: NOAA, 10 a.m., 2318 Rayburn. 1997; and H.R. 3211, to amend title 38, United States March 5, full committee, to consider pending Commit- Code, to enact into law eligibility requirements for burial tee business; to be followed by continuation of oversight at Arlington National Cemetery, H.R. 3212, to amend hearings on the Road From Kyoto—Part 3: State Depart- title 38, United States Code, to clarify enforcement of ment Overview, 12 p.m., 2318 Rayburn. veterans’ employment rights with respect to a State as an Committee on Small Business, March 3, hearing on the employer or a private employer, to extend veterans’ em- SBA’s fiscal year 1999 Budget and their annual perform- ployment and reemployment rights to members of the ance plan, 3 p.m., 2360 Rayburn. uniformed services employed abroad by United States March 4, Subcommittee on Regulatory Reform and Pa- companies, 10 a.m., 334 Cannon. perwork Reduction, hearing on the Regulatory Fairness Committee on Ways and Means, March 3, Subcommittee Program and the first annual Report to Congress submit- on Health, hearing on reports regarding Medicare pay- ted by the national Small Business Ombudsman, 2 p.m., ment policies, 12 p.m., 1100 Longworth. 311 Cannon. Committee on Transportation and Infrastructure, March 4, Joint Meetings Subcommittee on Coast Guard and Maritime Transpor- Joint hearing: March 3, Senate Committee on Veterans tation, hearing on the Administration’s FY 1999 budget request for the U.S. Coast Guard, 10 a.m., 2203 Ray- Affairs, to hold joint hearings with the House Committee burn. on Veterans Affairs to review the legislative recommenda- March 4, Subcommittee on Water Resources and Envi- tions of the Veterans of Foreign Wars, 9:30 a.m., 345 ronment, to markup H.R. 2727, Superfund Acceleration, Cannon Building. Fairness, and Efficiency Act, 10 a.m., 2167 Rayburn. D146 CONGRESSIONAL RECORD — DAILY DIGEST February 27, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Monday, March 2 2 p.m., Monday, March 2

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: No Legislative business. morning business (not to extend beyond 2 p.m.), Senate will resume consideration of S. 1173, ISTEA Authoriza- tion.

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