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

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, MARCH 13, 1998 No. 27 House of Representatives The House was not in session today. Its next meeting will be held on Monday, March 16, 1998, at 2 p.m. Senate FRIDAY, MARCH 13, 1998

The Senate met at 9:30 a.m. and was SCHEDULE The Senate resumed consideration of called to order by the President pro Mr. ROBERTS. On behalf of the ma- the concurrent resolution. tempore (Mr. THURMOND). jority leader, I announce that in a mo- Mr. ROBERTS. Mr. President, I ask ment the Senate will begin a rollcall for the yeas and nays. PRAYER vote on S. Con. Res. 78, a resolution re- The PRESIDING OFFICER. Is there a The Chaplain, Dr. Lloyd John garding Saddam Hussein. Following sufficient second? Ogilvie, offered the following prayer: the vote, the Senate will be in a period There is a sufficient second. The Lord is my shepherd, I shall not of morning business with Senator BEN- The yeas and nays were ordered. want....He restoreth my soul.—Psalm NETT being recognized for 45 minutes. The PRESIDING OFFICER. The 23:1–3. As announced last night, the Senate question is on agreeing to the concur- Dear Shepherd of our souls, we need may also begin consideration of S. 270, rent resolution, S. Con. Res. 78, as the rejuvenation and the renewal of the Texas low-level radioactive waste amended. The yeas and nays have been our souls. You have created them as legislation; S. 414, the international ordered. the ports of entry for Your Spirit, the shipping bill; or H.R. 2646, the A+ edu- The clerk will call the roll. places of Your residence within us, the cation bill. The legislative clerk called the roll. power-sources for our consciences. Finally, as a reminder, the majority Mr. NICKLES. I announce that the From within our souls, You shape our leader stated that all Senators should Senator from Wyoming (Mr. ENZI), the characters, mold our personalities, and anticipate one or two rollcall votes Senator from North Carolina (Mr. govern our values. Nothing is more im- during Monday’s session of the Senate. FAIRCLOTH), the Senator from Okla- portant than the care and cure of our Those would begin at approximately homa (Mr. INHOFE), the Senator from souls. 5:30 p.m. Vermont (Mr. JEFFORDS), the Senator Through Moses, You have taught us I thank all Senators for their atten- from Arizona (Mr. KYL), the Senator that, ‘‘You shall love the Lord your tion, and I yield the floor. from Arizona (Mr. MCCAIN) are nec- God with all your heart and with all f essarily absent. your soul and with all your Mr. FORD. I announce that the Sen- RESERVATION OF LEADER TIME strength.’’—Deut. 6:5. ator from Hawaii (Mr. INOUYE) is nec- And Jesus stirs our confession: ‘‘For The PRESIDING OFFICER (Mr. essarily absent. what will it profit a man if he gains the ALLARD). Under the previous order, the The PRESIDING OFFICER. Are there whole world, and loses his own soul? Or leadership time is reserved. any other Senators in the Chamber what will a man give in exchange for f who desire to vote? his soul?’’—Matthew 16:26. INDICTMENT AND PROSECUTION The result was announced, yeas 93, Dear Lord, take Your rightful resi- nays 0, as follows: dence as the Sovereign of our souls. OF SADDAM HUSSEIN [Rollcall Vote No. 32 Leg.] Then: Lead us in the paths of right- The PRESIDING OFFICER. Under YEAS—93 eousness for Your Name’s sake. Amen. the previous order, the Senate will now f proceed to a vote on S. Con. Res. 78, as Abraham Breaux Cochran Akaka Brownback Collins RECOGNITION OF THE ACTING amended, which the clerk will report. Allard Bryan Conrad The assistant legislative clerk read Ashcroft Bumpers Coverdell MAJORITY LEADER as follows: Baucus Burns Craig Bennett Byrd D’Amato The PRESIDENT pro tempore. The A concurrent resolution (S. Con. Res. 78) able acting majority leader, the distin- Biden Campbell Daschle relating to the indictment and prosecution Bingaman Chafee DeWine guished Senator from Kansas, is recog- of Saddam Hussein for war crimes and other Bond Cleland Dodd nized. crimes against humanity. Boxer Coats Domenici

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

S1907

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1908 CONGRESSIONAL RECORD — SENATE March 13, 1998 Dorgan Kempthorne Reid ruary 25, 1991, Iraq did fire 39 missiles on struction and inspections by international Durbin Kennedy Robb Israel in 18 separate attacks with the intent supervisors; Feingold Kerrey Roberts of making it a party to war and with the in- Whereas there is good reason to believe Feinstein Kerry Rockefeller tent of killing or injuring innocent civilians, that Iraq continues to have stockpiles of Ford Kohl Roth Frist Landrieu Santorum killing 2 persons directly, killing 12 people chemical and biological munitions, missiles Glenn Lautenberg Sarbanes indirectly (through heart attacks, improper capable of transporting such agents, and the Gorton Leahy Sessions use of gas masks, choking), and injuring capacity to produce such weapons of mass Graham Levin Shelby more than 200 persons; destruction, putting the international com- Gramm Lieberman Smith (NH) Whereas Article 146 of the Fourth Geneva munity at risk; Grams Lott Smith (OR) Convention states that persons committing Whereas, on February 22, 1993, the United Grassley Lugar Snowe ‘‘grave breaches’’ are to be apprehended and Nations Security Council adopted Resolution Gregg Mack Specter Hagel McConnell Stevens subjected to trial; 808 establishing an international tribunal to Harkin Mikulski Thomas Whereas, on several occasions, the United try individuals accused of violations of inter- Hatch Moseley-Braun Thompson Nations Security Council has found Iraq’s national humanitarian law in the former Helms Moynihan Thurmond treatment of Kuwaiti civilians to be in viola- Yugoslavia; Hollings Murkowski Torricelli tion of international humanitarian law; Whereas, on November 8, 1994, the United Hutchinson Murray Warner Whereas, in Resolution 665, adopted on Au- Nations Security Council adopted Resolution Hutchison Nickles Wellstone gust 25, 1990, the United Nations Security 955 establishing an international tribunal to Johnson Reed Wyden Council deplored ‘‘the loss of innocent life try individuals accused of the commission of NOT VOTING—7 stemming from the Iraqi invasion of Ku- violations of international humanitarian law Enzi Inouye McCain wait’’; in Rwanda; Faircloth Jeffords Whereas, in Resolution 670, adopted by the Whereas more than 70 individuals have Inhofe Kyl United Nations Security Council on Sep- been indicted by the International Criminal tember 25, 1990, it condemned further ‘‘the Tribunal for the former Yugoslavia in the The concurrent resolution (S. Con. treatment by Iraqi forces on Kuwait nation- Hague for war crimes and crimes against hu- Res. 78), as amended, was agreed to. als and reaffirmed that the Fourth Geneva manity in the former Yugoslavia, leading in AMENDMENT NO. 1934 TO THE PREAMBLE Convention applied to Kuwait’’; the first trial to the sentencing of a Serb (Purpose: To provide substitute language) Whereas, in Resolution 674, adopted by the jailer to 20 years in prison; The PRESIDING OFFICER. Under United Nations Security Council on October Whereas the International Criminal Tri- 29, 1990, the Council demanded that Iraq bunal for Rwanda has indicted 31 individuals, the previous order, amendment No. cease mistreating and oppressing Kuwaiti with three trials occurring at present and 27 1934, offered by the Senator from Penn- nationals in violation of the Convention and individuals in custody; sylvania, Mr. SPECTER, and the Senator reminded Iraq that it would be liable for any Whereas the United States has to date from North Dakota, Mr. DORGAN, is damage or injury suffered by Kuwaiti nation- spent more than $24 million for the Inter- agreed to. als due to Iraq’s invasion and illegal occupa- national Criminal Tribunal for the Former The amendment (No. 1934) was agreed tion; Yugoslavia and more than $20 million for the to as follows: Whereas Iraq is a party to the Prisoners of International Criminal Tribunal for Rwanda; War Convention and there is evidence and Whereas officials such as former President Strike out the preamble and insert the fol- testimony that during the Persian Gulf War, George Bush, Vice President Al Gore, Gen- lowing: Iraq violated articles of the Convention by eral Norman Schwarzkopf and others have Whereas the International Military Tri- its physical and psychological abuse of mili- labeled Saddam Hussein a war criminal and bunal at Nurenberg was convened to try indi- tary and civilian POW’s including members called for his indictment; and viduals for crimes against international law of the international press; Whereas a failure to try and punish leaders committed during World War II; Whereas Iraq has committed deliberate and other persons for crimes against inter- Whereas the Nuremberg tribunal provision and calculated crimes of environmental ter- national humanitarian law establishes a dan- which stated that ‘‘crimes against inter- rorism, inflicting grave risk to the health gerous precedent and negatively impacts the national law are committed by men, not be and well-being of innocent civilians in the value of deterrence to future illegal acts: abstract entities, and only by punishing indi- region by its willful ignition of over 700 Ku- Now, therefore, be it viduals who commit such crimes can the pro- waiti oil wells in January and February, The preamble, as amended, was visions of international law be enforced’’ is 1991; agreed to. as valid today as it was in 1946; Whereas President Clinton found ‘‘compel- The concurrent resolution (S. Con. Whereas, on August 2, 1990, without provo- ling evidence’’ that the Iraqi Intelligence cation, Iraq initiated a war of aggression Service directed and pursued an operation to Res. 78), as amended, with its pre- against the sovereign state of Kuwait; assassinate former President George Bush in amble, as amended, was agreed to, as Whereas the Charter of the United Nations April 1993 when he visited Kuwait; follows: imposes on its members the obligations to Whereas Saddam Hussein and other Iraqi S. CON. RES. 78 ‘‘refrain in their international relations from officials have systematically attempted to Whereas the International Military Tri- the threat or use of force against the terri- destroy the Kurdish population in Iraq bunal at Nurenberg was convened to try indi- torial integrity or political independence of through the use of chemical weapons against viduals for crimes against international law any state’’; civilian Kurds, campaigns in 1987–88 which committed during World War II; Whereas the leaders of the Government of resulted in the disappearance of more than Whereas the Nuremberg tribunal provision Iraq, a country which is a member of the 150,000 persons and the destruction of more which stated that ‘‘crimes against inter- United Nations, did violate this provision of than 4,000 villages, the placement of more national law are committed by men, not be the United Nations Charter; than 10 million landmines in Iraqi Kurdistan, abstract entities, and only by punishing indi- Whereas the Geneva Convention Relative and ethnic cleansing in the city of Kirkuk; viduals who commit such crimes can the pro- to the Protection of Civilian Persons in Whereas the Republic of Iraq is a signatory visions of international law be enforced’’ is Times of War (the Fourth Geneva Conven- to international agreements including the as valid today as it was in 1946; tion) imposes certain obligations upon a bel- Universal Declaration on Human Rights, the Whereas, on August 2, 1990, without provo- ligerent State, occupying another country International Covenant on Civil and Polit- cation, Iraq initiated a war of aggression by force of arms, in order to protect the ci- ical Rights, the Convention on the Preven- against the sovereign state of Kuwait; vilian population of the occupied territory tion and Punishment of the Crime of Geno- Whereas the Charter of the United Nations from some of the ravages of the conflict; cide, and the POW Convention, and is obli- imposes on its members the obligations to Whereas both Iraq and Kuwait are parties gated to comply with these international ‘‘refrain in their international relations from to the Fourth Geneva Convention; agreements; the threat or use of force against the terri- Whereas the public testimony of witnesses Whereas paragraph 8 of Resolution 687 of torial integrity or political independence of and victims has indicated that Iraqi officials the United Nations Security Council, adopt- any state’’; violated Article 27 of the Fourth Geneva ed on April 8, 1991, requires Iraq to ‘‘uncondi- Whereas the leaders of the Government of Convention by their inhumane treatment tionally accept the destruction, removal, or Iraq, a country which is a member of the and acts of violence against the Kuwaiti ci- rendering harmless, under international su- United Nations, did violate this provision of vilian population; pervision of all chemical and biological the United Nations Charter; Whereas the public testimony of witnesses weapons and all stocks of agents and all re- Whereas the Geneva Convention Relative and victims has indicated that Iraqi officials lated subsystems and components and all re- to the Protection of Civilian Persons in violated Articles 31 and 32 of the Fourth Ge- search, development, support, and manufac- Times of War (the Fourth Geneva Conven- neva Convention by subjecting Kuwaiti civil- turing facilities; tion) imposes certain obligations upon a bel- ians to physical coercion, suffering and ex- Whereas Saddam Hussein and the Republic ligerent State, occupying another country termination in order to obtain information; of Iraq have persistently and flagrantly vio- by force of arms, in order to protect the ci- Whereas in violation of the Fourth Geneva lated the terms of Resolution 687 with re- vilian population of the occupied territory Convention, from January 18, 1991, to Feb- spect to elimination of weapons of mass de- from some of the ravages of the conflict;

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1909 Whereas both Iraq and Kuwait are parties gated to comply with these international the resolution, as amended, was agreed to the Fourth Geneva Convention; agreements; to. Whereas the public testimony of witnesses Whereas paragraph 8 of Resolution 687 of Mr. STEVENS. I move to lay that and victims has indicated that Iraqi officials the United Nations Security Council, adopt- motion on the table. violated Article 27 of the Fourth Geneva ed on April 8, 1991, requires Iraq to ‘‘uncondi- The motion to lay on the table was Convention by their inhumane treatment tionally accept the destruction, removal, or and acts of violence against the Kuwaiti ci- rendering harmless, under international su- agreed to. vilian population; pervision of all chemical and biological Mr. BIDEN. Mr. President, I want to Whereas the public testimony of witnesses weapons and all stocks of agents and all re- commend Senator SPECTER for his and victims has indicated that Iraqi officials lated subsystems and components and all re- leadership in championing the resolu- violated Articles 31 and 32 of the Fourth Ge- search, development, support, and manufac- tion passed overwhelmingly by the neva Convention by subjecting Kuwaiti civil- turing facilities; Senate a short time ago. ians to physical coercion, suffering and ex- Whereas Saddam Hussein and the Republic Our action has put the Senate on termination in order to obtain information; of Iraq have persistently and flagrantly vio- record in support of establishing an Whereas in violation of the Fourth Geneva lated the terms of Resolution 687 with re- international commission and criminal Convention, from January 18, 1991, to Feb- spect to elimination of weapons of mass de- ruary 25, 1991, Iraq did fire 39 missiles on struction and inspections by international tribunal for the purpose of inves- Israel in 18 separate attacks with the intent supervisors; tigating, prosecuting, and ultimately of making it a party to war and with the in- Whereas there is good reason to believe punishing Saddam Hussein and other tent of killing or injuring innocent civilians, that Iraq continues to have stockpiles of Iraqi officials for genocide and crimes killing 2 persons directly, killing 12 people chemical and biological munitions, missiles against humanity. indirectly (through heart attacks, improper capable of transporting such agents, and the Through his genocidal campaigns use of gas masks, choking), and injuring capacity to produce such weapons of mass against the Kurds and the Shi’a, the more than 200 persons; destruction, putting the international com- brutal treatment of Kuwaiti civilians, Whereas Article 146 of the Fourth Geneva munity at risk; and the repeated use of chemical weap- Convention states that persons committing Whereas, on February 22, 1993, the United ‘‘grave breaches’’ are to be apprehended and Nations Security Council adopted Resolution ons, Saddam Hussein has earned his subjected to trial; 808 establishing an international tribunal to place as one of this century’s most odi- Whereas, on several occasions, the United try individuals accused of violations of inter- ous tyrants. Nations Security Council has found Iraq’s national humanitarian law in the former Perhaps the best documented case of treatment of Kuwaiti civilians to be in viola- Yugoslavia; Saddam’s genocidal policies is the infa- tion of international humanitarian law; Whereas, on November 8, 1994, the United mous Anfal campaign launched in Feb- Whereas, in Resolution 665, adopted on Au- Nations Security Council adopted Resolution ruary 1988 against Iraqi Kurdistan. The gust 25, 1990, the United Nations Security 955 establishing an international tribunal to purpose of Anfal was to break the back Council deplored ‘‘the loss of innocent life try individuals accused of the commission of of the Kurdish resistance using what- stemming from the Iraqi invasion of Ku- violations of international humanitarian law wait’’; in Rwanda; ever means necessary. Large tracts of Whereas, in Resolution 670, adopted by the Whereas more than 70 individuals have rural Kurdistan were declared off-lim- United Nations Security Council on Sep- been indicted by the International Criminal its and forcibly depopulated. Those tember 25, 1990, it condemned further ‘‘the Tribunal for the former Yugoslavia in the who remained were branded ‘‘traitors’’ treatment by Iraqi forces on Kuwait nation- Hague for war crimes and crimes against hu- and ‘‘saboteurs’’ and were systemati- als and reaffirmed that the Fourth Geneva manity in the former Yugoslavia, leading in cally liquidated during a ruthless six Convention applied to Kuwait’’; the first trial to the sentencing of a Serb and a half month campaign. Human Whereas, in Resolution 674, adopted by the jailer to 20 years in prison; Rights Watch estimates that, in all, be- United Nations Security Council on October Whereas the International Criminal Tri- 29, 1990, the Council demanded that Iraq bunal for Rwanda has indicted 31 individuals, tween 50,000 and 100,000 innocent civil- cease mistreating and oppressing Kuwaiti with three trials occurring at present and 27 ians were killed during Anfal. nationals in violation of the Convention and individuals in custody; On March 16, 1988—nearly ten years reminded Iraq that it would be liable for any Whereas the United States has to date ago to the day—Saddam unleashed a damage or injury suffered by Kuwaiti nation- spent more than $24,000,000 for the Inter- deadly cocktail of chemical weapons als due to Iraq’s invasion and illegal occupa- national Criminal Tribunal for the Former against the Kurdish town of Halabja. tion; Yugoslavia and more than $20,000,000 for the Wednesday’s Washington Post piece by Whereas Iraq is a party to the Prisoners of International Criminal Tribunal for Rwanda; Christine Gosden is a poignant re- War Convention and there is evidence and Whereas officials such as former President testimony that during the Persian Gulf War, George Bush, Vice President Al Gore, Gen- minder of the suffering that the inno- Iraq violated articles of the Convention by eral Norman Schwarzkopf and others have cent men, women, and children of its physical and psychological abuse of mili- labeled Saddam Hussein a war criminal and Halabja endure to this day as a result tary and civilian POW’s including members called for his indictment; and of that cowardly attack ten years ago. of the international press; Whereas a failure to try and punish leaders I ask unanimous consent that Dr. Whereas Iraq has committed deliberate and other persons for crimes against inter- Gosden’s account be printed in the and calculated crimes of environmental ter- national law establishes a dangerous prece- RECORD at the conclusion of my re- rorism, inflicting grave risk to the health dent and negatively impacts the value of de- marks. and well-being of innocent civilians in the terrence to future illegal acts: Now, there- The PRESIDING OFFICER. Without region by its willful ignition of over 700 Ku- fore, be it waiti oil wells in January and February, Resolved by the Senate (the House of Rep- objection, it is so ordered. 1991; resentatives concurring), That the President (See Exhibit 1.) Whereas President Clinton found ‘‘compel- should— Mr. BIDEN. The weak international ling evidence’’ that the Iraqi Intelligence (1) call for the creation of a commission response that followed Halabja Service directed and pursued an operation to under the auspices of the United Nations to emboldened Saddam. In August 1988, he assassinate former President George Bush in establish an international record of the launched his final offensive against April 1993 when he visited Kuwait; criminal culpability of Saddam Hussein and dozens of other villages, killing hun- Whereas Saddam Hussein and other Iraqi other Iraqi officials; dreds, and causing tens of thousands to officials have systematically attempted to (2) call for the United Nations to form an international criminal tribunal for the pur- flee to neighboring countries. A staff destroy the Kurdish population in Iraq report prepared for the Senate Foreign through the use of chemical weapons against pose of indicting, prosecuting, and impris- civilian Kurds, campaigns in 1987–88 which oning Saddam Hussein and any other Iraqi Relations Committee, based on inter- resulted in the disappearance of more than officials who may be found responsible for views with survivors, described the 150,000 persons and the destruction of more crimes against humanity, genocide, and atrocities in vivid detail: than 4,000 villages, the placement of more other violations of international humani- The bombs . . . did not produce a large ex- than 10 million landmines in Iraqi Kurdistan, tarian law; and plosion. Only a weak sound could be heard and ethnic cleansing in the city of Kirkuk; (3) upon the creation of a commission and and then a yellowish cloud spread out from Whereas the Republic of Iraq is a signatory international criminal tribunal, take steps the center of the explosion. . . . Those who to international agreements including the necessary, including the reprogramming of were very close to the bombs died almost in- Universal Declaration on Human Rights, the funds, to ensure United States support for ef- stantly. Those who did not die instantly International Covenant on Civil and Polit- forts to bring Saddam Hussein and other found it difficult to breathe and began to ical Rights, the Convention on the Preven- Iraqi officials to justice. vomit. The gas stung the eyes, skin and tion and Punishment of the Crime of Geno- Mr. KEMPTHORNE. Mr. President, I lungs of the villagers exposed to it. Many cide, and the POW Convention, and is obli- move to reconsider the vote by which suffered temporary blindness.

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1910 CONGRESSIONAL RECORD — SENATE March 13, 1998 After the bombs exploded, many villagers that the phrase has lost much of its imme- prostate and colon cancers. I am carrying ran and submerged themselves in nearby diacy and meaning. It has become, like ‘‘nu- out studies on a group of about 15 genes streams to escape the spreading gas.... clear devastation’’ and ‘‘chemical and bio- called tumor suppressor genes, which include Many of those who made it to streams sur- logical warfare,’’ an abstract term of govern- breast/ovarian cancer genes BRCA 1 and vived. Those who could not run from the mental memos, punditry and political de- BRCA 2 colon cancer genes and the growing smell, mostly the very old and the bate. For many it calls forth neither visual Retinoblastoma and Wilm’s tumor genes as- very young, died. The survivors who saw the imagery nor visceral revulsion. sociated with childhood cancers. When these dead reported that blood could be seen trick- Two Sundays ago, the TV program ‘‘60 genes are disrupted or mutate, they have a ling out of the mouths of some of the bodies. Minutes’’ got a good start on changing that number of effects. Alterations lead to con- A yellowish fluid could also be seen oozing when it broadcast the story of the Iraqi city genital abnormalities or pregnancy loss. out of the noses and mouths of some of the of Halabja 10 years after its civilian popu- Their role after birth is to try to prevent dead. Some said the bodies appeared frozen. lation had been the target of a chemical at- cancers from forming. Later in life, loss or Many of the dead bodies turned blackish tack by Saddam Hussein. That population is mutation may lead to infertility and can- blue. mainly Kurdish and had sympathized with cers. Iran during the Iran-Iraq war. The gassing of I was particularly concerned about the ef- Saddam’s outrageous act prompted its people was in retaliation for that sympa- fects on the women and children. Most of the only a muted response from the world thizing. previous reported exposures to chemical community. One of the few sounds of ‘‘60 Minutes’’ has given us permission to weapons and mustard gas had involved men protest came from this body, where make still pictures from the film, which was involved in military service; chemical weap- Senators Pell and HELMS promptly in- originally shot, both in 1988 and 1998, by the ons had never been used on this scale on a ci- troduced legislation to impose sanc- British film maker, Gwynne Roberts. The vilian population before. I was worried about ‘‘60 Minutes’’ staff also helped us to get in possible effects on congenital malformations against Iraq. tions, fertility and cancers, not just in The bill sailed through the Senate on touch with the remarkable Dr. Christine Gosden, a British medical specialist, whose women and children but in the whole popu- a voice vote, a day after it was intro- efforts to help the people of Halabja is docu- lation. I also feared that there might be duced. Unfortunately, the Reagan Ad- mented. Dr. Gosden, who went out to Halabja other major long-term effects, such as blind- ministration, still under the delusion 10 years after the bombing, agreed to write a ness and neurological damage, for which that it could deal with Saddam, de- piece for us, expanding on what she saw in there is no known treatment. What I found was far worse than anything Iraq. People around the world have seen the nounced the bill as ‘‘premature,’’ and I had suspected, devastating problems occur- evidence of deformity and mutation fol- later succeeded in blocking its enact- ring 10 years after the attack. These chemi- lowing from the nuclear bombing of Hiro- ment in the final days of the One Hun- cals seriously affected people’s eyes and res- shima and Nagasaki. It shaped their attitude dredth Congress. piratory and neurological systems. Many be- toward the use of atomic weapons. Maybe if came blind. Skin disorders which involve se- The Kurds are not the only victims of more evidence of the unimaginable, real-life vere scarring are frequent, and many Saddam’s atrocities. The ‘‘Marsh effects of chemical warfare becomes avail- progress to skin cancer. Working in conjunc- Arabs’’ of Southern Iraq have seen hun- able, a comparable attitude toward those dreds of their villages destroyed. They tion with the doctors in the area, I compared weapons will develop. the frequency of these conditions such as in- On the 16th of March 1988, an Iraqi military have been subjected to arbitrary fertility, congenital malformations and can- strike subjected Halabja, a Kurdish town of killings and forcibly relocated. The cers (including skin, head, neck, respiratory 45,000 in northern Iraq, to bombardment with mainstay of their ancient culture—the system, gastrointestinal tract, breast and the greatest attack of chemical weapons ever childhood cancers) in those who were in marshes of Southern Iraq—have been used against a civilian population. The Halabja at the time with an unexposed popu- drained so that military operations can chemical agents used were a ‘‘cocktail’’ of lation from a city in the same region. We be carried out against them and other mustard gas (which affects skin, eyes and rebels with greater ease. found the frequencies in Halabja are at least the membranes of the nose, throat and three to four times greater, even 10 years In addition to terrorizing his own lungs), and the nerve agents sarin, tabun and after the attack. An increasing number of citizens, Saddam Hussein has un- VX. The chemicals to which the people were children are dying each year of leukemias leashed his wrath against Iraq’s neigh- exposed drenched their skin and clothes, af- and lymphomas. The cancers tend to occur bors on numerous occasions. He used fected their respiratory tracts and eyes and in much younger people in Halabja than else- contaminated their water and food. where, and many people have aggressive tu- chemical weapons repeatedly during Many people simply fell dead where they mors, so that mortality rates are high. No the Iran-Iraq War in clear violation of were, immediate casualties of the attack es- the 1925 Geneva Convention. His troops chemotherapy or radiotherapy is available in timates put these deaths at about 5,000. A this region. raped and murdered with impunity dur- few were given brief and immediate treat- I found that there was also a total lack of ing the occupation of Kuwait. And he ment, which involved taking them to the access to pediatric surgery to repair the has rained scud missiles on the civilian United States, Europe and Iran. The major- major heart defects, hare lip and cleft palate populations of Bahrain, Saudi Arabia, ity of them returned to Halabja. Since then, or other major malformations in the chil- Iran, and Israel. no medical team, either from Iraq, Europe or dren. This meant that children in Halabja America or from any international agency are dying of heart failure when children with It is high time that the international has monitored either the short- or long-term community stop looking the other way the same heart defects could have had sur- consequences of this chemical attack. gery and would probably have survived in when presented with these blatant Gwynne Roberts, a film director, made the Britain or the United States. It was agoniz- crimes against humanity. It is time to award-winning film ‘‘The Winds of Death’’ ing for me to see beautiful children whose systematically compile the evidence of about the attack in 1988. I saw this film, and faces were disfigured by hare lip and cleft Saddam Hussein’s atrocities and under- it had a tremendous effect on me. Gwynne palate when I know that skilled and gifted take criminal proceedings to deliver revisited Halabja in 1997 and was concerned surgeons correct these defects every day in the punishment that he so richly de- that many of the survivors seemed very ill. North America and Europe. He could not understand why no one had serves. The neuropsychiatric consequences are tried to find out what was happening to seen as human tragedy on every street, in al- Our action in passing this resolution them. He convinced me that this was some- most every house and every ward of the hos- presents a challenge to the inter- thing I had to do. pital. People weep and are in great distress national community to join the United Why would a female professor of medical because of their severe depression, and suici- States in putting the wheels of justice genetics want to make a trip like this? I dal tendencies are alarmingly evident. The into motion. went to learn and to help. This was the first surgeons often have to remove bullets from We should not underestimate the dif- time that a terrible mixture of chemical people who have failed in their suicide at- ficulty of physically delivering Saddam weapons had been used against a large civil- tempts. In collecting data from the Martyrs ian population. I wanted to see the nature Hussein to a tribunal, but it would be Hospital in Halabja, the doctors said that and scale of the problems these people faced, they are not able to see patients with psy- unconscionable to abandon the quest and was concerned that in the 10 years since chiatric and neurological conditions because for justice. Silence and inaction would the attack no one, including the major aid there is a lack of resources and there is no be a grave injustice to the hundreds agencies, had visited Halabja to determine effective treatment. Many people have neu- upon thousands of his victims. exactly what the effects of these weapons rological impairment or long-term neuro- [From the Washington Post, Mar. 11, 1998] had been. muscular effects. Most people cannot afford My medical specialty was particularly apt. even the cheapest treatment or drugs and so WHY I WENT, WHAT I SAW My principal field of research is directed to- are reluctant to come to the hospital. At (By Christine Gosden) ward trying to understand the major causes present, even for those with life-threatening We have all talked so long and so reflex- of human congenital malformations, infer- conditions, there is no effective therapy for ively about ‘‘weapons of mass destruction’’ tility and cancers including breast, ovarian, any of these conditions in Halabja.

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1911 On the first day of my visit to the labor the entrance to Halabja is based on that pic- amounts of military forces to the and gynecological ward in the hospital, there ture. This is not a traditional statue of Gulf—each time further eroding inter- were no women in normal labor and no one someone standing proud and erect, captured national cohesion, costing American had recently delivered a normal baby. Three in stone or bronze to represent man trium- taxpayers billions of dollars, and weak- women had just miscarried. The staff in the phant and successful, but of a man prostrate labor ward told of the very large proportion and agonized dying in the act of trying to ening our ability to defend other inter- of pregnancies in which there were major protect his children. A deep and lasting chill ests. Then, at the last moment, Sad- malformations. In addition to fetal losses went through me when I entered the town dam promises to behave within certain and perinatal deaths, there is also a very and saw the statue, and it settled like a parameters which he negotiates. Later, large number of infant deaths. The fre- toxic psychological cloud over me. This at a time of his choosing, he tests quencies of these in the Halabjan women is proved hard to dispel; it intensified as I met those parameters and another round of more than four times greater than that in the people, heard their stories and saw the military buildup and feverish hand- the neighboring city of Soulemaneya. The extent of the long-term illnesses caused by wringing among the world’s diplomats findings of serious congenital malformations the attack. The terrible images of the people with genetic causes occurring in children of Halabja and their situation persist and begins. born years after the chemical attack suggest recur in my nightmares and disturb my wak- Mr. President, Saddam is pretty that the effects from these chemical warfare ing thoughts. Perhaps these thoughts persist much calling the shots. This is far too agents are transmitted to succeeding genera- so vividly as a reminder to me that the serious a business for us to settle for tions. major task is now to try and get help for such little administration planning as Miscarriage, infant deaths and infertility these people. we have seen. Iraqi weapons of mass de- mean that life isn’t being replenished in this Mr. THOMPSON. Mr. President, to- struction are quite real, and quite community, as one would expect if these weapons had no long-term effects. The people day’s vote for prosecuting Saddam Hus- deadly, but our posture against this hoped that after the attack they could re- sein as a war criminal is important for threat is almost entirely reactive. We build the families and communities that had at least two reasons. First, it high- engage in a loose strategy of contain- been destroyed. The inability to do so has led lights again the outrageous and mur- ment, running pretty much on auto- to increasing despair. Their lives and hopes derous actions Saddam Hussein has pilot, until Saddam decides to chal- have been shattered. One survivor described taken over the past seven years. Sec- lenge the status quo. Then we hear a being in a cellar with about a hundred other ond, it injects new thinking into the lot of hot rhetoric about ‘‘a modern people, all of whom died during the attack. U.S. approach toward Iraq—something Hitler’’ and ‘‘grave consequences’’ ac- Not only do those who survived have to cope with memories of their relatives suddenly that has been sorely lacking. companied by military deployments. dying in their arms, they have to try to Much commentary has been offered But after a flurry of diplomatic activ- come to terms with their own painful dis- among the general public—and in this ity, Americans are told there can be eases and those of their surviving friends and body—about the wisdom of the latest ‘‘peace in our time.’’ Mr. President, I relatives. deal between U.N. Secretary General am reminded of the boy who cried wolf, For instance, many people have more than Kofi Annan and Saddam Hussein. Much and I would remind the Administration one major condition, including respiratory of this commentary has focused on that they can only go to the well so problems, eye conditions, neurological dis- whether or not that agreement is a orders, skin problems, cancers and children many times before the American peo- with congenital malformations and child- ‘‘good’’ one—one that will really curb ple—and the rest of the world—ceases hood handicaps such as mental handicap, Saddam. In my view, this question is to take them seriously on this matter. cerebral palsy and Down’s syndrome. The oc- misdirected. Almost certainly, the lat- Our credibility is one of our first currences of genetic mutations and carcino- est deal will do little but buy time. As lines of defense. We don’t make idle genesis in this population appear comparable long as Saddam possesses weapons of threats or rattle sabers—or rather, we with those who were one to two kilometers mass destruction, there’s going to be shouldn’t make such threats. Other- from the hypocenter of the Hiroshima and another showdown somewhere down wise, this roller coaster of inter- Nagasaki atomic bombs and show that the the road. So the real question becomes national gamesmanship ends up put- chemicals used in this attack, particularly mustard gas, have a general effect on the what we are going to do in the mean- ting dents in our credibility, and that’s body similar to that of ionizing radiation. time to develop a comprehensive, long- destructive to our security. And rather Ten years after the attack, people are suf- term policy to protect our interests than advancing America’s security and fering a wide spectrum of effects, all of even as Saddam uses the time to fur- our interests in the Middle East, this which are attributable to long-term damage ther build up his arsenal and weaken cycle of military build-up and appease- to DNA. A radio broadcast was made the day international resolve. Trying Saddam ment plays right into Saddam’s hands. before our arrival to ask people who were ill for war crimes could be a step in that Our foreign policy needs to be made to come to the hospital to record their prob- firmly and unequivocally by the Presi- lems. On the first day, 700 people came; 495 of direction. them had two or more major problems. The There is little doubt in most Ameri- dent with the discrete counsel of Con- cases we encountered were extremely sad. can’s minds that Saddam Hussein nego- gress. Instead of forceful leadership in The people of Halabja need immediate tiated the latest agreement to his own this matter, we have seen the adminis- help. There is a need for specialists (such as advantage. His standard M–O is to tration attempt to insulate itself from pediatric surgeons), equipment and drugs. agree to some set of conditions, set the consequences that might come Even more basic than this, though, is the himself up in the court of world opin- from a conflict with Iraq by staging need for heat, clean water and careful efforts ion as some sort of victim, and then public relations opportunities. The fi- to safeguard them against further attacks. We have to realize that there is very little violate the agreements when it’s ad- asco at Ohio State University marked medical or scientific knowledge about how vantageous for him to do so. He weak- a new low. Mr. President, this nation’s to treat the victims of a chemical weapons ens the international coalition arrayed foreign policy should not be set on the attack like this effectively. We need to lis- against him by creating, and then ex- basis of pep rallies. When Americans ten, think and evaluate with skill, since panding, gray areas in the interpreta- are sent to war, it must be done on the many of these people have had exposures to tion of international agreements in an basis of sober and rational decisions. strange combinations of toxic gases. They effort to keep his most coveted weap- Sadly, it appears that for this adminis- have conditions that have not been seen or ons, while wiggling out of the economic tration, we’ve reached the point where reported before. We may severely disadvan- tage a large group of vulnerable people and sanctions imposed against his coun- stagecraft has replaced statecraft. deny them effective diagnosis and treatment try—a strategy which, I am sorry to Americans are uneasy with the lack if we are intellectually arrogant and fail to say, has worked pretty well for him so of a comprehensive plan for Iraq. admit that we have virtually no knowledge far. Untended sanctions, followed by mili- about how to treat the problems resulting So far, Saddam Hussein has been in tary build-ups, followed by a return to from these terrible weapons, which have control of the situation. He decides sanctions, do not constitute a serious been used to more powerful and inhumane ef- what disputes arise and when they foreign policy. The President needs to fect than ever before. come about. And because the United take action, and he needs to make the The pictures beamed around the world after the attack in 1988 in newspapers and on States has developed no creative alter- case for that action confidently and TV were horrifying. One picture was of a fa- natives to direct conflict, and because truthfully to the American people, and ther who died trying to shield his twin sons we have few international supporters, then he needs to carry out exactly from the attack. The statue in the road at Saddam forces the U.S. to deploy large what he says he’ll do.

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1912 CONGRESSIONAL RECORD — SENATE March 13, 1998 Mr. President, Saddam Hussein is a that kind of risk. And we will have no has permitted them to make, that de- brutal authoritarian who oppresses the excuse for our position if the adminis- spite his pledges at the conclusion of Iraqi people, menaces his neighbors, tration comes to these crossroads the war that no further work would be and threatens the international com- again in six months or a year no better done in these weapons of mass destruc- munity by developing weapons of mass equipped—and with no better plan- tion programs, and that all prior work destruction and potentially inter- ning—than we have just seen. and weapons that resulted from it rupting oil trade. Sadly, the United We must stand up to Saddam with would be destroyed, this work has con- States currently has only two options confidence, clear goals, and resolute tinued illegally and covertly. for confronting him, both of them poor purpose. And we have to do it soon, or And, Mr. President, we have every choices: (1) maintaining sanctions and the time bought by the latest agree- reason to believe that Saddam Hussein continuing diplomacy in an environment will be solely to Saddam’s advan- will continue to do everything in his ment of eroding international support, tage. power to further develop weapons of and; (2) launching military strikes, Mr. KERRY. Mr. President, I con- mass destruction and the ability to de- which Saddam has thus far been able to gratulate the Senator from Pennsyl- liver those weapons, and that he will withstand. vania for introducing this resolution, use those weapons without concern or Obviously, Americans are always which I supported when it was consid- pangs of conscience if ever and when- glad when loss of life can be avoided, ered by the Committee on Foreign Re- ever his own calculations persuade him and there’s no question that military lations and again supported on the vote it is in his interests to do so. strikes would have cost lives. But if by just taken. Saddam Hussein has not limited his putting off a confrontation with Sad- Our world has come a long way since unspeakable actions to use of weapons dam we have enabled him to grow the dawn of civilization. As human of mass destruction. He and his loyal- stronger and perhaps emboldened him beings have evolved biologically and ists have proven themselves quite com- to use chemical or biological weapons eventually socially, we have come to fortable with old fashioned instru- somewhere in the world, then delaying realize that we can safely and happily ments and techniques of torture—both strikes will have been short-sighted live together on this globe only if we physical and psychological. During the with tragic consequences for many, abide by certain rules of behavior. The Iraqi invasion of Kuwait, Kuwaiti many innocent people. Given the lack course of civilization is, in large meas- women were systematically raped and of a comprehensive strategy for dealing ure, the history of humankind’s in- otherwise assaulted. The accounts of with Iraq, however, the result of creasing and increasingly sophisticated the torture chambers in his permanent strikes would have been a collapse of efforts to define acceptable and unac- and makeshift prisons and detention any remaining international coopera- ceptable behavior—for individuals, facilities are gruesome by any meas- tion on Iraq, the end of weapons inspec- groups, and nations, and our successes ure. tions, a politically strengthened Sad- and failures to abide by those defini- Mr. President, Saddam Hussein’s ac- dam Hussein, and the continuation of tions and the consequences of those tions in terrorizing his own people and Iraq’s WMD program. At least the cur- successes and failures. in using horrible weapons and means of rent agreement buys time. It’s now up Other Senators, Mr. President, par- torture against those who oppose him, to the Administration to use this win- ticularly the resolution’s principal be they his own countrymen and dow of opportunity to develop better sponsor and a key cosponsor, the Sen- women or citizens of other nations, col- options for the next time Saddam be- ator from North Dakota [Mr. DORGAN], lectively comprise the definition of comes belligerent. have set forth in considerable detail crimes against humanity. Building an international record of the bill of particulars against the dic- I have spoken before this chamber on war crimes against Iraqi leaders could tator of Iraq. Those include docu- several occasions to state my belief be one way to expand options for deal- mented chemical weapons attacks that the United States must take every ing with Iraq. Members of this body against Iranian troops and civilians in feasible step to lead the world to re- have also suggested other ideas like the Iran-Iraq War. They include chem- move this unacceptable threat. He supporting an Iraqi opposition; devel- ical weapons attacks against Kurds in must be deprived of the ability to in- oping, in cooperation with our Middle Iraq—Iraqi citizens, keep in mind— jure his own citizens without regard to Eastern allies, better chemical and bio- leaving behind the most revolting internationally-recognized standards of logical defenses; working more closely human injuries imaginable. Men, behavior and law. He must be deprived with allies to develop sustainable sanc- women, children, infants—no one was of his ability to invade neighboring nations targeted against the Iraqi Gov- spared. Many died immediately. Many tions. He must be deprived of his abil- ernment and its WMD program; and, who managed to survive wished they ity to visit destruction on other na- working to convince other Gulf coun- had died. Some of them died later with tions in the Middle East region or be- tries that, if we strike, they will not be no interruption in their agony—blind- yond. If he does not live up fully to the left to confront a wounded but still-in- ness, peeling skin, gaping sores, as- new commitments that U.N. Secretary- power Saddam who will grow even phyxiation. And others, even if they General Annan recently obtained in stronger. These may provide kernels of did not evince the same signs of injury, order to end the weapons inspection alternative policies. But Mr. President, have transmitted the horror of those standoff—and I will say clearly that I every plan that works begins with lead- attacks across time and even genera- cannot conceive that he will not vio- ership, accountability, and a serious- tions. Terrible birth defects have af- late those commitments at some ness of purpose. So far, these qualities flicted the offspring of many who sur- point—we must act decisively to end have largely been lacking in the Ad- vived Saddam Hussein’s attacks. The the threats that Saddam Hussein poses. ministration’s Iraq policy. I hope they rate of miscarriages and stillbirths has But the vote this morning was about take to heart the ideas offered today soared for those survivors. a different albeit related matter today. by the Senate. We do not know why Saddam Hussein It was about initiating a process of Whatever we do, the U.S. must have chose not to use these weapons against bringing the world’s opprobrium to more options than sanctions and mili- the Coalition troops in the Gulf War bear on this reprehensible criminal—to tary strikes the next time Saddam that resulted from his invasion and oc- officially designate Saddam Hussein as flouts his agreements. If the Adminis- cupation of Kuwait. We do know that that which we know him to be. tration does not develop new alter- he had them in his inventory, and the We are realists, Mr. President. Even natives, we will soon repeat the well- means of delivering them. We do know if this process leads as we believe it worn cycle of military build-up and that his chemical, biological, and nu- will to the conviction of Saddam Hus- stand-down, and the next time we’re at clear weapons development programs sein under international law, our abil- these crossroads with Iraq, our options were proceeding with his active sup- ity to carry out any resulting sentence will be even fewer and support both at port. may be constrained as long as he re- home and abroad will be even more We have evidence, collected by the mains in power in Baghdad. But Sad- scarce. Mr. President, we cannot afford United Nations’s inspectors during dam Hussein will not remain in power to leave American interests open to those inspections that Saddam Hussein in Baghdad forever. Eventually, if we

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1913 persist out of dedication to the cause tion that may seem obvious and ele- floor for a vote. The full Senate has not that we must never permit anyone one mentary in some respects, yet which even had the opportunity to debate the who treats other human beings the way reflects my colleague from Pennsylva- merits of Mr. Hormel’s nomination. he has treated tens of thousands of nia’s astute grasp of the legal impera- This is because a hold has been placed human beings to escape justice, we will tives involved in pursuing far-ranging on the nomination by certain Sen- bring Saddam Hussein to justice. And policies designed to bring down a ruth- ators—apparently because of James in the meantime, his conviction on less and belligerent dictator. Hormel’s sexual orientation. these charges may prove of benefit to f I say, ‘‘apparently’’ because the argu- our efforts to isolate him and his gov- ments some have used to oppose Mr. ernment, and to rally the support of MORNING BUSINESS Hormel do not ring true. other nations around the world to the The PRESIDING OFFICER. Under The main argument is that Mr. effort to remove him from power. the previous order, there will now be a Hormel, through his generous history I am pleased, Mr. President, that this period for the transaction of morning of giving, has donated funds to certain resolution was agreed to unanimously, business. projects—a library collection and an and hopeful that soon the machinery of Under the previous order, the Sen- educational video—that contain con- international law will be applied as it ator from Utah, Mr. BENNETT, is recog- troversial content. These are not valid was designed to label Saddam Hussein nized to speak for up to 45 minutes. arguments. First, it is my understanding that as the horrific murderer and torturer f he is, recognition he richly deserves. many of the books in question, which Mr. MCCAIN. Mr. President, I express ORDER OF PROCEDURE are found in the San Francisco Public my strong support of Senate Concur- Mr. BENNETT. Mr. President, I ask Library, are also in the Library of Con- rent Resolution 78, which would call on unanimous consent that the Senator gress. Neither Congress nor James the President of the United States to from Montana, Mr. BURNS, the Senator Hormel should be responsible for work toward the establishment of the from California, Mrs. BOXER, and the screening the subjects of books found legal mechanisms, under the aegis of Senator from Pennsylvania, Mr. SPEC- in their libraries. the United Nations, necessary for the TER, each be recognized for up to 3 min- And, second, James Hormel had abso- prosecution of Iraqi dictator Saddam utes apiece, and that the time not lutely no input into the content of the Hussein for crimes against humanity, count against my 45 minutes; that fol- educational video. If the content of including the infliction upon the peo- lowing the presentations of each of this video is a valid reason for the Sen- ple of Kuwait and his own Kurdish pop- these three Senators, I be allowed to ate to place a hold on this nominee, it ulation of genocidal policies. The reso- proceed with the 45 minutes as called sets a dangerous precedent. For instance, what if the next nomi- lution further encourages that the for in the previous order. nee that comes before the Senate has President seek the funding required to The PRESIDING OFFICER. Without given money to his or her child’s high support this effort. objection, it is so ordered. school newspaper. And, what if that Senator SPECTER is to be commended Mr. BENNETT. Mr. President, I note newspaper ran a controversial article for taking the lead in this morally and the Senator from California is on the about a particular Senator. Would the legally essential exercise in holding floor, and I suggest she be recognized Senate then place a hold on that nomi- Saddam Hussein accountable for a long first. nation? I don’t think so. The holds are history of brutality that places him The PRESIDING OFFICER. The Sen- in place because James Hormel is gay. squarely among the worst human ator from California. Mr. President, I believe that the Sen- rights offenders of the post-World War Mrs. BOXER. I thank the Senator ate should consider nominees based on II era. While none of us are under any from Utah for his kindness and ask their qualifications. If the Senate illusions about the nature of this indi- unanimous consent that I have 4 min- agrees with me, there should be no con- vidual, I nevertheless urge my col- utes. troversy over James Hormel’s nomina- leagues to read the text of this resolu- Mr. BENNETT. I have no objection. tion. tion carefully. It is a concise, com- The PRESIDING OFFICER (Mr. James Hormel, of San Francisco, prehensive list of human rights abuses HAGEL). Without objection, it is so or- California, graduated from and war crimes committed by the Iraqi dered. Swarthmore College and shortly there- leader against the neighboring country Mrs. BOXER. Thank you very much. after earned his Juris Doctorate at the of Kuwait, which he invaded and upon f University of Chicago Law School. Mr. which imposed a brutal occupation, Hormel served for several years as the and against the Kurdish occupation of NOMINATION OF JAMES C. HORMEL Dean of Students and Assistant Dean northern Iraq. It reiterates the degree at the University of Chicago Law to which Saddam Hussein has willfully Mrs. BOXER. Mr. President, I rise School. Since 1984, he has presided as and repeatedly failed to comply with today to urge the majority leader to Chairman of EQUIDEX, Inc., an invest- United Nations and other legal man- schedule a vote on the nomination of ment firm based in San Francisco. dates pertaining to his treatment of James C. Hormel to be U.S. Ambas- For the past 30 years, Mr. Hormel has those who have suffered the misfortune sador to Luxembourg. He has my been a dedicated philanthropist, gener- of falling under his grip and to the strong support as well as the strong ously working to support a wide range international inspection regimes to support of Senator FEINSTEIN, who has of worthy causes. For his unselfish acts which he is subject. made an eloquent statement on the of giving, he has received several The text of the resolution is self-ex- Senate floor on his behalf. awards and honors. In 1996, he was planatory, but even that omits men- James Hormel is a successful busi- named Philanthropist of the Year by tion of the incalculable acts of wanton nessman, a loving father, and a loving the Golden Gate Chapter of the Na- cruelty Saddam Hussein, and his sons, grandfather. tional Society of Fundraising Execu- has committed against the Iraqi peo- On October 29, 1997 before the For- tives. Other honors include the Golden ple, in addition to actions against the eign Relations Committee, I intro- Gate Business Association’s Out- country’s Kurdish population. Such a duced James Hormel for the position of standing Leadership Award, the Silver discussion is beyond the purview of a Ambassador to Luxembourg. At that Spur Award from the San Francisco resolution oriented towards holding hearing, I spoke of his sharp mind, dis- Planning and Urban Research Associa- Saddam accountable for war crimes. I tinguished career and extensive knowl- tion, the Public Service Citation from mention this only to ensure that the edge of diplomacy, international rela- the University of Chicago Alumni As- fate of the Iraqi people is not forgot- tions and the business world. Like sociation, and many, many others. ten. The purpose of S. Con. Res. 78 is to many of my colleagues, I believe that On the local level, Mr. Hormel is an establish the legal framework for fur- James Hormel was, and still is, clearly active member of the San Francisco ther isolating Saddam Hussein dip- qualified for this position. community working with several im- lomatically and for working toward his Almost five months later, this nomi- portant civic organizations. His cur- removal from power. This is a resolu- nation still has not come to the Senate rent projects include the San Francisco

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1914 CONGRESSIONAL RECORD — SENATE March 13, 1998 Chamber of Commerce, the Human aware of. I am going to do two things she had been there and had been in the Rights Campaign Foundation, the San in my presentation. First, I will out- family residence portion of the White Francisco Symphony and the American line the common threads that have run House for 2 hours on that particular Foundation for AIDS Research. through all three of those investiga- day, and she had no recollection what- Because of this impressive record, tions. They give us a pattern of how soever of the incident. She did recall the Senate Foreign Relations Com- the Clinton administration reacts to making calls of condolence to people mittee approved the nomination of scandal; and, second, I will, in response with respect to Vince Foster’s suicide, James Hormel by voice vote. And, as a to the letter I have sent to the Attor- but she could not recall any conversa- matter of fact, just months before, the ney General, focus on the one specific tions about any other subject during full Senate unanimously confirmed situation that remains unresolved that that time period. James Hormel to serve as a delegate to in my opinion is the most important Now, when we get to the Thompson the U.N. Human Rights Commission. situation in this whole circumstance. committee, at the lowest level, we had Mr. President, James Hormel meets So let us go to my first task, the briefers from the CIA, we had secre- all requirements needed to be the am- identification of the common threads. taries at the Department of Commerce, bassador to Luxembourg. If there is At the end of Whitewater I, I went we had a bookkeeper from the Lippo any doubt about Mr. Hormel’s quali- back to the office and dictated a memo Bank, all of whom had very clear fications, we should have an open de- to myself for historical purposes to memories—direct answers, believable. bate on the floor so these questions can help me remember what I had learned Then we got up to the DNC staffer, he be answered. out of that situation. I have gone back constantly had to have his deposition In the end, I believe both this coun- and reread that memo and share with read back to him when he was in front try and Luxembourg will benefit great- you now the things I wrote down. of the television cameras to remind ly from James Hormel as U.S. Ambas- I came to the conclusion that the him that his version now was not the sador. low-level people who testified before same as his version previously. Thank you very much, Mr. President. us—that is, people who are fairly far When we got to the highest level, the I yield back the time to Senator BEN- down in the bureaucracy—have good Deputy Chief of Staff to the President NETT. memories, gave us direct answers, and of the United States, he said he ‘‘could Mr. BENNETT addressed the Chair. tell the truth as they see it. I found not recall’’ 299 times—one time short The PRESIDING OFFICER. The Sen- that pattern across the board. On the of a perfect bowling score. ator from Utah. other hand, the higher level officials So, I came to my first conclusion: If Mr. BENNETT. The Senator from had bad memories, gave us evasive an- you want to know what happened, talk Montana has informed me he does not swers, and did their best, in my opin- to the people at the lower level, talk to intend to use the time reserved for ion, to shave the truth. As I say, I saw the people whose jobs are not depend- him. Not seeing the Senator from this pattern in the very first White- ent upon White House patronage. Pennsylvania on the floor, I now claim water committee. I saw it repeated The second common theme comes not my 45 minutes and will proceed. again and again through all three expe- from a detailed memo to myself but The PRESIDING OFFICER. The Sen- riences. from an editorial that appeared in the ator from Utah. Let me give you some examples. In New York Times. This editorial appeared January 22nd of this year. It f Whitewater I, the Resolution Trust Corporation employees, who were in- was not talking about the three inves- THE WHITEWATER AND 1996 PRESI- volved with investigating this matter, tigations that I have described, but it DENTIAL CAMPAIGN INVESTIGA- who first noticed the criminal referrals does analyze, better than anything I TIONS relating to President Clinton’s—then have seen, the patterns of this adminis- Mr. BENNETT. Mr. President, I am Governor Clinton’s—business partners, tration. It says, quoting from the New here for two reasons today. First, the all had good memories, gave us direct York Times: Governmental Affairs Committee filed answers and told us the truth. This Administration repeatedly forces its its report last week. I have individual But when we got to a higher level, we supporters to choose between loyalty and re- views in that report regarding the spect for the law. Those are Clinton . . . found a Treasury Department official themes established long before the charges scandals surrounding the 1996 Presi- who actually tried to convince the that Mr. Clinton had a sexual relationship dential campaign. I said in my indi- committee that he had lied to his own with a White House intern.... In such cir- vidual views that I would focus, in a diary. That is, the notes he had taken cumstances in the past, the White House has major floor speech, on what I consider contemporaneous to the events were relied on two principal weapons, stone- to be the principal issue of that inves- wrong and the version he was now giv- walling and attacking.... tigation. I am here today to fulfill that ing us before the committee was the I would like to take it through the responsibility. correct one. same pattern as the first theme I dis- Secondly, today I have sent a letter When we got to the highest level, covered. to the Attorney General focusing on members of the White House staff, we Let us go back to Whitewater I. Ad- what I consider to be the principal had the people who could not remem- mittedly, there was a relatively small problem connected with our investiga- ber anything. amount of stonewalling in Whitewater tion. I owe it to her to make a full ex- In Whitewater II, at the lowest level, I. It was mainly memory loss. But planation of why I have sent her that the Secret Service people, the Park Po- there were attacks, attacks on the RTC letter. lice, the White House secretaries who employees, attacks on their veracity, Now, Mr. President, I am a Member worked in the office of the White House attacks on their integrity, attacks on of the Senate who served on the first general counsel all had clear memories, the way they did their jobs. committee investigating Whitewater all told us the truth, all were very di- We really saw this pattern in activities, chaired by Don Riegle, the rect in their responses. stonewalling and attacking when we Senator from Michigan. I call that When we got up to a slightly higher got to Whitewater II. Stonewall the Whitewater I. level, reminiscent of the man who lied subpoena. Insist that you cannot find I served on the second committee in- to his diary, we had a political ap- the notes. Say that that is attorney- vestigating the matters relating to pointee who could not recognize her client privilege. Then we saw some- Whitewater, chaired by Senator own voice when it was played back to thing new that entered in here which I D’AMATO, which I call Whitewater II. her on a tape recording of a conversa- call the ‘‘incompetence defense.’’ Con- I served on the Governmental Affairs tion she herself had had, saying, ‘‘I’m stantly we were told the reason they Committee investigating the excesses not sure that’s me.’’ could not produce the information we of the 1996 campaign, which I shall call When we got to the highest level, wanted is that ‘‘a Secretary had mis- Thompson. White House intimates, we had a White read the subpoena.... We didn’t know From those three committees, I have House official who said she could not that’s what you wanted.... That was some observations that I think I would remember being in the White House in the wrong file.... We looked in the like the Members of the Senate to be even though the Secret Service showed wrong place.... We don’t know where

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1915 the notes came from.’’ Part of the I found it interesting that somewhat he became acquainted with the then stonewalling pattern was the incom- later when President Clinton was de- Attorney General of the State of Ar- petence defense. ‘‘We are so incom- scribing why Charlie Trie acted the kansas, a rising young politician petent down here we can’t provide you way in which he did, he pointed out he named Bill Clinton. Riady and Ste- with anything.’’ was simply responding to the culture phens went on to joint ventures in Attack? Oh, yes, we saw it in White- that he came out of, the business situa- Hong Kong and in other deals. water II—attack witnesses, including, tion in which he found himself—in But in 1984, Riady and Stephens incidentally, Linda Tripp, who was one other words, a typical Asian business- jointly took control of the Worthen of the low-level people who appeared man. I find it interesting that to the Bank in Little Rock. James Riady was before us in Whitewater II and who, in Democratic National Committee when installed to run the Worthen Bank, and response to the attack she received by I say it, it is racist; when President he brought from Hong Kong an experi- virtue of her direct answers, decided Clinton says it, it is exculpatory. In enced international banker to help she had better start tape recording all fact, of course, it is neither one. him, a man by the name of John of her conversations in order to protect Stonewall and attack, stonewall and Huang. Now, immediately the bank ran herself. Attack the witnesses, attack attack, stonewall and attack. We saw afoul of Federal regulators. The Comp- the committee staff, and most of all, it through all three of these investiga- troller of the Currency accused bank attack the chairman. tions. If I may, we are seeing it again officials of breaking Federal laws that All of us in this Chamber know the with respect to Kenneth Starr and limit insider loans. One reporter put it, tremendous amount of abuse that was what is going on in the investigation ‘‘The Feds imposed controls on insider heaped upon the head of the com- into the President’s personal life. lending and started to ease the Riadys mittee, AL D’AMATO, by virtue of his Those are the themes that I saw. The out of the bank. The pipeline from chairmanship of that committee. I per- second conclusion I add to the first Worthen to Jakarta would be cut off.’’ sonally saw it in the following in- one: The White House will stonewall Forced out of their control of the stance. I appeared on the News Hour and attack at every turn. Those who Worthen Bank, the Riadys moved their with Jim Lehrer opposite Anne Lewis, speak up candidly do so at their peril. operations to California. They took Deputy Director of the Democratic Na- Now, let me go to my second task, over a small bank, renamed it the tional Committee. She said on that oc- which is to focus on what I consider to Lippo Bank of California, and James casion, with great indignation, ‘‘It is be the most serious unresolved situa- Riady and John Huang moved to Cali- no coincidence that AL D’AMATO, the tion in all of this. For this we need to fornia to head up the bank. chairman of Bob Dole’s election effort, take a little history. We go back to Now, as occurred in Arkansas, the was appointed chairman of the com- 1977 and to the State of Arkansas. In stewardship of the Lippo Bank of Cali- mittee to handle this investigation 1977, Mochtar Riady decided it was fornia promptly drew the attention of against President Clinton.’’ I stepped time to come to the United States. He the regulators. Twice within 4 years it in and corrected her. I said, ‘‘As a mat- found a partner who would help him was hit with cease and desist orders ter of fact, it is coincidence.’’ It is the come into the United States, a man by from the FDIC. The first one was purest coincidence. The individual who the name of Jackson Stephens of Little issued for ‘‘unsafe or unsound banking made the decision that AL D’AMATO Rock, AR. Now, Mochtar Riady is an practices.’’ The second was issued for would be the chairman of that inves- ethnic Chinese who was born in Indo- underreporting foreign currency trans- tigation was actually George Mitchell, nesia. He rose from running a bicycle fers between California accounts and the Democratic majority leader in this shop to becoming a billionaire. We accounts in Hong Kong. The Los Ange- Senate, who in the 103d Congress deter- know on the basis of the IMF debate les Times has noted, ‘‘Since 1990, Lippo mined it would be the Banking Com- that is currently going on with respect Bank has spent most of its existence mittee that would handle the White- to Indonesia how one becomes a bil- under the FDIC cease and desist orders water investigation. George Mitchell lionaire in Indonesia. It is being called which are uncommon and among the didn’t realize that the voters would put ‘‘crony capitalism.’’ It is characterized most severe actions an agency can AL D’AMATO in that position in the by money laundering, insider trading, take.’’ 104th Congress. Pure coincidence. I saw and a cozy relationship with the Gov- Now, the Riadys did not stop with Anne Lewis on television the next day ernment that usually involves substan- banking in California. They branched after I had given her that additional in- tial payments to officials of the Gov- out into other businesses. We found formation saying, ‘‘It is no coinci- ernment. That is the culture in which three of them in the Thompson com- dence’’ about AL D’AMATO, and she Mochtar Riady became a billionaire. mittee, Hip Hing Holdings, San Jose went on with her charge, her unrelent- We will revisit that in a minute. Holdings, and Toy Center Holdings. ing attack. As I say, in 1977 Mochtar Riady want- There was one common thread of all In the Thompson committee, the ed to come to the United States, and three, they all lost money. same pattern. They attacked the wit- given the fact that his company, his The most spectacular loser was Hip nesses, they attacked the staff, they group, called the Lippo Group, is pri- Hing Holdings. Here is a summary of attacked the chairman, and in this marily involved in banking, insurance, its financial results. In 1992, it had case, they attacked the committee securities, and property development, total income of $38,400. It had expenses members. I know that because they at- it is natural that he should first look exceeding that income of $482,395. They tacked me. Here was the circumstance. to acquire a bank. Jackson Stephens donated, out of that $38,000 in total in- We had a description of Charlie Trie said to him, ‘‘We can help you acquire come, $55,400 to the Democratic Na- and how he was acting, and one of the the National Bank of Georgia from tional Committee. That has since been members of the committee said he Bert Lance.’’ But Mochtar Riady did returned, having been determined to really couldn’t understand that action, not move fast enough. There were some have been illegal. In 1993, it didn’t do implying that Charlie Trie should be Middle East investors who moved in, any better. Its income went down to dismissed as nothing more than a buf- acquired the National Bank of Georgia, $35,000, which brought losses, because foon. I stepped in and said, ‘‘No. I have renamed it the Bank of Commerce and their expenses were stable, brought owned a business in Asia. I have done Credit International, or BCCI, and it their losses up to $493,000, and this time business in Asia. Charlie Trie’s actions went on to its own history and its own they donated $32,960 to the Democrats. are the typical actions of an Asian story, and we will leave it at that. The committee determined this was a businessman.’’ By that afternoon, the Perhaps disappointed in his inability clear example of money laundering be- Democratic National Committee issued to acquire the National Bank of Geor- cause the $55,400 that came in 1992 was a press release attacking me as a rac- gia, Mochtar Riady looked elsewhere, all reimbursed from Jakarta. We asked ist, and within 3 or 4 days, par for the and Jack Stephens had an alternative the bookkeeper of the Hip Hing Hold- course with their efficiency, there were for him in the State of Arkansas. So ings how this worked. She said, ‘‘When- letters to the editor of my hometown Mochtar Riady sent his second son and ever I needed any money I contacted newspaper repeating the charge that I heir, James Riady, to Little Rock, to Jakarta and they sent it.’’ Now, John was a racist. intern at Stephens & Company where Huang was the president of Hip Hing

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1916 CONGRESSIONAL RECORD — SENATE March 13, 1998 Holdings. He was also an officer in committee understands that the Chi- What did John Huang do at the Com- every other one of these Lippo corpora- nese intelligence agency seeks to lo- merce Department? Well, we know tions that I have described, including cate and develop relationships with in- from some of those lower level people the Lippo Bank, the one for which he formation collectors, particularly per- that he attended a lot of meetings and was qualified by virtue of his back- sons with close connections to the U.S. that he was a very assiduous note ground. We asked the Lippo Bank Government.’’ taker. He was an information collector. president what John Huang did all day. Let’s go back to 1992. The Riadys, the But other than that, his superiors at The president and John Huang had ad- largest single contributor, what did Commerce said the same thing that his joining offices and they shared a single they want? The answer: they wanted a superiors at the Lippo Bank said: ‘‘We secretary. You would think if anyone job in the Clinton administration for really don’t know what John Huang did would know what John Huang’s activi- John Huang. Now, when his name went with his time. We really don’t know ties were, it would be the bank presi- to the personnel processors, they as- what he did each day.’’ dent of the Lippo Bank. He responded sumed, we found out in the committee, Well, we know at least some of the he had no idea what John Huang did all that the primary reason for supporting things he did. No. 1, we know he went day. We asked the same question of the John Huang was he was an Asian to the White House 67 times while he bookkeeper; we got the same answer. American and this was one of President was Deputy Assistant Secretary. I They didn’t know what the president of Clinton’s diversity appointments. know Cabinet officers who would be this company, which was losing half a Frankly, the appointment languished. jealous of the opportunity to go to the million a year, and no one seemed to It sat there for a year and a half and White House half that often. No. 2, we care, was doing with his time. then two things happened: know that at least once or twice nearly Well, we know what he was doing No. 1, Webb Hubbell, Hillary Clin- every week in the entire time he was at with his time. John Huang traveled ex- ton’s former law partner, and President the Commerce Department he walked tensively as the Riadys’ principal Clinton’s close friend, found himself out of his Commerce Department of- agent in the United States. Among out of a job, out of money, and on his fice, went across the street to Stephens other places, he went to Little Rock to way to jail. No. 2, James Riady went to Inc’s Washington office where he re- keep up his contact with then Gov. Bill the White House five times in 1 week. ceived packages, FAXes, and phone Clinton. He raised money for Governor On his last day at the White House, calls; and then with the door closed in Clinton’s reelection and he raised which was June 25, he attended the an office in that suite, he made phone money for the campaign for President. President’s radio address. The White calls and sent out FAXes. We do not The committee determined that in 1992 House photographers turned on the vid- know to whom. We do not know what the Riadys were the largest single con- eotape. I have seen the videotape of the was in those packages that he received tributor to the Democratic National radio address and of the people who there or why it was essential for him to Committee, larger than any union, were there. At the end of the radio ad- go there at least once, and often twice, larger than any Hollywood star, larger dress, each person there shook hands almost every single week for 18 than any special interest group con- with the President, had his picture months. nected with the Democratic Party. The taken, and left. Hanging back until ev- We also know that even though he No. 1 contributor to the Democratic eryone was gone was James Riady and had received close to $900,000 in sever- National Committee was the Riady John Huang. ance from the Lippo Group, there was family. After the radio address was over and one tie with the Lippo Group that was After the election, John Huang con- the people had cleared the Oval Office, not severed. They left him with a cor- tinued traveling the country as the James Riady, John Huang, and Bill porate telephone credit card, and he Riadys principal agent in the United Clinton were left alone. At that point, used that credit card to make over 400 States, but he added a new wrinkle to unfortunately, the White House pho- telephone calls to Lippo officials—at his activities. He started hosting offi- tographer turned off the video camera, least 232 of them to officials of the cials of the People’s Republic of China, so we don’t know what happened at Lippo Bank. Many of these calls were taking them wherever possible to in- that meeting. But this much we do made on his Commerce Department troduce them to members of the Clin- know: On the next business day, Mon- telephone, using the corporate credit ton administration. day, June 27, Webb Hubbell was re- card from the corporation from which, In one case, he brought a Riady part- tained by the Lippo Group for $100,000, supposedly, he had been severed. ner with connections to the Chinese in- and John Huang got a memo from Now, here, therefore, is the struc- telligence apparatus to meet Vice James Riady outlining his severance ture: You have John Huang in the Com- President GORE. Now, why the People’s from Lippo in anticipation of his join- merce Department, in an area of great Republic of China? Why would the ing the administration in the Com- sensitivity, taking notes and getting Riadys be interested in courting favor merce Department. Ultimately, that briefed by the CIA, and in and out of with the Chinese? Public sources say severance came to nearly $900,000—over the White House more often than a the Riadys have more than $1 billion 4 years’ pay—to an executive who had Cabinet officer. He is on the phone invested in China. We asked the CIA if presided over nothing but losing oper- weekly, or more often, to Lippo execu- there were other links between the ations. tives who have very close ties to Chi- Riadys and the Chinese. The answers Well, as we know, the amounts we nese intelligence. If ever there was a are in S–407, the secret room here in have shown of these losses are chump conduit that could be used to pass in- the Capitol, and any Senator who wish- change to a billionaire. The Riadys telligence information from inside the es can repair there and see just how were not in America to make money. Clinton administration to the Chinese close the relationship is between the They came to America looking for intelligence apparatus, or Lippo, or Riadys and the Chinese. I assure you it something other than financial gain both, that conduit was this: From the is very close. from their investments in the United United States Government through the This is what the committee says: States, and they seemed to have gotten conduit created by John Huang to the ‘‘The committee has learned from re- it when John Huang went to the Com- Lippo Group or the Chinese Govern- cently acquired information that merce Department less than a month ment. Was this what the Riadys hoped James and Mochtar Riady have had a after that White House meeting. James for when they paid for all those money- long-term relationship with a Chinese Riady summarized it very well when he losing corporations? If it is, they cer- intelligence agency. The relationship is described John Huang as ‘‘my man in tainly had it. based on mutual benefit, with the the American Government.’’ John Of course, all of this would disappear Riadys receiving assistance in finding Huang didn’t have just any job. He be- if Bill Clinton failed to be reelected in business opportunities in exchange for came the principal Deputy Assistant 1996. So, in 1995, it was decided in an- large sums of money and other help’’— Secretary for International Economic other Oval Office meeting, attended by I said we would revisit crony cap- Policy with access to critical economic James Riady, John Huang, Bruce italism. ‘‘Although the relationship ap- information, including classified brief- Lindsey, and President William Clin- pears based on business interests, the ings from the CIA. ton, that John Huang would move from

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1917 the Commerce Department to the indicated he was, in fact, connected Now, on its face, that is an acceptable Democratic National Committee. The with Chinese intelligence. When we answer. That says that something is same apparatus that could have been were in room 407 getting a confidential being done about this. Someone of im- used to funnel intelligence information briefing in executive session from the portance in the justice apparatus of the out could now be used to funnel dollars Director of the FBI and the Director of United States is looking into this and in. Now, there was objection in the the CIA, I asked the question, ‘‘Is there pursuing a criminal investigation. Democratic National Committee to any connection between Ted Sioeng But I want to put that in context. John Huang because they were afraid and the intelligence operation of the Who should conduct that investigation, he would break the rules, break the People’s Republic of China?’’ The an- the Department of Justice or an inde- law, and embarrass them in his fund- swer I got was, ‘‘We don’t know.’’ So I pendent counsel? When we had word of raising activities. The President him- asked the question, ‘‘Aren’t you inter- a scandal in Arkansas prior to Bill self overcame those objections, making ested?’’ ‘‘Well, yes.’’ I then asked the Clinton becoming President of the it clear that he wanted John Huang at question, ‘‘Will you find out?’’ ‘‘Yes.’’ United States, Janet Reno, the Attor- the DNC. John Huang went there and And then I asked the question, ‘‘When ney General of the United States, said he began to raise money. Indeed, did he you find out, will you share that infor- that is a matter that requires an inde- raise money. Here is the list of John mation with this committee?’’ ‘‘Yes.’’ pendent counsel. Huang’s fundraising capabilities: The next time we gathered in execu- When we had a matter when one In- In November of 1995, he raised $30,000; tive session with the Director of the dian tribe was accused of influencing a in December, $100,000; in February of CIA and the Director of the FBI, this decision relating to the gambling li- 1996, $1.1 million; in April of 1996, was their opening comment: ‘‘We need cense for a competing Indian tribe, $140,000; in May of 1996, $600,000; in June to make a correction of our previous Janet Reno, the Attorney General of of 1996, $90,000; in July of 1996, $700,000. statements. It turns out that in re- the United States, said that is a matter In all, it was over $3 million. He cre- sponse to Senator BENNETT’s questions, for an independent counsel. ated enormous cash flow for the Demo- we went back and checked our files and When we had accusations that Henry cratic National Committee. Unfortu- discovered that we did indeed have in- Cisneros lied to the FBI about the nately, it went both ways because al- formation linking Ted Sioeng to the amount of money he paid his mistress most half of the money that flowed in People’s Republic of China.’’ prior to his confirmation hearings, from John Huang’s activities had to This was discovered in the CIA files. Janet Reno, Attorney General of the flow back out as it was determined to When they went to find the source of have come from illegal sources. United States, said that is a matter for that information in the CIA files, they an independent counsel. His most spectacular success was the discovered that their source was the dinner in February of 1996 when they When we had accusations that Sec- FBI. In fact, it was in both agencies retary Espy, Secretary of the Agri- raised $1.1 million. Here is what Presi- and neither agency Director had known dent Clinton had to say on that occa- culture, had taken favors improperly about this. I won’t go into that matter from certain lobbyists, Janet Reno, At- sion: further, because Senator SPECTER made I am virtually overwhelmed by this event torney General of the United States, a speech about it on the floor casti- said that is a matter for an inde- tonight. I have known John Huang a very gating the Department of Justice for long time. When he told me this event was pendent counsel. not doing the very fundamental kind of going to unfold as it has tonight, I wasn’t When we had information that the activities that would have discovered quite sure I believed him. But he has never President had behaved in an improper that and prevented their Directors told me anything that didn’t come to pass, way in his personal life, Janet Reno, an all of you have made it possible. from being so embarrassed before the Attorney General of the United States, members of the committee. Unfortunately, a substantial number turned to Ken Starr and said, ‘‘That’s a It is time to summarize. What do we of the people at the head table at that matter for an independent counsel.’’ have here? We have a conduit that runs event could not participate in this trib- But on the question of whether or not from the inside of the Clinton adminis- ute to John Huang because they didn’t this conduit was utilized for illegal tration to the inside of the Chinese in- understand English. They were not transfers of money or intelligence in- citizens of the United States, and they telligence apparatus. It is a conduit formation, either way, Janet Reno, At- weren’t quite sure what was going on. through which could flow from the torney General of the United States, But they were sure that money was United States to the Chinese classified says, ‘‘This one I will investigate my- going in the direction they wanted it information about U.S. trade policy self.’’ On this one she has staked the to go. and strategy. It is also a conduit integrity and objectivity of the Depart- Now, I want to focus on the most fa- through which could flow from the Chi- ment of Justice. If she has staked the mous of John Huang’s fundraising ac- nese, or Lippo, to the Democratic Na- integrity and objectivity of the Depart- tivities—the April 29, 1996, fundraiser tional Committee funds to support the ment of Justice, in my opinion, there at the Buddhist Temple that he ran reelection of President Clinton. We do must be an accounting of that integ- along with Maria Hsia. The amount of know that funds did flow through that rity. money he raised was not the largest conduit from Lippo to the DNC—those amount, but it was the most signifi- funds that I identified that came So I have today written the Attorney cant amount. He raised $140,000, most through Hip Hing Holdings that have General a letter. I ask unanimous con- of which had to be returned because had to be returned. We do not know sent that it appear in the RECORD fol- the alleged donors were, in fact, reim- whether funds have come from the Chi- lowing my remarks. bursed, dollar for dollar, in a way that nese Government, either down through The PRESIDING OFFICER. Without is classic money laundering and clearly Lippo or directly through the conduit objection, it is so ordered. illegal. I focus on this not because it is to the Democratic National Com- (See Exhibit 1.) the most famous, but because it is the mittee. Mr. BENNETT. Mr. President, I best symbol of what appears to have So the key question that must be an- make three points in the letter. been going on here. It has the most swered and, in my opinion, still is un- First, I point out that it is still time complete cast of characters. Here we resolved after all of these investiga- for her to do in this instance what she have one event, and representing the tions, is: Was this conduit ever used ei- has done five times before in instances Clinton administration was the Vice ther way for either purpose—the trans- that are, in my opinion, less serious President, AL GORE; representing the mission of intelligence information, or than this one. There is still time to ap- DNC, its chairman, Don Fowler; rep- the transmission of money? point an independent counsel. However, resenting the Lippo Group, John When I tried to find out by asking di- if she persists in refusing to do so, I Huang, still carrying a Lippo credit rect questions in executive session on think she has, at the very minimum, card; and representing Chinese intel- this issue, I always get the same an- two responsibilities to this Congress. ligence, Maria Hsia and Ted Sioeng. swer: ‘‘Senator, we cannot give you First, if she uncovers any indication I need to talk a minute about Ted that information because it is part of of the passing of improper information Sioeng. There were press reports that an ongoing criminal investigation.’’ through this conduit from the U.S.

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1918 CONGRESSIONAL RECORD — SENATE March 13, 1998 Government to either Lippo or the Chi- strong links to ‘‘covered persons’’ under the on the Senate floor and to have an op- nese, or both, she has the responsi- Independent Counsel statute. Therefore, I be- portunity to hear this important bility to share that information with lieve that the appointment of such a Counsel speech. the Senate Intelligence Committee, is required. I urge you to reconsider your de- I yield the floor. cision not to do so. and to share it as soon as she finds it. However, if you persist in your decision to Mr. BENNETT. Mr. President, I Second, if she comes across any indi- retain jurisdiction within Justice over these thank my friend from Kentucky. cation that there was an illegal trans- cases, it is incumbent on you to agree to do Mr. THURMOND. Mr. President, I fer of money from either the Lippo two things as your investigation proceeds: commend the able Senator from Utah Group or the Chinese Government, or (1) Inform the Senate Select Committee on for the valuable information he just both, into the Democratic National Intelligence of possible classified informa- provided to the Senate. I am amazed at Committee, she has the responsibility tion that may have flowed through the con- what has taken place. This information to share that information with the duit from the Clinton Administration to the is so valuable that it could be used, and Governmental Affairs Committee im- Chinese Government. (2) Inform the Govern- mental Affairs Committee of any illegal should be used, in further inquiries mediately after she finds it. We can al- campaign funds which may have made its into this matter. ways reconvene in S. 407. We can al- way through the conduit from Chinese Mr. BENNETT. I thank my friend ways go into executive session. But she sources to Clinton-Gore or the Democratic from South Carolina. This is high has a responsibility, by virtue of her National Committee. praise coming from a man who served determination to keep this matter to By refusing to turn this matter over to an with my father and who has set an eth- herself rather than giving it to an inde- Independent Counsel, you have taken upon ical standard of which the rest of the pendent counsel, to be that responsive yourself the responsibility to be thorough, Senate can be proud. vigorous and timely in your investigation. and that accountable to this Congress. Given the high level of public and congres- Mr. President, I suggest the absence I say to her, ‘‘Madam Attorney Gen- sional interest in the serious circumstances of a quorum. eral: By making the decision to keep involved, it is only appropriate that the Con- The PRESIDING OFFICER. The this to yourself you have your work gress continue to be kept informed of your clerk will call the roll. cut out for you. In addition to the pat- progress. The bill clerk proceeded to call the tern of poor memory at the highest Sincerely, roll. level, you have a flock of witnesses ROBERT F. BENNETT, The PRESIDING OFFICER (Mr. who have fled the country. You have a U.S. Senator. SMITH of Oregon). The Democratic flock of witnesses, including members Mr. MCCONNELL addressed the leader. of the White House staff, who have Chair. Mr. DASCHLE. Mr. President, I ask taken the fifth amendment. You have The PRESIDING OFFICER. The Sen- unanimous consent that the order for an intricate and almost massive task. ator from Kentucky. the quorum call be rescinded. And this Senator at least will be Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without watching with great interest to see want to say to my good friend from objection, it is so ordered. how you discharge it.’’ Utah—I think Members of the Senate f I yield the floor. already know this—no one, no one in THE CONGRESS BOWL EXHIBIT 1 the Senate, has more articulately and U.S. SENATE, persuasively defended the right of Mr. DASCHLE. Mr. President, lately Washington, DC, March 13, 1998. American citizens to participate in the we have watched, marveled at and Hon. JANET RENO, political process, which is a constitu- cherished several monumental athletic Attorney General of the United States, Depart- tional right in this country; no one has achievements. ment of Justice, Washington, DC. more articulately been involved and A young woman from Idaho, Picabo DEAR MADAME ATTORNEY GENERAL: During persuasively been involved in an effort Street, abbreviates knee surgery recov- its investigation of campaign finance irreg- ularities, the Senate Governmental Affairs to stop misguided efforts to put the ery to win the gold medal in the Super- Committee uncovered a series of established Government in charge of the political G at the Olympic Games in Nagano. contacts between the Chinese Government speech of individuals and groups, can- John Elway, a 14-year veteran and one and the Clinton Administration. These con- didates, and parties than has the Sen- of the NFL’s premier quarterbacks, tacts could have been used as conduits for ator from Utah. leads the underdog Denver Broncos to a the two-way passage of classified informa- But what he has done today is pro- victory in Super Bowl XXXII. And, just tion and illegal campaign contributions. vide for the Senate and for the public a last weekend, ‘‘The Great One,’’ Wayne For example, the American Intelligence Community has concluded that the Riady clear summary of the illegal activities Gretzky of the New York Rangers, family of Indonesia has had ‘‘a long term re- of the current administration. The makes history by becoming the first lationship with a Chinese intelligence agen- Senator from Utah has reminded every- professional hockey player to score cy’’. The Community further concluded that one that it is against the law now for 1,000 goals. the Chinese intelligence agency ‘‘seeks to lo- foreigners to contribute to American Mr. President, in keeping with the cate and develop relationships with informa- elections, for money laundering to be competitive spirit and standard of ex- tion collectors, particularly persons with engaged in, and for money to be raised cellence embodied in such athletic close connections to the U.S. Government.’’ on Federal property. feats, I want to acknowledge another The Committee determined that (1) the Riady family and its associates were the So the Senator from Utah has done noteworthy sporting accomplishment. leading source of campaign funds for the far and away the best summary of the A little more than a week ago, on Clinton-Gore ticket in 1992, and (2) the Riady activities of this administration going March 1, the Senate pages trounced the family was able to place one of its top offi- back to 1992 which either crossed the House pages, 70 to 35, in the Congress cials, John Huang, at the Commerce Depart- line or skirted the edge and has been Bowl—a knock-down, drag-out, 8 ment where he had access to sensitive intel- lost in the sort of numbers of different against 8 battle to the finish. Before a ligence information. The Committee also occurrences. standing room only crowd, the com- concluded that six individuals—John Huang, So what the Senator from Utah has petition was fierce and the play phys- Charlie Trie, Maria Hsia, Mochtar and James ical in the inaugural meeting of these Riady, and Ted Sioeng—have some affili- done is cut through all of this, summa- ation to the Chinese Government. rize it, and give the Senate and the arch rivals. And, like Picabo Street, In a number of circumstances, including American public a clear indication of John Elway and Wayne Gretsky before allegations against Cabinet officers Henry the sleaze factor that has ranked so them, the Senate athletes dem- Cisneros, Michael Espy and Bruce Babbitt, high in this administration from the onstrated superior determination, you have decided that potential conflicts of beginning to the end. teamwork and skill in cruising to vic- interests required the appointment of an So I thank the Senator from Utah. I tory. Independent Counsel. The Chinese conduit think it is the most important speech Congratulations to all who partici- issue raised by the Committee is far more significant to public confidence in the proper that I have heard in the Senate in pated in the Congress Bowl—especially functioning of the American Government many, many years. He has made an im- the Senate page team of Colin Davis, than any of these cases. Further, the six in- portant contribution in this area, and I Ben Dow, Dan Teague, Sina Nazemi, dividuals named by the Committee all have appreciate the opportunity to be here Bird Bourne, Sean Boyle, Mitch

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1919 Witherspoon, Brad Wolters and Nick What happens to a person who finds posed on ordinary people in America Messina who brought home the win in himself in this predicament? I have and they are puzzled: ‘‘Well, why is this what promises to be a new and spirited talked to many of them. Their lives are the case? Why does it take so long for long-term rivalry. changed. The prospect of being ap- me to get my day in court?’’ Is justice (The remarks of Mr. DASCHLE per- pointed to the Federal bench makes delayed truly justice denied? In many taining to the introduction of S. 1756 life difficult on a professional and per- cases, it is. In this situation, unfortu- are located in today’s RECORD under sonal basis. nately, the burden is on us, those men ‘‘Statements on Introduced Bills and Judge McCuskey has a family. He is and women who sit in this Chamber Joint Resolutions.’’) trying to find a place for his family to and have the singular responsibility to Mr. DASCHLE. Mr. President, I yield live. Think about buying a home and confirm Federal judges. the floor. not knowing when you can move into The Southern District of Illinois is The PRESIDING OFFICER. The Sen- it, and then the fear that if you move another sad story when it comes to the ator from Illinois. too soon, you will disqualify yourself impact of the vacancies. Since 1992, f from your previous judgeship. That is case filings have increased 9 percent. ILLINOIS NOMINEES: MIKE what he is facing. People are still going to the court- house; 58 cases there have been pending MCCUSKEY AND PAT MURPHY His family is going through a lot of turmoil this week because they had for more than 3 years; 7 have been Mr. DURBIN. Mr. President, I seek thought surely within 100 days the U.S. pending for 10 years. Why is that the recognition to speak to an issue which Senate would act on this nomination, case? Because Judge Phil Gilbert, the involves our Executive Calendar. but it has not happened. active Federal judge in this district, Since November of last year, there with Judge Paul Riley, are working have been two names pending on this Mr. Murphy is in the private practice of law. We have spoken from time to overtime to try to deal with a heavy calendar of judicial appointees for my criminal docket which must be dealt home State of Illinois. One is Patrick time. He has important cases representing people from his part of Illi- with first under the law and, of course, Murphy, of Marion, IL, to be U.S. Dis- we want them to, and in trying to deal trict Court Judge for the Southern Dis- nois, and people are wondering: ‘‘Pat Murphy, are you going to be around? with that docket, they keep postponing trict. The other is Michael McCuskey, the civil docket. So people wait. who is seeking the position of District Can we count on you? Will you take this case to trial? Should we bring In one of those 10-year-old cases in Judge for the Central District of Illi- the southern district, a plaintiff sus- nois. It is unusual that these two nomi- business to your office?’’ All of these things weigh heavy on a tained serious neck and back injuries nees would have been on the calendar that required him to pay out $15,000 in for such a long period of time, and the person who has decided to make this commitment to move forward and ask hospital bills. He was operating a mine situation is aggravated by the fact that shuttle cart that hit a small obstruc- these vacancies are very serious, cre- to be appointed to the Federal bench. I hope that Members of the Senate, tion. The cart had no shock absorbers, ating, in fact, what has been character- and he suffered a serious injury, and ized as a judicial emergency. those who will read my remarks and those who hear them, will understand now he waits for his day in court. The Southern District of Illinois has When you take a look at the statis- the second oldest judicial vacancy in that this type of thing is more than an inconvenience. It is a hardship that we tics that have been compiled by the ad- the Nation. The Southern District, for ministrative office of the U.S. Court should not impose on two people for which Mr. Murphy is seeking this con- System as to the median amount of firmation, has been without this Fed- whom there is no controversy. Let’s take a look at the Central Dis- time that it takes a civil case to come eral judge for 1,952 days. In the Central to trial, it tells the story even more trict of Illinois. There are 162 cases in District of Illinois, it has been more graphically. that district that have been pending than 1,000 days since that judgeship has The Southern District of Illinois has been filled. In fact, the exact number is for more than 2 years. Imagine if you the longest waiting period, 23 months. 1,255 days. were to say at some point, because of There are 94 districts nationwide, and There are four judgeships in the your business or family concerns or the southern district has the 54th long- southern district, two vacant. Senator personal needs, that you had to go to est median time from filing to trial; CAROL MOSELEY-BRAUN and I have pro- court, and then you went into court the central district, 33 months. These posed Mr. Murphy and Judge David with an attorney and said, ‘‘How soon numbers are from early last fall. More Herndon, of Alton, to be named to fill will this be resolved?’’ recent numbers are not going to be en- those spots. Mr. Murphy is the only And they said, ‘‘At least 2 years.’’ couraging or much different. candidate who has reached the cal- ‘‘Two years?’’ We have heard from the judges in endar to this point, but we are hopeful We can do better. both of the districts. Phil Gilbert of that Judge Herndon will as well. This Fifty-five of the cases in the central the southern district has written to 50 percent vacancy rate in one judicial district have been there for more than Members of the Senate and said they district is much, much higher than the 3 years; 30 of the suits are related to are getting the job done—and I know 10 percent vacancy rate which we have civil rights cases, people who feel they he is working hard with Judge Riley— experienced around the Nation. In the have been discriminated against; 21 are but they badly need additional judges. Central District of Illinois, where I civil rights suits; 15 are contract dis- Those are his words. live, the numbers are exactly the same; putes; 9 are personal injury cases; 11 Judge Michael Mihm of the central half of the judges have not been ap- are product liability suits; and 2 are district said that they, too, are work- pointed. Of course the obvious question patent cases. ing to keep up with the caseload, but is, What is wrong with these two nomi- Let me tell you how this works, since definitely feel the pinch. They have nees? Why would they sit on the cal- I have practiced law in this district. had to delay one major civil trial. They endar of the U.S. Senate for over 1,000 When the day comes for you to go to are only getting the job done by bring- days? They clearly must have very se- trial after waiting 2 years, you better ing in other judges from other dis- rious problems. Exactly the opposite is hope there isn’t some intervening thing tricts, and, of course, causing problems the case. or event that ends up postponing it. A in those districts in the meantime. These two gentlemen, Mr. Murphy friend of mine took a case and, after Let me tell you about these two indi- and Judge McCuskey, were nominated waiting for 19 months, finally went to viduals, because I think you will come by President Clinton on July 31, 1997. trial only to have a death in the family to realize why they moved through the They were unanimously recommended of one of the other attorneys, causing Judiciary Committee without any con- by the Judiciary Committee on Novem- them to postpone the trial date. Then, troversy and why their still sitting on ber 6 of the same year. They have been of course, they were told they would the calendar is a travesty of justice. sitting on this calendar for 127 days have to wait for at least another year Judge McCuskey was born in Peoria, with absolutely no one raising ques- before the case could be tried. IL. He is currently a State court judge tions as to their qualifications for the When the Senate fails to do its work and for the last 9 years has been serv- job. and confirm judges, the hardship is im- ing in that capacity. Before that, for 2

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1920 CONGRESSIONAL RECORD — SENATE March 13, 1998 years he was a circuit court judge. rine Corps during Vietnam, and ever hydrogen fluoride. Anhydrous hydro- Since 1990, he has been a justice for the since, he has given local veterans pro gen fluoride is a material used in en- third district appellate court. bono—that is free—representation riching uranium to weapons grade ura- Before going to law school, he whenever they walk through the door. nium. worked at a local high school as a his- I have heard it said that in southern This transfer was scheduled to go to tory teacher and baseball coach. Dur- Illinois, when there is a funeral and Iran’s Isfahan Nuclear Research Cen- ing law school, he helped pay his bills burial of a veteran, many times they ter. The Isfahan Center is the principal by working as a security guard. After will see this lawyer come driving up, site of Iran’s efforts to manufacture graduating, he started his own law jump out of the car and stand in rev- the explosive core of an atomic device, firm. Since becoming a judge, he has erence at the grave site for his fellow according to the articles. earned a reputation, deservedly, from veteran. So what we have here, both in the Democrats, Republicans, as well as Pat Murphy has endeared himself to Washington Post and in the Wash- Independents, as an outstanding—firm, so many of the people in southern Illi- ington Times, is the chronicling of Chi- fair and thorough—jurist. nois and would be an excellent choice na’s effort to send these kinds of com- He is also involved in community for Federal judge. ponents and processes to Iran in order work. Mike McCuskey is known So here we sit 127 days after these for Iran, a rogue nation, to enhance its throughout the Peoria area for going two men have their names brought be- capacity to be involved with atomic to local grade schools and reading to fore the Senate for confirmation. There weapons of mass destruction. children. He emcees the senior citizen is no objection in the Judiciary Com- This revelation of new Chinese ef- activities during the annual county mittee, no objection to their qualifica- forts to aid Iran’s nuclear weapons pro- fair. tions and talents, and yet they wait. gram is deeply troubling, and it follows Then there is Pat Murphy in the With personal hardship, they are wait- solemn commitments from Chinese Southern District of Illinois. I never ing patiently for the opportunity to leaders just last October that China met Pat Murphy before he came to the serve the United States of America as would cut off nuclear assistance to Iran. interview process that CAROL MOSELEY- Federal district court judges. What is more troubling to me, how- BRAUN and I held. I have to tell you, he They have accepted that responsi- ever, is the fact that the Clinton ad- just swept us off our feet. He is such an bility pending our confirmation. ministration has overlooked more than impressive individual. Shouldn’t the Senate accept its respon- a decade of similar promises that have Pat Murphy was born and raised in sibility? Shouldn’t we vote out today, been broken just as quickly and rou- Marion, IL, from a very humble family. or at the latest the first day we can tinely as last October’s promise has He served in the Marine Corps in Viet- next week, these two men so that they now been revealed to have been broken nam. At the age of 17, he enlisted. On can serve their country as Federal dis- on the face of the front pages of this almost exactly his 18th birthday, he ar- trict court judges, so that they can, in city’s newspapers. rived in Vietnam where he served a some way, address the backlog of cases This continued course by this admin- tour of duty as an enlisted man in K in the southern and central districts istration to simply take at face value Company, 3rd Battalion, 1st Marine and give people who have been waiting assurances consistent with other assur- Corps weapons platoon. patiently for their day in court an op- ances and, unfortunately, consistent After he got out of the Marine Corps, portunity for a trial? with the disregard for those assurances Pat Murphy decided to go on to get his I hope we respond to this. I say to my in terms of policy, causes us to ques- college degree and law degree with the colleagues in the U.S. Senate, I am tion whether or not we should have help of the GI bill. going to continue to raise this issue. I been racing into these agreements, and His parents died, and some of his think it is unfair what we are doing to particularly according to China the brothers and sisters were still very these two individuals. I hope the Sen- special standing which we have pro- young. Pat took on the responsibility ate can move very, very quickly to rec- vided to China based on the events of of raising his four younger brothers tify this injustice. last October. and sisters. As he said to us, ‘‘We ended I yield back the remainder of my It is pretty clear to me that, in spite up raising one another.’’ time. of the fact that China assured us last I met Pat’s brother Kevin. He is the Mr. ASHCROFT addressed the Chair. October that they were going to be unit manager and a guard at the Mar- The PRESIDING OFFICER. The Sen- adopting a different posture in regard ion Federal Penitentiary. ator from Missouri. to nuclear proliferation, their policy Pat’s story shows extensive legal ex- Mr. ASHCROFT. Mr. President, I rise and their practice was not altered. perience. Since beginning the practice to address a problem of significant Their policy and practice of providing of law, Pat Murphy has tried almost magnitude. I ask unanimous consent to this kind of proliferation to rogue na- 100 cases. I will tell you, it is hard to speak for up to 10 minutes. tions remains in place. find a trial attorney who can say that. The PRESIDING OFFICER. Without It is, unfortunately, not new that the He has tried almost 100 cases before a objection, it is so ordered. Chinese have broken agreements. I will jury; 200 before a judge. He has rep- f submit for the RECORD a list of events resented banks, municipalities, school and times in which the Chinese have CHINA’S PROLIFERATION boards, insurers and individuals. He said one thing and done another in re- ACTIVITY has tried several criminal cases, rep- gard to nuclear proliferation—starting resenting plaintiffs and defendants. In Mr. ASHCROFT. Mr. President, I rise in 1981, 1983, 1984, 1985, 1986, 1987, 1989, the first year he was eligible, he was today to address a rather disturbing ar- 1990, 1991, another incident in 1991, 1994, elected to the prestigious American ticle that appeared not only in the 1995, 1996, and 1997. College of Trial Attorneys. He has built Washington Times but also in the Now, this list, which has been assem- more than a solid reputation in south- Washington Post, a similar article. The bled by the Nuclear Control Institute, ern Illinois. He has been building a na- headline in the Times says: ‘‘China in merely chronicles the habit, the prac- tional reputation. New Nuclear Sales Effort.’’ The head- tice, and the policy of China in saying Isn’t this the kind of person we want line in the Post: ‘‘U.S. Action Stymied one thing and doing another. to serve on the Federal bench? I think China Sale to Iran.’’ A number of us were stunned last it is, and so does the Judiciary Com- These articles represent a concern of year when the administration said it mittee in unanimously approving his mine, because they detail China’s con- wanted to elevate the standing of nomination. tinuing nuclear proliferation, not just China as it related to nuclear tech- One thing I have to say, though, that nuclear proliferation, but proliferation nology. We were stunned because we shouldn’t be left out of Pat Murphy’s to the nation of Iran. were aware of this list. We were biography is that he is known through- According to these articles, U.S. in- stunned, thinking that if in the sum- out Marion and southern Illinois for telligence discovered secret China-Iran mer of 1997 our own CIA labels China as his unstinting generosity to veterans. negotiations concerning Chinese trans- the world’s worst proliferater of weap- He himself served, as I said, in the Ma- fer of hundreds of tons of anhydrous ons of mass destruction, why would we

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1921 90 days later want to constitute them I will submit this list for the RECORD. American people. I ask unanimous con- as a nuclear cooperator and enter into I will not belabor the Senate with all of sent that it be printed in the RECORD. a nuclear agreement with them that the documentation here, but I would There being no objection, the mate- would entitle them to higher levels of like the list to be included in the rial was ordered to be printed in the information, higher degrees of coopera- RECORD and the documentation be tion with the United States? available to the Senate and to the RECORD, as follows: CHINA’S NON-PROLIFERATION WORDS VS. CHINA’S NUCLEAR PROLIFERATION DEEDS* [From the Nuclear Control Institute]

Date and what China said— What China did—

1981—‘‘Like many other peace-loving countries, China does not advocate or encourage nuclear proliferation, and we In 1981, China supplies South Africa (at that time not a member of the NPT and pursuing a nuclear weapons pro- are emphatically opposed to any production of nuclear weapons by racists and expansionists such as South Africa gram) with 60 tons of unsafeguarded enriched uranium. This enriched uranium may have enabled South Africa to and Israel.’’—Yu Peiwen, head of Chinese delegation to Conference on Disarmament in Geneva, Xinhua, 8/4/81. triple weapons-grade uranium output at the Valindaba facility.1 In 1981, other unsafeguarded Chinese exports include highly enriched uranium, uranium hexaflouride, and heavy water to Argentina, and heavy water to India. Both nations are non-NPT states with nuclear weapons programs at the time.2 1983—‘‘China does not encourage or support nuclear proliferation.’’—Vice Premier Li Peng, Xinhua, 10/18/83 ...... In 1983, China contracts with Algeria, then a non-NPT state, to construct a large, unsafeguarded plutonium-production reactor. Construction of the reactor complex began after November 1984—well after China’s April 1984 pledge to subject all future nuclear exports to IAEA safeguards, and while China is negotiating a nuclear cooperation agreement with the United States.3 China also supplies Algeria with large hot cells, which can be used to handle highly radioactive spent fuel to separate plutonium.4 1984—‘‘We are critical of the discriminatory treaty on the nonproliferation of nuclear weapons, but we do not advo- U.S. officials reveal that, in the early 1980s, China provided Pakistan with the design for a nuclear weapon, and cate or encourage nuclear proliferation. We do not engage in nuclear proliferation ourselves, nor do we help other probably enough highly enriched uranium (HEU) for one to two bombs.5 countries develop nuclear weapons.’’—Premier Zhao Ziyang, White House state dinner on 1/10/84, Xinhua, 1/11/84 (Note: A U.S. official later said that ‘‘These were solemn assurances with in fact the force of law,’’ AP, 6/15/84). 1985–86—‘‘China has no intention, either at the present or in the future, to help non-nuclear countries develop nu- In addition to covering up its export of the unsafeguarded reactor to Algeria, China secretly sells Pakistan tritium, clear weapons.’’—Li Peng, Chinese Vice Premier, Xinhua, January 18, 1985. an element used in the trigger of hydrogen bombs as well as to boost the yield of fission weapons.6 ‘‘The Chinese made it clear to us that when they say they will not assist other countries to develop nuclear weapons, this also applies to all nuclear explosives . . . We are satisfied that the [nonproliferation] policies they have adopted are consistent with our own basic views.’’—Ambassador Richard Kennedy, Department of State, Con- gressional testimony, 10/9/85. ‘‘Discussions with China that have taken place since the initialling of the proposed [nuclear] Agreement have contributed significantly to a shared understanding with China on what it means not to assist other countries to acquire nuclear explosives, and in facilitating China’s steps to put all these new policies into place. Thus, ACDA believes that the statements of policy by senior Chinese officials, as clarified by these discussions, represent a clear commitment not to assist a non-nuclear-weapon state in the acquisition of nuclear explosives.’’—ACDA, ‘‘Nuclear Proliferation Assessment Statement,’’ submitted to Congress on 7/24/85 with the U.S./China Agreement for Cooperation, 7/19/85. ‘‘China is not a party to the NPT, but its stance on the question is clear-cut and above-board . . . it stands for nuclear disarmament and disapproves of nuclear proliferation . . . In recent years, the Chinese Government has more and more, time and again reiterated that China neither advocates nor encourages nuclear proliferation, and its cooperation with other countries in the nuclear field is only for peaceful purposes’’.—Ambassador Ho Qian Jiadong, speech given at the Conference on Disarmament in Geneva, 6/27/85 (quoted by Amb. Richard Kennedy in congressional testimony, 7/31/85). 1987–89—‘‘China does not advocate or encourage nuclear proliferation, nor does it help other countries develop nu- In 1989, China agrees to build a light-water reactor for Pakistan, begins assisting Iran’s development of indigenous clear weapons.’’—Vice Foreign Minister Qian Qichen, Beijing Review, 3/30/87. manufacturing capability for medium-range ballistic missiles, and assists Iraq in the manufacture of samarium- ‘‘As everyone knows, China does not advocate nor encourage nuclear proliferation. China does not engage in devel- cobalt ring magnets for uranium-enrichment centrifuges.7 oping or assisting other countries to develop nuclear weapons.’’—Foreign Ministry spokesman, Beijing radio, 5/4/89. 1990—‘‘. . . the Chinese government has consistently supported and participated in the international community’s In September 1990, after Iraq’s invasion of Kuwait and the imposition of an international trade embargo, China pro- efforts for preventing the proliferation of nuclear weapons.’’—Ambassador Hou Zhitong, Xinhua, 4/1/91. vides Iraq with lithium hydride, a chemical compound useful in both boosted-fission and thermonuclear (hydrogen) bombs, as well as in ballistic missile fuel.8 1991—‘‘The report claiming that China provides medium-range missiles for Pakistan is absolutely groundless. China Sometime around 1991, China provides ballistic missile technology to Syria, including the nuclear-capable M–9 mis- does not stand for, encourage, or engage itself in nuclear proliferation and does not aid other countries in devel- sile. In 1993, a Chinese corporation exports ammonium perchlorate, a missile fuel precursor, to the Iraqi govern- oping nuclear weapons.’’—Foreign ministry spokesman Wu Janmin, Zhongguo Ximwen She, 4/25/91. ment via a Jordanian purchasing agent.9 In August 1993, the United States imposes sanctions on China for exporting nuclear-capable M–11 ballistic missiles to Pakistan. 1991—‘‘China has struck no nuclear deals with Iran . . . This inference is preposterous.’’ Chinese embassy official In 1991, China supplies Iran with a research reactor capable of producing plutonium 10 and a calutron, a technology Chen Guoqing, rebutting a claim that China had sold nuclear technology to Iran, letter to Washington Post, 7/2/91. that can be used to enrich uranium to weapons-grade.11 (Calutrons enriched the uranium in the ‘‘Little Boy’’ bomb that destroyed Hiroshima, and were at the center of Saddam Hussein’s effort to develop an Iraqi nuclear bomb.) 1994—‘‘China does not engage in proliferation of weapons of mass destruction . . .’’—Foreign Minister Qian Qichen, China supplies a complete nuclear fusion research reactor facility to Iran, and provides technical assistance in AP newswire, 10/4/94. making it operational.12 China, with apparent U.S. acquiescence, agrees to replace France as supplier of low-enriched uranium fuel for India’s U.S.-supplied Tarapur reactors. The U.S. cut off supply of LEU soon after India’s nuclear explosion of 1974. This LEU supply makes it easier for India to concentrate other nuclear assets on its weapons program.13 1995—‘‘China has never transferred or sold any nuclear technology or equipment to Pakistan . . . We therefore hope In 1995, China exports 5,000 ring magnets to Pakistan. Such magnets are integral components of high-speed gas the U.S. Government will not base its policy-making on hearsay.’’—Foreign Ministry Deputy Secretary Shen Guofang, centrifuges of the type used by Pakistan to enrich uranium to weapons-grade.14 Hong Kong, AFP, 3/26/96 (after discovery of the ring magnet sale to Pakistan). 1996—‘‘. . . We have absolutely binding assurances from the Chinese, which we consider a commitment on their In July 1997, a CIA report concludes that, in the second half of 1996, ‘‘China was the single most important sup- part not to export ring magnets or any other technologies to unsafeguarded facilities . . . The negotiating record is plier of equipment and technology for weapons of mass destruction’’ worldwide.15 The report also states that, for made up primarily of conversations, which were detailed and recorded, between U.S. and Chinese officials.’’—Under the period July to December 1996—i.e. after China’s May 11, 1996 pledge to the United States not to provide Secretary of State Peter Tarnoff, congressional testimony, 5/16/96. assistance to unsafeguarded nuclear facilities—China was Pakistan’s ‘‘primary source of nuclear-related equip- ‘‘China’s position on nuclear proliferation is very clear . . . It does not advocate, encourage, or engage in nuclear ment and technology . . .’’ 16 proliferation, nor does it assist other countries in developing nuclear weapons. It always undertakes its international legal obligations of preventing nuclear proliferation . . . China has always been cautious and responsible in handling its nuclear exports and exports of materials and facilities that might lead to nuclear proliferation.’’—Statement by Foreign Ministry spokesman Cui Tiankai, Beijing, Xinhua, 9/15/97. 1997—‘‘The question of assurance does not exist. China and Iran currently do not have any nuclear cooperation . . . According to a CIA report, China is ‘‘a key supplier’’ of nuclear technology to Iran, exporting over $60 million worth We do not sell nuclear weapons to any country or transfer related technology. This is our long-standing position, annually. Fourteen Chinese nuclear experts are reportedly working at Iranian nuclear facilities.17 this policy is targeted at all countries.’’ Foreign Ministry spokesman Shen Guofang, Los Angeles, 11/2/97, Reuters, 11/3/97. ‘‘I wish to emphasize once again China has never transferred nuclear weapons or relevant technology to other countries, including Iran . . . China has never done it in the past, we do not do it now, nor will we do it in the future.’’—Foreign Ministry spokesman Shen Guofang, Kyodo, 10/21/97.

END NOTES * China’s non-proliferation statements are documented in Rep. Benjamin Gilman, ‘‘China’s Nuclear Nonproliferation Promises: 1981–1997,’’ Congressional Record, November 5, 1997, p. H10073. China’s proliferation deeds are documented in Steven Dolley, ‘‘China’s Record of Proliferation Misbehavior,’’ Nuclear Control Institute, September 29, 1997. 1 Leonard Spector, Nuclear Ambitions, 1990, p. 274; Michael Brenner, ‘‘People’s Republic of China,’’ in International Nuclear Trade and Nonproliferation, Ed. William Potter, 1990, p. 253. 2 Judith Miller, ‘‘U.S. is Holding Up Peking Atom Talks,’’ New York Times, September 19, 1982; Brenner, ibid,; Gary Milhollin and Gerard White, ‘‘A New China Syndrome: Beijing’s Atomic Bazaar,’’ Washington Post, May 12, 1991, p. C4. 3 Vipin Gupta, ‘‘Algeria’s Nuclear Ambitions,’’ International Defense Review, #4, 1992, pp. 329–330. 4 Mark Hibbs, ‘‘Move to Block China Certification Doesn’t Concern Administration,’’ Nucleonics Week, August 7, 1997, p. 11. 5 Leslie Gelb, ‘‘Pakistan Link Perils U.S.-China Nuclear Pact,’’ New York Times, June 22, 1984, p. A1; Leonard Spector et al., Tracking Nuclear Proliferation, Carnegie Endowment for International Peace, 1995, p. 49. 6 Milhollin and White, ‘‘A New China Syndrome,’’ op cit., p. C4. 7 ‘‘Iraq and the Bomb,’’ MidEast Markets, December 11, 1989, p. 130. 8 Tim Kelsey, ‘‘Chinese Arms Dealers Flaunt U.N. Embargo—China Ships Vital Nuclear Cargo to Iraq,’’ London Sunday Independent, September 30, 1990, reprinted in Congressional Record, October 18, 1990, p. H10531. 9 Export Control News, December 30, 1994, p. 14. 10 Kenneth Timmerman, ‘‘Tehran’s A-Bomb Program Shows Startling Progress,’’ Washington Times, May 8, 1995. According to Timmerman, China and Iran did not report the 1991 purchase of this reactor to the IAEA. 11 Marie Colvin, ‘‘Secret Iranian Plans for a Nuclear Bomb,’’ Sunday Times (London), July 28, 1991; Russell Watson, ‘‘Merchants of Death,’’ Newsweek, November 18, 1991, p. 38. 12 Gary Milhollin, Wisconsin Project, Testimony before the Senate Select Committee on Intelligence, September 18, 1997, p. 8. 13 Mark Hibbs, ‘‘Reported VVER–1000 Sale to India Raises NSG Concern on Safeguards,’’ Nucleonics Week, January 12, 1995, p. 1. 14 Tim Weiner, ‘‘Atom Arms Parts Sold to Pakistan by China, U.S. Says,’’ New York Times, February 8, 1996, p. A1. 15 U.S. Central Intelligence Agency, Nonproliferation Center, ‘‘The Acquisition of Technology Relating to Weapons of Mass Destruction and Advanced Conventional Munitions,’’ 1997, p. 5. See also Mark Hibbs, ‘‘DOD, ACDA Want China Ac- cord Link to Other Weapons Export Limits,’’ Nucleonics Week, August 21, 1997, p. 2; Tim Weiner, ‘‘China is Top Supplier to Nations Seeking Powerful, Banned Arms,’’ New York Times, July 3, 1997, p. A10. 16 CIA report, ‘‘The Acquisition of Technology Relating to Weapons of Mass Destruction,’’ op cit., p. 5. 17 CIA report, ibid.; Con Coughlin, ‘‘U.S. Sounds Alarm Over Iran Nuclear Threat,’’ Sunday Telegraph (London), February 23, 1997, p. 24.

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1922 CONGRESSIONAL RECORD — SENATE March 13, 1998 Mr. ASHCROFT. Now, this most re- endow them with our full trust and tinue to proliferate weapons of mass cent set of incidents, of course, re- confidence. destruction. In light of the reports on vealed in the Washington Times today, I opposed President Clinton’s deci- China’s continuation of proliferation and in the Washington Post as well, sion to begin nuclear cooperation with activity, the proposed United States- and I am sure in other newspapers China based on the CIA report, based China summit meeting in June should across the country, was the subject of a on this heritage of denying and break- be reconsidered. special briefing to Members of the U.S. ing these agreements. And now the Mr. President, the decision to begin Senate very recently. I was not a part newspapers of this morning, from both nuclear cooperation with China was a of that briefing and I do not know what the right and the left, if you will, have political one. It was driven by the ad- was said at the special briefing, but the said that China was in the process of ministration’s desire to have a ‘‘mean- information that I am including is in- breaking these agreements currently ingful’’ meeting, an event strategy. formation from these news sources. I after China has given its word. Well, ‘‘meaningful’’ events cannot re- want to make it clear that I would not In order for United States-China nu- place substantive foreign policy. We be breaching any special information clear cooperation to proceed, the Presi- cannot say in one part of the world to provided to the Senate. I was not a dent certified to Congress that China— Saddam Hussein, ‘‘Well, we’ll go to war party to it. But the information is well and this is what he certified—‘‘is not with you over weapons of mass destruc- known. assisting and will not assist any non- tion,’’ while we are winking at some- What is perhaps in some measure nuclear-weapon state, either directly one else, saying, ‘‘Well, it’s OK if you troubling is that the administration or indirectly, in acquiring nuclear ex- continue to break your word and pro- sought to portray this episode with plosive devices or the material and liferate weapons of mass destruction’’ China as a success. They say, ‘‘Look components for such devices.’’ to equally dangerous rogue regimes. It what we stopped. Look what we were The President’s haste to make this undermines America’s credibility in able to do.’’ They say that China re- certification seriously undermined U.S. combating the proliferation of weapons sponded more swiftly to our complaints counterproliferation credibility, credi- of mass destruction. It is not worth the this time, that when we caught them bility that would be desperately needed photo-op that we get from the Chinese red-handed in the process of breaking just a few weeks later in a confronta- by having a summit if we have to de- their word, they were more ready to tion with Saddam Hussein over the stroy our policy and threaten the secu- admit they were breaking their word. same issue of the threat of weapons of rity of this globe to do it. To hear administration officials talk, mass destruction—not a unique issue. I believe that it is time for us to have the swiftness of China’s response to the Mr. President, the startling incon- a policy, a policy that is unmistakable exposure of their proliferation activity sistencies in this administration’s pol- and clear and a policy that is re- is grounds for disregarding that the ad- icy regarding the proliferation of weap- spected, that weapons of mass destruc- ministration was hoodwinked by the ons of mass destruction, these incon- tion are not to be tolerated and that Chinese all along. sistencies are putting the national se- the United States will not extend privi- Well, the inventory since 1981 is sort curity of our country at risk. Sec- leges of nuclear cooperation to those of the litany, if you will, of the insist- retary of State Madeleine Albright who would take nuclear resources and ent and nagging record of proliferation talks about NATO’s new central mis- make them available to rogue nations violation after proliferation violation sion as combating the proliferation of as weapons of mass destruction. after proliferation violation upon pro- weapons of mass destruction. The The PRESIDING OFFICER. The Sen- liferation violation. These things pro- United States almost went to war last ator’s 10 minutes has expired. vided a basis for saying to the adminis- month in the Persian Gulf over the Mr. ASHCROFT. Mr. President, I tration, we should not trust the Chi- threat of weapons of mass destruction. yield the floor and thank the Chair. nese, at least without some record, We still face the prospect of having Mr. GLENN addressed the Chair. without some record that proliferation to use military force to address the The PRESIDING OFFICER. The Sen- will stop, and yet within days after our threat posed by Saddam Hussein’s ator from Ohio. CIA labeled the Chinese as the world’s weapons of mass destruction. And yet, f worst proliferaters, we in this adminis- in spite of all this, the administration’s tration seemed ready to believe their rhetoric on counterproliferation—in CONGRATULATIONS, SENATOR next assurance. And, of course, these spite of the continuing object lesson of FORD newspapers indicate that our belief Saddam Hussein and the threat posed Mr. GLENN. Mr. President, earlier should have been in their practice and by his terrorist government—the Clin- today Senator DASCHLE, our minority policy of the past, which has been a ton administration has entered into a leader, made some remarks in tribute policy of betrayal and a policy of dis- nuclear cooperation agreement with to the longest-serving Senator from regard, not a policy of compliance with China, the world’s worst proliferater of Kentucky to serve in the U.S. Senate, agreements relating to nonprolifera- weapons of mass destruction. And we and that is WENDELL FORD, our minor- tion of nuclear weapons. know, as of this week, that China is re- ity whip. Who knows what other nuclear as- pudiating the basis of those agree- I wanted to add my words of con- sistance projects China has in store ments. gratulations, in recognition of this per- with Iran or other rogue regimes. Who Just as Saddam Hussein has out- son that I believe to be one of our most knows how many such projects we have maneuvered this administration to outstanding U.S. Senators. He is a very not detected, have not called their keep his weapons of mass destruction dedicated public servant. He is also a hand on, have not asked them to stop in Iraq, China has outmaneuvered this good personal friend. He is the senior because we did not know about them. administration to continue to pro- Senator from Kentucky, WENDELL We happen to intercept information liferate weapons of mass destruction to FORD. I don’t think it is any accident here. Iran. Not only is Beijing continuing to that the people of Kentucky have re- Given China’s past proliferation pursue nuclear assistance to Iran, but, turned WENDELL time after time, one record, and given that the 1997 CIA re- according to the CIA, China is a major election after another, to where he now port that called China—and I quote— supplier to Iran of chemical weapons has served here almost a quarter of a ‘‘the most significant supplier of weap- and missiles technology as well. century. ons of mass destruction-related goods I call on the President to put a halt WENDELL, of course, is a very person- and technology to foreign countries’’— to nuclear cooperation with China. The able person. He likes people. I think that was a quote; the CIA labeled them President, in my opinion, has pursued a that was evidenced early in his career that less than a year ago—it is pretty policy of blind engagement with the when I believe he was national presi- clear that people of good sense would Chinese. It is a policy which disregards dent of the Jaycees. Later on, the peo- say, maybe we ought to ask that they the facts, the litany of breaches on the ple of Kentucky, after having elected be compliant, maybe we ought to ask part of the Chinese. It disregards the him Governor for a term, then elected that they observe their agreements for facts of continuing breaches of their him to the U.S. Senate. He has served at least a short interval before we agreements by the Chinese who con- them well here over the last nearly

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1923 quarter of a century. I had the honor tion to the horses in Kentucky, and the very valued colleague and a personal and privilege to serve alongside him for big business that is in Kentucky, and friend to me in the Senate. His com- all that time since he came to the Sen- his attention to things like the Ken- pany will truly be one of the things I ate. He and I were sworn in at about tucky Derby and so on. But he would will miss next year, and I think, most the same time, and for the first few appreciate it that we know him as a of all, the people of Kentucky are going years we were here, by the luck of the ‘‘workhorse,’’ not just as a show horse, to miss the kind of leadership he has draw, we sat side by side in the Senate here in the U.S. Senate. He is always provided. We are here today not to talk Chamber. That was back in the time working behind the scenes for whatever about that, but to recognize that today period when we had many all-night ses- the interests are of the party or his in- marks the day when he becomes the sions, and you got to know a person terests for Kentucky. And he has pro- longest-serving Senator to ever serve pretty well when you sat and shared vided strong leadership in his ability as from the State of Kentucky. I want to views with them during some of those a negotiator and his talents for finding recognize him for that. extended debates and lengthy all-night compromise that have served both par- Mr. President, I yield the floor, and I sessions. ties and the Nation extraordinarily suggest the absence of a quorum. WENDELL is certainly known for his well. The PRESIDING OFFICER. The wit and humor. I remember once we He has been in the forefront of many clerk will call the roll. were sitting here about 3:30 or 4 o’clock issues during his career in the Senate, The assistant legislative clerk pro- in the morning and a debate was going including such more recent things in ceeded to call the roll. on. WENDELL nudged me and said, ‘‘You just the last few years as motor-voter Mr. LOTT. Mr. President, I ask unan- know, John, the people back home legislation, trying to make sure that imous consent that the order for the think we are the ones that won.’’ I got every person in this country has a quorum call be rescinded. a kick out of that. We were going maximum opportunity to exercise the The PRESIDING OFFICER. Without through some very troubled times in right to vote. Lobbying reform and objection, it is so ordered. the U.S. Senate at that time. campaign finance reform have been of f The Senate class of 1974 was one that particular interest in recent years. UNANIMOUS CONSENT REQUEST— I think was remarkable not only be- Of course, Kentucky is first. I just H.R. 2646 cause I happened to be one of those wish I could say that I have been as people but because it came in on the tireless an advocate for Ohio as he has Mr. LOTT. Mr. President, I ask unan- tail-end of Watergate. Watergate been for Kentucky, because even when imous consent that the Senate now played an issue in that year’s election. we have disagreed on things, we find a proceed to Calendar No. 227, H.R. 2646, But the people we elected that year in- way to work them out. WENDELL rep- the education individual retirement ac- cluded a number of outstanding public resents Kentucky and the interests of counts bill, and it be considered under officials who would continue illus- the people of Kentucky first. That the following agreement. trious public careers, including John comes out all the time. He and I have Before I make this request, I do want Culver, Robert Morgan, Paul Laxalt, worked together on matters of mutual to say again how much I appreciate all James Jake Garn, Gary Hart, and four interest, including the regional airport the cooperation we had on the ISTEA, Senators still serving—myself and Sen- in Cincinnati and Department of En- bill. I think it is an example of what we ators FORD, BUMPERS, and LEAHY. With ergy facilities that are both in Ken- can do when we work together on im- the announced retirements that we tucky and in Ohio. portant legislation in a bipartisan way, have already, Senator LEAHY will be As I mentioned earlier today, Sen- and also across the aisle, the bipartisan the only representative out of that ator FORD’s service in the Senate will support we had on the China human class of 1974 still remaining at the end surpass the length of surface of Alben rights resolution, and on the resolution of this year. Barkley, who had previously been the naming Saddam Hussein as a war The distinguished Senator from Ken- longest-serving Senator from Ken- criminal. tucky, Senator FORD, has served on the tucky. Senator FORD will have served This has been a very productive Senate Rules Committee for many longer than any other Kentuckian in week. I hope we can find a way to do years, been chairman and ranking the Senate, including such statesmen the same thing again next week. I member. He became an expert on dis- as Henry Clay, John Breckenridge, would like for us to find a way to con- puted elections quite early on in his Happy Chandler, and John Sherman sider in the fairest possible procedure service, because one of the first issues Cooper. this very important education bill, the that that class of 1974 faced in the Sen- I think WENDELL FORD adds an illus- Coverdell A+ bill which does include, in ate was the disputed election in New trious career that matches any of those addition to the Coverdell A+ provisions Hampshire between John Durkin and other people the great State of Ken- with regard to saving for your chil- Louis Wyman. In that case, the Senate tucky has sent to the Senate through dren’s education, a special provision determined that a new election was the years. With WENDELL, you always for a prepaid tuition deduction, and for necessary. So WENDELL got tossed into know where you stand, but he also a deduction of graduate education ex- that maelstrom of disputed elections knows how to disagree without being penses. Those last two items were re- very early on. I say that hasn’t ended disagreeable at the same time. quested by a bipartisan group. We have through all these years either, because He is known for his wit, humor, and other important matters that I believe even during this last year he worked intense discussions. He knows how to will be bipartisan, including dealing toward a successful solution in the break the tension with a little humor, with NATO enlargement. So I hope we Louisiana election dispute. a joke, or something that applies. can find a way to come to an agree- I can say without any contradiction I would be remiss if I didn’t mention ment on how to proceed on these bills. that Senator FORD is truly a Senator’s one other thing, and that is his dedica- So I would like to now go through Senator. He is rarely on the floor mak- tion to his family—Jean, his wife, and the agreement that I have been seeking long speeches and posturing before his children and grandchildren. I re- ing. I understand that Senator DURBIN the camera. That is rare. In fact, he member last August, when other Sen- will have some reaction once I get to never does that. But his voice is heard. ators were talking about what trips the end of this. His influence is heard on almost all they were planning, and I asked WEN- Mr. President, I ask unanimous con- issues, because the Senate, his fellow DELL if he was planning to travel, he sent that immediately following the Senators on the Democratic side, said, ‘‘Yep; I’m going to travel to Ken- reporting of the bill by the clerk, the sought at this time to elect him as our tucky to go fishing with the grand- chairman of the Finance Committee be whip, our No. 2 person in the hierarchy children.’’ That is exactly what he did, recognized to send an amendment to of leadership in the Senate. and I’m sure the grandchildren were the desk reflecting the Finance Com- I think Senator FORD would appre- the better off for it. mittee action on the Coverdell bill. I ciate the fact, coming from Kentucky— So I’m pleased to join my colleagues further ask unanimous consent that and I have heard him make comments in recognition of the long service of following the ascertaining of this con- about the horses, and all of his atten- Senator WENDELL FORD. He has been a sent, Senator DASCHLE be recognized to

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1924 CONGRESSIONAL RECORD — SENATE March 13, 1998 offer his alternative amendment—I un- more—specifically, that the two judges mensely fair and provides for an or- derstand he had been working on a sub- who are pending on the Executive Cal- derly process, again, for this very im- stitute; and I thought it was a good endar since November of last year from portant legislation. way to start off the debate to have the the State of Illinois, judges I referred American people care about edu- minority offer their alternative amend- to earlier as coming from districts with cation in this country. When I go ment—and that no other amendments extraordinary problems because of around this country and back to my be in order prior to a vote on or in rela- these vacancies, I hope these judges own State, other than being worried tion to the Daschle amendment. can be considered, and considered very about crime and being safe in their I further ask unanimous consent that soon. schools, having safety in their neigh- it be in order for me to send a cloture I have tried to say to all of my col- borhood, safety in the schools and edu- motion to the desk to the Finance leagues, Democrats and Republicans, cation are right at the top. People are Committee amendment and that the that I stand ready to work with you to saying, Why is elementary and sec- cloture vote occur on the committee move this calendar’s agenda as quickly ondary education not working in amendment at a time to be determined as possible. I hope they will empathize America? We are spending more and by the majority leader, after notifica- with the challenge that faces us in the more money, and the grades are going tion and consultation with the minor- Southern and Central Districts of Illi- down. Why is higher education in ity leader, but not before the vote in nois and that we can call these judges America the best in the world and ele- relation to the Daschle amendment. So for consideration as quickly as pos- mentary and secondary ranks some- the cloture motion would not even be sible. thing like 19th in the world? They want filed under this request until after the For that reason, for that reason better quality education, they want DASCHLE substitute had been consid- alone, I do object. more choice in education, they want ered and dealt with by a vote. The PRESIDING OFFICER. Objec- safer schools, and they want zero toler- I further ask unanimous consent that tion is heard. ance for drugs in schools. Mr. LOTT. I do want to say to the the mandatory quorum under rule XXII This is the first opportunity this year Senator from Illinois, I am very much be waived and that first-degree amend- where we have a chance to really begin aware of these two judicial nomina- ments be filed 1 hour after the cloture to move toward that by allowing peo- tions. As I promised I would do yester- ple—parents, and grandparents, and vote, with second-degree amendments day, I did talk to Senators from our people that want to provide for schol- to be filed within 24 hours of the clo- side of the aisle that have some objec- arships to deserving children—to give ture vote. tions. It goes back to last year. The Before the Chair puts the question to an opportunity to choose a different Senator knows all the details. I appre- the Senate, let me summarize this con- school or get a computer for an eighth ciate the fact that he did not object to grader or tutoring for a fourth grader. sent, which I believe is fair and pro- judges that the administration sent I know it will have bipartisan support. vides for an orderly consideration of here from Texas earlier this week, and I have to admit that Senator the education A+ bill. I hope that we can continue to work to The agreement, if agreed to, is that TORRICELLI has been very helpful to the see if some agreement can be worked the Senate would now begin consider- Senator from Georgia in moving this out as to how and when they might be legislation forward. ation of this bill. The chairman of the considered. So as a result of the objection, then, Finance Committee would immediately And I know that the Senator, per- I have no option but to go ahead and be recognized to offer the Finance haps, has some objection to us pro- move toward the calling of the bill and Committee action. Then Senator ceeding with the ocean shipping legis- then filing a cloture motion. I want the DASCHLE would offer his substitute, lation; we have worked out an agree- American people to know that the ob- whatever version that he would like to ment on how to proceed on that. This jection is to the motion to proceed, not have, of the legislation. We would have is a bill we have been working on for a even on the bill, to even proceed with an agreed-to period of debate. And then couple of years, in a bipartisan way, this very, very important education we would have a vote, without any en- again. Senator BREAUX from Louisiana legislation. cumbrance, on that amendment. Then has been involved; Senator SLADE GOR- I am not sure, really, that I under- following that vote, we would have a TON of Washington, who has some ob- stand why there is this objection. I do cloture vote, and then the time for jections and has an amendment on it; think it is unfortunate. But at this that would be determined by mutual and also, of course, Senator KAY BAI- point we will start the process, and I agreement. If cloture should be in- LEY HUTCHISON, who is the chairman of will file the cloture motion at this voked, the remainder of the consider- the subcommittee. time. I must also note, though, that it ation of the bill would be governed You have a bill that you have a hold does tend to delay legislation. There under the provisions of Rule XXII. If on. Am I clear that you are objecting are those that are going to say, Why cloture is not invoked, the bill would to proceeding with this agreement be- doesn’t the Congress do more? Well, be open to further amendments, with cause of the hold on the two Illinois this is exhibit A, because it has gotten no limitation as to time or subject judges? Or are you objecting on behalf to where in the Senate we have to file matter. of the minority leader or the minority? cloture to stop a filibuster on almost If this agreement is agreed to by the I don’t think you want to leave the im- every bill. Senate, I would, of course, give Mem- pression that you are objecting to this This month, we need to complete this bers ample notification as to when the bill because of a couple of judicial education bill, take up the NATO en- two votes would occur, those being a nominations that have not yet been largement legislation, take up a budget vote with respect to the Daschle moved. Is that accurate? resolution so we can get it done before amendment and the cloture vote. Mr. DURBIN. If the majority leader April 15—which is what the law re- So I will now yield the floor for the will yield, I am asking that we sched- quires, I might add—deal with the sup- Chair to put the question on this. I ule as quickly as possible the confirma- plemental appropriations request for urge all my colleagues to agree to this. tion of these two judges. I am trying to natural disasters in this country, the The PRESIDING OFFICER. Is there call the attention of the Senate to the cost for our defense, and for Bosnia and objection? fact that they have been on the cal- Iraq, how do we deal with IMF; we have Mr. DURBIN. Reserving the right to endar since last November. There are to have, under the law, a vote on the object, I say to the majority leader I extraordinary hardships back in the Mexican decertification issue, again thank him for the conversation we had State of Illinois. I know of no other with relation to drugs; and we want to over the last several days about a mat- way, and I have tried every way, to get IRS reform done before we leave to ter of concern to me and I hope to the avoid this objection. I do not speak for go home for the Easter recess. Every Senate. the minority leader but only as one time something happens that delays My objection to your unanimous con- Senator from the State of Illinois. And another day, it shoves all of this down sent request is not based on the belief I do object. the line. we should be doing less business but in Mr. LOTT. Mr. President, I regret the I must add, I am being asked by Sen- the hope we will be able to do a little objection. I think this agreement is im- ators like MOYNIHAN of New York and

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1925 SMITH of New Hampshire to delay the portunity to develop the educational debate. If you listen to the unanimous NATO enlargement until at least after savings account at that time. We were consent proposal of the majority lead- the Easter recess or maybe even until unable to break their filibuster, though er, it could not have been framed in a June. Any time a Senator of either we received 56 votes, needing 60 to do more balanced way to let the other side party makes that kind of request to it. I remember the other side saying it make its case and have its votes and the majority leader, you have to think is really not a bad idea; it’s just the then move on to the work of perfecting about it, you have to take their re- process. education savings accounts. quest in consideration—have they had Well, in this setting of the Congress, Filibuster is the only response we enough time? Will more time be helpful this legislation has now gone through have gotten. in the discourse? I personally think we the Finance Committee and has been Filibuster. should go forward with the debate. I reported to the floor 11–8 on a bipar- Now, the threat of the idea, Mr. will give the details why I think that tisan basis. The legislation has been President, is last year in the tax bill later on, but this delay affects every- expanded considerably—which I will passed by the Senate, passed by the thing else down the line. address in a moment—to meet the House, signed by the President in a glo- rious celebration at the White House— f thoughts of the other side. Eighty percent of the financial impact of the leg- they don’t come with much more pomp EDUCATION SAVINGS ACT FOR islation now, in terms of tax relief, is than the celebration of signing the bal- PUBLIC AND PRIVATE SCHOOLS based on ideas from the other side. anced budget agreement and the tax re- Mr. LOTT. I now move to proceed to We come today, after finalizing the lief proposal—the first balanced budget H.R. 2646, the Coverdell education bill, highway matter, to bring an edu- in 30 years, the first tax relief in 16 and I send a cloture motion to the cational proposal before the Senate, to years. Embraced in that tax relief was desk. move on with the work of the Senate, a proposal that said that a family can The PRESIDING OFFICER. The clo- remembering that the House has al- save $500 per year and the interest ture motion having been presented ready passed this. We are confronted buildup would be protected from tax- under rule XXII, the Chair directs the with a filibuster. The emperor has no ation, so long as the proceeds in the ac- clerk to read the motion. clothes—we have now removed every- count are used for higher education The assistant legislative clerk read thing that was brought forward by the costs. It was means tested, which I as follows: other side and we are still in a fili- don’t generally subscribe to. It was CLOTURE MOTION buster. means tested for taxpayers, as an indi- We the undersigned Senators, in accord- Now, the good Senator from Illinois vidual making $95,000 or less, or a cou- ance with the provision of rule XXII of the says that this filibuster deals with two ple making $150,000 or less. This IRA of Standing Rules of the Senate, do hereby nominees for the judiciary from his $500 could be used by families that met move to bring to a close debate on the mo- State. I take the Senator at his word. that criteria. tion to proceed to H.R. 2646, the But my suspicions are great. I recog- So our proposal, which passed the A+Education Act: nize that the other side, despite what Senate and the House and which the Trent Lott, Paul Coverdell, Craig Thom- was said last year, despite what was President could not accept and is now as, Rod Grams, Chuck Hagel, Tim Hutchinson, Kay Bailey Hutchison, done in the Finance Committee, is fili- before us in this legislation, is quite Mike DeWine, Bob Bennett, John bustering these ideas. They are defend- simple. It took the $500 that the family McCain, Don Nickles, Chuck Grassley, ing the status quo. It’s mind-boggling could save every year for college, and Mitch McConnell, Wayne Allard, Phil to me, looking at the data that we read we said that we are going to make that Gramm, John Ashcroft. almost on a weekly basis here about larger, we are going to increase it from Mr. LOTT. I ask unanimous consent what is happening, particularly in $500 to $2,000. And, Mr. President, we that this cloture vote occur at 12:15 on grades kindergarten through high said we are going to make it applicable Tuesday, March 17, and the mandatory school, that we would be so ardently to all education needs—not just col- quorum under Rule XII be waived. defending the status quo and standing lege, but beginning in kindergarten, The PRESIDING OFFICER. Without in front of and blocking every idea first, second, third, right on through objection, it is so ordered. coming forward—even their own ideas. high school. The account is made larg- Mr. LOTT. I yield the floor for Mem- This filibuster, in a word, is outer so that more money can be saved bers to begin the debate on a motion to rageous. It is prolonged far beyond and more dollars can be made available proceed. process. It is nothing more than a de- for college and/or any educational I thank Senator GLENN for allowing fense of the status quo. I leave it with need, kindergarten through high me to complete that action. that word, Mr. President, ‘‘out- school. That is it. That is what is being Mr. COVERDELL addressed the rageous’’; it is an outrageous attempt filibustered. Chair. to thwart and block these new ideas This savings account, by moving it to The PRESIDING OFFICER (Mr. BEN- that are designed to help parents and kindergarten through high school, al- NETT). The Senator from Georgia is children and people trying to improve lows vast new resources to be used recognized. their education as we come into the where we are having the most dif- Mr. COVERDELL. Mr. President, it new century. ficulty. There is no higher education is a bit unexpected that the other side Now, Mr. President, let me talk system in the world that competes is continuing to filibuster a very com- about this idea that the other side with ours. It’s true that costs are a mon sense educational proposal. can’t seem to embrace—at least a good problem, and these accounts address We began this odyssey on June 27, number of them. I must say before I that. But when you look at kinder- 1997, when the Senate passed an amend- proceed, Mr. President, that Senator garten through high school, we don’t ment offered by myself to create edu- TORRICELLI of New Jersey, my prin- stand up all that well to the rest of the cational savings accounts, and it cipal cosponsor, has been tireless in his world. So this is an attempt to make passed 59–41. Subsequent to that, the work on the other side to promote this us, the parents, more able to deal with President of the United States indi- commonsense idea of creating edu- problems associated in grades kinder- cated that he would veto the entire tax cation savings accounts for American garten through high school or, if they relief package of last year if this families. He has been a great ally, fear- want, through college or, if needed, for amendment remained in the bill. We less in his work of trying to take the a disabled student even after that. So will come to that a bit later. It was case to his colleagues. I just can’t we have taken an idea that has been then introduced as freestanding legisla- praise his work enough. There have passed by the Senate, passed by the tion, and the other side debated it, fili- been others, such as Senator BREAUX, House, signed by the President, and ex- bustered it, and indicated that the fili- in the Finance Committee, and Senator panded it to do more. And the other buster was based entirely on the fact LIEBERMAN of Connecticut, and Senator side is filibustering that. that it had not gone through the com- GRAHAM of Florida who have brought There is no difference in the criteria, mittee appropriately. It was a proce- meaningful ideas to the proposal that the means testing, the function of the dural filibuster. So they denied the op- we are trying to bring to the floor to account. It is just made larger and adds

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1926 CONGRESSIONAL RECORD — SENATE March 13, 1998 more utility. It can be used in more can put whatever they can afford to education. We have a crisis in kinder- places. Mr. President, the cost of this save in the account. But so can the garten through high school. We need to proposal, in the context of our budget, grandparents. So can the child’s grand- start generating many ideas. This is is pretty minuscule. Over 5 years, it al- parents. So can a next-door neighbor. just one, although this is a multibil- lows families to save about $760 million So can a church. Mr. President, so can lion-dollar one. But we need many new across the Nation. But, Mr. President, an employer, or a labor union, or a be- ideas to start focusing the Nation’s at- it will involve, according to the Tax nevolent association. Anyone can con- tention on making sure that our chil- Committee, about 14 million families. tribute to these accounts. dren are ready to govern the next cen- That is almost half the families with So the numbers I have given, which tury. children in elementary school years. I are multibillions of nontax dollars Mr. President, I have often talked wish we could leverage everything like being assembled to help educate Amer- about the essence of American freedom this. Because these families will be ica, don’t even count what will happen and that it was American freedom that able to save this money from taxation, when employers decide they are going made us the people we are. One of the our estimates are that they will, on to open up a savings account for every principal dynamics of American free- their own, save in the first 4 years child of their employees, and they will dom is an educated population. An nearly $5 billion for educational pur- match; or a situation where we have a uneducated people cannot remain free. poses at a minimum. Over the next 8 fallen officer and the community is An uneducated mind cannot enjoy the years, it will approach over $10 billion trying to understand what to do with benefits of American citizenship. Un- to $12 billion—not one of which is a tax the children who are left. They open a fortunately, we are seeing too many of dollar. No board of education had to savings account. They built up that our young population whose futures raise the property tax. The Federal community. That community builds up and ability to participate in true Government didn’t have to raise new savings for those children to be able to American freedom are being stunted, taxes. No State government did. be properly educated. Or, instead of a and we as a Congress and people must These are families coming forward toy that is going to be discarded after be more focused on changing these cir- with the incentive that the savings will the first 24 hours of infatuation, the cumstances and making sure that we not be taxed if they are used for the grandparent may make a contribution leave no American child behind. This is children’s education. This massive re- into the grandchild’s education savings an important tool for families. This is source of new money will be coming to account. an important tool for corporations and help educate America, and we are The ideas are limitless. We can’t other entities to help generate the re- leveraging this very small amount of even contemplate the magnitude of the sources that can be directed at the tax relief by a multiple of about 15. resources ultimately drawn to this con- child’s specific problems. Again, Mr. President, you are bring- cept and targeted to the particular Mr. President, the Finance Com- mittee took the education savings ac- ing to the table billions of new dollars needs of children. But it will be mas- count, and, as I said earlier, expanded voluntarily. They are private dollars. sive. it to include other education initia- They are very smart dollars. Why do I Mr. President, one aspect of this con- tives that are equally important. They say ‘‘smart’’ dollars? Because these are cept for which no one can devalue is have added relief for qualified State dollars in parents’ checking accounts— what happens when an account is tuition plans. Across the Nation in parents who understand the unique opened for a specific child? A light goes about 21 States, parents are allowed to problem the child is having—if the on. There is a connection, almost like purchase contracts that lock in tomor- child does not have a home computer, a massive PTA movement. From that point on, that family will be paying at- row’s tuition costs at today’s prices. the account can be used to do that; if This legislation will make savings in tention to that account. They will be the child has a math deficiency, it buys these plans completely tax free when setting aside resources that they other- a tutor; if the child cannot get to the they are drawn down when the child wise would not have set aside to help after-school program; needs a band uni- begins college. This is a very important their children’s education, and they form, whatever. These accounts can go provision, and that will not only help will because they will be thinking right to the targeted need. It is hard the 21 States who have generated these about it. They will be thinking about for public dollars to do that even plans and allow people to decide how to the needs of the child. They will get a though public dollars do good things. If prepare for college education, but the regular statement from the financial the child has dyslexia and needs a spe- other States will join them, because institution that has the account re- cial education tutor, these dollars can once this is law more than 21 States go right to the unique problem that the minding them constantly of the pur- will offer these types of plans. Plan child is having. pose of the education account, and the holders will face no Federal tax on in- Mr. President, everybody wins. Most grandparent, as I said, or the extended terest buildup. proposals we have here—I know the family and neighbors, and community, The bill also includes employer-pro- Presiding Officer is aware of this—take the church. We have seen many stories vided educational assistance. The legis- something from over here, and puts it of philanthropists trying to help chil- lation extends the inclusion for em- over there. There is a winner and a dren in inner-city schools. This will be ployers who pay for their employees’ loser. There are no losers in this pro- a tool that they will use. tuition through 2002 and expands it to posal. If the child is in public school, My point is, Mr. President, that include graduate students beginning in they can take advantage of the ac- every time one of these accounts gets 1998. The inclusion allows employers to count. If they are in private schools or opened there has been a focused deci- pay up to $5,250 per year for edu- religious schools or if they are sion made to help that child through cational expenses. homeschooled, it does not matter. their education, and the result, there- The legislation will also allow school Every child, no matter where they are fore, as I said a moment ago, will be 14 districts and other local government being educated, benefits from this ac- million families who use the accounts. entities to issue up to $15 million in count; every child. But how many other millions of Ameri- tax-exempt bonds for full construction. As I said, Mr. President, it very cans—there is no way to know—will This increases the limit by 33 percent quickly assembles billions of new, very come to these accounts and be con- from the current $10 million. The legis- intelligent dollars. nected to them? So vast numbers of lation also revises the tax treatment of In the numbers I am quoting I am Americans will become involved al- National Health Corps Scholarships so not including a unique feature of this most like a Liberty bond. I know the that these scholarships are excluded account that we do not find in other Presiding Officer remembers Liberty from gross income. IRA savings accounts. And it is most bonds and the connection that was oc- So, Mr. President, in addition to the important. This legislation allows for curring. You got them at your birth- education savings account, we are deal- there to be sponsors of the account. So day. It was a patriotic financial coming with parents’ ability to provide for Mr. and Mrs. Jones open an education mitment. But it had a benefit. It made college education through prepaid account on the year of the birth of everybody connect to the cause of the State tuition plans. We are helping em- their first child. As they go along, they Nation. The Nation has a cause here in ployers and their employees deal with

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1927 continuing education, and we are help- about it is that this is not a voucher. new language, testing the limits of ing the construction of schools across Senator COVERDELL and I come to- their ability to learn, increasingly need the country, particularly in small gether on this legislation, but we come tutors. Indeed, with advanced science school districts. at it from different perspectives, per- today, how many public school high These ideas are representative of a haps. Senator COVERDELL supports a school students can learn some of the very bipartisan effort on both sides of voucher on other days and other de- advanced sciences without the assist- the aisle. I commend and thank each of bates in the Senate. I do not. That may ance after school of a tutor? Under our the Senators on the Finance Com- be the best indication for those Sen- proposal, the money in these A+ sav- mittee who made these contributions, ators who are thinking about their po- ings accounts is available to hire a particularly Senator BREAUX and Sen- sitions and how they relate to the public schoolteacher or other instruc- ator GRAHAM. voucher issue. I have opposed it be- tor after school, so students can make I said a little earlier before my col- cause, while I believe in private edu- up that work and excel in their chosen league from New Jersey arrived how cation and its critical role for America, subject. So, much of this debate may much I praise his work and activity on I do not believe we can afford to divert be about private education, but, in a behalf of this effort. I can’t say enough a single dollar of public education great irony, much of the benefit may about it. It has been tireless. I am pre- funding to private schools, not because be for public school students. pared, if the Senator from New Jersey they don’t need it, but because the pub- Then the question inevitably turns to is ready, to yield to him at this time. lic schools can’t afford it. The Cover- private schools. For all of us who Mr. TORRICELLI addressed the dell-Torricelli program for A+ savings through the years have had doubts Chair. accounts does not divert a penny of about vouchers, we are questioning The PRESIDING OFFICER. The Sen- public money into private schools. whether this is the better idea. As I ator from New Jersey is recognized. This is all new money. But, mostly, said earlier, first, there is no diversion Mr. TORRICELLI. Mr. President, I it is not government money. The of public funds so there is no argument would like to first compliment the money that would go into these sav- about taking resources away from pub- Senator from Georgia, Mr. COVERDELL, ings accounts and allow people to ei- lic schools that remain inadequately fi- for his tireless work through these ther provide extra funding for public nanced. But the question remains months to bring the Senate to the posi- activities or for their private tuitions about the role of private education tion of voting on the A+ savings ac- is entirely money that belongs to generally in American society. It is not count. I have been his partner in this American families, their own money. some marginalized concern. We are not effort, and something that has genu- That is a critical part of this debate. discussing a few private boarding inely become bipartisan. I am very Whether you are an advocate of public schools for an elite American financial proud of our efforts. education or private education or, as in class. Mr. President, 15 percent of all Mr. President, I begin with a per- my case, both, we are talking about American students attend a private or sonal view on the debate about edu- new resources for education in Amer- parochial school—a Yeshiva, a Catholic cation in our country. People have dif- ica. How can anyone look at the status school, a private school on any other ferent thoughts and very varied pro- of American education today, with the basis. If those schools did not exist, if posals. Many are the reasons, and I failing grades of our students, and op- we allowed these private schools sim- could accept much about the alter- pose a measure that at the end of the ply, over time, to deteriorate and natives except one thing. I cannot ac- day means more funding for education, close—recognizing that every year 50 cept, and I do not understand, those and not from government, but an ave- to 70 private schools in America close who would come to the Senate and nue for families to contribute them- their doors never to open again—if that argue the state of American education selves? That is the question that every trend were to continue, it would cost and defend the status quo. American Senator should be asking themselves. the United States $16 billion a year to education needs to be addressed, not in Ironically, some will come to this build and operate enough public the margins but in every fundamental floor arguing against our proposal be- schools to make up the difference. aspect of the delivery of education to cause of their concern about public Where is it these students would go? our children. Indeed, at a time in education, not recognizing that not How would we provide the opportunity, American life when so much is work- only do we not divert public funds from at a time when the public schools al- ing, the economy is performing, Ameri- the public schools, but according to the ready face massive construction prob- cans feel good about our country and Joint Committee on Taxation, 75 per- lems and are inadequately financed? its future, faith on any analysis, the cent of all the parents who use these But, more compelling, maybe—who single most compelling problem, the A+ savings accounts will be the parents are these students going to most of most fundamental dilemma that of public school students. It may be the these private schools? Are we, indeed, threatens the American future, quality most exciting aspect of the entire pro- creating a means of families saving of life, our economic performance, even gram. money to fund the education of an our political stability, is the quality of With 90 percent of all American stu- elite? Not in my State nor New York American education. dents attending public schools, the re- nor Illinois nor California nor any Recent reports are startling. Forty ality is those schools are not providing State where our great urban centers percent of our students are failing many of the services that they pro- are located. Mr. President, 91 percent basic science. Forty percent of fourth vided 20 and 30 years ago. As a student of all the students in parochial schools graders are failing to test at the basic of a public suburban school in northern in Camden, NJ, are members of minor- levels of reading comprehension. Of the New Jersey 25 and 30 years ago, our ity groups; 60 to 70 percent of all those 21 developed democracies in the world school provided extracurricular activi- who attend parochial schools in New that have achieved an industrial sta- ties for athletics, transportation for York are Protestants. These schools tus, America ranks 19th in the testing after-school activities, club activities are filling a role in our urban centers of our students. and access to the technology of the where parents feel they have no other The legislation before the Senate can time. In many American suburban choice. Working-class families in an accomplish many things, but if it only school districts those activities no urban environment who want a decent establishes some new funding, if it does longer exist. Under the A+ savings ac- opportunity for their children look no more than establish savings accounts, parents, from the birth of a honestly at the public schools and may counts, then it falls far short of my child, will be able to put a little money not feel that they can meet their re- ambitions. My hope about the Cover- aside every year so their students, in sponsibility to their own children with- dell-Torricelli legislation is that it will public school, can pay for those activi- out availing themselves of private genuinely confront the entire status ties where local governments no longer schools. More than anything else, this quo of how Americans regard edu- provide them. legislation is about giving those mid- cation. But one thing more. Public school dle-income families that chance—save It does this in several ways. But, students today who are struggling with $2,000 a year to have the option of send- first, what is important to understand new science and new math, learning a ing their child to a private school.

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1928 CONGRESSIONAL RECORD — SENATE March 13, 1998 Yet, the argument continues to be impossible to function without a com- this is a beginning and it is a valuable made every day, middle-income fami- puter now in school. It’s a big handicap contribution. I want to see the Cover- lies will never be able to afford this op- not to have one at home.’’ dell-Torricelli A+ savings accounts en- portunity; this will simply be another Most people who think about Cover- acted, but I want something more; I gift to the wealthy in America. Noth- dell-Torricelli are thinking about pri- want it to be bipartisan; I want the ing could be further from the truth. vate school and tuition. They need to vote to be overwhelming. The Joint Committee on Tax estimates look at this issue again. They need to My party has been privileged through that 70 percent of the families who will think about Tiffany Johnson, because most of the last 30 years, from the fi- use a Coverdell-Torricelli A+ savings 60 percent of all students in America do nancing of higher education to support account, 70 percent, earn less than not have access to a home computer for for public education, to have been in $75,000 a year. This is a direct benefit calculations, research, or word proc- the leadership of every fight for quality to families that are struggling to pro- essing. As Tiffany Johnson has at- education in America. vide an educational option for their tested, in the world in which we live, I say with all deference to my col- child. researching term papers, writing es- leagues across the aisle, through much One of the things that excites me the says without a home computer is going of that time, we were not often chal- most about this plan is not just that to create two classes of students in lenged for that leadership. Education middle-income families can save for America: The students of the families has been the province of the Demo- their children’s education, or the extra of the upper middle-class and wealthy cratic Party for a long time. It is good quality for the public school child. It is and professional Americans, who can for America that Democrats and Re- the ability to get families involved afford the software and the home com- publicans will now compete for the again in a child’s education. It was not puters, and the rest of America that leadership in education. But on this so long ago in America when people cannot. Mr. President, 60 percent of proposal, to finance savings accounts lined up to vote in school board elec- Americans do not have those com- to bring American families back into tions and aunts and uncles would par- puters—except for minority parents. the financing of their own education, ticipate in helping to tutor a child; Minority parents, 85 percent of African to allow American families to partici- where grandparents would sit with a Americans and Hispanic Americans, do pate in the tutoring, the technology, child; where a family participated in not have access to home computers. We the uniforms, the extra school activi- the educational experience. For a lot of are creating another dividing line in ties, and in the paying of private reasons—people working and the de- American education. school tuitions, in this matter there mands on their day and their fi- Under the Coverdell-Torricelli A+ should be no competition, because for nances—we have lost that part of savings accounts, that money is not this plan we can be arm in arm. America. But think about this aspect only available for extracurricular ac- I am honored to have joined with of the Coverdell-Torricelli A+ savings tivities of public school students, not Senator COVERDELL in offering this proposal, that it bears both of our account: That on a birthday, a holiday, only for tutoring public school stu- names. I look forward to its enact- an aunt, an uncle, a grandparent, can dents, transportation of public school take a few dollars and put that money ment. students, tuition of private school stu- With this proposal, we can do some- into this savings account to allow a dents, uniforms for public or private thing right about the problem of edu- child to continue with his or her edu- school students, it is available for cation in America. We have been dis- cation, whether to buy a computer for home computers for public and private couraged; we have complained; we have a public school student or tuition for a school students. agonized too long. Let us deal with this private school student. These accounts What will we be doing, taxing the fundamental crisis in the quality of are a chance for a family to become in- money of American families who are secondary education by enacting the volved in educating a child. And that is trying to buy a home computer for Coverdell-Torricelli proposal. a part of the crisis in education in their child to be competitive in school? Mr. President, I yield the floor. America—the family has removed These savings accounts allow that Mr. COVERDELL. Mr. President, itself. money without the Federal Govern- while Senator TORRICELLI is still here, Not so long ago I asked a major labor ment taking its share of taxation. I want to pose a couple questions. leader in America, if we pass the Cover- Mr. President, I say to Members of Those who have objected to the pro- dell-Torricelli A+ savings account, how the Senate, I have not been in this in- posal have essentially made two cases: would it impact your union, the mem- stitution long, but in the time I have One, that this would benefit upper-in- bers of your unions? He said, ‘‘Simple. been here, I have heard compelling ar- come individuals. While the Senator is The next time we go to contract nego- guments based on realistic assessments here, I want to point out—I know he tiations I am putting on the table, of American life for different proposals. will agree—that the criteria for the along with pay increases and health Rarely have I been more persuaded of a education savings account are iden- benefits, I want $5 a week, $10 a week compelling need with an overwhelming tical to the education savings account in the contract where an employer con- argument to address a national prob- for higher education that we passed tributes to a savings account to help lem. This is not the end of the edu- and that the President has signed— my members educate their children.’’ cation debate in America; it is the same means testing, the same concept Think of it, major corporations who compelling issue of our time. of directing, as the Senator alluded to, can attract talent and workers by Education remains the great ques- 70 to 75 percent of the funds to those agreeing to put money in these savings tion about whether or not we preserve making $75,000 or less. accounts—and unions, and professional our standard of living and the America But the key point is we have already associations. Every dollar is new that we have known and come to value passed a savings account. It is just that money to education in America. And and cherish. This debate will have to be it is only for $500 and only for college. not a dollar is coming from the Federal followed with the question of, How are We have taken the same account and Treasury or from local governments or we going to rebuild the two-thirds of expanded it to $2,000 and kindergarten taxpayers. It is on a voluntary basis, American schools that are crumbling through high school or disabled stu- getting people involved, at every level, around us, raise the compensation of dent after-college. I am perplexed that, back in education. American teachers who can no longer having passed this and signed it and Yet, I come back to challenging afford to remain in the profession that celebrated it, we are still hearing argu- Members of the Senate to think about they love and where they are needed? ments that this would somehow enrich this not simply in terms of the tuition How will we continue to finance access the rich. I wonder if the Senator might of the private school student but to to higher education for middle-income comment. think in broader terms. Not so long ago families who are being separated from Mr. TORRICELLI. Mr. President, I read in the Washington Post, a high their ambitions? there is always a desire of a Member of school senior in Maryland was asked This is a debate that will consume the Senate to be philosophically con- about the changing nature of school. not simply this Senate but the next sistent, so I think the question bears Tiffany Johnson replied, ‘‘It is totally Congress and Congresses to come, but some scrutiny. Members of the Senate

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1929 have previously voted for Hope scholar- in these accounts at the end of the 12th So it is a mischievous argument to ships and student loan programs in this grade can be transferred into a college divert attention. It is a misrepresenta- country, which also have caps on who account. This allows families to get a tion. It is not so. It is identical to what is eligible to participate. The caps the head start in saving money for college. we have already embraced as the ap- Senate has previously provided are So, if you voted last year for these propriate governing criteria for an edu- identical to what is in the Coverdell- accounts for college, this is a chance to cation savings account and celebrated Torricelli proposal. There is a two-in- expand them considerably to make with enormous glory at the White come, $60,000 cap. that money available. On that basis House last fall. So when the Joint Committee on alone, Members should feel com- I also add, Mr. President, that all of Taxation tells us that 70 percent of all fortable in voting for the proposal. this money is generated because we these benefits will go to families that Mr. COVERDELL. I thank the Sen- give minimal tax relief to anybody who earn $75,000 and less, the reason is that ator from New Jersey, again, for his puts it in a savings account. Over the there is a cap in the provision that en- tireless work on behalf of this com- next 5 years, it is $760 million—over 5 sures the principal benefits are going monsense proposal. years—of tax relief. I wish we could do to middle-income families, to working PRIVILEGE OF THE FLOOR this in a lot of different areas. That families. It was designed to accomplish Mr. COVERDELL. Mr. President, I $760 million causes American families, that end. ask unanimous consent that the fol- 14 million of them, to put about $5 bil- But there is another philosophical lowing list of staff from the Joint Com- lion in savings accounts. That is a 15– consistency with people. I have people mittee on Taxation be granted privi- 1 leverage. Don’t we wish we could do raise with me all the time a legitimate leges of the floor during the pendency that in many, many arenas? concern whether the Government is of H.R. 2646. I send the list to the desk. By offering that limited incentive, funding private education. As I pointed The PRESIDING OFFICER (Mr. ROB- Americans come forward and redirect out, every dollar of this is the family’s ERTS). Without objection, it is so or- their own money, put it into savings money, it is not Government’s money. dered. accounts to help educate their chil- But Members of the Senate who voted Mr. COVERDELL. Mr. President, for dren—a massive amount of funds gen- previously for savings accounts for the last hour we have heard from my- erated by this limited effort on our be- higher education have faced this ques- self and others, Senator TORRICELLI, half. It is just incredible to see the re- tion. I have never heard a Member of about the massive benefits that would sulting activity that occurs by cre- the Senate rise on this floor and say, come to American families if we enact ating this savings account. ‘‘Well, I’m for savings accounts for col- and make possible the tool of an edu- So that argument gets buried pretty leges, but I don’t want it for Notre cation savings account for families to quickly. It is a little hard to argue that Dame or Harvard.’’ use for their children, no matter where you thought that was just such a great Mr. COVERDELL. Georgetown. they go to school, public, private, idea and you had protected it for the Mr. TORRICELLI. Or Georgetown— home, whether it is kindergarten middle class and less last year, and whether a religious affiliated school or through college or after if the student then take the same criteria and say, private education; that these should be is disabled. Anybody watching this just well, somehow it is different this year. for private education only. I have never has to wonder, well, why in the world It isn’t. heard a Member of the Senate say that. are we in a filibuster? Then, Mr. President, the other side To my judgment, it has never hap- How can an idea like this be thwart- would like everybody to think this is pened. The reason is, it would be illogi- ed, tacks thrown on the road in front of an instrument for people who are in a cal, it would be foolish. And so it would it? Why are we in a filibuster? Who private school or a religious school, here. This is being done on the same would oppose it? It has been described that the entire purpose of these savings basis. This is available for public as a win-win situation. As I said, any accounts is for people outside the pub- school students and private school stu- child, in any condition, and any family lic school system. dents with people’s own money. So I dealing with those conditions can ben- think there is a philosophical consist- efit. The NEA has written a letter to ev- ency with the college program. So why the opposition? Well, they erybody that says that. I would expect Mr. COVERDELL. My last question— said, the money is going to get in more of them, because it just isn’t so. and the Senator has already hit on the somebody’s hands who does not need it. As we have said, 70 percent of the fami- point—and that is, if you will read They are too wealthy. We have heard lies using the accounts will be using some of the material from the oppo- that around here for the last quarter of them to help children in public schools. nents, you will think this is legislation a century. I just want to remind every- Only 30 percent will be helping children exclusively designed to deal with pri- body that the criteria that governs this in private schools. vate schools. As the Senator pointed savings account is identical, the same, The grand aggregate of the money, if out, 70 percent of the families using the no deviation from the one the Presi- we only focus on kindergarten through accounts have children in public dent signed at the White House last high school, is about split, about half schools. Billions and billions of dollars year. these resources—again private; these will end up enriching students’ ability Both sides of the aisle—Republicans, are private dollars, not tax dollars— to function in public schools. It is al- Democrats; House, Senate and Presi- will be going to help students do better most as if they would like to leave that dent—have all sanctioned, certified, in public schools, and about half of it part of the equation out. that we should have a savings account will be helping students in private. Mr. TORRICELLI. Indeed, if I had to for college costs. We said the number Why isn’t it still divided 70–30? It is identify financially my own expecta- will be $500 per year. Then we means because they tend to consume, in the tion about the largest single recipient tested it to make sure that it was private school, most of the money for of this funding, I suspect there is a pushed into middle income and down. tuition. It is more expensive. So their chance it would be public school- Well, we have taken that account and savings accounts probably are larger teachers who do the tutoring after we have said, instead of $500, we will and they have to spend it more quickly school, who will be hired by families let them save up to $2,000. Instead, of and in larger sums. But, still, about with money from these accounts to just 4 years of college, they can use it half, about $2.5 billion, in 4 years, help students with math and science. kindergarten through college. After rushes to public schools and about $2.5 They, dollar for dollar, may be the all, the problem we have is in kinder- billion for private. At the end of the largest recipients. garten through high school. Every- day who is the beneficiary? American One point I did not make, and the thing else we left the same. It still children. Senator from Georgia may have made pushes the resources to the utilization We are going to divert money from earlier, is even if Members of the Sen- and benefit of the middle class or public schools, they say. No. These are ate do not agree with us about this lower. We know that 75 percent of all private dollars. These are not tax dol- need for funding secondary schools, these funds will go to help those fami- lars—after-tax savings, after-tax sav- they should recognize that every dollar lies. ings—all private dollars. Anybody who

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1930 CONGRESSIONAL RECORD — SENATE March 13, 1998 sends a child to private school is pay- be a period for the transaction of rou- Sec. 109. Technical amendment on National ing for public school through the prop- tine morning business with Senators Health Service Corps. erty taxes. There is no money diverted. permitted to speak for up to 5 minutes Sec. 110. Savings provision. Now, what is the real story? Because each. Subtitle B—Nursing Workforce Development it isn’t any of this other it cannot sub- The PRESIDING OFFICER. Without Sec. 121. Short title. stantiate. The real opposition is that objection, it is so ordered. Sec. 122. Purpose. some families, in the big picture statis- Sec. 123. Amendments to Public Health f Service Act. tically insignificant, but some families Sec. 124. Savings provision. will open a savings account and will THE VERY BAD DEBT BOXSCORE Subtitle C—Financial Assistance make a decision to use the account to Mr. HELMS. Mr. President, at the CHAPTER 1—SCHOOL-BASED REVOLVING LOAN pay for tuition in a private school. close of business yesterday, Thursday, FUNDS Some parents will do that, and that is March 12, 1998, the federal debt stood at Sec. 131. Primary care loan program. the rub. $5,529,750,398,747.62 (Five trillion, five Sec. 132. Loans for disadvantaged students. That is the reason the President said hundred twenty-nine billion, seven Sec. 133. Student loans regarding schools of last year, ‘‘I’ll veto the tax bill if this hundred fifty million, three hundred nursing. idea is in it.’’ That is the reason, when ninety-eight thousand, seven hundred Sec. 134. General provisions. we brought this bill to the floor last forty-seven dollars and sixty-two CHAPTER 2—INSURED HEALTH EDUCATION year, the other side filibustered it. And ASSISTANCE LOANS TO GRADUATE STUDENTS cents). that is the reason we cannot even get One year ago, March 12, 1997, the fed- Sec. 141. Health Education Assistance Loan to this bill today, because the other Program. eral debt stood at $5,361,483,000,000 side is filibustering it, because some Sec. 142. Heal lender and holder performance (Five trillion, three hundred sixty-one handful of families, using their own standards. billion, four hundred eighty-three mil- money, would make a decision that Sec. 143. Reauthorization. lion). Sec. 144. HEAL bankruptcy. they need to put their child in a dif- Five years ago, March 12, 1993, the Sec. 145. HEAL refinancing. ferent school. TITLE II—OFFICE OF MINORITY HEALTH And, Heaven forbid, Washington has federal debt stood at $4,211,673,000,000 to stand in their way with a roadblock, (Four trillion, two hundred eleven bil- Sec. 201. Revision and extension of programs of Office of Minority Health. a filibuster. By trying to keep those lion, six hundred seventy-three mil- TITLE III—SELECTED INITIATIVES few families, whoever they would be, lion). from doing that, they would snatch $2.5 Twenty-five years ago, March 12, Sec. 301. State offices of rural health. Sec. 302. Demonstration projects regarding billion out of helping children in public 1973, the federal debt stood at $455,864,000,000 (Four hundred fifty-five Alzheimer’s Disease. schools, they would snatch $2.5 billion Sec. 303. Project grants for immunization away from families trying to help their billion, eight hundred sixty-four mil- services. lion) which reflects a debt increase of children in private or home schools. TITLE IV—MISCELLANEOUS PROVISIONS more than $5 trillion— They would cause 14 million savings Sec. 401. Technical corrections regarding accounts never to open. They would $5,073,886,398,747.62 (Five trillion, sev- Public Law 103–183. deny all those corporations that could enty-three billion, eight hundred Sec. 402. Miscellaneous amendments regard- contribute to the accounts, all those eighty-six million, three hundred nine- ing PHS commissioned officers. parents and grandparents, all the ty-eight thousand, seven hundred Sec. 403. Clinical traineeships. matching ideas that would participate forty-seven dollars and sixty-two Sec. 404. Project grants for screenings, refer- in these accounts, they would disallow cents) during the past 25 years. rals, and education regarding lead poisoning. it, stop it. f Sec. 405. Project grants for preventive Millions of families will be denied, 20 THE HEALTH PROFESSIONS EDU- health services regarding tuber- million-plus children will not have the culosis. benefit of this redirection of family re- CATION PARTNERSHIPS ACT OF Sec. 406. Certain authorities of Centers for sources, thousands of public school 1998 Disease Control and Preven- teachers will not become tutors, hun- S. 1754, the Health Professions Edu- tion. dreds of thousands of home computers cation Partnerships Act of 1998, was in- Sec. 407. Community programs on domestic will not show up in the home, inner violence. troduced on March 12, 1998, but was not Sec. 408. State loan repayment program. city schools where they only have 15 available for printing. The text of the Sec. 409. Construction of regional centers for percent of the population with home bill is as follows: research on primates. computers will stay 15 percent instead S. 1754 Sec. 410. Peer review. of going up because we have generated Sec. 411. Funding for trauma care. Be it enacted by the Senate and House of Rep- a pool of money to buy those com- Sec. 412. Health information and health pro- resentatives of the United States of America in motion. puters. And they will have done it in Congress assembled, the name of keeping a handful of fami- Sec. 413. Emergency medical services for SECTION 1. SHORT TITLE; TABLE OF CONTENTS. children. lies from making a decision that they (a) SHORT TITLE.—This Act may be cited as Sec. 414. Administration of certain require- want to move from one school to an- the ‘‘Health Professions Education Partner- ments. other. ships Act of 1998’’. Sec. 415. Aids drug assistance program. That, Mr. President, is what this fili- (b) TABLE OF CONTENTS.—The table of con- TITLE I—HEALTH PROFESSIONS EDU- buster is all about. It is outrageous. tents of this Act is as follows: CATION AND FINANCIAL ASSISTANCE Unbelievably, unfortunately, if they Sec. 1. Short title; table of contents. PROGRAMS are ultimately successful, the moun- TITLE I—HEALTH PROFESSIONS EDU- Subtitle A—Health Professions Education tains of good where everybody succeeds CATION AND FINANCIAL ASSISTANCE Programs and wins will be packed away in some PROGRAMS SEC. 101. UNDER-REPRESENTED MINORITY closet on some shelf over that thread of Subtitle A—Health Professions Education HEALTH PROFESSIONS GRANT PRO- concern. It shows you, Mr. President, Programs GRAM. (a) IN GENERAL.—Part B of title VII of the the depth of despair of the status quo, Sec. 101. Under-represented minority health Public Health Service Act (42 U.S.C. 293 et that they would come to this point and professions grant program. seq.) is amended to read as follows: deny all that good over that single Sec. 102. Training in primary care medicine point. and dentistry. ‘‘PART B—HEALTH PROFESSIONS Sec. 103. Interdisciplinary, community- TRAINING FOR DIVERSITY MOTION TO PROCEED WITHDRAWN Mr. President, I now withdraw the based linkages. ‘‘SEC. 736. CENTERS OF EXCELLENCE. Sec. 104. Health professions workforce infor- ‘‘(a) IN GENERAL.—The Secretary shall motion to proceed to H.R. 2646. mation and analysis. make grants to designated health professions f Sec. 105. Public health workforce develop- schools described in subsection (c) for the MORNING BUSINESS ment. purpose of assisting the schools in sup- Sec. 106. General provisions. porting programs of excellence in health pro- Mr. COVERDELL. Mr. President, I Sec. 107. Preference in certain programs. fessions education for under-represented mi- ask unanimous consent that there now Sec. 108. Definitions. nority individuals.

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‘‘(b) REQUIRED USE OF FUNDS.—The Sec- ‘‘(D) APPLICATION OF CRITERIA TO OTHER school will, in carrying out the duties de- retary may not make a grant under sub- PROGRAMS.—In the case of any criteria estab- scribed in subsection (b), give priority to section (a) unless the designated health pro- lished by the Secretary for purposes of deter- carrying out the duties with respect to Na- fessions school involved agrees, subject to mining whether schools meet the conditions tive Americans; and subsection (c)(1)(C), to expend the grant— described in subparagraph (B), this section ‘‘(C) the school agrees, as a condition of re- ‘‘(1) to develop a large competitive appli- may not, with respect to racial and ethnic ceiving a grant under subsection (a), that— cant pool through linkages with institutions minorities, be construed to authorize, re- ‘‘(i) the school will establish an arrange- of higher education, local school districts, quire, or prohibit the use of such criteria in ment with 1 or more public or nonprofit pri- and other community-based entities and es- any program other than the program estab- vate institutions of higher education, includ- tablish an education pipeline for health pro- lished in this section. ing schools of nursing, whose enrollment of fessions careers; ‘‘(2) CENTERS OF EXCELLENCE AT CERTAIN students has traditionally included a signifi- ‘‘(2) to establish, strengthen, or expand HISTORICALLY BLACK COLLEGES AND UNIVER- cant number of Native Americans, the pur- programs to enhance the academic perform- SITIES.— pose of which arrangement will be to carry ance of under-represented minority students ‘‘(A) CONDITIONS.—The conditions specified out a program— attending the school; in this subparagraph are that a designated ‘‘(I) to identify Native American students, ‘‘(3) to improve the capacity of such school health professions school— from the institutions of higher education re- to train, recruit, and retain under-rep- ‘‘(i) is a school described in section 799B(1); ferred to in clause (i), who are interested in resented minority faculty including the pay- and health professions careers; and ment of such stipends and fellowships as the ‘‘(ii) received a contract under section 788B ‘‘(II) to facilitate the educational prepara- Secretary may determine appropriate; for fiscal year 1987, as such section was in ef- tion of such students to enter the designated ‘‘(4) to carry out activities to improve the fect for such fiscal year. health professions school; and information resources, clinical education, ‘‘(B) USE OF GRANT.—In addition to the pur- ‘‘(ii) the designated health professions curricula and cultural competence of the poses described in subsection (b), a grant school will make efforts to recruit Native graduates of the school, as it relates to mi- under subsection (a) to a designated health American students, including students who nority health issues; professions school meeting the conditions have participated in the undergraduate pro- ‘‘(5) to facilitate faculty and student re- described in subparagraph (A) may be ex- gram carried out under arrangements estab- search on health issues particularly affecting pended— lished by the school pursuant to clause (i) under-represented minority groups, includ- ‘‘(i) to develop a plan to achieve institu- and will assist Native American students re- ing research on issues relating to the deliv- tional improvements, including financial garding the completion of the educational ery of health care; and independence, to enable the school to sup- requirements for a degree from the des- ‘‘(6) to carry out a program to train stu- port programs of excellence in health profes- ignated health professions school. sions education for under-represented minor- dents of the school in providing health serv- ‘‘(5) OTHER CENTERS OF EXCELLENCE.—The ices to a significant number of under-rep- ity individuals; and conditions specified in this paragraph are— resented minority individuals through train- ‘‘(ii) to provide improved access to the li- ‘‘(A) with respect to other centers of excel- ing provided to such students at community- brary and informational resources of the lence, the conditions described in clauses (i) school. based health facilities that— through (iv) of paragraph (1)(B); and ‘‘(C) EXCEPTION.—The requirements of ‘‘(A) provide such health services; and ‘‘(B) that the health professions school in- paragraph (1)(C) shall not apply to a histori- ‘‘(B) are located at a site remote from the volved has an enrollment of under-rep- cally black college or university that remain site of the teaching facilities of the resented minorities above the national aver- ceives funding under paragraphs (2) or (5). school. age for such enrollments of health profes- ‘‘(3) HISPANIC CENTERS OF EXCELLENCE.— sions schools. ‘‘(c) CENTERS OF EXCELLENCE.— The conditions specified in this paragraph ‘‘(1) DESIGNATED SCHOOLS.— are that— ‘‘(d) DESIGNATION AS CENTER OF EXCEL- ‘‘(A) IN GENERAL.—The designated health ‘‘(A) with respect to Hispanic individuals, LENCE.— professions schools referred to in subsection each of clauses (i) through (iv) of paragraph ‘‘(1) IN GENERAL.—Any designated health (a) are such schools that meet each of the (1)(B) applies to the designated health pro- professions school receiving a grant under conditions specified in subparagraphs (B) and fessions school involved; subsection (a) and meeting the conditions de- (C), and that— ‘‘(B) the school agrees, as a condition of re- scribed in paragraph (2) or (5) of subsection ‘‘(i) meet each of the conditions specified ceiving a grant under subsection (a), that the (c) shall, for purposes of this section, be des- in paragraph (2)(A); school will, in carrying out the duties de- ignated by the Secretary as a Center of Ex- ‘‘(ii) meet each of the conditions specified scribed in subsection (b), give priority to cellence in Under-Represented Minority in paragraph (3); carrying out the duties with respect to His- Health Professions Education. ‘‘(iii) meet each of the conditions specified panic individuals; and ‘‘(2) HISPANIC CENTERS OF EXCELLENCE.— in paragraph (4); or ‘‘(C) the school agrees, as a condition of re- Any designated health professions school re- ‘‘(iv) meet each of the conditions specified ceiving a grant under subsection (a), that— ceiving a grant under subsection (a) and in paragraph (5). ‘‘(i) the school will establish an arrange- meeting the conditions described in sub- ‘‘(B) GENERAL CONDITIONS.—The conditions ment with 1 or more public or nonprofit com- section (c)(3) shall, for purposes of this sec- specified in this subparagraph are that a des- munity based Hispanic serving organization, be designated by the Secretary as a ignated health professions school— tions, or public or nonprofit private institu- Hispanic Center of Excellence in Health Pro- ‘‘(i) has a significant number of under-rep- tions of higher education, including schools fessions Education. resented minority individuals enrolled in the of nursing, whose enrollment of students has ‘‘(3) NATIVE AMERICAN CENTERS OF EXCEL- school, including individuals accepted for en- traditionally included a significant number LENCE.—Any designated health professions rollment in the school; of Hispanic individuals, the purposes of school receiving a grant under subsection (a) ‘‘(ii) has been effective in assisting under- which will be to carry out a program— and meeting the conditions described in sub- represented minority students of the school ‘‘(I) to identify Hispanic students who are section (c)(4) shall, for purposes of this sec- to complete the program of education and re- interested in a career in the health profes- tion, be designated by the Secretary as a Na- ceive the degree involved; sion involved; and tive American Center of Excellence in ‘‘(iii) has been effective in recruiting ‘‘(II) to facilitate the educational prepara- Health Professions Education. Any consor- under-represented minority individuals to tion of such students to enter the health pro- tium receiving such a grant pursuant to sub- enroll in and graduate from the school, in- fessions school; and section (e) shall, for purposes of this section, cluding providing scholarships and other fi- ‘‘(ii) the school will make efforts to recruit be so designated. nancial assistance to such individuals and Hispanic students, including students who ‘‘(e) AUTHORITY REGARDING NATIVE AMER- encouraging under-represented minority stu- have participated in the undergraduate or dents from all levels of the educational pipe- other matriculation program carried out ICAN CENTERS OF EXCELLENCE.—With respect line to pursue health professions careers; and under arrangements established by the to meeting the conditions specified in sub- ‘‘(iv) has made significant recruitment ef- school pursuant to clause (i)(II) and will as- section (c)(4), the Secretary may make a forts to increase the number of under-rep- sist Hispanic students regarding the comple- grant under subsection (a) to a designated resented minority individuals serving in fac- tion of the educational requirements for a health professions school that does not meet ulty or administrative positions at the degree from the school. such conditions if— ‘‘(1) the school has formed a consortium in school. ‘‘(4) NATIVE AMERICAN CENTERS OF EXCEL- accordance with subsection (d)(1); and ‘‘(C) CONSORTIUM.—The condition specified LENCE.—Subject to subsection (e), the condi- in this subparagraph is that, in accordance tions specified in this paragraph are that— ‘‘(2) the schools of the consortium collec- with subsection (e)(1), the designated health ‘‘(A) with respect to Native Americans, tively meet such conditions, without regard profession school involved has with other each of clauses (i) through (iv) of paragraph to whether the schools individually meet health profession schools (designated or oth- (1)(B) applies to the designated health pro- such conditions. erwise) formed a consortium to carry out the fessions school involved; ‘‘(f) DURATION OF GRANT.—The period dur- purposes described in subsection (b) at the ‘‘(B) the school agrees, as a condition of re- ing which payments are made under a grant schools of the consortium. ceiving a grant under subsection (a), that the under subsection (a) may not exceed 5 years.

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1932 CONGRESSIONAL RECORD — SENATE March 13, 1998 Such payments shall be subject to annual ap- ing meeting conditions pursuant to sub- taged backgrounds, including students who proval by the Secretary and to the avail- section (e)); are members of racial and ethnic minority ability of appropriations for the fiscal year ‘‘(iii) not less than $6,000,000 for grants groups. involved to make the payments. under subsection (a) to health professions ‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligi- ‘‘(g) DEFINITIONS.—In this section: schools that meet the conditions described in ble individual’ means an individual who— ‘‘(1) DESIGNATED HEALTH PROFESSIONS subsection (c)(5); and ‘‘(A) is from a disadvantaged background; SCHOOL.— ‘‘(iv) after grants are made with funds ‘‘(B) has a financial need for a scholarship; ‘‘(A) IN GENERAL.—The term ‘health profes- under clauses (i) through (iii), any remaining and sions school’ means, except as provided in funds for grants under subsection (a) to ‘‘(C) is enrolled (or accepted for enroll- subparagraph (B), a school of medicine, a health professions schools that meet the con- ment) at an eligible health professions or school of osteopathic medicine, a school of ditions described in paragraph (2)(A), (3), (4), nursing school as a full-time student in a dentistry, a school of pharmacy, or a grad- or (5) of subsection (c). program leading to a degree in a health pro- uate program in behavioral or mental ‘‘(3) NO LIMITATION.—Nothing in this sub- fession or nursing. health. section shall be construed as limiting the ‘‘SEC. 738. LOAN REPAYMENTS AND FELLOW- ‘‘(B) EXCEPTION.—The definition estab- centers of excellence referred to in this sec- SHIPS REGARDING FACULTY POSI- lished in subparagraph (A) shall not apply to tion to the designated amount, or to pre- TIONS. the use of the term ‘designated health pro- clude such entities from competing for other ‘‘(a) LOAN REPAYMENTS.— fessions school’ for purposes of subsection grants under this section. ‘‘(1) ESTABLISHMENT OF PROGRAM.—The (c)(2). ‘‘(4) MAINTENANCE OF EFFORT.— Secretary shall establish a program of enter- ‘‘(2) PROGRAM OF EXCELLENCE.—The term ‘‘(A) IN GENERAL.—With respect to activi- ing into contracts with individuals described ‘program of excellence’ means any program ties for which a grant made under this part in paragraph (2) under which the individuals carried out by a designated health profes- are authorized to be expended, the Secretary agree to serve as members of the faculties of sions school with a grant made under sub- may not make such a grant to a center of ex- schools described in paragraph (3) in consid- section (a), if the program is for purposes for cellence for any fiscal year unless the center eration of the Federal Government agreeing which the school involved is authorized in agrees to maintain expenditures of non-Fed- to pay, for each year of such service, not subsection (b) or (c) to expend the grant. eral amounts for such activities at a level more than $20,000 of the principal and inter- ‘‘(3) NATIVE AMERICANS.—The term ‘Native that is not less than the level of such ex- est of the educational loans of such individ- Americans’ means American Indians, Alas- penditures maintained by the center for the uals. kan Natives, Aleuts, and Native Hawaiians. fiscal year preceding the fiscal year for ‘‘(2) ELIGIBLE INDIVIDUALS.—The individ- ‘‘(h) FUNDING.— which the school receives such a grant. uals referred to in paragraph (1) are individ- ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) USE OF FEDERAL FUNDS.—With respect uals from disadvantaged backgrounds who— For the purpose of making grants under sub- to any Federal amounts received by a center ‘‘(A) have a degree in medicine, osteo- section (a), there authorized to be appro- of excellence and available for carrying out pathic medicine, dentistry, nursing, or an- priated $26,000,000 for fiscal year 1998, and activities for which a grant under this part other health profession; such sums as may be necessary for each of is authorized to be expended, the Secretary ‘‘(B) are enrolled in an approved graduate the fiscal years 1999 through 2002. may not make such a grant to the center for training program in medicine, osteopathic ‘‘(2) ALLOCATIONS.—Based on the amount any fiscal year unless the center agrees that medicine, dentistry, nursing, or other health appropriated under paragraph (1) for a fiscal the center will, before expending the grant, profession; or year, one of the following subparagraphs expend the Federal amounts obtained from ‘‘(C) are enrolled as full-time students— shall apply: sources other than the grant. ‘‘(i) in an accredited (as determined by the ‘‘(A) IN GENERAL.—If the amounts appro- ‘‘SEC. 737. SCHOLARSHIPS FOR DISADVANTAGED Secretary) school described in paragraph (3); priated under paragraph (1) for a fiscal year STUDENTS. and are less than $24,000,000— ‘‘(a) IN GENERAL.—The Secretary may ‘‘(ii) in the final year of a course of a study ‘‘(i) the Secretary shall make available make a grant to an eligible entity (as defined or program, offered by such institution and $12,000,000 for grants under subsection (a) to in subsection (d)(1)) under this section for approved by the Secretary, leading to a de- health professions schools that meet the con- the awarding of scholarships by schools to gree from such a school. ditions described in subsection (c)(2)(A); and any full-time student who is an eligible indi- ‘‘(3) ELIGIBLE HEALTH PROFESSIONS ‘‘(ii) and available after grants are made vidual as defined in subsection (d). Such SCHOOLS.—The schools described in this para- with funds under clause (i), the Secretary scholarships may be expended only for tui- graph are schools of medicine, nursing (as shall make available— tion expenses, other reasonable educational schools of nursing are defined in section 801), ‘‘(I) 60 percent of such amount for grants expenses, and reasonable living expenses in- osteopathic medicine, dentistry, pharmacy, under subsection (a) to health professions curred in the attendance of such school. allied health, podiatric medicine, optometry, schools that meet the conditions described in ‘‘(b) PREFERENCE IN PROVIDING SCHOLAR- veterinary medicine, or public health, or paragraph (3) or (4) of subsection (c) (includ- SHIPS.—The Secretary may not make a grant schools offering graduate programs in behav- ing meeting the conditions under subsection to an entity under subsection (a) unless the ioral and mental health. (e)); and health professions and nursing schools in- ‘‘(4) REQUIREMENTS REGARDING FACULTY PO- ‘‘(II) 40 percent of such amount for grants volved agree that, in providing scholarships SITIONS.—The Secretary may not enter into a under subsection (a) to health professions pursuant to the grant, the schools will give contract under paragraph (1) unless— schools that meet the conditions described in preference to students for whom the costs of ‘‘(A) the individual involved has entered subsection (c)(5). attending the schools would constitute a se- into a contract with a school described in ‘‘(B) FUNDING IN EXCESS OF $24,000,000.—If vere financial hardship and, notwithstanding paragraph (3) to serve as a member of the amounts appropriated under paragraph (1) other provisions of this section, to former re- faculty of the school for not less than 2 for a fiscal year exceed $24,000,000 but are cipients of scholarships under sections 736 years; and less than $30,000,000— and 740(d)(2)(B) (as such sections existed on ‘‘(B) the contract referred to in subpara- the day before the date of enactment of this ‘‘(i) 80 percent of such excess amounts shall graph (A) provides that— section). be made available for grants under sub- ‘‘(i) the school will, for each year for which ‘‘(c) AMOUNT OF AWARD.—In awarding section (a) to health professions schools that grants to eligible entities that are health the individual will serve as a member of the meet the requirements described in para- professions and nursing schools, the Sec- faculty under the contract with the school, graph (3) or (4) of subsection (c) (including retary shall give priority to eligible entities make payments of the principal and interest meeting conditions pursuant to subsection based on the proportion of graduating stu- due on the educational loans of the indi- (e)); and dents going into primary care, the propor- vidual for such year in an amount equal to ‘‘(ii) 20 percent of such excess amount shall tion of underrepresented minority students, the amount of such payments made by the be made available for grants under sub- and the proportion of graduates working in Secretary for the year; section (a) to health professions schools that medically underserved communities. ‘‘(ii) the payments made by the school pur- meet the conditions described in subsection ‘‘(d) DEFINITIONS.—In this section: suant to clause (i) on behalf of the individual (c)(5). ‘‘(1) ELIGIBLE ENTITIES.—The term ‘eligible will be in addition to the pay that the indi- ‘‘(C) FUNDING IN EXCESS OF $30,000,000.—If entities’ means an entity that— vidual would otherwise receive for serving as amounts appropriated under paragraph (1) ‘‘(A) is a school of medicine, osteopathic a member of such faculty; and for a fiscal year exceed $30,000,000, the Sec- medicine, dentistry, nursing (as defined in ‘‘(iii) the school, in making a determina- retary shall make available— section 801), pharmacy, podiatric medicine, tion of the amount of compensation to be ‘‘(i) not less than $12,000,000 for grants optometry, veterinary medicine, public provided by the school to the individual for under subsection (a) to health professions health, or allied health, a school offering a serving as a member of the faculty, will schools that meet the conditions described in graduate program in behavioral and mental make the determination without regard to subsection (c)(2)(A); health practice, or an entity providing pro- the amount of payments made (or to be ‘‘(ii) not less than $12,000,000 for grants grams for the training of physician assist- made) to the individual by the Federal Gov- under subsection (a) to health professions ants; and ernment under paragraph (1). schools that meet the conditions described in ‘‘(B) is carrying out a program for recruit- ‘‘(5) APPLICABILITY OF CERTAIN PROVI- paragraph (3) or (4) of subsection (c) (including and retaining students from disadvan- SIONS.—The provisions of sections 338C, 338G,

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1933 and 338I shall apply to the program estab- degree) and special skills necessary to enable uate program in behavioral or mental lished in paragraph (1) to the same extent such individual to teach and practice. health. and in the same manner as such provisions ‘‘(5) DEFINITION.—For purposes of this sub- ‘‘(b) REQUIREMENTS FOR AWARDS.—In mak- apply to the National Health Service Corps section, the term ‘underrepresented minority ing awards to eligible entities under sub- Loan Repayment Program established in individuals’ means individuals who are mem- section (a)(1), the Secretary shall give pref- subpart III of part D of title III, including bers of racial or ethnic minority groups that erence to approved applications for programs the applicability of provisions regarding re- are underrepresented in the health profes- that involve a comprehensive approach by imbursements for increased tax liability and sions including nursing. several public or nonprofit private health or regarding bankruptcy. educational entities to establish, enhance ‘‘SEC. 739. EDUCATIONAL ASSISTANCE IN THE and expand educational programs that will ‘‘(6) WAIVER REGARDING SCHOOL CONTRIBU- HEALTH PROFESSIONS REGARDING TIONS.—The Secretary may waive the re- INDIVIDUALS FROM DISADVAN- result in the development of a competitive quirement established in paragraph (4)(B) if TAGED BACKGROUNDS. applicant pool of individuals from disadvan- the Secretary determines that the require- taged backgrounds who desire to pursue ‘‘(a) IN GENERAL.— ment will impose an undue financial hard- health professions careers. In considering ‘‘(1) AUTHORITY FOR GRANTS.—For the pur- awards for such a comprehensive partnership ship on the school involved. pose of assisting individuals from disadvan- ‘‘(b) FELLOWSHIPS.— approach, the following shall apply with re- taged backgrounds, as determined in accord- ‘‘(1) IN GENERAL.—The Secretary may make spect to the entity involved: ance with criteria prescribed by the Sec- grants to and enter into contracts with eligi- ‘‘(1) The entity shall have a demonstrated retary, to undertake education to enter a ble entities to assist such entities in increas- commitment to such approach through for- health profession, the Secretary may make ing the number of underrepresented minority mal agreements that have common objec- grants to and enter into contracts with individuals who are members of the faculty tives with institutions of higher education, schools of medicine, osteopathic medicine, of such schools. school districts, and other community-based public health, dentistry, veterinary medi- ‘‘(2) APPLICATIONS.—To be eligible to re- entities. cine, optometry, pharmacy, allied health, ceive a grant or contract under this sub- ‘‘(2) Such formal agreements shall reflect chiropractic, and podiatric medicine, public section, an entity shall provide an assurance, the coordination of educational activities and nonprofit private schools that offer grad- in the application submitted by the entity, and support services, increased linkages, and uate programs in behavioral and mental that— the consolidation of resources within a spe- health, programs for the training of physi- ‘‘(A) amounts received under such a grant cific geographic area. cian assistants, and other public or private or contract will be used to award a fellow- ‘‘(3) The design of the educational activi- nonprofit health or educational entities to ship to an individual only if the individual ties involved shall provide for the establish- assist in meeting the costs described in para- meets the requirements of paragraphs (3) and ment of a competitive health professions ap- graph (2). (4); and plicant pool of individuals from disadvan- ‘‘(2) AUTHORIZED EXPENDITURES.—A grant ‘‘(B) each fellowship awarded pursuant to taged backgrounds by enhancing the total or contract under paragraph (1) may be used the grant or contract will include— preparation (academic and social) of such in- by the entity to meet the cost of— ‘‘(i) a stipend in an amount not exceeding dividuals to pursue a health professions ca- ‘‘(A) identifying, recruiting, and selecting 50 percent of the regular salary of a similar reer. individuals from disadvantaged backgrounds, faculty member for not to exceed 3 years of ‘‘(4) The programs or activities under the as so determined, for education and training training; and award shall focus on developing a culturally in a health profession; ‘‘(ii) an allowance for other expenses, such competent health care workforce that will ‘‘(B) facilitating the entry of such individ- as travel to professional meetings and costs serve the unserved and underserved popu- uals into such a school; related to specialized training. lations within the geographic area. ‘‘(C) providing counseling, mentoring, or ‘‘(3) ELIGIBILITY.—To be eligible to receive ‘‘(c) EQUITABLE ALLOCATION OF FINANCIAL a grant or contract under paragraph (1), an other services designed to assist such indi- ASSISTANCE.—The Secretary, to the extent applicant shall demonstrate to the Secretary viduals to complete successfully their edu- practicable, shall ensure that services and that such applicant has or will have the abil- cation at such a school; activities under subsection (a) are ade- ity to— ‘‘(D) providing, for a period prior to the quately allocated among the various racial ‘‘(A) identify, recruit and select underrep- entry of such individuals into the regular and ethnic populations who are from dis- resented minority individuals who have the course of education of such a school, prelimi- advantaged backgrounds. potential for teaching, administration, or nary education and health research training ‘‘(d) MATCHING REQUIREMENTS.—The Sec- conducting research at a health professions designed to assist them to complete success- retary may require that an entity that ap- institution; fully such regular course of education at plies for a grant or contract under sub- ‘‘(B) provide such individuals with the such a school, or referring such individuals section (a), provide non-Federal matching skills necessary to enable them to secure a to institutions providing such preliminary funds, as appropriate, to ensure the institu- tenured faculty position at such institution, education; tional commitment of the entity to the which may include training with respect to ‘‘(E) publicizing existing sources of finan- projects funded under the grant or contract. pedagogical skills, program administration, cial aid available to students in the edu- As determined by the Secretary, such non- the design and conduct of research, grants cation program of such a school or who are Federal matching funds may be provided di- writing, and the preparation of articles suit- undertaking training necessary to qualify rectly or through donations from public or able for publication in peer reviewed jour- them to enroll in such a program; private entities and may be in cash or in- nals; ‘‘(F) paying such scholarships as the Sec- kind, fairly evaluated, including plant, ‘‘(C) provide services designed to assist retary may determine for such individuals equipment, or services. such individuals in their preparation for an for any period of health professions edu- ‘‘SEC. 740. AUTHORIZATION OF APPROPRIATION. academic career, including the provision of cation at a health professions school; ‘‘(a) SCHOLARSHIPS.—There are authorized counselors; and ‘‘(G) paying such stipends as the Secretary to be appropriated to carry out section 737, ‘‘(D) provide health services to rural or may approve for such individuals for any pe- $37,000,000 for fiscal year 1998, and such sums medically underserved populations. riod of education in student-enhancement as may be necessary for each of the fiscal ‘‘(4) REQUIREMENTS.—To be eligible to re- programs (other than regular courses) at any years 1999 through 2002. Of the amount ap- ceive a grant or contract under paragraph (1) health professions school, except that such a propriated in any fiscal year, the Secretary an applicant shall— stipend may not be provided to an individual shall ensure that not less than 16 percent ‘‘(A) provide an assurance that such appli- for more than 12 months, and such a stipend shall be distributed to schools of nursing. cant will make available (directly through shall be in an amount determined appro- ‘‘(b) LOAN REPAYMENTS AND FELLOW- cash donations) $1 for every $1 of Federal priate by the Secretary (notwithstanding SHIPS.—For the purpose of carrying out sec- funds received under this section for the fel- any other provision of law regarding the tion 738, there is authorized to be appro- lowship; amount of stipends); priated $1,100,000 for fiscal year 1998, and ‘‘(B) provide an assurance that institu- ‘‘(H) carrying out programs under which such sums as may be necessary for each of tional support will be provided for the indi- such individuals gain experience regarding a the fiscal years 1999 through 2002. vidual for the second and third years at a career in a field of primary health care ‘‘(c) UNDERGRADUATE ASSISTANCE.—For the level that is equal to the total amount of in- through working at facilities of public or pri- purpose of grants and contracts under sec- stitutional funds provided in the year in vate nonprofit community-based providers of tion 739(a)(1), there is authorized to be appro- which the grant or contract was awarded; primary health services; and priated $29,400,000 for fiscal year 1998, and ‘‘(C) provide an assurance that the indi- ‘‘(I) conducting activities to develop a such sums as may be necessary for each of vidual that will receive the fellowship will be larger and more competitive applicant pool the fiscal years 1999 through 2002. The Sec- a member of the faculty of the applicant through partnerships with institutions of retary may use not to exceed 20 percent of school; and higher education, school districts, and other the amount appropriated for a fiscal year ‘‘(D) provide an assurance that the indi- community-based entities. under this subsection to provide scholarships vidual that will receive the fellowship will ‘‘(3) DEFINITION.—In this section, the term under section 739(a)(2)(F). have, at a minimum, appropriate advanced ‘regular course of education of such a school’ ‘‘(d) REPORT.—Not later than 6 months preparation (such as a master’s or doctoral as used in subparagraph (D) includes a grad- after the date of enactment of this part, the

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1934 CONGRESSIONAL RECORD — SENATE March 13, 1998 Secretary shall prepare and submit to the grams, of general dentistry or pediatric den- ‘‘(iv) not less than $4,500,000 for awards of appropriate committees of Congress a report tistry. grants and contracts under subsection (a) to concerning the efforts of the Secretary to ad- For purposes of paragraph (6), entities eligi- programs of general or pediatric dentistry. dress the need for a representative mix of in- ble for such grants or contracts shall include ‘‘(B) RATABLE REDUCTION.—If amounts ap- dividuals from historically minority health entities that have programs in dental propriated under paragraph (1) for any fiscal professions schools, or from institutions or schools, approved residency programs in the year are less than the amount required to other entities that historically or by geo- general or pediatric practice of dentistry, ap- comply with subparagraph (A), the Secretary graphic location have a demonstrated record proved advanced education programs in the shall ratably reduce the amount to be made of training or educating underrepresented general or pediatric practice of dentistry, or available under each of clauses (i) through minorities, within various health professions approved residency programs in pediatric (iv) of such subparagraph accordingly.’’; and disciplines, on peer review councils.’’. dentistry.’’; (4) by repealing sections 748 through 752 (42 (b) REPEAL.— (C) in subsection (b)— U.S.C. 293l through 293p) and inserting the (1) IN GENERAL.—Section 795 of the Public (i) in paragraphs (1) and (2)(A), by inserting following: Health Service Act (42 U.S.C. 295n) is re- ‘‘, general internal medicine, or general pedi- ‘‘SEC. 748. ADVISORY COMMITTEE ON TRAINING pealed. atrics’’ after ‘‘family medicine’’; IN PRIMARY CARE MEDICINE AND (2) NONTERMINATION OF AUTHORITY.—The (ii) in paragraph (2)— DENTISTRY. amendments made by this section shall not (I) in subparagraph (A), by striking ‘‘or’’ at ‘‘(a) ESTABLISHMENT.—The Secretary shall be construed to terminate agreements that, the end; and establish an advisory committee to be on the day before the date of enactment of (II) in subparagraph (B), by striking the pe- known as the Advisory Committee on Train- this Act, are in effect pursuant to section 795 riod and inserting ‘‘; or’’; and ing in Primary Care Medicine and Dentistry of the Public Health Service Act (42 U.S.C. (iii) by adding at the end the following: (in this section referred to as the ‘Advisory 795) as such section existed on such date. ‘‘(3) PRIORITY IN MAKING AWARDS.—In mak- Committee’). Such agreements shall continue in effect in ing awards of grants and contracts under ‘‘(b) COMPOSITION.— accordance with the terms of the agree- paragraph (1), the Secretary shall give pri- ‘‘(1) IN GENERAL.—The Secretary shall de- ments. With respect to compliance with such ority to any qualified applicant for such an termine the appropriate number of individ- agreements, any period of practice as a pro- award that proposes a collaborative project uals to serve on the Advisory Committee. vider of primary health services shall be between departments of primary care.’’; Such individuals shall not be officers or em- counted towards the satisfaction of the re- (D) by redesignating subsections (c) and (d) ployees of the Federal Government. quirement of practice pursuant to such sec- as subsections (d) and (e), respectively; ‘‘(2) APPOINTMENT.—Not later than 90 days tion 795. (E) by inserting after subsection (b), the after the date of enactment of this Act, the (c) CONFORMING AMENDMENTS.—Section following new subsection: Secretary shall appoint the members of the 481A(c)(3)(D)(i) of the Public Health Service ‘‘(c) PRIORITY.— Advisory Committee from among individuals Act (42 U.S.C. 287a-2(c)(3)(D)(i)) is amended ‘‘(1) IN GENERAL.—With respect to pro- who are health professionals. In making such by striking ‘‘section 739’’ and inserting ‘‘part grams for the training of interns or resi- appointments, the Secretary shall ensure a B of title VII’’. dents, the Secretary shall give priority in fair balance between the health professions, SEC. 102. TRAINING IN PRIMARY CARE MEDICINE awarding grants under this section to quali- that at least 75 percent of the members of AND DENTISTRY. fied applicants that have a record of training the Advisory Committee are health profes- Part C of title VII of the Public Health the greatest percentage of providers, or that sionals, a broad geographic representation of Service Act (42 U.S.C. 293 et seq.) is amend- have demonstrated significant improvements members and a balance between urban and ed— in the percentage of providers, which enter rural members. Members shall be appointed (1) in the part heading by striking ‘‘PRI- and remain in primary care practice or gen- based on their competence, interest, and MARY HEALTH CARE’’ and inserting ‘‘FAM- eral or pediatric dentistry. knowledge of the mission of the profession ILY MEDICINE, GENERAL INTERNAL MED- ‘‘(2) DISADVANTAGED INDIVIDUALS.—With re- involved. ICINE, GENERAL PEDIATRICS, PHYSICIAN spect to programs for the training of interns, ‘‘(3) MINORITY REPRESENTATION.—In ap- ASSISTANTS, GENERAL DENTISTRY, AND residents, or physician assistants, the Sec- pointing the members of the Advisory Com- PEDIATRIC DENTISTRY’’; retary shall give priority in awarding grants mittee under paragraph (2), the Secretary (2) by repealing section 746 (42 U.S.C. 293j); under this section to qualified applicants shall ensure the adequate representation of (3) in section 747 (42 U.S.C. 293k)— that have a record of training individuals women and minorities. (A) by striking the section heading and in- who are from disadvantaged backgrounds ‘‘(c) TERMS.— serting the following: (including racial and ethnic minorities ‘‘(1) IN GENERAL.—A member of the Advi- ‘‘SEC. 747. FAMILY MEDICINE, GENERAL INTER- underrepresented among primary care prac- sory Committee shall be appointed for a NAL MEDICINE, GENERAL PEDIAT- tice or general or pediatric dentistry). term of 3 years, except that of the members RICS, GENERAL DENTISTRY, PEDI- ‘‘(3) SPECIAL CONSIDERATION.—In awarding first appointed— ATRIC DENTISTRY, AND PHYSICIAN grants under this section the Secretary shall ‘‘(A) 1⁄3 of such members shall serve for a ASSISTANTS.’’; give special consideration to projects which term of 1 year; (B) in subsection (a)— prepare practitioners to care for underserved ‘‘(B) 1⁄3 of such members shall serve for a (i) in paragraph (1)— populations and other high risk groups such term of 2 years; and (I) by inserting ‘‘, internal medicine, or pe- as the elderly, individuals with HIV-AIDS, ‘‘(C) 1⁄3 of such members shall serve for a diatrics’’ after ‘‘family medicine’’; and substance abusers, homeless, and victims of term of 3 years. (II) by inserting before the semicolon the domestic violence.’’; and ‘‘(2) VACANCIES.— following: ‘‘that emphasizes training for the (F) in subsection (e) (as so redesignated by ‘‘(A) IN GENERAL.—A vacancy on the Advi- practice of family medicine, general internal subparagraph (D))— sory Committee shall be filled in the manner medicine, or general pediatrics (as defined by (i) in paragraph (1), by striking in which the original appointment was made the Secretary)’’; ‘‘$54,000,000’’ and all that follows and insert- and shall be subject to any conditions which (ii) in paragraph (2), by inserting ‘‘, general ing ‘‘$78,300,000 for fiscal year 1998, and such applied with respect to the original appoint- internal medicine, or general pediatrics’’ be- sums as may be necessary for each of the fis- ment. fore the semicolon; cal years 1999 through 2002.’’; and ‘‘(B) FILLING UNEXPIRED TERM.—An indi- (iii) in paragraphs (3) and (4), by inserting (ii) by striking paragraph (2) and inserting vidual chosen to fill a vacancy shall be ap- ‘‘, general internal medicine or general pedi- the following: pointed for the unexpired term of the mem- atrics’’ after ‘‘family medicine’’; ‘‘(2) ALLOCATION.— ber replaced. (iv) in paragraphs (3) and (4), by inserting ‘‘(A) IN GENERAL.—Of the amounts appro- ‘‘(d) DUTIES.—The Advisory Committee ‘‘(including geriatrics) after ‘‘family medi- priated under paragraph (1) for a fiscal year, shall— cine’’; the Secretary shall make available— ‘‘(1) provide advice and recommendations (v) in paragraph (3), by striking ‘‘and’’ at ‘‘(i) not less than $49,300,000 for awards of to the Secretary concerning policy and pro- the end thereof; grants and contracts under subsection (a) to gram development and other matters of sig- (vi) in paragraph (4), by striking the period programs of family medicine, of which not nificance concerning the activities under and inserting a semicolon; and less than $8,600,000 shall be made available section 747; and (vii) by adding at the end thereof the fol- for awards of grants and contracts under sub- ‘‘(2) not later than 3 years after the date of lowing new paragraphs: section (b) for family medicine academic ad- enactment of this section, and annually ‘‘(5) to meet the costs of projects to plan, ministrative units; thereafter, prepare and submit to the Sec- develop, and operate or maintain programs ‘‘(ii) not less than $17,700,000 for awards of retary, and the Committee on Labor and for the training of physician assistants (as grants and contracts under subsection (a) to Human Resources of the Senate, and the defined in section 799B), and for the training programs of general internal medicine and Committee on Commerce of the House of of individuals who will teach in programs to general pediatrics; Representatives, a report describing the ac- provide such training; and ‘‘(iii) not less than $6,800,000 for awards of tivities of the Committee, including findings ‘‘(6) to meet the costs of planning, devel- grants and contracts under subsection (a) to and recommendations made by the Com- oping, or operating programs, and to provide programs relating to physician assistants; mittee concerning the activities under sec- financial assistance to residents in such pro- and tion 747.

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‘‘(e) MEETINGS AND DOCUMENTS.— ‘‘(i) improve the recruitment, distribution, in cash toward such costs in an amount that ‘‘(1) MEETINGS.—The Advisory Committee supply, quality and efficiency of personnel is equal to not less than 50 percent of such shall meet not less than 2 times each year. providing health services in underserved costs. Such meetings shall be held jointly with rural and urban areas and personnel pro- ‘‘(C) LIMITATION.—The aggregate amount of other related entities established under this viding health services to populations having awards provided under subparagraph (A) to title where appropriate. demonstrated serious unmet health care entities in a State for a fiscal year may not ‘‘(2) DOCUMENTS.—Not later than 14 days needs; exceed the lesser of— prior to the convening of a meeting under ‘‘(ii) increase the number of primary care ‘‘(i) $2,000,000; or paragraph (1), the Advisory Committee shall physicians and other primary care providers ‘‘(ii) an amount equal to the product of prepare and make available an agenda of the who provide services in underserved areas $250,000 and the aggregate number of area matters to be considered by the Advisory through the offering of an educational con- health education centers operated in the Committee at such meeting. At any such tinuum of health career recruitment through State by such entities. meeting, the Advisory Council shall dis- clinical education concerning underserved ‘‘(b) REQUIREMENTS FOR CENTERS.— tribute materials with respect to the issues areas in a comprehensive health workforce ‘‘(1) GENERAL REQUIREMENT.—Each area to be addressed at the meeting. Not later strategy; health education center that receives funds than 30 days after the adjourning of such a ‘‘(iii) carry out recruitment and health ca- under this section shall encourage the re- meeting, the Advisory Committee shall pre- reer awareness programs to recruit individ- gionalization of health professions schools pare and make available a summary of the uals from underserved areas and under-rep- through the establishment of partnerships meeting and any actions taken by the Com- resented populations, including minority and with community-based organizations. mittee based upon the meeting. other elementary or secondary students, into ‘‘(2) SERVICE AREA.—Each area health edu- ‘‘(f) COMPENSATION AND EXPENSES.— the health professions; cation center that receives funds under this ‘‘(1) COMPENSATION.—Each member of the ‘‘(iv) prepare individuals to more effec- section shall specifically designate a geo- Advisory Committee shall be compensated at tively provide health services to underserved graphic area or medically underserved popu- a rate equal to the daily equivalent of the areas or underserved populations through lation to be served by the center. Such area annual rate of basic pay prescribed for level field placements, preceptorships, the conduct or population shall be in a location removed IV of the Executive Schedule under section of or support of community-based primary from the main location of the teaching fa- 5315 of title 5, United States Code, for each care residency programs, and agreements cilities of the schools participating in the day (including travel time) during which with community-based organizations such as program with such center. such member is engaged in the performance community health centers, migrant health ‘‘(3) OTHER REQUIREMENTS.—Each area of the duties of the Committee. centers, Indian health centers, public health health education center that receives funds ‘‘(2) EXPENSES.—The members of the Advi- departments and others; under this section shall— sory Committee shall be allowed travel ex- ‘‘(v) conduct health professions education ‘‘(A) assess the health personnel needs of penses, including per diem in lieu of subsist- and training activities for students of health the area to be served by the center and assist ence, at rates authorized for employees of professions schools and medical residents; in the planning and development of training agencies under subchapter I of chapter 57 of ‘‘(vi) conduct at least 10 percent of medical programs to meet such needs; title 5, United States Code, while away from student required clinical education at sites ‘‘(B) arrange and support rotations for stu- their homes or regular places of business in remote to the primary teaching facility of dents and residents in family medicine, gen- the performance of services for the Com- the contracting institution; and eral internal medicine or general pediatrics, mittee. ‘‘(vii) provide information dissemination with at least one center in each program ‘‘(g) FACA.—The Federal Advisory Com- and educational support to reduce profes- being affiliated with or conducting a rotat- mittee Act shall apply to the Advisory Com- sional isolation, increase retention, enhance ing osteopathic internship or medical resi- mittee under this section only to the extent the practice environment, and improve dency training program in family medicine that the provisions of such Act do not con- health care through the timely dissemina- (including geriatrics), general internal medi- flict with the requirements of this section.’’. tion of research findings using relevant re- cine (including geriatrics), or general pediat- SEC. 103. INTERDISCIPLINARY, COMMUNITY- sources. rics in which no fewer than 4 individuals are BASED LINKAGES. ‘‘(B) OTHER ELIGIBLE ENTITIES.—With re- enrolled in first-year positions; Part D of title VII of the Public Health spect to a State in which no area health edu- ‘‘(C) conduct and participate in inter- Service Act (42 U.S.C. 294 et seq.) is amended cation center program is in operation, the disciplinary training that involves physi- to read as follows: Secretary may award a grant or contract cians and other health personnel including, ‘‘PART D—INTERDISCIPLINARY, under subparagraph (A) to a school of nurs- where practicable, public health profes- COMMUNITY-BASED LINKAGES ing. sionals, physician assistants, nurse practi- ‘‘SEC. 750. GENERAL PROVISIONS. ‘‘(C) PROJECT TERMS.— tioners, nurse midwives, and behavioral and ‘‘(a) COLLABORATION.—To be eligible to re- ‘‘(i) IN GENERAL.—Except as provided in mental health providers; and ceive assistance under this part, an academic clause (ii), the period during which payments ‘‘(D) have an advisory board, at least 75 institution shall use such assistance in col- may be made under an award under subpara- percent of the members of which shall be in- laboration with 2 or more disciplines. graph (A) may not exceed— dividuals, including both health service pro- ‘‘(b) ACTIVITIES.—An entity shall use as- ‘‘(I) in the case of a project, 12 years or viders and consumers, from the area served sistance under this part to carry out innova- ‘‘(II) in the case of a center within a by the center. tive demonstration projects for strategic project, 6 years. ‘‘(c) CERTAIN PROVISIONS REGARDING FUND- workforce supplementation activities as ‘‘(ii) EXCEPTION.—The periods described in ING.— needed to meet national goals for inter- clause (i) shall not apply to projects that ‘‘(1) ALLOCATION TO CENTER.—Not less than disciplinary, community-based linkages. have completed the initial period of Federal 75 percent of the total amount of Federal Such assistance may be used consistent with funding under this section and that desire to funds provided to an entity under this sec- this part— compete for model awards under paragraph tion shall be allocated by an area health edu- ‘‘(1) to develop and support training pro- (2)(A). cation center program to the area health grams; ‘‘(2) ASSISTANCE FOR OPERATION OF MODEL education center. Such entity shall enter ‘‘(2) for faculty development; PROGRAMS.— into an agreement with each center for pur- ‘‘(3) for model demonstration programs; ‘‘(A) IN GENERAL.—In the case of any entity poses of specifying the allocation of such 75 ‘‘(4) for the provision of stipends for fellow- described in paragraph (1)(A) that— percent of funds. ship trainees; ‘‘(i) has previously received funds under ‘‘(2) OPERATING COSTS.—With respect to the ‘‘(5) to provide technical assistance; and this section; operating costs of the area health education ‘‘(6) for other activities that will produce ‘‘(ii) is operating an area health education center program of an entity receiving funds outcomes consistent with the purposes of center program; and under this section, the entity shall make this part. ‘‘(iii) is no longer receiving financial as- available (directly or through contributions ‘‘SEC. 751. AREA HEALTH EDUCATION CENTERS. sistance under paragraph (1); from State, county or municipal govern- ‘‘(a) AUTHORITY FOR PROVISION OF FINAN- the Secretary may provide financial assist- ments, or the private sector) non-Federal CIAL ASSISTANCE.— ance to such entity to pay the costs of oper- contributions in cash toward such costs in an ‘‘(1) ASSISTANCE FOR PLANNING, DEVELOP- ating and carrying out the requirements of amount that is equal to not less than 50 per- MENT, AND OPERATION OF PROGRAMS.— the program as described in paragraph (1). cent of such costs, except that the Secretary ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(B) MATCHING REQUIREMENT.—With re- may grant a waiver for up to 75 percent of award grants to and enter into contracts spect to the costs of operating a model pro- the amount of the required non-Federal with schools of medicine and osteopathic gram under subparagraph (A), an entity, to match in the first 3 years in which an entity medicine, and incorporated consortia made be eligible for financial assistance under sub- receives funds under this section. up of such schools, or the parent institutions paragraph (A), shall make available (directly ‘‘SEC. 752. HEALTH EDUCATION AND TRAINING of such schools, for projects for the planning, or through contributions from State, county CENTERS. development and operation of area health or municipal governments, or the private ‘‘(a) IN GENERAL.—To be eligible for funds education center programs that— sector) recurring non-Federal contributions under this section, an health education

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training center shall be an entity otherwise ily medicine or in a department of geriatrics ‘‘(2) ELIGIBLE INDIVIDUALS.—To be eligible eligible for funds under section 751 that— or behavioral or mental health; to receive an Award under paragraph (1), an ‘‘(1) addresses the persistent and severe ‘‘(E) provide training in geriatrics and ex- individual shall— unmet health care needs in States along the posure to the physical and mental disabil- ‘‘(A) have a degree in internal medicine, border between the United States and Mex- ities of elderly individuals through a variety family practice, or behavioral or mental ico and in the State of Florida, and in other of service rotations, such as geriatric con- health science; urban and rural areas with populations with sultation services, acute care services, den- ‘‘(B) have completed an approved fellow- serious unmet health care needs; tal services, geriatric behavioral or mental ship program in geriatrics; and ‘‘(2) establishes an advisory board com- health units, day and home care programs, ‘‘(C) have a junior faculty appointment at prised of health service providers, educators rehabilitation services, extended care facili- an accredited (as determined by the Sec- and consumers from the service area; ties, geriatric ambulatory care and com- retary) school of medicine or osteopathic ‘‘(3) conducts training and education pro- prehensive evaluation units, and community medicine. grams for health professions students in care programs for elderly mentally retarded ‘‘(3) LIMITATIONS.—No Award under para- these areas; individuals; and graph (1) may be made to an eligible indi- ‘‘(4) conducts training in health education ‘‘(F) provide training in geriatrics through vidual unless the individual— services, including training to prepare com- one or both of the training options described ‘‘(A) has submitted to the Secretary an ap- munity health workers; and in subparagraphs (A) and (B) of paragraph plication, at such time, in such manner, and ‘‘(5) supports health professionals (includ- (3). containing such information as the Sec- retary may require, and the Secretary has ing nursing) practicing in the area through ‘‘(3) TRAINING OPTIONS.—The training op- approved such application; and educational and other services. tions referred to in subparagraph (F) of para- ‘‘(B) provides, in such form and manner as ‘‘(b) ALLOCATION OF FUNDS.—The Secretary graph (2) shall be as follows: the Secretary may require, assurances that shall make available 50 percent of the ‘‘(A) A 1-year retraining program in geri- the individual will meet the service require- amounts appropriated for each fiscal year atrics for— ment described in subsection (e). under section 752 for the establishment or ‘‘(i) physicians who are faculty members in ‘‘(4) AMOUNT AND TERM.— operation of health education training cen- departments of internal medicine, family ters through projects in States along the ‘‘(A) AMOUNT.—The amount of an Award medicine, gynecology, geriatrics, and behav- under this section shall equal $50,000 for fis- border between the United States and Mex- ioral or mental health at schools of medicine ico and in the State of Florida. cal year 1998, adjusted for subsequent fiscal and osteopathic medicine; years to reflect the increase in the Consumer ‘‘SEC. 753. EDUCATION AND TRAINING RELATING ‘‘(ii) dentists who are faculty members at Price Index. TO GERIATRICS. schools of dentistry or at hospital depart- ‘‘(B) TERM.—The term of any Award made ‘‘(a) GERIATRIC EDUCATION CENTERS.— ments of dentistry; and under this subsection shall not exceed 5 ‘‘(1) IN GENERAL.—The Secretary shall ‘‘(iii) behavioral or mental health profes- years. award grants or contracts under this section sionals who are faculty members in depart- ‘‘(5) SERVICE REQUIREMENT.—An individual to entities described in paragraphs (1), (3), or ments of behavioral or mental health; and who receives an Award under this subsection (4) of section 799B, and section 853(2), for the ‘‘(B) A 2-year internal medicine or family shall provide training in clinical geriatrics, establishment or operation of geriatric edu- medicine fellowship program providing em- including the training of interdisciplinary cation centers. phasis in geriatrics, which shall be designed teams of health care professionals. The pro- ‘‘(2) REQUIREMENTS.—A geriatric education to provide training in clinical geriatrics and vision of such training shall constitute at center is a program that— geriatrics research for— least 75 percent of the obligations of such in- ‘‘(A) improves the training of health pro- ‘‘(i) physicians who have completed grad- dividual under the Award. fessionals in geriatrics, including geriatric uate medical education programs in internal ‘‘SEC. 754. RURAL INTERDISCIPLINARY TRAINING residencies, traineeships, or fellowships; medicine, family medicine, behavioral or GRANTS. ‘‘(B) develops and disseminates curricula mental health, neurology, gynecology, or re- ‘‘(a) GRANTS.—The Secretary may make relating to the treatment of the health prob- habilitation medicine; grants or contracts under this section to lems of elderly individuals; ‘‘(ii) dentists who have demonstrated a help entities fund authorized activities under ‘‘(C) supports the training and retraining commitment to an academic career and who an application approved under subsection (c). of faculty to provide instruction in geri- have completed postdoctoral dental training, ‘‘(b) USE OF AMOUNTS.— atrics; including postdoctoral dental education pro- ‘‘(1) IN GENERAL.—Amounts provided under ‘‘(D) supports continuing education of grams or who have relevant advanced train- subsection (a) shall be used by the recipients health professionals who provide geriatric ing or experience; and to fund interdisciplinary training projects care; and ‘‘(iii) behavioral or mental health profes- designed to— ‘‘(E) provides students with clinical train- sionals who have completed graduate med- ‘‘(A) use new and innovative methods to ing in geriatrics in nursing homes, chronic ical education programs in behavioral or train health care practitioners to provide and acute disease hospitals, ambulatory care mental health. services in rural areas; centers, and senior centers. ‘‘(B) demonstrate and evaluate innovative ‘‘(4) DEFINITIONS.—For purposes of this sub- ERIATRIC TRAINING REGARDING PHYSI- ‘‘(b) G section: interdisciplinary methods and models de- CIANS AND DENTISTS.— signed to provide access to cost-effective ‘‘(A) The term ‘graduate medical education ‘‘(1) IN GENERAL.—The Secretary may make comprehensive health care; program’ means a program sponsored by a grants to, and enter into contracts with, ‘‘(C) deliver health care services to individ- school of medicine, a school of osteopathic schools of medicine, schools of osteopathic uals residing in rural areas; medicine, a hospital, or a public or private medicine, teaching hospitals, and graduate ‘‘(D) enhance the amount of relevant re- institution that— medical education programs, for the purpose search conducted concerning health care ‘‘(i) offers postgraduate medical training in of providing support (including residencies, issues in rural areas; and the specialties and subspecialties of medi- traineeships, and fellowships) for geriatric ‘‘(E) increase the recruitment and reten- cine; and training projects to train physicians, den- tion of health care practitioners from rural ‘‘(ii) has been accredited by the Accredita- tists and behavioral and mental health pro- areas and make rural practice a more attrac- tion Council for Graduate Medical Education fessionals who plan to teach geriatric medi- tive career choice for health care practi- cine, geriatric behavioral or mental health, or the American Osteopathic Association tioners. through its Committee on Postdoctoral or geriatric dentistry. ‘‘(2) METHODS.—A recipient of funds under Training. ‘‘(2) REQUIREMENTS.—Each project for subsection (a) may use various methods in which a grant or contract is made under this ‘‘(B) The term ‘post-doctoral dental edu- carrying out the projects described in para- subsection shall— cation program’ means a program sponsored graph (1), including— ‘‘(A) be staffed by full-time teaching physi- by a school of dentistry, a hospital, or a pub- ‘‘(A) the distribution of stipends to stu- cians who have experience or training in lic or private institution that— dents of eligible applicants; geriatric medicine or geriatric behavioral or ‘‘(i) offers post-doctoral training in the ‘‘(B) the establishment of a post-doctoral mental health; specialties of dentistry, advanced education fellowship program; ‘‘(B) be staffed, or enter into an agreement in general dentistry, or a dental general ‘‘(C) the training of faculty in the eco- with an institution staffed by full-time or practice residency; and nomic and logistical problems confronting part-time teaching dentists who have experi- ‘‘(ii) has been accredited by the Commis- rural health care delivery systems; or ence or training in geriatric dentistry; sion on Dental Accreditation. ‘‘(D) the purchase or rental of transpor- ‘‘(C) be staffed, or enter into an agreement ‘‘(c) GERIATRIC FACULTY FELLOWSHIPS.— tation and telecommunication equipment with an institution staffed by full-time or ‘‘(1) ESTABLISHMENT OF PROGRAM.—The where the need for such equipment due to part-time teaching behavioral mental health Secretary shall establish a program to pro- unique characteristics of the rural area is professionals who have experience or train- vide Geriatric Academic Career Awards to demonstrated by the recipient. ing in geriatric behavioral or mental health; eligible individuals to promote the career de- ‘‘(3) ADMINISTRATION.— ‘‘(D) be based in a graduate medical edu- velopment of such individuals as academic ‘‘(A) IN GENERAL.—An applicant shall not cation program in internal medicine or fam- geriatricians. use more than 10 percent of the funds made

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1937 available to such applicant under subsection ‘‘(I) those that provide financial assistance pointed for the unexpired term of the mem- (a) for administrative expenses. (in the form of traineeships) to students who ber replaced. ‘‘(B) TRAINING.—Not more than 10 percent are participants in any such program; and ‘‘(d) DUTIES.—The Advisory Committee of the individuals receiving training with ‘‘(i) who plan to pursue a career in an al- shall— funds made available to an applicant under lied health field that has a demonstrated ‘‘(1) provide advice and recommendations subsection (a) shall be trained as doctors of personnel shortage; and to the Secretary concerning policy and pro- medicine or doctors of osteopathy. ‘‘(ii) who agree upon completion of the gram development and other matters of sig- ‘‘(C) LIMITATION.—An institution that retraining program to practice in a medically nificance concerning the activities under ceives a grant under this section shall use underserved community; this part; and ‘‘(2) not later than 3 years after the date of amounts received under such grant to sup- that shall be utilized to assist in the pay- enactment of this section, and annually plement, not supplant, amounts made avail- ment of all or part of the costs associated thereafter, prepare and submit to the Sec- able by such institution for activities of the with tuition, fees and such other stipends as retary, and the Committee on Labor and type described in subsection (b)(1) in the fis- the Secretary may consider necessary; and Human Resources of the Senate, and the cal year preceding the year for which the ‘‘(J) those to meet the costs of projects to Committee on Commerce of the House of grant is received. plan, develop, and operate or maintain grad- ‘‘(c) APPLICATIONS.—Applications sub- Representatives, a report describing the ac- uate programs in behavioral and mental mitted for assistance under this section tivities of the Committee, including findings health practice. shall— and recommendations made by the Com- ‘‘(2) Planning and implementing projects ‘‘(1) be jointly submitted by at least two mittee concerning the activities under this in preventive and primary care training for eligible applicants with the express purpose part. podiatric physicians in approved or provi- of assisting individuals in academic institu- ‘‘(e) MEETINGS AND DOCUMENTS.— sionally approved residency programs that tions in establishing long-term collaborative ‘‘(1) MEETINGS.—The Advisory Committee shall provide financial assistance in the form relationships with health care providers in shall meet not less than 3 times each year. of traineeships to residents who participate rural areas; and Such meetings shall be held jointly with in such projects and who plan to specialize in ‘‘(2) designate a rural health care agency other related entities established under this primary care. or agencies for clinical treatment or train- title where appropriate. ‘‘(3) Carrying out demonstration projects ing, including hospitals, community health ‘‘(2) DOCUMENTS.—Not later than 14 days in which chiropractors and physicians col- centers, migrant health centers, rural health prior to the convening of a meeting under laborate to identify and provide effective clinics, community behavioral and mental paragraph (1), the Advisory Committee shall treatment for spinal and lower-back condi- health centers, long-term care facilities, Na- prepare and make available an agenda of the tions. tive Hawaiian health centers, or facilities matters to be considered by the Advisory operated by the Indian Health Service or an ‘‘SEC. 756. ADVISORY COMMITTEE ON INTER- Committee at such meeting. At any such Indian tribe or tribal organization or Indian DISCIPLINARY, COMMUNITY-BASED meeting, the Advisory Council shall dis- LINKAGES. organization under a contract with the In- tribute materials with respect to the issues ‘‘(a) ESTABLISHMENT.—The Secretary shall dian Health Service under the Indian Self- to be addressed at the meeting. Not later establish an advisory committee to be Determination Act. than 30 days after the adjourning of such a known as the Advisory Committee on Inter- ‘‘(d) DEFINITIONS.—For the purposes of this meeting, the Advisory Committee shall pre- disciplinary, Community-Based Linkages (in section, the term ‘rural’ means geographic pare and make available a summary of the this section referred to as the ‘Advisory areas that are located outside of standard meeting and any actions taken by the Com- Committee’). metropolitan statistical areas. mittee based upon the meeting. ‘‘SEC. 755. ALLIED HEALTH AND OTHER DIS- ‘‘(b) COMPOSITION.— ‘‘(f) COMPENSATION AND EXPENSES.— CIPLINES. ‘‘(1) IN GENERAL.—The Secretary shall de- ‘‘(1) COMPENSATION.—Each member of the ‘‘(a) IN GENERAL.—The Secretary may termine the appropriate number of individ- Advisory Committee shall be compensated at make grants or contracts under this section uals to serve on the Advisory Committee. a rate equal to the daily equivalent of the to help entities fund activities of the type Such individuals shall not be officers or em- annual rate of basic pay prescribed for level described in subsection (b). ployees of the Federal Government. IV of the Executive Schedule under section ‘‘(b) ACTIVITIES.—Activities of the type de- ‘‘(2) APPOINTMENT.—Not later than 90 days 5315 of title 5, United States Code, for each scribed in this subsection include the fol- after the date of enactment of this Act, the day (including travel time) during which lowing: Secretary shall appoint the members of the such member is engaged in the performance ‘‘(1) Assisting entities in meeting the costs Advisory Committee from among individuals of the duties of the Committee. associated with expanding or establishing who are health professionals from schools of ‘‘(2) EXPENSES.—The members of the Advi- programs that will increase the number of the types described in sections 751(a)(1)(A), sory Committee shall be allowed travel ex- individuals trained in allied health profes- 751(a)(1)(B), 753(b), 754(3)(A), and 755(b). In penses, including per diem in lieu of subsist- sions. Programs and activities funded under making such appointments, the Secretary ence, at rates authorized for employees of this paragraph may include— shall ensure a fair balance between the agencies under subchapter I of chapter 57 of ‘‘(A) those that expand enrollments in al- health professions, that at least 75 percent of title 5, United States Code, while away from lied health professions with the greatest the members of the Advisory Committee are their homes or regular places of business in shortages or whose services are most needed health professionals, a broad geographic rep- the performance of services for the Com- by the elderly; resentation of members and a balance be- mittee. ‘‘(B) those that provide rapid transition tween urban and rural members. Members ‘‘(g) FACA.—The Federal Advisory Com- training programs in allied health fields to shall be appointed based on their committee Act shall apply to the Advisory Com- individuals who have baccalaureate degrees petence, interest, and knowledge of the mis- mittee under this section only to the extent in health-related sciences; sion of the profession involved. that the provisions of such Act do not con- ‘‘(C) those that establish community-based ‘‘(3) MINORITY REPRESENTATION.—In ap- flict with the requirements of this section. allied health training programs that link pointing the members of the Advisory Com- ‘‘SEC. 757. AUTHORIZATION OF APPROPRIATIONS. academic centers to rural clinical settings; mittee under paragraph (2), the Secretary ‘‘(a) IN GENERAL.—There are authorized to ‘‘(D) those that provide career advance- shall ensure the adequate representation of be appropriated to carry out this part, ment training for practicing allied health women and minorities. $55,600,000 for fiscal year 1998, and such sums professionals; ‘‘(c) TERMS.— as may be necessary for each of the fiscal ‘‘(E) those that expand or establish clinical ‘‘(1) IN GENERAL.—A member of the Advi- years 1999 through 2002. training sites for allied health professionals sory Committee shall be appointed for a ‘‘(b) ALLOCATION.— in medically underserved or rural commu- term of 3 years, except that of the members ‘‘(1) IN GENERAL.—Of the amounts appro- nities in order to increase the number of in- first appointed— priated under subsection (a) for a fiscal year, dividuals trained; ‘‘(A) 1⁄3 of the members shall serve for a the Secretary shall make available— ‘‘(F) those that develop curriculum that term of 1 year; ‘‘(A) not less than $28,587,000 for awards of will emphasize knowledge and practice in ‘‘(B) 1⁄3 of the members shall serve for a grants and contracts under section 751; the areas of prevention and health pro- term of 2 years; and ‘‘(B) not less than $3,765,000 for awards of motion, geriatrics, long-term care, home ‘‘(C) 1⁄3 of the members shall serve for a grants and contracts under section 752, of health and hospice care, and ethics; term of 3 years. which not less than 50 percent of such ‘‘(G) those that expand or establish inter- ‘‘(2) VACANCIES.— amount shall be made available for centers disciplinary training programs that promote ‘‘(A) IN GENERAL.—A vacancy on the Advi- described in subsection (a)(1) of such section; the effectiveness of allied health practi- sory Committee shall be filled in the manner and tioners in geriatric assessment and the reha- in which the original appointment was made ‘‘(C) not less than $22,631,000 for awards of bilitation of the elderly; and shall be subject to any conditions which grants and contracts under sections 753, 754, ‘‘(H) those that expand or establish dem- applied with respect to the original appoint- and 755. onstration centers to emphasize innovative ment. ‘‘(2) RATABLE REDUCTION.—If amounts ap- models to link allied health clinical practice, ‘‘(B) FILLING UNEXPIRED TERM.—An indi- propriated under subsection (a) for any fiscal education, and research; vidual chosen to fill a vacancy shall be ap- year are less than the amount required to

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1938 CONGRESSIONAL RECORD — SENATE March 13, 1998 comply with paragraph (1), the Secretary respect to the programs or activities from lic health, preventive medicine, public shall ratably reduce the amount to be made which such amounts were made available.’’. health dentistry, and health administration available under each of subparagraphs (A) (b) COUNCIL ON GRADUATE MEDICAL EDU- needs; through (C) of such paragraph accordingly. CATION.—Section 301 of the Health Profes- ‘‘(7) preparing public health professionals ‘‘(c) OBLIGATION OF CERTAIN AMOUNTS.— sions Education Extension Amendments of for employment at the State and community ‘‘(1) AREA HEALTH EDUCATION CENTER PRO- 1992 (Public Law 102-408) is amended— levels; or GRAMS.—Of the amounts made available (1) in subsection (j), by striking ‘‘1995’’ and ‘‘(8) other activities that may produce out- under subsection (b)(1)(A) for each fiscal inserting ‘‘2002’’; comes that are consistent with the purposes year, the Secretary may obligate for awards (2) in subsection (k), by striking ‘‘1995’’ and of this section under section 751(a)(2)— inserting ‘‘2002’’; ‘‘(e) TRAINEESHIPS.— ‘‘(A) not less than 23 percent of such (3) by adding at the end thereof the fol- ‘‘(1) IN GENERAL.—With respect to amounts amounts in fiscal year 1998; lowing new subsection: used under this section for the training of ‘‘(B) not less than 30 percent of such ‘‘(l) FUNDING.—Amounts otherwise appro- health professionals, such training programs amounts in fiscal year 1999; priated under this title may be utilized by shall be designed to— ‘‘(C) not less than 35 percent of such the Secretary to support the activities of the ‘‘(A) make public health education more amounts in fiscal year 2000; Council.’’; accessible to the public and private health ‘‘(D) not less than 40 percent of such (4) by transferring such section to part E of workforce; amounts in fiscal year 2001; and title VII of the Public Health Service Act (as ‘‘(B) increase the relevance of public ‘‘(E) not less than 45 percent of such amended by subsection (a)); health academic preparation to public health amounts in fiscal year 2002. (5) by redesignating such section as section practice in the future; ‘‘(2) SENSE OF CONGRESS.—It is the sense of 763; and ‘‘(C) provide education or training for stu- the Congress that— (6) by inserting such section after section dents from traditional on-campus programs ‘‘(A) every State have an area health edu- 762. in practice-based sites; or cation center program in effect under this SEC. 105. PUBLIC HEALTH WORKFORCE DEVEL- ‘‘(D) develop educational methods and dis- section; and OPMENT. tance-based approaches or technology that ‘‘(B) the ratio of Federal funding for the Part E of title VII of the Public Health address adult learning requirements and in- model program under section 751(a)(2) should Service Act (as amended by section 104) is crease knowledge and skills related to com- increase over time and that Federal funding further amended by adding at the end the munity-based cultural diversity in public for other awards under this section shall de- following: health education. crease so that the national program will be- ‘‘Subpart 2—Public Health Workforce ‘‘(2) SEVERE SHORTAGE DISCIPLINES.— come entirely comprised of programs that ‘‘SEC. 765. GENERAL PROVISIONS. Amounts provided under grants or contracts are funded at least 50 percent by State and under this section may be used for the oper- ‘‘(a) IN GENERAL.—The Secretary may local partners.’’. award grants or contracts to eligible entities ation of programs designed to award SEC. 104. HEALTH PROFESSIONS WORKFORCE IN- to increase the number of individuals in the traineeships to students in accredited FORMATION AND ANALYSIS. public health workforce, to enhance the schools of public health who enter edu- (a) IN GENERAL.—Part E of title VII of the quality of such workforce, and to enhance cational programs in fields where there is a Public Health Service Act (42 U.S.C. 294n et the ability of the workforce to meet na- severe shortage of public health profes- seq.) is amended to read as follows: tional, State, and local health care needs. sionals, including epidemiology, biostatis- ‘‘PART E—HEALTH PROFESSIONS AND ‘‘(b) ELIGIBILITY.—To be eligible to receive tics, environmental health, toxicology, pub- PUBLIC HEALTH WORKFORCE a grant or contract under subsection (a) an lic health nursing, nutrition, preventive ‘‘Subpart 1—Health Professions Workforce entity shall— medicine, maternal and child health, and be- Information and Analysis ‘‘(1) be— havioral and mental health professions. ‘‘SEC. 761. HEALTH PROFESSIONS WORKFORCE ‘‘(A) a health professions school, including ‘‘SEC. 766. PUBLIC HEALTH TRAINING CENTERS. INFORMATION AND ANALYSIS. an accredited school or program of public ‘‘(a) IN GENERAL.—The Secretary may ‘‘(a) PURPOSE.—It is the purpose of this health, health administration, preventive make grants or contracts for the operation section to— medicine, or dental public health or a school of public health training centers. ‘‘(1) provide for the development of infor- providing health management programs; ‘‘(b) ELIGIBLE ENTITIES.— mation describing the health professions ‘‘(B) an academic health center; ‘‘(1) IN GENERAL.—A public health training workforce and the analysis of workforce re- ‘‘(C) a State or local government; or center shall be an accredited school of public lated issues; and ‘‘(D) any other appropriate public or pri- health, or another public or nonprofit pri- ‘‘(2) provide necessary information for de- vate nonprofit entity; and vate institution accredited for the provision cision-making regarding future directions in ‘‘(2) prepare and submit to the Secretary of graduate or specialized training in public health professions and nursing programs in an application at such time, in such manner, health, that plans, develops, operates, and response to societal and professional needs. and containing such information as the Sec- evaluates projects that are in furtherance of ‘‘(b) GRANTS OR CONTRACTS.—The Sec- retary may require. the goals established by the Secretary for retary may award grants or contracts to ‘‘(c) PREFERENCE.—In awarding grants or the year 2000 in the areas of preventive medi- State or local governments, health profes- contracts under this section the Secretary cine, health promotion and disease preven- sions schools, schools of nursing, academic may grant a preference to entities— tion, or improving access to and quality of health centers, community-based health fa- ‘‘(1) serving individuals who are from dis- health services in medically underserved cilities, and other appropriate public or pri- advantaged backgrounds (including under- communities. vate nonprofit entities to provide for— represented racial and ethnic minorities); ‘‘(2) PREFERENCE.—In awarding grants or ‘‘(1) targeted information collection and and contracts under this section the Secretary analysis activities related to the purposes ‘‘(2) graduating large proportions of indi- shall give preference to accredited schools of described in subsection (a); viduals who serve in underserved commu- public health. ‘‘(2) research on high priority workforce nities. ‘‘(c) CERTAIN REQUIREMENTS.—With respect questions; ‘‘(d) ACTIVITIES.—Amounts provided under to a public health training center, an award ‘‘(3) the development of a non-Federal ana- a grant or contract awarded under this sec- may not be made under subsection (a) unless lytic and research infrastructure related to tion may be used for— the program agrees that it— the purposes described in subsection (a); and ‘‘(1) the costs of planning, developing, or ‘‘(1) will establish or strengthen field ‘‘(4) the conduct of program evaluation and operating demonstration training programs; placements for students in public or non- assessment. ‘‘(2) faculty development; profit private health agencies or organiza- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) trainee support; tions; ‘‘(1) IN GENERAL.—There are authorized to ‘‘(4) technical assistance; ‘‘(2) will involve faculty members and stu- be appropriated to carry out this section, ‘‘(5) to meet the costs of projects— dents in collaborative projects to enhance $750,000 for fiscal year 1998, and such sums as ‘‘(A) to plan and develop new residency public health services to medically under- may be necessary for each of the fiscal years training programs and to maintain or im- served communities; 1999 through 2002. prove existing residency training programs ‘‘(3) will specifically designate a geo- ‘‘(2) RESERVATION.—Of the amounts appro- in preventive medicine and dental public graphic area or medically underserved popu- priated under subsection (a) for a fiscal year, health, that have available full-time faculty lation to be served by the center that shall the Secretary shall reserve not less than members with training and experience in the be in a location removed from the main loca- $600,000 for conducting health professions re- fields of preventive medicine and dental pub- tion of the teaching facility of the school search and for carrying out data collection lic health; and that is participating in the program with and analysis in accordance with section 792. ‘‘(B) to provide financial assistance to resi- such center; and ‘‘(3) AVAILABILITY OF ADDITIONAL FUNDS.— dency trainees enrolled in such programs; ‘‘(4) will assess the health personnel needs Amounts otherwise appropriated for pro- ‘‘(6) the retraining of existing public health of the area to be served by the center and as- grams or activities under this title may be workers as well as for increasing the supply sist in the planning and development of used for activities under subsection (b) with of new practitioners to address priority pub- training programs to meet such needs.

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1939 ‘‘SEC. 767. PUBLIC HEALTH TRAINEESHIPS. body or bodies approved for such purpose by shall contain a specification by the applicant ‘‘(a) IN GENERAL.—The Secretary may the Secretary of Education and which meets entity of performance outcome standards make grants to accredited schools of public such other quality standards as the Sec- that the project to be funded under the grant health, and to other public or nonprofit pri- retary of Health and Human Services by reg- or contract will be measured against. Such vate institutions accredited for the provision ulation may prescribe. standards shall address relevant health of graduate or specialized training in public ‘‘(c) PREFERENCE IN MAKING GRANTS.—In workforce needs that the project will meet. health, for the purpose of assisting such making grants under subsection (a), the Sec- The recipient of a grant or contract under schools and institutions in providing retary shall give preference to qualified ap- this section shall meet the standards set traineeships to individuals described in sub- plicants that meet the following conditions: forth in the grant or contract application. section (b)(3). ‘‘(1) Not less than 25 percent of the grad- ‘‘(d) LINKAGES.—An application submitted ‘‘(b) CERTAIN REQUIREMENTS.— uates of the applicant are engaged in full- under this section shall contain a description ‘‘(1) AMOUNT.—The amount of any grant time practice settings in medically under- of the linkages with relevant educational under this section shall be determined by the served communities. and health care entities, including training Secretary. ‘‘(2) The applicant recruits and admits stu- programs for other health professionals as ‘‘(2) USE OF GRANT.—Traineeships awarded dents from medically underserved commu- appropriate, that the project to be funded under grants made under subsection (a) shall nities. under the grant or contract will establish. provide for tuition and fees and such sti- ‘‘(3) For the purpose of training students, To the extent practicable, grantees under pends and allowances (including travel and the applicant has established relationships this section shall establish linkages with subsistence expenses and dependency allow- with public and nonprofit providers of health health care providers who provide care for ances) for the trainees as the Secretary may care in the community involved. underserved communities and populations. deem necessary. ‘‘(4) In training students, the applicant em- ‘‘SEC. 797. USE OF FUNDS. ‘‘(3) ELIGIBLE INDIVIDUALS.—The individ- phasizes employment with public or non- ‘‘(a) IN GENERAL.—Amounts provided under uals referred to in subsection (a) are individ- profit private entities. a grant or contract awarded under this title uals who are pursuing a course of study in a ‘‘(d) CERTAIN PROVISIONS REGARDING may be used for training program develop- TRAINEESHIPS.— health professions field in which there is a ment and support, faculty development, ‘‘(1) USE OF GRANT.—Traineeships awarded severe shortage of health professionals model demonstrations, trainee support in- under grants made under subsection (a) shall (which fields include the fields of epidemi- cluding tuition, books, program fees and rea- provide for tuition and fees and such sti- ology, environmental health, biostatistics, sonable living expenses during the period of pends and allowances (including travel and toxicology, nutrition, and maternal and training, technical assistance, workforce subsistence expenses and dependency allow- child health). analysis, dissemination of information, and ances) for the trainees as the Secretary may ‘‘SEC. 768. PREVENTIVE MEDICINE; DENTAL PUB- exploring new policy directions, as appro- LIC HEALTH. deem necessary. priate to meet recognized health workforce ‘‘(a) IN GENERAL.—The Secretary may ‘‘(2) PREFERENCE FOR CERTAIN STUDENTS.— objectives, in accordance with this title. make grants to and enter into contracts Each entity applying for a grant under sub- ‘‘(b) MAINTENANCE OF EFFORT.—With re- with schools of medicine, osteopathic medi- section (a) for traineeships shall assure to spect to activities for which a grant awarded cine, public health, and dentistry to meet the satisfaction of the Secretary that the en- under this title is to be expended, the entity the costs of projects— tity will give priority to awarding the shall agree to maintain expenditures of non- ‘‘(1) to plan and develop new residency traineeships to students who demonstrate a Federal amounts for such activities at a training programs and to maintain or im- commitment to employment with public or level that is not less than the level of such prove existing residency training programs nonprofit private entities in the fields with expenditures maintained by the entity for in preventive medicine and dental public respect to which the traineeships are award- the fiscal year preceding the fiscal year for health; and ed. which the entity receives such a grant. ‘‘(2) to provide financial assistance to resi- ‘‘SEC. 770. AUTHORIZATION OF APPROPRIATIONS. ‘‘SEC. 798. MATCHING REQUIREMENT. dency trainees enrolled in such programs. ‘‘(a) IN GENERAL.—For the purpose of car- ‘‘The Secretary may require that an entity ‘‘(b) ADMINISTRATION.— rying out this subpart, there is authorized to that applies for a grant or contract under ‘‘(1) AMOUNT.—The amount of any grant be appropriated $9,100,000 for fiscal year 1998, this title provide non-Federal matching under subsection (a) shall be determined by and such sums as may be necessary for each funds, as appropriate, to ensure the institu- the Secretary. of the fiscal years 1999 through 2002. ‘‘(2) ELIGIBILITY.—To be eligible for a grant ‘‘(b) LIMITATION REGARDING CERTAIN PRO- tional commitment of the entity to the under subsection (a), the applicant must GRAM.—In obligating amounts appropriated projects funded under the grant. As deter- demonstrate to the Secretary that it has or under subsection (a), the Secretary may not mined by the Secretary, such non-Federal will have available full-time faculty mem- obligate more than 30 percent for carrying matching funds may be provided directly or bers with training and experience in the out section 767.’’. through donations from public or private en- fields of preventive medicine or dental public SEC. 106. GENERAL PROVISIONS. tities and may be in cash or in-kind, fairly health and support from other faculty mem- (a) IN GENERAL.— evaluated, including plant, equipment, or bers trained in public health and other rel- (1) Part F of title VII of the Public Health services. evant specialties and disciplines. Service Act (42 U.S.C. 295 et seq.) is repealed. ‘‘SEC. 799. GENERALLY APPLICABLE PROVISIONS. ‘‘(3) OTHER FUNDS.—Schools of medicine, (2) Part G of title VII of the Public Health ‘‘(a) AWARDING OF GRANTS AND CON- osteopathic medicine, dentistry, and public Service Act (42 U.S.C. 295j et seq.) is amend- TRACTS.—The Secretary shall ensure that health may use funds committed by State, ed— grants and contracts under this title are local, or county public health officers as (A) by redesignating such part as part F; awarded on a competitive basis, as appro- matching amounts for Federal grant funds (B) in section 791 (42 U.S.C. 295j)— priate, to carry out innovative demonstra- for residency training programs in preven- (i) by striking subsection (b); and tion projects or provide for strategic work- tive medicine. (ii) redesignating subsection (c) as sub- force supplementation activities as needed ‘‘SEC. 769. HEALTH ADMINISTRATION section (b); to meet health workforce goals and in ac- TRAINEESHIPS AND SPECIAL (C) by repealing section 793 (42 U.S.C. 295l); cordance with this title. Contracts may be PROJECTS. (D) by repealing section 798; entered into under this title with public or ‘‘(a) IN GENERAL.—The Secretary may (E) by redesignating section 799 as section private entities as may be necessary. make grants to State or local governments 799B; and ‘‘(b) ELIGIBLE ENTITIES.—Unless specifi- (that have in effect preventive medical and (F) by inserting after section 794, the fol- cally required otherwise in this title, the dental public health residency programs) or lowing new sections: Secretary shall accept applications for public or nonprofit private educational enti- ‘‘SEC. 796. APPLICATION. grants or contracts under this title from ties (including graduate schools of social ‘‘(a) IN GENERAL.—To be eligible to receive health professions schools, academic health work and business schools that have health a grant or contract under this title, an eligi- centers, State or local governments, or other management programs) that offer a program ble entity shall prepare and submit to the appropriate public or private nonprofit enti- described in subsection (b)— Secretary an application that meets the re- ties for funding and participation in health ‘‘(1) to provide traineeships for students quirements of this section, at such time, in professions and nursing training activities. enrolled in such a program; and such manner, and containing such informa- The Secretary may accept applications from ‘‘(2) to assist accredited programs health tion as the Secretary may require. for-profit private entities if determined ap- administration in the development or im- ‘‘(b) PLAN.—An application submitted propriate by the Secretary. provement of programs to prepare students under this section shall contain the plan of ‘‘(c) INFORMATION REQUIREMENTS.— for employment with public or nonprofit pri- the applicant for carrying out a project with ‘‘(1) IN GENERAL.—Recipients of grants and vate entities. amounts received under this title. Such plan contracts under this title shall meet infor- ‘‘(b) RELEVANT PROGRAMS.—The program shall be consistent with relevant Federal, mation requirements as specified by the Sec- referred to in subsection (a) is an accredited State, or regional health professions pro- retary. program in health administration, hospital gram plans. ‘‘(2) DATA COLLECTION.—The Secretary administration, or health policy analysis and ‘‘(c) PERFORMANCE OUTCOME STANDARDS.— shall establish procedures to ensure that, planning, which program is accredited by a An application submitted under this section with respect to any data collection required

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1940 CONGRESSIONAL RECORD — SENATE March 13, 1998 under this title, such data is collected in ‘‘(B) the health workforce development tion 799B of the Public Health Service Act manner that takes into account age, gender, program under subpart 2 of part E. (42 U.S.C. 295p) (as so redesignated by section race, and ethnicity. ‘‘(i) OSTEOPATHIC SCHOOLS.—For purposes 106(a)(2)(E)) is amended— ‘‘(3) USE OF FUNDS.—The Secretary shall es- of this title, any reference to— (1) in paragraph (1)— tablish procedures to permit the use of ‘‘(1) medical schools shall include osteo- (A) in subparagraph (C)— amounts appropriated under this title to be pathic medical schools; and (i) by inserting ‘‘ and ‘graduate program in used for data collection purposes. ‘‘(2) medical students shall include osteo- professional counseling’ ’’ after ‘‘graduate ‘‘(4) EVALUATIONS.—The Secretary shall es- pathic medical students. program in marriage and family therapy’ ’’; tablish procedures to ensure the annual eval- ‘‘SEC. 799A. TECHNICAL ASSISTANCE. and uation of programs and projects operated by ‘‘Funds appropriated under this title may (ii) by inserting before the period the fol- recipients of grants or contracts under this be used by the Secretary to provide technical lowing: ‘‘and a concentration leading to a title. Such procedures shall ensure that con- assistance in relation to any of the authori- graduate degree in counseling’’; tinued funding for such programs and ties under this title.’’. (B) in subparagraph (D), by inserting ‘‘pro- projects will be conditioned upon a dem- (b) PROFESSION COUNSELORS AS MENTAL fessional counseling,’’ after ‘‘social work,’’; onstration that satisfactory progress has HEALTH PROFESSIONALS.—Section 792(a) of and been made by the program or project in the Public Health Service Act (42 U.S.C. (C) in subparagraph (E), by inserting ‘‘pro- meeting the objectives of the program or 295k(a)) is amended by inserting ‘‘profes- fessional counseling,’’ after ‘‘social work,’’; project. sional counselors,’’ after ‘‘clinical psycholo- and ‘‘(d) TRAINING PROGRAMS.—Training pro- gists,’’. (2) in paragraph (5)(C), by inserting before grams conducted with amounts received SEC. 107. PREFERENCE IN CERTAIN PROGRAMS. the period the following: ‘‘or a degree in under this title shall meet applicable accred- (a) IN GENERAL.—Section 791 of the Public counseling or an equivalent degree’’. itation and quality standards. Health Service Act (42 U.S.C. 295j), as amend- (c) MEDICALLY UNDERSERVED COMMUNITY.— ‘‘(e) DURATION OF ASSISTANCE.— ed by section 105(a)(2)(B), is further amended Section 799B(6) of the Public Health Service ‘‘(1) IN GENERAL.—Subject to paragraph (2), by adding at the end thereof the following Act (42 U.S.C. 295p(6)) (as so redesignated by in the case of an award to an entity of a subsection: section 105(a)(2)(E)) is amended— grant, cooperative agreement, or contract ‘‘(c) EXCEPTIONS FOR NEW PROGRAMS.— (1) in subparagraph (B), by striking ‘‘or’’ at under this title, the period during which pay- ‘‘(1) IN GENERAL.—To permit new programs the end thereof; ments are made to the entity under the to compete equitably for funding under this (2) in subparagraph (C), by striking the pe- award may not exceed 5 years. The provision section, those new programs that meet at riod and inserting ‘‘; or’’; and of payments under the award shall be subject least 4 of the criteria described in paragraph (3) by adding at the end the following: to annual approval by the Secretary of the (3) shall qualify for a funding preference ‘‘(D) is designated by a State Governor (in payments and subject to the availability of under this section. consultation with the medical community) appropriations for the fiscal year involved to ‘‘(2) DEFINITION.—As used in this sub- as a shortage area or medically underserved make the payments. This paragraph may not section, the term ‘new program’ means any community.’’. be construed as limiting the number of program that has graduated less than three (d) PROGRAMS FOR THE TRAINING OF PHYSI- awards under the program involved that may classes. Upon graduating at least three class- CIAN ASSISTANTS.—Paragraph (3) of section be made to the entity. es, a program shall have the capability to 799B of the Public Health Service Act (42 ‘‘(2) LIMITATION.—In the case of an award provide the information necessary to qualify U.S.C. 295p) (as so redesignated by section to an entity of a grant, cooperative agree- the program for the general funding pref- 105(a)(2)(E)) is amended to read as follows: ment, or contract under this title, paragraph erences described in subsection (a). ‘‘(3) The term ‘program for the training of (1) shall apply only to the extent not incon- ‘‘(3) CRITERIA.—The criteria referred to in physician assistants’ means an educational sistent with any other provision of this title paragraph (1) are the following: program that— that relates to the period during which pay- ‘‘(A) The mission statement of the program ‘‘(A) has as its objective the education of ments may be made under the award. identifies a specific purpose of the program individuals who will, upon completion of ‘‘(f) PEER REVIEW REGARDING CERTAIN PRO- as being the preparation of health profes- their studies in the program, be qualified to GRAMS.— sionals to serve underserved populations. provide primary care under the supervision ‘‘(1) IN GENERAL.—Each application for a ‘‘(B) The curriculum of the program in- of a physician; grant under this title, except any scholar- cludes content which will help to prepare ‘‘(B) extends for at least one academic year ship or loan program, including those under practitioners to serve underserved popu- and consists of— sections 701, 721, or 723, shall be submitted to lations. ‘‘(i) supervised clinical practice; and a peer review group for an evaluation of the ‘‘(C) Substantial clinical training experi- ‘‘(ii) at least four months (in the aggre- merits of the proposals made in the applica- ence is required under the program in medi- gate) of classroom instruction, directed to- tion. The Secretary may not approve such an cally underserved communities. ward preparing students to deliver health application unless a peer review group has ‘‘(D) A minimum of 20 percent of the clin- care; recommended the application for approval. ical faculty of the program spend at least 50 ‘‘(C) has an enrollment of not less than ‘‘(2) COMPOSITION.—Each peer review group percent of their time providing or super- eight students; and under this subsection shall be composed vising care in medically underserved commu- ‘‘(D) trains students in primary care, dis- principally of individuals who are not offi- nities. ease prevention, health promotion, geriatric cers or employees of the Federal Govern- ‘‘(E) The entire program or a substantial medicine, and home health care.’’. ment. In providing for the establishment of portion of the program is physically located SEC. 109. TECHNICAL AMENDMENT ON NATIONAL peer review groups and procedures, the Sec- in a medically underserved community. HEALTH SERVICE CORPS. retary shall ensure gender, racial, ethnic, ‘‘(F) Student assistance, which is linked to Section 338B(b)(1)(B) of the Public Health and geographic balance among the member- service in medically underserved commu- Service Act (42 U.S.C. 254l-1(b)(1)(B)) is ship of such groups. nities following graduation, is available to amended by striking ‘‘or other health profes- ‘‘(3) ADMINISTRATION.—This subsection the students in the program. sion’’ and inserting ‘‘behavioral and mental shall be carried out by the Secretary acting ‘‘(G) The program provides a placement health, or other health profession’’. through the Administrator of the Health Re- mechanism for deploying graduates to medi- SEC. 110. SAVINGS PROVISION. sources and Services Administration. cally underserved communities.’’. In the case of any authority for making ‘‘(g) PREFERENCE OR PRIORITY CONSIDER- (b) CONFORMING AMENDMENTS.—Section awards of grants or contracts that is termi- ATIONS.—In considering a preference or pri- 791(a) of the Public Health Service Act (42 nated by the amendments made by this sub- ority for funding which is based on outcome U.S.C. 295j(a)) is amended— title, the Secretary of Health and Human measures for an eligible entity under this (1) in paragraph (1), by striking ‘‘sections Services may, notwithstanding the termi- title, the Secretary may also consider the fu- 747’’ and all that follows through ‘‘767’’ and nation of the authority, continue in effect ture ability of the eligible entity to meet the inserting ‘‘sections 747 and 750’’; and any grant or contract made under the au- outcome preference or priority through im- (2) in paragraph (2), by striking ‘‘under sec- thority that is in effect on the day before the provements in the eligible entity’s program tion 798(a)’’. date of the enactment of this Act, subject to design. SEC. 108. DEFINITIONS. the duration of any such grant or contract ‘‘(h) ANALYTIC ACTIVITIES.—The Secretary (a) GRADUATE PROGRAM IN BEHAVIORAL AND not exceeding the period determined by the shall ensure that— MENTAL HEALTH PRACTICE.—Section Secretary in first approving such financial ‘‘(1) cross-cutting workforce analytical ac- 799B(1)(D) of the Public Health Service Act assistance, or in approving the most recent tivities are carried out as part of the work- (42 U.S.C. 295p(1)(D)) (as so redesignated by request made (before the date of such enact- force information and analysis activities section 106(a)(2)(E)) is amended— ment) for continuation of such assistance, as under section 761; and (1) by inserting ‘‘behavioral health and’’ the case may be. ‘‘(2) discipline-specific workforce informa- before ‘‘mental’’; and Subtitle B—Nursing Workforce Development tion and analytical activities are carried out (2) by inserting ‘‘behavioral health and SEC. 121. SHORT TITLE. as part of— mental health practice,’’ before ‘‘clinical’’. This title may be cited as the ‘‘Nursing ‘‘(A) the community-based linkage pro- (b) PROFESSIONAL COUNSELING AS A BEHAV- Education and Practice Improvement Act of gram under part D; and IORAL AND MENTAL HEALTH PRACTICE.—Sec- 1998’’.

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1941 SEC. 122. PURPOSE. university (or a unit thereof) which is ac- shall agree to maintain expenditures of non- It is the purpose of this title to restructure credited by a recognized body or bodies, or Federal amounts for such activities at a the nurse education authorities of title VIII by a State agency, approved for such purpose level that is not less than the level of such of the Public Health Service Act to permit a by the Secretary of Education. For the pur- expenditures maintained by the entity for comprehensive, flexible, and effective ap- pose of this paragraph, the Secretary of Edu- the fiscal year preceding the fiscal year for proach to Federal support for nursing work- cation shall publish a list of recognized ac- which the entity receives such a grant. force development. crediting bodies, and of State agencies, ‘‘SEC. 804. MATCHING REQUIREMENT. SEC. 123. AMENDMENTS TO PUBLIC HEALTH which the Secretary of Education determines ‘‘The Secretary may require that an entity SERVICE ACT. to be reliable authority as to the quality of that applies for a grant or contract under Title VIII of the Public Health Service Act education offered. this title provide non-Federal matching (42 U.S.C. 296k et seq.) is amended— ‘‘(B) NEW PROGRAMS.—A new program of funds, as appropriate, to ensure the institu- (1) by striking the title heading and all nursing that, by reason of an insufficient pe- tional commitment of the entity to the that follows except for subpart II of part B riod of operation, is not, at the time of the projects funded under the grant. Such non- and sections 846 and 855; and inserting the submission of an application for a grant or Federal matching funds may be provided di- following: contract under this title, eligible for accredi- rectly or through donations from public or ‘‘TITLE VIII—NURSING WORKFORCE tation by such a recognized body or bodies or private entities and may be in cash or in- DEVELOPMENT’’; State agency, shall be deemed accredited for kind, fairly evaluated, including plant, (2) in subpart II of part B, by striking the purposes of this title if the Secretary of Edu- equipment, or services. subpart heading and inserting the following: cation finds, after consultation with the ap- ‘‘SEC. 805. PREFERENCE. propriate accreditation body or bodies, that ‘‘PART E—STUDENT LOANS’’; ‘‘In awarding grants or contracts under there is reasonable assurance that the pro- this title, the Secretary shall give preference (3) by striking section 837; gram will meet the accreditation standards to applicants with projects that will substan- (4) by inserting after the title heading the of such body or bodies prior to the beginning tially benefit rural or underserved popu- following new parts: of the academic year following the normal lations, or help meet public health nursing ‘‘PART A—GENERAL PROVISIONS graduation date of students of the first en- needs in State or local health departments. tering class in such a program. ‘‘SEC. 801. DEFINITIONS. ‘‘SEC. 806. GENERALLY APPLICABLE PROVISIONS. ‘‘(7) NONPROFIT.—The term ‘nonprofit’ as ‘‘As used in this title: ‘‘(a) AWARDING OF GRANTS AND CON- applied to any school, agency, organization, ‘‘(1) ELIGIBLE ENTITIES.—The term ‘eligible TRACTS.—The Secretary shall ensure that or institution means one which is a corpora- entities’ means schools of nursing, nursing grants and contracts under this title are tion or association, or is owned and operated centers, academic health centers, State or awarded on a competitive basis, as appro- by one or more corporations or associations, local governments, and other public or pri- priate, to carry out innovative demonstra- no part of the net earnings of which inures, vate nonprofit entities determined appro- tion projects or provide for strategic work- or may lawfully inure, to the benefit of any priate by the Secretary that submit to the force supplementation activities as needed private shareholder or individual. Secretary an application in accordance with to meet national nursing service goals and in ‘‘(8) STATE.—The term ‘State’ means a section 802. accordance with this title. Contracts may be State, the Commonwealth of Puerto Rico, ‘‘(2) SCHOOL OF NURSING.—The term ‘school entered into under this title with public or the District of Columbia, the Commonwealth of nursing’ means a collegiate, associate de- private entities as determined necessary by of the Northern Mariana Islands, Guam, gree, or diploma school of nursing in a State. the Secretary. American Samoa, the Virgin Islands, or the ‘‘(3) COLLEGIATE SCHOOL OF NURSING.—The ‘‘(b) INFORMATION REQUIREMENTS.— Trust Territory of the Pacific Islands. term ‘collegiate school of nursing’ means a ‘‘(1) IN GENERAL.—Recipients of grants and department, division, or other administra- ‘‘SEC. 802. APPLICATION. contracts under this title shall meet infor- tive unit in a college or university which ‘‘(a) IN GENERAL.—To be eligible to receive mation requirements as specified by the Sec- provides primarily or exclusively a program a grant or contract under this title, an eligi- retary. of education in professional nursing and re- ble entity shall prepare and submit to the ‘‘(2) EVALUATIONS.—The Secretary shall es- lated subjects leading to the degree of bach- Secretary an application that meets the re- tablish procedures to ensure the annual eval- elor of arts, bachelor of science, bachelor of quirements of this section, at such time, in uation of programs and projects operated by nursing, or to an equivalent degree, or to a such manner, and containing such informa- recipients of grants under this title. Such graduate degree in nursing, or to an equiva- tion as the Secretary may require. procedures shall ensure that continued fund- lent degree, and including advanced training ‘‘(b) PLAN.—An application submitted ing for such programs and projects will be related to such program of education pro- under this section shall contain the plan of conditioned upon a demonstration that satis- vided by such school, but only if such pro- the applicant for carrying out a project with factory progress has been made by the program, or such unit, college or university is amounts received under this title. Such plan gram or project in meeting the objectives of accredited. shall be consistent with relevant Federal, the program or project. ‘‘(4) ASSOCIATE DEGREE SCHOOL OF NURS- State, or regional program plans. ‘‘(c) TRAINING PROGRAMS.—Training pro- ING.—The term ‘associate degree school of ‘‘(c) PERFORMANCE OUTCOME STANDARDS.— grams conducted with amounts received nursing’ means a department, division, or An application submitted under this section under this title shall meet applicable accred- other administrative unit in a junior college, shall contain a specification by the applicant itation and quality standards. community college, college, or university entity of performance outcome standards ‘‘(d) DURATION OF ASSISTANCE.— which provides primarily or exclusively a that the project to be funded under the grant ‘‘(1) IN GENERAL.—Subject to paragraph (2), two-year program of education in profes- or contract will be measured against. Such in the case of an award to an entity of a sional nursing and allied subjects leading to standards shall address relevant national grant, cooperative agreement, or contract an associate degree in nursing or to an nursing needs that the project will meet. The under this title, the period during which pay- equivalent degree, but only if such program, recipient of a grant or contract under this ments are made to the entity under the or such unit, college, or university is accred- section shall meet the standards set forth in award may not exceed 5 years. The provision ited. the grant or contract application. of payments under the award shall be subject ‘‘(5) DIPLOMA SCHOOL OF NURSING.—The ‘‘(d) LINKAGES.—An application submitted to annual approval by the Secretary of the term ‘diploma school of nursing’ means a under this section shall contain a description payments and subject to the availability of school affiliated with a hospital or univer- of the linkages with relevant educational appropriations for the fiscal year involved to sity, or an independent school, which pro- and health care entities, including training make the payments. This paragraph may not vides primarily or exclusively a program of programs for other health professionals as be construed as limiting the number of education in professional nursing and allied appropriate, that the project to be funded awards under the program involved that may subjects leading to a diploma or to equiva- under the grant or contract will establish. be made to the entity. lent indicia that such program has been sat- ‘‘SEC. 803. USE OF FUNDS. ‘‘(2) LIMITATION.—In the case of an award isfactorily completed, but only if such pro- ‘‘(a) IN GENERAL.—Amounts provided under to an entity of a grant, cooperative agree- gram, or such affiliated school or such hos- a grant or contract awarded under this title ment, or contract under this title, paragraph pital or university or such independent may be used for training program develop- (1) shall apply only to the extent not incon- school is accredited. ment and support, faculty development, sistent with any other provision of this title ‘‘(6) ACCREDITED.— model demonstrations, trainee support in- that relates to the period during which pay- ‘‘(A) IN GENERAL.—Except as provided in cluding tuition, books, program fees and rea- ments may be made under the award. subparagraph (B), the term ‘accredited’ when sonable living expenses during the period of ‘‘(e) PEER REVIEW REGARDING CERTAIN PRO- applied to any program of nurse education training, technical assistance, workforce GRAMS.— means a program accredited by a recognized analysis, and dissemination of information, ‘‘(1) IN GENERAL.—Each application for a body or bodies, or by a State agency, ap- as appropriate to meet recognized nursing grant under this title, except advanced nurse proved for such purpose by the Secretary of objectives, in accordance with this title. traineeship grants under section 811(a)(2), Education and when applied to a hospital, ‘‘(b) MAINTENANCE OF EFFORT.—With re- shall be submitted to a peer review group for school, college, or university (or a unit spect to activities for which a grant awarded an evaluation of the merits of the proposals thereof) means a hospital, school, college, or under this title is to be expended, the entity made in the application. The Secretary may

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not approve such an application unless a tioner and nurse midwifery programs eligible ‘‘(1) IN GENERAL.—Recipients of awards peer review group has recommended the ap- for support under this section are edu- under this section may be required, where re- plication for approval. cational programs for registered nurses (irre- quested, to report to the Secretary con- ‘‘(2) COMPOSITION.—Each peer review group spective of the type of school of nursing in cerning the annual admission, retention, and under this subsection shall be composed which the nurses received their training) graduation rates for individuals from dis- principally of individuals who are not offi- that— advantaged backgrounds and ethnic and ra- cers or employees of the Federal Govern- ‘‘(1) meet guidelines prescribed by the Sec- cial minorities in the school or schools in- ment. In providing for the establishment of retary; and volved in the projects. peer review groups and procedures, the Sec- ‘‘(2) have as their objective the education ‘‘(2) FALLING RATES.—If any of the rates re- retary shall, except as otherwise provided, of nurses who will upon completion of their ported under paragraph (1) fall below the av- ensure gender, racial, ethnic, and geographic studies in such programs, be qualified to ef- erage of the two previous years, the grant or balance among the membership of such fectively provide primary health care, in- contract recipient shall provide the Sec- groups. cluding primary health care in homes and in retary with plans for immediately improving ‘‘(3) ADMINISTRATION.—This subsection ambulatory care facilities, long-term care such rates. shall be carried out by the Secretary acting facilities, acute care, and other health care ‘‘(3) INELIGIBILITY.—A recipient described through the Administrator of the Health Re- settings. in paragraph (2) shall be ineligible for con- sources and Services Administration. ‘‘(d) AUTHORIZED NURSE ANESTHESIA PRO- tinued funding under this section if the plan ‘‘(f) ANALYTIC ACTIVITIES.—The Secretary GRAMS.—Nurse anesthesia programs eligible of the recipient fails to improve the rates shall ensure that— for support under this section are education within the 1-year period beginning on the ‘‘(1) cross-cutting workforce analytical ac- programs that— date such plan is implemented. tivities are carried out as part of the work- ‘‘(1) provide registered nurses with full- ‘‘PART D—STRENGTHENING CAPACITY force information and analysis activities time anesthetist education; and FOR BASIC NURSE EDUCATION AND under this title; and ‘‘(2) are accredited by the Council on Ac- PRACTICE ‘‘(2) discipline-specific workforce informa- creditation of Nurse Anesthesia Educational ‘‘SEC. 831. BASIC NURSE EDUCATION AND PRAC- tion is developed and analytical activities Programs. TICE GRANTS. are carried out as part of— ‘‘(e) OTHER AUTHORIZED EDUCATIONAL PRO- ‘‘(a) IN GENERAL.—The Secretary may ‘‘(A) the advanced practice nursing activi- GRAMS.—The Secretary shall prescribe guide- award grants to and enter into contracts ties under part B; lines as appropriate for other advanced prac- with eligible entities for projects to ‘‘(B) the workforce diversity activities tice nurse education programs eligible for strengthen capacity for basic nurse edu- under part C; and support under this section. cation and practice. ‘‘(C) basic nursing education and practice ‘‘(f) TRAINEESHIPS.— ‘‘(b) PRIORITY AREAS.—In awarding grants activities under part D. ‘‘(1) IN GENERAL.—The Secretary may not or contracts under this section the Secretary ‘‘(g) STATE AND REGIONAL PRIORITIES.—Ac- award a grant to an applicant under sub- shall give priority to entities that will use tivities under grants or contracts under this section (a) unless the applicant involved amounts provided under such a grant or con- title shall, to extent practicable, be con- agrees that traineeships provided with the tract to enhance the educational mix and sistent with related Federal, State, or re- grant will only pay all or part of the costs utilization of the basic nursing workforce by gional nursing professions program plans and of— strengthening programs that provide basic priorities. ‘‘(A) the tuition, books, and fees of the pro- nurse education, such as through— ‘‘(h) FILING OF APPLICATIONS.— gram of advanced nursing practice with re- ‘‘(1) establishing or expanding nursing ‘‘(1) IN GENERAL.—Applications for grants spect to which the traineeship is provided; practice arrangements in noninstitutional or contracts under this title may be sub- and settings to demonstrate methods to improve mitted by health professions schools, schools ‘‘(B) the reasonable living expenses of the access to primary health care in medically of nursing, academic health centers, State or individual during the period for which the underserved communities; local governments, or other appropriate pub- traineeship is provided. ‘‘(2) providing care for underserved popu- lic or private nonprofit entities as deter- ‘‘(2) DOCTORAL PROGRAMS.—The Secretary lations and other high-risk groups such as mined appropriate by the Secretary in ac- may not obligate more than 10 percent of the the elderly, individuals with HIV-AIDS, sub- cordance with this title. traineeships under subsection (a) for individ- stance abusers, the homeless, and victims of ‘‘(2) FOR PROFIT ENTITIES.—Notwith- uals in doctorate degree programs. domestic violence; standing paragraph (1), a for-profit entity ‘‘(3) SPECIAL CONSIDERATION.—In making ‘‘(3) providing managed care, quality im- may be eligible for a grant or contract under awards of grants and contracts under sub- provement, and other skills needed to prac- this title as determined appropriated by the section (a)(2), the Secretary shall give spe- tice in existing and emerging organized Secretary. cial consideration to an eligible entity that health care systems; ‘‘SEC. 807. TECHNICAL ASSISTANCE. agrees to expend the award to train advanced ‘‘(4) developing cultural competencies ‘‘Funds appropriated under this title may practice nurses who will practice in health among nurses; be used by the Secretary to provide technical professional shortage areas designated under ‘‘(5) expanding the enrollment in bacca- assistance in relation to any of the authori- section 332. laureate nursing programs; ties under this title. ‘‘PART C—INCREASING NURSING ‘‘(6) promoting career mobility for nursing ‘‘PART B—NURSE PRACTITIONERS, NURSE WORKFORCE DIVERSITY personnel in a variety of training settings MIDWIVES, NURSE ANESTHETISTS, AND ‘‘SEC. 821. WORKFORCE DIVERSITY GRANTS. and cross training or specialty training OTHER ADVANCED PRACTICE NURSES among diverse population groups; ‘‘(a) IN GENERAL.—The Secretary may ‘‘SEC. 811. ADVANCED PRACTICE NURSING award grants to and enter into contracts ‘‘(7) providing education in informatics, in- GRANTS. with eligible entities to meet the costs of cluding distance learning methodologies; or ‘‘(a) IN GENERAL.—The Secretary may ‘‘(8) other priority areas as determined by award grants to and enter into contracts special projects to increase nursing education opportunities for individuals who are the Secretary.’’; with eligible entities to meet the costs of— (5) by adding at the end the following: ‘‘(1) projects that support the enhancement from disadvantaged backgrounds (including ‘‘PART F—AUTHORIZATION OF of advanced practice nursing education and racial and ethnic minorities underrep- APPROPRIATIONS practice; and resented among registered nurses) by pro- ‘‘(2) traineeships for individuals in ad- viding student scholarships or stipends, pre- ‘‘SEC. 841. AUTHORIZATION OF APPROPRIATIONS. vanced practice nursing programs. entry preparation, and retention activities. ‘‘There are authorized to be appropriated ‘‘(b) DEFINITION OF ADVANCED PRACTICE ‘‘(b) GUIDANCE.—In carrying out subsection to carry out sections 811, 821, and 831, NURSES.—For purposes of this section, the (a), the Secretary shall take into consider- $65,000,000 for fiscal year 1998, and such sums term ‘advanced practice nurses’ means indi- ation the recommendations of the First, Sec- as may be necessary in each of the fiscal viduals trained in advanced degree programs ond and Third Invitational Congresses for years 1999 through 2002. including individuals in combined R.N./Mas- Minority Nurse Leaders on ‘Caring for the ‘‘PART G—NATIONAL ADVISORY COUNCIL ter’s degree programs, post-nursing master’s Emerging Majority,’ in 1992, 1993 and 1997, ON NURSE EDUCATION AND PRACTICE certificate programs, or, in the case of nurse and consult with nursing associations in- ‘‘SEC. 845. NATIONAL ADVISORY COUNCIL ON midwives, in certificate programs in exist- cluding the American Nurses Association, NURSE EDUCATION AND PRACTICE. ence on the date that is one day prior to the the National League for Nursing, the Amer- ‘‘(a) ESTABLISHMENT.—The Secretary shall date of enactment of this section, to serve as ican Association of Colleges of Nursing, the establish an advisory council to be known as nurse practitioners, clinical nurse special- National Black Nurses Association, the Na- the National Advisory Council on Nurse Edu- ists, nurse midwives, nurse anesthetists, tional Association of Hispanic Nurses, the cation and Practice (in this section referred nurse educators, nurse administrators, or Association of Asian American and Pacific to as the ‘Advisory Council’). public health nurses, or in other nurse spe- Islander Nurses, the Native American Indian ‘‘(b) COMPOSITION.— cialties determined by the Secretary to re- and Alaskan Nurses Association, and the Na- ‘‘(1) IN GENERAL.—The Advisory Council quire advanced education. tional Council of State Boards of Nursing. shall be composed of ‘‘(c) AUTHORIZED NURSE PRACTITIONER AND ‘‘(c) REQUIRED INFORMATION AND CONDI- ‘‘(A) not less than 21, nor more than 23 in- NURSE-MIDWIFERY PROGRAMS.—Nurse practi- TIONS FOR AWARD RECIPIENTS.— dividuals, who are not officers or employees

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1943 of the Federal Government, appointed by the dressed at the meeting. Not later than 30 SEC. 132. LOANS FOR DISADVANTAGED STU- Secretary without regard to the Federal civil days after the adjourning of such a meeting, DENTS. service laws, of which— the Advisory Council shall prepare and make (a) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) 2 shall be selected from full-time stu- available a summary of the meeting and any Section 724(f)(1) of the Public Health Service dents enrolled in schools of nursing; actions taken by the Council based upon the Act (42 U.S.C. 292t(f)(1)) is amended by strik- ‘‘(ii) 2 shall be selected from the general meeting. ing ‘‘$15,000,000 for fiscal year 1993’’ and in- public; ‘‘(f) COMPENSATION AND EXPENSES.— serting ‘‘$8,000,000 for each of the fiscal years 1998 through 2002’’. ‘‘(iii) 2 shall be selected from practicing ‘‘(1) COMPENSATION.—Each member of the (b) REPEAL.—Effective October 1, 2002, professional nurses; and Advisory Council shall be compensated at a paragraph (1) of section 724(f) of the Public ‘‘(iv) 9 shall be selected from among the rate equal to the daily equivalent of the an- Health Service Act (42 U.S.C. 292t(f)(1)) is re- leading authorities in the various fields of nual rate of basic pay prescribed for level IV pealed. nursing, higher, and secondary education, of the Executive Schedule under section 5315 SEC. 133. STUDENT LOANS REGARDING SCHOOLS and from representatives of advanced prac- of title 5, United States Code, for each day tice nursing groups (such as nurse practi- OF NURSING. (including travel time) during which such (a) IN GENERAL.—Section 836(b) of the Pub- tioners, nurse midwives, and nurse anes- member is engaged in the performance of the lic Health Service Act (42 U.S.C. 297b(b)) is thetists), hospitals, and other institutions duties of the Council. All members of the amended— and organizations which provide nursing Council who are officers or employees of the (1) in paragraph (1), by striking the period services; and United States shall serve without compensa- at the end and inserting a semicolon; ‘‘(B) the Secretary (or the delegate of the tion in addition to that received for their (2) in paragraph (2)— Secretary (who shall be an ex officio member services as officers or employees of the (A) in subparagraph (A), by striking ‘‘and’’ and shall serve as the Chairperson)). United States. at the end; and ‘‘(2) APPOINTMENT.—Not later than 90 days ‘‘(2) EXPENSES.—The members of the Advi- (B) by inserting before the semicolon at after the date of enactment of this Act, the sory Council shall be allowed travel ex- the end the following: ‘‘, and (C) such addi- Secretary shall appoint the members of the penses, including per diem in lieu of subsist- tional periods under the terms of paragraph Advisory Council and each such member ence, at rates authorized for employees of (8) of this subsection’’; shall serve a 4 year term. In making such ap- agencies under subchapter I of chapter 57 of (3) in paragraph (7), by striking the period pointments, the Secretary shall ensure a fair title 5, United States Code, while away from at the end and inserting ‘‘; and’’; and balance between the nursing professions, a their homes or regular places of business in (4) by adding at the end the following para- broad geographic representation of members the performance of services for the Council. graph: and a balance between urban and rural mem- ‘‘(g) FUNDING.—Amounts appropriated ‘‘(8) pursuant to uniform criteria estab- bers. Members shall be appointed based on under this title may be utilized by the Sec- lished by the Secretary, the repayment pe- their competence, interest, and knowledge of retary to support the nurse education and riod established under paragraph (2) for any the mission of the profession involved. A ma- practice activities of the Council. student borrower who during the repayment jority of the members shall be nurses. ‘‘(h) FACA.—The Federal Advisory Com- period failed to make consecutive payments ‘‘(3) MINORITY REPRESENTATION.—In ap- mittee Act shall apply to the Advisory Com- and who, during the last 12 months of the re- pointing the members of the Advisory Coun- mittee under this section only to the extent payment period, has made at least 12 con- cil under paragraph (1), the Secretary shall that the provisions of such Act do not consecutive payments may be extended for a pe- ensure the adequate representation of mi- flict with the requirements of this section.’’; riod not to exceed 10 years.’’. norities. and (b) MINIMUM MONTHLY PAYMENTS.—Section ‘‘(c) VACANCIES.— (6) by redesignating section 855 as section 836(g) of the Public Health Service Act (42 ‘‘(1) IN GENERAL.—A vacancy on the Advi- 810, and transferring such section so as to ap- U.S.C. 297b(g)) is amended by striking ‘‘$15’’ sory Council shall be filled in the manner in and inserting ‘‘$40’’. which the original appointment was made pear after section 809 (as added by the amendment made by paragraph (5)). (c) ELIMINATION OF STATUTE OF LIMITATION and shall be subject to any conditions which FOR LOAN COLLECTIONS.— SEC. 124. SAVINGS PROVISION. applied with respect to the original appoint- (1) IN GENERAL.—Section 836 of the Public ment. In the case of any authority for making Health Service Act (42 U.S.C. 297b) is amend- ‘‘(2) FILLING UNEXPIRED TERM.—An indi- awards of grants or contracts that is termi- ed by adding at the end the following new vidual chosen to fill a vacancy shall be ap- nated by the amendment made by section subsection: pointed for the unexpired term of the mem- 123, the Secretary of Health and Human ‘‘(l) ELIMINATION OF STATUTE OF LIMITATION ber replaced. Services may, notwithstanding the termi- FOR LOAN COLLECTIONS.— ‘‘(d) DUTIES.—The Advisory Council shall— nation of the authority, continue in effect ‘‘(1) PURPOSE.—It is the purpose of this ‘‘(1) provide advice and recommendations any grant or contract made under the au- subsection to ensure that obligations to to the Secretary and Congress concerning thority that is in effect on the day before the repay loans under this section are enforced policy matters arising in the administration date of the enactment of this Act, subject to without regard to any Federal or State stat- of this title, including the range of issues re- the duration of any such grant or contract utory, regulatory, or administrative limita- lating to the nurse workforce, education, and not exceeding the period determined by the tion on the period within which debts may be practice improvement; Secretary in first approving such financial enforced. ‘‘(2) provide advice to the Secretary and assistance, or in approving the most recent ‘‘(2) PROHIBITION.—Notwithstanding any Congress in the preparation of general regu- request made (before the date of such enact- other provision of Federal or State law, no lations and with respect to policy matters ment) for continuation of such assistance, as limitation shall terminate the period within arising in the administration of this title, in- the case may be. which suit may be filed, a judgment may be cluding the range of issues relating to nurse Subtitle C—Financial Assistance enforced, or an offset, garnishment, or other supply, education and practice improvement; CHAPTER 1—SCHOOL-BASED REVOLVING action may be initiated or taken by a school and LOAN FUNDS of nursing that has an agreement with the ‘‘(3) not later than 3 years after the date of Secretary pursuant to section 835 that is enactment of this section, and annually SEC. 131. PRIMARY CARE LOAN PROGRAM. seeking the repayment of the amount due thereafter, prepare and submit to the Sec- (a) REQUIREMENT FOR SCHOOLS.—Section from a borrower on a loan made under this retary, the Committee on Labor and Human 723(b)(1) of the Public Health Service Act (42 subpart after the default of the borrower on Resources of the Senate, and the Committee U.S.C. 292s(b)(1)), as amended by section such loan.’’. on Commerce of the House of Representa- 2014(c)(2)(A)(ii) of Public Law 103–43 (107 (2) EFFECTIVE DATE.—The amendment tives, a report describing the activities of Stat. 216), is amended by striking ‘‘3 years made by paragraph (1) shall be effective with the Council, including findings and rec- before’’ and inserting ‘‘4 years before’’. respect to actions pending on or after the ommendations made by the Council con- (b) NONCOMPLIANCE.—Section 723(a)(3) of date of enactment of this Act. cerning the activities under this title. the Public Health Service Act (42 U.S.C. (d) BREACH OF AGREEMENTS.—Section 338D ‘‘(e) MEETINGS AND DOCUMENTS.— 292s(a)(3)) is amended to read as follows: of the Public Health Service Act is amended ‘‘(1) MEETINGS.—The Advisory Council ‘‘(3) NONCOMPLIANCE BY STUDENT.—Each by adding at the end thereof the following shall meet not less than 2 times each year. agreement entered into with a student pur- new subsection: Such meetings shall be held jointly with suant to paragraph (1) shall provide that, if ‘‘(g) BREACH OF AGREEMENT.— other related entities established under this the student fails to comply with such agree- ‘‘(1) IN GENERAL.—In the case of any pro- title where appropriate. ment, the loan involved will begin to accrue gram under this section under which an indi- ‘‘(2) DOCUMENTS.—Not later than 14 days interest at a rate of 18 percent per year be- vidual makes an agreement to provide health prior to the convening of a meeting under ginning on the date of such noncompliance.’’. services for a period of time in accordance paragraph (1), the Advisory Council shall (c) REPORT REQUIREMENT.—Section 723 of with such program in consideration of re- prepare and make available an agenda of the the Public Health Service Act (42 U.S.C. 292s) ceiving an award of Federal funds regarding matters to be considered by the Advisory is amended— education as a nurse (including an award for Council at such meeting. At any such meet- (1) by striking subsection (c); and the repayment of loans), the following ap- ing, the Advisory Council shall distribute (2) by redesignating subsection (d) as sub- plies if the agreement provides that this sub- materials with respect to the issues to be ad- section (c). section is applicable:

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1944 CONGRESSIONAL RECORD — SENATE March 13, 1998 ‘‘(A) In the case of a program under this ‘‘the sum of’’ and all that follows through (x)’’ and inserting ‘‘(x) not in excess of three section that makes an award of Federal the end thereof and inserting ‘‘the cost of at- years, during which the borrower is pro- funds for attending an accredited program of tendance (including tuition, other reason- viding health care services to Indians nursing (in this section referred to as a able educational expenses, and reasonable through an Indian health program (as de- ‘nursing program’), the individual is liable to living costs) for that year at the educational fined in section 108(a)(2)(A) of the Indian the Federal Government for the amount of institution attended by the student (as de- Health Care Improvement Act (25 U.S.C. such award (including amounts provided for termined by such educational institution).’’. 1616a(a)(2)(A)); and (xi)’’. expenses related to such attendance), and for (2) THIRD AND FOURTH YEARS.—Section (2) CONFORMING AMENDMENTS.—Section interest on such amount at the maximum 722(a)(2) of the Public Health Service Act (42 705(a)(2)(C) of the Public Health Service Act legal prevailing rate, if the individual— U.S.C. 292r(a)(2)), as amended by section (42 U.S.C. 292d(a)(2)(C)) is further amended— ‘‘(i) fails to maintain an acceptable level of 2014(b)(1) of Public Law 103–43, is amended by (A) in clause (xi) (as so redesignated) by academic standing in the nursing program striking ‘‘the amount $2,500’’ and all that fol- striking ‘‘(ix)’’ and inserting ‘‘(x)’’; and (as indicated by the program in accordance lows through ‘‘including such $2,500’’ and in- (B) in the matter following such clause with requirements established by the Sec- serting ‘‘the amount of the loan may, in the (xi), by striking ‘‘(x)’’ and inserting ‘‘(xi)’’. retary); case of the third or fourth year of a student (3) EFFECTIVE DATE.—The amendments ‘‘(ii) is dismissed from the nursing program at a school of medicine or osteopathic medi- made by this subsection shall apply with re- for disciplinary reasons; or cine, be increased to the extent necessary’’. spect to services provided on or after the ‘‘(iii) voluntarily terminates the nursing (3) REPAYMENT PERIOD.—Section 722(c) of first day of the third month that begins after program. the Public Health Service Act (42 U.S.C. the date of the enactment of this Act. ‘‘(B) The individual is liable to the Federal 292r(c)), as amended by section 2014(b)(1) of (b) REPORT REQUIREMENT.—Section 709(b) Government for the amount of such award Public Law 103–43, is amended— of the Public Health Service Act (42 U.S.C. (including amounts provided for expenses re- (A) in the subsection heading by striking 292h(b)) is amended— lated to such attendance), and for interest on ‘‘TEN-YEAR’’ and inserting ‘‘REPAYMENT’’; (1) in paragraph (4)(B), by adding ‘‘and’’ such amount at the maximum legal pre- (B) by striking ‘‘ten-year period which be- after the semicolon; vailing rate, if the individual fails to provide gins’’ and inserting ‘‘period of not less than (2) in paragraph (5), by striking ‘‘; and’’ and health services in accordance with the pro- 10 years nor more than 25 years, at the dis- inserting a period; and gram under this section for the period of cretion of the institution, which begins’’; (3) by striking paragraph (6). time applicable under the program. and (c) COLLECTION FROM ESTATES.—Section 714 ‘‘(2) WAIVER OR SUSPENSION OF LIABILITY.— (C) by striking ‘‘such ten-year period’’ and of the Public Health Service Act (42 U.S.C. In the case of an individual or health facility inserting ‘‘such period’’. 292m) is amended by adding at the end the following new sentence: ‘‘Notwithstanding making an agreement for purposes of para- (4) MINIMUM PAYMENTS.—Section 722(j) of graph (1), the Secretary shall provide for the the Public Health Service Act (42 U.S.C. the first sentence, the Secretary may, in the case of a borrower who dies, collect any re- waiver or suspension of liability under such 292r(j)), as amended by section 2014(b)(1) of maining unpaid balance owed to the lender, subsection if compliance by the individual or Public Law 103–43, is amended by striking the holder of the loan, or the Federal Gov- the health facility, as the case may be, with ‘‘$15’’ and inserting $40’’. ernment from the borrower’s estate.’’. the agreements involved is impossible, or (b) ELIMINATION OF STATUTE OF LIMITATION (d) PROGRAM ELIGIBILITY.— would involve extreme hardship to the indi- FOR LOAN COLLECTIONS.— (1) LIMITATIONS ON LOANS.—Section 703(a) vidual or facility, and if enforcement of the (1) IN GENERAL.—Section 722 of the Public of the Public Health Service Act (42 U.S.C. agreements with respect to the individual or Health Service Act (42 U.S.C. 292r), as 292b(a)) is amended by striking ‘‘or clinical facility would be unconscionable. amended by section 2014(b)(1) of Public Law psychology’’ and inserting ‘‘or behavioral ‘‘(3) DATE CERTAIN FOR RECOVERY.—Subject 103–43, is amended by adding at the end the and mental health practice, including clin- to paragraph (2), any amount that the Fed- following new subsection: ical psychology’’. eral Government is entitled to recover under ‘‘(m) ELIMINATION OF STATUTE OF LIMITA- (2) DEFINITION OF ELIGIBLE INSTITUTION.— TION FOR LOAN COLLECTIONS.— paragraph (1) shall be paid to the United Section 719(1) of the Public Health Service ‘‘(1) PURPOSE.—It is the purpose of this States not later than the expiration of the 3- Act (42 U.S.C. 292o(1)) is amended by striking subsection to ensure that obligations to year period beginning on the date the United ‘‘or clinical psychology’’ and inserting ‘‘or repay loans under this section are enforced States becomes so entitled. behavioral and mental health practice, in- without regard to any Federal or State stat- ‘‘(4) AVAILABILITY.—Amounts recovered cluding clinical psychology’’. under paragraph (1) with respect to a pro- utory, regulatory, or administrative limitation on the period within which debts may be SEC. 142. HEAL LENDER AND HOLDER PERFORM- gram under this section shall be available for ANCE STANDARDS. enforced. the purposes of such program, and shall re- (a) GENERAL AMENDMENTS.—Section 707(a) main available for such purposes until ex- ‘‘(2) PROHIBITION.—Notwithstanding any of the Public Health Service Act (42 U.S.C. pended.’’. other provision of Federal or State law, no 292f) is amended— (e) TECHNICAL AMENDMENTS.—Section 839 of limitation shall terminate the period within (1) by striking the last sentence; the Public Health Service Act (42 U.S.C. 297e) which suit may be filed, a judgment may be (2) by striking ‘‘determined.’’ and inserting is amended— enforced, or an offset, garnishment, or other ‘‘determined, except that, if the insurance (1) in subsection (a)— action may be initiated or taken by a school beneficiary including any servicer of the (A) by striking the matter preceding para- that has an agreement with the Secretary loan is not designated for ‘exceptional per- graph (1) and inserting the following: pursuant to section 721 that is seeking the formance’, as set forth in paragraph (2), the ‘‘(a) If a school terminates a loan fund es- repayment of the amount due from a bor- Secretary shall pay to the beneficiary a sum tablished under an agreement pursuant to rower on a loan made under this subpart equal to 98 percent of the amount of the loss section 835(b), or if the Secretary for good after the default of the borrower on such sustained by the insured upon that loan.’’; cause terminates the agreement with the loan.’’. (3) by striking ‘‘Upon’’ and inserting: school, there shall be a capital distribution (2) EFFECTIVE DATE.—The amendment ‘‘(1) IN GENERAL.—Upon’’; and as follows:’’; and made by paragraph (1) shall be effective with (4) by adding at the end the following new (B) in paragraph (1), by striking ‘‘at the respect to actions pending on or after the paragraph: close of September 30, 1999,’’ and inserting date of enactment of this Act. ‘‘(2) EXCEPTIONAL PERFORMANCE.— (c) DATE CERTAIN FOR CONTRIBUTIONS.— ‘‘on the date of termination of the fund’’; ‘‘(A) AUTHORITY.—Where the Secretary de- and Paragraph (2) of section 735(e) of the Public termines that an eligible lender, holder, or (2) in subsection (b), to read as follows: Health Service Act (42 U.S.C. 292y(e)(2)) is servicer has a compliance performance rat- ‘‘(b) If a capital distribution is made under amended to read as follows: ing that equals or exceeds 97 percent, the subsection (a), the school involved shall, ‘‘(2) DATE CERTAIN FOR CONTRIBUTIONS.— Secretary shall designate that eligible lend- after such capital distribution, pay to the Amounts described in paragraph (1) that are er, holder, or servicer, as the case may be, Secretary, not less often than quarterly, the returned to the Secretary shall be obligated for exceptional performance. before the end of the succeeding fiscal same proportionate share of amounts re- ‘‘(B) COMPLIANCE PERFORMANCE RATING.— ceived by the school in payment of principal year.’’. For purposes of subparagraph (A), a compli- or interest on loans made from the loan fund CHAPTER 2—INSURED HEALTH EDU- ance performance rating is determined with established under section 835(b) as deter- CATION ASSISTANCE LOANS TO GRAD- respect to compliance with due diligence in mined by the Secretary under subsection UATE STUDENTS the disbursement, servicing, and collection (a).’’. SEC. 141. HEALTH EDUCATION ASSISTANCE LOAN of loans under this subpart for each year for SEC. 134. GENERAL PROVISIONS. PROGRAM. which the determination is made. Such rat- (a) MAXIMUM STUDENT LOAN PROVISIONS (a) HEALTH EDUCATION ASSISTANCE LOAN ing shall be equal to the percentage of all AND MINIMUM PAYMENTS.— DEFERMENT FOR BORROWERS PROVIDING due diligence requirements applicable to (1) IN GENERAL.—Section 722(a)(1) of the HEALTH SERVICES TO INDIANS.— each loan, on average, as established by the Public Health Service Act (42 U.S.C. (1) IN GENERAL.—Section 705(a)(2)(C) of the Secretary, with respect to loans serviced 292r(a)(1)), as amended by section 2014(b)(1) of Public Health Service Act (42 U.S.C. during the period by the eligible lender, Public Law 103–43, is amended by striking 292d(a)(2)(C)) is amended by striking ‘‘and holder, or servicer.

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‘‘(C) ANNUAL AUDITS FOR LENDERS, HOLD- that fails to service loans or otherwise com- TITLE II—OFFICE OF MINORITY HEALTH ERS, AND SERVICERS.—Each eligible lender, ply with applicable program regulations SEC. 201. REVISION AND EXTENSION OF PRO- holder, or servicer desiring a designation shall be considered in violation of the Fed- GRAMS OF OFFICE OF MINORITY under subparagraph (A) shall have an annual eral False Claims Act.’’. HEALTH. financial and compliance audit conducted (b) DEFINITION.—Section 707(e) of the Pub- (a) DUTIES AND REQUIREMENTS.—Section with respect to the loan portfolio of such eli- lic Health Service Act (42 U.S.C. 292f(e)) is 1707 of the Public Health Service Act (42 gible lender, holder, or servicer, by a quali- amended by adding at the end the following U.S.C. 300u–6) is amended by striking sub- fied independent organization from a list of new paragraph: section (b) and all that follows and inserting qualified organizations identified by the Sec- ‘‘(4) The term ‘servicer’ means any agency the following: retary and in accordance with standards es- acting on behalf of the insurance bene- ‘‘(b) DUTIES.—With respect to improving tablished by the Secretary. The standards ficiary.’’. the health of racial and ethnic minority groups, the Secretary, acting through the shall measure the lender’s, holder’s, or (c) EFFECTIVE DATE.—The amendments Deputy Assistant Secretary for Minority servicer’s compliance with due diligence made by subsections (a) and (b) shall apply Health (in this section referred to as the standards and shall include a defined statis- with respect to loans submitted to the Sec- ‘Deputy Assistant Secretary’), shall carry tical sampling technique designed to meas- retary for payment on or after the first day out the following: ure the performance rating of the eligible of the sixth month that begins after the date ‘‘(1) Establish short-range and long-range lender, holder, or servicer for the purpose of of enactment of this Act. this section. Each eligible lender, holder, or goals and objectives and coordinate all other servicer shall submit the audit required by SEC. 143. REAUTHORIZATION. activities within the Public Health Service this section to the Secretary. (a) LOAN PROGRAM.—Section 702(a) of the that relate to disease prevention, health pro- ‘‘(D) SECRETARY’S DETERMINATIONS.—The Public Health Service Act (42 U.S.C. 292a(a)) motion, service delivery, and research con- Secretary shall make the determination is amended— cerning such individuals. The heads of each under subparagraph (A) based upon the au- (1) by striking ‘‘$350,000,000’’ and all that of the agencies of the Service shall consult dits submitted under this paragraph and any follows through ‘‘1995’’ and inserting with the Deputy Assistant Secretary to en- information in the possession of the Sec- ‘‘$350,000,000 for fiscal year 1998, $375,000,000 sure the coordination of such activities. retary or submitted by any other agency or for fiscal year 1999, and $425,000,000 for each ‘‘(2) Enter into interagency agreements office of the Federal Government. of the fiscal years 2000 through 2002’’; with other agencies of the Public Health ‘‘(E) QUARTERLY COMPLIANCE AUDIT.—To (2) by striking ‘‘obtained prior loans in- Service. maintain its status as an exceptional per- sured under this subpart’’ and inserting ‘‘ob- ‘‘(3) Support research, demonstrations and former, the lender, holder, or servicer shall tained loans insured under this subpart in evaluations to test new and innovative mod- undergo a quarterly compliance audit at the fiscal year 2002 or in prior fiscal years’’; els. end of each quarter (other than the quarter (3) by adding at the end thereof the fol- ‘‘(4) Increase knowledge and understanding in which status as an exceptional performer lowing new sentence: ‘‘The Secretary may of health risk factors. is established through a financial and com- establish guidelines and procedures that ‘‘(5) Develop mechanisms that support bet- pliance audit, as described in subparagraph lenders must follow in distributing funds ter information dissemination, education, (C)), and submit the results of such audit to under this subpart.’’; and prevention, and service delivery to individ- the Secretary. The compliance audit shall (4) by striking ‘‘September 30, 1998’’ and in- uals from disadvantaged backgrounds, in- review compliance with due diligence re- serting ‘‘September 30, 2005’’. cluding individuals who are members of ra- quirements for the period beginning on the (b) INSURANCE PROGRAM.—Section cial or ethnic minority groups. day after the ending date of the previous 710(a)(2)(B) of the Public Health Service Act ‘‘(6) Ensure that the National Center for audit, in accordance with standards deter- (42 U.S.C. 292i(a)(2)(B)) is amended by strik- Health Statistics collects data on the health mined by the Secretary. ing ‘‘any of the fiscal years 1993 through status of each minority group. ‘‘(F) REVOCATION AUTHORITY.—The Sec- 1996’’ and inserting ‘‘fiscal year 1993 and sub- ‘‘(7) With respect to individuals who lack retary shall revoke the designation of a lend- sequent fiscal years’’. proficiency in speaking the English lan- er, holder, or servicer under subparagraph SEC. 144. HEAL BANKRUPTCY. guage, enter into contracts with public and (A) if any quarterly audit required under nonprofit private providers of primary (a) IN GENERAL.—Section 707(g) of the Pub- health services for the purpose of increasing subparagraph (E) is not received by the Sec- lic Health Service Act (42 U.S.C. 292f(g)) is the access of the individuals to such services retary by the date established by the Sec- amended in the first sentence by striking ‘‘A retary or if the audit indicates the lender, by developing and carrying out programs to debt which is a loan insured’’ and inserting holder, or servicer has failed to meet the provide bilingual or interpretive services. ‘‘Notwithstanding any other provision of standards for designation as an exceptional ‘‘(8) Support a national minority health re- Federal or State law, a debt that is a loan in- performer under subparagraph (A). A lender, source center to carry out the following: sured’’. holder, or servicer receiving a compliance ‘‘(A) Facilitate the exchange of informa- (b) APPLICATION.—The amendment made by audit not meeting the standard for designation regarding matters relating to health in- subsection (a) shall apply to any loan in- tion as an exceptional performer may re- formation and health promotion, preventive sured under the authority of subpart I of apply for designation under subparagraph (A) health services, and education in the appro- part A of title VII of the Public Health Serv- at any time. priate use of health care. ice Act (42 U.S.C. 292 et seq.) that is listed or ‘‘(G) DOCUMENTATION.—Nothing in this sec- ‘‘(B) Facilitate access to such information. scheduled by the debtor in a case under title tion shall restrict or limit the authority of ‘‘(C) Assist in the analysis of issues and XI, United States Code, filed— the Secretary to require the submission of problems relating to such matters. (1) on or after the date of enactment of this claims documentation evidencing servicing ‘‘(D) Provide technical assistance with re- Act; or performed on loans, except that the Sec- spect to the exchange of such information (2) prior to such date of enactment in retary may not require exceptional per- (including facilitating the development of which a discharge has not been granted. formers to submit greater documentation materials for such technical assistance). than that required for lenders, holders, and SEC. 145. HEAL REFINANCING. ‘‘(9) Carry out programs to improve access servicers not designated under subparagraph Section 706 of the Public Health Service to health care services for individuals with (A). Act (42 U.S.C. 292e) is amended— limited proficiency in speaking the English ‘‘(H) COST OF AUDITS.—Each eligible lender, (1) in subsection (d)— language. Activities under the preceding sen- holder, or servicer shall pay for all the costs (A) in the subsection heading, by striking tence shall include developing and evalu- associated with the audits required under ‘‘CONSOLIDATION’’ and inserting ‘‘REFI- ating model projects. this section. NANCING OR CONSOLIDATION’’; and ‘‘(c) ADVISORY COMMITTEE.— ‘‘(I) ADDITIONAL REVOCATION AUTHORITY.— (B) in the first sentence, by striking ‘‘in- ‘‘(1) IN GENERAL.—The Secretary shall es- Notwithstanding any other provision of this debtedness’’ and inserting ‘‘indebtedness or tablish an advisory committee to be known section, a designation under subparagraph the refinancing of a single loan’’; and as the Advisory Committee on Minority (A) may be revoked at any time by the Sec- (2) in subsection (e)— Health (in this subsection referred to as the retary if the Secretary determines that the (A) in the subsection heading, by striking ‘Committee’). eligible lender, holder, or servicer has failed ‘‘DEBTS’’ and inserting ‘‘DEBTS AND REFI- ‘‘(2) DUTIES.—The Committee shall provide to maintain an overall level of compliance NANCING’’; advice to the Deputy Assistant Secretary consistent with the audit submitted by the (B) in the first sentence, by striking ‘‘all of carrying out this section, including advice eligible lender, holder, or servicer under this the borrower’s debts into a single instru- on the development of goals and specific pro- paragraph or if the Secretary asserts that ment’’ and inserting ‘‘all of the borrower’s gram activities under paragraphs (1) through the lender, holder, or servicer may have en- loans insured under this subpart into a sin- (9) of subsection (b) for each racial and eth- gaged in fraud in securing designation under gle instrument (or, if the borrower obtained nic minority group. subparagraph (A) or is failing to service only 1 loan insured under this subpart, refi- ‘‘(3) CHAIR.—The chairperson of the Com- loans in accordance with program require- nancing the loan 1 time)’’; and mittee shall be selected by the Secretary ments. (C) in the second sentence, by striking from among the members of the voting mem- ‘‘(J) NONCOMPLIANCE.—A lender, holder, or ‘‘consolidation’’ and inserting ‘‘consolidation bers of the Committee. The term of office of servicer designated under subparagraph (A) or refinancing’’. the chairperson shall be 2 years.

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‘‘(4) COMPOSITION.— pate in the activities carried out with such (b) MISCELLANEOUS AMENDMENTS.—Section ‘‘(A) The Committee shall be composed of awards. 1707 of the Public Health Service Act (42 12 voting members appointed in accordance ‘‘(3) CULTURAL COMPETENCY OF SERVICES.— U.S.C. 300u–6) is amended— with subparagraph (B), and nonvoting, ex The Secretary shall ensure that information (1) in the heading for the section by strik- officio members designated in subparagraph and services provided pursuant to subsection ing ‘‘ESTABLISHMENT OF’’; and (C). (b) are provided in the language, edu- (2) in subsection (a), by striking ‘‘Office of ‘‘(B) The voting members of the Com- cational, and cultural context that is most the Assistant Secretary for Health’’ and in- mittee shall be appointed by the Secretary appropriate for the individuals for whom the serting ‘‘Office of Public Health and from among individuals who are not officers information and services are intended. Science’’. or employees of the Federal Government and ‘‘(e) GRANTS AND CONTRACTS REGARDING TITLE III—SELECTED INITIATIVES who have expertise regarding issues of mi- DUTIES.— SEC. 301. STATE OFFICES OF RURAL HEALTH. nority health. The racial and ethnic minor- ‘‘(1) IN GENERAL.—In carrying out sub- ity groups shall be equally represented section (b), the Secretary acting through the (a) IN GENERAL.—Section 338J of the Public among such members. Deputy Assistant Secretary may make Health Service Act (42 U.S.C. 254r) is amend- ‘‘(C) The nonvoting, ex officio members of awards of grants, cooperative agreements, ed— the Committee shall be such officials of the and contracts to public and nonprofit private (1) in subsection (b)(1), in the matter pre- Department of Health and Human Services entities. ceding subparagraph (A), by striking ‘‘in as the Secretary determines to be appro- ‘‘(2) PROCESS FOR MAKING AWARDS.—The cash’’; and priate. Deputy Assistant Secretary shall ensure (2) in subsection (j)(1)— ‘‘(5) TERMS.—Each member of the Com- that awards under paragraph (1) are made (A) by striking ‘‘and’’ after ‘‘1992,’’; and mittee shall serve for a term of 4 years, ex- only on a competitive basis, and that a grant (B) by inserting before the period the fol- cept that the Secretary shall initially ap- is awarded for a proposal only if the proposal lowing: ‘‘, and such sums as may be nec- point a portion of the members to terms of 1 has been recommended for such an award essary for each of the fiscal years 1998 year, 2 years, and 3 years. through a process of peer review. through 2002’’; and ‘‘(6) VACANCIES.—If a vacancy occurs on the ‘‘(3) EVALUATION AND DISSEMINATION.—The (3) in subsection (k), by striking Committee, a new member shall be ap- Deputy Assistant Secretary, directly or ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’. pointed by the Secretary within 90 days from through contracts with public and private (b) REPEAL.—Effective on October 1, 2002, the date that the vacancy occurs, and serve entities, shall provide for evaluations of section 338J of the Public Health Service Act for the remainder of the term for which the projects carried out with awards made under is repealed. predecessor of such member was appointed. paragraph (1) during the preceding 2 fiscal SEC. 302. DEMONSTRATION PROJECTS REGARD- The vacancy shall not affect the power of the years. The report shall be included in the re- ING ALZHEIMER’S DISEASE. remaining members to execute the duties of port required under subsection (f) for the fis- the Committee. (a) IN GENERAL.—Section 398(a) of the Pub- cal year involved. lic Health Service Act (42 U.S.C. 280c–3(a)) is ‘‘(7) COMPENSATION.—Members of the Com- mittee who are officers or employees of the ‘‘(f) REPORTS.— amended— United States shall serve without compensa- ‘‘(1) IN GENERAL.—Not later than February (1) in the matter preceding paragraph (1), tion. Members of the Committee who are not 1 of fiscal year 1999 and of each second year by striking ‘‘not less than 5, and not more officers or employees of the United States thereafter, the Secretary shall submit to the than 15,’’; shall receive compensation, for each day (in- Committee on Energy and Commerce of the (2) in paragraph (2)— cluding travel time) they are engaged in the House of Representatives, and to the Com- (A) by inserting after ‘‘disorders’’ the fol- performance of the functions of the Com- mittee on Labor and Human Resources of the lowing: ‘‘who are living in single family mittee. Such compensation may not be in an Senate, a report describing the activities homes or in congregate settings’’; and amount in excess of the daily equivalent of carried out under this section during the pre- (B) by striking ‘‘and’’ at the end; the annual maximum rate of basic pay pay- ceding 2 fiscal years and evaluating the ex- (3) by redesignating paragraph (3) as para- able under the General Schedule (under title tent to which such activities have been effec- graph (4); and 5, United States Code) for positions above tive in improving the health of racial and (4) by inserting after paragraph (2) the fol- GS–15. ethnic minority groups. Each such report lowing: shall include the biennial reports submitted ‘‘(3) to improve the access of such individ- ‘‘(d) CERTAIN REQUIREMENTS REGARDING under sections 201(e)(3) and 201(f)(2) for such uals to home-based or community-based DUTIES.— years by the heads of the Public Health Serv- long-term care services (subject to the serv- ‘‘(1) RECOMMENDATIONS REGARDING LAN- ice agencies. ices being provided by entities that were pro- GUAGE AS IMPEDIMENT TO HEALTH CARE.—The ‘‘(2) AGENCY REPORTS.—Not later than Feb- viding such services in the State involved as Deputy Assistant Secretary for Minority ruary 1, 1999, and biennially thereafter, the of October 1, 1995), particularly such individ- Health shall consult with the Director of the heads of the Public Health Service agencies uals who are members of racial or ethnic mi- Office of Refugee Health, the Director of the shall submit to the Deputy Assistant Sec- nority groups, who have limited proficiency Office of Civil Rights, and the Directors of retary a report summarizing the minority in speaking the English language, or who other appropriate Departmental entities re- health activities of each of the respective live in rural areas; and’’. garding recommendations for carrying out agencies. (b) DURATION.—Section 398A of the Public activities under subsection (b)(9). Health Service Act (42 U.S.C. 280c–4) is ‘‘(2) EQUITABLE ALLOCATION REGARDING AC- ‘‘(g) DEFINITION.—For purposes of this sec- amended— TIVITIES.— tion: (1) in the heading for the section, by strik- ‘‘(A) IN GENERAL.—In making awards of ‘‘(1) The term ‘racial and ethnic minority ing ‘‘LIMITATION’’ and all that follows and grants, cooperative agreements, or contracts group’ means American Indians (including inserting ‘‘REQUIREMENT OF MATCHING under this section or section 338A, 338C, 340A, Alaska Natives, Eskimos, and Aleuts); Asian FUNDS’’; 404, or 724, or part B of title VII, the Sec- Americans and Pacific Islanders; Blacks; and (2) by striking subsection (a); retary, acting as appropriate through the Hispanics. (3) by redesignating subsections (b) and (c) Deputy Assistant Secretary or the Adminis- ‘‘(2) The term ‘Hispanic’ means individuals as subsections (a) and (b), respectively; trator of the Health Resources and Services whose origin is Mexican, Puerto Rican, (4) in subsection (a) (as so redesignated), in Administration, shall ensure that such Cuban, Central or South American, or any each of paragraphs (1)(C) and (2)(C), by strik- awards are equitably allocated with respect other Spanish-speaking country. ing ‘‘third year’’ and inserting ‘‘third or sub- to the various racial and minority popu- ‘‘(h) FUNDING.— sequent year’’. lations. ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— (c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(B) REQUIREMENTS.—With respect to For the purpose of carrying out this section, grants, cooperative agreements, and con- there are authorized to be appropriated Section 398B(e) of the Public Health Service tracts that are available under the sections $30,000,000 for fiscal year 1998, such sums as Act (42 U.S.C. 280c–5(e)) is amended— specified in subparagraph (A), the Secretary may be necessary for each of the fiscal years (1) by striking ‘‘and such sums’’ and insert- shall— 1999 through 2002. ing ‘‘such sums’’; and (2) by inserting before the period the fol- ‘‘(i) carry out activities to inform entities, ‘‘(2) NATIONAL CENTER FOR HEALTH STATIS- lowing: ‘‘, $8,000,000 for fiscal year 1998, and as appropriate, that the entities may be eli- TICS.—For the purpose of enabling the Na- gible for awards of such assistance; tional Center for Health Statistics to collect such sums as may be necessary for each of ‘‘(ii) provide technical assistance to such data on Hispanics and major Hispanic sub- the fiscal years 1999 through 2002’’. entities in the process of preparing and sub- population groups, American Indians, and to SEC. 303. PROJECT GRANTS FOR IMMUNIZATION mitting applications for the awards in ac- develop special area population studies on SERVICES. cordance with the policies of the Secretary major Asian American and Pacific Islander Section 317(j) of the Public Health Service regarding such application; and populations, there are authorized to be ap- Act (42 U.S.C. 247b(j)) is amended— ‘‘(iii) inform populations, as appropriate, propriated $1,000,000 for fiscal year 1998, such (1) in paragraph (1), by striking ‘‘individ- that members of the populations may be eli- sums as may be necessary for each of the fis- uals against vaccine-preventable diseases’’ gible to receive services or otherwise partici- cal years 1999 through 2002.’’. and all that follows through the first period

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Section 481B(a) of the Public Health Serv- (2) in paragraph (2), by striking ‘‘1990’’ and (c) UTILIZATION OF ALCOHOL AND DRUG ice Act (42 U.S.C. 287a–3(a)) is amended— inserting ‘‘1997’’. ABUSE RECORDS THAT APPLY TO THE ARMED (1) by striking ‘‘shall’’ and inserting FORCES.—Section 543(e) of the Public Health TITLE IV—MISCELLANEOUS PROVISIONS ‘‘may’’; and Service Act (42 U.S.C. 290dd–2(e)) is amended (2) by striking ‘‘$5,000,000’’ and inserting SEC. 401. TECHNICAL CORRECTIONS REGARDING by striking ‘‘Armed Forces’’ each place that ‘‘up to $2,500,000’’. PUBLIC LAW 103–183. such term appears and inserting ‘‘Uniformed (a) AMENDATORY INSTRUCTIONS.—Public Services’’. SEC. 410. PEER REVIEW. Section 504(d)(2) of the Public Health Serv- Law 103–183 is amended— SEC. 403. CLINICAL TRAINEESHIPS. (1) in section 601— Section 303(d)(1) of the Public Health Serv- ice Act (42 U.S.C. 290aa-3(d)(2)) is amended by (A) in subsection (b), in the matter pre- ice Act (42 U.S.C. 242a(d)(1)) is amended by striking ‘‘cooperative agreement, or con- ceding paragraph (1), by striking ‘‘Section inserting ‘‘counseling,’’ after ‘‘family ther- tract’’ each place that such appears and in- 1201 of the Public Health Service Act (42 apy,’’. serting ‘‘or cooperative agreement’’. U.S.C. 300d)’’ and inserting ‘‘Title XII of the SEC. 404. PROJECT GRANTS FOR SCREENINGS, SEC. 411. FUNDING FOR TRAUMA CARE. Public Health Service Act (42 U.S.C. 300d et REFERRALS, AND EDUCATION RE- Section 1232(a) of the Public Health Serv- seq.)’’; and GARDING LEAD POISONING. ice Act (42 U.S.C. 300d-32) is amended by (B) in subsection (f)(1), by striking ‘‘in sec- Section 317A(l)(1) of the Public Health striking ‘‘and 1996’’ and inserting ‘‘through tion 1204(c)’’ and inserting ‘‘in section 1203(c) Service Act (42 U.S.C. 247b-1(l)(1)) is amended 2002’’. (as redesignated by subsection (b)(2) of this by striking ‘‘1998’’ and inserting ‘‘2004’’. SEC. 412. HEALTH INFORMATION AND HEALTH section)’’; SEC. 405. PROJECT GRANTS FOR PREVENTIVE PROMOTION. (2) in section 602, by striking ‘‘for the pur- HEALTH SERVICES REGARDING TU- Section 1701(b) of the Public Health Serv- pose’’ and inserting ‘‘For the purpose’’; and BERCULOSIS. ice Act (42 U.S.C. 300u(b)) is amended by (3) in section 705(b), by striking Section 317E(g)(1) of the Public Health striking ‘‘through 1996’’ and inserting Service Act (42 U.S.C. 247b-6(g)(1)) is amend- ‘‘317D((l)(1)’’ and inserting ‘‘317D(l)(1)’’. ‘‘through 2002’’. (b) PUBLIC HEALTH SERVICE ACT.—The Pub- ed— (1) in subparagraph (A), by striking ‘‘1998’’ SEC. 413. EMERGENCY MEDICAL SERVICES FOR lic Health Service Act, as amended by Public CHILDREN. and inserting ‘‘2004’’; and Law 103–183 and by subsection (a) of this sec- Section 1910 of the Public Health Service (2) in subparagraph (B), by striking tion, is amended— Act (42 U.S.C. 300w-9) is amended— ‘‘$50,000,000’’ and inserting ‘‘25 percent’’. (1) in section 317E(g)(2), by striking ‘‘mak- (1) in subsection (a)— SEC. 406. CERTAIN AUTHORITIES OF CENTERS ing grants under subsection (b)’’ and insert- (A) by striking ‘‘two-year period’’ and in- ing ‘‘carrying out subsection (b)’’; FOR DISEASE CONTROL AND PRE- VENTION. serting ‘‘3-year period (with an optional 4th (2) in section 318, in subsection (e) as in ef- (a) IN GENERAL.—Part B of title III of the year based on performance)’’; and fect on the day before the date of the enact- Public Health Service Act is amended by in- (B) by striking ‘‘one grant’’ and inserting ment of Public Law 103–183, by redesignating serting after section 317H the following sec- ‘‘3 grants’’; and the subsection as subsection (f); tion: (2) in subsection (d), by striking ‘‘1997’’ and (3) in subpart 6 of part C of title IV— inserting ‘‘2005’’. (A) by transferring the first section 447 ‘‘MISCELLANEOUS AUTHORITIES REGARDING SEC. 414. ADMINISTRATION OF CERTAIN RE- (added by section 302 of Public Law 103–183) CENTERS FOR DISEASE CONTROL AND PREVEN- TION QUIREMENTS. from the current placement of the section; (a) IN GENERAL.—Section 2004 of Public (B) by redesignating the section as section ‘‘SEC. 317I. The Secretary, acting through the Director of the Centers for Disease Con- Law 103–43 (107 Stat. 209) is amended by 447A; and striking subsection (a). (C) by inserting the section after section trol and Prevention, may, without regard to the provisions of title 5, United States Code, (b) CONFORMING AMENDMENTS.—Section 447; 2004 of Public Law 103–43, as amended by sub- (4) in section 1213(a)(8), by striking ‘‘pro- governing appointments in the competitive service, and without regard to the provisions section (a) of this section, is amended— vides for for’’ and inserting ‘‘provides for’’; (1) by striking ‘‘(b) SENSE’’ and all that fol- (5) in section 1501, by redesignating the of chapter 51 and subchapter III of chapter 53 of such title relating to classification and lows through ‘‘In the case’’ and inserting the second subsection (c) (added by section 101(f) General Schedule pay rates, establish such following: of Public Law 103–183) as subsection (d); and technical and scientific peer review groups ‘‘(a) SENSE OF CONGRESS REGARDING PUR- (6) in section 1505(3), by striking ‘‘nonpri- and scientific program advisory committees CHASE OF AMERICAN-MADE EQUIPMENT AND vate’’ and inserting ‘‘private’’. as are needed to carry out the functions of PRODUCTS.—In the case’’; (c) MISCELLANEOUS CORRECTION.—Section such Centers and appoint and pay the mem- (2) by striking ‘‘(2) NOTICE TO RECIPIENTS OF 401(c)(3) of Public Law 103–183 is amended in bers of such groups, except that officers and ASSISTANCE’’ and inserting the following: the matter preceding subparagraph (A) by employees of the United States shall not re- ‘‘(b) NOTICE TO RECIPIENTS OF ASSISTANCE’’; striking ‘‘(d)(5)’’ and inserting ‘‘(e)(5)’’. ceive additional compensation for service as and (d) EFFECTIVE DATE.—This section is members of such groups. The Federal Advi- (3) in subsection (b), as redesignated by deemed to have taken effect immediately sory Committee Act shall not apply to the paragraph (2) of this subsection, by striking after the enactment of Public Law 103–183. duration of such peer review groups. Not ‘‘paragraph (1)’’ and inserting ‘‘subsection SEC. 402. MISCELLANEOUS AMENDMENTS RE- more than one-fourth of the members of any (a)’’. GARDING PHS COMMISSIONED OFFI- such group shall be officers or employees of (c) EFFECTIVE DATE.—This section is CERS. the United States.’’. deemed to have taken effect immediately (a) ANTI-DISCRIMINATION LAWS.—Amend (b) EFFECTIVE DATE.—This section is after the enactment of Public Law 103–43. section 212 of the Public Health Service Act deemed to have taken effect July 1, 1995. SEC. 415. AIDS DRUG ASSISTANCE PROGRAM. (42 U.S.C. 213) by adding the following new SEC. 407. COMMUNITY PROGRAMS ON DOMESTIC subsection at the end thereof: Section 2618(b)(3) of the Public Health VIOLENCE. Service Act (42 U.S.C. 300ff-28(b)(3)) is ‘‘(f) Active service of commissioned offi- (a) IN GENERAL.—Section 318(h)(2) of the amended— cers of the Service shall be deemed to be ac- Family Violence Prevention and Services (1) in paragraph (1), by striking ‘‘and the tive military service in the Armed Forces of Act (42 U.S.C. 10418(h)(2)) is amended by Commonwealth of Puerto Rico’’ and insert- the United States for purposes of all laws re- striking ‘‘fiscal year 1997’’ and inserting ‘‘for ing ‘‘, the Commonwealth of Puerto Rico, lated to discrimination on the basis of race, each of the fiscal years 1997 through 2002’’. the Virgin Islands, and Guam’’; and color, gender, ethnicity, age, religion, and (b) STUDY.—The Secretary of Health and disability.’’ Human Services shall request that the Insti- (2) in paragraph (2), by striking ‘‘the Vir- (b) TRAINING IN LEAVE WITHOUT PAY STA- tute of Medicine conduct a study concerning gin Islands, Guam’’. TUS.—Section 218 of the Public Health Serv- the training needs of health professionals f ice Act (42 U.S.C. 218a) is amended by adding with respect to the detection and referral of MESSAGES FROM THE PRESIDENT at the end the following: victims of family or acquaintance violence. ‘‘(c) A commissioned officer may be placed Not later than 2 years after the date of en- Messages from the President of the in leave without pay status while attending actment of this Act, the Institute of Medi- United States were communicated to an educational institution or training pro- cine shall prepare and submit to Congress a the Senate by Mr. Williams, one of his gram whenever the Secretary determines report concerning the study conducted under secretaries. that such status is in the best interest of the this subsection. EXECUTIVE MESSAGES REFERRED Service. For purposes of computation of SEC. 408. STATE LOAN REPAYMENT PROGRAM. basic pay, promotion, retirement, compensa- Section 338I(i)(1) of the Public Health Serv- As in executive session the Presiding tion for injury or death, and the benefits pro- ice Act (42 U.S.C. 254q-1(i)(1)) is amended by Officer laid before the Senate messages

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1948 CONGRESSIONAL RECORD — SENATE March 13, 1998 from the President of the United This bill addresses a key element in ‘‘(B) ADULT ONLY STORES AND TOBACCO OUT- States submitting a withdrawal and our ongoing public debate on tobacco: LETS.—Subparagraph (A) shall not apply to sundry nominations which were re- the industry’s ceaseless efforts to mar- point of sale advertising at adult only stores ferred to the appropriate committees. ket to children. My legislation can and tobacco outlets. ‘‘(C) PERMISSIBLE ADVERTISING.— (The nominations received today are stand on its own, or can easily be in- ‘‘(i) IN GENERAL.—Each manufacturer of to- printed at the end of the Senate pro- corporated into a comprehensive tobacco products may display not more than 2 ceedings.) bacco bill. With or without congres- separate point of sale advertisements in or f sional action on the state attorney at each location at which tobacco products generals’ tobacco settlement, it is time are offered for sale. INTRODUCTION OF BILLS AND for Congress to put a stop to the to- ‘‘(ii) RETAILERS.—No manufacturer, dis- JOINT RESOLUTIONS bacco industry’s practice of luring chil- tributor, or retailer may enter into any arrangement with a retailer to limit the abil- The following bills and joint resolu- dren into untimely disease and death. tions were introduced, read the first ity of the retailer to display any form of per- I am pleased to be joined today in in- missible point of sale advertisement or pro- and second time by unanimous con- troducing this legislation with Sen- motional material originating with another sent, and referred as indicated: ators BOXER and CHAFEE, and I urge the manufacturer, distributor, or retailer. By Mr. REED (for himself, Mrs. BOXER, rest of my colleagues to join us in this ‘‘(D) LIMITATIONS.— and Mr. CHAFEE): effort to protect America’s children. ‘‘(i) IN GENERAL.—A point of sale advertise- S. 1755. A bill to amend the Internal Rev- Mr. President, I ask unanimous con- ment permitted under this paragraph shall enue Code of 1986 to disallow tax deductions sent that the full text of the bill be be comprised of a display area that is not for advertising, promotional, and marketing larger than 576 square inches (either individ- printed in the RECORD. expenses relating to tobacco product use un- ually or in the aggregate) and shall consist less certain advertising requirements are There being no objection, the bill was only of black letters on a white background met; to the Committee on Finance. ordered to be printed in the RECORD, as or other recognized typographical marks. By Mr. DASCHLE: follows: Such advertisement shall not be attached to S. 1756. A bill to name the education center S. 1755 nor located within 2 feet of any fixture on under construction at Fort Campbell, Ken- Be it enacted by the Senate and House of Rep- which candy is displayed for sale. tucky, after Wendell H. Ford; to the Com- resentatives of the United States of America in ‘‘(ii) AUDIO AND VIDEO FORMATS.—Audio and mittee on Armed Services. Congress assembled, video advertisements otherwise permitted By Ms. SNOWE (for herself and Mr. SECTION 1. SHORT TITLE. under this section may be distributed to in- D’AMATO): This Act may be cited as the ‘‘Children’s dividuals who are 18 years of age or older at S. 1757. A bill to amend the Public Health Health Preservation and Tobacco Adver- point of sale but may not be played or Service Act to extend the program of re- tising Compliance Act’’. viewed at such point of sale. search on breast cancer; to the Committee ‘‘(iii) DISPLAY FIXTURES.—Display fixtures SEC. 2. DISALLOWANCE OF TAX DEDUCTIONS in the form of signs consisting of brand name on Labor and Human Resources. FOR CERTAIN ADVERTISING, PRO- By Mr. LUGAR (for himself, Mr. BIDEN, MOTION, AND MARKETING EX- and price and not larger than 2 inches in Mr. CHAFEE, Mr. LEAHY, Mr. ABRA- PENSES RELATING TO TOBACCO height are permitted. HAM, Mr. AKAKA, Mr. ALLARD, Mr. PRODUCT USE. ‘‘(c) ADDITIONAL RESTRICTIONS.— CRAIG, Mr. COCHRAN, Mr. DEWINE, Mr. (a) IN GENERAL.—Part IX of subchapter B ‘‘(1) RESTRICTION ON PRODUCT NAMES.—A GLENN, Mr. HARKIN, Mr. INHOFE, Mr. of chapter 1 of subtitle A of the Internal Rev- manufacturer shall not use a trade or brand JEFFORDS, Mr. JOHNSON, Mr. KERREY, enue Code of 1986 (relating to items not de- name of a nontobacco product as the trade or Mr. KERRY, Mr. KEMPTHORNE, Mr. ductible) is amended by adding at the end brand name for a cigarette or smokeless to- LEVIN, Mr. MOYNIHAN, and Mr. MUR- the following: bacco product, except for a tobacco product KOWSKI): ‘‘SEC. 280I. DISALLOWANCE OF DEDUCTION FOR whose trade or brand name was on both a to- S. 1758. A bill to amend the Foreign Assist- CERTAIN TOBACCO ADVERTISING, bacco product and a nontobacco product that ance Act of 1961 to facilitate protection of PROMOTION, AND MARKETING EX- were sold in the United States on January 1, tropical forests through debt reduction with PENSES. 1998. developing countries with tropical forests; to ‘‘(a) IN GENERAL.—No deduction shall be al- ‘‘(2) ADVERTISING LIMIT ACTIONS.— the Committee on Foreign Relations. lowed under this chapter for any taxable ‘‘(A) IN GENERAL.—A manufacturer, dis- By Mr. HATCH (for himself, Mr. CAMP- year for any expenditure relating to adver- tributor, or retailer may in accordance with this section, disseminate or cause to be dis- BELL, Mr. MCCAIN, Mr. ABRAHAM, Mr. tising, promoting, or marketing tobacco seminated advertising or labeling which DOMENICI, Mr. GRASSLEY, and Mrs. products if such advertising, promoting, or bears a tobacco product brand name (alone HUTCHISON): marketing, or such expenditure is prohibited S. 1759. A bill to grant a Federal charter to under the following subsections. or on conjunction with any other word) or the American GI Forum of the United ‘‘(b) PROHIBITION OF CERTAIN ADVER- any other indicia of tobacco product identi- States; to the Committee on the Judiciary. TISING.— fication only in newspapers, in magazines, in By Mr. LEVIN: ‘‘(1) PROHIBITION ON OUTDOOR ADVER- periodicals or other publications (whether S. 1760. A bill to amend the National Sea TISING.— periodic or limited distribution), on bill- Grant College Program Act to clarify the ‘‘(A) IN GENERAL.—No manufacturer, dis- boards, posters and placards in accordance term Great Lakes; to the Committee on tributor, or retailer may use any form of with subsection (b)(1), in nonpoint of sale Commerce, Science, and Transportation. outdoor tobacco product advertising, includ- promotional material (including direct ing billboards, posters, or placards. mail), in point-of-sale promotional material, f ‘‘(B) STADIA AND ARENAS.—Except as other- and in audio or video formats delivered at a STATEMENTS ON INTRODUCED wise provided in this section, a manufac- point-of-sale. BILLS AND JOINT RESOLUTIONS turer, distributor, or retailer shall not adver- ‘‘(B) LIMITATION.—A manufacturer, dis- tise tobacco products in any arena or sta- tributor, or retailer that intends to dissemi- By Mr. REED (for himself, Mrs. dium where athletic, musical, artistic, or nate, or to cause to be disseminated, adver- BOXER, and Mr. CHAFEE): other social or cultural events or activities tising or labeling for a tobacco product in a S. 1755. A bill to amend the Internal occur. medium that is not described in subpara- Revenue Code of 1986 to disallow tax ‘‘(2) PROHIBITION ON USE OF HUMAN IMAGES graph (A) shall notify the Secretary of deductions for advertising, pro- AND CARTOONS.—No manufacturer, dis- Health and Human Services not less than 30 motional, and marketing expenses re- tributor, or retailer may use a human image days prior to the date on which such medium lating to tobacco product use unless or a cartoon character or cartoon-type char- is to be used. Such notice shall describe the acter in its advertising, labeling, or pro- medium and discuss the extent to which the certain advertising requirements are motional material with respect to a tobacco advertising or labeling may be seen by indi- met; to the Committee on Finance. product. viduals who are under 18 years of age. THE CHILDREN’S HEALTH PRESERVATION AND ‘‘(3) PROHIBITION ON ADVERTISING ON THE ‘‘(C) ACTION BY SECRETARY.—Not later than TOBACCO ADVERTISING COMPLIANCE ACT INTERNET.—No manufacturer, distributor, or 30 days after the date on which the Secretary Mr. REED. Mr. President, I rise retailer may use the Internet to advertise to- receives a notice under subparagraph (B), the today to formally introduce legislation bacco products unless such an advertisement Secretary shall make a determination with that would amend the Internal Rev- is inaccessible in or from the United States. respect to the action to be taken concerning enue Code to deny tobacco companies ‘‘(4) PROHIBITION ON POINT OF SALE ADVER- such notice. TISING.— ‘‘(3) RESTRICTION ON PLACEMENT IN ENTER- any tax deduction for their advertising ‘‘(A) IN GENERAL.—Except as otherwise pro- TAINMENT MEDIA.—No payment shall be made and promotional expenses when those vided in this paragraph, no manufacturer, by any manufacturer, distributor, or retailer ads are aimed at America’s most im- distributor, or retailer may use point of sale for the placement of any tobacco product or pressionable group, children. advertising of tobacco products. tobacco product package or advertisement—

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‘‘(A) as a prop in any television program or ‘‘(3) SPONSORSHIP.— ing after the item relating to section 280H motion picture produced for viewing by the ‘‘(A) IN GENERAL.—No manufacturer, dis- the following: general public; or tributor, or retailer shall sponsor or cause to ‘‘Sec. 280I. Disallowance of deduction for ‘‘(B) in a video or on a video game ma- be sponsored any athletic, musical, artistic certain tobacco advertising, or other social or cultural event, or any chine. promotion, and marketing ex- ‘‘(4) RESTRICTIONS ON GLAMORIZATION OF TO- entry or team in any event, in which the penses.’’ BACCO PRODUCTS.—No direct or indirect pay- brand name (alone or in conjunction with ment shall be made, or consideration given, any other word), logo, motto, selling mes- (c) EFFECTIVE DATE.—The amendments by any manufacturer, distributor, or retailer sage, recognizable color or pattern of colors, made by this section shall apply to taxable to any entity for the purpose of promoting or any other indicia of product identification years beginning after December 31, 1998. the image or use of a tobacco product similar or identical to those used for tobacco through print, film or broadcast media that products is used. By Mr. DASCHLE: appeals to individuals under 18 years of age ‘‘(B) USE OF CORPORATE NAME.—A manufac- S. 1756. A bill to name the education or through a live performance by an enter- turer, distributor, or retailer may sponsor or center under construction at Fort tainment artist that appeals to such individ- cause to be sponsored any athletic, musical, Campbell, Kentucky, after WENDELL H. uals. artistic, or other social or cultural event in FORD; to the Committee on Armed ‘‘(d) FORMAT AND CONTENT REQUIREMENTS the name of the corporation which manufac- Services. FOR LABELING AND ADVERTISING.— tures the tobacco product if— THE WENDELL H. FORD EDUCATION CENTER ‘‘(1) IN GENERAL.—Except as provided in ‘‘(i) both the corporate name and the cor- DESIGNATION ACT OF 1998 paragraphs (2) and (3), each manufacturer, poration were registered and in use in the distributor, or retailer advertising or caus- United States prior to January 1, 1995; and Mr. DASCHLE. Mr. President, I ing to be advertised, disseminating or caus- ‘‘(ii) the corporate name does not include would like to call to the Senate’s ating to be disseminated, any labeling or ad- any brand name (alone or in conjunction tention an impressive milestone that a vertising for a tobacco product shall use only with any other word), logo, symbol, motto, member of this body will reach this black text on a white background. selling message, recognizable color or pat- weekend. On Saturday the senior Sen- ‘‘(2) CERTAIN ADVERTISING EXCEPTED.— tern of colors, or any other indicia or prod- ator from Kentucky, my friend and ‘‘(A) IN GENERAL.—Paragraph (1) shall not uct identification identical or similar to, or Democratic Whip, WENDELL FORD, will apply to advertising— identifiable with, those used for any brand of ‘‘(i) in any facility where vending ma- tobacco products. have served the state of Kentucky in chines and self-service displays are located if ‘‘(f) DEFINITIONS.—For purposes of this sec- the Senate for the 8,478th day. He will the advertising involved— tion— become the longest-serving Senator in ‘‘(I) is not visible from outside of the facil- ‘‘(1) IN GENERAL.—Any term used in this Kentucky history. ity; and section which is also used in section 5702 While I suspect that Senator FORD ‘‘(II) is affixed to a wall or fixture in the shall have the same meaning given such might be more concerned this weekend facility; term by section 5702. about how his beloved Kentucky Wild- ‘‘(ii) that appears in any publication ‘‘(2) BRAND.—The term ‘brand’ means a va- cats will fare in the NCAA basketball (whether periodic or limited distribution) riety of a tobacco product distinguished by that is an adult publication. the tobacco used, tar content, nicotine con- tournament than about achieving any ‘‘(B) ADULT PUBLICATION.—For purposes of tent, flavoring used, size, filtration, or pack- personal record, I hope he will allow subparagraph (A)(ii), the term ‘adult publi- aging. me a few minutes to recognize this tre- cation’ means a newspaper, magazine, peri- ‘‘(3) DISTRIBUTOR.—The term ‘distributor’ mendous achievement. odical, or other publication— means any person who furthers the distribu- It gives me great personal satisfac- ‘‘(i) whose readers under 18 years of age tion of tobacco products, whether domestic tion to see Senator FORD cap his distin- constitute 15 percent or less of the total or imported, at any point from the original guished Senate career by reaching this readership as measured by competent and replace of manufacture to the person who sells milestone. It is also appropriate that liable survey evidence; and or distributes the product to individuals for Senator FORD does so by surpassing the ‘‘(ii) that is read by fewer than 2,000,000 in- personal consumption. Such term shall not dividuals who are under 18 years of age as include common carriers. length of service of another great Sen- measured by competent and reliable survey ‘‘(4) PACKAGE.—The term ‘package’ means ator from Kentucky, the former Demo- evidence. a pack, box, carton, or container of any kind cratic Leader and then Vice President ‘‘(3) AUDIO OR VIDEO FORMATS.—Each manu- in which tobacco products are offered for of the United States, Alben Barkley. facturer, distributor or retailer advertising sale, sold, or otherwise distributed to con- WENDELL FORD began his Senate or causing to be advertised any advertising sumers. service back in December 1974. In 23- for a tobacco product in an audio or video ‘‘(5) POINT OF SALE.—The term ‘point of plus years, he has made his mark in format shall comply with the following: sale’ means any location at which an indi- the Senate in an extraordinary number ‘‘(A) With respect to an audio format, the vidual can purchase or otherwise obtain to- advertising shall be limited to words only bacco products for personal consumption. of ways: as a tenacious fighter for the with no music or sound effects. ‘‘(6) POINT OF SALE ADVERTISING.—The term people of Kentucky, as a skilled parlia- ‘‘(B) With respect to a video format, the ‘point of sale advertising’ means all printed mentarian and orator, as a leader and advertising shall be limited to static black or graphical materials bearing the brand faithful soldier of his party, and as a text only on a white background. Any audio name (alone or in conjunction with any genuinely warm, funny, and down-to- with the video advertising shall be limited to other word), logo, motto, selling message, earth human being. words only with no music or sound effects. recognizable color or pattern of colors, or Perhaps the Almanac of American ‘‘(e) BAN ON NON-TOBACCO ITEMS AND SERV- any other indicia of product identification Politics best described his political te- ICES, CONTESTS AND GAMES OF CHANCE, AND similar or identical to those used for tobacco nacity when it said that Senator SPONSORSHIP OF EVENTS.— products, which, when used for its intended ‘‘(1) BAN ON ALL NON-TOBACCO MERCHAN- purpose, can reasonably be anticipated to be FORD’s ‘‘fierce determination to cham- DISE.—No manufacturer, importer, dis- seen by customers at a location at which to- pion Kentuckians’ interests seems tributor, or retailer shall market, license, bacco products are offered for sale. rooted in a sense that they are little distribute, sell or cause to be marketed, li- ‘‘(7) RETAILER.—The term ‘retailer’ means guys who are victims or targets of big censed, distributed or sold any item (other any person who sells tobacco products to in- selfish guys elsewhere—that they are than tobacco products) or service, which dividuals for personal consumption, or who as humble as FORD’s own economic bears the brand name (alone or in conjunc- operates a facility where vending machines background.’’ Indeed, anyone who has tion with any other word), logo, symbol, or self-service displays are located. engaged Senator FORD in the legisla- motto, selling message, recognizable color or ‘‘(8) VIDEO.—The term ‘video’ means an pattern of colors, or any other indicia of audiovisual work produced for viewing by tive arena knows that he is deeply product identification similar or identifiable the general public, such as a television pro- rooted in the Kentucky soil from which to those used for any brand of tobacco prod- gram, a motion picture, a music video, and he sprang. ucts. the audiovisual display of a video game. He has been a thoroughly tireless de- ‘‘(2) GIFTS, CONTESTS, AND LOTTERIES.—No ‘‘(9) VIDEO GAME.—The term ‘video game’ fender of Kentucky’s working families, manufacturer, distributor, or retailer shall means any electronic amusement device that from 60,000 tobacco growers on small offer or cause to be offered to any person utilizes a computer, microprocessor, or simi- farms across the state to the coal min- purchasing tobacco products any gift or item lar electronic circuitry and its own cathode ers in Appalachia’s hills and hollows. (other than a tobacco product) in consider- ray tube, or is designed to be used with a tel- WENDELL FORD surely deserves one of ation of the purchase of such products, or to evision set or a monitor, that interacts with any person in consideration of furnishing the user of the device.’’. the highest compliments one can give a evidence, such as credits, proofs-of-purchase, (b) CONFORMING AMENDMENT.—The table of Senator: that he has never forgotten or coupons, of such a purchase. sections for such part IX is amended by add- where he came from.

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1950 CONGRESSIONAL RECORD — SENATE March 13, 1998 Though I can think of no one more He served in that capacity for 1 term. Daviess County, KY, went to the Uni- tenacious in defense of his constitu- Not content to accept a permanent re- versity of Kentucky, served in the U.S. ents, I can also think of no Senator tirement after leaving the Vice Presi- Army during the Second World War. more loyal to his party, 2 traits that dency, however, Barkley ran again for WENDELL FORD is someone who has are sometimes difficult to reconcile. the Senate in 1954 and won, returning contributed to this body second to WENDELL FORD has served his party to his beloved Senate. Maybe Senator none. I rise today to join with others in in a variety of ways: as chairman of FORD will keep that in the back of his recognizing the contributions of one of the Democratic Senatorial Campaign mind. the Senate’s finest Members and some- Committee; as chairman and ranking But taking Senator FORD at his one I consider a friend. member of the Senate Rules Com- word—that he will be leaving the Sen- As I have said, Mr. President, on mittee; as chairman and ranking mem- ate for good at the end of this year—his March 14 Senator WENDELL FORD will ber of the Commerce Subcommittee on staff and I have tried to settle on a fit- become Kentucky’s longest-serving Aviation; and, since 1991, assistant ting tribute to the longest-serving Sen- Senator, surpassing the tenure of the Senate Democratic Leader and Whip. ator in Kentucky history. A tribute legendary Alben Barkley. Senator His friendship and counsel to me dur- that will symbolize for every Ken- FORD will have served 8,478 days in the ing my tenure as Senate Democratic tuckian the enduring commitment to Senate from the State of Kentucky. leader have been invaluable. I could their well being that WENDELL FORD In preparing these remarks, we were not imagine learning the many facets has shown. looking through the Courier-Journal, of this job without Senator FORD at my Today I am introducing a bill to an editorial which said: side. WENDELL FORD represents the name the school under construction in Senator Wendell Ford likes to refer to best of the Senate’s old school. He is Fort Campbell, Kentucky, the ‘‘Wen- himself as a dumb country boy with dirt be- someone who reveres the traditions dell H. Ford Education Center.’’ The tween his toes. and rules that are the foundation of Wendell H. Ford Education Center will Don’t believe that for a second. the Senate. He is also someone who assume its name the day Senator FORD The newspaper goes on to say that it values the courtesy, humor, and per- leaves the Senate. I hope the students was a long road from our colleague’s sonal bonds that give the Senate its who enter its halls will fully appreciate hometown of Yellow Creek, KY, to Cap- life and its sense of common purpose. the contributions of WENDELL H. FORD itol Hill and an even longer one from Mr. President, the state of Kentucky and the remarkable way in which he the job of Senator to the Senate’s as- has sent a number of talented men to has led his colleagues, his State, and sistant leader to the Senate’s whip. this chamber. Men like Albert ‘‘Happy’’ his country in the difficult challenges It goes on: Chandler, Earle C. Clements, John we have faced in the past 25 years. Only a smart, disciplined person could ne- Sherman Cooper, and certainly the leg- Like many in Kentucky, many in gotiate such passages without losing touch with who he really is. endary Henry Clay come to mind. It is this chamber are familiar with one of a high honor that WENDELL FORD Senator FORD’s trademark greetings, The newspaper concludes by saying: stands next to these great Kentuckians ‘‘How are all you lucky people doing?’’ Senator Ford has done that. in service to their state. But it is per- This is sometimes abbreviated to sim- That is, he has negotiated these dif- haps most appropriate that Senator ply, ‘‘Hey, Lucky!’’ Truly, all of us who ficult passages and he has not lost FORD surpassed the tenure of former have served with Senator FORD have touch with the people of the State of Senator Alben Barkley. Like Senator been extremely lucky. He will be Kentucky. FORD, Alben Barkley had roots in the missed by a lot of people around here Those of us who know WENDELL FORD soil, born on a small tobacco farm in when he retires at the end of this Con- can attest to his honor and to his sin- Kentucky. gress. cerity. His rise from the Kentucky Like Senator FORD, Alben Barkley But today, we all should all take a State Senate to Lieutenant Governor served his state and country in a range moment to congratulate and thank to the 49th Governor of the Common- of positions, from county judge, to Senator WENDELL FORD on his record- wealth of Kentucky to now a U.S. Sen- Congressman, Senator, then Vice breaking service to the people of Ken- ator and the assistant leader of the President of the United States. And tucky, the United States Senate, and Senate has never distracted the person like Senator FORD, he was in the Sen- the country. WENDELL FORD from the man he is—his ate leadership in both the Majority and Mr. President, I ask unanimous con- own man, someone who has never for- Minority, serving as Leader in both ca- sent that the text of the bill be printed gotten his roots. pacities. in the RECORD. In our Senate Democratic leadership Tested by the loss of the Senate ma- There being no objection, the bill was meetings, Senator FORD is one who can jority in the mid-l940s, Senator Bar- ordered to be printed in the RECORD, as always bring the discussion back to kley turned adversity to his advantage. follows: where we should be. His commonsense In 1948, a poll of journalists in Colliers S. 1756 approach to legislation and politics is magazine recognized Minority Leader refreshing to me and should be reas- Be it enacted by the Senate and House of Rep- Barkley as the most effective member resentatives of the United States of America in suring not only to the people of Ken- of the Senate. This was remarkable, Congress assembled, tucky but to this country. since 10 years earlier, a similar poll SECTION 1. NAMING OF EDUCATION CENTER AT WENDELL FORD can be compassionate had left him completely off the list of FORT CAMPBELL, KENTUCKY. because, Mr. President, he is a compas- the 10 most effective members even (a) NAME.—The education center under sionate man. He can be very tough be- though he was Majority Leader. construction at Fort Campbell, Kentucky, cause, Mr. President, he is a tough In recognition of his effectiveness, shall be known and designated as the ‘‘Wen- man. He can be very sincere because he one journalist commented that ‘‘under dell H. Ford Education Center’’. Any ref- is, Mr. President, a sincere man. WEN- erence to such center in any law, regulation, conditions that would have caused a DELL FORD has in his quiver many ar- map, document, record, or other paper of the less determined man to walk out and United States shall be considered to be a ref- rows. Yes, compassion, toughness, and rest, he continued to work for his coun- erence to the Wendell H. Ford Education sincerity, but I think the arrow that he try through his party.’’ Another said Center. carries around that we all rely on is that ‘‘by his wisdom, humor, and mod- (b) EFFECTIVE DATE.—Subsection (a) shall the wisdom that has developed in the eration, plus his devotion to the sys- take effect on January 3, 1999, or the first person of WENDELL FORD. tem, he has strengthened the concept day on which Wendell H. Ford ceases to be a WENDELL FORD is truly one of the of party responsibility.’’ More appro- Senator. Senate’s great talents, but one of his priate words could not be spoken about Mr. REID. Mr. President, WENDELL H. great talents is in the finest traditions Senator FORD, either. FORD tomorrow will surpass the tenure of the Senate Chamber: his mastery of We can only hope that Senator FORD for all Senators from the State of Ken- the negotiation of compromise. He is may also look to one other example set tucky as having served the longest pe- able to do this because he is respected, by Alben Barkley. Senator Barkley be- riod of time. WENDELL FORD is Ken- he is trusted, and, as I already indi- came Vice President Barkley in 1948. tucky through and through—born in cated, he is honorable.

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1951 This Senate will be lesser when WEN- That long-standing success is no easy For this reason, my bill increases the DELL FORD returns to his native Ken- achievement. I’m reminded of the fa- FY99 funding authorization level for tucky, but his quarter century of serv- mous lines by Kentucky’s Irish poet, breast cancer research to $650 million. ice to his State and to the Nation will James Mulligan: This level represents the funding level stand as a legacy to be remembered The moonlight falls the softest in Kentucky; scientists believe is necessary to make and honored. The bluegrass waves the bluest; progress against this disease. It also re- Mr. President, I am grateful to have The songbirds are the sweetest; flects the 11 percent increase that the The thoroughbreds are the finest; served with WENDELL FORD. My wife Administration requested for NIH fund- Landra and I appreciate Jean, his love- The landscape is the grandest— And politics the damnedest in Kentucky. ing. This increased funding will con- ly wife, and their—WENDELL’s and I know that the people of Kentucky tribute substantially toward solving Jean’s—love of their family and their will miss Senator FORD in the Senate, the mysteries surrounding breast can- love of the Senate family. I personally and so will all of us in this body. We’re cer. Our continued investment will honor his wisdom, his humor, and his proud of his leadership and honored by save countless lives and health care compassion. In an age of cynicism, I his statesmanship, but most of all, dollars, and prevent undue suffering in really appreciate WENDELL FORD’s we’re grateful for his friendship. millions of American women and fami- down-home sincerity. It has inspired lies. me. And it should inspire us all. By Ms. SNOWE (for herself and Mr. COVERDELL addressed the Mr. D’AMATO): On behalf of the 2.6 million women Chair. S. 1757. A bill to amend the Public living with breast cancer, I urge my The PRESIDING OFFICER. The Sen- Health Service Act to extend the pro- colleagues to support this important ator from Georgia. gram of research on breast cancer; to bill. Mr. COVERDELL. Mr. President, I the Committee on Labor and Human have enjoyed the remarks by those on Resources. By Mr. LUGAR (for himself, Mr. the other side of the aisle on behalf of THE BREAST CANCER RESEARCH EXTENSION ACT BIDEN, Mr. CHAFEE, Mr. LEAHY, Senator FORD of Kentucky. And indeed, OF 1998 Mr. ABRAHAM, Mr. AKAKA, Mr. he has been a very large figure here in Ms. SNOWE. Mr. President, I rise ALLARD, Mr. CRAIG, Mr. COCH- the U.S. Senate for many, many years. today to introduce legislation which RAN, Mr. DEWINE, Mr. GLENN, It is very appropriate that he has been will authorize breast cancer research Mr. HARKIN, Mr. INHOFE, Mr. honored by his side of the aisle. funding at a record level. JEFFORDS, Mr. JOHNSON, Mr. Mr. KENNEDY. Mr. President, it is a Over the past seven years, Congress KERREY, Mr. KERRY, Mr. KEMP- privilege to pay tribute today to our has demonstrated an increased com- THORNE, Mr. LEVIN, Mr. MOY- outstanding colleague from Kentucky, mitment to the fight against breast NIHAN, and Mr. MURKOWSKI): WENDELL FORD, as he reaches an his- cancer. Back in 1991, less than $100 mil- toric milestone and becomes the long- lion dollars was spent on breast cancer S. 1758. A bill to amend the Foreign est serving Senator in the history of research. Since then, Congress has Assistance Act of 1961 to facilitate pro- the Commonwealth of Kentucky. steadily increased this allocation. tection of tropical forests through debt Our colleague’s service to Kentucky, These increases have stimulated new reduction with developing countries to the Senate, and to the nation has and exciting research that has begun to with tropical forests; to the Committee been outstanding through all these unravel the mysteries of this dev- on Foreign Relations. years, and it continues to be out- astating disease and is moving us clos- THE TROPICAL FOREST CONSERVATION ACT OF standing today. As our Whip since 1990, er to a cure. Today, we must send a 1998 he is an essential part of the Senate’s message through our authorization leadership team and deserves a great level to scientists and research policy Mr. LUGAR. Mr. President, along deal of the credit for the legislative makers that we are committed to con- with Senators BIDEN, CHAFEE and achievements of our Party and of the tinued funding for this important re- LEAHY, I am today introducing the Senate as a whole. search. Tropical Forest Conservation Act of As a legislator, our colleague has This increase in funding is necessary 1998, a bill to protect outstanding trop- consistently earned high marks for his because breast cancer has reached cri- ical forests in developing countries brilliant service to Kentucky and the sis levels in America. In 1998, it is esti- through Debt for Nature Swaps. We are country. He has earned the respect of mated that 178,700 new cases of breast joined in this effort by Senators ABRA- all of us on both sides of the aisle for cancer will be diagnosed in this coun- HAM, AKAKA, ALLARD, COCHRAN, CRAIG, his skill and warm sense of humor in try, and 43,500 women will die from this DEWINE, GLENN, HARKIN, INHOFE, JEF- debate, and for his leadership on a wide disease. Breast cancer is the most com- FORDS, JOHNSON, KEMPTHORNE, KERREY, range of issues, especially in areas such mon form of cancer and the second KERRY, LEVIN, MOYNIHAN, and MUR- as aviation, education, telecommuni- leading cause of cancer deaths among KOWSKI. cations, the environment, election re- American women. Today, over 2.6 mil- The Tropical Forest Conservation form, and the many issues of vital im- lion American women are living with Act builds upon the success of Presi- portance to Kentucky and to all of this disease. In my home state of dent Bush’s Enterprise for the Amer- rural America. Maine, it is the most commonly-diag- icas Initiative (EAI) and extends the I recall that a Ford Fellow Scholar- nosed cancer among women, rep- debt reduction portion of that initia- ship Fund was established last year in resenting more than 30 percent of all tive to the protection of tropical for- Kentucky in his honor, and I am sure new cancers in Maine women. ests in lower and middle income devel- that in the years ahead, the Ford Fel- In addition to these enormous human oping countries outside of Latin Amer- lows will carry on the high standards costs, breast cancer also exacts a heavy ica and the Caribbean. that our colleague has so consistently financial toll—over $6 billion of our set for excellence in education. health care dollars are spent on breast Under the EAI, $154 million has been All of us regret that our highly re- cancer annually. devoted to environmental protection garded colleague has chosen not to Today, however, there is cause for and child survival in Argentina, Bo- seek re-election to the Senate this fall. hope. Recent scientific progress made livia, Chile, Colombia, El Salvador, Ja- It is no accident that he is the longest- in the fight to conquer breast cancer is maica and Uruguay. One of the novel serving Senator in the history of his encouraging. Researchers have isolated features of the EAI has been the link- state. The stratospheric victory mar- the genes responsible for inherited age between debt reduction and the gins he has compiled in his many elec- breast cancer, and are beginning to un- generation of local funds for the envi- tion successes during his brilliant ca- derstand the mechanism of the cancer ronmental protection and child sur- reer show that his seat in the Senate is cell itself. It is imperative that we cap- vival. Whereas the U.S. receives dollar secure against any challenge, and are italize upon these advances by con- payments for the remaining principal the highest possible tribute to the re- tinuing to support the scientists inves- payments after debt reduction, interest spect and affection in which he is held tigating this disease and their innova- streams on the remaining debt are in his state. tive research. channeled into these local funds.

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1952 CONGRESSIONAL RECORD — SENATE March 13, 1998 The first Debt for Nature bill enacted compensate the United States Treas- out the world. And it stretches the lim- into law was the ‘‘Debt for Nature Ex- ury for the reduction in the revenue ited federal dollars which are available change’’ provision of the International stream which occurs. However, as in to assist in this effort, therefor making Finance and Development Act of 1989. the case of the EAI, these funds would an effective use of international envi- Under the authority of the BIDEN be effectively leveraged because the ronmental assistance. LUGAR bill, the U.S. Agency for Inter- amounts placed by a eligible country in I ask unanimous consent that a copy national Development has established its tropical forest fund would exceed of the bill be printed in the RECORD. I environmental endowment funds in the amount of revenues foregone by the urge my colleagues to join in this ef- Costa Rica, Honduras, Indonesia, Ja- United States Treasury. For example, fort. maica, Madagascar, Mexico, Panama, in the case of the EAI, $90 million in There being no objection, the bill was and the Philippines. By committing $ U.S. funds resulted in $154 million ordered to be printed in the RECORD, as 95 million of its own funds, US AID has being placed by the Latin American follows: leveraged an additional $51 million. and Caribbean countries in these local S. 1758 This is an effective use of scarce fed- funds. Be it enacted by the Senate and House of Rep- eral conservation dollars. The Tropical Forest Conservation resentatives of the United States of America in Congress assembled, The Tropical Forest Conservation Act applies to concessional loans made Act of 1998 is a companion bill to H.R. SECTION 1. DEBT REDUCTION FOR DEVELOPING under the Foreign Assistance Act of COUNTRIES WITH TROPICAL FOR- 2870, coauthored by Representatives 1961 and credits granted under the Ag- ESTS. ROB PORTMAN (R.-Ohio), JOHN KASICH ricultural Trade and Assistance Act of The Foreign Assistance Act of 1961 (22 (R- Ohio) and LEE HAMILTON (R.-Indi- 1954. It is consistent with established U.S.C. 2151 et seq.) is amended by adding at ana), which was recently ordered to be Treasury Department debt reduction the end the following: reported by the House International practices as well as with the Federal ‘‘PART V—DEBT REDUCTION FOR DEVEL- Relations Committee. OPING COUNTRIES WITH TROPICAL Credit Reform Act of 1990. FORESTS The Tropical Forest Conservation The bill authorizes $50 million in FY ‘‘SEC. 801. SHORT TITLE. Act of 1998 would authorize the use of 99, $125 million in FY 2000 and $225 mil- three ‘‘debt for nature’’ mechanisms to ‘‘This part may be cited as the ‘Tropical lion in FY 2001, subject to appropria- Forest Conservation Act of 1998’. protect outstanding tropical forests in tions. lower and middle income developing ‘‘SEC. 802. FINDINGS AND PURPOSES. Within each developing country, the ‘‘(a) FINDINGS.—The Congress finds the fol- countries. tropical forest fund would be adminis- lowing: Under the Buy Back option, an eligi- tered by a commission representing a ‘‘(1) It is the established policy of the ble country would be able to buy back majority of local nongovernmental, United States to support and seek protection its debt at its asset value in exchange community development and scientific of tropical forests around the world. for its willingness to place an addi- ‘‘(2) Tropical forests provide a wide range and academic organizations, represent- tional forty percent of this value in of benefits to humankind by— atives of the host government and a local currency in a tropical forest fund. ‘‘(A) harboring a major share of the Earth’s representative of the United States Suppose, for example, that the asset biological and terrestrial resources, which Government. value of the country’s debt was fifty are the basis for developing pharmaceutical The tropical forest fund could be used products and revitalizing agricultural crops; cents on the dollar. In return for being to provide grants for the following pur- ‘‘(B) playing a critical role as carbon sinks allowed to buy back its debt at its poses: in reducing greenhouse gases in the atmos- asset value, the developing country (1) to preserve, maintain or restore phere, thus moderating potential global cli- would have to agree to place forty per- mate change; and the tropical forest of the beneficiary cent of that value, or twenty cents, ‘‘(C) regulating hydrological cycles on country through establishing parks into a fund to protect its tropical for- which far-flung agricultural and coastal re- and reserves; ests. sources depend. Under this option, there would be no (2) to develop and implement sci- ‘‘(3) International negotiations and assist- cost to the United States Government entifically sound systems of natural re- ance programs to conserve forest resources have proliferated over the past decade, but since the debt is being bought back at source management; (3) to provide training programs to the rapid rate of tropical deforestation con- its value as determined under the Fed- tinues unabated. eral Credit Reform Act of 1990. strengthen conservation institutions and the scientific, technical and mana- ‘‘(4) Developing countries with urgent Second, the bill authorizes a Debt needs for investment and capital for develop- Swap option under which a nonfederal gerial capacities of individuals and or- ment have allocated a significant amount of individual or organization would be ganizations involved in conservation; their forests to logging concessions. able to engage in Debt for Nature (4) to provide for restoration, protec- ‘‘(5) Poverty and economic pressures on the Swaps with lower income developing tion and sustainable use of diverse ani- populations of developing countries have, nations. These purchasers would work mal and plant species; over time, resulted in clearing of vast areas with the United States government, (5) to mitigate greenhouse gases in of forest for conversion to agriculture, which the atmosphere; is often unsustainable in the poor soils un- but would use their own funds to assist derlying tropical forests. these developing countries to reduce or (6) to develop and support individuals living in or near a tropical forest, in- ‘‘(6) Debt reduction can reduce economic buy back their bilateral debt owed to pressures on developing countries and result the United States Government in re- cluding the cultures of such individ- in increased protection for tropical forests. turn for their placing local currencies uals. ‘‘(b) PURPOSES.—The purposes of this part in a tropical forest fund. Oversight of this program would be are— Under this second option, there accomplished through expanding the ‘‘(1) to recognize the values received by would also be no cost to the United existing Enterprise for the Americas United States citizens from protection of Board by two federal and two non- tropical forests; States Government because the finan- ‘‘(2) to facilitate greater protection of cial assistance involved would come governmental representatives so that the Board would be composed of fifteen tropical forests (and to give priority to pro- from nongovernmental or private enti- tecting tropical forests with the highest lev- ties. members, eight of whom would rep- els of biodiversity and under the most severe Third, the bill authorizes a debt re- resent federal agencies involved in the threat) by providing for the alleviation of duction mechanism based upon the En- protection, restoration and sustainable debt in countries where tropical forests are terprise for the Americas Initiative. use of tropical forests and seven of located, thus allowing the use of additional Under the EAI Model, the developing whom would represent nongovern- resources to protect these critical resources country is allowed to place the interest mental organizations and experts en- and reduce economic pressures that have led on the reduced debt instrument in a gaged in these activities. to deforestation; This legislation provides an incentive ‘‘(3) to ensure that resources freed from tropical forest fund to be administered debt in such countries are targeted to pro- by a tropical forest board within that for the lower income developing na- tection of tropical forests and their associ- country. tions to repay their debt owed to the ated values; and When the third option is exercised, United States. Government. It protects ‘‘(4) to rechannel existing resources to fa- the bill authorizes appropriations to outstanding tropical forests through- cilitate the protection of tropical forests.

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1953 ‘‘SEC. 803. DEFINITIONS. whether a country is eligible to receive bene- outstanding as of January 1, 1998, as a result ‘‘As used in this part: fits under this part. of any credits extended under title I of the ‘‘(1) ADMINISTERING BODY.—The term ‘ad- ‘‘(2) CONGRESSIONAL NOTIFICATION.—The Agricultural Trade Development and Assist- ministering body’ means the entity provided President shall notify the appropriate con- ance Act of 1954 (7 U.S.C. 1701 et seq.) to a for in section 809(c). gressional committees of his intention to country eligible for benefits from the Facil- ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT- designate a country as an eligible country at ity. TEES.—The term ‘appropriate congressional least 15 days in advance of any formal deter- ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— committees’ means— mination. For the cost (as defined in section 502(5) of ‘‘(A) the Committee on International Rela- ‘‘SEC. 806. REDUCTION OF DEBT OWED TO THE the Federal Credit Reform Act of 1990) for tions and the Committee on Appropriations UNITED STATES AS A RESULT OF the reduction of any debt pursuant to this of the House of Representatives; and CONCESSIONAL LOANS UNDER THE section, there are authorized to be appro- ‘‘(B) the Committee on Foreign Relations FOREIGN ASSISTANCE ACT OF 1961. priated to the President— and the Committee on Appropriations of the ‘‘(a) AUTHORITY TO REDUCE DEBT.— ‘‘(A) $25,000,000 for fiscal year 1999; Senate. ‘‘(1) AUTHORITY.—The President may re- ‘‘(B) $50,000,000 for fiscal year 2000; and ‘‘(3) BENEFICIARY COUNTRY.—The term ‘ben- duce the amount owed to the United States ‘‘(C) $50,000,000 for fiscal year 2001. eficiary country’ means an eligible country (or any agency of the United States) that is ‘‘(b) IMPLEMENTATION OF DEBT REDUC- with respect to which the authority of sec- outstanding as of January 1, 1998, as a result TION.— tion 806(a)(1), section 807(a)(1), or paragraph of concessional loans made to an eligible ‘‘(1) IN GENERAL.—Any debt reduction pur- (1) or (2) of section 808(a) is exercised. country by the United States under part I of suant to subsection (a) shall be accomplished ‘‘(4) BOARD.—The term ‘Board’ means the this Act, chapter 4 of part II of this Act, or at the direction of the Facility by the ex- board referred to in section 811. predecessor foreign economic assistance leg- change of a new obligation for obligations of ‘‘(5) DEVELOPING COUNTRY WITH A TROPICAL islation. the type referred to in subsection (a) out- FOREST.—The term ‘developing country with ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— standing as of the date specified in sub- a tropical forest’ means— For the cost (as defined in section 502(5) of section (a)(1). ‘‘(A)(i) a country that has a per capita in- the Federal Credit Reform Act of 1990) for ‘‘(2) EXCHANGE OF OBLIGATIONS.— come of $725 or less in 1994 United States dol- the reduction of any debt pursuant to this ‘‘(A) IN GENERAL.—The Facility shall no- lars (commonly referred to as ‘low-income section, there are authorized to be appro- tify the Commodity Credit Corporation of an country’), as determined and adjusted on an priated to the President— agreement entered into under paragraph (1) annual basis by the International Bank for ‘‘(A) $25,000,000 for fiscal year 1999; with an eligible country to exchange a new Reconstruction and Development in its ‘‘(B) $75,000,000 for fiscal year 2000; and obligation for outstanding obligations. World Development Report; or ‘‘(C) $100,000,000 for fiscal year 2001. ‘‘(B) ADDITIONAL REQUIREMENT.—At the di- ‘‘(ii) a country that has a per capita in- ‘‘(3) CERTAIN PROHIBITIONS INAPPLICABLE.— rection of the Facility, the old obligations come of more than $725 but less than $8,956 in ‘‘(A) IN GENERAL.—A reduction of debt pur- that are the subject of the agreement shall 1994 United States dollars (commonly re- suant to this section shall not be considered ferred to as ‘middle-income country’), as de- be canceled and a new debt obligation shall assistance for purposes of any provision of be established for the country relating to the termined and adjusted on an annual basis by law limiting assistance to a country. the International Bank for Reconstruction agreement, and the Commodity Credit Cor- ‘‘(B) ADDITIONAL REQUIREMENT.—The au- poration shall make an adjustment in its ac- and Development in its World Development thority of this section may be exercised not- Report; and counts to reflect the debt reduction. withstanding section 620(r) of this Act or sec- ‘‘(c) ADDITIONAL TERMS AND CONDITIONS.— ‘‘(B) a country that contains at least one tion 321 of the International Development tropical forest that is globally outstanding The following additional terms and condi- and Food Assistance Act of 1975. tions shall apply to the reduction of debt in terms of its biological diversity or rep- ‘‘(b) IMPLEMENTATION OF DEBT REDUC- resents one of the larger intact blocks of under subsection (a)(1) in the same manner TION.— as such terms and conditions apply to the re- tropical forests left, on a continental or ‘‘(1) IN GENERAL.—Any debt reduction pur- global scale. duction of debt under section 604(a)(1) of the suant to subsection (a) shall be accomplished Agricultural Trade Development and Assist- ‘‘(6) ELIGIBLE COUNTRY.—The term ‘eligible at the direction of the Facility by the ex- country’ means a country designated by the ance Act of 1954 (7 U.S.C. 1738c): change of a new obligation for obligations of ‘‘(1) The provisions relating to repayment President in accordance with section 805. the type referred to in subsection (a) out- ‘‘(7) TROPICAL FOREST AGREEMENT.—The of principal under section 605 of such Act. standing as of the date specified in sub- ‘‘(2) The provisions relating to interest on term ‘Tropical Forest Agreement’ or ‘Agree- section (a)(1). ment’ means a Tropical Forest Agreement new obligations under section 606 of such ‘‘(2) EXCHANGE OF OBLIGATIONS.— Act. provided for in section 809. ‘‘(A) IN GENERAL.—The Facility shall no- ‘‘(8) TROPICAL FOREST FACILITY.—The term tify the agency primarily responsible for ad- ‘‘SEC. 808. AUTHORITY TO ENGAGE IN DEBT-FOR- ‘Tropical Forest Facility’ or ‘Facility’ NATURE SWAPS AND DEBT ministering part I of this Act of an agree- BUYBACKS. means the Tropical Forest Facility estab- ment entered into under paragraph (1) with ‘‘(a) LOANS AND CREDITS ELIGIBLE FOR lished in the Department of the Treasury by an eligible country to exchange a new obliga- SALE, REDUCTION, OR CANCELLATION.— section 804. tion for outstanding obligations. ‘‘(1) DEBT-FOR-NATURE SWAPS.— ‘‘(9) TROPICAL FOREST FUND.—The term ‘‘(B) ADDITIONAL REQUIREMENT.—At the di- ‘‘(A) IN GENERAL.—Notwithstanding any ‘Tropical Forest Fund’ or ‘Fund’ means a rection of the Facility, the old obligations other provision of law, the President may, in Tropical Forest Fund provided for in section that are the subject of the agreement shall accordance with this section, sell to any eli- 810. be canceled and a new debt obligation for the gible purchaser described in subparagraph ‘‘SEC. 804. ESTABLISHMENT OF THE FACILITY. country shall be established relating to the (B) any concessional loans described in sec- ‘‘There is established in the Department of agreement, and the agency primarily respon- tion 806(a)(1) or any credits described in sec- the Treasury an entity to be known as the sible for administering part I of this Act tion 807(a)(1), or on receipt of payment from ‘Tropical Forest Facility’ for the purpose of shall make an adjustment in its accounts to an eligible purchaser described in subpara- providing for the administration of debt re- reflect the debt reduction. graph (B), reduce or cancel such loans (or duction in accordance with this part. ‘‘(c) ADDITIONAL TERMS AND CONDITIONS.— credits) or portion thereof, only for the pur- ‘‘SEC. 805. ELIGIBILITY FOR BENEFITS. The following additional terms and condi- pose of facilitating a debt-for-nature swap to ‘‘(a) IN GENERAL.—To be eligible for bene- tions shall apply to the reduction of debt support eligible activities described in sec- fits from the Facility under this part, a under subsection (a)(1) in the same manner tion 809(d). country shall be a developing country with a as such terms and conditions apply to the re- ‘‘(B) ELIGIBLE PURCHASER DESCRIBED.—A tropical forest— duction of debt under section 704(a)(1) of this loan or credit may be sold, reduced, or can- ‘‘(1) whose government meets the require- Act: celed under subparagraph (A) only to a pur- ments applicable to Latin American or Car- ‘‘(1) The provisions relating to repayment chaser who presents plans satisfactory to the ibbean countries under paragraphs (1) of principal under section 705 of this Act. President for using the loan or credit for the through (5) and (7) of section 703(a) of this ‘‘(2) The provisions relating to interest on purpose of engaging in debt-for-nature swaps Act; and new obligations under section 706 of this Act. ‘‘(2) that has put in place major invest- to support eligible activities described in ‘‘SEC. 807. REDUCTION OF DEBT OWED TO THE section 809(d). ment reforms, as evidenced by the conclu- UNITED STATES AS A RESULT OF sion of a bilateral investment treaty with CREDITS EXTENDED UNDER TITLE I ‘‘(C) CONSULTATION REQUIREMENT.—Before the United States, implementation of an in- OF THE AGRICULTURAL TRADE DE- the sale under subparagraph (A) to any eligi- vestment sector loan with the Inter-Amer- VELOPMENT AND ASSISTANCE ACT ble purchaser described in subparagraph (B), ican Development Bank, World Bank-sup- OF 1954. or any reduction or cancellation under such ported investment reforms, or other meas- ‘‘(a) AUTHORITY TO REDUCE DEBT.— subparagraph (A), of any loan or credit made ures, as appropriate. ‘‘(1) AUTHORITY.—Notwithstanding any to an eligible country, the President shall ‘‘(b) ELIGIBILITY DETERMINATIONS.— other provision of law, the President may re- consult with the country concerning the ‘‘(1) IN GENERAL.—Consistent with sub- duce the amount owed to the United States amount of loans or credits to be sold, re- section (a), the President shall determine (or any agency of the United States) that is duced, or canceled and their uses for debt-

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1954 CONGRESSIONAL RECORD — SENATE March 13, 1998 for-nature swaps to support eligible activi- ‘‘(ii) one or more individuals appointed by Agreement under section 809 shall be re- ties described in section 809(d). the government of the beneficiary country; quired to establish a Tropical Forest Fund to ‘‘(D) AUTHORIZATION OF APPROPRIATIONS.— and receive payments of interest on new obliga- For the cost (as defined in section 502(5) of ‘‘(iii) individuals who represent a broad tions undertaken by the beneficiary country the Federal Credit Reform Act of 1990) for range of— under this part. the reduction of any debt pursuant to sub- ‘‘(I) environmental nongovernmental orga- ‘‘(b) REQUIREMENTS RELATING TO OPER- paragraph (A), amounts authorized to appro- nizations of, or active in, the beneficiary ATION OF FUND.—The following terms and priated under sections 806(a)(2) and 807(a)(2) country; conditions shall apply to the Fund in the shall be made available for such reduction of ‘‘(II) local community development non- same manner as such terms as conditions debt pursuant to subparagraph (A). governmental organizations of the bene- apply to an Enterprise for the Americas ‘‘(2) DEBT BUYBACKS.—Notwithstanding any ficiary country; and Fund under section 707 of this Act: other provision of law, the President may, in ‘‘(III) scientific or academic organizations ‘‘(1) The provision relating to deposits accordance with this section, sell to any eli- or institutions of the beneficiary country. under subsection (b) of such section. gible country any concessional loans de- ‘‘(B) ADDITIONAL REQUIREMENT.—A major- ‘‘(2) The provision relating to investments scribed in section 806(a)(1) or any credits de- ity of the members of the administering under subsection (c) of such section. scribed in section 807(a)(1), or on receipt of body shall be individuals described in sub- ‘‘(3) The provision relating to disburse- payment from an eligible country, reduce or paragraph (A)(iii). ments under subsection (d) of such section. cancel such loans (or credits) or portion ‘‘(3) RESPONSIBILITIES.—The requirements ‘‘SEC. 811. BOARD. thereof, only for the purpose of facilitating a contained in section 708(c)(3) of this Act (re- ‘‘(a) ENTERPRISE FOR THE AMERICAS debt buyback by an eligible country of its lating to responsibilities of the admin- BOARD.—The Enterprise for the Americas own qualified debt, only if the eligible coun- istering body) shall apply to an admin- Board established under section 610(a) of the try uses an additional amount of the local istering body described in paragraph (1) in Agricultural Trade Development and Assist- currency of the eligible country, equal to not the same manner as such requirements apply ance Act of 1954 (7 U.S.C. 1738i(a)) shall, in less than 40 percent of the price paid for such to an administering body described in sec- addition to carrying out the responsibilities debt by such eligible country, or the dif- tion 708(c)(1) of this Act. of the Board under section 610(c) of such Act, carry out the duties described in subsection ference between the price paid for such debt ‘‘(d) ELIGIBLE ACTIVITIES.—Amounts depos- (c) of this section for the purposes of this and the face value of such debt, to support ited in a Fund shall be used to provide grants part. eligible activities described in section 809(d). to preserve, maintain, and restore the trop- ‘‘(b) ADDITIONAL MEMBERSHIP.— ‘‘(3) TERMS AND CONDITIONS.—Notwith- ical forests in the beneficiary country, in- ‘‘(1) IN GENERAL.—The Enterprise for the standing any other provision of law, the cluding one or more of the following activities: Americas Board shall be composed of an ad- President shall, in accordance with this sec- ditional four members appointed by the tion, establish the terms and conditions ‘‘(1) Establishment, restoration, protection, and maintenance of parks, protected President as follows: under which loans and credits may be sold, ‘‘(A) Two representatives from the United reduced, or canceled pursuant to this sec- areas, and reserves. ‘‘(2) Development and implementation of States Government, including a representation. tive of the International Forestry Division of ‘‘(4) ADMINISTRATION.— scientifically sound systems of natural re- source management, including land and eco- the United States Forest Service. ‘‘(A) IN GENERAL.—The Facility shall no- ‘‘(B) Two representatives from private non- tify the administrator of the agency pri- system management practices. ‘‘(3) Training programs to strengthen con- governmental environmental, scientific, and marily responsible for administering part I academic organizations with experience and of this Act or the Commodity Credit Cor- servation institutions and increase scientific, technical, and managerial capacities expertise in preservation, maintenance, and poration, as the case may be, of eligible pur- restoration of tropical forests. chasers described in paragraph (1)(B) that of individuals and organizations involved in conservation efforts. ‘‘(2) CHAIRPERSON.—Notwithstanding sec- the President has determined to be eligible tion 610(b)(2) of the Agricultural Trade De- under paragraph (1), and shall direct such ‘‘(4) Restoration, protection, or sustainable use of diverse animal and plant species. velopment and Assistance Act of 1954 (7 agency or Corporation, as the case may be, U.S.C. 1738i(b)(2)), the Enterprise for the to carry out the sale, reduction, or cancella- ‘‘(5) Mitigation of greenhouse gases in the atmosphere. Americas Board shall be headed by a chair- tion of a loan pursuant to such paragraph. person who shall be appointed by the Presi- ‘‘(B) ADDITIONAL REQUIREMENT.—Such ‘‘(6) Development and support of the liveli- hoods of individuals living in or near a trop- dent from among the representatives ap- agency or Corporation, as the case may be, pointed under section 610(b)(1)(A) of such Act shall make an adjustment in its accounts to ical forest, including the cultures of such individuals, in a manner consistent with pro- or paragraph (1)(A) of this subsection. reflect the sale, reduction, or cancellation. ‘‘(c) DUTIES.—The duties described in this tecting such tropical forest. ‘‘(b) DEPOSIT OF PROCEEDS.—The proceeds subsection are as follows: ‘‘(e) GRANT RECIPIENTS.— from the sale, reduction, or cancellation of ‘‘(1) Advise the Secretary of State on the ‘‘(1) IN GENERAL.—Grants made from a any loan sold, reduced, or canceled pursuant Fund shall be made to— negotiations of Tropical Forest Agreements. to this section shall be deposited in the ‘‘(A) nongovernmental environmental, con- ‘‘(2) Ensure, in consultation with— United States Government account or ac- servation, and indigenous peoples organiza- ‘‘(A) the government of the beneficiary counts established for the repayment of such tions of, or active in, the beneficiary coun- country, loan. try; ‘‘(B) nongovernmental organizations of the ‘‘SEC. 809. TROPICAL FOREST AGREEMENT. ‘‘(B) other appropriate local or regional en- beneficiary country, ‘‘(C) nongovernmental organizations of the ‘‘(a) AUTHORITY.— tities of, or active in, the beneficiary country; and region (if appropriate), ‘‘(1) IN GENERAL.—The Secretary of State is ‘‘(D) environmental, scientific, and aca- authorized, in consultation with other appro- ‘‘(C) in exceptional circumstances, the government of the beneficiary country. demic leaders of the beneficiary country, and priate officials of the Federal Government, ‘‘(E) environmental, scientific, and aca- ‘‘(2) PRIORITY.—In providing grants under to enter into a Tropical Forest Agreement demic leaders of the region (as appropriate), with any eligible country concerning the op- paragraph (1), priority shall be given to eration and use of the Fund for that country. projects that are run by nongovernmental that a suitable administering body is identi- ‘‘(2) CONSULTATION.—In the negotiation of organizations and other private entities and fied for each Fund. such an Agreement, the Secretary shall con- that involve local communities in their plan- ‘‘(3) Review the programs, operations, and sult with the Board in accordance with sec- ning and execution. fiscal audits of each administering body. tion 811. ‘‘(f) REVIEW OF LARGER GRANTS.—Any ‘‘SEC. 812. CONSULTATIONS WITH THE CON- grant of more than $100,000 from a Fund shall GRESS. ‘‘(b) CONTENTS OF AGREEMENT.—The re- be subject to veto by the Government of the ‘‘The President shall consult with the ap- quirements contained in section 708(b) of this United States or the government of the bene- propriate congressional committees on a Act (relating to contents of an agreement) ficiary country. periodic basis to review the operation of the shall apply to a Agreement in the same man- ‘‘(g) ELIGIBILITY CRITERIA.—In the event Facility under this part and the eligibility of ner as such requirements apply to an Amer- that a country ceases to meet the eligibility countries for benefits from the Facility icas Framework Agreement. requirements set forth in section 805(a), as under this part. ‘‘(c) ADMINISTERING BODY.— determined by the President pursuant to sec- ‘‘SEC. 813. ANNUAL REPORTS TO THE CONGRESS. ‘‘(1) IN GENERAL.—Amounts disbursed from tion 805(b), then grants from the Fund for ‘‘(a) IN GENERAL.—Not later than Decem- the Fund in each beneficiary country shall that country may only be made to non- ber 31 of each fiscal year, the President shall be administered by a body constituted under governmental organizations until such time prepare and transmit to the Congress an an- the laws of that country. as the President determines that such coun- nual report concerning the operation of the ‘‘(2) COMPOSITION.— try meets the eligibility requirements set Facility for the prior fiscal year. Such report ‘‘(A) IN GENERAL.—The administering body forth in section 805(a). shall include— shall consist of— ‘‘SEC. 810. TROPICAL FOREST FUND. ‘‘(1) a description of the activities under- ‘‘(i) one or more individuals appointed by ‘‘(a) ESTABLISHMENT.—Each beneficiary taken by the Facility during the previous the United States Government; country that enters into a Tropical Forest fiscal year;

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1955 ‘‘(2) a description of any Agreement en- from fundamental trends in our inter- the importance of far-sighted, creative tered into under this part; national economy. As the nations debt management programs for devel- ‘‘(3) a report on any Funds that have been whose borders contain important oping economies. The accumulation of established under this part and on the oper- rainforests take their place in the unmanageable debt burdens threatens ations of such Funds; and both the stability of the international ‘‘(4) a description of any grants that have world market, they face increasing in- been provided by administering bodies pursu- centives to turn their rainforests into economy and the health of our planet’s ant to Agreements under this part. cash crops—cutting them for lumber, ecology. ‘‘(b) SUPPLEMENTAL VIEWS IN ANNUAL RE- clearing them for croplands—trading At the margin, but in important PORT.—Not later than December 15 of each the long-term global benefits of ways, the legislation we are intro- fiscal year, each member of the Board shall rainforests for short-term needs. ducing today addresses both of those be entitled to receive a copy of the report re- Not just the lumber and agricultural concerns, and weakens the link be- quired under subsection (a). Each member of markets offer short-term local gains in tween the burden of developing country the Board may prepare and submit supple- debt and the wasting of our rainforests. mental views to the President on the imple- exchange for long-term global costs. The explosion of international capital I am pleased to see that the House mentation of this part by December 31 for in- companion to this legislation is al- clusion in the annual report when it is trans- flows has brought the benefits and dan- mitted to Congress pursuant to this sec- gers of debt to many nations with ready moving in the International Re- tion.’’. rainforests. To manage debt owed to lations Committee. I look forward to Mr. BIDEN. Mr. President, I am nations such as the United States, working with Senator LUGAR and all pleased to join today with my good these nations turn to their rainforests my colleagues on both sides of the aisle friend, the distinguished senior Sen- for quick cash. However appropriate here in the Senate. Mr. CHAFEE. Mr. President, I am ator from Indiana, to introduce impor- their borrowing may be—who among us pleased to be here today with my dis- tant legislation that will benefit all here does not use debt to finance a tinguished colleagues to introduce the house, a car, an education?—that Americans by helping— in important Tropical Forest Conservation Act of ways—both our global environment choice has consequences for the whole 1998. This bipartisan legislation ad- and our global economy. planet. dresses one of the most important glob- I first became interested in this issue So we have the convergence of two al environmental issues today—the almost ten years ago, when the world’s important global trends—the cutting of protection and preservation of tropical attention was focused on an inter- rainforests, and the spread of inter- rain forests. national debt crisis, much of it cen- national debt. Since 1950 the world has lost as much tered in Latin American countries. At Ten years ago, when these trends as half of its tropical forests, and the that same time, we were beginning to were at a much earlier stage, I brought destruction is continuing unabated. understand the crucial role that trop- the idea of debt-for-nature swaps to The most comprehensive survey of ical rainforests—all over the world— Senator LUGAR, who agreed that we global deforestation estimated that, play in our own lives here in the faced a classic public policy problem: last year alone, we lost more than 30 United States. short-term, local incentives to engage million acres of tropical rain forest— Tropical rainforests are among the in behavior that has long-term, global an area the size of the State of Wash- most complex and fundamental compo- costs. That is why we introduced the ington. This is a devastating loss be- nents of our planet’s ecology. These first legislation that facilitated debt- cause of the potential biological im- natural wonders affect the global cli- for-nature swaps. That legislation was pacts deforestation can have both re- mate through their influence on rain- signed into law in 1989. gionally and globally. fall patterns, which in turn makes The following year, we made debt- Tropical forests contain the world’s them the sources of some of the world’s for-nature swaps part of President richest stores of biological diversity, greatest rivers, which in its turn af- Bush’s Enterprise for the Americas and their health is essential for life on fects farmlands and coastal fisheries Act. Since then, $154 million in devel- Earth. Scientists estimate that more all over the world. oping country debt has been restruc- than 50 percent of the Earth’s terres- Tropical rainforests are also the rich- tured into environmental protection trial biological diversity is contained est environments for all forms of life— programs in Latin America. within these forests, which account for they harbor the greatest biodiversity The legislation I am introducing here less than 2 percent of the planet’s land of any ecosystem. With increasing fre- today, with Senator LUGAR, Senator surface. Almost 40 percent of all terres- quency, we find there the chemicals CHAFEE, Senator LEAHY, and my other trial plants and at least 25 percent of that go into new medicines, more ro- distinguished colleagues, will expand terrestrial vertebrate species are en- bust food crops, and other direct eco- the techniques of debt-for-nature ex- demic to these areas. That is, they are nomic applications of the rainforests’ changes to meet a wider variety of fi- found no where else on Earth. Consider riches. nancial situations, and will include that in the Tropical Andes region We may picture rainforests as among qualified countries in every part of the alone, there are 320 species of endemic the most primitive environments—with world. birds, 558 species of endemic reptiles climate and wildlife left over from the In essence, we arrange for the repay- and amphibians, and 20,000 species of beginnings of time. But it is only now, ment of sovereign debt owed by endemic plants. Moreover, many of with the accelerating integration of qualfied countries to the United these species are found only in a small the global economy and the realization States, in exchange for their commit- area of the forests. And as the forests that burning fossil fuels can alter our ment to use the savings to establish are destroyed, Mr. President, the spe- planets weather, that we recognize local trust funds to protect their cies are permanently lost through ex- that rainforests must be preserved if rainforests. We gain the environmental tinction. we want to protect our modern way of protection that would otherwise not Tropical forests also function as car- life. occur, they reduce their foreign ex- bon ‘‘sinks,’’ storing greenhouse gasses The accumulation of over one hun- change and debt burdens. It’s a classic that could otherwise contribute to dred years of man-made greenhouse win-win deal. global climate change. While there are gases from the industrial world is now Two of the options allow us to trans- still many scientific uncertainties re- joined by the increasing emissions of form debt owed to the United States lated to climate change, it is undeni- industrializing nations, accelerating into funds to protect the world’s able that atmospheric carbon dioxide the threat of global climate change. rainforests at no cost to the Treasury. levels are rising rapidly. A significant Rainforests absorb the carbon dioxide The third option, for the poorest na- number of scientists believe that hu- that can change our climate, and that tions of the world, provides funds to mans have already influenced our glob- would change every assumption we subsidize the debt exchange—and the al climate. In order to lessen the risks have about how what our future will rainforest protection—that they could associated with this change, such as be. not otherwise afford. sea level rise, extreme weather condi- But these crucially important As we watch with concern the devel- tions, and higher average tempera- rainforests are under increasing threat opments in Asia, Mr. President, we see tures, it is important that the United

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1956 CONGRESSIONAL RECORD — SENATE March 13, 1998 States join with other nations to take countries would establish funds in Protection of these tropical forests preventative action. Protecting our their local currency to preserve and re- also gives us with an opportunity to tropical rain forests, and thus pre- store tropical forests. To ensure ac- address one of the most critical global serving their vital function of reducing countability, funds shall be adminis- environmental issues facing us in the greenhouse gases in the atmosphere, is tered and overseen by U.S. Government next century—global climate change. one such action. officials, environmental nongovern- These forests serve important carbon These forests are important to mental organizations active in the ben- sinks which store greenhouse gases and human health in other ways. They har- eficiary country, and scientific or aca- help regulate global temperatures. bor many of the biological resources demic organizations. If we are going to reap these benefits that are used in life-saving medicines, To qualify for assistance, countries though, we have to let nature do its and provide the genetic sources to revi- must meet the criteria established by work. This requires creative ap- talize agricultural crops that supply Congress under EAI, including that the proaches to offer incentives to these most of the world’s food. They signifi- government must be democratically developing countries to conserve forest cantly affect rainfall, and therefore the elected, has not provided support for resources for theirs, and our, children health of crops and coastal resources acts of international terrorism, is not and grandchildren. The Tropical Forest worldwide. failing to cooperate on international Conservation Act will help stem the narcotics control matters, and does not Many of the world’s tropical forests rapid rate of deforestation and deg- participate in a consistent pattern of are located in developing countries radation of these sensitive ecosystems. that, since the international debt crisis gross violations of internationally recognized human rights. As a Vermonter, I respect the impor- of the 1970s, have been unable to repay tance of forests and the tough decisions loans to foreign lenders. These coun- Mr. President, I believe this is an important bill that, if passed, will go a which often have to be made in order tries are in need of hard currency, and to preserve them. I believe that this to come up with cash, they have re- long way to helping protect some of the world’s most ecologically sensitive bill will make those tough decisions sorted to exploiting their natural re- easier for countries which possess some sources with little regard for environ- and vital areas. The Tropical Forest Conservation Act promotes debt reduc- of our world’s most precious re- mental planning. Vast areas of tropical sources—tropical forests. forests are destroyed each year for log- tion, investment reforms, community based conservation, and sustainable ging, agriculture and livestock oper- By Mr. HATCH (for himself, Mr. ations. This trend will continue as debt use of the environment. It has the support of numerous environmental orga- CAMPBELL, Mr. MCCAIN, Mr. continues to mount. ABRAHAM, Mr. DOMENICI, Mr. Mr. President, the Tropical Forest nizations, including Conservation International, the Nature Conservancy, GRASSLEY, and Mrs. Conservation Act would help turn the HUTCHISON): tide against this deforestation. This and the World Wildlife Fund. I urge my colleagues here in the Senate to sup- S. 1759. A bill to grant a Federal legislation builds upon President charter to the American GI Forum of Bush’s Enterprise for the Americas Ini- port the legislation as well. Mr. LEAHY. Mr. President, I am the United States; to the Committee tiative, or EAI. EAI created a system pleased to join Senators LUGAR, BIDEN, on the Judiciary. by which Latin American and and CHAFEE in introducing the ‘‘Trop- Carribean governments could restruc- THE AMERICAN G.I. FORUM FEDERAL CHARTER ical Forest Conservation Act of 1998.’’ ACT OF 1998 ture some of their official debt to the This legislation embodies a motto we United States, while channeling local Mr. HATCH. Mr. President, I rise take to heart in Vermont: ‘‘Act Lo- today, on behalf of myself and a num- currency into funds to support environ- cally, Think Globally.’’ From our cam- mental and child development pro- ber of my colleagues—Senators CAMP- paign to ban landmines, Vermonters BELL, MCCAIN, ABRAHAM, DOMENICI, grams. again learned the power of this maxim. Using so-called ‘‘debt-for-nature GRASSLEY, and HUTCHISON—to intro- Vermonters understand the social, duce a bill to grant a federal charter to swaps,’’ EAI restructured bilateral debt economic and environmental impacts to provide $154 million to environ- the American GI Forum a National of deforestation. We started this cen- Veterans Family Organization. mental trust funds in Latin America. tury with 75 percent of Vermont Under these swaps, a nation’s debt is The American GI Forum, a nonprofit forestland cleared for agriculture. Section 501(c)(4) corporation, was modified, rescheduled, or written off, Today, more than 80 percent of founded on March 26, 1948, in Corpus in return for the borrower nation’s Vermont is forested. Rebuilding our Christi, Texas by the late Dr. Hector P. commitment of its own currency to- forests and the Vermont tradition of Garcia, a medical doctor who was an wards local conservation. The legisla- living close to the land has helped Army veteran of World War II, and tion before us today would utilize this Vermonters recognize that our healthy other visionary Mexican American vet- same principle, but would focus exclu- forests are a valued legacy which holds erans. This year, 1998, the American GI sively on tropical forest conservation the key to achieving prosperity. This is Forum will celebrate its 50th Year of and extend eligibility to include coun- the purpose of the Tropical Forest Con- service to our Nation’s veterans and tries in Africa and Asia. servation Act of 1998. The Tropical Forest Conservation The Tropical Forest Conservation their families. Then, as now, the Amer- Act would authorize $325 million over Act will authorize more than $350 mil- ican GI Forum is dedicated to address- three years to be used for debt-for-na- lion over three years to enable devel- ing issues affecting Hispanic veterans ture swaps with developing countries oping countries to restructure their and their families. that have forests with the greatest bio- debt and use the new resources to pro- As the American GI Forum enters its diversity and the highest risk of tect their tropical forests. The Tropical 50th Year, we believe it is fitting to se- threat. The bill assists countries with Forest Conservation Act of 1998 gives cure passage of this important legisla- tropical forests that are globally out- each country the power to protect its tion which would recognize and grant standing in terms of their biodiversity, own resources without having to risk the American GI Forum a federal char- and applies to any lesser developed the health of its forests. ter. A federal charter is an honorary country with tropical forests and quali- Many developing countries have re- recognition that does not convey any fied U.S. debt. The authorized amount sorted to rapid development, including special status or authority. However, would be used to compensate the clear-cutting and slash-and-burn strip- within the veterans community a fed- Treasury Department for any revenues ping of tropical forests, as ways to try eral charter is deemed to be recogni- lost due to the restructuring of out- to escape their debts. These forests tion of a national veterans organiza- standing debt. contain a majority of the Earth’s bio- tion’s commitment and service to our This legislation gives the President logical resources which provide the in- nation’s veterans. Also, other entities authority to reduce debt owed to the gredients for many lifesaving medi- sometimes distinguish between Vet- United States as a result of any credit cines as well as providing us with the erans Service Organizations which are extended through specific loan pro- genetic sources to maintain healthy congressionally-chartered and those grams. In exchange, the developing agricultural crops. which are not. For example, the web

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1957 page of the House Committee on Vet- 61, a bill to amend title 46, United S. 1711 erans’ Affairs separately lists ‘‘Con- States Code, to extend eligibility for At the request of Mrs. HUTCHISON, the gressionally-Chartered Veterans Serv- veterans’ burial benefits, funeral bene- name of the Senator from Arizona (Mr. ice Organizations’’ and ‘‘Other Vet- fits, and related benefits for veterans of KYL) was added as a cosponsor of S. erans Service organizations and Mili- certain service in the United States 1711, a bill to amend the Internal Rev- tary Associations’’ (http:// merchant marine during World War II. enue Code of 1986 to eliminate the mar- www.house.gov/va/vetlinks.htm). S. 411 riage penalty tax, to increase the in- A congressional charter would prove At the request of Mrs. HUTCHISON, the come levels for the 15 and 28 percent an appropriate tribute to the selfless name of the Senator from Hawaii (Mr. tax brackets, to provide a 1-year hold- sacrifices and tireless work of their be- INOUYE) was added as a cosponsor of S. ing period for long-term capital gains, loved Founder, Dr. Garcia, and the 411, a bill to amend the Internal Rev- to index capital assets for inflation, to countless Hispanic Americans who enue Code of 1986 to provide a tax cred- reduce the highest estate tax rate to 28 have answered and continue to answer it for investment necessary to revi- percent, and for other purposes. America’s call to fight for and defend talize communities within the United S. 1737 the freedom of all Americans. Having States, and for other purposes. At the request of Mr. MACK, the earned the highest number of medals of S. 1194 names of the Senator from Colorado honor per capita, Hispanic Americans At the request of Mr. KYL, the name (Mr. ALLARD), and the Senator from have a distinguished record of valor of the Senator from Utah (Mr. HATCH) New Hampshire (Mr. SMITH) were added and patriotism. was added as a cosponsor of S. 1194, a as cosponsors of S. 1737, a bill to amend Today, the American GI Forum has bill to amend title XVIII of the Social the Internal Revenue Code of 1986 to more than 500 chapters in the United Security Act to clarify the right of provide a uniform application of the States and Puerto Rico. Though pre- medicare beneficiaries to enter into confidentiality privilege to taxpayer dominately Hispanic, the AGIF is open private contracts with physicians and communications with federally author- to all veterans and their families. The other health care professionals for the ized practitioners. organization is comprised of three ele- provision of health services for which SENATE CONCURRENT RESOLUTION 78 ments—the Veterans Forum, the Wom- no payment is sought under the medi- At the request of Mr. SPECTER, the en’s Forum, and the Youth Forum. On care program. name of the Senator from Virginia (Mr. a local level, American GI Forum chap- ROBB) was added as a cosponsor of Sen- ters function under a regional and/or a S. 1305 ate Concurrent Resolution 78, a concur- state structure. The elected officers of At the request of Mr. GRAMM, the rent resolution relating to the indict- each state organization serve as mem- name of the Senator from Illinois (Ms. ment and prosecution of Saddam Hus- bers of the National Board of Directors. MOSELEY-BRAUN) was added as a co- sein for war crimes and other crimes The National Commander and other sponsor of S. 1305, a bill to invest in the against humanity. National officers are elected at our Na- future of the United States by doubling At the request of Mr. LAUTENBERG, tional Convention and are also mem- the amount authorized for basic sci- his name was added as a cosponsor of bers of the National Board of Directors. entific, medical, and pre-competitive The patriotism of this community, engineering research. Senate Concurrent Resolution 78, supra. and their willingness to make daily S. 1325 sacrifices and even the ultimate sac- At the request of Mr. FRIST, the AMENDMENT NO. 1397 rifice to preserve the freedoms we all names of the Senator from Kansas (Mr. At the request of Mr. BYRD, the name enjoy is inspiring, and deserves our ROBERTS) and the Senator from Con- of the Senator from Vermont (Mr. JEF- support, recognition and gratitude. On necticut (Mr. LIEBERMAN) were added FORDS) was added as a cosponsor of behalf of my colleagues and myself, I as cosponsors of S. 1325, a bill to au- amendment No. 1397 intended to be pro- urge you to join us in sponsoring this thorize appropriations for the Tech- posed to S. 1173, a bill to authorize legislation to grant a federal charter to nology Administration of the Depart- funds for construction of highways, for this deserving organization. ment of Commerce for fiscal years 1998 highway safety programs, and for mass and 1999, and for other purposes. transit programs, and for other pur- By Mr. LEVIN: S. 1391 poses. S. 1760. A bill to amend the National At the request of Mrs. MURRAY, the f Sea Grant College Program Act to clar- name of the Senator from Illinois (Ms. ify the term Great Lakes; to the Com- ADDITIONAL STATEMENTS MOSELEY-BRAUN) was added as a co- mittee on Commerce, Science, and sponsor of S. 1391, a bill to authorize Transportation. the President to permit the sale and WOMEN’S HEALTH RESEARCH AND GREAT LAKES LEGISLATION export of food, medicines, and medical PREVENTION AMENDMENTS OF Mr. LEVIN. Mr. President, I ask equipment to Cuba. 1998 unanimous consent that the text of the At the request of Mr. DODD, the name ∑ Mr. DODD. Mr. President, I wish to bill be printed in the RECORD. of the Senator from Washington (Mrs. There being no objection, the bill was express my support for S. 1722, ‘‘The MURRAY) was added as a cosponsor of Women’s Health Research and Preven- ordered to be printed in the RECORD, as S. 1391, supra. follows: tion Amendments of 1998.’’ I commend S. 1605 S. 1760 Senator FRIST for his introduction of At the request of Mr. CAMPBELL, the Be it enacted by the Senate and House of Rep- this legislation and am pleased to join resentatives of the United States of America in name of the Senator from Virginia (Mr. him as a co-sponsor. Congress assembled, ROBB) was added as a cosponsor of S. Women’s health programs adminis- After every place in the National Sea 1605, a bill to establish a matching tered by the National Institutes of Grant College Program Act (33 U.S.C. 1121 et grant program to help States, units of Health and the Centers for Disease seq.) where the term Great Lakes appears in- local government, and Indian tribes to Control and Prevention play a critical sert: ‘‘and Lake Champlain.’’ purchase armor vests for use by law en- role in ensuring that the extraordinary Strike section 203(5) of the National Sea forcement officers. Grant College Program Act (33 U.S.C. 1122) scientific advances of our nation don’t and renumber the following paragraphs ac- S. 1621 sit on the shelf, but are actually used cordingly. At the request of Mr. GRAMS, the to improve lives. f name of the Senator from Alabama The last few years have brought as- (Mr. SESSIONS) was added as a cospon- tonishing new developments in wom- ADDITIONAL COSPONSORS sor of S. 1621, a bill to provide that cer- en’s health research. Medical research- S. 61 tain Federal property shall be made ers have now located the genetic At the request of Mr. LOTT, the name available to States for State use before mutations that predispose women to of the Senator from Missouri (Mr. being made available to other entities, certain types of breast cancer—knowl- BOND) was added as a cosponsor of S. and for other purposes. edge that may lead to more effective

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1958 CONGRESSIONAL RECORD — SENATE March 13, 1998 treatment of this devastating disease. process that keeps out those who test operates the nation’s second largest And through the CDC, a recent initia- positive with HIV, those who have hep- public transportation system. And, of tive focused on the prevention and atitis, and those with unhealthy cells course, O’Hare International Airport is early detection of breast and cervical on their corneas. the busiest in the world. cancer is already saving lives. In just Those are just a few of the reasons Unfortunately, Illinois’ urban roads the year since this program was begun why many corneas are unsuitable for have been rated as the second worst in in Connecticut, over 19,000 women re- transplantation. But the corneas from the nation. And, the six-county Chi- ceived free screening for breast can- these donors are used. They are used in cago region is considered the fifth most cer—and 15 cases were caught early other very important ways. They are congested area in the U.S. while they were still treatable. Over used for research and surgical training, This ISTEA reauthorization is a good 1,000 women were checked for cervical and other medical education. first step toward improving the condi- cancer—and 8 cases were detected. It’s because of this screening process tions of Illinois’ roads and bridges, We’ve taken a number of important that I just described that eye trans- properly funding mass transit in Chi- steps toward improving women’s plant operations have such an incred- cago and downstate, alleviating con- health, but we must continue to sup- ible success rate—over 90 percent. gestion, and addressing highway safety port and sustain these programs if we This screening process and this rate and the environment. are to truly reap the benefits of our of success, however, require a greater The bill provides $173 billion over six initial investments. This bill clearly is number of donations. If we could in- years for highway, highway safety, and a good start. crease the number of eyes donated to other surface transportation programs. I am concerned that some critical eye banks, we could take care of the Illinois can expect to receive more areas of women’s health have been 4,545 patients who are still waiting for than $5.3 billion over six years from the omitted from the bill. We would be re- corneal transplants today, as well as highway formula, as well as from the miss if issues so important to women’s the 40,000 people who join their ranks high density and the bonus programs. health, such as sexually transmitted every year. That’s a 29 percent increase or $1.2 bil- diseases and reproductive health were Mr. President, as I said, this kind of lion more than the ISTEA of 1991. neglected. However, I know that Sen- surgery really works. In the 37 years Major reconstruction and rehabilita- ator FRIST has indicated his willing- since the founding of the Eye Bank As- tion projects like Downtown Chicago’s ness to continue the dialogue and to sociation of America, EBBA-member Wacker Drive and the Stevenson Ex- work with members of the Labor Com- eye banks have made possible over half pressway (I–55) will be able to move mittee to include these programs prior a million corneal transplants. forward thanks, in large part, to this to markup. But there simply aren’t enough eye legislation. This legislation is the continuation donors. The only solution is public edu- Mass transit funding is vitally impor- of a commitment that we have made to cation—making the American people tant to the Chicago area as well as to women and our nation and makes a aware of what we can do to help out. so many downstate communities. It sound and intelligent investment in That’s what National Eye Donor helps alleviate congestion and provides the long term health of this country. I Month is all about. This month, let’s access to thousands of Illinoisans ev- again offer my support and urge swift recommit ourselves—as a nation—to eryday. Under the Banking Committee consideration of this bill.∑ giving the gift of sight to our fellow title, Illinois can expect to receive $2.1 f citizens.∑ billion over six years. A 40 percent in- f crease or $600 million more than the NATIONAL EYE DONOR MONTH 1991 ISTEA. These important transit INTERMODAL SURFACE TRANS- ∑ Mr. DEWINE. Mr. President, this dollars will help the Chicago Transit month—March 1998—is National Eye PORTATION EFFICIENCY ACT, S. Authority rehabilitate several lines, Donor Month. The purpose of National 1173 the METRA and PACE systems in Eye Donor Month is simple: It is to ∑ Mr. DURBIN. Mr. President, on Northeastern Illinois expand and im- alert each and every American family Thursday the Senate overwhelmingly prove their service areas, the Metro to the terrific opportunity each of us approved reauthorization of the Inter- Link light rail system in St. Clair has to make a difference in someone modal Surface Transportation Effi- County complete an Illinois extension, else’s life. ciency Act (ISTEA). I want to take this and transit authorities throughout the Many Americans don’t realize that opportunity to explain the benefits of state purchase and upgrade bus and bus they have it in their power to give this legislation for the State of Illinois. facilities. somebody else the ability to see. But First, let me offer my congratula- The Senate bill also preserves and ex- it’s true. If you declare now that after tions and also say thank you to Sen- pands some important environmental your passing, you want your eyes to be ators CHAFEE and BAUCUS for their ex- and enhancement programs, for exam- donated to an eye bank, your eyes can traordinary work in bringing this bill ple the Congestion Mitigation and Air become someone else’s gift of sight. to the floor and shepherding it through Quality (CMAQ) program and bicycle Mr. President, this is a great oppor- in record time. The final product, S. pedestrian facilities. CMAQ’s goal is to tunity. Indeed, it is a great responsi- 1173, reflects their diligent work and help states meet their air quality con- bility—one that all of us should take profound understanding of our nation’s formity requirements as prescribed by very, very seriously. diverse transportation needs. the Clean Air Act. S. 1173 increases According to the most recent statis- Illinois is a vitally important link in funding for CMAQ by 18 percent. Illi- tics, over 4,000 Americans are waiting our nation’s transportation system. My nois can expect more than $1 billion for a corneal transplant—an operation colleague, Senator CAROL MOSELEY- over six years under the program. S. that can restore the gift of sight. These BRAUN, who has helped lead an impor- 1173 also provides for increases in funds Americans could have this operation tant effort to improve this bill to re- for transportation enhancement activi- today—if only there were enough do- flect Illinois’ needs, has referred to the ties, such as bicycle pedestrian facili- nated eyes available. State as the ‘‘Transportation Hub of ties and historic preservation. The purpose of National Eye Donor the Nation.’’ I couldn’t agree more. This bill also contains a number of Month is to remind Americans that we Illinois has the third largest Inter- highway safety provisions. One of the can make those corneas available. state system in the nation. It is a crit- most notable is the .08 amendment. Every year, thousands of Americans ical freight transfer point. The Chicago Thanks to the efforts of Senators LAU- donate their eyes to eye banks. In 1996, area boasts of the nation’s largest TENBERG and DEWINE, S. 1173 contains over 87,000 eyes were donated—and over intermodal hub. Illinois is also a pas- a provision that would lower the legal 43,000 transplants were performed. senger and freight rail hub. The State’s blood-alcohol concentration level for Now, these numbers need some exports handle the third largest amount drivers to .08. It’s a law that Illinois plaining. That seems like a pretty sub- of domestic waterborne traffic. Illinois’ has had on the books since July 1997. stantial disparity. But there’s a good rivers are the fourth busiest in the na- The provision could save as many as reason for it—a very strict screening tion. The Chicago Transit Authority 600 lives a year.

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1959 Finally, the Senate ISTEA bill ex- wide development of peaceful nuclear (6) understand that willful falsification of tends the current excise tax exemption activities and the export by any nation information within the affidavit may lead to for an important Illinois product— of nuclear materials, equipment, and disciplinary action, including termination of corn-based, renewable ethanol fuel—to nuclear technology intended for the employment, and the recovery of the cost of benefits received related to such falsifica- 2007. Farmers and the ethanol industry use in peaceful nuclear activities did tion; and must be able to plan for the future. Ex- not contribute to proliferation of weap- (7) are same sex domestic partners, and not tending the incentive will allow them ons of mass destruction. related in a way that, if the 2 were of oppo- to do so. An area in which Senator Ribicoff site sex, would prohibit legal marriage in the Mr. President, the Senate’s action on and I shared a great interest is that of State in which they reside. ISTEA sets the stage for Congress to federal regulation and how to make it (c) DISSOLUTION OF PARTNERSHIP.— uphold its obligation to reauthorize more effective, and at the same time, (1) IN GENERAL.—An employee or domestic these vitally important transportation less burdensome. On July 26, 1975, Sen- partner of an employee who obtains benefits programs before they expire again later ate Resolution 71, introduced by Sen- under this Act shall file a statement of dissolution of the domestic partnership with this spring. I look forward to working ator Ribicoff and Senator GLENN, was the Office of Personnel Management not with my colleagues to ensure that our agreed to by the Committee. This reso- later than 30 days after the death of the em- nation’s transportation needs are prop- lution authorized a study of Federal ployee or the domestic partner or the date of erly met.∑ regulatory agencies to be undertaken dissolution of the domestic partnership. f jointly by the Committee on Com- (2) DEATH OF EMPLOYEE.—In a case in which merce and the Committee on Govern- an employee dies, the domestic partner of REMEMBERING SENATOR ment Operations. The first two of these the employee at the time of death shall be ABRAHAM RIBICOFF studies which the Committee on Gov- deemed a spouse of the employee for the purpose of receiving benefits under this Act. ∑ Mr. THOMPSON. Mr. President, I ernment Operations compiled were en- want to take this opportunity to talk (3) OTHER DISSOLUTION OF PARTNERSHIP.— titled ‘‘Study on Federal Regulation: (A) IN GENERAL.—In a case in which a do- about a man who served the people of The Regulatory Appointment Process,’’ mestic partnership dissolves by a method Connecticut and America with dignity, and ‘‘Study on Federal Regulation: other than death of the employee or domes- honor and great style. Abraham Congressional Oversight of Executive tic partner of the employee, any benefits re- Ribicoff spent most of his life in the Agencies.’’ These two studies set the ceived by the domestic partner as a result of public service. Before he became a Sen- groundwork for the regulatory reform this Act shall terminate. ator in 1962, he was a Congressman, the work that the committee undertook at (B) EXCEPTION.—In a case in which a domestic partnership dissolves by a method Governor of Connecticut, and the Sec- that time and which we continue to retary of Health, Education, and Wel- other than death of the employee or domes- pursue today. tic partner of the employee, any health bene- fare in the Kennedy administration. He I want to acknowledge Senator fits received by the domestic partner as a re- was a true leader in the Senate on Ribicoff for having the foresight, some sult of this Act shall continue for a period of many issues and his style of leadership twenty years ago, to examine the regu- 60 days after the date of the dissolution of and public service will be greatly latory process. As I have found out this the partnership. The domestic partner shall missed. is not an easy task, but well worth the pay for such benefits in the same manner During his time in the Senate, Sen- effort. While Senator Ribicoff’s leader- that a former spouse would pay for such ben- ator Ribicoff served on the Government ship and public service will be greatly efits under section 8905a of title 5, United States Code. Operations Committee, which was re- missed, it is my hope that we can carry named the Governmental Affairs Com- (d) SUBSEQUENT PARTNERSHIPS.—If an em- on his pioneering work and establish a ployee files a statement of dissolution of mittee during his tenure. He began his better and smarter regulatory proc- partnership under subsection (c)(1), the em- service on the committee on February ess.∑ ployee may file a certification of eligibility 25, 1963 and served as Chairman from f under subsection (b) relating to another 1977 to 1980. partner— As Chairman, Senator Ribicoff DOMESTIC PARTNERSHIP BENE- (1) not earlier than 180 days after the date oversaw the passage of many initia- FITS AND OBLIGATIONS ACT OF of filing such statement of dissolution, if tives we now take for granted in the 1998 such dissolution did not result from the government. One such bill was the ∑ Mr. WELLSTONE. Mr. President, I death of a partner; or (2) on any date after the filing of such Civil Service Reform Act of 1978, which ask that the text of S. 1636, a bill to statement of dissolution, if such dissolution was the first substantive reform of the provide benefits to domestic partners resulted from the death of a partner. Federal civil service in nearly 100 of Federal employees, be printed in the (e) CONFIDENTIALITY.—Any information years. He also helped to enact the Eth- RECORD. submitted to the Office of Personnel Man- ics in Government Act, which man- The text of the bill follows: agement under subsection (b) shall be used dates public disclosure for high-rank- S. 1636 solely for the purpose of certifying an indi- ing officials in the three branches of SECTION 1. SHORT TITLE. vidual’s eligibility for benefits under sub- the Federal Government. He navigated This Act may be cited as the ‘‘Domestic section (a). to passage legislation that created In- Partnership Benefits and Obligations Act of (f) DEFINITIONS.—In this Act: (1) DOMESTIC PARTNER.—The term ‘‘domes- spectors General in each of the major 1998’’. SEC. 2. BENEFITS TO DOMESTIC PARTNERS OF tic partner’’ means an adult person living federal agencies to serve as public FEDERAL EMPLOYEES. with, but not married to, another adult per- watchdogs to combat waste, fraud and (a) IN GENERAL.—A domestic partner of an son in a committed, intimate relationship. abuse in federal programs. employee shall be entitled to benefits avail- (2) BENEFITS.—The term ‘‘benefits’’ During his tenure as Chairman of the able to and obligations imposed upon a means— Committee, Senator Ribicoff also spouse of an employee. (A) any benefit under the civil service re- oversaw the implementation of legisla- (b) CERTIFICATION OF ELIGIBILITY.—In order tirement system under chapter 83 of title 5, tion that established a permanent, to obtain benefits under this Act, an em- United States Code, including any benefit Cabinet-level Department of Energy in ployee shall file an affidavit of eligibility for from participation in the thrift savings plan benefits with the Office of Personnel Man- under subchapter III of chapter 84 of such the executive branch. By doing so, all agement certifying that the employee and title; of the federal government’s major en- the domestic partner of the employee— (B) any benefit under the Federal employ- ergy programs were brought together (1) are each other’s sole domestic partner ees’ retirement system under chapter 84 of in one place, including those programs and intend to remain so indefinitely; title 5, United States Code; relating to economic regulation of en- (2) have a common residence, and intend to (C) life insurance benefits under chapter 87 ergy supply systems. He also worked continue the arrangement; of title 5, United States Code; closely with Senator GLENN to help (3) are at least 18 years of age and mentally (D) health insurance benefits under chap- enact the Nuclear Non-Proliferation competent to consent to contract; ter 89 of title 5, United States Code; and (4) share responsibility for a significant (E) compensation for work injuries under Act, which established a more effective measure of each other’s common welfare and chapter 81 of title 5, United States Code. framework for international coopera- financial obligations; (3) EMPLOYEE.— tion to meet the energy needs of na- (5) are not married to or domestic partners (A) With respect to Civil Service Retire- tions. It also ensured that the world- with anyone else; ment, the term ‘‘employee’’ shall have the

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1960 CONGRESSIONAL RECORD — SENATE March 13, 1998 meaning given such term in section 8331(1) of gram dollars. My state of Wisconsin is that Hindu Americans have made to title 5, United States Code. one of the 20 or so donor states whose American society.∑ (B) With respect to Federal Employees’ Re- taxpayers pay more in gas tax revenues f tirement, the term ‘‘employee’’ shall have than they receive in Federal transpor- the meaning given such term in section MICHIGAN’S NCAA TOURNAMENT tation funds. And one of the top issues 8401(11) of title 5, United States Code. BIDS that Wisconsinites from all across the (C) With respect to life insurance, the term ∑ ‘‘employee’’ shall have the meaning given state and from all walks of life stressed Mr. LEVIN. Mr. President, I rise to such term in section 8701(a) of title 5, United to me was the need to improve Wiscon- acknowledge a great athletic achieve- States Code. sin’s share. That was certainly not the ment in the state of Michigan. On this (D) With respect to health insurance, the only issue, nonetheless, it is a very past Sunday evening, the NCAA selec- term ‘‘employee’’ shall have the meaning basic issue of fairness that we have tion committee announced the 64 best given such term in section 8901 of title 5, faced every time we have sat down to college teams in America to go head- United States Code. to-head in the NCAA Men’s Basketball (E) With respect to compensation for work write a highway bill. injuries, the term ‘‘employee’’ shall have the And this year, perhaps more than any Tournament. Among this field of 64, meaning given such term in section 8101(1) of other, we had an historic chance to five teams from the state of Michigan title 5, United States Code. correct the donor state problem since are included in the ‘‘March Madness’’ (4) OBLIGATIONS.—The term ‘‘obligations’’ the bill includes significant new re- frenzy, making Michigan the most rep- means any duties or responsibilities that sources. However, while this bill im- resented state in the tournament. would be incurred by the spouse of an em- proves many states’ shares, it actually These teams are Eastern Michigan Uni- ployee. decreases Wisconsin’s share. Under the versity, Michigan State University, SEC. 3. EXEMPTION FROM TAX FOR EMPLOYER- original ISTEA, my state realized an University of Detroit Mercy, Univer- PROVIDED FRINGE BENEFITS TO DO- MESTIC PARTNERS. average return of 92 percent on our gas sity of Michigan and Western Michigan Section 106 of the Internal Revenue Code of tax contributions over the life of bill. University. This is first time in Michi- 1986 (relating to contributions by employer Under the Senate bill, Wisconsin would gan history that five teams from the to accident and health plans) is amended by only be guaranteed a 91 percent return. state have been in the NCAA tour- adding at the end the following new sub- Because this bill is more generous nament at the same time. section: overall, Wisconsin’s overall funding In their wisdom, the selection com- ‘‘(d) TREATMENT OF DOMESTIC PARTNERS.— mittee recognized that there are many The provisions of section 2 of the Domestic will go up, but on the share side, we are Partnership Benefits and Obligations Act of worse off under this bill than when we excellent basketball programs and ex- 1998 shall apply to employees and domestic started. traordinary talent within the state of partners of employees for purposes of this Mr. President, I am pleased that ad- Michigan. Not only have the two tradi- section and any other benefit which is not ditional transportation resources will tional Michigan powerhouse teams, includible in the gross income of employees be available to my state. I am also Michigan State University and the by reason of an express provision of this pleased that this bill maintains the University of Michigan, proven that chapter.’’. principle of a strong Federal partner- they are among the nation’s elite SEC. 4. FUNDING. ship, balances resources between the teams, but some smaller basketball It is the sense of Congress that any funds many different modes of transportation programs have also made their mark necessary for the implementation of this Act should be funded from reductions in unneces- and continues important environ- on this season by winning some key sary tax benefits available only to large cor- mental programs. However, in the end, games and finishing strong within porations and individuals who are in the I felt that a vote in favor of this bill their respective conferences. maximum tax bracket.∑ was a vote to continue an unfair sys- Michigan State University ended an f tem for another six years. The tax- impressive season by tying with the payers of Wisconsin deserve better.∑ University of Illinois for the Big Ten INTERMODAL SURFACE TRANS- f regular Season title, while the Univer- PORTATION EFFICIENCY ACT sity of Michigan finished an equally ∑ Mr. KOHL. Mr. President, I rise to TRIBUTE TO THE HINDU NEW impressive season by winning the first discuss the Senate reauthorization of YEAR ever Big Ten Conference tournament. the Intermodal Surface Transportation ∑ Mr. LAUTENBERG. Mr. President, I Both of these teams are highly seeded Efficiency Act (ISTEA), the so-called rise to congratulate the New Jersey within their respective regions. West- ‘‘ISTEA II’’ bill that we’ve been debat- Arya Samaj Mandir as it celebrates the ern Michigan finished tied for first ing for the past couple of weeks and Hindu New Year. The New Jersey Arya place in the Mid-American Conference that was approved yesterday. I thank Samaj Mandir was incorporated to and received an at-large NCAA bid, the managers of the bill and their staff serve the religious, educational, and which is their second ever NCAA berth. for the hard work and long hours they cultural needs of the Arya and Hindu Eastern Michigan finished strong by put in, as well as their attempts to face immigrant population in New Jersey, winning the Mid-American Conference the very difficult task of balancing the demonstrating my state’s rich and di- tournament and was pitted against transportation needs of the fifty states. verse heritage. Michigan State in the first round of First, let me say that we all agree My colleagues may know that the the tournament. The University of De- that maintaining, developing and im- Hindu New Year, called Holi, occurs at troit Mercy was the Mid-Western Colle- proving our roads, bridges and transit the advent of spring and is a time when giate Conference regular season cham- systems is vital to our economy and Hindus focus on the joys of the new pion and also received an at-large bid our way of life. Transportation devel- season and the passing of the cold, to the tournament. opment has and will play a crucial role harsh winter. The day also marks a I am looking forward to the next few in the growth of this country. And the time to emphasize reconciliation, for- weeks to see who will be crowned Senate reaffirmed that importance by giveness, unity, and tolerance. I am NCAA National Champion. While these approving significantly increased fund- glad to be able to contribute to this great teams from Michigan fight it out ing levels. That part of the equation, I celebration as New Jersey’s Arya and to see who will be crowned National strongly support. From the beginning, Hindu population gathers with family Champion, one thing remains clear: I believed we needed to do more and and friends to mark the coming of this has been a great year for Michigan the Senate bill does do more, including spring and another New Year. basketball and I dare to say, the best an increase of approximately $130 mil- Hindus in our country have contrib- has yet to come. Go Michiganders!!!∑ lion for Wisconsin highways and sig- uted a great deal to America’s herit- f nificant increases for transit systems age. The strength of our country is as well. built upon the melding of its many lan- ORDER FOR RECORD TO REMAIN That said, the other part of the equa- guages, customs, and traditions, in- OPEN tion, and the reason for which I ulti- cluding those of the Hindu community. Mr. COVERDELL. Mr. President, I mately opposed the legislation, is the Our diversity is a strength. It is impor- ask unanimous consent that the issue of percentage share of total pro- tant that we celebrate the contribution RECORD remain open until 2 p.m. today

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 4637 Sfmt 0634 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 13, 1998 CONGRESSIONAL RECORD — SENATE S1961 for the introduction of bills and state- and appeared in the CONGRESSIONAL RECORD rollcall vote occurring at approxi- ments. of January 29, 1998 mately 5:30 p.m. Also, the Senate could The PRESIDING OFFICER. Without Coast Guard nominations beginning Wil- consider Executive Calendar nomina- objection, it is so ordered. liam J. Shelton, and ending Keith O. tions, resulting in an additional roll- Pelletier, which nominations were received f by the Senate and appeared in the CONGRES- call vote on Monday. SIONAL RECORD of March 3, 1998 On Tuesday, March 17, the Senate EXECUTIVE SESSION National Oceanic and Atmospheric Admin- will debate the Massiah-Jackson nomi- istration nominations beginning James A. nation in the morning and conduct a Illg, and ending Jennifer D. Garte which rollcall vote on the cloture motion rel- EXECUTIVE CALENDAR nominations were received by the Senate and ative to the motion to proceed on the Mr. COVERDELL. Mr. President, I appeared in the CONGRESSIONAL RECORD of education ‘‘A+’’ bill at 12:15 p.m. Fol- ask unanimous consent that the Sen- March 3, 1998 lowing our traditional recess for the ate immediately proceed to executive f party caucuses on Tuesday at 2:15 p.m, session to consider the following nomi- LEGISLATIVE SESSION the Senate will conduct a rollcall vote nations on the Executive Calendar: relative to the Massiah-Jackson nomi- Nos. 541, 542, 543, 544, and all nomina- The PRESIDING OFFICER. Under nation. tions on the Secretary’s desk. the previous order, the Senate will now Therefore, one or more votes will I further ask unanimous consent that return to legislative session. occur on Monday at approximately 5:30 the nominations be confirmed, the mo- f p.m, and during the day on Monday the tions to reconsider be laid upon the UNANIMOUS CONSENT AGREE- Senate will debate the U.S. district table, the President be immediately MENT—NOMINATION OF FRED- judge nomination. On Tuesday morn- notified of the Senate’s action, and the ERICA A. MASSIAH-JACKSON ing, the Senate will continue the de- Senate then return to legislative ses- bate on the nomination and will sus- sion. Mr. COVERDELL. Mr. President, as pend that debate at 12:15 p.m. to con- The PRESIDING OFFICER. Is there in executive session, I ask unanimous duct a cloture vote on the motion to objection? The chair hears none, and it consent that following the tentatively proceed to the education ‘‘A+’’ bill. is so ordered. scheduled 5:30 p.m. rollcall vote or The vote relative to the nomination The nominations considered and con- votes on Monday, March 16, Senator will occur at 2:15 p.m. on Tuesday. PECTER be recognized to speak in sup- firmed en bloc are as follows: S Therefore, the Senate will begin voting port of the Massiah-Jackson nomina- CORPORATION FOR PUBLIC BROADCASTING approximately 5:30 p.m. on Monday and tion. I further ask unanimous consent has two scheduled votes on Tuesday, Winter D. Horton, Jr., of Utah, to be a that at 9 a.m. on Tuesday, the Senate Member of the Board of Directors of the Cor- one at 12:15 p.m. and one at 2:15 p.m. resume the nomination and there be 2 poration for Public Broadcasting for a term f expiring January 31, 2002. additional hours under the control of Christy Carpenter, of California, to be a Senator SPECTER, with 1 hour 15 min- ADJOURNMENT UNTIL 11 A.M, Member of the Board of Directors of the of utes under the control of Senator MONDAY, MARCH 16, 1998 the Corporation for Public Broadcasting for HATCH or his designee, and the vote a term expiring January 31, 2002. Mr. COVERDELL. Mr. President, if occur on or in relation to the nomina- there is no further business to come be- COAST GUARD tion at 2:15 p.m. on Tuesday, March 17, fore the Senate, I now ask unanimous The following-named officers for appoint- 1998, notwithstanding rule XXII. consent the Senate stand in adjournment in the United States Coast Guard to The PRESIDING OFFICER. Without ment under the previous order. the grade indicated under title 14, U.S.C., objection, it is so ordered. section 271: There being no objection, the Senate, f To be rear admiral at 1:18 p.m., adjourned until Monday, March 16, 1998, at 11 a.m. Rear Adm. (Ih) Joseph J. McClelland, Jr., ORDERS FOR MONDAY, MARCH 16, 0000 1998 f Rear Adm. (Ih) John L. Parker, 0000 Mr. COVERDELL. Mr. President, I NOMINATIONS Rear Adm. (Ih) Paul J. Pluta, 0000 ask unanimous consent that when the Rear Adm. (Ih) Thad W. Allen, 0000 Executive nominations received by Senate completes its business today it the Senate March 13, 1998: The following-named officers for appoint- stand in adjournment until 11 a.m. on ment in the United States Coast Guard to UNITED STATES INTERNATIONAL DEVELOPMENT the grade indicated under title 14, U.S.C., Monday, March 16, and immediately COOPERATION AGENCY following the prayer, the routine re- section 271: VIVIAN LOWERY DERRYCK, OF OHIO, TO BE AN ASSIST- To be rear admiral (lower half) quests through the morning hour be ANT ADMINISTRATOR OF THE AGENCY FOR INTER- granted and the Senate begin a period NATIONAL DEVELOPMENT, VICE JOHN F. HICKS, SR. Capt. David S. Belz, 0000 EXECUTIVE OFFICE OF THE PRESIDENT Capt. James S. Carmichael, 0000 for the transaction of morning business Capt. Roy J. Casto, 0000 until 12 noon, with the time equally di- G. EDWARD DE SEVE, OF PENNSYLVANIA, TO BE DEP- vided between the majority leader and UTY DIRECTOR FOR MANAGEMENT, OFFICE OF MANAGE- Capt. James A. Kinghorn, 0000 MENT AND BUDGET, VICE JOHN A. KOSKINEN. Capt. Erroll M. Brown, 0000 Senator BAUCUS. DEPARTMENT OF JUSTICE IN THE COAST GUARD, NATIONAL OCEANIC AND The PRESIDING OFFICER. Without JAMES K. ROBINSON, OF MICHIGAN, TO BE AN ASSIST- ATMOSPHERIC ADMINISTRATION objection, it is so ordered. ANT ATTORNEY GENERAL, VICE JO ANN HARRIS, RE- Coast Guard nominations beginning Cdr. f SIGNED. Claudio R. Azzaro, and ending Cdr. Jerry J. DEPARTMENT OF DEFENSE PROGRAM Saulter, which nominations were received by MAHLON APGAR IV, OF MARYLAND, TO BE AN ASSIST- the Senate and appeared in the CONGRES- Mr. COVERDELL. At the hour of 12 ANT SECRETARY OF THE ARMY, VICE ROBERT M. WALK- SIONAL RECORD of November 6, 1997 noon on Monday, the Senate will begin ER. Coast Guard nominations beginning Ste- consideration of the nomination of IN THE MARINE CORPS phen W. Rochon, and ending Louis M. Frederica Massiah-Jackson to be a U.S. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT Farrell, which nominations were received by IN THE UNITED STATES MARINE CORPS TO THE GRADE the Senate and appeared in the CONGRES- district judge, under a previous order. INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- On Monday, during the day, there TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SIONAL RECORD of January 29, 1998 SECTION 601: Coast Guard nomination of Robert L. will be up to 6 hours for debate on her To be lieutenant general Clarke, Jr., which was received by the Sen- nomination, with additional time on ate and appeared in the CONGRESSIONAL Monday night and Tuesday morning. LT. GEN. CARLTON W. FULFORD, JR., 0000. RECORD of January 29, 1998 The vote in relation to her nomination IN THE AIR FORCE Coast Guard nomination of Kerstin B. will occur at 2:15 p.m. on Tuesday, THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT Rhinehart, which was received by the Senate TO THE GRADE INDICATED AND AS A PERMANENT PRO- and appeared in the CONGRESSIONAL RECORD March 17. FESSOR, UNITED STATES AIR FORCE ACADEMY, UNDER of January 29, 1998 It is my hope that the Senate can TITLE 10, U.S.C., SECTIONS 9333(B) AND 9336(A): Coast Guard nomination of Maury M. clear for consideration on Monday a To be colonel Mcfadden, which was received by the Senate resolution relative to Kosovo, with a RITA A. CAMPBELL, 0000.

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 4637 Sfmt 9801 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1962 CONGRESSIONAL RECORD — SENATE March 13, 1998

IN THE ARMY IN THE COAST GUARD APPEARED IN THE CONGRESSIONAL RECORD OF JANU- ARY 29, 1998. THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT COAST GUARD NOMINATION OF MAURY M. MC FADDEN, TO THE GRADE INDICATED IN THE RESERVE OF THE IN THE UNITED STATES COAST GUARD TO THE GRADE IN- WHICH WAS RECEIVED BY THE SENATE AND APPEARED ARMY UNDER TITLE 10, U.S.C., SECTION 12203: DICATED UNDER TITLE 14, U.S.C., SECTION 271: IN THE CONGRESSIONAL RECORD OF JANUARY 29, 1998. To be rear admiral COAST GUARD NOMINATIONS BEGINNING WILLIAM J. To be colonel SHELTON, AND ENDING KEITH O. PELLETIER, WHICH RONALD V. DUNCAN, 0000 REAR ADM. (LH)JOSEPH J. MC CLELLAND, JR., 0000. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CHARLES W. EDWDARDS, JR., 0000 REAR ADM. (LH)JOHN L. PARKER, 0000. PEARED IN THE CONGRESSIONAL RECORD ON MARCH 3, RONALD R. KENYON, 0000 REAR ADM. (LH)PAUL J. PLUTA, 0000. 1998. REAR ADM. (LH)THAD W. ALLEN, 0000. DOUGLAS E. LEE, 0000 NATIONAL OCEANIC AND ATMOSPHERIC DOUGLAS B. MC CULLOUGH, 0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT ADMINISTRATION JAMES S. PARK, 0000 IN THE UNITED STATES COAST GUARD TO THE GRADE IN- LYNN H. WITTERS, 0000 DICATED UNDER TITLE 14, U.S.C., SECTION 271: NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- To be rear admiral (lower half) TION NOMINATIONS BEGINNING JAMES A. ILLG, AND f ENDING JENNIFER D. GARTE, WHICH NOMINATIONS CAPT. DAVID S. BELZ, 0000. WERE RECEIVED BY THE SENATE AND APPEARED IN THE CAPT. JAMES S. CARMICHAEL, 0000. CONGRESSIONAL RECORD ON JANUARY 29, 1998. CONFIRMATIONS CAPT. ROY J. CASTO, 0000. CAPT. JAMES A. KINGHORN, 0000. f Executive nominations confirmed by CAPT. ERROLL M. BROWN, 0000. COAST GUARD NOMINATIONS BEGINNING CLAUDIO R. the Senate March 13, 1998: AZZARO, AND ENDING JERRY J. SAULTER, WHICH NOMI- WITHDRAWAL CORPORATION FOR PUBLIC BROADCASTING NATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON NOVEMBER Executive message transmitted by WINTER D. HORTON, JR., OF UTAH, TO BE A MEMBER OF 6, 1997. the President to the Senate on March THE BOARD OF DIRECTORS OF THE CORPORATION FOR COAST GUARD NOMINATIONS BEGINNING STEPHEN W. PUBLIC BROADCASTING FOR A TERM EXPIRING JANU- ROCHON, AND ENDING LOUIS M. FARRELL, WHICH NOMI- 13, 1998, withdrawing from further Sen- ARY 31, 2002. NATIONS WERE RECEIVED BY THE SENATE AND AP- ate consideration the following nomi- CHRISTY CARPENTER, OF CALIFORNIA, TO BE A MEM- PEARED IN THE CONGRESSIONAL RECORD ON JANUARY BER OF THE BOARD OF DIRECTORS OF THE CORPORA- 29, 1998. nation: TION FOR PUBLIC BROADCASTING FOR A TERM EXPIRING COAST GUARD NOMINATION OF ROBERT L. CLARKE, SOCIAL SECURITY ADMINISTRATION JANUARY 31, 2002. JR., WHICH WAS RECEIVED BY THE SENATE AND AP- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT PEARED IN THE CONGRESSIONAL RECORD OF JANUARY JANE G. GOULD, OF NEW YORK, TO BE DEPUTY COMMIS- TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- 29, 1998. SIONER OF SOCIAL SECURITY FOR THE TERM EXPIRING QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY COAST GUARD NOMINATION OF KERSTIN B. JANUARY 19, 2001, WHICH WAS SENT TO THE SENATE ON CONSTITUTED COMMITTEE OF THE SENATE. RHINEHART, WHICH WAS RECEIVED BY THE SENATE AND SEPTEMBER 2, 1997.

VerDate Mar 15 2010 00:45 Oct 31, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 4637 Sfmt 9801 E:\1998SENATE\S13MR8.REC S13MR8 mmaher on DSKCGSP4G1 with SOCIALSECURITY Friday, March 13, 1998 Daily Digest Senate Christy Carpenter, of California, to be a Member Chamber Action of the Board of Directors of the Corporation for Pub- Routine Proceedings, pages S1907–S1962 lic Broadcasting for a term expiring January 31, Measures Introduced: Six bills were introduced, as 2002. follows: S. 1755–1760. Page S1948 Routine lists in the Coast Guard, National Oce- anic and Atmospheric Administration. Pages S1961±62 Measures Passed: Nominations Received: Senate received the follow- Indictment Against Saddam Hussein: By a ing nominations: unanimous vote of 93 yeas (Vote No. 32), Senate Mahlon Apgar, IV, of Maryland, to be an Assist- agreed to S. Con. Res. 78, relating to the indictment ant Secretary of the Army. and prosecution of Saddam Hussein for war crimes Vivian Lowery Derryck, of Ohio, to be an Assist- and other crimes against humanity, after agreeing to ant Administrator of the Agency for International the following amendment: Pages S1907±13 Specter Amendment No. 1934, to amend the pre- Development. G. Edward DeSeve, of Pennsylvania, to be Deputy amble. Pages S1908±09 Director for Management, Office of Management and Education Savings Act for Public and Private Budget. Schools—Cloture Motion Filed: Senate began con- James K. Robinson, of Michigan, to be an Assist- sideration of the motion to proceed to consideration ant Attorney General. of H.R. 2646, to amend the Internal Revenue Code 1 Marine Corps nomination in the rank of general. of 1986 to allow tax-free expenditures from edu- Routine lists in the Air Force and Army. cation individual retirement accounts for elementary Pages S1961±62 and secondary school expenses, and to increase the maximum annual amount of contributions to such Nomination Withdrawn: Senate received notification of the withdrawal of the following nomination: accounts. Pages S1925±30 A motion was entered to close further debate on Jane G. Gould, of New York, to be Deputy Com- the motion to proceed to consideration of the bill missioner of Social Security for the term expiring and, by unanimous-consent agreement, a vote on the January 19, 2001, which was sent to the Senate on cloture motion will occur on Tuesday, March 17, September 2, 1997. Page S1962 1998, at 12:15 p.m. Page S1925 Statements on Introduced Bills: Pages S1948±57 Nomination—Agreement: A unanimous-consent Additional Cosponsors: Page S1957 agreement was reached providing for further consid- Additional Statements: Pages S1957±60 eration of the nomination of Frederica A. Massiah- Jackson, to be United States District Judge for the Record Votes: One record vote was taken today. Eastern District of Pennsylvania, on Tuesday, March (Total—32) Pages S1907±08 17, 1998, with a vote on, or in relation to, the nom- Adjournment: Senate convened at 9:30 a.m., and ination to occur at 2:15 p.m. Page S1961 adjourned at 1:18 p.m., until 11 a.m., on Monday, Nominations Confirmed: Senate confirmed the fol- March 16, 1998. (For Senate’s program, see the re- lowing nominations: marks of the Acting Majority Leader in today’s Winter D. Horton, Jr., of Utah, to be a Member Record, on page S1961.) of the Board of Directors of the Corporation for Pub- lic Broadcasting for a term expiring January 31, Committee Meetings 2002. No committee meetings were held.

D236 March 13, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D237 House of Representatives Chamber Action CONGRESSIONAL PROGRAM AHEAD The House was not in session today. It will next Week of March 16 through 20, 1998 meet on Monday, March 16. Senate Chamber On Monday, Senate will consider the nomination Committee Meetings of Frederica A. Massiah-Jackson to be U.S. District Judge for the Eastern District of Pennsylvania, with TREASURY, POSTAL SERVICE, GENERAL a vote on, or in relation to, the nomination to occur GOVERNMENT APPROPRIATIONS on Tuesday, at 2:15 p.m. On Tuesday, Senate will resume consideration of Committee on Appropriations: Subcommittee on Treas- the motion to proceed to consideration of H.R. ury, Postal Service, and General Government Appro- 2646, Education Savings Act for Public and Private priations held a hearing on the Office of National Schools, with a cloture vote on the motion to pro- Drug Control Policy and the OPM. Testimony was ceed to consideration of the bill to occur at 12:15 heard from Barry R. McCaffrey, Director, Office of p.m. National Drug Control Policy; and Janice R. During the balance of the week, Senate expects to Lachance, Director, OPM. continue consideration of H.R. 2646, Education Sav- ings Act for Public and Private Schools, and may DISTRICT OF COLUMBIA—PUBLIC consider S. 270, Texas Low-Level Radioactive Waste SCHOOLS Disposal Compact, S. 414, Ocean Shipping Reform Committee on Government Reform and Oversight: Sub- Act, and may consider any executive or legislative business cleared for action. committee on the District of Columbia held a hear- (Senate will recess on Tuesday, March 17, 1998, from ing on District of Columbia Public Schools: Student 12:30 p.m. until 2:15 p.m. for respective party con- Enrollment Count. Testimony was heard from Cor- ferences.) nelia M. Blanchette, Associate Director, Education and Employment Issues, Health Education, and Senate Committees Human Services Division, GAO; the following offi- (Committee meetings are open unless otherwise indicated) cials of the District of Columbia: Julius W. Becton, Committee on Agriculture, Nutrition, and Forestry: March CEO and Superintendent, Public Schools; and 17, to resume hearings on proposed legislation authoriz- Wilma Harvey, Chairman, Board of Education; Joyce ing funds for child nutrition programs, focusing on the Ladner, member, District of Columbia Financial Re- Women, Infants, and Children (WIC) program, 9 a.m., sponsibility and Management Assistance Authority; SR–332. Bruce MacLaury, Chairman, District of Columbia Committee on Appropriations: March 17, business meeting, to mark up proposed legislation making supple- Public Schools Emergency Board of Trustees; and a mental appropriations for the fiscal year ending Septem- public witness. ber 30, 1998, 9:30 a.m., SD–106. March 17, Subcommittee on Agriculture, Rural Devel- IMPROVING READINESS CAPABILITIES opment, and Related Agencies, to hold hearings on pro- Committee on National Security: Subcommittee on Mili- posed budget estimates for fiscal year 1999 for the Food Safety and Inspection Service, Animal and Plant Health tary Readiness held a hearing on improving readiness Inspection Service, Agriculture Marketing Service, and capabilities. Testimony was heard from David War- the Grain Inspection, Packers and Stockyards Administra- ren, Director, Defense Management Issues, GAO; the tion, all of the Department of Agriculture, 10:30 a.m., following officials of the Department of Defense: SD–138. Maj. Gen. David A. Whaley, USA, Assistant Chief March 17, Subcommittee on Foreign Operations, to of Staff, Installations Management, Department of hold hearings on proposed budget estimates for fiscal year the Army; Rear. Adm. John T. Scudi, USN, Direc- 1999 for foreign assistance programs, focusing on inter- tor, Shore Installation Management, Department of national narcotics control plans and policy, 10:30 a.m., SD–124. the Navy; Brig. Gen. Mary Saunders, USAF, Direc- March 18 and 19, Subcommittee on Defense, to hold tor, Transportation, Department of the Air Force; hearings on proposed budget estimates for fiscal year Maj. Gen. Joseph D. Stewart. USMC, Deputy Chief 1999, Wednesday, for the Department of Defense, focus- of Staff, Installations and Logistics, U.S. Marine ing on National Guard programs, 10 a.m.; Thursday, to Corps; and a public witness. hold closed hearings to examine intelligence issues, 3:30 D238 CONGRESSIONAL RECORD — DAILY DIGEST March 13, 1998 p.m.; Wednesday in SD–192 and Thursday in S–407, Committee on Banking, Housing, and Urban Affairs: Capitol. March 18, Subcommittee on Financial Services and Tech- March 18, Subcommittee on District of Columbia, to nology, to hold hearings to examine the Office of Thrift hold hearings on the implementation of provisions of the Supervision’s Year 2000 preparedness, 10 a.m., SD–538. Management Reform Act of 1997 relating to the revital- Committee on the Budget: March 17, business meeting, to ization of the District of Columbia (P.L. 105–34), 10 mark up a proposed concurrent resolution setting forth a.m., SD–124. the fiscal year 1999 budget for the Federal Government, March 18, Subcommittee on Labor, Health and Human 11 a.m., SD–608. Services, and Education, to hold hearings on proposed Committee on Commerce, Science, and Transportation: March budget estimates for fiscal year 1999 for the Department 17, to resume hearings to examine the scope and depth of Labor, 2 p.m., SD–138. of the proposed settlement between State Attorneys Gen- March 19, Subcommittee on Legislative Branch, to eral and tobacco companies to mandate a total reforma- hold hearings on proposed budget estimates for fiscal year tion and restructuring of how tobacco products are manu- 1999 for the Architect of the Capitol, the General Ac- factured, marketed, and distributed in America, 9:30 counting Office, and the Government Printing Office, 9 a.m., SR–253. a.m., SD–116. March 18, Subcommittee on Communications, to hold March 19, Subcommittee on VA, HUD, and Independ- hearings to examine the Wall Street view on the Tele- ent Agencies, to hold hearings on proposed budget estimates for fiscal year 1999 for the Department of Veterans communications Act (P.L. 104–104), 9:30 a.m., SR–253. Affairs, and cemeterial expenses for the Army, 9:30 a.m., Committee on Energy and Natural Resources: March 19, to SD–138. hold hearings on S. 1488, to ratify an agreement between March 19, Subcommittee on Commerce, Justice, State, the Aleut Corporation and the United States to exchange and the Judiciary, to hold hearings on proposed budget land rights received under the Alaska Native Claims Set- estimates for the Federal Communications Commission, tlement Act for certain land interests on Adak Island, and and the Securities and Exchange Commission, 10 a.m., S. 1670, to amend the Alaska Native Claims Settlement S–146, Capitol. Act to provide for selection of lands by certain veterans March 19, Subcommittee on Transportation, to hold of the Vietnam era, 9:30 a.m., SD–366. hearings on proposed budget estimates for fiscal year Committee on Foreign Relations: March 18, Subcommittee 1999 for the Department of Transportation, 10 a.m., on International Economic Policy, Export and Trade Pro- SD–124. motion, to hold hearings to examine the role of the Inter- Committee on Armed Services: March 17, to hold hearings national Monetary Fund in supporting United States agri- on the nominations of David R. Oliver, of Idaho, to be cultural exports to Asia, 10 a.m., SD–419. Deputy Under Secretary of Defense for Acquisition and Committee on Governmental Affairs: March 18, to hold Technology, Sue Bailey, of Maryland, to be an Assistant oversight hearings on the implementation of the Vacan- Secretary of Defense, and Paul J. Hoeper, of California, cies Act, a statute that supplies the exclusive means for to be an Assistant Secretary of the Army, 10 a.m., temporarily filling advice and consent positions in all ex- SR–222. ecutive branch departments and agencies, 10 a.m., March 17, Subcommittee on SeaPower, to hold hear- SD–342. ings on proposed legislation authorizing funds for fiscal March 18, Subcommittee on International Security, year 1999 for the Department of Defense and the future Proliferation and Federal Services, to hold hearings to ex- years defense program, focusing on ship acquisition, 2:30 amine nuclear nonproliferation and the Comprehensive p.m., SR–222. Nuclear Test Ban Treaty (Treaty Doc. 105–28), 2 p.m., March 18, Subcommittee on Acquisition and Tech- SD–342. nology, to hold hearings to review the status of acquisi- Committee on the Judiciary: March 17, Subcommittee on tion reform in the Department of Defense, 9:30 a.m., Constitution, Federalism, and Property Rights, to hold SR–222. March 18, Subcommittee on Personnel, to hold hear- hearings to examine privacy in the digital age, focusing ings on proposed legislation authorizing funds for fiscal on encryption and mandatory access issues, 10 a.m., year 1999 for the Department of Defense and the future SD–226. years defense program, focusing on active and reserve March 17, Subcommittee on Technology, Terrorism, military and civilian personnel programs and the Service and Government Information, to hold hearings to review safety programs, 2 p.m., SR–222. policy directives for protecting America’s critical infra- March 19, Full Committee, to hold hearings to exam- structures, 2:30 p.m., SD–226. ine issues related to NATO enlargement, 10 a.m., March 18, Full Committee, to hold hearings on pend- SR–222. ing nominations, 2 p.m., SD–226. March 19, Subcommittee on Strategic Forces, to re- March 19, Full Committee, business meeting, to consume hearings on proposed legislation authorizing funds sider pending calendar business, 10 a.m., SD–226. for fiscal year 1999 for the Department of Defense and March 19, Subcommittee on Antitrust, Business the future years defense program, focusing on the Depart- Rights, and Competition, to hold hearings to examine ment of Energy’s science-based stockpile stewardship and international aviation agreements and antitrust immunity management program, 2:30 p.m., SR–232A. implications, 2 p.m., SD–226. March 13, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D239 Committee on Labor and Human Resources: March 17, to Consideration of H.R. 1704, Congressional Office hold hearings to examine retirement security issues, 10 of Regulatory Analysis Creation Act (subject to a a.m., SD–430. rule). March 18, Full Committee, business meeting, to re- Friday, No recorded votes are expected. sume markup of S. 1648, to provide for reductions in youth smoking, for advancements in tobacco-related re- House Committees search, and the development of safer tobacco products, Committee on Agriculture, March 18, hearing to review 9:30 a.m., SD–106. the 1999 Multilateral Negotiations on Agricultural March 19, Full Committee, to hold oversight hearings Trade-Europe, 10 a.m., 1300 Longworth. on the implementation of the Health Insurance Port- Committee on Appropriations, March 17, Subcommittee ability and Accountability Act of 1996 (P.L. 104–191), on Agriculture, on Natural Resources and Environment, 10 a.m., SD–430. 1 p.m., 2362–A Rayburn. Committee on Rules and Administration: March 19, to March 17 and 18, Subcommittee on Energy and Water hold hearings on the proposed budget request for fiscal Development, executive, on Atomic Energy Defense Ac- year 1999 for the Smithsonian Institution, the Kennedy tivities, 10 a.m., 2362–B Rayburn on March 17 and 2 Center for the Performing Arts, and the Woodrow Wil- p.m., 2362–B on March 18. son International Center for Scholars, 8:30 a.m., SR–301. March 17, Subcommittee on Interior, on Smithsonian, Committee on Small Business: March 18, to hold hearings 10 a.m., and on Bureau of Land Management, 1:30 p.m., on the President’s proposed budget request for fiscal year B–308 Rayburn. 1999 for the Small Business Administration, 9:30 a.m., March 17, Subcommittee on Labor, Health and Human SR–428A. Services, and Education, on National Institute of Child Committee on Veterans’ Affairs: March 17, business meet- Health and Human Development and the National Insti- ing, to consider the nomination of Togo D. West, Jr., of tute of Dental Research, 10 a.m., and on National Insti- the District of Columbia, to be Secretary of Veterans Af- tute of Arthritis and Musculoskeletal and Skin Diseases fairs; to be followed by hearings on Persian Gulf War ill- and the National Center for Research Resources, 2 p.m., nesses, focusing on the lessons learned from Desert Storm 2358 Rayburn. regarding chemical and biological weapons preparedness, March 17, Subcommittee on National Security, execu- 10 a.m., SH–216. tive, on U.S. Central Command/U.S. European Com- March 18, Full Committee, to hold joint hearings with mand, 3 p.m., H–140 Capitol. the House Committee on Veterans Affairs to review the March 17 and 18, Subcommittee on VA, HUD and legislative recommendations of the Disabled American Independent Agencies, on Department of Veterans Af- Veterans, 9:30 a.m., 345 Cannon Building. fairs, 10 a.m. and 2 p.m., 2359 Rayburn. Committee on Indian Affairs: March 18, business meet- March 18, Subcommittee on Commerce, Justice, State, ing, to mark up proposed legislation with regard to Indi- and Judiciary, on the SEC, 10 a.m., and on Department ans in the proposed tobacco settlement, and S. 1279, pro- of State Administration of Foreign Affairs, 2 p.m., posed Indian Employment Training and Related Services H–309 Capitol. Demonstration Act, 9:30 a.m., SR–485. March 18, Subcommittee on Foreign Operations, Ex- Special Committee on Aging: March 16, to hold hearings port Financing and Related Programs, on AID Adminis- to examine the lending practices of the subprime lending trator, 9:30 a.m., 2362–A Rayburn.. market, focusing on how senior citizens are targeted by March 18, Subcommittee on Interior, on Geological unscrupulous lenders, 1 p.m., SD–628. Survey, 10 a.m. and 1:30 p.m., B–308 Rayburn. House Chamber March 18, Subcommittee on Labor, Health and Human Services, and Education, on National Library of Medicine, Monday, pro forma session. and the National Institute of Nursing Research: Fogarty Tuesday, the House will meet at 12:30 p.m. for International Center, 10 a.m., and on National Institute morning hour and at 2:00 p.m. for consideration of of Allergy and Infectious Diseases and the National Eye suspensions (measures to be announced). Institute, 2 p.m., 2358 Rayburn. Note: No recorded votes are expected before 5:00 p.m. March 18, Subcommittee on National Security, on Wednesday and Thursday, Possible consideration of Quality of Life, 10 a.m., and, executive, on Readiness, suspensions on Wednesday (unanimous consent order 1:30 p.m., H–140 Capitol. of March 12); March 19, Subcommittee on Commerce, Justice, State, Consideration of H. Con. Res. 227, directing the and Judiciary, on the DEA, 10 a.m., 2358 Rayburn, and President to remove U.S. Armed Forces from the Re- on NOAA, 2 p.m., H–309 Capitol. March 19, Subcommittee on Energy and Water Devel- public of Bosnia and Herzegovina (unanimous con- opment, on Power Marketing Administrations, 10 a.m., sent order of March 12); 2362–B Rayburn. Consideration of the Conference Report to H.R. March 19, Subcommittee on Interior, on Secretary of 1757, State Department Authorization Act (rule Agriculture, 10 a.m., and on Forest Service, 11 a.m. and waiving all points of order); 1:30 p.m., B–308 Rayburn. Consideration of H.R. 2870, Tropical Forest Con- March 19, Subcommittee on Labor, Health and Human servation Act (subject to a rule); Services, and Education, on National Institute of Drug D240 CONGRESSIONAL RECORD — DAILY DIGEST March 13, 1998

Abuse and the National Institute of Alcohol Abuse and H.R. 3150, Bankruptcy Reform Act of 1998, H.R. 2500, Alcoholism, 10 a.m., and on National Institute of Mental Responsible Borrower Protection Bankruptcy Act; and Health and the National Institute on Aging, 2 p.m., H.R. 3146, Consumer Lenders and Borrowers Bankruptcy 2358 Rayburn. Accountability Act of 1998, 10 a.m., 2141 Rayburn on March 19, Subcommittee on National Security, on March 18 and 2226 Rayburn on March 19. Congressional and public witnesses, 10 a.m., H–140 Cap- March 18, Subcommittee on Courts and Intellectual itol. Property, to mark up the following: Alternative Dispute March 19, Subcommittee on Treasury, Postal Service, Resolution; H.R. 3163, Trade Dress Protection Act; H.R. and General Government, on the FEC, 10 a.m., and on 3210, Copyright Compulsory License Improvement Act; U.S. Postal Service, 2 p.m., 2359 Rayburn. and H.R. 2652, Collections of Information Antipiracy March 19, Subcommittee on VA, HUD and Independ- Act, 2 p.m., 2237 Rayburn. ent Agencies, on American Battle Monuments Commis- March 19, Subcommittee on Courts and Intellectual sion, 10 a.m., and on Office of Inspector General, FDIC, Property, oversight hearing on the U.S. Patent and 11 a.m., H–143 Capitol. Trademark Office (PTO), 10 a.m., 2237 Rayburn. Committee on Commerce, March 17, Subcommittee on March 19, Subcommittee on Crime, hearing on H.R. Oversight and Investigations, hearing on the Federal-State 1524, Rural Law Enforcement Assistance Act of 1997, 10 Relationship: Environmental Self Audits, 2 p.m., 2123 a.m., 2141 Rayburn. Rayburn. March 19, Subcommittee on Immigration and Claims, March 18, Subcommittee on Telecommunications, oversight hearing on the pending and anticipated caseload Trade, and Consumer Protection, to continue mark up of of naturalization applications, 2 p.m., B–352 Rayburn. H.R. 1872, Communications Satellite Competition and Committee on National Security, March 17, to mark up Privatization Act, 10:30 a.m., 2123 Rayburn. H.R. 2786, Iran Missile Protection Act of 1997, 4:30 March 19, Subcommittee on Health and Environment, p.m., 2118 Rayburn. to continue hearings on the Tobacco Settlement, 10 a.m., March 17, Subcommittee on Military Personnel, hear- 2123 Rayburn. ing on the findings of the Federal Advisory Committee March 19, Subcommittee on Oversight and Investiga- on Gender-Integrated Training and Related Issues and tions, hearing on GAO’s Investigative Findings of Al- Department of Defense response, 1 p.m., 2141 Rayburn. leged Medicare Improprieties by a Home Health Agency, March 17, Subcommittee on Military Procurement, 10 a.m., 2322 Rayburn. hearing on ballistic missile testing, 10 a.m., 2118 Ray- Committee on Education and the Workforce, March 17, burn. Subcommittee on Early Childhood, Youth, and Families, March 18, full Committee, hearing on U.S. Policy on hearing on Special Supplemental Nutrition Program for Bosnia, 8:45 a.m., 2118 Rayburn. Women, Infants, and Children (WIC), 1 p.m., 2175 Ray- burn. March 18, Subcommittee on Military Installations and March 18, full Committee, to mark up H.R. 6, Higher Facilities, hearing on infrastructure implications of the Education Amendments of 1998, 10:30 a.m., 2175 Ray- Defense Reform Initiative, 2 p.m., 2212 Rayburn. burn. March 18, Subcommittee on Readiness, hearing on Committee on Government Reform and Oversight, March 17, Quarterly Readiness Reports, 3 p.m., 2118 Rayburn. Subcommittee on Civil Service, hearing on Federal Em- March 19, Subcommittee on Military Procurement, ployee Health Benefits: OPM Program Guidance for hearing on the Department of Energy fiscal year 1999 au- 1999, 1 p.m., 2154 Rayburn. thorization request and related matters, 10 a.m., 2118 March 17, Subcommittee on National Economic Rayburn. Growth, Natural Resources, and Regulatory Affairs, to March 19, Subcommittee on Military Research and De- hold a hearing and mark up of H.R. 3310, Small Busi- velopment, hearing on Russian nuclear security issues, 2 ness Paperwork Reduction Act Amendments of 1998, and p.m., 2118 Rayburn. to mark up H.R. 1704, Congressional Office of Regu- Committee on Resources, March 17, hearing on the follow- latory Analysis Creation Act, 4 p.m., 2247 Rayburn. ing bills: H.R. 1833, Tribal Self-Governance Amend- March 18, Subcommittee on Government Manage- ments of 1997; and H.R. 2742, California Indian Land ment, Information, and Technology, and the Subcommit- Transfer Act, 11 a.m., 1324 Longworth. tee on Technology of the Science Committee, joint hear- March 17, Subcommittee on Forests and Forest Health, ing on Oversight of the Federal Government’s Year 2000 hearing on H.R. 3297, to suspend the continued develop- Efforts, 9:30 a.m., 2154 Rayburn. ment of a roadless area policy on public domain units and Committee on International Relations, March 17, Sub- other units of the National Forest System pending ade- committee on Africa, hearing to preview the President’s quate public participation and determination that a Historic Visit to Africa, 10:30 a.m., 2172 Rayburn. roadless area policy will not adversely affect forest health, March 18, full Committee, hearing on the Peace Corps: and to hold an oversight hearing on follow up on the Ad- 10,000 Volunteers by the Year 2000, 10:30 a.m., 2172 ministration’s Forest Service Roadless Area Moratorium, Rayburn. 10 a.m., 1334 Longworth. Committee on the Judiciary, March 18 and 19, Sub- March 18, full committee, oversight hearing on Prob- committee on Commercial and Administrative Laws, to lems and Issues with the National Environmental Policy continue hearings on the consumer bankruptcy issues in Act, 11 a.m., 1324 Longworth. March 13, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D241

March 18, Subcommittee on Fisheries Conservation, and Airport Improvement Program, 10 a.m. on March 18 Wildlife and Oceans, oversight hearing on National Ma- and 9:30 a.m. on March 19, 2167 Rayburn. rine Fisheries Service FY ’99 Budget request and other March 18, Subcommittee on Coast Guard and Mari- National Oceanic and Atmospheric Administration pro- time Transportation, hearing on Ship Scrapping Activities grams, 9:30 a.m., 1334 Longworth. of the United States Government, 2 p.m., 2167 Rayburn. March 19, Subcommittee on Energy and Mineral Re- Committee on Veterans’ Affairs, March 18, to approve Fis- sources, hearing on H.R. 3334, to provide certainty for, cal Year 1999 Budget views and estimates, 12:30 p.m., reduce administrative and compliance burdens associated 334 Cannon. with, and streamline and improve the collection of royal- March 18, Subcommittee on Oversight and Investiga- ties from Federal and outer continental shelf oil and gas tions, hearing on Department of Veterans Affairs partici- leases, and for other purposes, 2 p.m., 1334 Longworth. pation in the Energy Management Program, 2 p.m., 334 March 19, Subcommittee on Fisheries Conservation, Cannon. Wildlife and Oceans, hearing on the following: S. 1213 March 19, Subcommittee on Health, to mark up Fiscal and H.R. 2547, Oceans Act of 1997, and the Ocean Year 1999 Construction Authorization legislation; fol- Commission Act, 10 a.m., 1334 Longworth. lowed by a hearing on quality management at the Veter- March 19, Subcommittee on Forests and Forest Health, ans Health Administration, 9:45 a.m., 334 Cannon. oversight hearing on Impact and Status of Northern Spot- Committee on Ways and Means, March 17, Subcommittee ted Owl on National Forests, 2 p.m., 1324 Longworth. on Social Security, hearing on the Ticket to Work and Committee on Rules, March 17, to consider H.R. 2870, Self-Sufficiency Act of 1998, 3 p.m., 1100 Longworth. Tropical Forest Conservation Act of 1998, 2:30 p.m., March 19, Subcommittee on Health, to mark up the H–313 Capitol. Veterans Medicare Access Improvement Act of 1998, Committee on Science, March 17, Subcommittee on Tech- 12:30 p.m., 1100 Longworth. nology, hearing on H.R. 2544, Technology Transfer March 19, Subcommittee on Human Resources, over- Commercialization Act of 1997, 2 p.m., 2318 Rayburn. sight hearing on implementation of the Temporary As- March 18, Subcommittee on Energy and Environment, sistance for Needy Families (TANF) block grant, 11 a.m., oversight hearing on Diesel Technology for the 21st Cen- B–318 Rayburn. tury, and to mark up S. 965, to amend Title II of the Permanent Select Committee on Intelligence, March 16, hear- Hydrogen Future Act to extend an authorization contained therein, 10 a.m., 2318 Rayburn. ing on Allegations of CIA Involvement of Drug Traffick- March 19, Subcommittee on Space and Aeronautics, ing in California, 3 p.m., 2118 Rayburn. oversight hearing on FY 99 Budget Request: Human March 17, executive, hearing on Director of Central In- Space Flight, 10 a.m., 2318 Rayburn. telligence Overview, 2 p.m., H–405 Capitol. Committee on Small Business, March 18, Subcommittee March 18, executive, briefing on Commercial Mapping on Government Programs and Oversight and the Sub- Technologies, 2 p.m., H–405 Capitol. committee on Regulatory Reform and Paperwork Reduc- March 19, executive, briefing on Overhead Signals In- tion, joint hearing on unequal regulatory burden borne telligence Study, 2 p.m., H–405 Capitol. by small businesses, 10 a.m., 311 Cannon. March 20, executive, hearing on Overhead Acquisition March 19, full Committee, hearing on SBA Budget, 10 Issues, 9 a.m., executive, hearing on Imagery Intelligence a.m., 2360 Rayburn. Issues, 12:30 p.m., and, executive, hearing on Signals In- March 19, Subcommittee on Empowerment, hearing telligence Issues, 3 p.m., H–405 Capitol. on legislation allowing states to use part of Community Development Block grants to cover costs of tax credits for Joint Meetings donations to organizations alleviating poverty, 2 p.m., Joint hearing: March 18, Senate Committee on Veterans’ 2360 Rayburn. Affairs, to hold joint hearings with the House Committee Committee on Transportation and Infrastructure, March 18 on Veterans’ Affairs to review the legislative rec- and 19, Subcommittee on Aviation, to continue hearings ommendations of the Disabled American Veterans, 9:30 on reauthorization of the Federal Aviation Administration a.m., 345 Cannon Building. D242 CONGRESSIONAL RECORD — DAILY DIGEST March 13, 1998

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 11 a.m., Monday, March 16 2 p.m., Monday, March 16

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: Pro Forma Session. morning business (not to extend beyond 12 noon), Senate will consider the nomination of Frederica A. Massiah- Jackson to be U.S. District Judge for the Eastern District of Pennsylvania.

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