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

Vol. 143 WASHINGTON, FRIDAY, OCTOBER 24, 1997 No. 145 House of Representatives The House met at 9 a.m. forward and lead the House in the Mr. TIAHRT. Mr. Speaker, the 13th The Chaplain, Rev. James David Pledge of Allegiance. amendment of our Constitution says, Ford, D.D., offered the following pray- Mrs. MEEK of Florida led the Pledge ‘‘Neither slavery nor involuntary ser- er: of Allegiance as follows: vitude shall exist within the United May the grandeur of Your creation, O I pledge allegiance to the Flag of the States.’’ Today we take that for grant- God, and the opportunities available to United States of America, and to the Repub- ed, and for that I am thankful. It is every person spark a new commitment lic for which it stands, one nation under God, still our standard, our ideal. But the in our own hearts and souls to become indivisible, with liberty and justice for all. 13th amendment only came to be the involved in good works in our commu- f law of the land because of the insist- nities and in our neighborhoods. If we ence and persistence of a group of Re- use a hammer, let us build. If we can MESSAGE FROM THE SENATE publicans that were called radical. sing, let us join the chorus. If we can A message from the Senate by Ms. Radical Republicans. share our dollars, let us give gener- McDevitt, one of its clerks, announced Well, Mr. Speaker, today those who ously. If we can be a mentor, let us that the Senate had passed a bill of the are protectors of big government and lead and guide. So bless us each one, following title, in which the concur- big unions are criticizing new ideas by whatever our tasks, as we light our rence of the House is requested: calling the Republicans radical, ex- candle of hope in our communities and S. 1266. An act to interpret the term ‘‘kid- treme, mean-spirited, in hopes of so witness to Your love for all human- naping’’ in extradition treaties to which the swinging public opinion in their favor. kind. This is our earnest prayer. Amen. United States is a party. They do not trust people to choose f The message also announced that the their own schools. That threatens the Senate disagrees to the amendments of big teachers unions, so they call school THE JOURNAL the House to the bill (S. 830) ‘‘An Act vouchers radical. They oppose IRS re- The SPEAKER. The Chair has exam- to amend the Federal Food, Drug, and form because they believe taxpayers ined the Journal of the last day’s pro- Cosmetic Act and the Public Health should be automatically guilty in an ceedings and announces to the House Service Act to improve the regulation IRS tax audit because big government his approval thereof. of food, drugs, devices, and biological must be funded, so IRS reform is ex- Pursuant to clause 1, rule I, the Jour- products, and for other purposes,’’ treme. Mr. Speaker, remember, when we nal stands approved. agrees to a conference asked by the hear ‘‘radical,’’ ‘‘extreme’’ or ‘‘mean- Mr. MCNULTY. Mr. Speaker, pursu- House on the disagreeing votes of the spirited,’’ it is not new. Radical Repub- ant to clause 1, rule I, I demand a vote two Houses thereon, and appoints Mr. on agreeing to the Speaker’s approval licans insisted on abolishing slavery JEFFORDS, Mr. COATS, Mr. GREGG, Mr. of the Journal. and today these derogatory words are FRIST, Mr. DEWINE, Mr. KENNEDY, Mr. The SPEAKER. The question is on just ushering in a better America of DODD, Mr. HARKIN, and Ms. MIKULSKI, the Chair’s approval of the Journal. more choice, more freedom, and more The question was taken; and the be the conferees on the part of the Sen- liberty. ate. Speaker announced that the ayes ap- f peared to have it. f Mr. MCNULTY. Mr. Speaker, I object DEMOCRATS WANT MEANINGFUL ANNOUNCEMENT BY THE SPEAKER CAMPAIGN FINANCE REFORM to the vote on the ground that a PRO TEMPORE quorum is not present and make the (Mr. DOGGETT asked and was given point of order that a quorum is not The SPEAKER pro tempore (Mr. MIL- permission to address the House for 1 present. LER of Florida). The Chair will recog- minute.) The SPEAKER. Pursuant to clause 5, nize five 1-minutes on each side. Mr. DOGGETT. Mr. Speaker, today rule I, further proceedings on this ques- f Democrats are lining up for reform. We have had enough. We have had enough tion will be postponed. RADICAL REPUBLICANS USHER IN The point of no quorum is considered delay. We have had enough Republican AN AMERICA OF MORE CHOICE, withdrawn. excuses. We have had enough hiding be- FREEDOM, AND LIBERTY f hind investigations. We want a real, (Mr. TIAHRT asked and was given meaningful cleanup of the campaign fi- PLEDGE OF ALLEGIANCE permission to address the House for 1 nance system. The SPEAKER. Will the gentle- minute and to revise and extend his re- Therefore, we are here lined up to woman from Florida [Mrs. MEEK] come marks.) sign a discharge petition to discharge

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

H9503 H9504 CONGRESSIONAL RECORD — HOUSE October 24, 1997 all the proposals on campaign finance Mr. LUTHER. Mr. Speaker, earlier the Mideast, and they are filming polit- reform, some authored by Republicans, this year we passed a balanced budget ical parties at the White House. some authored by Democrats. Some I plan and a tax cut for the American Mr. Speaker, a new report that just am for, some I am against, but we need people. We did it by working together. came out states that the use of heroin a meaningful debate on this floor and But today we are in danger of having by 12- to 17-year-olds in America is at only one thing has stopped that in this that accomplishment marred by the re- historic levels and our borders are wide House, and that is the Speaker of the fusal to clean up our political system. open. House, who refuses to bring it to the Mr. Speaker, today the target date The Democrat Party did not kill the floor. for adjournment is less than three Traficant amendment. The Democrat Mr. Speaker, we say to the American weeks away and the prospect for bring- Party is killing the Democrat Party. people that we believe the only way to ing this critical issue to the floor di- There is no program. And if the Repub- discharge our responsibilities as rep- minishes each day. Even the other licans do not step up and protect our resentatives seeking a cleanup of the body, with all of its outdated proce- borders, then both the Democrat and corrupting special interests’ influence dures, has managed a handful of votes. Republican Parties should be thrown peddling that goes on here in Washing- Here in the House we have not even the hell out and this country needs a ton is to put our names right here on a been able to debate the issue. third, new independent party. discharge petition forcing a debate so Mr. Speaker, that is wrong and that f that reform can be effected by the next is why so many of us have lined up to ANNOUNCEMENT BY THE SPEAKER election. sign this discharge petition to force de- PRO TEMPORE Mr. Speaker, if the Republicans are bate on this issue. That includes many ready to join in that effort, it will be a Democrats and a few Republicans sign- The SPEAKER pro tempore. The gen- reality. Investigate and prosecute any ing that this morning. tleman from Ohio (Mr. TRAFICANT] existing violations, but reform the law. Mr. Speaker, let us debate this issue should avoid profanity in his remarks. f and let us debate it now. f PAULDING COUNTY f INDEPENDENT COUNSEL NEEDED APPRENTICESHIP PROGRAM PRESIDENT SHOULD NOT PANDER TO INVESTIGATE WHITE HOUSE (Mr. BARR of Georgia asked and was TO COMMUNIST CHINESE LEADERS FUNDRAISING PRACTICES given permission to address the House (Mr. SAM JOHNSON of Texas asked (Mr. CHABOT asked and was given for 1 minute and to revise and extend and was given permission to address permission to address the House for 1 his remarks.) the House for 1 minute and to revise minute.) Mr. BARR of Georgia. Mr. Speaker, and extend his remarks.) Mr. CHABOT. Mr. Speaker, remem- as we in the Congress continue to grap- Mr. SAM JOHNSON of Texas. Mr. ber what President Clinton said when ple with the problem of making sure Speaker, as we know, the Chinese Gov- he first took office? He was going to Americans have the skills they need to ernment leaders are coming to Amer- have the most ethical administration work productively in today’s society, I in history. This is the same adminis- am pleased to report that the school ica and President Clinton is welcoming them with open arms. I want to ask the tration that held fundraisers in the system in my district has found a suc- White House and called them coffees. cessful way to approach this perennial President why these Chinese Com- munists can do no wrong? Is this not The same administration that held problem without Federal mandates, fundraisers in Buddhist temples and without government interference, the same Chinese Government who ille- gally donated funds to the Clinton called them finance-related events. The without tax increases, without na- same administration whose ethical tional standards. campaign? The same one that uses slave labor, that imprisons political standards led them to have sleepovers The Paulding County School System in the Lincoln bedroom so that the in Georgia’s Seventh District, under dissidents, and now has leased up our former naval base in Long Beach; a people’s house could be turned to fund- Superintendent Ray Parren and Ap- raising purposes. The same administra- prenticeship Coordinator Nick Pedro, Communist encroachment right here in tion that dialed for dollars from the has developed a youth apprenticeship the United States? White House and then could not re- initiative that places high school stu- Mr. Speaker, instead of taking member doing it. dents in meaningful work experiences money and wrapping his arms around the Chinese leader, the President The same administration that denied during their junior and senior years. It the existence of videotapes of White provides them with a broad range of should be rapping them on the knuck- House fundraising coffees and then dis- on-the-job experience with an employer les for their horrific record of religious covered them in the same uncanny of their choosing that is compatible persecution and human rights viola- manner that subpoenaed documents in with their career goals, even allowing tions. the White House Book Room were them to begin college work while en- Mr. Speaker, I say to the President, found, by the same people who could rolled in high school. ‘‘Mr. President, stop pandering to a not remember hiring Craig Living- Mr. Speaker, my office is a proud corrupt government that tortures its stone. The same administration that participant in this program. Nichole people and thumbs its nose to a free puts Dick Morris in charge of their Robinson and Julie Turner have great- world.’’ family values charade and the same ad- ly assisted our staff and acquired valu- f ministration who hired the same Dick able work experience along the way. DEMOCRATS AND REPUBLICANS I encourage all schools to begin ac- Morris to circumvent the campaign re- MUST ADDRESS DRUG PROBLEM tively searching for ways to partner form laws. AT OUR BORDERS with local businesses and government Mr. Speaker, it is the same business agencies. By preparing students to (Mr. TRAFICANT asked and was as usual at the White House. I would compete in an increasingly specialized given permission to address the House ask my colleagues on the other side of and complex economy, we can help en- for 1 minute and to revise and extend the aisle to line up to ask the Attorney sure continued national economic his remarks.) General, Janet Reno, to hire an inde- growth, prosperity, and academic ex- Mr. TRAFICANT. Mr. Speaker, the pendent counsel so we can investigate cellence. Democrats have claimed another vic- this mess. f f tory. The Democrats were successful in stripping the Traficant amendment b 0915 CAMPAIGN FINANCE REFORM that would allow troops on the border SHOULD BE DEBATED NOW from the defense bill, and all the THE MARRIAGE OF KEVIN (Mr. LUTHER asked and was given Democrats are excited about it, even MCCARTHY AND LESLIE NOLAN permission to address the House for 1 though our troops are vaccinating dogs (Mrs. TAUSCHER asked and was minute and to revise and extend his re- in Haiti, they are building homes in given permission to address the House marks.) Italy, they are guarding the borders in for 1 minute.) October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9505 Mrs. TAUSCHER. Mr. Speaker, I rise IN SUPPORT OF CAMPAIGN Gallegly Linder Rogers Ganske Lipinski Ros-Lehtinen today to acknowledge a very special FINANCE REFORM Gejdenson Livingston Rothman occasion, the marriage today of Kevin (Ms. WOOLSEY asked and was given Gilchrest Lofgren Roukema McCarthy of Long Island and Leslie permission to address the House for 1 Gilman Lowey Royce Nolan. Goode Lucas Rush minute and to revise and extend her re- Goodlatte Luther Salmon Many of my colleagues know the marks.) Goodling Maloney (CT) Sanchez tragic event which compelled Kevin’s Ms. WOOLSEY. Mr. Speaker, over 200 Gordon Manton Sandlin mother, the gentlewoman from New Goss Manzullo Sanford years ago John Hancock and dozens of Graham Mascara Sawyer York [Mrs. MCCARTHY], to seek con- other patriots signed the Declaration Granger Matsui Saxton gressional office, the reckless act of vi- of Independence to proclaim their inde- Green McCarthy (MO) Schaefer, Dan olence on the Long Island railroad that Greenwood McCollum Schumer pendence from England. Hall (OH) McHale Scott fatally injured her husband and left her Well, today, Mr. Speaker, my col- Hall (TX) McHugh Sensenbrenner son critically injured. leagues from both sides of the aisle and Hamilton McInnis Serrano It is often impossible for a family to I are putting our John Hancock on a Hansen McIntyre Shadegg Harman McKeon Shaw get through such a devastating experi- discharge petition on campaign finance Hastert McKinney Shays ence. Yet the gentlewoman from New reform. We are doing this to declare Hastings (FL) Meehan Sherman York [Mrs. MCCARTHY] and her son this Government’s independence from Hastings (WA) Metcalf Shimkus Kevin focused their energies on making Hayworth Mica Shuster big money and special interests. Just Hefner Millender- Skaggs a difference and ensuring that such a as King George refused the American Herger McDonald Skeen heinous crime could not so easily hap- Colonies the representation they de- Hill Miller (FL) Skelton pen to another American family. serve, so has the Republican leadership Hinojosa Minge Slaughter Hobson Mink Smith (MI) They are courageous people who re- continued to refuse the American peo- Hoekstra Moakley Smith (NJ) fused to give up in the face of tragedy. ple the debate on campaign finance re- Holden Moran (KS) Smith (TX) Kevin and Leslie met during his form that they want and that they de- Hooley Murtha Smith, Adam Horn Myrick Smith, Linda mother’s successful 1996 congressional serve. The colonists declared no tax- Hostettler Neal Snowbarger campaign. The positive energy sur- ation without representation. It is Hoyer Nethercutt Snyder rounding that race must have worn off time for us to say, no adjournment Hutchinson Neumann Solomon on these two, for by spring they were without a debate on campaign finance Hyde Ney Spence Inglis Northup Spratt engaged. It is rare that we have the op- reform. Istook Norwood Stabenow portunity in the well of the House to f Jackson (IL) Nussle Stark celebrate the momentous events in Jackson-Lee Obey Stenholm THE JOURNAL (TX) Olver Strickland people’s personal lives and to recognize Jenkins Ortiz Stump the silver lining which life offers us. The SPEAKER pro tempore (Mr. MIL- John Oxley Sununu Mr. Speaker, we wish Kevin and Les- LER of Florida). Pursuant to clause 5 of Johnson (CT) Packard Talent Johnson, Sam Pappas Tanner lie all the best as they enter this excit- rule I, the pending business is the ques- Jones Parker Tauzin ing time in their lives. May they ac- tion de novo of the Speaker’s approval Kanjorski Pastor Taylor (NC) cept our sincere congratulations and of the Journal. Kaptur Paul Thomas remember that our thoughts will al- Kelly Paxon Thornberry The question was taken; and the Kennedy (MA) Pease Thune ways be with them. Speaker pro tempore announced that Kennedy (RI) Pelosi Thurman the ayes appeared to have it. Kennelly Peterson (MN) Tiahrt f Kildee Peterson (PA) Tierney RECORDED VOTE Kilpatrick Petri Traficant Mr. WISE. Mr. Speaker, I demand a Kim Pickering Turner MORE ON THE IRS recorded vote. Kind (WI) Pitts Upton A recorded vote was ordered. King (NY) Pomeroy Vento (Mr. ROGAN asked and was given Kingston Portman Walsh The vote was taken by electronic de- permission to address the House for 1 Klink Poshard Wamp vice, and there were—ayes 318, noes 56, Klug Price (NC) Watkins minute and to revise and extend his re- not voting 59, as follows: Knollenberg Pryce (OH) Watt (NC) marks.) LaFalce Quinn Watts (OK) Mr. ROGAN. Mr. Speaker, if a child [Roll No. 526] LaHood Radanovich Waxman AYES—318 Lampson Rahall Weldon (FL) molester, a bank robber or a mass mur- Lantos Redmond Wexler derer is hauled before the bar of jus- Ackerman Bunning Davis (VA) Largent Regula Weygand tice, they are afforded the procedural Aderholt Burr Deal Latham Reyes White Allen Burton DeGette LaTourette Riley Wolf presumption of ‘‘innocent until proven Andrews Buyer Delahunt Lazio Rivers Woolsey guilty.’’ It is painfully ironic that Armey Callahan DeLay Levin Rodriguez Wynn when an honest American taxpayer is Bachus Calvert Deutsch Lewis (CA) Roemer Yates Baesler Camp Diaz-Balart Lewis (KY) Rogan hauled before the IRS for an audit, the Baker Campbell Dicks presumption often works in just the Barcia Canady Dingell NOES—56 Barr opposite fashion: presumed guilty until Cannon Dooley Abercrombie Gutierrez Miller (CA) Barrett (NE) Capps Doyle Baldacci Gutknecht Oberstar proven innocent. Barrett (WI) Cardin Dreier Becerra Hefley Pallone Bartlett Recently, the Republican chairman Carson Duncan Bonior Hilleary Pascrell Barton of the House Committee on Ways and Castle Dunn Borski Hilliard Pickett Bass Chabot Edwards Clay Hinchey Ramstad Means, the distinguished gentleman Bateman Chambliss Ehlers Clyburn Hulshof Sabo from Texas, offered a proposal that Bentsen Christensen Ehrlich Costello Jefferson Schaffer, Bob Berman would end this injustice: he proposed Clayton Emerson DeFazio Johnson (WI) Sessions Berry that taxpayers be given the same pre- Clement Engel DeLauro Johnson, E. B. Stupak Bilbray Coble Eshoo Doggett Kucinich Tauscher sumption the law affords criminals Bilirakis Coburn Etheridge English Lewis (GA) Taylor (MS) Bishop charged with a public offense. Unbe- Collins Evans Ensign LoBiondo Thompson Blagojevich lievably, White House spokesman re- Combest Ewing Everett Maloney (NY) Velazquez Bliley Condit Farr Fazio McDermott Visclosky sponded to this proposal by saying it Blumenauer Conyers Fattah Filner McGovern Weller would undermine the ability of the IRS Blunt Cook Flake Fox McNulty Wicker Boehlert to collect all taxes that are legiti- Cox Foley Gephardt Meek Wise Boehner mately owed. Coyne Forbes Gibbons Menendez Bonilla Cramer Ford In response, columnist Joseph Sobran Boswell Crapo Fowler NOT VOTING—59 Boucher Cummings Frank (MA) today hit the nail on the head. He Archer Brown (CA) Crane Boyd Cunningham Franks (NJ) wrote, ‘‘the IRS is the last bastion of Ballenger Brown (OH) Cubin Brady Danner Frelinghuysen Bereuter Chenoweth Dellums law and order, if you equate law and Brown (FL) Davis (FL) Frost Bono Cooksey Dickey order with government vigilantism.’’ Bryant Davis (IL) Furse H9506 CONGRESSIONAL RECORD — HOUSE October 24, 1997 Dixon McCrery Sanders sideration. The rule also provides that because the Interior appropriations bill Doolittle McDade Scarborough Fawell McIntosh Schiff the conference report shall be consid- encompasses a number of controversial Foglietta Mollohan Sisisky ered as read. The conference report for issues, including the arts and the envi- Gekas Moran (VA) Smith (OR) the Department of the Interior and re- ronment. However, I would like to Gillmor Morella Souder lated agencies appropriations bill for praise the conferees for their hard Gonzalez Nadler Stearns Houghton Owens Stokes fiscal year 1998 incorporates a total of work in reaching agreement on the re- Hunter Payne Torres $13.8 billion for the fiscal year 1998. port language. Kasich Pombo Towns In particular, I am pleased that they b 0945 Kleczka Porter Waters ultimately saw fit to include in the re- Kolbe Rangel Weldon (PA) Mr. Speaker, the agenda of the ma- Leach Riggs Whitfield port $98 million for the National En- Markey Rohrabacher Young (AK) jority has been misrepresented on a dowment for the Arts, a funding level Martinez Roybal-Allard Young (FL) number of issues in the past, one of which more accurately reflects Ameri- McCarthy (NY) Ryun those issues being our commitment to ca’s support for the arts than did the b 0939 preserving our natural treasures and original House bill from which all NEA the environment. In the 104th Con- So the Journal was approved. funding was struck on a point of order. gress, we passed a very proenvironment The result of the vote was announced It is essential that we continue Federal farm bill, a safe drinking water bill, as above recorded. support for the arts because the arts and nine other major bills that had the f enhance so many facets of our lives. support of countless environmental From the educational development of PARLIAMENTARY INQUIRY groups. Today we have before us a our children to the economic growth of funding bill that takes care of our na- Mr. LINDER. Mr. Speaker, is it not our towns and cities, we learn more tional parks and protects our environ- customary for lines forming to sign every day about the ways in which the mental resources by providing funding discharge petitions, that they do so arts contribute to our children’s learn- increases for the national parks, the along the side, so that they are not in ing. National Forest System, national wild- the middle of the gentlewoman from One recent study showed that stu- life operations, and Everglades restora- New York who is trying to present a dents with 4 years of instruction in the tion. rule? arts scored 59 points higher on the I am also very pleased that the Inte- The SPEAKER pro tempore (Mr. MIL- verbal portion and 44 points higher on rior bill amends the recreational fee LER of Florida). The Chair is advised the math section of the SAT’s than did demonstration program that will now the last several times discharge peti- students with no art classes. New re- allow parks, forests, and other public tions were filed, the line of Members search in the area of brain development lands to keep all the fees that are col- proceeded from the far right-hand aisle shows a strong link between the arts lected. This initiative, when combined so as not to interfere with debate of and early childhood development. At with the $362 million remaining from the House. the University of California in Irvine, the $699 million appropriation for the The Chair will insist that Members researchers found that music training Land and Water Conservation Fund, not stand between the Chair and the is far superior to computer instruction will help address the backlog in main- Members speaking and that Members in dramatically enhancing a child’s ab- tenance on public lands. not congregate in the well during the stract reasoning skills, which are nec- We all want our children and grand- debate. essary for the learning of math and children to enjoy the natural beauty of science. Another recent study showed f our Nation’s treasures, and I believe that doctors with music instruction WAIVING POINTS OF ORDER that this effort will ensure a better had greater diagnostic abilities in AGAINST CONFERENCE REPORT maintained and operated parks system using stethoscopes than did doctors ON H.R. 2107, DEPARTMENT OF for future generations. Mr. Speaker, I without music training, and we were THE INTERIOR AND RELATED am also pleased that the Interior bill all quite surprised to find that the skill AGENCIES APPROPRIATIONS includes funding increases for some of listening and diagnosing with a ACT, 1998 quality museums and artistic institu- stethoscope was missing in far too tions, including the Smithsonian Insti- Mr. LINDER. Mr. Speaker, by direc- many of our physicians. tution, the National Gallery of Art, the tion of the Committee on Rules, I call Obviously, arts education pays great Holocaust Memorial Council, and the up House Resolution 277 and ask for its dividends in a wide range of fields. No Kennedy Center. immediate consideration. other Federal program yields such I am not, however, supportive of the The Clerk read the resolution, as fol- great rewards on so small an invest- funding for the National Endowment lows: ment. The arts are also an integral for the Arts, which receives a $1.5 mil- driving force behind the economic H. RES. 277 lion cut in this bill below last year’s growth of our Nation. The small in- Resolved, That upon adoption of this reso- level. While I am disappointed that we vestment that we make this year, $98 lution it shall be in order to consider the were unable to hold the House position conference report to accompany the bill million, will contribute to a return of (H.R. 2107) making appropriations for the De- that I strongly supported, I am pleased $3.4 billion or more to the Federal partment of the Interior and related agencies that this bill contains some major treasury. for the fiscal year ending September 30, 1998, oversight reforms of this agency. We The arts support at least 1.3 million and for other purposes. All points of order all know that private donations and jobs, not only in New York City or Los against the conference report and against its corporate sponsors provide billions of Angeles or Chicago, but in smaller consideration are waived. The conference re- dollars to encourage an appreciation of cities like Providence, RI; Rock Hill, port shall be considered as read. the arts, and I simply do not believe we SC; and Peekskill, NY. These are just a The SPEAKER pro tempore. The gen- need to fund the NEA when these funds few of the many towns and cities tleman from Georgia [Mr. LINDER] is could be put to better use. I urge my across our Nation whose economies recognized for 1 hour. colleagues to support this rule so we have flourished, largely as a direct re- Mr. LINDER. Mr. Speaker, for the may proceed with the general debate sult of investments that have been purpose of debate only, I yield the cus- and consideration of the merits of this made in the arts. tomary 30 minutes to the gentlewoman very important bill. This is not a parochial issue. Mem- from New York [Ms. SLAUGHTER], pend- Mr. Speaker, I reserve the balance of bers of the House received a letter ear- ing which I yield myself such time as I my time. lier this year from Americans United may consume. During consideration of Ms. SLAUGHTER. Mr. Speaker, I to Save the Arts and Humanities, an this resolution, all time yielded is for thank the gentleman for yielding me organization of business leaders, ex- purpose of debate only. the customary 30 minutes, and I yield pressing their strong support for NEA. Mr. Speaker, House Resolution 277 myself such time as I may consume. In that letter the CEO of Xerox Corp., waives all points of order against the This conference report has taken a the chairman and CEO of Sun America, conference report and against its con- long time to complete, Mr. Speaker, Inc., the chairman and CEO of Sara Lee October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9507 Corp. and over 100 other business lead- have had input in this piece of legisla- we can point to with pride that this ers endorsed continued Federal funding tion. bill emphasizes maintenance. We rec- for the NEA as well as the National En- Obviously, there are things in here ognize that we have to take care of dowment for the Humanities. that people do not like. There are a few what we have. So we do not try to buy While I support the funding for the things I do not support. But this is the up everything in sight, but rather to NEA provided in this conference re- product of compromise. In a democracy say not only selectively buy land or port, I must express concern over some we have to arrive at an agreement on build facilities, but also let us main- of the report’s other provisions that I legislation that we find is in the best tain what is already in place. We have believe will have detrimental effects on interests of the United States of Amer- added money for maintenance. We have our environment. For example, the ica. I think this bill very well qualifies. added money for improvements, such conference report includes a provision I would point out also the breadth of as we had noted last night in the Ken- to remove the current cap on the use of the bill, that over three-quarters of the nedy Center. purchaser road credits in the national districts of the 435 congressional dis- I want to address a couple of issues forest system. This will encourage ex- tricts are impacted by provisions in that are of concern to many members, cessive road building in our national this bill. I would urge Members to be because I think it is very important forests and will allow timber compa- sure that they understand the impact that we support the rule on this. First nies to log in remote areas. In addition, that this has on their own district. of all, the National Endowment for the the national forest planning provision I call this the ‘‘take pride in Amer- Arts. I know this has been controver- will interfere with the Forest Service’s ica’’ bill. There is so much in here that sial. A little bit of history. In 1995, we process of updating and revising its for- gives us a reason to take pride in our did not have enough votes to pass the est management plans, which is re- country. Last night the new concert rule, so on the Republican side we quired by the National Forest Manage- hall, not the new concert hall but the made an agreement that we would pro- ment Act. Furthermore, the log export refurbished concert hall in the Ken- vide 2 years of funding and then elimi- rider will drastically reduce the effec- nedy Center was opened. It was a mag- nate all funding. tiveness of the law that bans the ex- nificent evening, and a magnificent fa- Let me point out again, the bill that port of logs from our national forests cility. It is there because of this bill in left the House did not have any money as well as from State-owned lands in the past providing part of the money for the National Endowment for the the Pacific Northwest. and also money coming from the pri- Arts. I would also point out, that in Another provision in the report al- vate sector by way of contributions, a every bill since 1995, the other body has lows money from the Land and Water tremendous partnership of the people said clearly, we do not agree with this, Conservation Fund to be used by Fed- of this Nation to put together a con- we are not going to be bound by any- eral land management agencies for the cert hall we can all look to with pride thing the House does, and we are going maintenance of existing holdings. The and point to with pride. to continue to put in funding for the use of LWCF money to meet ongoing They did something that I want to National Endowment for the Arts. maintenance needs is inconsistent with compliment them for doing. This was When we got into conference, the Mem- the purpose of the law and would rob the opening night of the new hall or bers from the other body insisted on their numbers. the LWCF of funds needed for new ac- the refurbished hall, and they invited I would also point out at this junc- quisitions, without crafting a lasting the people who did the work and their families to share the evening. What a ture that the total amount of money solution to the ongoing maintenance here is far less than it has been histori- great idea. Think of the pride those shortfalls. cally. I think at one point we were up Other language in the conference re- people felt that did all of the different around $170 million or more for the port sets out numerous requirements things that made this concert hall, I NEA. This bill has about $98 million. If before the New World Mine and Head- think, the finest in the world today. we take into account inflation, it is They were there with their children, waters acquisitions can move forward, about half of what it used to be. It is with their families. What a wonderful and allows the authorizing committees almost $40 million less than the Presi- idea. We should do more of that. to stipulate additional requirements dent requested. But, also, in view of I think it is ‘‘take pride in America’’ for these projects. Given that general the Senate’s insistence on their posi- as you listened to that great symphony authorization already exists for these tion, we put in conditions restricting play and perform and to listen to Ver- two acquisitions, any additional re- the way this money would be expended. quirements are unnecessary and set a non Jordan recite the quotations from dangerous precedent for future acquisi- Martin Luther King with a background b 1000 tions. of the National Symphony, a very mov- First of all, we provide, and this is a With those reservations, Mr. Speak- ing evening. We can take pride in suggestion from the gentleman from Il- er, I would like to thank my colleagues America in this bill because we address linois [Mr. YATES], and I think a good on the conference committee for their diabetes problems in our Indian popu- one, that there be three Members of hard work in coming to an agreement lation. It is a care bill. We have extra each House on the board. We reduce the on the report language and in particu- money in here because this is a prob- number of public Members from 26 to lar for their efforts in regard to the lem for our friends in the Indian popu- 14, add 6 Members of the House and NEA. lation. Senate, just as we do with the Kennedy Mr. Speaker, I reserve the balance of It is a take-pride bill because I noted Center and with the Smithsonian. I my time. this morning in the news that we have think that is a very important ele- Mr. LINDER. Mr. Speaker, I yield the highest percentage of home owner- ment. It gives us oversight on a daily such time as he may consume to the ship ever in the history of this country, basis of the NEA. gentleman from Ohio [Mr. REGULA]. over 66 percent. That is one of the We also recognize that the States (Mr. REGULA asked and was given great American traditions, to own your have done an outstanding job, so we permission to revise and extend his re- own home. Part of that is trees, not a provide that instead of the States get- marks.) lot, but some of the trees that come ting only 34 percent of the money, they Mr. REGULA. Mr. Speaker, I thank out of our national forests, another will now get 40 percent of the money. the gentleman for yielding me this great asset of America that is used to We also provide that no State can get time. This is the rule on the conference help build those homes. more than 15 percent of the total avail- report on the Interior bill. I would urge It is a ‘‘take pride in America’’ be- able to the States. We want to spread all Members before we vote on the rule cause it provides for Indian hospitals, this across the Nation. We provide that to take a good look at this bill. A lot for Indian schools. It means that the grants have to be made to companies of groups have worked on it, the White native Americans have a chance to that are not professional. Under the House, the staff from the authorizing break out, to get an education, to get rules of the NEA, historically only pro- committees of both Houses and the their health needs met. fessional companies could get grants. Committee on Appropriations and I could go on at great length about We said let’s make these small commu- Members from both sides of the aisle, this, but I think also it is something nities across the United States, where H9508 CONGRESSIONAL RECORD — HOUSE October 24, 1997 they have a volunteer ballet or a vol- As a footnote, I might say that twice Just let me close by saying to all of unteer opera company, eligible for a as many people use the National For- my colleagues I am sure that you will little bit of help. So we have done that. ests for recreation as use the national find things you do not like about this We have put in a strong educational parks, and that is one of the reasons bill. We all can find things. But we are component. We say we want these that good roads are very important, be- one Nation, and, on balance, this bill I grants to have an educational impact. I cause we do not want a family going think overall is good for the United thought, as I listened to the National out there with their kids to camp or to States of America. It is good for the symphony last night, I just wonder if hunt or to fish, going off the road. We environment. It is fair, it tries to ad- one of those people performing as part do not want these roads pushed dress the problems that we have out of the symphony might have been in- through by a bulldozer so when you get there in a way, and we try to do it in spired by an ensemble that went out the first rain the road goes down in the a very economical way. That is the rea- from a local community, as they did in local creek. So we want them built to son we were able to reduce the cost $400 ours, and visited the schools. They got certain standards. That is the reason million under last year, while at the a small grant and went out with the there is an element of Federal control. same time increasing the parks by $79 small grant, the financing, with an en- We also want roads that when we million, increasing the forest by $42 semble, to tell students what a sym- have insect problems, disease preven- million, and I could go on. phony is all about. Maybe one of those tion, fire suppression, that our people One last feature I would mention is people last night had that kind of an can get in in a safe way. that we provide 100 percent of the fees impact. So I hope Members will give some collected at the parks, at the forests, We also eliminate seasonal grants thought to that as you make a decision in the Fish and Wildlife Service, at the and subgranting, because a lot of prob- on whether or not to support the rule BLM facilities, 100 percent stays in the lems NEA has suffered was a result of and support the bill. service. It does not go to the Treasury. their giving a grant which was then We also provide significant with- It used to go to the Treasury so there subgranted to another group or individ- drawal funds for refuge maintenance. was no incentive. ual. For example, the experience in This does not get a lot of attention. Now, when the management of the Milwaukee, that was a lump sum grant But we provide money that they can parks collect a very modest fee from to the institution, and they in turn build dikes, that they can make these those parks or forests or any of those made a subgrant that we found objec- facilities more accessible. I know that facilities, they get to keep it. If you do tionable. That cannot happen anymore, the Ducks Unlimited people are very not think it is great, just talk to a because we have addressed that prob- supportive of the bill for the reason park superintendent about how they lem. I could mention a number of other that we do that, and we are going to have been able to do things that other- things, but I think those are the impor- have the 100th anniversary of the Fish wise they were not able to do because tant ones. More money to the States, and Wildlife Service in the year 2003 of this. spread this over the Nation, get the and we are doing everything we can to I found one little interesting thing. I education component in, and limit make sure that the facilities are in visited one of the parks out in Califor- what any one State can get, plus, of first class condition. nia, and the people there told me that course, having the oversight of Mem- I think there are a lot of positive since they have had the fee program, bers of Congress. things in this bill that I would rec- vandalism has gone down. Why? Be- I might also add, we have reduced the ommend to Members. cause the individual has got a stake in overhead. We reduced the amount that One last comment. We have heard a it. can be spent on people downtown by lot about global warming in the last When they are paying something, $566,000, and there is another feature in few days, and I think this is another they realize that there is value to this. here, many of my colleagues who ob- very, very proenvironmental feature of They take better care of it, and at the ject to NEA say privatize it. Well, we this bill. People are talking about glob- same time visitation was going up. start that. We have a beginning. We al warming. So this is a great policy issue that is give the NEA authority to seek private How do you address global warming? part of this program, and this is a good funds. I think this could lead to an evo- By reducing emissions. What do we do bill. This is a good bill. Members lution of private financing for the Na- in this bill? Under the energy section, should vote for it. It is important to all tional Endowment for the Arts. we have a $42 million increase for con- of us. It is important to the environ- I hope that in making decisions on servation programs. Conservation, mental future. It is important to the this, that people will consider what we burn less and do it more efficiently. recreation future. It is important to have done by way of restrictions to en- Part of that is clean coal, part of it is the conservation, global warming, all sure that the NEA is focused on the the way we use natural gas and many of these things. This bill tries to ad- cultural heritage of this Nation; that other things. dress them in the best possible way. the NEA is focused on inspiring people But that is the real world of global Mr. Speaker, I urge Members to vote to do things that are worthwhile, such warming, and that is conservation. We for the rule and vote for the bill. as what we saw last night with the Na- do it. We have increased by $42 million Ms. SLAUGHTER. Mr. Speaker, I tional symphony. The other area of the amount we can allocate to that. yield 7 minutes to the gentleman from contention is in the Forest Service Alternate fuels, new ways. Fuel cells, Oregon [Mr. DEFAZIO]. area. I want to point out a few things for example, new technology. Again, Mr. DEFAZIO. Mr. Speaker, I thank here. this bill provides funding for a number the gentlewoman for yielding me time. First of all, we have one of the lowest of critical programs, but I want to Mr. Speaker, I rise in opposition to allowable cuts we have ever had. Just point out again one feature throughout the rule and the conference report. for example, about 10 years ago, we the bill, and that is we want matching Those who were here who remember provided for 11 board feet to be cut. funds. On our energy programs, on the the timber salvage rider, or those who This bill limits it to 3.8 billion, a very technological developments, we require were here in support of the timber sal- substantial reduction. I think this a match from the private sector, so vage rider, one of the worse environ- should make those of you who are con- they, too, have a stake in what is done, mental votes of recent Congresses, and cerned about the environment very and the same thing is true in other in fact something that was even disas- happy with this in the bill. parts of the bill. trous for the industry that promoted it We also provide money to close more I think that this partnership ap- because of the backlash, will love this roads than we build. That is another proach is an important element in ev- bill. Because this bill is rife with spe- very proenvironmental feature of the erything we do in terms of research. cial interest, antienvironment riders, bill. We provide for forest health. We There are a lot of other technological in addition to a rider which effectively recognize that we need to have healthy items in here, weatherization, which repeals the ban on the export of Fed- forests for those that want to recreate again is designed to conserve fuel to eral logs. in our forest, for those who want to impact on the problem of global warm- That is right, we are now going to enjoy the out of doors. ing. supply the Japanese with logs from our October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9509 Federal lands. There is deep denial on And, guess what? They do not cut lose the manufacturing jobs that turn the the part of a few who promoted this any trees. Why? Because we give them raw logs into lumber used for construction amendment, particularly our colleague the logs. And under this bill we will and other value-added activities like fur- niture making. from Washington State, but that is give them more logs and they will Representative Peter DeFazio is circulat- true. I will read later from a report come off of our Federal lands. It will ing a letter to President Clinton and the In- which documents that. increase pressure on those Federal terior Appropriations Conferees urging them It has a provision that would prevent lands. to oppose this weakening of the 1990 log ex- the Forest Service from updating and This is a horrible provision, a hor- port ban. On behalf of the 500,000 members of revising its forest management plans. rible precedent. Again, the apologists the Carpenters Union, I ask you to add your No matter which side of the forest de- will say, no, we are just fussing it up a signature to this very worthwhile request. Sincerely, bate you are on, you should be opposed little bit. These 12 pages that we put in DOUGLAS J. MCCARRON, to that provision. Even if you want there, these provisions that the inspec- General President. higher harvest on the Federal lands, tor general says will gut the law, they you would freeze in place the current will not really gut the law; do not SEPTEMBER 5, 1997. regime. You will not update the plans. worry about it, or we will fix the prob- President BILL CLINTON, You will fall in conflict with other Fed- lems later. Not a single hearing was The White House, Pennsylvania Avenue NW, eral laws. held in the House or Senate by the au- Washington, DC. It overturns a court injunction DEAR MR. PRESIDENT: We urge you to op- thorizing committees. Not a single pose any amendments that may be included against the Forest Service on one-half hearing. No discussion on things pre- in the fiscal year 1998 Interior and Related of the grazing leases on 11 southwest- viously stuck in by the Senate. We are Agencies Appropriations bill that would ern national forests. It has a provision being told we cannot control the Sen- weaken the 1990 law banning log exports delaying the completion of the Pacific ate. from federal and state lands in the West, or Northwest interior Columbia eco- otherwise prevent the Forest Service from b 1015 system management process, which property enforcing the export ban. may well put us again in conflict with Two Senators from Washington State As you know, in 1990 Congress overwhelm- the Endangered Species Act and bring and one Representative from Washing- ingly approved a permanent ban on the ex- ton State are particularly promoting port of unprocessed timber from National more court injunctions against activi- Forests, Bureau of Land Management and ties in the Pacific Northwest. It has a this provision. Again, they are denying state-owned lands in the Western United provision preventing the reintroduc- the reality of it. We have the opposi- States. An important part of that law pro- tion of grizzly bears into the Bitter- tion of 60 national and local environ- hibits a log exporting company from pur- root ecosystem and on and on. mental groups to the provisions of this chasing federal timber for its mills as a re- Also, for the first time, it takes land bill; we have the opposition of the Na- placement for private timber the company is and water conservation funds and not tional Carpenter’s Union to this bill. exporting. This practice, known as ‘‘substi- acquiring lands that we need to protect Mr. Speaker, I include for the tution,’’ is little more than the backdoor ex- port of federal timber. RECORD these statements in opposition. the wildlife of this country, sensitive A Washington State trade group represent- wetlands and others that are threat- The material referred to is as follows: ing the interests of large exporting firms is ened with development, taking things UNITED BROTHERHOOD OF attempting to significantly weaken the 1990 from the huge list of backlogs and land CARPENTERS law. The group has asked members of the and water conservation funds. No. It AND JOINERS OF AMERICA, House and Senate Appropriations Commit- gives $10 million to Humboldt County Washington, DC, September 4, 1997. tees to support an amendment that would in the district of the gentleman from Representative PETER A. DEFAZIO, make it legal for a company to purchase fed- U.S. House of Representatives, Rayburn House eral timber as a direct substitute for private California [Mr. RIGGS], and $12 million Office Bldg., Washington, DC. timber the company is exporting. Appar- for a road maintenance fund in Mon- DEAR REPRESENTATIVE DEFAZIO. The Unit- ently, the Forest Service has drafted an tana for the gentleman from Montana ed Brotherhood of Carpenters and Joiners amendment aimed at satisfying the log ex- [Mr. HILL], and $10 million to the State has always supported a ban on the export of port lobby’s concerns. of Montana in terms of Federal mineral raw, unprocessed timber from public lands. Every log exported from the Pacific North- holdings. Why? To offset the impact of In response to our calls and those of Amer- west increases the economic and political actual land water conservation pur- ican workers across the country, Congress pressure to log the region’s federal forests. approved a ban in 1990. Recently, language chases promoted by the administration The Northwest Forest Plan is already under was inserted into the Senate FY 1998 Interior severe stresses and strains from attacks for the headwaters area and in the new Appropriations bill that weakens this bill. from the timber industry and the 104th Con- world mine. Through the practice of substitution, log gress. Overcutting federal lands resulted in These are payoffs, these are unprece- exporters can export private, unprocessed wild salmon and ancient forest dependent dented, and a very, very bad use, and timber while buying public timber to make wildlife headed for extinction. Now is not the an unauthorized use of land and water up for the shortfall caused by their own ex- time to allow for a backdoor to open for cut- conservation funds, but they are pro- ports. This practice was restricted in the 1990 ting down the forests owned by U.S. citizens. tected by the rule, as are these other legislation and any attempts to weaken it The ban on log exports from public lands unauthorized provisions in this bill. should be opposed. enjoys overwhelming support in the Pacific The current Senate rider impacts the anti- Northwest. Not only is export ban hugely But the worst and least understood substitution aspects of the law. These substi- popular, it is critical to the health of the provision is one that the Department tution limitations were included to prevent Northwest’s forest ecosystems. We urge you of Agriculture’s own inspector general, companies from circumventing the intent of to defend the integrity of the 1990 log export despite what some here will protest, the law by exporting private raw logs and ban by insisting that the total prohibition who are apologists for the log export- then buying public timber to substitute for on federal and state log exports continue and ers, say, and I quote, ‘‘They will effec- the exported logs. This policy was set to en- that the Forest Service property implement tively gut the 1990 law banning the ex- courage companies to make a choice, within the ban on substitution. port of unprocessed logs from National any given ‘‘sourcing area,’’ between supply- Sincerely, ing their mills with federal timber or export- Steve Thompson (Box 4471, Whitefish, Forests in the West.’’ ing private, unprocessed timber, not both. MT 59937) on behalf of, Bonnie Joyce, Let me repeat that. Effectively gut The rider would alter the definition of Friends of the Coquille River (OR); the 1990 law. She goes on to say? Her these geographic sourcing areas and render Adrienne Dorf, Gifford Pinchot Task opinion, it would basically make en- the anti-substitution rules ineffective. The Force (WA); Ellen M. Bishop, Grande forcement dependent upon voluntary high economic value of these logs and the Ronde Resource Council (OR); Bill compliance, voluntary compliance, growing practice of transporting them long Hallstrom, Green Rock Audubon Soci- when there are millions of dollars to be distances, between sourcing areas, have di- ety; Julie Norman, Headwaters (OR); made by diverting these scarce Federal luted the sourcing area limitations. This, Rick Johnson, Idaho Conservation resources into export to the Japanese, along with the Senate rider will make it pos- League; John Osborn and Steve sible for companies to more easily export Thompson, Inland Empire Public lands who do not harvest a single log. Fifteen raw logs and purchase and process public Council; David Orr, John Muir Project thousand mills operating in Japan, 350 timber. of Earth Island Institute; Jim Britell, struggling to operate in the Pacific Workers suffer when raw logs are exported. Kalmiopsis Audubon Society (OR); Tim Northwest. Not only do we lose the commodity itself, we Coleman, Kettle Range Conservation H9510 CONGRESSIONAL RECORD — HOUSE October 24, 1997

Group (WA); Chris Magill, Kitsap Au- REVIEW OF THE FOREST RESOURCES CON- substantial compliance during the preceding dubon Society (WA); Felice Pace, SERVATION AND SHORTAGE RELIEF ACT OF year or where the tranferor and the trans- Klamath Forest Alliance (CA); Dave 1997 feree enter into an advance agreement to Stone, Lane County Audubon (OR); As requested by Jim Lyons, I have re- comply with domestic processing require- Amy Schlachtenhaufen, Lighthawk; viewed Title VI, H.R. 2107. I was requested to ments. Susan Crampton, Methow Forest provide the quickest possible assessment, as It will be extremely difficult for an audit Watch (WA); Alexandra Bradley, the bill is currently in conference. Therefore, to demonstrate that an entity had complied Quilcene Ancient Forest Coalition this evaluation reflects my preliminary con- with domestic processing requirements in (WA); David Dilworth, Responsible clusions only and does not reflect an ‘‘in- the absence of an effective system of inter- Consumers of Monterey Peninsula; depth’’ assessment of the myriad factors nal control. Further, the conditions for a Cynthia Wilkerson and Owen Reese, that could affect implementation. waiver will be almost impossible to assess in Student Environmental Action Coali- Implementation of the proposed bill will the subsequent years, when transaction re- tion; Bill Arthur, Sierra Club, North- effectively gut the ‘‘Forst Resources Con- porting is no longer required, based on dem- west Regional Office; Steve Marsden, servation and Shortage Relief Act of 1990.’’ onstrated compliance in the initial year. As Siskiyou Regional Education Project In essence, that act prohibited export of un- a ‘‘worst case scenario’’ a purchaser could (OR); Cheryll Blevins, Southern New processed logs harvested on Federal land and determine to strictly comply with domestic Mexico Group of the Sierra Club; David established limitations on the ability of an processing requirements for one year, care- Biser, SouthWest Center for Biological exporter to substitute unprocessed Federal fully document compliance for that year, ob- Diversity (NM); David C. James, Spo- timber for unprocessed timber exported from tain a waiver for the subsequent year, and kane Chapter of Trout Unlimited (WA); private lands. The amendments currently intentionally fail to document subsequent Robert M. Freimark, The Wilderness under consideration allow some direct sub- transactions. Without documentation and Society; Ken Carloni, Umpqua Water- stitution in Washington State, west of the concomitant branding, it will be nearly im- sheds, Inc (OR); Stephen I. Rothstein, Colville National Forest, the area where we possible to identify noncompliance, and a Univ. of California, Santa Barbara, have been told that most of the exports purchaser may be able to violate the act Dept. of Ecology, Evolution and Marine originate. A person could acquire federal with a reasonable certainty that he cannot Biology; Ben Watkins and Mary timber, and, in the same area, export private be caught and prosecuted. Schanz, Voices for Animals (AZ); Mar- timber if the timber originates from land he The second basis for a waiver is also prob- tin C. Loesch, Washington Wilderness does not own or have an exclusive right to lematic—an agreement between the trans- Coalition; Steve Phillips, Washington harvest timber for more than seven years. feror and the transferee to comply with do- Wildlife Federation; and Jeff Stewart, The Act also would allow a purchaser of fed- mestic processing requirements. In essence, Washington’s Eighth District Con- eral timber to export private timber imme- the Secretary will be saying ‘‘You do not servation Coalition. diately after disposal of federal timber, with- have to report if you agree beforehand to obey the law.’’ It would be an unusual timber Mr. Speaker, there are also a number out regard to the calendar year restriction currently in place. Under current law, this purchaser or processor who would not be of mills in the Pacific Northwest, in- would have been deemed substitution. Fur- willing to state an intention to comply with cluding Boise Cascade, and 20 small ther, the Act subjects certain basic internal federal law, regardless of actions the individ- independent companies in Oregon and controls (e.g., log branding and record keep- ual planned to take. An additional area of concern is the defini- ing) to a cost-benefit test that may make re- Washington, who oppose the log export tion of a violation to mean ‘‘with regard to strictions difficult or impossible to enforce. provisions. a course of action.’’ This could be inter- Without these basic internal controls, the preted to mean that enforcement official Again, who supports it? Five very risk of commingling federal and non-federal must demonstrate a pattern of behavior be- timber escalates dramatically. With comin- powerful large log exporting companies fore taking action. As a result, even egre- gling comes an increased opportunity to di- led by Weyerhauser in Washington gious ‘‘one-time’’ offenses very difficult to vert non-export logs into the export market. State, two U.S. Senators from the address. State of Washington, and our col- Enforcement of proposed bill will be so dif- A new category of violation is created in ficult that the Department will be dependent the proposed bill. A ‘‘minor violation’’ in- league, the gentleman from Washing- on the voluntary compliance of timber pur- ton. That is about it. Those are the volving less than 25 logs and a total value of chasers, exporters, and mills. Regulations less than $10,000 is to be redressed through people who are promoting this, over- developed to implement the current law were the contract. In effect, this allows for lower turning the intent of Congress, a long- suspended by Congress, in part because of fines to be assessed. It is unclear what effect standing Federal law that says we are the perceived adverse effect on the Western ‘‘minor violations’’ would have on dem- not going to take our logs and export Forests Products industry. The suspended onstrating a ‘‘course of action.’’ If a pattern regulations included key internal controls to of minor violations was not sufficient to them from Federal lands to a country, enable the Department to enforce the ban on Japan, which does not harvest any demonstrate a ‘‘course of action,’’ then en- export or substitution. The controls were not forcement officials could be put in the very trees of its own, and does not allow significantly different than many currently difficult position of documenting a series of freely our finished products into its in place as part of Forest timber theft pre- events, each one individually exceeding 25 markets; no tariffs on our logs, but big vention plans. For example, the suspended logs and $10,000 in value, before prosecution. tariffs and barriers on our finished regulations required branding and painting The proposed bill requires a hearing prior of federal timber and reporting information wood products. to debarment—even in cases where a crimi- about transactions involving federal timber. nal conviction has been obtained (e.g., tim- This is not a minor technical revision The proposed law subjects the key controls ber theft) or where a civil judgement has in the law. Again, according to the De- of timber marking and reporting to a cost/ been obtained and no material facts are in partment of Agriculture’s inspector benefit analysis—perhaps making it more dispute. Current debarment regulations per- difficult for the Forest Service to establish mit debarment in these situations based on general, it will force the forests to rely these controls which are specifically aimed on the voluntary compliance of timber the administrative record. By changing this at the detection of non-compliance. In es- provision, the Act will allow a person con- exporters in order to enforce the ban. sence, it will be necessary to demonstrate victed of timber theft, with outstanding civil The ban will still stand, but they will the existence of violations to obtain support judgements, to continue to bid on and be not be able to enforce it. In fact, the for implementation of the controls. However, awarded federal timber contracts during the IG’s office states that this provision demonstrating violation will be nearly im- period of the proposed debarment. This would allow exporters to directly ex- possible, as the controls to allow detection of course of actions seems unwise, at best. violations will not be in place. An additional, port Federal timber, in the full knowl- unintended effect of the requirement could Mr. Speaker, the radical overhaul of edge that their chances of getting result in Forest Service inability to enforce the law banning log exports from our caught are near zero. extant marking requirements aimed at en- public lands could never stand the light Mr. Speaker, I include for the suring compliance with domestic timber of day. That is why it is stuck into this measurement issues (i.e., branding to ensure bill with no hearings, no deliberation, RECORD the opinion of the inspector proper scaling and payment for federal tim- and it was only done by a couple of general from the Department of Agri- ber.) Senators who we cannot control, along culture into the RECORD, Ms. Rebecca Current requirements mandate reporting with the other antienvironment riders Batts, director of the Rural Develop- of all federal timber acquired and each sub- in this bill. ment and Natural Resources Division sequent transaction involving that timber. The proposed bill would subject the require- This is a bad precedent for the U.S. of the Department of Agriculture’s IG House of Representatives. Are we going office. ment to a cost/benefit analysis and, if the re- quirement is imposed, allow for waivers in to allow the Senate to do these sorts of The material referred to is as follows: instances where audits have demonstrated things repeatedly on these bills, or are October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9511 we just going to let this cruise by by did the best job we could negotiating I have introduced legislation which protecting those things in this rule? I on this bill, given the fact that the peo- would establish a joint Federal-State hope not. Future conference reports ple who are quarterbacking the con- task force to resolve this issue. The will be even worse, more rife with spe- gressional lobbying for the administra- task force would be charged with re- cial interest riders, if we in the House tion are Little Leaguers. I cannot help viewing the scientific and environ- do not stand up for our prerogatives that. All I can do is work with what mental data available, commissioning and oppose this rule. God gives me. So we are doing the best further studies if necessary, and then Mr. LINDER. Mr. Speaker, I yield 2 we can under the circumstances. making a permanent policy rec- minutes to the gentleman from Colo- There is no question, in my view, ommendation based on sound science. rado, Mr. DAN SCHAEFER. that the administration gave away far Others have other views. I would (Mr. DAN SCHAEFER of Colorado more than they should have, both to yield to the distinguished chairman for asked and was given permission to re- some interests in this country and to his comments on that. vise and extend his remarks.) some individual Members of Congress. Mr. YOUNG of Alaska. Mr. Speaker, Mr. DAN SCHAEFER of Colorado. We hear a lot of talk from the White will the gentleman yield? Mr. Speaker, I want to talk about an- House about the money that they are Mr. GOSS. I yield to the gentleman other point which is not brought up going to save on the line-item veto, for from Alaska. here today. I want to say that I am instance. Mr. YOUNG of Alaska. Mr. Speaker, I very personally disappointed that we This bill is a classic example of how appreciate the gentleman’s concerns in now have a chance to stop another sale the executive branch of Government, OCS matters, particularly with respect of our strategic petroleum reserve. regardless of party, will, in the present to the Gulf of Mexico bordering his I understand when the Committee on and in the future, use the line-item State of Florida. I agree that leasing Appropriations, over the objection of veto and use their other powers in moratoria, such as in this conference the Committee on Commerce, proposed order to leverage more spending in a report, are not a fully satisfactory way a one-time sale, just a one-time sale of bill, because this bill contains at least to address our policy for oil and natu- SPR oil to pay for the decommission- three items which are out-and-out gifts ral gas exploration and development in ing of Week’s Island in Louisiana. I re- to individual Members of Congress in the OCS. member at the time, I said, if you open order to facilitate the ability of the ad- As chairman of the authorizing com- the door, everybody is going to look at ministration to spend almost $700 mil- mittee of jurisdiction, I would like to this as a giant piggy bank. All of a sud- lion in additional money. remind my colleagues of the consider- den, if you need some more money, let Mr. Speaker, I will support this bill, able contribution that oil and gas from us sell some more SPR oil. because in the public interest it is the the OCS makes toward meeting our Na- This is getting to be the fourth time best we can do under the cir- tion’s energy needs. Therefore, I am in- now that we have gone into this oil re- cumstances. But I for 1 minute do not terested in a thorough review of the serve. It is about time we make a stop. want to leave the impression that I in provisions of H.R. 180, and other bills This is emergency energy for this coun- any way am thrilled by the content of which would authorize permanent clo- try, and here we are, dipping back into much of it. I am not. I think on bal- sures of portions of the Outer Con- the oil reserve one more time. Mr. ance it deserves to be supported be- tinental Shelf, in order to weigh the Speaker, I think the taxpayers in this cause the gentleman from Ohio [Mr. benefits of oil and gas development country ought to know this. The oil REGULA] and the gentleman from Illi- versus the potential risks to coastal that we have down there is about $35- nois [Mr. YATES] have done the best job and shelf resources. or $36-a-barrel oil and we are turning they could under the circumstances, I assure the gentleman that the Com- around and selling it for about $22. but I cannot help the fact that we have mittee on Resources will hold a hear- This is not a good deal for the Amer- had a sometimes pitiful approach from ing on this issue during the next ses- ican taxpayer. This should be stopped the other end of the avenue. sion of Congress. as soon as we possibly can. Mr. Speak- Mr. LINDER. Mr. Speaker, I yield 3 Mr. GOSS. Reclaiming my time, Mr. er, I am in a position here where I minutes to the gentleman from Florida Speaker, I thank the gentleman pro- think we have some really good things [Mr. GOSS]. fusely for all of those interested in this in this bill, but when we look at the (Mr. GOSS asked and was given per- issue. possibility of taxpayers in this country mission to revise and extend his re- Mr. YOUNG of Alaska. If the gen- getting ripped off, I think this is a good marks.) tleman will continue to yield, I would illustration of it. They are getting Mr. GOSS. I thank the distinguished like to say that I rise in support of this ripped off. gentleman from Georgia for yielding rule and this bill. This is of great inter- So therefore, I think what we have to time to me. est to the gentleman from Wisconsin do is go back and review this again. We Mr. Speaker, I rise to support this [Mr. OBEY]. There is a lot in this bill I had a tremendous discussion prior to rule, this bill, and engage in a brief col- do not necessarily agree with, either, this bill going to conference, so I would loquy with my friend, the gentleman but this is the work of what I call com- just say now that this rule should not from California, Chairman YOUNG, on a promise and working with different allow the sale of SPR oil. It should not matter involving Outer Continental factions. I believe this is the best we allow it. It is a ripoff to the taxpayers. Shelf drilling. can do. Ms. SLAUGHTER. Mr. Speaker, I Mr. Speaker, I have long been inter- There are some parts of it in which I yield 5 minutes to the gentleman from ested in the question of oil and natural may not agree with the gentleman Wisconsin [Mr. OBEY], ranking member gas drilling off the coast of the State of from Illinois [Mr. YATES], who has done of the Committee on Appropriations. Florida. Each year for well over a dec- a yeoman’s job, but he also has some Mr. OBEY. Mr. Speaker, I am sup- ade Congress has adopted a morato- parts that he does not agree with me. porting this rule, and I am going to rium on oil and gas activities in some However, this is a good piece of legisla- support this bill. If the administration of our Nation’s sensitive waters, and tion that should be passed. vetoes it, I will speak to override the this year’s moratorium is included in I urge our colleagues to understand veto. I do not want to do so because I the conference report before us. We all one thing. If this does not pass, a lot of think that this bill is perfect. It is not. agree, this is not the best way to do things that are in there will not be There are many items in this bill that this. available when we go back to the table. I believe should not be here. I agree The moratorium does not provide a I think it is the right thing to do. We with the gentleman from Oregon [Mr. long-term solution to the principal should do it. I compliment the gen- DEFAZIO] on the log export question. I problem affecting the OCS program. tleman working on it. think that is outrageous. I also think Notably, the current OCS regime does Mr. GOSS. Reclaiming my time, Mr. there are a number of other giveaways not provide States and localities with Speaker, I would like to echo the senti- in this bill. sufficient involvement in decisions ments, and congratulate the gentleman But I have to say that I honestly be- that can greatly affect them, in the from Illinois [Mr. YATES] and the gen- lieve that on this side of the aisle we minds of many. tleman from Ohio [Mr. REGULA] for H9512 CONGRESSIONAL RECORD — HOUSE October 24, 1997 good work under very difficult cir- b 1030 mitment and effort to preserve and cumstances. I urge passage of the bill Also, it will allow the free movement protect the National Endowment for when it comes time. of private timber in the Northwest, the Arts that preserves and protects Ms. SLAUGHTER. Mr. Speaker, I which will allow more of it to be do- our culture, that I would argue that yield 2 minutes to the gentleman from mestically processed. this is an important rule and that we North Carolina [Mr. HEFNER]. Mr. Speaker, let me point out the must move forward. (Mr. HEFNER asked and was given bottom line is that under the law that Mr. Speaker, the National Endow- permission to revise and extend his re- was passed in 1990, at the end of last ment for the Arts has been under at- marks.) year the State of Washington would tack for a number of years. I hope this Mr. HEFNER. Mr. Speaker, I rise in have been able to export 25 percent of legislation will get us reformulated in support of this rule, but the comments its State’s logs. What this ban does is our strategy to increase its funds, to that I have have absolutely nothing to say, no, we are going to keep public recognize its stand for the preservation do with this rule. timber, State and Federal, at home. We of our culture and legacy and fight Back in May of this year, my broth- are not going to allow it to be ex- against the radical right that want to er’s wife passed away after a long bout ported. Fifty-three percent of those destroy the arts of this Nation. with cancer. I asked for and received sales of State timber in Washington Mr. LINDER. Mr. Speaker, I reserve permission to be out to attend the fu- State go down to Oregon, 53 percent. the balance of my time. neral. The gentleman from Georgia, at Mr. Speaker, we did not hear our Ms. SLAUGHTER. Mr. Speaker, I the onset of this debate, said that it former colleague, Mr. Wyden, or we yield 5 minutes to the gentleman from had been misrepresented, that the mi- have not heard the gentleman from Or- California [Mr. MILLER]. nority had misrepresented so many egon [Mr. SMITH] or anybody else from (Mr. MILLER of California asked and things around here. I thought this Oregon up here denouncing this bill, was given permission to revise and ex- would be a good time to talk about because they recognize it will mean tend his remarks.) misrepresentation. more timber for small businesspeople Mr. MILLER of California. Mr. There was a press release sent to the in the State of Oregon. Speaker, I rise in opposition to the rule newspapers in my district that said Mr. Speaker, I frankly am outraged and to the conference report because, that BILL HEFNER had voted against a by the deceit that has been put in and as has been the case with past appro- bill that would cause a train wreck, surrounded on this particular provi- priations bills, this report is riddled and would have corrected that. I was sion. This is a good provision. with indefensible and unsound and not here. I had an excused absence. Mr. LINDER. Mr. Speaker, I continue undebated provisions that represent a When I called the NRC, they said they to reserve the balance of my time. direct assault on the environment and would probably issue an apology or a Ms. SLAUGHTER. Mr. Speaker, I the resources of this country. correction. I approached the gentleman yield 2 minutes to the gentlewoman Mr. Speaker, I want to concur in the from Georgia and I was told, grow up, from Texas [Ms. JACKSON-LEE]. statements of the gentleman from Wis- this is my job. (Ms. JACKSON-LEE of Texas asked consin [Mr. OBEY], the ranking member If that is the procedure we are going and was given permission to revise and of the Committee on Appropriations, to use in this House, if we talk about extend her remarks.) that the negotiations on behalf of the comity, it was a very serious thing for Ms. JACKSON-LEE of Texas. Mr. White House have been completely me, for a death in my family, as it Speaker, I rise to say, ‘‘Thank you, bungled and mishandled and the result would be for anybody in this House. Honorable Congressman SIDNEY is a bill that is very, very damaging to And if that is the way politics is going YATES.’’ I rise today to applaud the in- America’s environment. to be played around this place, I think clusion and protection in this legisla- Mr. Speaker, I appreciate all of the it is a real tragedy for comity in this tion of the National Endowment for work that has been done on the arts, House. the Arts. For anyone to think this was and the arts has become the compelling Mr. LINDER. Mr. Speaker, I reserve an easy fight, they were not here. For reason to vote for this legislation. But the balance of my time. anyone to think that this is not an im- the arts should not be allowed to de- Ms. SLAUGHTER. Mr. Speaker, I portant fight, they do not know the stroy the environment in that same yield 2 minutes to the gentleman from arts. legislation. Washington [Mr. DICKS]. Mr. Speaker, everywhere I go in the In fact, Mr. Speaker, what we have (Mr. DICKS asked and was given per- 18th Congressional District there are here is a piece of legislation that is ter- mission to revise and extend his re- people who are saying thank goodness ribly detrimental to the environment. marks.) for the gentleman from Illinois [Mr. It completely destroys the $700 million Mr. DICKS. Mr. Speaker, I want to YATES] and the effort to retain the $98 in ‘‘priority Federal land acquisitions’’ rise in strong support of the Interior million in this provision. because of the conditions placed on appropriations bill and this rule. We Mr. Speaker, the fight will continue, those acquisitions. The report inappro- have had a very difficult conference, but at least we have made the stand. priately delays these important acqui- but we came out of it with $98 million This is an important part of this con- sitions, even though the Land and for the National Endowment for the ference report. The most important Water Conservation Fund already pro- Arts. I think that is a tremendous ac- part, however, should be that the fight vides the ample authority for these ac- complishment, and something that we must continue to not undermine the quisitions. Moreover, the use of any of could very well lose if we go back into National Endowment for the Arts as it the remaining funds of the $700 million conference. is being directed to be done. can easily be blocked by the actions of Second, we came out with $699 mil- Let me also acknowledge the Honor- a small number of Members. lion for the Land and Water Conserva- able Jane Alexander for her continued I also object to the outright political tion Fund, to take care of some very strength to interact with legislators payoffs included in this bill to benefit important national priorities. That and to press the point that the Na- local Members of Congress in the areas money could also be lost, and I think tional Endowment for the Arts is not of the acquisition. Humboldt County, probably will be lost, if this conference special interests, it is not arts for the where the headwaters of the beautiful report is defeated. The other body, peo- big cities, it is art for the rural com- ancient rain forest is located, is given ple in the other body, senior Members, munities and centers around this Na- $10 million even though there is no say they will not put that money in tion which provide the access to arts in concrete evidence that this amount again if this bill does not go through. school, to give exposure to young art- had any relationship to any projected To my colleagues, on the question of ists, to provide the legacy and the con- economic losses or that this money substitution in the West and on the tinuation of our culture. will be used to compensate any injury question of log exports, I believe what Mr. Speaker, this bill does raise some in timbering as a result of the acquisi- we did in this bill is actually going to concerns for me, great concerns, envi- tion of these lands. strengthen the ability to keep public ronmental concerns. But I do believe But even more egregious is in the timber at home. that there has been such a strong com- case of Montana, where $12 million is October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9513 earmarked for highway funds as the re- went crazy and the administration just named in the bill would generate at least sult of the acquisition of the New badly handled these negotiations. The $250 million in royalties each to the federal World Mine and then another $10 mil- result is that we now have once again treasury and the State of Montana. Through your leadership, the conservation lion is promised to that State. But un- the Interior Appropriations bill with community and Crown Butte Mines, Inc. derstand this, that if the Governor does antienvironmental riders on it, the found a way to amicably resolve a poten- not act on that $10 million and does not same kind of riders that were added 2 tially explosive, expensive and debilitating accept it, he is then offered some coal years ago when the Republican major- debate over a mine proposed on Yellow- deposits that may have a value to the ity shut down the Government over stone’s doorstep. The agreement signed in taxpayers of this country of $226 mil- this legislation. We now see this legis- your presence on August 12, 1996 in Yellow- lion in royalties and bonus bids. So if lation with the same kind of riders and stone National Park was a win for all par- the Governor sits on his hands, the tax- we cannot get an answer out of the ties. It protected Yellowstone forever from the threat of industrial mining and its re- payers lose $220 million. No hearings, President of the United States of sulting water pollution. It protected Crown no discussions. That is what is going on whether or not he will sign the bill. Butte’s property rights and it called for $22.5 in this legislation. Mr. Speaker, this bill should be re- million in pollution clean-up in the mining Mr. Speaker, we have also embarked jected. The rule should be voted down. district which will protect human health and on a new approach here that we now Mr. Speaker, I include for the create jobs. have Federal acquisitions that are ex- RECORD information from the Greater The 1996 agreement was embodied in prin- pensive enough, of major environ- Yellowstone Coalition. ciple in a tentative pact reached between the mental assets in this country, that now Administration and Congressional leadership DOES THE INTERIOR APPROPRIATIONS BILL two weeks ago. This proposal, which funded we are going to start compensating GIVE AWAY $10 MILLION OF FEDERAL COAL? the agreement, also contained funds for the people for imagined loss even though No. It gives away far more than that. Beartooth Highway and called for a study of the track record is in most instances The bill requires the Secretary of Interior mineral resources in Montana. where we acquire lands for national to give away either $10 million worth of fed- Now, in a last-minute political maneuver, parks and monuments and wilderness eral coal agreed to by the Governor of Mon- Representative Rick Hill and Senator Conrad areas, the fact is that the local econ- tana and the Secretary, or the Otter Creek Burns have included a provision in the FY98 omy is dramatically stimulated be- tracts. If the Governor does not agree to Interior Appropriations bill that requires take $10 million worth of coal approved by cause visitors from throughout Amer- that coal or other mineral assets be given, the Secretary, the Secretary must give the free, to the state of Montana. This provision ica and throughout the world come Governor the Otter Creek tracts—which are not only fleeces the American taxpayer by there to visit these newly designated worth far more than $10 million. requiring that property owned by us all be sites. As we see in the case of Death The Otter Creek tracts cover 101⁄2 square given away, it brings significant new con- Valley and the parks and monuments miles and include reserves of 533 million tons troversy to a process that has been marked in California, in southern Utah, the of coal. Similar coal sells for $8–9 a ton at by cooperation. economy is springing forth because of the mine mouth. The bonus bids alone on Coal development in eastern Montana has that. But now we are going to com- such tracts average roughly 4 cents per ton— a long and contentious history. Coal mining or $21 million. But the real value lies in the adversely affects ranchers property rights pensate these economies with a gift of 121⁄2% royalty the federal government would and the water they depend on for their live- tens of millions of dollars because we collect on the value of the coal mined. The stock operations. Coal mining changes the imagine that they might suffer some value of the coal is $8/ton 533 million tons, or character of local communities and puts sig- losses. $4.26 billion, of which the federal government nificant strains on community infrastruc- Mr. Speaker, I am also terribly dis- would collect 121⁄2%, or 532 million dollars. ture and resources. It also changes patterns turbed about what this does in terms of Under present law, 50% of that would be sent of public use, putting off-limits to entry land the timber programs and the timber to the state government. This coal would that was used for recreation, hunting and management of our national forests have returned $266 million to the Treasury. fishing. Because of the controversial nature of coal and lands. We had very close votes in This is what the Interior appropriations bill conveys to the State of Montana for no con- development, the federal government has this House on stopping the construc- sideration. taken a very open and public approach to tion of new timber roads, and yet what ISN’T THIS AN ACCEPTABLE PRICE TO PAY TO coal. Areas proposed for leasing go through we see when they went to the con- ACHIEVE THE BUY OUT OF THE NEW WORLD extensive public review with all values con- ference committee, they just dis- MINE, WHICH THREATENS YELLOWSTONE NA- sidered. None of this is true of the provision regarded the votes in this House and TIONAL PARK? in the FY98 Interior Appropriations bill. No public hearings were held on this provision, now we have gone beyond the Presi- No, because that purchase will never be dent’s budget. The tragedy is that we no public input sought. Giving coal to Mon- consummated if it is tied to this giveaway. tana is a backroom deal, pure and simple. It will see more destruction of more lands The purchase agreement is tied to the settle- will benefit a few at the expense of many. in the Nation’s timberlands. ment of a Clean Water Act lawsuit brought We are in firm support of the 1996 New The administration had proposed against the gold mining company by local World agreement. It is an agreement crafted eliminating the road credits, but in community interest groups. Settlement of to protect Yellowstone and its water. Coal fact we did not do that in this legisla- the lawsuit is a prerequisite of the purchase. has nothing to do with the agreement or in tion. We headed in the opposite direc- But several of the plaintiffs are strongly op- protecting the Park. As plaintiffs to a Clean posed to new coal development in the pres- Water Act lawsuit against Crown Butte tion. This report, as pointed out by the ently unmined area of the Otter Creek gentleman from Oregon, makes it easi- Mines, Inc., we urge that you veto the bill tracts—and will not agree to a settlement if and insist that Congress send to you legisla- er to export logs off of Federal lands, it will lead to mining the Otter Creek tracts. tion that implements the historic agreement as the Inspector General report tells They agreed to a settlement with the gold signed in Yellowstone. this Congress. But, again, this step was miners—but not with coal mining of pres- Sincerely, taken with no hearings, no public re- ently unmined ranchlands. Michael Clark, Executive Director, view, no discussion about the ramifica- For more information, call Russ Shay at Greater Yellowstone Coalition; Jim tions of this. 202–544–3198. Barrett, Board Member, Beartooth Al- This report also obstructs the efforts liance; Tom Throop, Executive Direc- GREATER YELLOWSTONE COALITION, tor, Wyoming Outdoor Council; Joe for ecosystem planning in the Colum- Bozeman, MT, October 23, 1997. bia River Basin. It interferes with the Gutkoski, President, Gallatin Wildlife President, WILLIAM JEFFERSON CLINTON, Association; Julia Page, President, implementation of the grizzly bear pro- The White House, Northern Plains Resource Council; gram in Idaho under the Endangered Washington, DC. Tony Jewett, Executive Director, Mon- Species Act, and it overturns court in- DEAR PRESIDENT CLINTON: We write to urge tana Wildlife Federation; Betsy junctions helping grazers in the South- you to veto the FY98 Interior Appropriations Buffington, Associate Representative, west. bill that will soon be on your desk. The pro- Sierra Club; Sean Sheehan, Northwest Mr. Speaker, that is the problem vision in the bill requiring that 500 million Wyoming Resource Council. with this legislation, that once they tons of federal coal be given to the state of Montana as a prerequisite for completing the Mr. LINDER. Mr. Speaker, I continue got it out of the House, once they got New World mine agreement is completely to reserve the balance of my time. it out of the House where it was a fair- unacceptable and only serves to hold Yellow- Ms. SLAUGHTER. Mr. Speaker, I ly decent bill with respect to the envi- stone National Park hostage to pork barrel yield the balance of my time to the ronment, the conference committee politics. If developed today, the coal reserves gentleman from Oregon [Mr. DEFAZIO]. H9514 CONGRESSIONAL RECORD — HOUSE October 24, 1997

Mr. DEFAZIO. Mr. Speaker, I appre- House of Representatives to the Senate McKeon Quinn Stokes Meek Radanovich Sununu ciate the generous grant of time. I and protect unauthorized provisions in Metcalf Rahall Tauscher would like to go back to the issue of this bill, if we want to set that prece- Mica Ramstad Tauzin log exports, because the gentleman dent, if we want to roll over for the Miller (FL) Redmond Taylor (NC) from Washington [Mr. DICKS] tried to Senate, then vote for the rule. Moakley Regula Thomas Moran (VA) Reyes Thompson obfuscate the issue a little bit. But if Members do not, if they want Morella Riggs Thornberry Mr. Speaker, let us say it in simple to protect our prerogatives and protect Murtha Rodriguez Thune language. The Inspector General of the the taxpayers and protect the environ- Nadler Rogers Tiahrt Department of Agriculture, a qualified Neal Ros-Lehtinen Traficant ment, then Members will vote ‘‘no’’ on Nethercutt Roukema Turner attorney, one versed in the laws of the this rule. Neumann Sandlin Upton land and the restrictions on the export Ms. SLAUGHTER. Mr. Speaker, I Ney Sawyer Visclosky of logs at the Department of the Gov- yield back the balance of my time. Northup Saxton Walsh Norwood Sensenbrenner Wamp ernment charged with implementing Mr. LINDER. Mr. Speaker, urging all Nussle Serrano Waters restrictions on the export of logs har- of my colleagues to support this rule, I Oberstar Sessions Watkins vested on Federal lands says, and per- yield back the balance of my time, and Obey Shadegg Waxman haps the gentleman can understand Ortiz Shaw Weldon (PA) I move the previous question on the Oxley Sherman Weller this language, ‘‘Implementation of the resolution. Packard Shimkus Wexler proposed bill will effectively gut the The previous question was ordered. Pappas Shuster White Parker Sisisky Whitfield Forest Resources Conservation and The SPEAKER pro tempore [Mr. MIL- Pastor Skaggs Wicker Shortage Relief Act of 1990.’’ LER of Florida). The question is on the Peterson (PA) Skeen Wise She goes on at great length. I realize resolution. Petri Skelton Wolf it is two pages, single space, and it The question was taken; and the Pickett Smith (MI) Woolsey might be difficult for some to under- Pombo Smith (NJ) Wynn Speaker pro tempore announced that Pomeroy Smith (TX) Yates stand. But in those two pages she the ayes appeared to have it. Porter Snowbarger Young (AK) comes to no different conclusion. This Mr. DEFAZIO. Mr. Speaker, I object Portman Solomon Young (FL) effectively repeals restrictions on the to the vote on the ground that a Pryce (OH) Spence export of Federal logs so that we can quorum is not present and make the NAYS—166 become a log exporting colony of Japan point of order that a quorum is not where they do not harvest trees. I do Abercrombie Graham Pascrell present. Ackerman Green Paul not think that is right. I do not think The SPEAKER pro tempore. Evi- Aderholt Gutierrez Paxon it is good even for those log exporting dently a quorum is not present. Bachus Hall (TX) Pease companies in Washington State that Baldacci Hefley Pelosi The Sergeant at Arms will notify ab- Barr Herger Peterson (MN) are pushing this, because it is going to sent Members. Barrett (WI) Hilleary Pickering bring about a backlash if this goes into The vote was taken by electronic de- Becerra Hinchey Pitts place. vice, and there were—yeas 247, nays Bentsen Hoekstra Poshard Berman Holden Price (NC) Mr. Speaker, when people see the 166, not voting 20, as follows: scarcity of logs coming off of Federal Blagojevich Hooley Riley [Roll No. 527] Bliley Hostettler Rivers lands being diverted into a foreign Blumenauer Hulshof Roemer market which does not allow the im- YEAS—247 Bonior Hutchinson Rogan port of our finished products, it only Allen Dicks Hill Boswell Inglis Rohrabacher Andrews Dingell Hilliard Boyd Istook Rothman wants our raw materials so it can pro- Archer Dooley Hinojosa Brady Jefferson Roybal-Allard tect its own dying and inefficient in- Armey Doyle Hobson Brown (FL) Jenkins Royce dustry, outrage will run high in the Pa- Baesler Dreier Horn Brown (OH) Johnson, Sam Rush Baker Dunn Hoyer Bryant Jones Sabo cific Northwest and I believe across the Ballenger Edwards Hyde Bunning Kennedy (MA) Salmon Nation. Barcia Ehlers Jackson (IL) Burr Kennedy (RI) Sanchez Mr. Speaker, this is wrong. This is Barrett (NE) Ehrlich Jackson-Lee Burton Kilpatrick Sanders the effect of this legislation. The gen- Bartlett Emerson (TX) Calvert Kind (WI) Sanford Barton Engel John Capps Kucinich Scarborough tleman from Washington who spoke so Bass English Johnson (CT) Cardin LaFalce Schaefer, Dan eloquently was also an eloquent sup- Bateman Eshoo Johnson (WI) Carson Lampson Schaffer, Bob porter of the timber salvage rider when Berry Etheridge Johnson, E. B. Chabot Largent Schumer it first passed. I was an outspoken op- Bilbray Ewing Kanjorski Christensen Lewis (GA) Scott Bishop Farr Kaptur Clay Lewis (KY) Shays ponent when it first passed. A year Blunt Fawell Kasich Clayton Lipinski Slaughter later, the same gentleman was an elo- Boehlert Flake Kelly Coburn Lowey Smith, Adam quent proponent of repealing the tim- Boehner Foglietta Kennelly Condit Luther Smith, Linda Bonilla Foley Kildee Conyers Maloney (CT) Snyder ber salvage rider, the one that he had Borski Forbes Kim Coyne Maloney (NY) Spratt supported so eloquently the year be- Boucher Ford King (NY) Crane Manzullo Stabenow fore, because he said he could not have Buyer Fowler Kingston Cunningham Markey Stark anticipated the impact. Callahan Fox Kleczka Davis (IL) Martinez Stearns Camp Frank (MA) Klink DeFazio McCarthy (MO) Stenholm Mr. Speaker, it is the same here. I Campbell Franks (NJ) Klug DeGette McDermott Strickland urge Members to read the single Canady Frelinghuysen Knollenberg Delahunt McGovern Stump spaced, two-page report. If we pass this Cannon Frost Kolbe Dellums McHale Stupak legislation, not only will we have the Castle Gallegly LaHood Doggett McKinney Talent Chambliss Ganske Lantos Doolittle McNulty Tanner giveaways of our oil, not only will we Clement Gekas Latham Duncan Meehan Taylor (MS) violate the Land and Water Conserva- Clyburn Gilchrest LaTourette Ensign Menendez Thurman tion Fund and do a couple of blatant Coble Gillmor Lazio Evans Millender- Tierney Collins Gilman Leach Everett McDonald Torres payoffs to a number of congressional Combest Goode Levin Fattah Miller (CA) Towns districts, not only will the other anti- Cook Goodlatte Lewis (CA) Fazio Minge Velazquez environment riders contained in this Cooksey Gordon Linder Filner Mink Vento legislation go forward, we will repeal Costello Goss Livingston Furse Moran (KS) Watt (NC) Cox Granger LoBiondo Gejdenson Myrick Watts (OK) the ban on the export of logs from Fed- Cramer Greenwood Lofgren Gephardt Olver Weldon (FL) eral lands. Plain and simple. We cannot Crapo Gutknecht Lucas Gibbons Owens Weygand deny it. That is the bottom line. Cummings Hall (OH) Manton Goodling Pallone So if Members want to vote for anti- Danner Hamilton Mascara Davis (FL) Hansen Matsui NOT VOTING—20 environment riders, if they want to Davis (VA) Harman McCollum Bereuter Cubin Hunter Deal Hastert McCrery vote for a giveaway of the Elk Hills Bilirakis Dickey DeLauro Hastings (FL) McDade McCarthy (NY) Naval Petroleum Reserve, if Members Bono Dixon DeLay Hastings (WA) McHugh McIntosh Brown (CA) Gonzalez love those sorts of things, if they want Deutsch Hayworth McInnis Mollohan Chenoweth Houghton to give away the authority of the Diaz-Balart Hefner McIntyre October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9515 Payne Ryun Smith (OR) ‘‘(i) such contract shall not relieve Amtrak of this part,’’ and inserting in lieu thereof ‘‘This Rangel Schiff Souder any obligation in connection with the use of fa- part’’. b 1106 cilities of another entity for the operation cov- SEC. 104. TRACK WORK. ered by such contract; and (a) OUTREACH PROGRAM.—Amtrak shall, with- Messrs. STUPAK, BARR of Georgia, ‘‘(ii) such operation shall be subject to any BURTON of Indiana, MORAN of Kan- operating or safety restrictions and conditions in one year after the date of the enactment of required by the agreement providing for the use this Act, establish an outreach program through sas, HULSHOF, PAXON, PICKERING, which it will work with track work manufactur- CALVERT, PEASE, BENTSEN, KEN- of such facilities. ‘‘(C) This paragraph shall not restrict Am- ers in the United States to increase the likeli- NEDY of Rhode Island, Mrs. LOWEY, trak’s authority to enter into contracts for ac- hood that such manufacturers will be able to Mrs. THURMAN, and Ms. SLAUGHTER cess to or use of tracks or facilities for the oper- meet Amtrak’s specifications for track work. The changed their vote from ‘‘yea’’ to ation of trains.’’. program shall include engineering assistance for ‘‘nay.’’ (b) EFFECTIVE DATE.—Subsection (a) shall the manufacturers and dialogue between Am- Messrs. MCINNIS, DAVIS of Virginia, take effect 254 days after the date of the enact- trak and the manufacturers to identify how Am- and COX of California changed their ment of this Act. trak’s specifications can be met by the capabili- ties of the manufacturers. vote from ‘‘nay’’ to ‘‘yea.’’ SEC. 102. CONTRACTING PRACTICES. (b) ANNUAL REPORT.—Amtrak shall report to So the resolution was agreed to. (a) BELOW-COST COMPETITION.—Section 24305(b) of title 49, United States Code, is the Congress within 2 years after the date of the The result of the vote was announced amended to read as follows: enactment of this Act on progress made under as above recorded. ‘‘(b) BELOW-COST COMPETITION.—(1) Amtrak subsection (a), including a statement of the per- A motion to reconsider was laid on shall not submit any bid for the performance of centage of Amtrak’s track work contracts that the table. services under a contract for an amount less are awarded to manufacturers in the United f than the cost to Amtrak of performing such States. services, with respect to any activity other than TITLE II—OPERATIONAL REFORMS AMTRAK REFORM AND the provision of intercity rail passenger trans- PRIVATIZATION ACT OF 1997 portation, commuter rail passenger transpor- SEC. 201. BASIC SYSTEM. tation, or mail or express transportation. For (a) OPERATION OF BASIC SYSTEM.—Section The SPEAKER pro tempore (Mr. MIL- purposes of this subsection, the cost to Amtrak 24701 of title 49, United States Code, and the LER of Florida). Pursuant to House of performing services shall be determined using item relating thereto in the table of sections of Resolution 270 and rule XXIII, the generally accepted accounting principles for chapter 247 of such title, are repealed. Chair declares the House in the Com- contracting. (b) IMPROVING RAIL PASSENGER TRANSPOR- mittee of the Whole House on the State ‘‘(2) Any aggrieved individual may commence TATION.—Section 24702 of title 49, United States of the Union for the further consider- a civil action for violation of paragraph (1). The Code, and the item relating thereto in the table United States district courts shall have jurisdic- ation of the bill, H.R. 2247. of sections of chapter 247 of such title, are re- tion, without regard to the amount in con- pealed. troversy or the citizenship of the parties, to en- b 1108 (c) DISCONTINUANCE.—Section 24706 of title 49, force paragraph (1). The court, in issuing any United States Code, is amended— IN THE COMMITTEE OF THE WHOLE final order in any action brought pursuant to (1) by striking subsection (b); Accordingly the House resolved itself this paragraph, may award bid preparation into the Committee of the Whole House costs, anticipated profits, and litigation costs, (2) by striking ‘‘NOTICE OF DISCONTINUANCE.— (1) Except as provided in subsection (b) of this on the State of the Union for the fur- including reasonable attorney and expert wit- ness fees, to any prevailing or substantially pre- section, at’’ and inserting in lieu thereof ‘‘TIME ther consideration of the bill (H.R. OF NOTICE.—At’’; 2247) to reform the statutes relating to vailing party. The court may, if a temporary re- straining order or preliminary injunction is (3) by striking ‘‘90 days’’ and inserting in lieu Amtrak, to authorize appropriations sought, require the filing of a bond or equiva- thereof ‘‘180 days’’; for Amtrak, and for other purposes, lent security in accordance with the Federal (4) by striking ‘‘a discontinuance under sec- with Mr. THORNBERRY, Chairman pro Rules of Civil Procedure. tion 24704 or 24707(a) or (b) of this title’’ and in- tempore, in the chair. ‘‘(3) This subsection shall cease to be effective serting in lieu thereof ‘‘discontinuing service The Clerk read the title of the bill. on the expiration of a fiscal year during which over a route’’; The CHAIRMAN pro tempore. When no Federal operating assistance is provided to (5) by inserting ‘‘or assume’’ after ‘‘agree to the Committee of the Whole rose on Amtrak.’’. share’’; (b) THROUGH SERVICE IN CONJUNCTION WITH Wednesday, October 22, 1997, all time (6) by striking ‘‘(2) Notice’’ and inserting in INTERCITY BUS OPERATIONS.—(1) Section lieu thereof ‘‘(b) PLACE OF NOTICE.—Notice’’; for general debate had expired. 24305(a) of title 49, United States Code, is and Pursuant to the rule, the Committee amended by adding at the end the following (7) by striking ‘‘section 24704 or 24707(a) or (b) amendment in the nature of a sub- new paragraph: of this title’’ and inserting in lieu thereof ‘‘sub- stitute printed in the bill shall be con- ‘‘(3)(A) Except as provided in subsection section (a)’’. (d)(2), Amtrak may enter into a contract with a sidered as an original bill for the pur- (d) COST AND PERFORMANCE REVIEW.—Section motor carrier of passengers for the intercity 24707 of title 49, United States Code, and the pose of amendment under the 5-minute transportation of passengers by motor carrier item relating thereto in the table of sections of rule and shall be considered as read. over regular routes only— The text of the Committee amend- ‘‘(i) if the motor carrier is not a public recipi- chapter 247 of such title, are repealed. ment in the nature of a substitute is as ent of governmental assistance, as such term is (e) SPECIAL COMMUTER TRANSPORTATION.— follows: defined in section 13902(b)(8)(A) of this title, Section 24708 of title 49, United States Code, and the item relating thereto in the table of sections H.R. 2247 other than a recipient of funds under section 5311 of this title; of chapter 247 of such title, are repealed. Be it enacted by the Senate and House of Rep- ‘‘(ii) for passengers who have had prior move- (f) CONFORMING AMENDMENT.—Section resentatives of the United States of America in ment by rail or will have subsequent movement 24312(a)(1) of title 49, United States Code, is Congress assembled, by rail; and amended by striking ‘‘, 24701(a),’’. SECTION 1. SHORT TITLE. ‘‘(iii) if the buses, when used in the provision SEC. 202. MAIL, EXPRESS, AND AUTO-FERRY This Act may be cited as the ‘‘Amtrak Reform of such transportation, are used exclusively for TRANSPORTATION. and Privatization Act of 1997’’. the transportation of passengers described in (a) REPEAL.—Section 24306 of title 49, United TITLE I—PROCUREMENT REFORMS clause (ii). States Code, and the item relating thereto in the ‘‘(B) Subparagraph (A) shall not apply to table of sections of chapter 243 of such title, are SEC. 101. CONTRACTING OUT. transportation funded predominantly by a State repealed. (a) AMENDMENT.—Section 24312(b) of title 49, or local government, or to ticket selling agree- (b) CONFORMING AMENDMENT.—Section 24301 United States Code, is amended to read as fol- ments.’’. of title 49, United States Code, is amended by lows: (2) Section 24305(d) of title 49, United States adding at the end the following new subsection: ‘‘(b) CONTRACTING OUT.—(1) When Amtrak Code, is amended by adding at the end the fol- ‘‘(o) NONAPPLICATION OF CERTAIN OTHER contracts out work normally performed by an lowing new paragraph: employee in a bargaining unit covered by a con- ‘‘(3) Congress encourages Amtrak and motor LAWS.—State and local laws and regulations tract between a labor organization and Amtrak, common carriers of passengers to use the au- that impair the provision of mail, express, and Amtrak is encouraged to use other rail carriers thority conferred in sections 11322 and 14302 of auto-ferry transportation do not apply to Am- for performing such work. this title for the purpose of providing improved trak or a rail carrier providing mail, express, or ‘‘(2)(A) Amtrak may not enter into a contract service to the public and economy of oper- auto-ferry transportation.’’. for the operation of trains with any entity other ation.’’. SEC. 203. ROUTE AND SERVICE CRITERIA. than a State or State authority. SEC. 103. FREEDOM OF INFORMATION ACT. Section 24703 of title 49, United States Code, ‘‘(B) If Amtrak enters into a contract as de- Section 24301(e) of title 49, United States Code, and the item relating thereto in the table of sec- scribed in subparagraph (A)— is amended by striking ‘‘Section 552 of title 5, tions of chapter 247 of such title, are repealed. H9516 CONGRESSIONAL RECORD — HOUSE October 24, 1997 SEC. 204. ADDITIONAL QUALIFYING ROUTES. good business judgment, that produce income to ested in any organization of employees or any Section 24705 of title 49, United States Code, minimize Government subsidies, and that pro- railroad. Nothing in this subsection shall pre- and the item relating thereto in the table of sec- mote the potential privatization of Amtrak’s op- clude an individual from being selected for more tions of chapter 247 of such title, are repealed. erations.’’. than 1 dispute described in subsection (a). SEC. 205. TRANSPORTATION REQUESTED BY SEC. 208. ACCESS TO RECORDS AND ACCOUNTS. (3) The compensation of individuals selected STATES, AUTHORITIES, AND OTHER Section 24315 of title 49, United States Code, is under paragraph (1) shall be fixed by the Na- PERSONS. amended— tional Mediation Board. The second paragraph (a) REPEAL.—Section 24704 of title 49, United (1) in subsection (e), by inserting ‘‘financial of section 10 of the Railway Labor Act shall States Code, and the item relating thereto in the or’’ after ‘‘Comptroller General may conduct’’; apply to the expenses of such individuals as if table of sections of chapter 247 of such title, are and such individuals were members of a board cre- repealed. (2) by adding at the end the following new ated under such section 10. (b) EXISTING AGREEMENTS.—Amtrak shall not, subsection: (4) If the parties to a dispute described in sub- after the date of the enactment of this Act, be ‘‘(h) ACCESS TO RECORDS AND ACCOUNTS.—A section (a) fail to reach agreement within 224 required to provide transportation services pur- State shall have access to Amtrak’s records, ac- days after the date of the enactment of this Act, suant to an agreement entered into before such counts, and other necessary documents used to the individual selected under paragraph (1) date of enactment under the section repealed by determine the amount of any payment to Am- with respect to such dispute shall make rec- subsection (a) of this section. trak required of the State.’’. ommendations to the parties proposing contract (c) STATE, REGIONAL, AND LOCAL COOPERA- TITLE III—COLLECTIVE BARGAINING terms to resolve the dispute. TION.—Section 24101(c)(2) of title 49, United REFORMS (5) If the parties to a dispute described in sub- States Code, is amended by inserting ‘‘, sepa- section (a) fail to reach agreement, no change SEC. 301. RAILWAY LABOR ACT PROCEDURES. rately or in combination,’’ after ‘‘and the pri- shall be made by either of the parties in the con- (a) NOTICES.—(1) Notwithstanding any ar- ditions out of which the dispute arose for 30 vate sector’’. rangement in effect before the date of the enact- (d) CONFORMING AMENDMENT.—Section days after recommendations are made under ment of this Act, notices under section 6 of the 24312(a)(1) of title 49, United States Code, is paragraph (4). Railway Labor Act (45 U.S.C. 156) with respect amended by striking ‘‘or 24704(b)(2)’’. (6) Section 10 of the Railway Labor Act (45 to all issues relating to— SEC. 206. AMTRAK COMMUTER. U.S.C. 160) shall not apply to a dispute de- (A) employee protective arrangements and sev- scribed in subsection (a). (a) REPEAL OF CHAPTER 245.—Chapter 245 of erance benefits, including all provisions of Ap- SEC. 302. SERVICE DISCONTINUANCE. title 49, United States Code, and the item relat- pendix C–2 to the National Railroad Passenger (a) REPEAL.—(1) Section 24706(c) of title 49, ing thereto in the table of chapters of subtitle V Corporation Agreement, signed July 5, 1973; and United States Code, is repealed. of such title, are repealed. (B) contracting out by Amtrak of work nor- (2) Any provision of a contract, entered into (b) CONFORMING AMENDMENTS.—(1) Section mally performed by an employee in a bargaining before the date of the enactment of this Act be- 24301(f) of title 49, United States Code, is unit covered by a contract between Amtrak and tween Amtrak and a labor organization rep- amended to read as follows: a labor organization representing Amtrak em- resenting Amtrak employees, relating to— ‘‘(f) TAX EXEMPTION FOR CERTAIN COMMUTER ployees, (A) employee protective arrangements and sev- AUTHORITIES.—A commuter authority that was applicable to employees of Amtrak shall be erance benefits, including all provisions of Ap- eligible to make a contract with Amtrak Com- deemed served and effective on the date which is pendix C–2 to the National Railroad Passenger muter to provide commuter rail passenger trans- 90 days after the date of the enactment of this Corporation Agreement, signed July 5, 1973; or portation but which decided to provide its own Act. Amtrak, and each affected labor organiza- (B) contracting out by Amtrak of work nor- rail passenger transportation beginning January tion representing Amtrak employees, shall mally performed by an employee in a bargaining 1, 1983, is exempt, effective October 1, 1981, from promptly supply specific information and pro- unit covered by a contract between Amtrak and paying a tax or fee to the same extent Amtrak posals with respect to each such notice. This a labor organization representing Amtrak em- is exempt.’’. subsection shall not apply to issues relating to ployees, (2) Subsection (a) of this section shall not af- provisions defining the scope or classification of applicable to employees of Amtrak is extin- fect any trackage rights held by Amtrak or the work performed by an Amtrak employee. Consolidated Rail Corporation. guished. This paragraph shall not apply to pro- (2) In the case of provisions of a collective visions defining the scope or classification of SEC. 207. COMMUTER COST SHARING ON THE bargaining agreement with respect to which a work performed by an Amtrak employee. NORTHEAST CORRIDOR. moratorium is in effect 90 days after the date of (3) Section 1172(c) of title 11, United States (a) DETERMINATION OF COMPENSATION.—Sec- the enactment of this Act, paragraph (1) shall Code, shall not apply to Amtrak and its employ- tion 24904 of title 49, United States Code, is take effect on the expiration of such morato- ees. amended— rium. For purposes of the application of para- (4) Paragraphs (1) and (2) of this subsection (1) by striking subsection (b); graph (1) to such provisions, notices shall be shall take effect 254 days after the date of the (2) by redesignating subsection (c) as sub- deemed served and effective on the date of such enactment of this Act. section (b); expiration. (b) INTERCITY PASSENGER SERVICE EMPLOY- (3) in subsection (b), as so redesignated by (b) NATIONAL MEDIATION BOARD EFFORTS.— EES.—Section 1165(a) of the Northeast Rail Serv- paragraph (2) of this subsection— Except as provided in subsection (c), the Na- ice Act of 1981 (45 U.S.C. 1113(a)) is amended— (A) by striking ‘‘TRANSPORTATION OVER CER- tional Mediation Board shall complete all ef- (1) by inserting ‘‘(1)’’ before ‘‘After January 1, TAIN RIGHTS OF WAY AND FACILITIES’’ in the forts, with respect to each dispute described in 1983’’; subsection head and inserting in lieu thereof subsection (a), under section 5 of the Railway (2) by striking ‘‘Amtrak, Amtrak Commuter, ‘‘FREIGHT TRANSPORTATION’’; Labor Act (45 U.S.C. 155) not later than 180 and Conrail’’ and inserting in lieu thereof ‘‘Am- (B) by inserting ‘‘relating to rail freight trans- days after the date of the enactment of this Act. trak and Conrail’’; portation’’ after ‘‘subsection (a)(6) of this sec- (c) RAILWAY LABOR ACT ARBITRATION.—The (3) by striking ‘‘Such agreement shall ensure’’ tion’’ in paragraph (1); and parties to any dispute described in subsection and all that follows through ‘‘submitted to bind- (C) by inserting ‘‘to an agreement described in (a) may agree to submit the dispute to arbitra- ing arbitration.’’; and paragraph (1)’’ after ‘‘If the parties’’ in para- tion under section 7 of the Railway Labor Act (4) by adding at the end the following new graph (2); and (45 U.S.C. 157), and any award resulting there- paragraph: (4) by inserting after subsection (b), as so re- from shall be retroactive to the date which is 180 ‘‘(2) Notwithstanding any other provision of designated by paragraph (2) of this subsection, days after the date of the enactment of this Act. law, agreement, or arrangement, with respect to the following new subsection: (d) DISPUTE RESOLUTION.—(1) With respect to employees in any class or craft in train or en- ‘‘(c) BINDING ARBITRATION FOR COMMUTER any dispute described in subsection (a) which— gine service, Conrail shall have the right to fur- DISPUTES.—(1) If the parties to an agreement (A) is unresolved as of the date which is 180 lough one such employee for each employee in described in subsection (a)(6) relating to com- days after the date of the enactment of this Act; train or engine service who moves from Amtrak muter rail passenger transportation cannot and to Conrail in excess of the cumulative number of agree to the terms of such agreement, such par- (B) is not submitted to arbitration as described such employees who move from Conrail to Am- ties shall submit the issues in dispute to binding in subsection (c), trak. Conrail shall not be obligated to fill any arbitration. Amtrak and the labor organization parties to position governed by an agreement concerning ‘‘(2) The parties to a dispute described in such dispute shall, within 187 days after the crew consist, attrition arrangements, reserve paragraph (1) may agree to use the Surface date of the enactment of this Act, each select an boards, or reserve engine service positions, Transportation Board to arbitrate such dispute, individual from the entire roster of arbitrators where an increase in positions is the result of and if requested the Surface Transportation maintained by the National Mediation Board. the return of an Amtrak employee pursuant to Board shall perform such function.’’. Within 194 days after the date of the enactment an agreement entered into under paragraph (1). (b) PRIVATIZATION.—Section 24101(d) of title of this Act, the individuals selected under the Conrail’s collective bargaining agreements with 49, United States Code, is amended to read as preceding sentence shall jointly select an indi- organizations representing its train and engine follows: vidual from such roster to make recommenda- service employees shall be deemed to have been ‘‘(d) MINIMIZING GOVERNMENT SUBSIDIES.—To tions with respect to such dispute under this amended to conform to this paragraph. Any dis- carry out this part, Amtrak is encouraged to subsection. pute or controversy with respect to the interpre- make agreements with the private sector and (2) No individual shall be selected under para- tation, application, or enforcement of this para- undertake initiatives that are consistent with graph (1) who is pecuniarily or otherwise inter- graph which has not been resolved within 90 October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9517

days after the date of the enactment of this ‘‘(d) DEFINITION.—For purposes of this sec- shall assume the responsibilities of the Board of paragraph may be submitted by either party to tion, the term ‘rail carrier’ includes a person Directors of Amtrak 60 days after the date of the an adjustment board for a final and binding de- providing excursion, scenic, or museum train enactment of the Amtrak Reform and Privatiza- cision under section 3 of the Railway Labor service, and an owner or operator of a privately tion Act of 1997, or as soon thereafter as such Act.’’. owned rail passenger car.’’. Board is sufficiently constituted to function as TITLE IV—USE OF RAILROAD FACILITIES (b) CONFORMING AMENDMENT.—The table of a board of directors under applicable corporate sections of chapter 281 of title 49, United States law. Such Board shall adopt new bylaws, in- SEC. 401. LIABILITY LIMITATION. Code, is amended by adding at the end the fol- cluding procedures for the selection of members (a) AMENDMENT.—Chapter 281 of title 49, United States Code, is amended by adding at the lowing new item: of the Board of Directors under subsection (c) end the following new section: ‘‘28103. Limitations on rail passenger transpor- which provide for employee representation. tation liability.’’. ‘‘(2) MEMBERSHIP.—(A) The Emergency Re- ‘‘§ 28103. Limitations on rail passenger trans- form Board shall consist of 7 members appointed portation liability TITLE V—FINANCIAL REFORMS by the President, by and with the advice and ‘‘(a) LIMITATIONS.—(1) Notwithstanding any SEC. 501. FINANCIAL POWERS. consent of the Senate. other statutory or common law or public policy, (a) CAPITALIZATION.—(1) Section 24304 of title ‘‘(B) In selecting individuals for nominations or the nature of the conduct giving rise to dam- 49, United States Code, is amended to read as for appointments to the Emergency Reform ages or liability, in a claim for personal injury, follows: Board, the President should consult with— death, or damage to property arising from or in ‘‘§ 24304. Employee stock ownership plans ‘‘(i) the Speaker of the House of Representa- connection with the provision of rail passenger ‘‘In issuing stock pursuant to applicable cor- tives concerning the appointment of two mem- transportation, or from or in connection with porate law, Amtrak is encouraged to include em- bers; ‘‘(ii) the minority leader of the House of Rep- any rail passenger transportation operations ployee stock ownership plans.’’. resentatives concerning the appointment of one over or rail passenger transportation use of (2) The item relating to section 24304 of title right-of-way or facilities owned, leased, or member; 49, United States Code, in the table of sections ‘‘(iii) the majority leader of the Senate con- maintained by any high-speed railroad author- of chapter 243 of such title is amended to read ity or operator, any commuter authority or oper- cerning the appointment of two members; and as follows: ‘‘(iv) the minority leader of the Senate con- ator, any rail carrier, or any State— ‘‘24304. Employee stock ownership plans.’’. ‘‘(A) punitive damages shall not exceed the cerning the appointment of one member. ‘‘(C) Appointments under subparagraph (A) greater of— (b) REDEMPTION OF COMMON STOCK.—(1) Am- ‘‘(i) $250,000; or trak shall, within 2 months after the date of the shall be made from among individuals who— ‘‘(ii) three times the amount of economic loss; enactment of this Act, redeem all common stock ‘‘(i) have technical qualification, professional and previously issued, for the fair market value of standing, and demonstrated expertise in the ‘‘(B) noneconomic damages awarded to any such stock. fields of intercity common carrier transportation claimant for each accident or incident shall not (2) Section 28103 of title 49, United States and corporate management; and exceed the claimant’s economic loss, if any, by Code, shall not apply to any rail carrier holding ‘‘(ii) are not employees of Amtrak, employees more than $250,000. common stock of Amtrak after the expiration of of the United States, or representatives of rail ‘‘(2) If, in any case wherein death was 2 months after the date of the enactment of this labor or rail management. ‘‘(b) DIRECTOR GENERAL.—If the Emergency caused, the law of the place where the act or Act. omission complained of occurred provides, or (3) Amtrak shall redeem any such common Reform Board described in subsection (a)(2) is has been construed to provide, for damages only stock held after the expiration of the 2-month not sufficiently constituted to function as a punitive in nature, the claimant may recover in period described in paragraph (1), using proce- board of directors under applicable corporate a claim limited by this subsection for economic dures set forth in section 24311(a) and (b). law before the expiration of 60 days after the date of the enactment of the Amtrak Reform and and noneconomic damages and punitive dam- (c) ELIMINATION OF LIQUIDATION PREFERENCE Privatization Act of 1997, the Chief Justice of ages, subject to paragraph (1)(A) and (B). AND VOTING RIGHTS OF PREFERRED STOCK.— ‘‘(3) For purposes of this subsection— (1)(A) Preferred stock of Amtrak held by the the United States shall appoint a Director Gen- ‘‘(A) the term ‘actual damages’ means dam- Secretary of Transportation shall confer no liq- eral, who shall exercise all powers of the Board ages awarded to pay for economic loss; uidation preference. of Directors of Amtrak until the Emergency Re- ‘‘(B) the term ‘claim’ means a claim made, di- (B) Subparagraph (A) shall take effect 90 days form Board assumes such powers. rectly or indirectly— after the date of the enactment of this Act. ‘‘(c) BOARD OF DIRECTORS.—Four years after ‘‘(i) against Amtrak, any high-speed railroad (2)(A) Preferred stock of Amtrak held by the the establishment of the Emergency Reform authority or operator, any commuter authority Secretary of Transportation shall confer no vot- Board under subsection (a), a Board of Direc- or operator, any rail carrier, or any State; or ing rights. tors shall be selected pursuant to bylaws adopt- ‘‘(ii) against an officer, employee, affiliate en- (B) Subparagraph (A) shall take effect 60 days ed by the Emergency Reform Board, and the gaged in railroad operations, or agent, of Am- after the date of the enactment of this Act. Emergency Reform Board shall be dissolved. trak, any high-speed railroad authority or oper- (d) NOTE AND MORTGAGE.—(1) Section 24907 of ‘‘(d) AUTHORITY TO RECOMMEND PLAN.—The ator, any commuter authority or operator, any title 49, United States Code, and the item relat- Emergency Reform Board shall have the author- rail carrier, or any State; ing thereto in the table of sections of chapter 249 ity to recommend to the Congress a plan to im- ‘‘(C) the term ‘economic loss’ means any pecu- of such title, are repealed. plement the recommendations of the 1997 Work- niary loss resulting from harm, including the (2) The United States hereby relinquishes all ing Group on Inter-City Rail regarding the loss of earnings, medical expense loss, replace- rights held in connection with any note ob- transfer of Amtrak’s infrastructure assets and ment services loss, loss due to death, burial tained or mortgage made under such section responsibilities to a new separately governed costs, loss of business or employment opportuni- 24907, or in connection with the note, security corporation.’’. ties, and any other form of pecuniary loss al- agreement, and terms and conditions related (b) EFFECT ON AUTHORIZATIONS.—If the Emer- lowed under applicable State law or under para- thereto entered into with Amtrak dated October gency Reform Board has not assumed the re- graph (2) of this subsection; 5, 1983. sponsibilities of the Board of Directors of Am- ‘‘(D) the term ‘noneconomic damages’ means (e) STATUS AND APPLICABLE LAWS.—(1) Sec- trak before March 15, 1998, all provisions au- damages other than punitive damages or actual tion 24301(a)(3) of title 49, United States Code, is thorizing appropriations under the amendments damages; and amended by inserting ‘‘, and shall not be subject made by section 701 of this Act for a fiscal year ‘‘(E) the term ‘punitive damages’ means dam- to title 31’’ after ‘‘United States Government’’. after fiscal year 1998 shall cease to be effective. ages awarded against any person or entity to (2) Section 9101(2) of title 31, United States SEC. 504. REPORTS AND AUDITS. punish or deter such person or entity, or others, Code, relating to Government corporations, is Section 24315 of title 49, United States Code, from engaging in similar behavior in the future. amended by striking subparagraph (A) and re- as amended by section 208 of this Act, is further ‘‘(b) INDEMNIFICATION OBLIGATIONS.—Obliga- designating subparagraphs (B) through (L) as amended— tions of any party, however arising, including subparagraphs (A) through (K), respectively. (1) by striking subsections (a) and (c); obligations arising under leases or contracts or (2) by redesignating subsections (b), (d), (e), SEC. 502. DISBURSEMENT OF FEDERAL FUNDS. pursuant to orders of an administrative agency, (f), (g), and (h) as subsections (a), (b), (c), (d), Section 24104(d) of title 49, United States to indemnify against damages or liability for (e), and (f), respectively; and Code, is amended to read as follows: personal injury, death, or damage to property (3) in subsection (d), as so redesignated by ‘‘(d) ADMINISTRATION OF APPROPRIATIONS.— described in subsection (a), incurred after the paragraph (2) of this section, by striking ‘‘(d) or Federal operating assistance funds appropriated (e)’’ and inserting in lieu thereof ‘‘(b) or (c)’’. date of the enactment of the Amtrak Reform and to Amtrak shall be provided to Amtrak upon ap- SEC. 505. OFFICERS’ PAY. Privatization Act of 1997, shall be enforceable, propriation when requested by Amtrak.’’. notwithstanding any other statutory or common Section 24303(b) of title 49, United States law or public policy, or the nature of the con- SEC. 503. BOARD OF DIRECTORS. Code, is amended by inserting ‘‘The preceding (a) AMENDMENT.—Section 24302 of title 49, duct giving rise to the damages or liability. sentence shall cease to be effective on the expi- ‘‘(c) EFFECT ON OTHER LAWS.—This section United States Code, is amended to read as fol- ration of a fiscal year during which no Federal shall not affect the damages that may be recov- lows: operating assistance is provided to Amtrak.’’ ered under the Act of April 27, 1908 (45 U.S.C. ‘‘§ 24302. Board of Directors after ‘‘with comparable responsibility.’’. 51 et seq.; popularly known as the ‘Federal Em- ‘‘(a) EMERGENCY REFORM BOARD.— SEC. 506. EXEMPTION FROM TAXES. ployers’ Liability Act’) or under any workers ‘‘(1) ESTABLISHMENT AND DUTIES.—The Emer- Section 24301(l)(1) of title 49, United States compensation Act. gency Reform Board described in paragraph (2) Code, is amended— H9518 CONGRESSIONAL RECORD — HOUSE October 24, 1997 (1) by inserting ‘‘, and any passenger or other and the Congress an interim report on its find- freight service to and from the Port of customer of Amtrak or such subsidiary,’’ after ings and recommendations. Davisville. Amtrak shall also make clearance im- ‘‘subsidiary of Amtrak’’; (2) Within 270 days after the date of the en- provements on the existing main line tracks to (2) by striking ‘‘or fee imposed’’ and all that actment of this Act, the Council shall transmit permit double stack service on this line, if funds follows through ‘‘levied on it’’ and inserting in to the Amtrak board of directors and the Con- to defray the costs of clearance improvements lieu thereof ‘‘, fee, head charge, or other charge, gress a final report on its findings and rec- beyond Amtrak’s own requirements for elec- imposed or levied by a State, political subdivi- ommendations. trified passenger service are provided by public sion, or local taxing authority, directly or indi- (h) STATUS.—The Council shall not be subject or private entities other than Amtrak. Wherever rectly on Amtrak or on persons traveling in to the Federal Advisory Committee Act (5 U.S.C. practicable, Amtrak shall use portal structures intercity rail passenger transportation or on App.) or section 552 of title 5, United States and realign existing tracks on undergrade and mail or express transportation provided by Am- Code (commonly referred to as the Freedom of overgrade bridges to minimize the width of the trak or a rail carrier subsidiary of Amtrak, or on Information Act). right-of-way required to add the third track. the carriage of such persons, mail, or express, or SEC. 602. PRINCIPAL PLACE OF BUSINESS. Amtrak shall take such other steps as may be re- on the sale of any such transportation, or on Section 24301(b) of title 49, United States quired to coordinate and facilitate design and the gross receipts derived therefrom’’; and Code, is amended— construction work. The Secretary of Transpor- (3) by amending the last sentence thereof to (1) by striking the first sentence; tation may provide appropriate support to Am- read as follows: ‘‘In the case of a tax or fee that (2) by striking ‘‘of the District of Columbia’’ trak for carrying out this paragraph.’’. Amtrak was required to pay as of September 10, and inserting in lieu thereof ‘‘of the State in SEC. 610. AMERICANS WITH DISABILITIES ACT OF 1982, Amtrak is not exempt from such tax or fee which its principal place of business is located’’; 1990. if it was assessed before April 1, 1997.’’. and (a) APPLICATION TO AMTRAK.—Amtrak, and TITLE VI—MISCELLANEOUS (3) by inserting ‘‘For purposes of this sub- with respect only to the facilities it jointly uses SEC. 601. TEMPORARY RAIL ADVISORY COUNCIL. section, the term ‘State’ includes the District of with Amtrak, a commuter authority, shall not be subject to any requirement under section (a) APPOINTMENT.—Within 30 days after the Columbia. Notwithstanding section 3 of the Dis- 242(a)(1) and (3) and (e)(2) of the Americans date of the enactment of this Act, a Temporary trict of Columbia Business Corporation Act, Am- With Disabilities Act of 1990 (42 U.S.C. Rail Advisory Council (in this section referred to trak, if its principal place of business is located 12162(a)(1) and (3) and (e)(2)) until January 1, as the ‘‘Council’’) shall be appointed under this in the District of Columbia, shall be considered 1998. For stations jointly used by Amtrak and a section. organized under the provisions of such Act.’’ commuter authority, this subsection shall not (b) DUTIES.—The Council shall— after ‘‘in a civil action.’’. (1) evaluate Amtrak’s performance; SEC. 603. STATUS AND APPLICABLE LAWS. affect the allocation of costs between Amtrak (2) prepare an analysis and critique of Am- Section 24301 of title 49, United States Code, is and the commuter authority relating to acces- trak’s business plan; amended— sibility improvements. (3) suggest strategies for further cost contain- (1) in subsection (a)(1), by striking ‘‘rail car- (b) CONFORMING AMENDMENT.—Section 24307 ment and productivity improvements, including rier under section 10102’’ and inserting in lieu of title 49, United States Code, is amended— (1) by striking subsection (b); and strategies with the potential for further reduc- thereof ‘‘railroad carrier under section 20102(2) (2) by redesignating subsection (c) as sub- tion in Federal operating subsidies and the and chapters 261 and 281’’; and section (b). eventual partial or complete privatization of (2) by amending subsection (c) to read as fol- Amtrak’s operations; and lows: SEC. 611. DEFINITIONS. (4) recommend appropriate methods for adop- ‘‘(c) APPLICATION OF SUBTITLE IV.—Subtitle Section 24102 of title 49, United States Code, is tion of uniform cost and accounting procedures IV of this title shall not apply to Amtrak, except amended— throughout the Amtrak system, based on gen- for sections 11301, 11322(a), 11502, and 11706. (1) by striking paragraphs (2), (3), and (11); erally accepted accounting principles. Notwithstanding the preceding sentence, Am- (2) by redesignating paragraphs (4) through (8) as paragraphs (2) through (6), respectively; (c) MEMBERSHIP.—(1) The Council shall con- trak shall continue to be considered an employer sist of 7 members appointed as follows: under the Railroad Retirement Act of 1974, the (3) by inserting after paragraph (6), as so re- (A) Two individuals to be appointed by the Railroad Unemployment Insurance Act, and the designated by paragraph (2) of this section, the Speaker of the House of Representatives. Railroad Retirement Tax Act.’’. following new paragraph: (B) One individual to be appointed by the mi- ‘‘(7) ‘rail passenger transportation’ means the SEC. 604. WASTE DISPOSAL. interstate, intrastate, or international transpor- nority leader of the House of Representatives. Section 24301(m)(1)(A) of title 49, United (C) Two individuals to be appointed by the tation of passengers by rail;’’; States Code, is amended by striking ‘‘1996’’ and (4) in paragraph (6), as so redesignated by majority leader of the Senate. inserting in lieu thereof ‘‘2000’’. (D) One individual to be appointed by the mi- paragraph (2) of this section, by inserting ‘‘, in- SEC. 605. ASSISTANCE FOR UPGRADING FACILI- cluding a unit of State or local government,’’ nority leader of the Senate. TIES. (E) One individual to be appointed by the after ‘‘means a person’’; and Section 24310 of title 49, United States Code, (5) by redesignating paragraphs (9) and (10) President. and the item relating thereto in the table of sec- as paragraphs (8) and (9), respectively. (2) Appointments under paragraph (1) shall be tions of chapter 243 of such title, are repealed. made from among individuals who— SEC. 612. NORTHEAST CORRIDOR COST DISPUTE. SEC. 606. RAIL SAFETY SYSTEM PROGRAM. (A) have technical qualification, professional Section 1163 of the Northeast Rail Service Act standing, and demonstrated expertise in the Section 24313 of title 49, United States Code, of 1981 (45 U.S.C. 1111) is repealed. fields of transportation and corporate manage- and the item relating thereto in the table of sec- SEC. 613. INSPECTOR GENERAL ACT OF 1978 ment; and tions of chapter 243 of such title, are repealed. AMENDMENT. (B) are not employees of Amtrak, employees of SEC. 607. DEMONSTRATION OF NEW TECH- (a) AMENDMENT.—Section 8G(a)(2) of the In- the United States, or representatives of rail NOLOGY. spector General Act of 1978 (5 U.S.C. App.) is labor or rail management. Section 24314 of title 49, United States Code, amended by striking ‘‘Amtrak,’’. (3) Within 40 days after the date of the enact- and the item relating thereto in the table of sec- (b) AMTRAK NOT FEDERAL ENTITY.—Amtrak ment of this Act, a majority of the members of tions of chapter 243 of such title, are repealed. shall not be considered a Federal entity for pur- the Council shall elect a chairman from among SEC. 608. PROGRAM MASTER PLAN FOR BOSTON- poses of the Inspector General Act of 1978. such members. NEW YORK MAIN LINE. SEC. 614. CONSOLIDATED RAIL CORPORATION. (d) TRAVEL EXPENSES.—Each member of the (a) REPEAL.—Section 24903 of title 49, United Section 4023 of the Conrail Privatization Act Council shall serve without pay, but shall re- States Code, and the item relating thereto in the (45 U.S.C. 1323), and the item relating thereto in ceive travel expenses, including per diem in lieu table of sections of chapter 249 of such title, are the table of contents of such Act, are repealed. of subsistence, in accordance with sections 5702 repealed. SEC. 615. INTERSTATE RAIL COMPACTS. and 5703 of title 5, United States Code. (b) CONFORMING AMENDMENT.—Section (a) CONSENT TO COMPACTS.—Congress grants (e) ADMINISTRATIVE SUPPORT.—The Secretary 24902(a)(1)(A) of title 49, United States Code, is consent to States with an interest in a specific of Transportation shall provide to the Council amended by striking ‘‘and 40 minutes’’. form, route, or corridor of intercity passenger such administrative support as the Council re- SEC. 609. BOSTON-NEW HAVEN ELECTRIFICATION rail service (including high speed rail service) to quires to carry out this section. PROJECT. enter into interstate compacts to promote the (f) ACCESS TO INFORMATION.—Amtrak shall Section 24902(f) of title 49, United States Code, provision of the service, including— make available to the Council all information is amended— (1) retaining an existing service or commenc- the Council requires to carry out this section. (1) by inserting ‘‘(1)’’ before ‘‘Improvements ing a new service; The Council shall establish appropriate proce- under’’; and (2) assembling rights-of-way; and dures to ensure against the public disclosure of (2) by adding at the end the following new (3) performing capital improvements, includ- any information obtained under this subsection paragraph: ing— which is a trade secret or commercial or finan- ‘‘(2) Amtrak shall design and construct the (A) the construction and rehabilitation of cial information that is privileged or confiden- electrification system between Boston, Massa- maintenance facilities and intermodal passenger tial. chusetts, and New Haven, Connecticut, to ac- facilities; (g) REPORTS.—(1) Within 120 days after the commodate the installation of a third mainline (B) the purchase of locomotives; and date of the enactment of this Act, the Council track between Davisville and Central Falls, (C) operational improvements, including com- shall transmit to the Amtrak board of directors Rhode Island, to be used for double-stack munications, signals, and other systems. October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9519

(b) FINANCING.—An interstate compact estab- mines to be reasonable, taking into consider- (1) $50,000,000 for fiscal year 1998; lished by States under subsection (a) may pro- ation the prevailing interest rates for similar ob- (2) $50,000,000 for fiscal year 1999; and vide that, in order to carry out the compact, the ligations in the private market.’’ and inserting (3) $50,000,000 for fiscal year 2000, States may— in lieu thereof ‘‘shall not exceed the annual per- for guaranteeing obligations of Amtrak under (1) accept contributions from a unit of State or centage rate which is equivalent to the cost of section 511 of the Railroad Revitalization and local government or a person; money to the United States.’’. Regulatory Reform Act of 1976 (45 U.S.C. 831). (2) use any Federal or State funds made avail- (c) MINIMUM REPAYMENT PERIOD AND PRE- (g) CONDITIONS FOR GUARANTEE OF OBLIGA- able for intercity passenger rail service (except PAYMENT PENALTIES.—Section 511(g)(2) of the TIONS.—Section 511(i) of the Railroad Revital- funds made available for the National Railroad Railroad Revitalization and Regulatory Reform ization and Regulatory Reform Act of 1976 (45 Passenger Corporation); Act of 1976 (45 U.S.C. 831(g)(2)) is amended to U.S.C. 831(i)) is amended by adding at the end (3) on such terms and conditions as the States read as follows: the following new paragraph: consider advisable— ‘‘(2) payment of the obligation is required by ‘‘(4) The Secretary shall not require, as a con- (A) borrow money on a short-term basis and its terms to be made not less than 15 years but dition for guarantee of an obligation under this issue notes for the borrowing; and not more than 25 years from the date of its exe- section, that all preexisting secured obligations (B) issue bonds; and cution, with no penalty imposed for prepayment of an obligor be subordinated to the rights of the (4) obtain financing by other means permitted after 5 years;’’. Secretary in the event of a default.’’. under Federal or State law. (d) DETERMINATION OF REPAYABILITY.—Sec- The CHAIRMAN pro tempore. No SEC. 616. CONFORMING AMENDMENTS. tion 511(g)(5) of the Railroad Revitalization and Part C of subtitle V of title 49, United States Regulatory Reform Act of 1976 (45 U.S.C. amendment to the committee amend- Code, is amended— 831(g)(5)) is amended to read as follows: ment in the nature of a substitute is in (1) in section 24307(b)(3), as so redesignated by ‘‘(5) either the loan can reasonably be repaid order except those printed in House Re- section 610(b)(2) of this Act, by striking ‘‘Inter- by the applicant or the loan is collateralized at port 105–334 and an amendment in the state Commerce Commission’’ and inserting in no more than the current value of assets being nature of a substitute by the gen- lieu thereof ‘‘Surface Transportation Board’’; financed under this section to provide protection to the United States;’’. tleman from Minnesota [Mr. OBER- (2) in section 24308— STAR]. That amendment may be offered TITLE VII—AUTHORIZATION OF (A) by striking ‘‘Interstate Commerce Commis- only after the disposition of the sion’’ in subsection (a)(2)(A) and inserting in APPROPRIATIONS amendments printed in the report, lieu thereof ‘‘Surface Transportation Board’’; SEC. 701. AUTHORIZATION OF APPROPRIATIONS. and (a) CAPITAL EXPENDITURES.—Section 24104(a) shall be considered read, shall be de- (B) by striking ‘‘Commission’’ each place it of title 49, United States Code, is amended to batable for 30 minutes, equally divided appears and inserting in lieu thereof ‘‘Board’’; read as follows: and controlled by an opponent and a (3) in section 24311(c)— ‘‘(a) CAPITAL EXPENDITURES.—There are au- proponent, and shall not be subject to (A) by striking ‘‘Interstate Commerce Commis- thorized to be appropriated to the Secretary of an amendment. sion’’ in paragraph (1) and inserting in lieu Transportation— The amendments printed in the re- thereof ‘‘Surface Transportation Board’’; ‘‘(1) $230,000,000 for fiscal year 1995; (B) by striking ‘‘Commission’’ each place it ‘‘(2) $230,000,000 for fiscal year 1996; port may be offered only by a Member appears and inserting in lieu thereof ‘‘Board’’; ‘‘(3) $224,000,000 for fiscal year 1997; designated in the report, shall be con- and ‘‘(4) $501,000,000 for fiscal year 1998; sidered read, shall be debatable for the (C) by striking ‘‘Commission’s’’ in paragraph ‘‘(5) $516,000,000 for fiscal year 1999; and time specified in the report, equally di- (2) and inserting in lieu thereof ‘‘Board’s’’; ‘‘(6) $531,000,000 for fiscal year 2000, vided and controlled by the proponent (4) in section 24902(j)— for the benefit of Amtrak for capital expendi- and an opponent, shall not be subject (A) by striking ‘‘Interstate Commerce Commis- tures under chapters 243 and 247 of this title.’’. to amendment, except as specified in (b) OPERATING EXPENSES.—Section 24104(b) of sion’’ each place it appears and inserting in lieu the report. And shall not be subject to thereof ‘‘Surface Transportation Board’’; and title 49, United States Code, is amended to read (B) by striking ‘‘Commission’’ each place it as follows: a demand for division of the question. appears and inserting in lieu thereof ‘‘Board’’; ‘‘(b) OPERATING EXPENSES.—There are au- The Chairman of the Committee of and thorized to be appropriated to the Secretary of the Whole may postpone a request for a (5) in section 24904(b), as so redesignated by Transportation— recorded vote on any amendment and section 207(a)(2) of this Act— ‘‘(1) $542,000,000 for fiscal year 1995; may reduce to a minimum of 5 minutes (A) by striking ‘‘Interstate Commerce Commis- ‘‘(2) $405,000,000 for fiscal year 1996; ‘‘(3) $365,000,000 for fiscal year 1997; the time for voting on any postponed sion’’ in paragraph (2) and inserting in lieu question that immediately follows an- thereof ‘‘Surface Transportation Board’’; and ‘‘(4) $387,000,000 for fiscal year 1998; ‘‘(5) $292,000,000 for fiscal year 1999; and (B) by striking ‘‘Commission’’ each place it other vote, provided that the time for ‘‘(6) $242,000,000 for fiscal year 2000, appears and inserting in lieu thereof ‘‘Board’’. voting on the first question shall be a for the benefit of Amtrak for operating ex- SEC. 617. MAGNETIC LEVITATION TRACK MATE- minimum of 15 minutes. RIALS. penses.’’. PREFERENTIAL MOTION OFFERED BY MR. BONIOR (c) ADDITIONAL AUTHORIZATIONS.—Section The Secretary of Transportation shall transfer 24104(c) of title 49, United States Code, is Mr. BONIOR. Mr. Chairman, I move to the State of Florida, pursuant to a grant or amended to read as follows: that the Committee do now rise. cooperative agreement, title to aluminum reac- ‘‘(c) ADDITIONAL AUTHORIZATIONS.—In addi- The CHAIRMAN pro tempore. The tion rail, power rail base, and other related ma- tion to amounts appropriated under subsection terials (originally used in connection with the question is on the motion offered by (a), there are authorized to be appropriated to Prototype Air Cushion Vehicle Program between the gentleman from Michigan [Mr. the Secretary of Transportation— 1973 and 1976) located at the Transportation BONIOR]. ‘‘(1) $200,000,000 for fiscal year 1995; Technology Center near Pueblo, Colorado, for ‘‘(2) $115,000,000 for fiscal year 1996; The question was taken; and the use by the State of Florida to construct a mag- ‘‘(3) $255,000,000 for fiscal year 1997; Chairman pro tempore announced that netic levitation track in connection with a ‘‘(4) $250,000,000 for fiscal year 1998; the noes appeared to have it. project or projects being undertaken by Amer- ‘‘(5) $250,000,000 for fiscal year 1999; and RECORDED VOTE ican Maglev Technology, Inc., to demonstrate ‘‘(6) $250,000,000 for fiscal year 2000, magnetic levitation technology in the United Mr. BONIOR. Mr. Chairman, I de- for the benefit of Amtrak to make capital ex- mand a recorded vote. States. If the materials are not used for such penditures under chapter 249 of this title.’’. A recorded vote was ordered. construction within 3 years after the date of the (d) REDUCTION OF AMOUNTS.—Section 24104 of enactment of this Act, title to such materials title 49, United States Code, is further amended The vote was taken by electronic de- shall revert to the United States. by adding at the end the following new sub- vice, and there were—ayes 195, noes 214, SEC. 618. RAILROAD LOAN GUARANTEES. section: not voting 24, as follows: (a) DECLARATION OF POLICY.—Section ‘‘(g) REDUCTION OF AMOUNTS.—For each fis- [Roll No. 528] 101(a)(4) of the Railroad Revitalization and cal year, the total amount authorized to be ap- AYES—195 Regulatory Reform Act of 1976 (45 U.S.C. propriated under subsections (a) and (c) com- 801(a)(4)) is amended to read as follows: bined shall be reduced by any amount made Abercrombie Bishop Cardin ‘‘(4) Continuation of service on, or preserva- available to Amtrak pursuant to the Taxpayer Ackerman Blagojevich Carson tion of, light density lines that are necessary to Relief Act of 1997 for that fiscal year.’’. Allen Blumenauer Clay Baesler Bonior Clayton continued employment and community well- (e) CONFORMING AMENDMENTS.—Section 24909 Baldacci Borski Clement being throughout the United States.’’. of title 49, United States Code, and the item re- Barcia Boswell Clyburn (b) MAXIMUM RATE OF INTEREST.—Section lating thereto in the table of sections of chapter Barrett (WI) Boucher Condit 511(f) of the Railroad Revitalization and Regu- 249 of such title, are repealed. Becerra Boyd Conyers latory Reform Act of 1976 (45 U.S.C. 831(f)) is (f) GUARANTEE OF OBLIGATIONS.—There are Bentsen Brown (FL) Costello amended by striking ‘‘shall not exceed an an- authorized to be appropriated to the Secretary Berman Brown (OH) Coyne nual percentage rate which the Secretary deter- of Transportation— Berry Capps Cramer H9520 CONGRESSIONAL RECORD — HOUSE October 24, 1997 Cummings Johnson, E. B. Pelosi McKeon Rahall Snowbarger of time as soon after 2 o’clock as pos- Danner Kanjorski Peterson (MN) Metcalf Ramstad Solomon Davis (FL) Kaptur Pickett Mica Redmond Spence sible, and I would encourage all our Davis (IL) Kennedy (MA) Pomeroy Miller (FL) Regula Stearns Members to be circumspect and re- DeFazio Kennedy (RI) Poshard Moran (KS) Riggs Stump spectful of one another in the use of DeGette Kennelly Price (NC) Morella Riley Sununu our time so that we can complete these Delahunt Kildee Reyes Myrick Rogan Talent DeLauro Kilpatrick Rivers Nethercutt Rogers Tauzin two important legislative pieces today Dellums Kind (WI) Rodriguez Neumann Rohrabacher Taylor (MS) and finish our work. But it is only fair Deutsch King (NY) Roemer Ney Ros-Lehtinen Taylor (NC) that I encourage everybody to under- Dicks Kleczka Rothman Northup Roukema Thomas stand that under any circumstances, Dingell LaFalce Roybal-Allard Norwood Royce Thornberry Dixon Lampson Rush Nussle Salmon Thune we simply do not have time in the leg- Doggett Lantos Sabo Oxley Sanford Tiahrt islative calendar into which we can Dooley Levin Sanchez Packard Saxton Traficant postpone these two pieces of work, if Doyle Lewis (GA) Sanders Pappas Schaefer, Dan Upton Edwards Lipinski Sandlin Parker Schaffer, Bob Walsh we are then to complete the other work Engel Lofgren Sawyer Paul Sensenbrenner Wamp that is still before us. Ensign Lowey Schumer Paxon Sessions Watkins Mr. FAZIO of California. Mr. Chair- Eshoo Luther Scott Pease Shadegg Watts (OK) man, will the gentleman yield? Etheridge Maloney (CT) Serrano Peterson (PA) Shaw Weldon (FL) Evans Maloney (NY) Sherman Petri Shays Weller Mr. ARMEY. I yield to the gentleman Farr Manton Skaggs Pickering Shimkus White from California. Fattah Markey Skelton Pitts Shuster Whitfield Mr. FAZIO of California. I think ev- Fazio Martinez Slaughter Pombo Sisisky Wicker Filner Mascara Smith, Adam Porter Skeen Wolf eryone here, Mr. Leader, would like to Flake Matsui Snyder Portman Smith (MI) Young (AK) proceed on the agenda to complete this Foglietta McCarthy (MO) Spratt Pryce (OH) Smith (NJ) Young (FL) Congress, and certainly I think most of Ford McDermott Stabenow Quinn Smith (TX) us would have hoped we could have Frank (MA) McGovern Stark Radanovich Smith, Linda Frost McHale Stenholm taken up the Amtrak matter yester- Furse McIntyre Stokes NOT VOTING—24 day, as we had scheduled to. Gejdenson McKinney Strickland Andrews Fawell Payne But it seems to me the one key com- Gephardt McNulty Stupak Bereuter Forbes Rangel ponent to getting agreement from both Gibbons Meehan Tanner Bilirakis Gonzalez Ryun Goode Meek Tauscher Bono Goodling Scarborough sides of the aisle to proceed on all Gordon Menendez Thompson Brown (CA) Houghton Schiff these important matters is an Green Millender- Thurman Chenoweth McCarthy (NY) Smith (OR) overridingly important issue that re- Gutierrez McDonald Tierney Cubin McIntosh Souder Hall (OH) Miller (CA) Torres Dickey Mollohan Weldon (PA) lates to the gentlewoman from Orange Harman Minge Towns County, CA [Ms. SANCHEZ]. b Hastings (FL) Mink Turner 1128 She will be having an anniversary, as Hefner Moakley Velazquez Mr. WALSH and Mr. OXLEY changed we all will, of our election here before Hilliard Moran (VA) Vento Hinchey Murtha Visclosky their vote from ‘‘aye’’ to ‘‘no.’’ we leave this town the first Tuesday of Hinojosa Nadler Waters So the motion was rejected. November, and yet she has not been ac- Holden Neal Watt (NC) The result of the vote was announced corded the same ability to take and Hooley Oberstar Waxman as above recorded. Hoyer Obey Wexler hold her seat that the rest of us have. Jackson (IL) Olver Weygand (Mr. ARMEY asked and was given I think it is fair to say the people on Jackson-Lee Ortiz Wise permission to speak out of order for 1 this side of the aisle, who showed the (TX) Owens Woolsey minute.) power of their support for her last Jefferson Pallone Wynn John Pascrell Yates LEGISLATIVE PROGRAM night, retain that interest, and implore Johnson (WI) Pastor Mr. ARMEY. Mr. Chairman, I take the majority to bring that issue to this time for the purpose of advising close before we leave. If that assurance NOES—214 the Members about the day’s schedule. can be given, I think the process here Aderholt Crapo Hilleary Mr. Chairman, of course, as we all can be eased greatly. Archer Cunningham Hobson know, we are approaching the end of Mr. ARMEY. Mr. Chairman, reclaim- Armey Davis (VA) Hoekstra Bachus Deal Horn the legislative year. This is always a ing my time, I thank the gentleman for Baker DeLay Hostettler hectic time in our lives. There are al- his remarks, and it is my understand- Ballenger Diaz-Balart Hulshof ways important matters that must be ing that the gentlewoman from Califor- Barr Doolittle Hunter resolved before we finish. Barrett (NE) Dreier Hutchinson nia [Mrs. SANCHEZ] is in fact seated in Bartlett Duncan Hyde We come to the point of time in the the body, is voting, does have her com- Barton Dunn Inglis year’s schedule when it becomes dif- mittee assignments, and is working on Bass Ehlers Istook ficult, and, many times impossible, to the same basis as any other Member. Bateman Ehrlich Jenkins Bilbray Emerson Johnson (CT) postpone legislation, and while, during The House did, of course, spend some Bliley English Johnson, Sam the course of the year and at all times time yesterday addressing this issue. It Blunt Everett Jones I do my very best to in fact honor the is an important issue, as the gentleman Boehlert Ewing Kasich commitment for Members with respect Boehner Foley Kelly from California says, and it is in fact Bonilla Fowler Kim to their ability to get away from the so important that it will be done fully, Brady Fox Kingston week’s work at the appointed time, I completely, professionally, objectively Bryant Franks (NJ) Klink feel like it is only fair for all the Mem- and fairly. Bunning Frelinghuysen Klug Burr Gallegly Knollenberg bers to get an early warning, as early Finally, before I yield back my time, Burton Ganske Kolbe as I can realize it, when it might be I should say that another very impor- Buyer Gekas Kucinich that we may not be able to meet the tant component to the effect of suc- Callahan Gilchrest LaHood departure time for the day. Calvert Gillmor Largent cessful completion of work is civility. Camp Gilman Latham Today we were, of course, promised, AMENDMENT OFFERED BY MR. LATOURETTE as is our usual custom on Fridays, a 2 Campbell Goodlatte LaTourette Mr. LATOURETTE. Mr. Chairman, I Canady Goss Lazio o’clock departure time. But we do have offer an amendment, made in order Cannon Graham Leach two very important pieces of legisla- Castle Granger Lewis (CA) under the rule. Chabot Greenwood Lewis (KY) tion that must be completed today, The CHAIRMAN. The Clerk will des- Chambliss Gutknecht Linder Amtrak and the Interior conference re- ignate the amendment. Christensen Hall (TX) Livingston port. Already today we have had some Coble Hamilton LoBiondo The text of the amendment is as fol- Coburn Hansen Lucas votes that perhaps we might not have lows: Collins Hastert Manzullo had to have that indicate to me that Amendment offered by Mr. LATOURETTE: Combest Hastings (WA) McCollum the 2 o’clock departure time is not Page 2, strike lines 4 through 6, and insert Cook Hayworth McCrery likely to be something we can meet. Cooksey Hefley McDade in lieu thereof the following: Cox Herger McHugh I would like to, of course, retain the (a) AGREEMENT BY PARTIES.—Section Crane Hill McInnis completion of our work to some period 24312(b)(1) of title 49, United States Code, is October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9521 amended by inserting ‘‘, unless the parties The CHAIRMAN. Is there objection party negotiates from a disadvantaged otherwise agree’’ after ‘‘in the bargaining to the request of the gentleman from position. unit’’. Ohio? Mr. Chairman, I urge my colleagues (b) USE OF OTHER RAIL CARRIERS.—Section There was no objection. to support the LaTourette-Traficant 24312 of title 49, United States Code, is fur- ther amended by adding at the end the fol- (Mr. LATOURETTE asked and was amendment and reserve the balance of lowing new subsection: given permission to revise and extend my time. (c) USE OF OTHER RAIL CARRIERS.—(1) When his remarks.] Mr. SHUSTER. Mr. Chairman, I yield Amtrak contracts * * * Mr. LaTOURETTE. Mr. Chairman, I myself such time as I may consume. Page 3, line 1, strike ‘‘(b) EFFECTIVE yield myself such time as I may Mr. Chairman, I must rise in opposi- DATE.—Subsection (a)’’ and insert in lieu consume. tion to this amendment. This amend- thereof ‘‘(c) EFFECTIVE DATE.—Subsection Mr. Chairman, initially I want to ment will destroy the labor reforms in (b)’’. thank the cosponsor of this amend- the legislation, leaving in place the Page 12, line 11, through page 15, line 16, amend section 301 to read as follows: ment, my fine colleague, the gen- status quo that has helped bring us to tleman from Ohio, [Mr. TRAFICANT]. I SEC. 301. RESOLUTION OF LABOR PROTECTION the brink of bankruptcy with Amtrak. AND CONTRACTING OUT ISSUES. also want to commend the chairman of Indeed, this amendment will destroy Amtrak and a labor organization rep- our full committee, the gentleman the labor reform in this legislation, resenting Amtrak employees may present from Pennsylvania [BUD SHUSTER], for which is, and I emphasize this, which is proposals, to a Presidential Emergency not only his work on this bill, but also precisely, exactly, the same labor re- Board appointed under section 10 of the Rail- in the way that he has been willing to form which passed this House in the way Labor Act (45 U.S.C. 160) with respect to work with us, and even appear at the last Congress by a vote of 406 to 4. a dispute to which Amtrak and the labor or- Committee on Rules and suggest that Indeed, the labor reform which ganization are parties, concerning all issues relating to— this amendment be made in order. passed this House overwhelmingly in (1) the provisions of Appendix C–2 to the This bill is sound in many respects, the last Congress and which is in this National Railroad Passenger Corporation as it serves to reform Amtrak and legislation before us today was drafted Agreement, signed July 5, 1973; and many important areas. There is no by Congressman QUINN back in 1995 (2) the limitations imposed under section doubt that one reason that Amtrak with Labor’s full participation, and, in- 24312(b) of title 49, United States Code. continues to run deficits is due to the deed, is exactly word for word the same If no contract has been agreed to after the lack of reform. Where I must respect- labor reforms that Labor supported in expiration of the 30-day period following the fully part company, however, with our the last Congress. report of the Presidential Emergency Board, chairman, is whether the C–2 labor pro- So if we are going to save Amtrak, if then, consistent with the Railway Labor Act, the employees may strike and Amtrak may tections for Amtrak are part of that we are going to unlock the $2.3 billion lock out the employees or impose terms of problem. needed to help save Amtrak, it is nec- employment containing changes with re- I supported this bill in the last Con- essary, it is vital, that we keep in place spect to issues described in paragraph (1) or gress and in committee this year out of the labor reforms, which this House (2), notwithstanding sections 24706(c) and respect for our chairman and the argu- previously overwhelmingly agreed to. 24312(b) of title 49, United States Code. This ments that he made. But that support For that reason, I must oppose the section shall not apply to any dispute con- was based upon the argument that C–2 amendment of my friend. cerning which a Presidential Emergency protections were adversely impacting Mr. Chairman, I reserve the balance Board has reported before the date of the en- the financial health of Amtrak. of my time. actment of this Act. This section shall not apply to any issue that has been resolved by Based upon information received dur- Mr. TRAFICANT. Mr. Chairman, I an agreement between Amtrak and a labor ing the committee hearing, I have yield 1 minute to the gentleman from organization. This section shall not apply to doubts, serious doubts, about those West Virginia [Mr. WISE]. issues relating to provisions defining the claims. Amtrak’s current net loss is in Mr. WISE. Mr. Chairman, those con- scope or classification of work performed by the neighborhood of $322 million. In cerned about the cost of labor protec- an Amtrak employee. Nothing in this Act 1995 and 1996 Amtrak paid out only $2 tion need to understand what the gen- shall affect the level of protection provided million in labor protection to approxi- tleman from Ohio [Mr. LATOURETTE], to employees of freight railroads or of tran- mately 2,000 employees. This works out has said. Two thousand people were sit systems. Page 15, line 18, through page 16, line 13, to approximately $1,000 per employee. laid off by Amtrak at an average cost amend subsection (a) to read as follows: The cost of labor protection and con- of slightly over $1,000, far less than the (a) EMPLOYEE PROTECTIVE ARRANGE- tracting out is open to debate, and in plans of most major corporations. MENTS.— regard to C–2 labor protections, which In terms of undoing labor reforms, (1) AMENDMENT.—Section 24706(c)(3) of title we heard so much about during the what you do with the LaTourette- 49, United States Code, is amended by insert- course of the rule debated, Amtrak has Traficant amendment is you say there ing ‘‘, unless the parties otherwise agree’’ been unable to produce a single indi- will be no more automatic labor pro- after ‘‘of this title’’. vidual who has ever received the C–2 tection clauses, no more automatic C– (2) APPLICATION OF OTHER LAW.—Section 1172(c) of title 11, United States Code, shall labor protection. 2. Instead, it becomes a subject of col- not apply to Amtrak and its employees if an In a July letter written by Tom lective bargaining, and, indeed, if they agreement described in the amendment made Downs, the CEO of Amtrak, which I do not reach agreement, Amtrak can by paragraph (1) of this subsection is in ef- will include for the RECORD, he stated unilaterally do away with those labor fect. Amtrak does not experience a signifi- protection clauses. The CHAIRMAN. Pursuant to House cant cost in C–2 expenses, so that the All we are asking is you treat now Resolution 270, the gentleman from impact of the repeal of C–2 would not these railroad workers with the same Ohio [Mr. LATOURETTE] and a Member save us any significant funds except ul- ability that you treat those in the pri- opposed each will control 10 minutes. timately in the bankruptcy of Amtrak. vate sector. Permit them to go to col- Does the gentleman from Pennsylvania I also state that I would prefer to be lective bargaining where labor protec- [Mr. SHUSTER] seek the time in opposi- able to negotiate C–2 provisions with tion comes in the mix with wages and tion? labor than to have Congressman date working conditions and grievance pro- Mr. SHUSTER. I do, Mr. Chairman. changes. cedures. So one can be bargained away The CHAIRMAN. The Chair recog- I mention the Downs letter simply to for the other, but at least the workers nizes the gentleman from Ohio [Mr. stress there is an honest difference of have something to say about that. LATOURETTE]. opinion regarding the issue of existing That is why it is so important to sup- Mr. LATOURETTE. Mr. Chairman, I labor protection and the prohibition of port the LaTourette-Traficant amend- ask unanimous consent that half of my contracting out. Given this fact, it is ment. 10 minutes in support of the amend- only fair that these issues be subject to Mr. SHUSTER. Mr. Chairman, I want ment be given to the coauthor of the collective bargaining. The amendment to deal with this issue of how much it amendment, the gentleman from Ohio will provide for these issues to be bar- costs Amtrak to lay off workers and [Mr. TRAFICANT], and that he be per- gained between Amtrak and its union the argument that it hasn’t really cost mitted to yield time. organizations and ensure that neither them anything. H9522 CONGRESSIONAL RECORD — HOUSE October 24, 1997 It begs the question. In fact, it is a Mr. Chairman, like the chairman of As mandated by law today, Amtrak red herring. The very fact that 6 years the full committee, I have great re- must pay any worker up to 6 years of of labor protection and pay must be spect for the chairman of the Sub- full wages and benefits if that worker paid is the reason why Amtrak could committee on Surface Transportation, is laid off due to route elimination, or not adjust their labor force and layoff but I would again point out that Am- even a reduction in frequency of serv- anybody, because it was too costly to trak has yet to point out one single ice below three times a week. Even do so. So it is true they have not spent employee who has successfully more costly for Amtrak is the provi- much money in these layoffs. The rea- accessed the horrible 6-year severance sion that in the case of realignment, an son is they could not afford to do it be- package they are talking about. employee can be paid up to 6 years of cause of the 6-year guarantee. Mr. Speaker, I yield 11⁄2 minutes to full wages and benefits if he is asked to Mr. Chairman, I yield 3 minutes to the gentleman from Ohio [Mr. TRAFI- move his job location by more than 30 the gentleman from Wisconsin, [Mr. CANT], the distinguished ranking mem- miles and does not wish to do so. PETRI], the distinguished chairman of ber of the full committee, Some have argued that these provi- the Subcommittee on Surface Trans- Mr. TRAFICANT. I thank the gen- sions are not important since pay- portation. tleman for yielding time to me, Mr. ments for labor protection have been Mr. PETRI. Mr. Chairman, I thank Chairman, and I yield to the gentleman relatively low. However, that argument the gentleman for yielding me time. from New Jersey [Mr. PASCRELL]. ignores the fundamental need for this I rise in opposition to the Mr. PASCRELL. Mr. Chairman, I rise legislation. The legislation will allow LaTourette-Traficant amendment. The today in strong support of the Amtrak for the first time to act like a amendment would gut the labor re- LaTourette amendment. We have seen business and realign routes and serv- forms in the Amtrak bill, leaving Am- a pattern of trying to undermine and ices to be profitable. Today this cannot trak with the onerous labor provisions trying to impose incremental changes be done. Why? Because Congress has re- that it has been saddled with for the in labor agreements on this floor. Par- quired Amtrak to provide certain last 26 years. ties signed agreements. They should routes and services, whether or not Let me be clear about what current change the agreements in collective they are profitable. Therefore, labor labor requirements entail. Amtrak bargaining. It is not up to the Congress has been protected from operational must pay up to 6 years of full wages of the United States to take away changes and costs have been minimal. and benefits to any worker who is laid labor protections. When we have the However, the GAO has estimated that off due to a route elimination or fre- head of management saying that if the total labor protection obligation of quency reduction to below three times these protections are removed, they Amtrak would cost between $2 and $5 per week. That is right, 6 years of sev- are going to have very little effect billion, up to more than five times the erance pay. upon the total package, what more do total annual Federal funding for Am- Even worse, any worker who is asked trak. The taxpayers simply cannot af- to move his or her job location more we wish? Labor and management are on the same page. Why should we rip ford this. The LaTourette amendment than 30 miles is eligible for the 6 years would leave the current law on labor of benefits. So workers do not even out that page? If we do not have this amendment, protection in place. If negotiations set have to be laid off in order to claim the we will eliminate wage protections for forth under legislation fail, the current 6 years of pay. labor provisions would remain. There- In addition, there is currently a Fed- displaced passenger rail employees which have been in place since 1930. fore, there would be little or no incen- eral law that prevents Amtrak from tive to negotiate in good faith and the contracting out any work other than Many of these workers gave up their seniority on freight railroads to come status quo would be maintained. foods or beverage service if it will re- In this legislation, Congress will de- over to Amtrak when it was created. sult in the layoff of a single employee termine the future of passenger rail They would lose severance benefits in a bargaining unit. This prohibits service in this country. With roads and they deserve under this bill. Amtrak from gaining any of the sav- highways becoming increasingly Mr. Chairman, I rise in strong sup- ings that are possible through con- jammed and with regulations on air port of this amendment. tracting out work. quality becoming increasingly strin- Mr. SHUSTER. Mr. Chairman, I am Mr. Chairman, the bill before us con- gent, many States are having a re- pleased to yield 4 minutes to the dis- tains a compromise reform proposal on viewed and renewed interest in the use tinguished gentleman from Georgia these two issues that was worked out of rail. in the last Congress with the full par- [Mr. COLLINS]. We are at a point where we have ticipation and support of organized (Mr. COLLINS asked and was given three basic choices. We may choose, labor. It is a fair compromise that al- permission to revise and extend his re- first, to raise the amount of subsidy; lows labor and management to nego- marks.) second, to give Amtrak the oppor- Mr. COLLINS. Mr. Chairman, I rise tiate through the collective bargaining tunity to survive with the reforms pro- in opposition to the LaTourette process the issues of labor protection vided in this legislation; or third, we amendment. and contracting out. Amtrak could can decide that passenger rail service Mr. Chairman, I regret having to op- agree to any terms on these issues. to any great extent is not necessary or pose my good friends from Ohio. I know Federal law would not predetermine desirable in this country. we share the strong belief that the men the outcome in any way. It is impor- I urge my colleagues to vote against and women who work in the trenches tant to note that at the end of the bar- the LaTourette amendment, and vote every day are the backbone of each and gaining process, if there were no agree- in support of passenger rail service in every business. It is the working men ment, labor would have the right to the United States. and women who are responsible for the strike just as it would under any other Mr. TRAFICANT. Mr. Chairman, I success or failure of a company, and railroad labor collective bargaining yield 2 minutes to the distinguished they should be treated fairly and al- agreement. gentleman from Minnesota [Mr. OBER- lowed to reap the benefits of their suc- STAR], the ranking member, and a man b 1145 cesses. who was born to be chairman of this Mr. Chairman, we do not require air- At the same time, I believe working committee, like the gentleman from lines to pay laid-off employees for 6 men and women must share in the re- Pennsylvania [Mr. SHUSTER]. years. We do not prevent the airlines sponsibilities of maintaining the prof- Mr. OBERSTAR. Mr. Chairman, I from contracting out work. Why should itability of the companies from which thank the gentleman for yielding time we do that for Amtrak? they derive their livelihood. Unfortu- to me. I urge my colleagues to defeat the nately, I believe the LaTourette Mr. Chairman, I want to come back LaTourette amendment, pass the bill, amendment would gut some of the to the fundamental issue here, what is and secure Amtrak’s future. most important provisions in the Am- driving this issue; what are the costs Mr. LATOURETTE. Mr. Chairman, I trak reform legislation which Amtrak that are driving the Amtrak problem. yield myself such time as I may must have to survive. These are the Last year, Amtrak had a $322 million consume. labor provisions. deficit, in 1996. How much of that was October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9523 caused by labor protection? About $1 today is not what they are doing. What port and belief that it did not break million. We cannot lay all of Amtrak’s they are doing is turning back the contracts back then, but somehow it problems at the feet of the working clock on the rights of workers, duly as- breaks contracts today, the exact same people who run the trains. Amtrak sembled under our constitutional free- language. We will talk more about it in over 2 years laid off 2,000 people. It cost doms, to bargain in good faith, to nego- the amendment. $2 million in labor protective costs. tiate and bargain in good faith. Mr. SHUSTER. Mr. Chairman, it is That does not break the back of Am- God almighty, how can we be having interesting that the very Members who trak. this debate? There was a blue ribbon are speaking so forcefully about the Does labor protection provisions, a panel since the last vote, Mr. Chair- lack of collective bargaining in this requirement to pay severance costs to man, and that blue ribbon panel says voted in favor of this very legislation the laid-off workers, prevent Amtrak none of these labor provisions is costly just in the last Congress. from shutting off rail service? No, it or consequential to Amtrak. They do Mr. Chairman, I yield back the bal- does not. Ask the people in Idaho, not care what we do. I say the people of ance of my time. Utah, Alabama, Massachusetts, Flor- America and the workers of America Mr. LATOURETTE. Mr. Chairman, I ida. Amtrak canceled routes in all know what we do. yield myself the balance of my time. those States last year because they I do not think the Republicans are as Mr. Chairman, I rise just briefly, not knew that the labor protection cost unfriendly to working people as to take to rebut but to make a response. was so small, there were so few em- away a precedent of collective bargain- ployees involved, that the effect would ing in this country. This is a sad day. b 1200 be negligible on savings, so they shut I voted with them many times. The the routes down. We cannot lay the gentleman from New York [Mr. QUINN] This bill, 254 days from the date that problems of Amtrak at the feet of has been a friend of labor. He should be it is going into enactment, repeals all working men and women. very careful, because by treating Am- of the labor protection statutes that Mr. Chairman, what does this amend- trak workers differently today, he ne- are available to Amtrak workers. It ment that Mr. LATOURETTE and Mr. gotiates a new labor type of system in creates no incentive. There was an ob- TRAFICANT are offering do? It sets up a America where collective bargaining servation made that there is no incen- process by which the Railway Labor and negotiation in good faith is not im- tive there for the workers to negotiate. Act can function to resolve these prob- portant to the Congress of the United It creates no incentive for the Amtrak lems. Amtrak and its labor workers States. workers to negotiate, because they are can negotiate changes in labor protec- Shame, Congress. Shame, Congress. I all gone. tion and contracting out. If they fail to ask Members to vote ‘‘no’’ on Quinn. After 16 years of deferrals, wage agree, they can go to a Presidential Mr. SHUSTER. Mr. Chairman, I yield freezes, entry level wage decreases, the emergency board to ask it to make rec- myself such time as I may consume. Amtrak worker who just as late as 1980 ommendations. If they still fail to Mr. Chairman, I appreciate the en- made a buck-seven, less than a BART agree, they can resort to usual self- thusiasm of my good friend, the gen- worker in San Francisco, now makes help remedies. Amtrak management tleman from Ohio [Mr. TRAFICANT]. But $7.39 an hour less. That is not right. can lock out or impose contract terms. facts are stubborn things. The facts are Mr. Chairman, this is the right Labor can strike. That is all this does. that the legislation before us does not amendment, and just because of the We ought to support the LaTourette- take away the collective bargaining confusion I want to stress one thing. Traficant amendment. rights of Amtrak employees. In fact, it We need people to vote ‘‘no’’ on Quinn Mr. TRAFICANT. Mr. Chairman, I puts in place the ability of the Amtrak so we have a vote on LaTourette-Trafi- yield myself the balance of my time. employees and management to engage cant. Mr. Chairman, the issue today is the in collective bargaining. That is a fact. Ms. JACKSON-LEE of Texas. Mr. Chair- collective bargaining process. By vot- It is in the legislation. All the steamy man, I rise today in support of the LaTourette- ing for Quinn, we treat Amtrak work- rhetoric in Washington is not going to Traficant amendment to H.R. 2247, the Am- ers differently, and take away a fun- change that fact. trak Reauthorization Act of 1997. My col- damental right under American law Beyond that, it is also significant to leagues, in today's highly competitive market- that Congress has steadfastly sup- note that the 6-year labor protection place we need to preserve labor protections ported, the right for workers with man- was not something that was negotiated and collective bargaining rights of employees agement to negotiate the salient points through collective bargaining. Iron- and to level the playing field between the em- of the terms of their employment. ically, the 6-year imposed labor protec- ployers and employees in negotiating wages, This is not about Amtrak today; this tion was imposed by the Department of benefits and severance payments. vote is about the collective bargaining Labor, not through collective bargain- The LaTourette-Traficant amendment to process, the sanctity of that process, ing. I appreciate all the enthusiastic, H.R. 2247 will level the playing field in nego- and the terms guaranteed within the steamy rhetoric about taking away tiations between Amtrak and it's employees. rights to negotiate. If Members vote collective bargaining and protecting H.R. 2247, as drafted fails to do this, it re- for the Quinn measure, they take away collective bargaining, but facts are moves labor protections from workers and the right of Amtrak workers to nego- facts. The facts are just as I recited eliminates statutory wage protection for Am- tiate. them. trak employees, while claiming that it simply The gentleman from Georgia [Mr. Mr. QUINN. Mr. Chairman, will the subjects these issues to collective bargaining. COLLINS] is exactly right. I do not have gentleman yield? This is not good for Amtrak workers and that any more respect any greater for any- Mr. SHUSTER. I yield to the gen- is not good for America in trying to preserve body else than for the gentleman from tleman from New York. a national railway system for this country. Georgia [Mr. COLLINS], but not once, I Mr. QUINN. Mr. Chairman, I just The LaTourette-Traficant amendment re- would say to the gentleman, has there want to point out for the RECORD in the quires Amtrak employees to enter into collec- been a severance pay by Amtrak. They few minutes we have remaining, when tive bargaining on two provisions which are negotiated it. we talk about collective bargaining, currently nonnegotiable under current law. We cannot, Congress, save Amtrak by there is nobody in this House, I do not These two provisions prohibit Amtrak from tak- destroying and killing Amtrak work- believe, who has fought for collective ing Federal funds, firing an employee, and ers. But by god, if Congress goes for- bargaining longer and harder than me. contracting out work and providing protection ward and sets the precedent today to What is ironic to me is that this same to Amtrak employees who lost their jobs when throw out the window the gains of the bill, the identical bill of 2 years ago, a route is eliminated. collective bargaining process, Congress which talked about collective bargain- The LaTourette amendment requires em- will have failed itself. Congress would ing and had the support of labor for ployees to engage in bargaining with Amtrak have set a new law, a tragic law. collective bargaining, is back here on these two issues, just as they must bargain Let me say this, Republicans are again, identical as the first time. with Amtrak on all collective bargaining issues. mad, and rightfully so. Labor tried to I cannot understand for the life of The key issue with these amendments is screw them, but striking back at labor me, Mr. Chairman, why we had the sup- that these two provisions remain in place while H9524 CONGRESSIONAL RECORD — HOUSE October 24, 1997 the bargaining continues. If Amtrak is not sat- ing that was set aside in the Balanced Budget Mr. QUINN. Mr. Chairman, I yield isfied with the outcome of the bargaining, Am- Act. This is blatantly unfair to the people who myself such time as I may consume. trak may refuse to sign a contract with the em- keep Amtrak running. And it violates the public Mr. Chairman, I am glad I was here ployees, and the only recourse of the employ- interest of our Nation. on the floor this past Wednesday to ees is to strike. The amendment by Mr. LATOURETTE and witness the open debate that we held Amtrak has also publicly stated that all it Mr. TRAFICANT is a fair and reasonable com- on H.R. 2247, which of course was the wants is to bargain with its employees about promise. It balances the financial needs of ‘‘Amtrak Reform and Privatization Act these two issues. Privately, Amtrak President Amtrak with the respect that we owe to Am- of 1997,’’ because if I had been in my of- Tom Downs has said the LaTourette amend- trak's dedicated employees. I commend my fice, Mr. Chairman, and watched the ment is acceptable to him. Ohio colleagues for proposing this measure debate on our TV sets I would have Porponents of the H.R. 2247 say that this and I urge my colleagues to support it. thought that I was watching a video- amendment will hurt the financial security of Mr. PAYNE. Mr. Chairman, I rise today in tape of our discussion 2 years ago in Amtrak. This argument is ridiculous. The two opposition to the Amtrak Reform and Privat- the full committee markup of this Am- provisions being currently debated have no ization Act because I believe it violates both trak bill. bearing on Amtrak's financial future. The cur- worker and passenger rights and safety. The Mr. Chairman, I heard people on the rent bill as written eliminates labor protections bill as it is currently written would violate the floor just a day or two ago arguing how and abrogates collective bargaining agree- rights of Amtrak workers by eliminating wage this bill would break contracts. I heard ments negotiated between Amtrak and its em- protections and allowing the company to hire people argue how thousands of jobs ployees, and repeals existing prohibitions on outside contractors. It has been proven that would be lost and how Amtrak would contracting out Amtrak's operation. eliminating wage protection or contracting out contract out all of its work and how The contracting out provisions in the law will do little to improve the financial stability of the job loss would wreak havoc with bars Amtrak from firing a current employee the company. By eliminating this protection it the Railroad Retirement System. and contracting out his or her job. But this pro- will only prove to be helpful to Amtrak if the Ironically, Mr. Chairman, those are vision does not really prohibit contracting company is forced to lay off a large number of exactly the same arguments that I outÐin fact, Amtrak contracts out $10 million employees. This would be a cruel send off to used to gain support for amendments worth of work. The labor protections provide many dedicated railway workers who have that we offered that day. Those were severance for workers who lose their jobs given the best years of their lives to help keep arguments that Members in the House when a route is eliminated entirely. Since the Amtrak going. The bill also threatens the safe- used, both Democrats and Republicans, layoff of 4,000 employees in the last 2 years, ty of both employees and passengers from re- to get the compromise that we had Amtrak has paid out thousands of dollars in ceiving the damages due to them and their then and the same compromise that we protective benefits. Amtrak has said repeat- families as a result of a rail accident. I rep- have this morning. edly that these provisions have nothing to do resent an area of New Jersey that relies heav- Has the House forgotten that we with its future economic security. ily on Amtrak service and Amtrak rails to pro- amended the bill that day? Have we The LaTourette amendment is a fair, sen- vide needed public transportation to millions of forgotten that we won a major victory sible compromise. I believe that this amend- people in one of the most congested areas of for the working men and women of the ment reasonably protects the rights of Amtrak the country. Therefore, I cannot support this railroad that day? employees while satisfying the concerns of piece of legislation unless these negative pro- Mr. Chairman, we came up with a Amtrak. My colleagues, all the evidence high- visions are taken out. I believe Representative fair compromise that would help Am- lights the continued need for labor protections LA TOURETTE and Representative TRAFICANT's trak gain the necessary reforms it and statutory wage protections between Am- amendment will allow employees of the rail needed to survive. trak and its employees and to secure Amtrak's company to have the proper and safe stand- I thought about that word ‘‘Con- future. I urge my colleagues to support the ards they currently rely on while still ensuring gress,’’ and thought about the word LaTourette amendment which will ensure a that this bill will reform Amtrak to become a ‘‘compromise’’ a little bit at the same strong and secure future of Amtrak and its stable and one day profitable company. I urge time. I went back to the office and I 20,000 workers. my colleagues to vote for this amendment and got the Webster’s Dictionary and Mr. KUCINICH. Mr. Chairman, I rise today against the bill if the LaTourette-Traficant looked up ‘‘compromise.’’ It said, ‘‘A to support the amendment by Mr. LATOURETTE amendment or the Oberstar substitute is not settlement of differences by arbitra- and Mr. TRAFICANT, my colleagues from north- agreed to. tion or by consent reached by mutual ern Ohio, and to honor the men and women Mr. Chairman, I yield back the bal- concessions.’’ Consent reached by mu- who have built and operate the Amtrak railway ance of my time. tual concession. Is that not what we system. Mr. SHUSTER. Mr. Chairman, I yield had on this legislation the last time, More than 100 years ago, it was the rail- back the balance of my time. consent reached by mutual concession? roads that formed the basic infrastructure of AMENDMENT NO. 2 OFFERED BY MR. QUINN AS A Mr. Chairman, the original commit- our countryÐthe infrastructure that enabled SUBSTITUTE FOR THE AMENDMENT OFFERED tee bill that I objected to would have our economy to expand and prosper. Hun- BY MR. LATOURETTE dropped Amtrak labor protections from dreds of thousands of dedicated workersÐ Mr. QUINN. Mr. Chairman, I offer an 6 years to 6 months, no questions many of them immigrants working for low amendment as a substitute for the asked. It would have happened. The wagesÐgave their lives to build America's rail- amendment. original committee bill would have al- roads. Today, railroads employees use their The CHAIRMAN. The Clerk will des- lowed Amtrak to contract out almost skills to keep the railroads safeÐto move ignate the amendment. all of its work, no questions asked. freight and passengers quickly and efficiently. The text of the amendment offered as We put together a compromise which When Amtrak was founded in 1971, the a substitute for the amendment is as we offered on behalf of everybody so Federal Government made a compact with its follows: that we would have mutual concessions workers. We made a pact to treat Amtrak Amendment No. 2 offered by Mr. QUINN as from both sides. That is the definition workers fairly, to protect the incomes of Am- a substitute for the amendment offered by of a compromise, Mr. Chairman. Unfor- Mr. LATOURETTE: trak workers who gave up jobs in higher-pay- tunately, I have to rise today with this Page 15, after line 16, insert the following ing freight railroad companies. The Govern- new paragraph: substitute to the amendment of the ment promised to compensate Amtrak employ- (7) Nothing in this Act shall affect the gentleman from Ohio [Mr. ees who are displaced because of the process level of protection provided to employees of LATOURETTE], my good friend and col- of restructuring. This Amtrak Reform Act aban- freight railroads or of transit systems. league. I would have hoped that we dons those commitments. It eliminates essen- The CHAIRMAN pro tempore (Mr. would have been able to keep the tial worker protections and places arbitrary THORNBERRY). Pursuant to House Reso- amendment separate; however, with time limits on the collective bargaining proc- lution 270, the gentleman from New the rule before us, that is not going to ess. It would lead to greater labor strife in the York [Mr. QUINN] and the gentleman be possible. Amtrak system because workers would have from Minnesota [Mr. OBERSTAR] each While I respect and admire my good their contract rights canceled. It would demor- will control 10 minutes. friend from Ohio, his amendment would alize Amtrak workers, forcing them to sacrifice The Chair recognizes the gentleman strike from the bill the compromise so the system can obtain the Federal financ- from New York [Mr. QUINN]. language that we all worked on, with October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9525 the support of labor, to protect the other rail unions. That was set forth in a positive contribution to the debate on how rights of working men and women at a statement from the Transportation to ensure the long-term vitality of inner city Amtrak. Trades Department this morning. transportation. I am a little disappointed, Mr. Chair- Mr. Chairman, I yield 1 minute to the And Mr. Greg Lawler representing man, with the level of some of that dis- gentleman from Ohio [Mr. rail labor said at the time, cussion here on the floor. We have been LATOURETTE]. We think this is a good compromise on fighting for the survival of Amtrak for Mr. LATOURETTE. Mr. Chairman, I Amtrak. We hope it goes forward. We like it. over 2 years now, and it makes every- want to say in response to the gen- This is the biggest flip-flop since thing sound that this amendment, this tleman from New York [Mr. QUINN], my Humpty Dumpty fell off the wall. This Quinn amendment, is all of the sudden good friend, I am certainly not saying is not antilabor. This is pro-Amtrak. antilabor. I respectfully disagree that I that his amendment is an anti-labor We are trying to save Amtrak. And at am offering an antilabor amendment amendment. I think everybody on our the time, talk about good faith nego- today. It is a prolabor amendment that side recognized the gentleman as a tiation, at the time we sat down with simply does this: It walls off the Am- friend of labor. My problem with the the Senate and tried to work out fund- trak employees so that we are not hav- Quinn amendment is this: It walls off ing for Amtrak the agreement was that ing any effect today on freight labor or freight labor, but it does nothing for the $2.3 billion would be put in the rec- transit labor workers in this act. Plain the men and women who work for Am- onciliation tax package for Amtrak and simple. Otherwise, it is exactly the trak. subject to, contingent upon, real regu- same. The fact of the matter is if the Quinn latory reforms, meaningful reforms Today’s amendment would, in addi- amendment passes we will not have a taking place. tion to walling off those provisions, say vote on the LaTourette amendment. So, Mr. Chairman, if the Quinn to our workers across the country and What that means is that all of the amendment fails, then I do not believe in our individual districts that we are labor provisions that are in place 254 there is going to be any bill. There is going to keep Amtrak alive and well days after the enactment of the bill, not going to be any bill because we will and working so that all the jobs can be that are in place for all the men and be in the position of not being able to retained. I am very concerned, Mr. women who work so hard for Amtrak, fulfill our commitment that we made Chairman, if we are not successful here will blow up. That clearly will put the back at the time the $2.3 billion was this afternoon, where this funding for management at Amtrak, which issued made contingent upon real reform. If Amtrak will end up. a memorandum to itself saying that there is no real reform, there is not Mr. Chairman, we have a golden op- they should be careful not to give going to be any bill and there is not portunity to do the right thing and to themselves no more than a 15 percent going to be any $2.3 billion for Amtrak, save our country’s national rail pas- increase, while the wages of the Am- and I deeply regret that because I want senger system today while preserving trak employees have continued to de- to save Amtrak. Mr. Chairman, it is crucial that we the dignity of its workers. The cline. pass the Quinn amendment so we can LaTourette amendment, by stripping The observation that I made in the Committee on Rules and that the gen- then proceed to pass this legislation. out the Quinn compromise, will jeop- Mr. Chairman, I reserve the balance tleman from Minnesota [Mr. OBERSTAR] ardize that funding. The release of that of my time. made on the floor the other day is ex- money is contingent upon real Amtrak Mr. OBERSTAR. Mr. Chairman, I actly right. The Quinn amendment is a reform. What better reform is there yield 1 minute to the gentlewoman good amendment, but it is half a loaf. than the compromise reform that we from Florida [Ms. BROWN]. agreed upon in this House 406 to 4? We need the whole loaf to protect the Ms. BROWN of Florida. Mr. Chair- Which Republicans, Democrats and or- good men and women that work for man, in this discussion we need to talk ganized labor all agreed to? Amtrak. about the important role passenger rail I suggest that we keep the necessary Mr. QUINN. Mr. Chairman, I yield plays in the lives of our citizens and compromise reforms in this bill, strip such time as he may consume to the our economy. What this Amtrak au- out the unintentional effect that it gentleman from Pennsylvania [Mr. thorization bill really is about is keep- could have had on freight and transit SHUSTER], the chairman of the full ing the vital links open. labor workers, and I ask my colleagues committee. There are provisions in the authoriz- to support the Quinn substitute. Mr. SHUSTER. Mr. Chairman, I rise ing bill that disregard labor agree- Mr. Chairman, I reserve the balance in strong support of the Quinn amend- ments already agreed to by labor and of my time. ment. I certainly would concur that management. If we are really serious Mr. OBERSTAR. Mr. Chairman, I new Members who were not here in the about keeping Amtrak running, if we yield myself 11⁄2 minutes. past Congress are totally free to vote are really serious about supporting the Mr. Chairman, to first debunk a few however they choose. But I do believe working people of Amtrak and getting myths, one is the myth of the vote of that Members who were here and with people to work, we must vote ‘‘no’’ on the last Congress. We had an election whom we negotiated in good faith, I am this Quinn amendment. since then. Seventy-six new Members quite surprised that they now would Mr. Chairman, when I served in the of Congress. We do not expect them to flip-flop even though we did work out a Florida House of Representatives we be retained to whatever was done by compromise. had a saying: ‘‘Loving a bill to death.’’ their predecessor in Congress. In fact, the distinguished ranking That is what is happening here. We are Second, in the aftermath of that leg- member of the Subcommittee on Rail- talking about how we support Amtrak islation to which senior members of roads said about virtually this same and we support Amtrak workers, but rail labor signed on, there has been an legislation the last time we had it be- we are putting provisions in here that election as well and those two labor fore us that, we know are a killer to the working leaders were defeated and replaced by I was initially concerned that the Amtrak people of Amtrak and the men and new leadership who has charted a new employees might not be treated equitably in women of this country. the bill. However, after some of the changes direction for their members and said Mr. Chairman, in this discussion, we need to that it is not a good deal. were made in the bill, a reasonable com- promise was reached. The bill will enable talk about the important role passenger rail- Third, the Quinn amendment is op- Amtrak to downsize and control its costs roads play in the lives of our citizens and to posed by the AFL–CIO, the Transpor- while ensuring the fair treatment of Amtrak our economy. tation Trades Department, AFL–CIO, employees if there is a loss of jobs. What this Amtrak authorization bill really is the United Transportation Union, the Mr. Chairman, that was their posi- about is keeping this vital link open. There are Brotherhood of Locomotive Engineers, tion then. The Secretary of Transpor- provisions in this authorization bill that dis- the Transportation Communications tation at the time said, regard labor agreements already agreed to by Union, the Brotherhood of Mainte- I am pleased that the labor provisions of labor and management. nance of Way Employees, the Brother- the bill have been altered so the change will This will kill the chance for a smooth labor hood of Railroad Signalmen, and the be achieved through labor-management dia- negotiation and create a transportation night- Transport Workers Union, and all log. The committee’s proposed legislation is mare. H9526 CONGRESSIONAL RECORD — HOUSE October 24, 1997 The LaTourette-Traficant bill adds reason people’s jobs is not reform. Let us not employment, reemployment, et cetera, and fairness to this bill. It leaves the issues of balance Amtrak’s books by depriving et cetera. All that we are talking about wage and contracting to the labor and man- people like the Beech Grove shop work- in the LaTourette amendment is to agement negotiators. ers of their jobs. place the words at the end of that sec- This amendment must be part of the bill. Mr. Chairman, I urge my colleagues tion saying, ‘‘unless the parties agree.’’ The negotiators must have the ability to to support the LaTourette-Traficant They cannot even accept that. This is work out the best deal. amendment and to reject the Quinn antilabor. I will say it here on the If we are really serious about keeping Am- amendment. floor. trak running and getting people to work, we Mr. QUINN. Mr. Chairman, I yield 11⁄2 Mr. OBERSTAR. Mr. Chairman, I must vote ``yes'' on this amendment. minutes to the gentleman from Florida yield 1 minute to the gentleman from Mr. OBERSTAR. Mr. Chairman, I [Mr. MICA], a member of the full com- Ohio [Mr. TRAFICANT]. yield 1 minute to the gentleman from mittee and a member of the Sub- Mr. TRAFICANT. Mr. Chairman, if West Virginia [Mr. WISE]. committee on Railroads. we take away the incentive to bargain Mr. WISE. Mr. Chairman, the distin- in good faith, we kill collective-bar- b 1215 guished gentleman from Pennsylvania gaining, period. Every word of the [Mr. SHUSTER] recalled my words on Mr. MICA. I thank the gentleman for Quinn amendment is in LaTourette and the floor 2 years ago, so I want to rise yielding me the time. Traficant. If Members vote for to that challenge. The fact is, as the Mr. Chairman, why can we not pass LaTourette-Traficant, they vote for chairman points out, this bill passed the same bill that this House passed Quinn. But what is not in Quinn are 406 to 4, left the House 406 to 4. last year by a vote of almost every basic labor protections. But, Mr. Chairman, I would say to Member of the House? I submit it is be- I am tired of hearing about 2 years my colleagues, please note, walk 100 cause special interests weighed in. ago. Workers were willing to hurt yards down the hall to the other body. Here are the folks that supported the themselves to save Amtrak. But since It went nowhere. One of the reasons it legislation last time that have now re- then there has been a blue ribbon panel went nowhere is because of the provi- versed their position. Special interests that said we do not have to kill the sions in this bill as well as the provi- have weighed in. workers. That is not the big cost fac- sions dealing with liability restric- I have a unique approach today. Let tor. Let us allow our workers to nego- tions. us not represent special interests. Let tiate with management. Let us not set Do we want an Amtrak bill? Do we us represent the American taxpayer. a precedent today that does kill collec- want the trains to continue running in We heard it is not costing us any- tive-bargaining. If we do not the Northeast corridor? Do we want to thing. Let me put this in perspective. incentivize collective-bargaining and see some legislation this year? Then we For every time someone got on an Am- we provide a disincentive, we kill col- have to vote against the Quinn amend- trak passenger train last year, the tax- payer paid $25, $25. There were 20 mil- lective-bargaining. ment and for the LaTourette amend- That is the issue today. That is the lion boardings. That is hundreds of mil- ment. issue today. If Members are supporting lions of taxpayer dollars. So it does Also, because the predictions that Quinn, everything that Quinn says is in cost the taxpayer money. In fact, it has were made 2 years ago so eloquently in LaTourette and Traficant. I want cost the taxpayer, since 1971, $19 billion the debate about what would happen if Members to know that. But when they these provisions were not included in to subsidize Amtrak. Testimony to our committee said vote for Quinn, they are killing the in- the bill have proven not to come forth. centive to negotiate in good faith. Let Indeed, the so-called labor protections that we could transport people by chauffeured limousine along some of there be no mistake. That is a sad day. have resulted in less than slightly H.R. 2247, the Amtrak Reform and Privat- these routes at a lower cost. Why can more than $1,000 per severed employee, ization Act of 1997, makes some much need- we not make these changes? Because not a great sum to Amtrak. ed changes to Amtrak that will allow it to special interests say that if we elimi- So for those reasons, 406 to 4, yes, out streamline its operations and cut costs. of this House and the bill then went ab- nate a route, we must pay 6 years full However, as drafted the bill makes changes solutely nowhere. Stalled on a siding. wages and benefits. in current law that are unnecessary and will We have tried Band-Aids. We have Mr. OBERSTAR. Mr. Chairman, I have a negative impact on Amtrak's employ- tried bailing wire. We have tried mask- yield 1 minute to the gentlewoman ees. from Indiana [Ms. CARSON]. ing tape. I submit that the taxpayer The LaTourette-Traficant amendment does (Ms. CARSON asked and was given demands that we make real reforms exactly what the Quinn substitute does: it says permission to revise and extend her re- that fix Amtrak. that freight and transit workers will not be af- marks.) Mr. OBERSTAR. Mr. Chairman, I fected by any changes made in the bill. Ms. CARSON. Mr. Chairman, I rise to yield 1 minute to the gentleman from But the amendment goes further than express strong opposition to the Quinn New Jersey [Mr. PASCRELL]. Quinn: It also says that statutory provisions on amendment. While the Amtrak reform Mr. PASCRELL. Mr. Chairman, labor protection and contracting out will remain and privatization bill makes some vital thank God we are in the 105th Con- in place. improvements to the Nation’s pas- gress. That was a chart from the 104th Under the Quinn amendment, Amtrak work- senger rail system, it also includes Congress. ers are treated differently than freight or transit very dangerous provisions that will Specifically speaking, in subtitle 5 of workers. Under the Quinn amendment, freight hurt Amtrak’s employees and pas- title 49, section 24706, it is very clear and transit workers retain the protections af- sengers. what the language is that they are forded under the current law. Amtrak workers It throws Amtrak employees into the going to take out with the Quinn lose that protection under the Quinn amend- same uncertainty that faces so many amendment. It says the following: Em- ment. other American workers today. The ployee protective arrangements, Am- The LaTourette-Traficant amendment af- bill ends race protections for displaced trak or a rail carrier shall provide fair fords Amtrak management and labor the op- and downgraded Amtrak workers that and equitable arrangements to protect portunity to collectively bargain over these is- have been in place since the 1980’s. It the interests of employees of Amtrak sues. The amendment allows these provisions does away with the law protecting Am- or a rail carrier, as the case may be, af- to be altered or eliminated through the collec- trak employees against being replaced fected by the discontinuance of inter- tive bargaining process. by contract workers without the same city rail passenger service. Let's tell it like it is. Amtrak seldom, if ever, guarantees of wages and benefits like We are talking about the preserva- pays labor protection severance when a route health care. tion of rights, privileges and benefits of is terminated. When there are job cutbacks, In my district, this provision in the the employees to continuation of col- senior employees have rights under collective bill would allow Amtrak to replace 706 lective-bargaining rights, the protec- bargaining agreements to bump more junior workers at the Amtrak maintenance tion of individual employees against a employees holding other jobs. These junior shop in Beech Grove, IN, with contract worsening of their positions related to employees are eligible for very limited protec- workers in other States. Taking away employment, assurances of priority of tion. October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9527 Over the past 5 years, Amtrak was able to Mr. LOBIONDO. Mr. Chairman, I get to the LaTourette amendment, the lay off more than 2,000 employees out of a would like to point out that my good LaTourette-Traficant amendment, if work force of 23,000. The labor protection friend, the gentleman from Ohio [Mr. we support Quinn. To get to the real costs amounted to about $500 per employee. TRAFICANT] pointed out what is needed reforms in Amtrak we need to defeat Let's take a look at contracting out. H.R. in this bill and referred to the com- the pending amendment of the gen- 2247, also repeals the statutory prohibition on ments of the gentleman from Penn- tleman from New York in order to vote Amtrak contracting out work if it results in any sylvania [Mr. SHUSTER]. on what working men and women have Amtrak employees losing their jobs. If we do not enact these reforms, we said in their elections that they sup- The fact is, current law allows Amtrak to are not going to have Amtrak. Maybe port as the right way to deal with labor contract out work, and every year Amtrak con- some Members in this House do not conditions in America’s passenger rail. tracts out tens of millions of dollars of work. care about Amtrak. Maybe some Mem- Let us make no mistake about it. Yes, in the last Congress almost an iden- bers say it does not affect them. But it The committee bill does this year, as it tical bill passed with over 400 votes. I sup- does. It is an important component of did in the last Congress, set up a proc- ported that bill. our rail system that we need to pass ess for wiping out contractual agree- But a lot has changed in 2 years. A blue rib- the Quinn amendment to be able to ments freely entered into between bon panel was established to review Amtrak. keep this alive. The panel did not find that statutory labor pro- labor and management. I would say, The gentleman from New York [Mr. tection and contracting out provisions are a and in the last Congress I did support QUINN] has worked tirelessly on these major factor in hindering Amtrak's perform- this bill because it was something I in- issues to help promote the common ance. herited, I kept the word of my prede- Since the last Congress, we have also had good, to try to draw Members together, cessor. more time to examine the exact costs Amtrak to try to draw consensus. If we are to I would not have negotiated this bill. has incurred because of statutory labor protec- move forward with Amtrak, we need But my father told me, what is sacred tion and contracting out provisions. Those these reforms to be able to put in place is what labor negotiates with manage- costs are minimal. the funding. ment. You can never wipe it out. The Passing this amendment will not, in any So if Members care about Amtrak, if Congress will wipe out the sacred trust way, compromise the major thrust of the bill, they want to see Amtrak continue to between labor and management in the which is to make much needed reforms to operate, this is essential. That is the contract freely negotiated. Defeat the Amtrak's operations. bottom line. We can talk all we want Quinn amendment. The LaTourette-Traficant amendment en- about everything else. There will not The CHAIRMAN pro tempore. The sures that any changes to the current relation- be any jobs. It will be bankrupt. It will question is on the amendment offered ship between management and labor are be belly up. Those jobs will be gone. So by the gentleman from New York [Mr. mode through the collective bargaining proc- we want these reforms enacted so we QUINN] as a substitute for the amend- essÐnot through the dictates of Congress. can protect it. ment offered by the gentleman from That's the way it should be. Mr. QUINN. Mr. Chairman, I yield Ohio [Mr. LATOURETTE]. Vote ``no'' on the Quinn amendment and myself the balance of my time. Just to The question was taken; and the ``yes'' on the LaTourette-Traficant amendment. close the last 30 seconds that we have, Chairman pro tempore announced that Mr. OBERSTAR. Mr. Chairman, I I think the point that the gentleman the ayes have it. yield 1 minute to the gentleman from from New Jersey [Mr. LOBIONDO] and RECORDED VOTE Ohio [Mr. LATOURETTE], cosponsor other speakers have made is critically Mr. TRAFICANT. Mr. Chairman, I with the gentleman from Ohio [Mr. important to all Members before they TRAFICANT] of the underlying amend- demand a recorded vote. come over here to vote this afternoon. A recorded vote was ordered. ment. We can talk about blue ribbon panels. The CHAIRMAN pro tempore. Pursu- Mr. LATOURETTE. Mr. Chairman, I We can talk about charges back and ant to clause 2(c) of rule XXIII, the thank the gentleman for yielding me forth and who is for labor and who is the time. Chair may reduce to not less than 5 against labor. But at the end of the To amplify on what our good friend minutes the time for any electronic day, in the next half hour, the impor- from Youngstown, OH, had to say, in vote, if ordered, on the LaTourette tant concept is whether or not Amtrak 1981 Amtrak unions negotiated an amendment without intervening busi- is able to survive. agreement calling for a package of ness or debate. I will submit that a vote against wage increases. Soon after the passage The vote was taken by electronic de- Quinn is a vote to contribute to the of that agreement, that contract, the vice, and there were—ayes 195, noes 223, collapse of Amtrak. Support the Quinn unions were told by Amtrak and Mem- not voting 16, as follows: bers of Congress that Amtrak could not substitute. Mr. OBERSTAR. Mr. Chairman, I [Roll No. 529] afford what the company just agreed AYES—195 to. The workers were told that they yield myself the balance of my time. I want to thank the distinguished Aderholt Castle Fowler had to defer two-thirds of those in- gentleman from Ohio for his principled Archer Chabot Franks (NJ) creases. Armey Chambliss Frelinghuysen It is now 1997, 16 years later, and that stand and the gentleman from Ohio Bachus Christensen Gallegly wage increase remains deferred. Am- [Mr. TRAFICANT] for his stand on this Baker Coble Ganske issue of fundamental importance to Ballenger Coburn Gekas trak workers have sacrificed for the Barr Collins Gibbons good of Amtrak. rail labor. Barrett (NE) Combest Gilchrest Again, to reiterate, the Quinn I have heard some very disturbing Bartlett Cook Gingrich amendment, if we think of a train ride comments in the course of the debate Barton Cooksey Goode yesterday or the day before in ref- Bass Cox Goodlatte from New York City to Los Angeles, Bateman Crane Goodling the train stops in Buffalo sadly. It does erence to labor bosses. Today reference Bilbray Cunningham Goss not get all the way to Los Angeles. In to special interests. Since when are Bliley Davis (VA) Graham order to get all the way to Los Angeles, working men and women special inter- Blunt Deal Granger ests? It is just a way of blurring their Boehlert DeLay Greenwood we need to reject the Quinn amend- Boehner Dooley Gutknecht ment and support LaTourette-Trafi- name, smudging their name. I resent Bonilla Doolittle Hansen cant. it. Bono Dreier Hastert The CHAIRMAN pro tempore [Mr. Who do you call captains of industry? Brady Duncan Hastings (WA) Bryant Dunn Hayworth THORNBERRY]. The gentleman from Management. Fancy term. Why cannot Bunning Ehlers Hefley Minnesota [Mr. OBERSTAR] has the labor be referred to in the same terms Burr Ehrlich Herger right to close debate as he is defending of respect? Buyer Emerson Hill Make no mistake about it, we sup- Calvert Ensign Hilleary the committee position on a substitute Camp Everett Hobson amendment. port what the gentleman from New Campbell Ewing Hoekstra Mr. QUINN. Mr. Chairman, I yield 1 York [Mr. QUINN] is attempting to do. Canady Fawell Horn minute to the gentleman from New His concepts are incorporated into the Cannon Foley Hostettler Cardin Forbes Houghton Jersey [Mr. LOBIONDO]. LaTourette amendment, but we never H9528 CONGRESSIONAL RECORD — HOUSE October 24, 1997 Hunter Northup Sensenbrenner Skaggs Tanner Waters reforms. Under these circumstances, Hutchinson Norwood Sessions Skelton Tauscher Watt (NC) Hyde Nussle Shadegg Slaughter Thompson Waxman we simply cannot proceed. I believe we Inglis Oxley Shaw Smith (NJ) Thurman Weldon (PA) have jeopardized the future of Am- Istook Packard Shays Smith, Adam Tiahrt Weller trak’s existence. Jenkins Pappas Shimkus Smith, Linda Tierney Wexler (Mr. OBERSTAR asked and was given Johnson (CT) Parker Shuster Snyder Torres Weygand Johnson, Sam Paxon Skeen Spratt Towns Wise permission to address the Committee Jones Pease Smith (MI) Stabenow Traficant Woolsey for 1 minute.) Kasich Peterson (PA) Smith (TX) Stark Turner Wynn Mr. OBERSTAR. Mr. Chairman, I re- Kim Petri Snowbarger Stokes Velazquez Yates spect the statement the Chairman of Kingston Pickering Solomon Strickland Vento Young (AK) Knollenberg Pitts Souder Stupak Visclosky Young (FL) our Committee has just made, but I Kolbe Pombo Spence just want to point out that the legisla- NOT VOTING—16 LaHood Porter Stearns tion providing for the $2.3 billion sim- Largent Portman Stenholm Bereuter Gonzalez Rangel Latham Pryce (OH) Stump Bilirakis Klug Ryun ply calls for a reform, no adjectives to Lewis (CA) Quinn Sununu Callahan McCarthy (NY) Schiff it. The underlying LaTourette amend- Lewis (KY) Radanovich Talent Chenoweth McIntosh Smith (OR) ment is reform. We could proceed to Linder Ramstad Tauzin Cubin Mollohan vote on it. It would do the job and it Livingston Redmond Taylor (MS) Dickey Payne LoBiondo Regula Taylor (NC) would release the $2.3 billion. I want to Lucas Riggs Thomas b 1247 make that very clear. Manzullo Riley Thornberry Mr. SHUSTER. Mr. Chairman, I move McCollum Rogan Thune The Clerk announced the following McCrery Rogers Upton pair: that the Committee do now rise. McHugh Rohrabacher Walsh On this vote: The motion was agreed to. McInnis Roukema Wamp Accordingly the Committee rose; and McKeon Royce Watkins Mr. SMITH of Oregon for, with Mr. RANGEL the Speaker pro tempore (Mr. COM- Mica Salmon Watts (OK) against. BEST) having assumed the chair, Mr. Miller (FL) Sanford Weldon (FL) Ms. SLAUGHTER and Messrs. NEU- Moran (KS) Saxton White THORNBERRY, Chairman pro tempore of Morella Scarborough Whitfield MANN, TIAHRT, WELLER and the Committee of the Whole House on Myrick Schaefer, Dan Wicker METCALF, and Ms. KELLY changed Nethercutt Schaffer, Bob Wolf the State of the Union, reported that their vote from ‘‘aye’’ to ‘‘no.’’ that Committee, having had under con- Mr. WHITFIELD and Mr. TAYLOR of NOES—223 sideration the bill (H.R. 2247) to reform Mississippi changed their vote from the statutes relating to Amtrak, to au- Abercrombie Flake Markey ‘‘no’’ to ‘‘aye.’’ Ackerman Foglietta Martinez thorize appropriations for Amtrak, and Allen Ford Mascara So the amendment offered as a sub- for other purposes, had come to no res- Andrews Fox Matsui stitute for the amendment was re- olution thereon. Baesler Frank (MA) McCarthy (MO) jected. Baldacci Frost McDade f Barcia Furse McDermott The result of the vote was announced Barrett (WI) Gejdenson McGovern as above recorded. ADJOURNMENT TO TUESDAY, Becerra Gephardt McHale Mr. SHUSTER. Mr. Chairman, I ask OCTOBER 28, 1997 Bentsen Gillmor McIntyre unanimous consent to address the Berman Gilman McKinney Mr. COX of California. Mr. Speaker, I Berry Gordon McNulty Committee for 1 minute. Bishop Green Meehan The CHAIRMAN pro tempore (Mr. ask unanimous consent that when the Blagojevich Gutierrez Meek THORNBERRY). Is there objection to the House adjourns today, it adjourn to Blumenauer Hall (OH) Menendez meet at 10:30 a.m. on Tuesday, October Bonior Hall (TX) Metcalf request of the gentleman from Penn- Borski Hamilton Millender- sylvania? 28, 1997, for morning hour debates. Boswell Harman McDonald Mr. OBERSTAR. Mr. Chairman, re- The SPEAKER pro tempore. Is there Boucher Hastings (FL) Miller (CA) serving the right to object, is it the ob- objection to the request of the gen- Boyd Hefner Minge tleman from California? Brown (CA) Hilliard Mink jective of the gentleman that the Com- Brown (FL) Hinchey Moakley mittee rise at this point after his 1- There was no objection. Brown (OH) Hinojosa Moran (VA) minute? f Burton Holden Murtha Mr. SHUSTER. Mr. Chairman, if the Capps Hooley Nadler MOTION TO ADJOURN Carson Hoyer Neal gentleman will yield, that is my objec- Clay Hulshof Neumann tive, yes. Mr. BONIOR. Mr. Speaker, I move Clayton Jackson (IL) Ney that the House do now adjourn. Clement Jackson-Lee Oberstar Mr. OBERSTAR. Mr. Chairman, fur- Clyburn (TX) Obey ther reserving the right to object, The SPEAKER pro tempore. The Condit Jefferson Olver would not the regular order of business question is on the motion to adjourn Conyers John Ortiz be, without this intervening 1-minute, offered by the gentleman from Michi- Costello Johnson (WI) Owens Coyne Johnson, E. B. Pallone to proceed immediately to the vote on gan [Mr. BONIOR]. Cramer Kanjorski Pascrell the underlying amendment of the gen- The question was taken; and the Crapo Kaptur Pastor tleman from Ohio (Mr. LATOURETTE)? Speaker pro tempore announced that Cummings Kelly Paul the noes appeared to have it. Danner Kennedy (MA) Pelosi The CHAIRMAN pro tempore. It Davis (FL) Kennedy (RI) Peterson (MN) would be the next order of business to RECORDED VOTE Davis (IL) Kennelly Pickett proceed on the vote on the LaTourette Mr. BONIOR. Mr. Speaker, I demand DeFazio Kildee Pomeroy amendment, the substitute having DeGette Kilpatrick Poshard a recorded vote. Delahunt Kind (WI) Price (NC) failed. A recorded vote was ordered. DeLauro King (NY) Rahall Mr. OBERSTAR. Mr. Chairman, I The vote was taken by electronic de- Dellums Kleczka Reyes withdraw my reservation of objection. vice, and there were—ayes 168, noes 244, Deutsch Klink Rivers Diaz-Balart Kucinich Rodriguez The CHAIRMAN pro tempore. Is not voting 21, as follows: Dicks LaFalce Roemer there objection to the request of the [Roll No. 530] Dingell Lampson Ros-Lehtinen gentleman from Pennsylvania? AYES—168 Dixon Lantos Rothman There was no objection. Doggett LaTourette Roybal-Allard Ackerman Bonior Clayton Doyle Lazio Rush Mr. SHUSTER. Mr. Chairman, when Allen Borski Clement Edwards Leach Sabo the Taxpayer Relief Act provided $2.3 Andrews Boswell Clyburn Engel Levin Sanchez billion for capital improvements to Baldacci Boucher Coburn English Lewis (GA) Sanders Barcia Boyd Condit Eshoo Lipinski Sandlin save Amtrak, it was contingent on en- Barrett (WI) Brown (CA) Conyers Etheridge Lofgren Sawyer actment of meaningful labor reforms. Becerra Brown (FL) Costello Evans Lowey Schumer Unfortunately by the changing, the Berman Brown (OH) Coyne Farr Luther Scott switching votes here since that pre- Berry Capps Cramer Fattah Maloney (CT) Serrano Bishop Cardin Cummings Fazio Maloney (NY) Sherman vious Congress, we find ourselves in the Blagojevich Carson Davis (FL) Filner Manton Sisisky position where we have no meaningful Blumenauer Clay Davis (IL) October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9529 DeFazio Kennelly Pickett Northup Rothman Sununu CONFERENCE REPORT ON H.R. 2107, DeGette Kilpatrick Pomeroy Nussle Roukema Talent Delahunt Kind (WI) Poshard Ortiz Royce Tanner DEPARTMENT OF THE INTERIOR DeLauro LaFalce Price (NC) Oxley Salmon Tauzin AND RELATED AGENCIES APPRO- Dellums Lampson Reyes Packard Sanford Taylor (MS) PRIATIONS ACT, 1998. Deutsch Lantos Rivers Pappas Saxton Taylor (NC) Dicks Levin Rodriguez Parker Scarborough Thomas Mr. REGULA. Mr. Speaker, pursuant Dingell Lewis (GA) Roybal-Allard Paul Schaefer, Dan Thornberry to House Resolution 277, I call up the Dixon Lipinski Rush Paxon Schaffer, Bob Thune conference report on the bill [H.R. 2107) Doggett Lofgren Sabo Pease Sensenbrenner Tiahrt making appropriations for the Depart- Edwards Lowey Sanchez Petri Sessions Traficant Engel Luther Sanders Pickering Shadegg Turner ment of the Interior and Related Agen- Ensign Maloney (CT) Sandlin Pitts Shaw Upton cies for the fiscal year ending Septem- Eshoo Maloney (NY) Sawyer Pombo Shays Visclosky ber 30, 1998, and for other purposes, and Etheridge Manton Schumer Porter Sherman Walsh ask for its immediate consideration. Evans Markey Scott Portman Shimkus Wamp Farr Martinez Serrano Pryce (OH) Shuster Watkins The Clerk read the title of the bill. Fattah Matsui Skaggs Quinn Sisisky Watts (OK) The SPEAKER pro tempore (Mr. Fazio McCarthy (MO) Skelton Radanovich Skeen Weldon (FL) LATOURETTE). Pursuant to House Reso- Filner McDermott Slaughter Rahall Smith (MI) Weldon (PA) lution 277, the conference report is con- Flake McGovern Smith, Adam Ramstad Smith (NJ) Weller Foglietta McIntyre Snyder Redmond Smith (TX) Wexler sidered read. Ford McKinney Stabenow Regula Smith, Linda White (For conference report and state- Frank (MA) McNulty Stark Riggs Snowbarger Whitfield ment, see proceedings of the House of Frost Meehan Stenholm Riley Solomon Wicker October 22, 1997, at page H9004.) Furse Meek Stokes Roemer Souder Wolf The SPEAKER pro tempore. The gen- Gejdenson Menendez Strickland Rogan Spence Young (AK) Gordon Millender- Stupak Rogers Spratt Young (FL) tleman from Ohio [Mr. REGULA] and Gutierrez McDonald Tauscher Rohrabacher Stearns the gentleman from Illinois [Mr. Yates) Harman Miller (CA) Thompson Ros-Lehtinen Stump each will control 30 minutes. Hastings (FL) Mink Thurman The Chair recognizes the gentleman Hefner Moakley Tierney NOT VOTING—21 Hilliard Moran (VA) Torres Bereuter Gephardt Ney from Ohio [Mr. REGULA]. Hinchey Nadler Towns Bilirakis Gonzalez Payne b 1315 Hinojosa Neal Velazquez Callahan Granger Peterson (PA) Hooley Norwood Vento Chenoweth Klug Rangel GENERAL LEAVE Hoyer Oberstar Waters Cubin McCarthy (NY) Ryun Mr. REGULA. Mr. Speaker, I ask Jackson (IL) Obey Watt (NC) Dickey McIntosh Schiff Jackson-Lee Olver Waxman Gekas Mollohan Smith (OR) unanimous consent that all Members (TX) Owens Weygand may have 5 legislative days within Jefferson Pallone Wise b 1311 which to revise and extend their re- John Pascrell Woolsey So the motion to adjourn was re- marks on the conference report to ac- Johnson, E. B. Pastor Wynn Kennedy (MA) Pelosi Yates jected. company H.R. 2107, and that I may in- Kennedy (RI) Peterson (MN) The result of the vote was announced clude tabular and extraneous material. as above recorded. The SPEAKER pro tempore (Mr. NOES—244 f LATOURETTE). Is there objection to the Abercrombie Doolittle Hyde request of the gentleman from Ohio? Aderholt Doyle Inglis PERSONAL EXPLANATION There was no objection. Archer Dreier Istook Mr. GOODLING. Mr. Speaker, regrettably I Mr. REGULA. Mr. Speaker, I yield Armey Duncan Jenkins myself such time as I may consume. Bachus Dunn Johnson (CT) was not present to vote on rollcall vote 530 on Baesler Ehlers Johnson (WI) the motion to adjourn. I was detained in a con- Mr. Speaker, I would say to the gen- Baker Ehrlich Johnson, Sam ference with the House leadership. Had I been tleman from Illinois [Mr. YATES], I Ballenger Emerson Jones have had a couple of requests for col- present, I would have voted ``no.'' Barr English Kanjorski loquies, and I would like to do those Barrett (NE) Everett Kaptur f Bartlett Ewing Kasich now so we can pace our time here. Barton Fawell Kelly LEGISLATIVE PROGRAM Mr. YATES. Mr. Speaker, I yield 2 Bass Foley Kildee minutes to the gentleman from Califor- Bateman Forbes Kim (Mr. OBEY asked and was given per- mission to address the House for 1 nia [Mr. FAZIO]. Bentsen Fowler King (NY) Mr. FAZIO of California. Mr. Speak- Bilbray Fox Kingston minute.) Bliley Franks (NJ) Kleczka Mr. OBEY. Mr. Speaker, I take this er, I would like to engage the chairman Blunt Frelinghuysen Klink in a colloquy. time so that I may ask the gentleman Boehlert Gallegly Knollenberg As the chairman knows, the Fish and Boehner Ganske Kolbe from Ohio [Mr. REGULA] a question Bonilla Gibbons Kucinich Wildlife Service proposed to divide its about the schedule. Pacific region into two regions begin- Bono Gilchrest LaHood Mr. Speaker, there are a number of Brady Gillmor Largent ning on October 1, 1997. A new region Members on this side of the aisle who Bryant Gilman Latham would be created located in Sac- Bunning Goode LaTourette are concerned about what the schedule ramento, CA. This transfer was in- Burr Goodlatte Lazio is for the remainder of the day. Is it Burton Goodling Leach tended to assist the large work load on Buyer Goss Lewis (CA) correct and can Members be assured the west coast that is putting a strain Calvert Graham Lewis (KY) that the only remaining business today on the regional office in Portland, OR. Camp Green Linder is the disposition of this conference re- Campbell Greenwood Livingston I understand that the committee is Canady Gutknecht LoBiondo port, and that we will not be going on concerned about the outyear costs of Cannon Hall (OH) Lucas to any other legislative matters? the program and that the bill directs Castle Hall (TX) Manzullo Mr. REGULA. Mr. Speaker, will the the Fish and Wildlife Service to con- Chabot Hamilton Mascara gentleman yield? Chambliss Hansen McCollum sider alternatives to establishing an Christensen Hastert McCrery Mr. OBEY. I yield to the gentleman additional regional office in Sac- Coble Hastings (WA) McDade from Ohio. ramento. However, the language in this Collins Hayworth McHale Mr. REGULA. Mr. Speaker, yes, I bill would not preclude establishing a Combest Hefley McHugh have been advised by the leadership Cook Herger McInnis regional office in Sacramento; is that Cooksey Hill McKeon that the last vote of the day will be the correct? Cox Hilleary Metcalf vote on the Interior conference report, Mr. REGULA. Mr. Speaker, will the Crane Hobson Mica and I also want to assure the Members, Crapo Hoekstra Miller (FL) gentleman yield? Cunningham Holden Minge because many of them have plane Mr. FAZIO of California. I yield to Danner Horn Moran (KS) schedules, that we are going to meet the gentleman from Ohio. Davis (VA) Hostettler Morella the 2 o’clock deadline. We will cut the Mr. REGULA. Yes, Mr. Speaker, that Deal Houghton Murtha speeches short, at least on our side, be- is correct, that such establishment re- DeLay Hulshof Myrick Diaz-Balart Hunter Nethercutt cause we have heard it all. So we want quires committee approval. The com- Dooley Hutchinson Neumann to make the deadline. mittee will continue to work with the H9530 CONGRESSIONAL RECORD — HOUSE October 24, 1997 Department of the Interior to identify stand the Forest Service has already propriations conference report and an acceptable solution to the problem. given notice of its intention to revise urge my colleagues to vote no on this Mr. FAZIO of California. Mr. Speak- the plans for some forests. bill. If Congress passes this bill and the er, the commitment of the administra- Am I right in understanding that in President signs it into law, the rami- tion to include funding for the regional those cases, the revisions can proceed? fications for protection and enjoyment office in its 1999 fiscal year budget, as Mr. REGULA. If the gentleman will of America’s natural resources will be Interior Secretary Babbitt has indi- continue to yield, Mr. Speaker, yes, if grave. cated he is going to do in a recent let- the Forest Service has given notice Appropriation measures don’t require ter to the chairman, will help address prior to October 1 the revisions can a rule, if in fact the committee stays the committee’s concern that the es- proceed. within its responsibility, but this tablishment of this office would be fa- Mr. SKAGGS. Sometimes there are measure, not for technical, but for sub- cilitated at the expense of other prior- court orders calling for planned revi- stantive political reasons, is misusing ities of the Fish and Wildlife Service in sions. What about those cases, I would the rule and abusing the process of this the annual Interior appropriations bill. ask the chairman? House to make bad public policy and Mr. REGULA. If the gentleman will Mr. REGULA. Again, those revisions wasteful expenditure. I have heard a continue to yield, Mr. Speaker, that is can go forward. lot of reasons why I should vote for correct. The committee is also con- Mr. SKAGGS. I also understand that this bill. There’s more money for the cerned that the budget submitted by plan amendments, as opposed to gen- parks and national wildlife refuges. the administration to the Congress for eral plan revisions, are not affected by There are sensible Indian health provi- fiscal year 1999 appropriately addresses this revision. I ask the gentleman, is sions. There’s importantly $98 million this problem in the context of service- that correct? for the NEA when the House measure wide priorities for the Fish and Wild- Mr. REGULA. Yes, that is correct. that passed, didn’t even permit a vote life Service. Mr. SKAGGS. Finally, would the upon this issue, but hid behind the lack Mr. FAZIO of California. I thank the chairman agree that the Forest Service of reauthorization. There’s just enough chairman for his assurances. can and should go ahead with nec- in this bill to satisfy everybody, but Mr. YATES. Mr. Speaker, I yield 3 essary environmental analysis and not too much to make folks too minutes to the gentleman from Colo- other work related to the planning angry—at least that’s what the sup- rado [Mr. SKAGGS] for a colloquy with process? Would the chairman agree porters of this flawed bill would have the chairman. with me that the Forest Service can you believe. Mr. SKAGGS. Mr. Speaker, I thank and should go ahead with necessary en- The popular programs funded by this the gentleman for yielding me the vironmental analysis and other work measure are being used to enact nu- time. related to the planning process to merous provisions that will cause Mr. Speaker, the conference report avoid more delays and backlogs, once havoc with our public lands and parks includes several provisions related to the process of plan revisions resumes? and cost the American taxpayer bil- management of the national forests. I Mr. REGULA. Yes. lions of dollars. I feel compelled to would like to engage the chairman in a Mr. SKAGGS. I thank the chairman note the flawed policy decisions that brief discussion about a couple of very much for his discussion of these have been forced on us in this con- those. matters. ference report. Most of these ridiculous One of those provisions, from the Mr. YATES. Mr. Speaker, I yield 1 proposals have never had a hearing in Senate bill, relates to national forest minute to the gentleman from Min- the House and Senate or been subjected lands in New Mexico and Arizona, nesota [Mr. VENTO]. to proper legislative procedures. In where the Forest Service is under court (Mr. VENTO asked and was given short, Mr. Speaker, these proposals order to adjust grazing levels. As I un- permission to revise and extend his re- were slipped into this bill without re- derstand it, the language says that the marks.) view, hearing, or debate. Perhaps after Forest Service cannot make those ad- Mr. VENTO. Mr. Speaker, I rise in explanation, Members will understand justments until they have issued an ad- opposition to this. It is tough to do. why these measures were shielded from justment schedule, or March 1 of next There is much in this bill that is very open debate and the light of day. year, whichever comes first. Is that the popular and issues we have all worked There is a provision in this law that gentleman’s understanding? very hard for. But nevertheless, in the basically guts the ban on logging ex- Mr. REGULA. Mr. Speaker, will the context of acting on measures that are ports from our national forests and gentleman yield? important, we should not be forced to State-owned lands in the West. This Mr. SKAGGS. I yield to the gen- accept spending and a spending policy popular law will now be unenforced. It tleman from Ohio. path that is inappropriate. This bill will instead depend on the voluntary Mr. REGULA. Yes, the gentleman is goes beyond just the responsibility of compliance of exporters. Voluntary correct. the Committee on Appropriations and compliance? We wouldn’t need a law Mr. SKAGGS. So as I understand it, writes fundamental law dealing with banning exports if we thought there this will not prevent the Forest Service many issues. was going to be voluntary compliance. from making these adjustments as We won a court case in Alaska of $1.6 So we can effectively kiss this timber— they were ordered to do, once the ad- billion. In this bill, the authorization that is apparently so important for justment schedule has been issued, or exists to send half of that back to the maintaining our domestic supply of March 1, at the latest? State of Alaska, maybe for good pur- paper products—goodbye. Mr. REGULA. That is correct, Mr. poses, maybe for bad purposes. I do not There is a provision that prevents Speaker. know what the consequence of that is the Forest Service from updating and Mr. SKAGGS. On another point, con- going to be. revising its forest management plans. cerns have been expressed about sec- The timber road credit, which put a This is required by the National Forest tion 332 of the conference report which limit of $25 million on this bill, takes Management Act. That sets a foolish deals with the process of revising na- the limit off, and in fact goes in the re- precedent, and essentially forces the tional forest plans. This also originated verse in terms of that particular issue. Forest Service to be unresponsive to in the other body, and I understand There are many, many additions in the needs of the lands they manage and that as it was approved there, it would this bill that do a lot of good, but it is the people that manage them. have directly affected several forests in not worth it. I think we could have There is a provision in this bill that Colorado as well as many forests in done better. These provisions were not prevents the reintroduction of grizzly other States. in the bill when it left the House. We bears into the Bitteroot ecosystem of While the conference report does in- should not be held up by the Senate Idaho and Montana. This hinders prop- clude a similar provision, the original and forced to accept these types of er application of the Endangered Spe- language has been revised, and I would antienvironmental provisions. cies Act and is based not on sound like to make sure I understand the ef- Mr. Speaker, I rise in strong opposi- science but on the fears of a vocal mi- fect of this part of the report. I under- tion to the fiscal year 1998 Interior ap- nority. It has absolutely no place in October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9531 this conference report, a sop to the why we should return this legislation has worked very hard and diligently in fears and the pseudo-science that domi- to conference. I should note that I do favor of research for diabetes funding, I nates this Congress the past years not, Mr. Speaker, believe this con- would just engage the chairman, and more concerned with anecdote than ference report is beyond repair. As I ask if the chairman would enter into facts. have said, there are provisions in this this colloquy regarding the establish- This bill ignores provisions passed by bill that I support and are good policy. ment of a coherent and unified policy the House earlier this year that placed I applaud Mr. REGULA and Mr. YATES and the expeditious distribution of limits on special subsidies for road con- for making progress in these areas. Federal money as appropriated by the struction by the timber industry to $25 But until we fix the LWCF provisions Balanced Budget Act of 1997 for special million for such credits. I was a sup- in this bill, until we fix the logging ex- diabetes programs for Indians, sub- porter of tighter limits than the House port provisions in this bill, until we re- section 4922. passed, but I thought we had begun to store limits on special subsidy pro- Mr. REGULA. Mr. Speaker, will the make some progress. I thought we may grams for the timber industry, I will gentleman yield? have sent a message to the timber in- oppose it. I urge my colleagues to do Mr. NETHERCUTT. I yield to the dustry that they were going to have the same. gentleman from Ohio. start paying their own way if they Mr. YATES. Mr. Speaker, I yield 30 Mr. REGULA. Mr. Speaker, I would wanted to despoil our Nation’s forests. seconds to the gentleman from Califor- be glad to discuss this important issue Apparently, I was wrong. The pur- nia [Mr. BROWN]. with a subcommittee member and co- chaser road credit program is now just Mr. BROWN of California. I thank chairman of the House Diabetes Cau- as it always was: bloated, inefficient, the gentleman for yielding me the cus. I understand that the gentleman and completely unnecessary, wasting time, Mr. Speaker. has developed this colloquy in con- tax dollars and despoiling our forests. Mr. Speaker, I want to thank the sultation with the Speaker of the This conference report sets a new low chairman and the ranking member for House. mark in establishing a precedent of ex- including language with regard to the Mr. NETHERCUTT. I have indeed, pending the Land and Water Conserva- Salton Sea, which is now beginning to Mr. Speaker, because of the Speaker’s tion Fund into the Road Maintenance move forward, and the step required great leadership on this issue relative and Political Payback Slush Fund. here for a plan of remediation will be to diabetes. This is indeed a sad day and con- of extreme benefit and will lead to a Mr. Speaker, I would ask the chair- sequence when we don’t have the funds much more definitive program being man of the subcommittee, is it his un- to fulfill the purposes of law, the pres- presented in future years for appropria- derstanding that in subsection 4922 of ervation, and conservation of lands. tions to really solve the problem. But the Balanced Budget Act of 1997, that Now we will see these scarce dollars ex- the first step I think is adequately the 5-year $150 million special diabetes taken care of here. I thank the chair- pended. Specifically, this bill now pro- programs for Indians grant be distrib- man for what he is doing. vides a $10 million payoff to Humboldt uted in a timely manner with a coher- Mr. YATES. Mr. Speaker, I yield 1 County, CA and a $12 million road minute to the gentlewoman from the ent, detailed policy formulated by maintenance fund for a highway in those within the Indian Health Service Virgin Islands [Ms. CHRISTIAN-GREEN]. Montana—paid for by the LWCF. The Ms. CHRISTIAN-GREEN. Mr. Speak- who have direct programmatic over- State of Montana also will receive a er, I thank the gentleman for yielding sight responsibility and expertise in di- $10-million gift in the form of Federal time to me. abetes care for Native Americans? mineral holdings which three tracts in Mr. Speaker, I rise in support of the Mr. REGULA. Yes. We feel those pro- the year 2000 may be valued at $500 mil- Interior appropriations conference re- fessionals from the IHS diabetes pro- lion—also paid for by the LWCF or paid port for fiscal year 1998. While it is not gram who deal on a daily basis with even more by the mineral assets of the perfect, it represents a fair compromise the clinical and public health imple- American people. Apparently, these on the many difficult environmental mentation of issues related to diabetes gifts serve to ease the blow of protect- issues that the subcommittee had to should have full authority, and all nec- ing the important Headwaters Forest wrestle with under this bill. essary resources given to them by na- and the proposed New World Mine site. I am especially pleased, Mr. Speaker, tional IHS officials to make decisions In fact the preservation of such land is that the conferees were able to reach and administer these grants, after a benefit, not a negative to the two agreement on the funding level for land timely consultation with tribal lead- States and areas. That sets a horrible acquisition in our national parks. The ers, which shall be completed by No- precedent, Mr. Speaker. Allowing nearly $400 million that will be avail- vember 30, 1997. LWCF money to be used for nonland able for this purpose will greatly en- Mr. NETHERCUTT. Mr. Speaker, fur- acquisition purposes is not something hance the possibility that funding will ther, I ask the chairman, is it the com- that I have ever, can ever, or will ever be made available for the purchase of mittee’s intent that the extensive epi- support. On these grounds alone, the two important parcels in Salt River demiologic data related to prevalence, President should veto this bill if Con- National Park and the Virgin Islands complications, care process, and out- gress makes the mistake and passes it. National Park, in my district. comes currently collected and coordi- The measure directs $800 million into I also want to thank the chairman nated on an earlier basis by the Indian a fund—improper legislation on this and ranking member of the sub- Health Service diabetes program shall appropriation measure—for capital im- committee, the gentleman from Ohio be used as the primary basis for the provements in our national parks and [Mr. REGULA] and the gentleman from distribution of these funds? for research on Alaska fisheries— Illinois [Mr. YATES], for their willing- Mr. REGULA. Mr. Speaker, the gen- maybe positive purposes—but again no ness to include in the bill two other tleman is correct. hearings and only in one State—$160 provisions that are very important to Mr. NETHERCUTT. Furthermore, is million in research. The source of the the economic recovery of the Virgin Is- it the intent of the committee that the funds is the $1.6 billion awarded the lands. This is a good compromise con- IHS diabetes program fully consider U.S. Federal Government in court over ference report, Mr. Speaker, and I urge that 25 percent of the grant should be submerged lands and a disagreement my colleagues to vote in favor of it. used for primary diabetes prevention with the State of Alaska. So the con- Mr. REGULA. Mr. Speaker, I yield 3 and 75 percent of the grant should be sequence is the U.S. taxpayer won, but minutes to the gentleman from Wash- utilized for secondary and tertiary dia- now we convey significant amounts ington [Mr. NETHERCUTT], a member of betes prevention? which enure principally to the benefit the subcommittee, a very valued mem- Mr. REGULA. The gentleman is cor- of Alaska. ber, I might add, for a colloquy. rect. There are many more flaws in this Mr. NETHERCUTT. Mr. Speaker, I Mr. NETHERCUTT. I thank the gen- bill—the moratoria on road rights of am pleased to enter into this colloquy tleman very much for clarifying the way in law isn’t repaired—but I think with the chairman. committee’s intent on how this money the ones I have summarized here give On my own behalf, but also, obvi- should be utilized. I urge strongly that the Members of this House an idea of ously, of the Speaker of the House, who this conference report be H9532 CONGRESSIONAL RECORD — HOUSE October 24, 1997 approved. I thank the chairman for his frankly, that the mine would have gone log export provision contained in the leadership, and that of the Speaker of ahead. Interior appropriations agreement. the House, as well. But the gentleman from Montana has Mr. Speaker, it is my understanding Mr. YATES. Mr. Speaker, I yield 30 done an excellent job protecting Mon- that there is nothing in the language of seconds to the gentleman from Mis- tana and providing jobs in his district. the log export provision which would sissippi [Mr. TAYLOR]. May I suggest, Mr. Speaker, we have allow the holder of a sourcing area to Mr. TAYLOR of Mississippi. Mr. heard some rumblings that the extrem- export private timber from within Speaker, I would like to address a ques- ist fringes of the President’s advisers their sourcing area. Is that the gentle- tion to the subcommittee chairman. may recommend vetoing this bill. If man’s understanding as well? How much money is included in this that occurs, I think we should send the Mr. REGULA. Mr. Speaker, if the bill for the National Endowment for President a clean bill, I mean strip ev- gentleman would continue to yield, the Arts? erything out of it, send him down a bill yes, that is my understanding of the Mr. REGULA. Mr. Speaker, will the with none of the so-called extras, in- language. gentleman yield? cluding the money he wanted for the Mr. DICKS. Mr. Speaker, again re- Mr. TAYLOR of Mississippi. I yield project I just spoke of. claiming my time, would the chairman to the gentleman from Ohio. So I will suggest, Mr. Speaker, that be willing to work with me and those Mr. REGULA. $98 million. this conference report is a good con- who supported this provision to mon- Mr. YATES. Mr. Speaker, I yield my- ference report; tremendously hard to itor implementation with the Forest self 1 minute. do, a tremendous effort put forth by Service to ensure that concerns such as Mr. Speaker, I want to commend the gentleman from Illinois, [Mr. this are addressed? Chairman REGULA for the job he has YATES], and the gentleman from Ohio, Mr. REGULA. Mr. Speaker, if the done on this bill. It was a very difficult [Mr. REGULA]. I want to compliment gentleman would continue to yield, I bill. In all the years I have been deal- them in their work, but especially will be pleased to work with the gen- ing with Interior bills in this Congress, these, the gentleman from California, tleman from Washington to monitor I have never participated in one that [Mr. RIGGS], and the gentleman from the provision’s implementation. had as many controversies as this had. Montana, [Mr. RICK HILL]. Mr. DICKS. Mr. Speaker, reclaiming I think it is a testimonial to the exper- Mr. YATES. Mr. Speaker, I yield 2 my time, I would like to say that I tise, the effectiveness, and the popu- minutes to the gentleman from Wash- strongly support the conference report larity of Chairman REGULA that we ington [Mr. DICKS] for a colloquy with and urge my colleagues to adopt it. have this bill and this conference re- the chairman. Mr. YATES. Mr. Speaker, I yield 1 port here today. minute to the gentleman from Oregon b 1330 I find this bill acceptable, Mr. Speak- [Mr. DEFAZIO]. er. I would have preferred if it had Mr. DICKS. Mr. Speaker, I under- Mr. DEFAZIO. Mr. Speaker, I believe other environmental provisions in it stand that part of the bill provides au- there are a number of very significant than the ones it has, but we succeeded thority for the acquisition of the Head- provisions in this bill, riders added to in toning down many of the environ- waters Forest in California. One of the this bill that have had no review by the mental positions from their original key provisions related to the acquisi- House, added by the Senate, that are writing. tion makes further land acquisitions very much to the detriment of the en- The bill does give life to the National that enlarge the Headwaters Forest by vironment. I spoke about them at Endowment for the Arts and Human- more than 5 acres at a time subject to length during the rule. Nothing has ities, and that is a very, very good specific authorization by Congress. I changed here before us. I would urge thing. I shall vote for this bill, and I would ask the gentleman, is that cor- Members to vote against this bill. urge its passage. rect? Mr. Speaker, the gentleman from Mr. REGULA. Mr. Speaker, I yield 2 Mr. REGULA. Mr. Speaker, will the Washington [Mr. DICKS] is trying to minutes to the gentleman from Alaska, gentleman yield? clarify some very complicated provi- [Mr. YOUNG], chairman of the House Mr. DICKS. I yield to the gentleman sions added into the bill by the Senate authorizing committee. from Ohio. having to do with the export of logs. I Mr. YOUNG of Alaska. Mr. Speaker, I Mr. REGULA. Mr. Speaker, yes, the still have the opinion of the IG from thank the gentleman for yielding me gentleman is correct. the Department of Agriculture who the time. Mr. DICKS. Mr. Speaker, reclaiming says, no, in fact this would allow the Mr. Speaker, this bill has been a tor- my time, would this provision affect virtual explicit export of Federal logs. ture to get to the floor, primarily be- land acquisitions by the Federal Gov- The gentleman says he is trying to fix cause of two issues that came under ernment through donation, exchanges, that. I appreciate that. my jurisdiction, the Headwaters Forest or legal settlement or is it limited to Mr. Speaker, that points out the acquisition of $250 million, and the New land that is acquired through purchase whole problem with doing legislation World Mine acquisition of $65 million. with appropriated funds? on appropriations bills. It is an ex- I agreed to this position of the Head- Mr. REGULA. Mr. Speaker, if the traordinarily complicated subject. It waters authorization in this bill be- gentleman would continue to yield, the has not been reviewed by the commit- cause of the gentleman from Califor- provision requiring an authorization is tee of jurisdiction in either the House nia, [Mr. FRANK RIGGS]. The gentleman limited to acquisitions of the Federal or the Senate. It has been added to this from California, [Mr. RIGGS], did an Government that are purchased bill without any scrutiny. outstanding job conveying the fact through appropriated funds. It would The gentleman is now trying to say that there has been a war in the Head- not restrict the acquisition of lands or that it does not do what this attorney waters area for about 10 years, and it is interest in lands exceeding 5 acres that who works for the agency charged to time to solve this problem. So I consid- are received through donation, ex- enforce the law says it does do. I do not ered this a very good point to solve the change, or settlements with the Fed- really know. Who knows? problem of the Headwaters, and re- eral Government. So, Mr. Speaker, we should reject member, the President asked for this. For example, this provision would this bill. If we need changes in substi- We have given it to him, as we should. not restrict the Federal Government tution, we should do it in the regular The big reason I worked on the New from enlarging ownership of the Head- order, not in an appropriations bill. World Mine is because of the gen- waters Forest as a result of settlement Mr. YATES. Mr. Speaker, I yield 30 tleman from Montana, [Mr. RICK HILL], involving the Federal Deposit Insur- seconds to the gentleman from Wash- who is a member of my committee. The ance Corporation or the Office of Thrift ington [Mr. DICKS]. gentleman from Montana, [Mr. HILL], Supervision. Mr. DICKS. Mr. Speaker, first of all, argued for months that Montana was Mr. DICKS. Mr. Speaker, again re- as I understand it, the memo that the going to lose 300 rural jobs and lose claiming my time, I would like to have gentleman from Oregon is reading from revenues because of the buyout the ad- a colloquy with the gentleman from is a draft provision that has not been ministration agreed to. I believe, very Ohio [Mr. REGULA] on title VI of the cleared by the Department. We will get October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9533 this straightened out. I guarantee that serves special note, Senior Counsel already has a strong presence along Califor- what we have just said will cure the Duane Gibson, who worked so hard on nia's north coast. My district includes all or problem because there was not a prob- this agreement. part of four national parks and forests, includ- lem in the first place. Mr. Speaker, many in Congress had ing the largest and most expensive to acquire Mr. REGULA. Mr. Speaker, I want to serious reservations about whether this national park in the continental United States, assure Members that are watching this acquisition which was contemplated by Redwood National Park. that we are going to stay on schedule the bipartisan agreement to balance This presence has had a heavy impact on and we are going to be done with this the budget should go forward. For my the area, and not wholly in a positive way. It before 2 p.m. part, the Government already has a has impacted us in the form of greater regula- Mr. Speaker, I yield 1 minute to the very strong presence in my congres- tion, lost tax revenues, closed mills, and lost gentleman from Montana [Mr. HILL]. sional district along California’s north living wage jobs that have not been replaced Mr. HILL. Mr. Speaker, there may be coast. My district includes all or part despite government promises. some malignment in the debate here of four national parks or forests, in- On the part of many of my colleagues, there with regard to a road, a road called the cluding the largest and most expensive was a feeling that the Federal Government Bear Tooth Highway that someone sug- national park, the most expensive to has already acquired too much land. At a min- gested existed in Montana. I want to acquire national park in the continen- imum, they wanted to assure that the large ex- point out to my colleagues this is not tal United States, the Redwood Na- penditure for Headwaters was justified, and a Montana road. It is actually within tional Park. that the executive branch was not rushing for- the borders of Wyoming, but it is a This bill provides certainty, though, ward without a plan for management of the U.S. Government road and constructed that this acquisition will happen in the property to be acquired. for the purpose of creating access to right way. The Federal Government For these reasons, I consistently empha- Yellowstone Park. Only the Federal gets access to the funds needed to up- sized to all of the parties the need to involve Government has jurisdiction and re- hold its part of the bargain. Pacific Congress in the acquisition. Not only would sponsibility over this road. Lumber Company and the State of this further legitimize such a large expenditure Mr. Speaker, the President’s initia- California gets certainty that the of public funds, but it would also permit Con- tive to purchase the New World Mine is Headwaters agreement can go forward gress to correct some items the administration going to eliminate 466 jobs in a small and will happen and Humboldt County had failed to address. community called Cooke City, MT. gets an upfront payment plus continu- This would also give us an opportunity to This road simply provides tourists ac- ing compensation in the form of a pay- address the economic impact of the acquisi- cess to Cooke City, MT. With the with- ment in lieu of taxes to mitigate the tion on the people of Humboldt County. drawal of these minerals and with- economic impacts of Headwaters. This Nonetheless, the administration wanted to drawal of these roads, it is a commu- is not to compensate for lost timber give the Congress no say in the Headwaters nity that is isolated and dependent on business, but to compensate for the transaction. They said that Congress should tourism for its economy in the future. loss of property tax revenues by trans- just provide the money from the Land and I urge my colleagues to support the ferring this land from private owner- Water Conservation Fund. Yet they could not bill. ship to public ownership and removing answer such basic questions as which agency Mr. REGULA. Mr. Speaker, I yield it from the tax rolls. would manage the property, what arrange- 21⁄2 minutes to the gentleman from Mr. Speaker, I want to thank all in- ments would be made for public access, or California [Mr. RIGGS]. volved for helping this legislation be- how they knew the Government was getting Mr. RIGGS. Mr. Speaker, I promise come a reality and helping to resolve a fair value it money. Interior Secretary Babbitt my colleagues I will be brief. I hear the long-simmering dispute in my congres- even went to so far to say in a July 18, 1997, calls of ‘‘vote.’’ sional district. press release that he did ``not believe that re- Mr. Speaker, this legislation has a Mr. Speaker, I rise in strong support of the quirements for additional authorization are tremendous impact on my district, as conference report. I commend the chairman of necessary or helpful.'' has been pointed out by certain of my the subcommittee, Mr. REGULA, for the atten- This could not stand. And it did not stand, colleagues earlier today. Last Septem- tion he has given an issue of great importance Mr. Speaker, thanks to your personal interven- ber, Pacific Lumber Co., which is the to my constituents, going so far as to visit my tion and the insistence of the authorizing com- largest private employer in the largest district to learn the facts first-hand for himself. mittees. Mr. Speaker, you assured that action county of my congressional district, I also thank the chairman of the full commit- would not be taken in this bill affecting the agreed to sell the so-called Headwaters tee, Mr. LIVINGSTON and his capable staff for people I represent without my involvement on Forest, this last old growth stand of their efforts to reach an agreement that takes their behalf. redwood trees, to the Federal Govern- into account often-conflicting interests. Months ago, you promised me that you ment and the State of California. In my view, the most significant element of would look out for the interests of my constitu- Mr. Speaker, I endorsed the agree- this conference report is title 5, which both au- ents. You kept that promise by giving me a di- ment along with our Senator from thorizes and funds a number of priority land rect role in negotiating the Headwaters legisla- California, Senator FEINSTEIN, who acquisitions. Foremost among these is the ac- tion, and by personally interceding when it ap- worked hard to bring all of the parties quisition of Headwaters Forest, in my congres- peared that negotiations were not on track. to this agreement together. A number sional district. Headwaters Forest, the largest For your leadership, I thank you. of conditions that are set out in this stand of old-growth redwoods remaining in pri- I also thank the chairman of the House Re- bill must be met before the Headwaters vate hands, is owned by Pacific Lumber Co., sources Committee, the gentleman from Alas- agreement will be finalized. the largest private employer in Humboldt ka, Mr. DON YOUNG. He brought to the table The bill before us today helps the County, CA. his extensive knowledge and experience. Be- achievement of one of those conditions Last September, Pacific Lumber agreed to cause he also represents an area of our coun- by authorizing and appropriating the sell Headwaters Forest to the Federal Govern- try whose economy is heavily resource based, Federal funds necessary to consum- ment and State of California. I endorsed this he understands how the Headwaters acquisi- mate the transaction, $250 million in agreement, along with our State's senior Sen- tion impacts Humboldt County. Federal taxpayer funding through the ator, Senator FEINSTEIN, who worked hard to Perhaps his greatest contribution, however, Land and Water Conservation Fund. bring the parties together. was allowing members of his senior committee Mr. Speaker, getting to this very A number of conditions must be met before staff to devote a substantial amount of time to point today, as the gentleman from the Headwaters agreement can be finalized. the negotiations, including Chief of Staff Lloyd Ohio [Mr. REGULA] will attest, was not The bill before us today helps the achieve- Jones and Counsel Duane Gibson. easy. I thank the gentleman and his ment of one of those conditions by authorizing Duane merits special recognition. Not only very capable staff, and I want to thank and appropriating the Federal funds necessary did he travel twice of Humboldt County in re- Chairman LIVINGSTON and Jim Dyer for to consummate the transactionÐ$250 million. cent months, but he was lead negotiator for their work on this, and especially the Getting to this point was not easy. the committee. On both the Headwaters and members of the authorizing commit- Many of us in Congress had strong reserva- Crown Butte, MT, transactions, he fashioned a tee, Chairman YOUNG, Chief of Staff tions about whether this acquisition should go legislative solution that serves well the inter- Lloyd Jones, and somebody who de- forward. For my part, the Federal Government ests of all of the parties. H9534 CONGRESSIONAL RECORD — HOUSE October 24, 1997 I would be remiss if I did not also thank all who are not satisfied that we are only protect- pass, and then all of the sudden there of the executive branch personnel who partici- ing 7,500 acres of timber. But I do not believe are an awful lot of instant fathers for pated in these difficult negotiations. I want to that this action of a few extremists who favor the project. particularly acknowledge T.J. Glauthier of the a 60,000-acre preserve reflects the views of Mr. Speaker, I would simply like to Office of Management and Budget, who dem- most people. A calm appraisal of this legisla- say that for the sake of historical accu- onstrated both firmness and compromise tion will reveal its balance. racy, the RECORD ought to show that when appropriate, and who continually was This is a Headwaters solution that all fair- with respect to the creation of the able to disagree without being disagreeable. minded people can support. I urge my col- Headwaters project in this bill today I believe, Mr. Speaker, that our persistence leagues to vote in favor of the conference re- that without question the driving force has led to a win-win result. This is a balanced port. in the Congress behind that project package that protects living wage jobs, re- Mr. YATES. Mr. Speaker, I yield 30 was, first of all, the distinguished gen- spects the rights of private property owners, seconds to the gentleman from Mis- tleman from California [Mr. MILLER], and preserves key environmental assets. sissippi [Mr. TAYLOR]. the ranking Democrat on the Commit- The bill provides certainty that this acquisi- Mr. TAYLOR of Mississippi. Mr. tee on Resources, and Senator FEIN- tion can happen the right way. The Federal Speaker, I rise in opposition to this STEIN, who worked extremely hard to Government gets access to the funds needed bill. Earlier this year a majority of the get that project developed. to uphold its part of the bargain; Pacific Lum- Members of this body, in a recorded With respect to the comments of the ber Co. and the State of California get cer- vote, voted to eliminate funding for the gentleman from Mississippi, I would tainty that the Headwaters agreement can go National Endowment for the Arts. We simply say if this Congress simply forward; Congress gets a role in how $250 knew what the vote was on. A majority stopped funding idiotic projects like million in taxpayer funds are spent; and Hum- of us said, ‘‘No more money. You have the B–2 bomber or the F–22, we would boldt County gets an up-front payment, plus misused what you had, and it simply not only have enough money to put continuing compensation, to mitigate its law does not make sense to tell our 13,000 every soldier off food stamps, we would enforcement expenses and other economic soldiers, sailors, airmen, and marines have enough money to put them all in impacts of the Headwater agreement. who are on food stamps that we do not alligator boots. I will not detail all of the provisions of the have enough money for them to get Headwaters legislation, but I do want to high- them off of food stamps, but we have Mr. REGULA. Mr. Speaker, I yield light a few. money for the National Endowment for myself the balance of my time. Securing financial guarantees for Humboldt the Arts; to tell those military retirees Mr. Speaker, I want to commend my County was my highest priority in these nego- who are not getting the health care staff and especially Barbara Wainman. tiations. Going forward without an aid package that they were promised that we do not Barbara has been with me 17 years was not an option; economic mitigation had to have enough money for them, but we working with Interior matters, and she be on the table or there would be no settle- have $100 million for the National En- will be leaving us. This is her last time ment. dowment for the Arts.’’ on this, and we very much appreciate The $10 million to Humboldt County in- We spoke on this subject. I want to what she has done. cluded in this bill is unprecedented. Together remind my colleagues that it has made with annual payments in lieu of taxes from the This truly is a ‘‘Take Pride in Amer- its way back into this bill and if they Federal Government and increased revenue ica’’ bill, as I mentioned this morning. were serious about the vote earlier in from timber harvesting on Pacific Lumber It does a lot of very positive things for the year, then vote against this bill lands, the county should be made more than the environment, for the culture of this today. whole. Nation, for the enjoyment of our parks Another important provision is the limitation Mr. YATES. Mr. Speaker, I yield my- and our forests, and just a lot of posi- 1 on growth of Headwaters Forest. Except for self 1 ⁄2 minutes. tive things. Mr. Speaker, I should tell the gen- parcels of 5 acres or less, no Federal money Mr. Speaker, three points: It is $400 tleman from Mississippi [Mr. TAYLOR] can be used to purchase additional land to ex- million less than last year, if we take that the House of Representatives lost pand Headwater Forest without express con- out the 700 special amount, so we are the vote by one vote when the oppor- gressional authorization. managing very carefully yet we are tunity was being presented to offer an I am an ardent believer in private property getting a lot accomplished. Second, my amendment on the National Endow- rights. That is why I fought hard to assure that colleagues heard the colloquies on the ment for the Arts in changing a rule. upon completion of the multispecies habitat forest issue, and I think it is clear that Second, Mr. Speaker, on my motion conservation plan [HCP] covering Pacific Lum- there is latitude in the forest planning to instruct the House conferees when ber Co. property, the lands of abutting smaller that will meet the needs. property owners will be removed from the criti- they went to conference to accept the Third, on the arts issue, we have con- cal habitat designation for the marbled provisions of the Senate bill which pro- strained the NEA as much as possible murrelet. vided funding for the National Endow- Of course, Pacific Lumber Co. and Head- ment for the Arts and for the Human- in light of the Senate action, and I waters do not exist in a vacuum in Humboldt ities, the House voted without an ob- think all in all the Members should County. That is why I was able to get included jection to do that. support this bill. It is something I be- in this legislation two other notable provisions. So the gentleman’s statement that lieve we can point to with pride. When In view of the unique circumstances faced by the attitude of the House is opposed to Members come over to vote, if they are others engaged in harvesting timber, this bill the National Endowment is entirely in- interested, we have all the sheets about establishes that the Pacific Lumber HCP is not correct. what is contained in the bill. to be considered precedent. Mr. Speaker, I yield 11⁄2 minutes to I want to take this opportunity to clarify that To help both Federal and State officials in the gentleman from Wisconsin [Mr. the funding provided to the U.S. Fish and California, a provision is included that allows OBEY]. Wildlife Service for habitat conservation plan- greater flexibility in cooperative management Mr. OBEY. Mr. Speaker, I have been ning for the Prebles Meadow Jumping Mouse of government lands. This effectively enacts around here a long time and I have applies to four counties in Colorado. These H.R. 262, which I had earlier introduced at the often seen a lot of peculiar things hap- mice range over four counties in Colorado and urging of Redwood National Park, but which pen. Many of us have seen on many oc- two counties in Wyoming. However, they are will be beneficial to many of our National and casions individual Members of this on private land in Colorado and on Federal State parks. House drag their feet or oppose a land in Wyoming. The Habitat Conservation Mr. Speaker, last week my congressional of- project or do very little to promote the Plan only applies to the private lands in Colo- fice in Eureka was vandalized by individuals project until that project is going to rado. October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9535 H9536 CONGRESSIONAL RECORD — HOUSE October 24, 1997 October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9537 H9538 CONGRESSIONAL RECORD — HOUSE October 24, 1997 October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9539 Mr. REGULA. Mr. Speaker, I yield deeply concerned about the impact of some of ference report language regarding Marty In- back the balance of my time. these provisions on our Nation's public lands. dian School, in Marty, SD. The report lan- Mr. CRANE. Mr. Speaker, I rise in strong This is a difficult decision for me, because guage promises to be helpful to the Indian opposition to the conference report to H.R. I am impressed with the work of the con- School where conditions are a threat to the 2107. ferees. They have agreed to some pretty wise health and safety of the young students there. While I may have disagreements with other investments that are important to me and my I can attest to the serious problems, having portions of the bill, I would like to focus my re- constituents. For example, I was pleased to been there myself. The language calls on the marks on the funding provided for the National see that the conferees agreed to fund the Na- Bureau of Indian Affairs to consider ``high pri- Endowment for the Arts [NEA]. Again, let me tional Endowment of the Arts at $98 million, ority requirements'' at the Marty Elementary state that my primary objection to the NEA is especially after the bitter disappointment arts School through the Facilities Improvement and that the agency is constitutionally indefensible. advocates suffered during House consider- Repair Program. It is my hope that something Of course, I object, too, to the cavailier atti- ation of this appropriation. An investment in can be done in the fiscal year 1998 or 1999 tude exhibited by the bureaucrats at the NEA the arts is an investment in our Nation's cul- budget. in the funding of lewd, sacrilegious, and por- ture and the livability of our communities. As After years of negotiations with the BIA, the nographic art over the years. But regardless of a strong advocate of the public/private partner- Marty School obtained funds to replace half of the type of art funded by the NEA, the agency ship that characterizes arts funding, it is en- the school. The leadership at the school and is unnecessary and a waste of taxpayer dol- couraging to see that the conferees have not of the Yankton Sioux Tribe decided to use the lars. abdicated their responsibility to our Nation's funds to replace the high school because of Rather than reiterate my well known objec- cultural heritage. the tremendous dropout rate of Indian high tions to the NEA, I want to address the fund- In addition, the conferees included funding school students who attend the public high ing and the reforms for the NEA in this con- for land acquisition in the Columbia River schools in the area. The dropout rate has tra- ference report. First, the funding for the NEA Gorge National Scenic Area. The Columbia ditionally been less at Marty Indian High is hardly a compromise with the other body. River Gorge is a national treasureÐrich in the School. When the House passed H.R. 2107, it con- historical, cultural, and resource legacy of the However, the young elementary school stu- tained no funding for the NEA. When the other Nation. Among the countless waterfalls that dents face attending a facility which is scat- body considered the bill, they inserted $100 spill from high hanging valleys is Multnomah tered among several deteriorating buildings, million for the fiscal year 1998 operations of Falls, one of the tallest in the United States some of which are 70 years old. A few years the agency. The bill then went to conference. and the single most visited attraction in the back, the BIA determined that it was not eco- A conference committee is designed to arrive entire National Forest System. nomically feasible simply to repair the school at a compromise between the differences of I remain grateful to conferees for providing and that the entire school needed to be re- the two Houses. Yet, this conference report funds to continue our Nation's commitment to placed. However, a grant awarded Marty was exhibits no signs of compromise on the NEA. preserving the gorge. The funds provided in enough to do half of the job. A logical compromise may have been a $50 the conference report will allow for the pur- The conference report in my opinion gives million funding level for the agency, but in- chase of lands critical to the ongoing protec- clear direction to the BIA to address imme- stead, the bill provides $98 millionÐa mere tion of this geologic, historical, and botanical diately this serious problem. The tribe's envi- $1.5 million cut from last year's appropriation. wonder. ronmental specialists have estimated that it Now, my colleagues that served on the con- However, in spite of all that is good about will cost up to $1 million to renovate all ele- ference committee are claiming that the real this conference report, I will be opposing this ments of the heating system alone. No public compromise was with regard to the so-called legislation. There are simply too many envi- school system should allow its students to be NEA reforms. While some of these may mod- ronmental riders that I cannot support, includ- educated in such a facility. estly improve the performance of the agency, ing: Language that effectively guts the 1990 It has been my pleasure to work with the history has demonstrated that merely reform- law banning log exports from our National For- chair of the Yankton Sioux Tribal Council, ing the NEA has produced insignificant results. ests and State-owned lands in the West; Steve Cournoyer; the vice-chair of the tribal The arts in America will be better off only delays in funding Land and Water Conserva- council and former school board president, when Washington bureaucrats no longer de- tion Fund purchases of the Headwaters and Bob Cournoyer; the president of the school termine what good and proper art deserves New World Mine; the use of $32 million in board, Mike Red Lightning, and his colleagues the support of involuntarily raised tax dollars. LWCF funds for payoff to Humboldt County, on the school board. I admire their wilingness This NEA appropriation amounts to less CA and for a road maintenance fund in Mon- to make every effort to have a suitable school than 1 percent of the annual private sector tana; language that eliminates any limits on for the students at the Marty School and their contributions to the arts and humanities in the Forest Service's use of purchaser road recognition that the future of the Yankton America, which is more than $10 billion. Clear- credit. Congress needs to develop a com- Sioux Tribe is embodied in their children. I ly artists in America rely on privately raised prehensive policy on the construction, recon- look forward to continuing to work with these money rather than NEA grants to survive. Yet, struction, maintenance and decommissioning good leaders and the BIA. Again, I thank the with one of the reforms in this bill, the NEA of forest roads. These ongoing attempts to Committee and its leadership for what it has will be allowed to begin to compete with pri- legislate forest policy on the Interior appropria- done to help Marty. vate arts foundations for private contributions. tion bill simply exacerbate efforts to develop a Mr. ADAM SMITH of Washington. Mr. If Congress is allowing the NEA to solicit pri- policy that makes sense. Speaker, I rise to reluctantly oppose H.R. vate contributions, why does the agency need Mr. Speaker, I support much of this report, 2107, the Interior appropriations conference these extravagant taxpayer subsidies? and applaud the work of the conferees in mak- report. Mr. Speaker, I would suggest to my col- ing critical investments in the arts and the There are many programs in this appropria- leagues that our constituents will never believe preservation of our natural resources. I cannot tions conference report that I strongly support. that Washington will balance the budget un- in good conscience, however, vote for a bill I applaud the conferees on their decision to less Congress musters the fortitude to elimi- that I believe will, in the end, cause more restore funding for the National Endowment nate unnecessary and wasteful Government harm than good to our public lands. I urge the for the Arts. I thank President Clinton for his agencies. While the NEA appropriation is a conferees to reassess the environmental rid- leadership in restoring funds for the land and relatively small percentage of the entire Fed- ers and present to the House a conference re- water conservation fund. I also commend my eral budget, it is a huge symbol of both Wash- port we can all support. colleague Senator SLADE GORTON for dropping ington's insatiable appetite for the money of Mr. THUNE. Mr. Speaker, I wish to com- his opposition to removal of two dams on the American taxpayers, as well as the attitude mend the leadership of the committee and Elwha River and allowing the dams to be eligi- that Washington knows better than our con- subcommittee and the conferees for the hard ble for acquisition and future removal. stituents what is best for them. work they have done to bring the conference However, I am voting against the legislation I urge my colleagues to reject this con- report to H.R. 2107, the Department of Interior because of an issue that has been very con- ference report. and Related Agencies Appropriations Act of troversial amongst my constituents throughout Mr. BLUMENAUER. Mr. Speaker, this con- 1997, to the House floor. I especially want to the Interior appropriations process. ference report is really a mixed bag. There are express my gratitude to the subcommittee Earlier this year the House approved an many provisions I strongly support. There are chair, Mr. REGULA, and the ranking minority amendment to the Interior appropriations bill others I just as strongly oppose. On balance, member, Mr. YATES, for their willingness to which would have reduced the appropriation I believe I must oppose this bill because I am work with the conferees to include in the con- for the roads budget of the Forest Service and H9540 CONGRESSIONAL RECORD — HOUSE October 24, 1997 would have placed a cap on the use of the World Mine can take place, protecting fragile a number of years. Not only are these deterio- Purchaser Road Credit Program. Offered as a ecosystems from environmental harm. The re- rating structures blights on the natural beauty compromise, the Dicks amendment was a bal- maining funds can be used by the Forest of the lakeshore, but they are also health and anced alternative to an enormously controver- Service, the National Park Service, the BLM, safety hazards for the visiting public and local sial policy of the Forest Service. and the Fish and Wildlife Service for additional citizens. The National Park Service Report on The Purchaser Road Credit Program may land acquisitions in environmentally sensitive ``Residential Occupancy Under Special use have been an effective tool for some small areas. Permits'' dated June 21, 1996, raises serious timber companies in the past, but I feel that it I am pleased with the changes in the bill re- concerns about the Park Service's ability to re- has outlived its usefulness and should be moving provisions allowing Alaska Native cor- move the structures on park property. The re- phased out. Timber companies should take porations to file claims to 30,000 acres of port states, ``Without sufficient funding the lag more financial responsibility up front when coastal lands within the Lake Clark National time between abandonment of a structure and roads are needed for a timber harvest on pub- Park. Any division of the park, particularly of its ultimate disposition will increase. This will lic lands, as they do currently on private lands. the coast line, would destroy the integrity of create safety, and other problems, for the Unfortunately, the Interior appropriations the park as a complete ecosystem and pro- park.'' conferees refused to accept this compromise hibit essential public access to the park. Who will be served by evicting these fami- language, instead opting to raise the cap on The additional $136 million in the bill for the lies from their homes, leaving deteriorating the Purchaser Road Credit Program. I am dis- Everglades will help provide needed restora- structures that will become eyesores and appointed because the House approved the tion of flora and fauna within the Everglades health and safety hazards? No one. These Dicks amendment, the Senate came within system; $384 million for maintenance of our families take great price in maintaining the in- one vote of approving a very similar amend- National Parks; and an additional $41 million tegrity and beauty of Sleeping Bear Dunes. It ment, and President Clinton has indicated his for operating the National Wildlife Refuges will makes no sense to continue evicting families, willingness to begin phasing out the Purchaser be used for operational and maintenance adding to the number of deteriorating struc- Road Credit Program. backlogs on refuges and parklands. This addi- tures that are blights on this pristine National Again, I regret that I cannot support this bill tional funding is sorely needed and will help to Lakeshore, when the Park Service has yet to because there are many good things in it. improve our refuge and park systems, making take care of the currently abandoned and de- However, my concern that we are not taking them more accessible for all Americans. caying structures. It is my hope that the Park As Chairman REGULA has mentioned, there the first step to reform the outdated Purchaser Service is willing to address this situation be- is a large increase in energy conservation pro- Road Credit program has forced me to vote fore evicting more families and adding to a grams under the bill, including State energy ``no'' on this bill. growing problem. programs and weatherization assistance pro- Mr. MORAN of Virginia. Mr. Speaker, I rise In addition, the Park Service has indicated today in support of the Interior appropriations grams, which help low-income families insu- late their homes to make them more energy that they may use funds raised through the conference report, H.R. 2107, and to express Recreation Fee Demonstration Program to re- my appreciation for the hard work of my chair- efficient. Finally, I am particularly pleased that the store the properties of leases that expire dur- man RALPH REGULA, the distinguished ranking conference committee agreed to restore fund- ing fiscal year 1998. I believe that this would member, SIDNEY YATES, and my other col- ing to the NEA. Our country needs the NEA to be a misuse of the revenue generated by this leagues on the subcommittee. I also want to bring the arts to underserved, underprivileged program and violate the intent of the Con- recognize the staff of the subcommittee, in- communities across this country. We have no gress. In 1996, the Congress authorized the cluding Debbie Weatherley, Barbara better tool to help leverage private dollars with National Park Service to collect entrance fees Waneman, Loretta Beaumont, Chris Topik, Federal dollars to generate quality arts pro- to deal with a growing backlog of maintenance Joel Kaplan, and Angie Perry. I have thor- gramming. The NEA is a success story and problems due to funding shortfalls. I believe oughly enjoyed working on the committee and we need to put politics aside and recognize that using the revenues created by this pro- agree with Chairman REGULA that this is one how much it does for citizens across the coun- gram to restore the properties of leases that of the most important communities in the try. I hope that in the next Congress we can will expire during fiscal year 1998, and thereby House. provide a much needed increase to NEA fund- ignoring the existing backlog of residential I know that some of my colleagues still have ing so that it does not merely survive, but structures, is inconsistent with the desire of problems with this bill because of concerns flourish. the Congress in authorizing this program. about the environment. This bill certainly is not Mr. Chairman, the conference agreement These fees should be used to address the perfect. For example, I opposed the provision appropriates a total of $13.8 billion for fiscal restoration of properties that have been ne- allowing unlimited use of timber purchaser year 1998 for the Department of Interior and glected over years past, not to evict current credits, which funds the construction of new related agencies. While we can all point to leaseholders. National Forest logging roads. These pur- certain programs within the bill with which we Thank you, Mr. Speaker. I hope to work with chaser credits allow timber companies to build might disagree, overall I think the conference the National Park Service to address these roads throughout our forest system and be re- agreement will improve our environment and concerns and find a solution to this problem imbursed at taxpayer expense. It's bad policy enhance the stewardship of our natural re- that is satisfactory to all parties involved. and I regret that this provision remains in the sources. I urge my colleagues to support this Mr. YATES. Mr. Speaker, I yield conference report. conference report. back the balance of my time. I was also concerned about the provision Mr. STUPAK. Mr. Speaker, I would like to The SPEAKER pro tempore (Mr. preventing the revision of forest management clarify the intent of an amendment I offered to LATOURETTE). Without objection, the plans until the Forest Service issues a final the House's version of this bill, which was ac- previous question is ordered on the rule on forest plans. Two forests in Virginia cepted, in regards to current leaseholders in conference report. are currently on the process of revising their the Sleeping Bear Dunes National Lakeshore. There was no objection. plans and such a provision would have pre- The conference report contains a different ver- The SPEAKER pro tempore. The vented them from completing the work to help sion of my original amendment, and I wish to question is on the conference report. bring needed changes into the management of clarify for the record my intent behind it. Pursuant to clause 7 of rule XV, the these forests. I support the changes made to Many of the current leases at Sleeping Bear yeas and nays are ordered. the language which exempt plans currently Dunes will expire soon. While the National The vote was taken by electronic de- being revised from the provision in the bill and Park Service has stated that it plans on restor- vice, and there were—yeas 233, nays appreciate any clarification the chairman may ing the properties of expired leases to their 171, not voting 29, as follows: give on this issue. natural state, they do not have the funds to re- [Roll No. 531] There are other provisions in this bill that I store these properties. Clearly, this amend- YEAS—233 have problems with. Looking at the bill as a ment prohibits the Park Service from evicting whole, however, I think it represents a fair current leaseholders until they have the nec- Abercrombie Barrett (NE) Boehlert Ackerman Bass Boehner compromise on most of the important issues essary funds to do so. However, my intent Allen Bateman Bonilla and represents a step forward in funding im- was also to have the Park Service restore the Archer Bentsen Bono portant initiatives that benefit our environment. existing abandoned residential structures be- Armey Berry Boswell The $699 million appropriation for land ac- Baesler Bilbray Boucher fore evicting any additional leaseholders. Baker Bilirakis Boyd quisitions will ensure that two important acqui- Currently, there are numerous abandoned Baldacci Bishop Brown (CA) sitions, the Headwaters Forest and the New structures that have been standing empty for Barcia Bliley Burr October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9541 Buyer Hilliard Pomeroy Kildee Myrick Sensenbrenner (Rept. No. 105–345) on the resolution (H. Calvert Hobson Porter Kilpatrick Nadler Sessions Canady Horn Portman Kind (WI) Neal Shadegg Res. 280) providing for consideration of Cannon Hoyer Price (NC) Kucinich Neumann Shimkus the bill (H.R. 1270) to amend The Nu- Capps Hunter Pryce (OH) LaFalce Pallone Skelton clear Waste Policy Act of 1982, which Cardin Hyde Quinn Lampson Pascrell Slaughter was referred to the House Calendar and Castle Jackson (IL) Radanovich Lantos Paul Smith (NJ) Chambliss Jackson-Lee Rahall Largent Paxon Smith, Adam ordered to be printed. Clay (TX) Ramstad Latham Pease Snowbarger f Clayton Jefferson Redmond Levin Peterson (MN) Souder Clement Jenkins Regula Lewis (KY) Petri Spratt LEGISLATIVE PROGRAM Clyburn John Reyes Lipinski Pickering Stabenow (Mr. BONIOR asked and was given Collins Johnson (CT) Riggs Lowey Pitts Stark Cook Kaptur Rodriguez Luther Poshard Stearns permission to address the House for 1 Coyne Kelly Rogers Maloney (CT) Riley Stenholm minute.) Cramer Kennelly Ros-Lehtinen Maloney (NY) Rivers Stump Mr. BONIOR. Mr. Speaker, I would Crapo Kim Roukema Manzullo Roemer Talent Cummings King (NY) Sabo Markey Rogan Taylor (MS) like to inquire of the majority leader Danner Kingston Sawyer McCarthy (MO) Rohrabacher Thornberry the schedule for the remainder of the Davis (FL) Kleczka Saxton McCollum Rothman Thurman day and of next week. Davis (VA) Klink Scott McDermott Roybal-Allard Tiahrt Mr. ARMEY. Mr. Speaker, will the Deal Knollenberg Serrano McGovern Royce Tierney DeLauro Kolbe Shaw McKinney Rush Velazquez gentleman yield? Deutsch LaTourette Shays McNulty Salmon Vento Mr. BONIOR. I yield to the gen- Diaz-Balart Lazio Sherman Meehan Sanchez Watt (NC) tleman from Texas. Dicks Lewis (CA) Shuster Miller (CA) Sanders Watts (OK) Mr. ARMEY. Mr. Speaker, I thank Dooley Lewis (GA) Sisisky Minge Sanford Waxman Doyle Linder Skaggs Moakley Schaefer, Dan Weldon (FL) the gentleman from Michigan for yield- Dreier Livingston Skeen Moran (KS) Schaffer, Bob Wexler ing. Dunn LoBiondo Smith (MI) Morella Schumer Weygand I am happy to announce that we have Edwards Lofgren Smith (TX) concluded legislative business for the Ehlers Lucas Smith, Linda NOT VOTING—29 Emerson Manton Snyder Bereuter Gephardt Parker week. English Martinez Solomon Callahan Gonzalez Payne The House will meet on Tuesday, Oc- Eshoo Mascara Spence Chenoweth Houghton Pelosi tober 28, at 10:30 a.m. for morning hour Etheridge Matsui Stokes Cooksey Istook Rangel and 12 noon for legislative business. We Farr McCrery Strickland Cubin Klug Ryun Fattah McDade Stupak Dickey LaHood Sandlin do not plan to have any recorded votes Fawell McHale Sununu Everett Leach Scarborough before 5:00 p.m. on Tuesday, October 28. Fazio McHugh Tanner Ewing McCarthy (NY) Schiff On Tuesday, the House will consider Flake McInnis Tauscher Foglietta McIntosh Smith (OR) a number of bills under suspension of Foley McIntyre Tauzin Ford Mollohan Forbes McKeon Taylor (NC) the rules, a list of which will be distrib- Fowler Meek Thomas b 1405 uted this afternoon. Fox Menendez Thompson The Clerk announced the following After the suspensions, the House will Frank (MA) Metcalf Thune take up the conference report on the Franks (NJ) Mica Torres pairs: Frelinghuysen Millender- Towns On this vote: Department of Defense authorization Gallegly McDonald Traficant Mr. Smith of Oregon for, with Mr. bill. Ganske Miller (FL) Turner Scarborough against. We will then proceed to the rule, and Gekas Mink Upton Mr. Rangel for, with Mr. Gephardt against. rule only, on H.R. 1270, the Nuclear Gilchrest Moran (VA) Visclosky Gillmor Murtha Walsh Messrs. BACHUS, SHIMKUS, MOAK- Waste Policy Act of 1997. Gilman Nethercutt Wamp LEY, HINOJOSA, STENHOLM, and For Wednesday, October 29, and the Goode Ney Waters SESSIONS, and Mrs. MALONEY of balance of the week, the House will Goodlatte Northup Watkins consider the following bills, all of Gordon Norwood Weldon (PA) New York changed their vote from Goss Nussle Weller ‘‘yea’’ to ‘‘nay.’’ which will be subject to rules: Granger Oberstar White Messrs. JEFFERSON, OWENS, and We intend to finish H.R. 1270, the Nu- Greenwood Obey Whitfield clear Waste Policy Act of 1997; H.R. Gutknecht Olver Wicker TORRES changed their vote from Hall (OH) Ortiz Wise ‘‘nay’’ to ‘‘yea.’’ 2493, providing for uniform manage- Hamilton Owens Wolf So the conference report was agreed ment for livestock grazing on Federal Hansen Oxley Woolsey to. lands; H.R. 2616, the Charter Schools Harman Packard Wynn Amendments Act; the HELP Scholar- Hastert Pappas Yates The result of the vote was announced Hastings (WA) Pastor Young (AK) as above recorded. ships Act; and H.R. 2614, the Reading Hefner Peterson (PA) Young (FL) A motion to reconsider was laid on Excellence Act. Herger Pickett the table. On Wednesday and Thursday, the Hill Pombo f House will meet at 10:00 a.m. On Fri- NAYS—171 day, the House will meet at 9:00 a.m. PERSONAL EXPLANATION We should finish legislative business by Aderholt Coburn Gibbons Andrews Combest Goodling Mrs. CHENOWETH. Mr. Speaker, on Friday about 2:00 p.m. next Friday, October 31. Bachus Condit Graham October 24, 1997, I was granted a leave of Mr. BONIOR. Mr. Speaker, reclaim- Ballenger Conyers Green absence. Unfortunately, I missed rollcall votes ing my time, if the gentleman is avail- Barr Costello Gutierrez 526 through 531. able for a question, I would like my Barrett (WI) Cox Hall (TX) Bartlett Crane Hastings (FL) Had I been here, I would have voted: ``Yea'' friend from Texas to maybe give us a Barton Cunningham Hayworth on rollcall 526, on approval of the Journal; sense of what is in the wind regarding Becerra Davis (IL) Hefley ``nay'' on rollcall 527, rule for fiscal year 1998 suspensions and his intentions with re- Berman DeFazio Hilleary Blagojevich DeGette Hinchey DOI conference report; ``nay'' on rollcall 528, spect to the Amtrak bill. Blumenauer Delahunt Hinojosa motion to rise; ``yea'' on rollcall 529, Rep- Mr. ARMEY. Mr. Speaker, if the gen- Blunt DeLay Hoekstra resentative Quinn Amendment to H.R. 2247; tleman will continue to yield, I appre- Bonior Dellums Holden ``nay'' on rollcall 530, motion to adjourn; and ciate the gentleman’s request and his Borski Dingell Hooley Brady Dixon Hostettler ``nay'' on rollcall 531, final passage fiscal year interest in the subject. Brown (FL) Doggett Hulshof 1998 DOI conference report. We will be, at this point, consulting Brown (OH) Doolittle Hutchinson f with the Senate and talking to the Bryant Duncan Inglis committee chairman, and we would ex- Bunning Ehrlich Johnson (WI) REPORT ON RESOLUTION PROVID- pect to have announcement later. Burton Engel Johnson, E.B. ING FOR CONSIDERATION OF Camp Ensign Johnson, Sam Mr. BONIOR. I would also say to my Campbell Evans Jones H.R. 1270, THE NUCLEAR WASTE friend from Texas, with respect to the Carson Filner Kanjorski POLICY ACT OF 1997 case of the gentlewoman from Califor- Chabot Frost Kasich Christensen Furse Kennedy (MA) Mr. SOLOMON, from the Committee nia, Ms. LORETTA SANCHEZ, as the gen- Coble Gejdenson Kennedy (RI) on Rules, submitted a privileged report tleman clearly knows from yesterday H9542 CONGRESSIONAL RECORD — HOUSE October 24, 1997 and the activities that have gone be- quest of the gentlewoman from Mary- which is a partial answer to some of fore that, we feel very strongly about land? the problems we have seen and which this situation. We think this case has There was no objection. for the first time in our State will have dragged on long enough. And if these f emergency responders able to find out matters really have not been resolved immediately upon arriving on the next week, I want to inform my col- REMOVAL OF NAME OF MEMBER scene what hazardous materials are in- leagues that we will continue to object AS COSPONSOR OF H.R. 2527 volved. strenuously and Members should make Mr. FRANK of Massachusetts. Mr. f plans accordingly. Speaker, because it might benefit me Finally, I would like to make one to the extent of $5 a month, I now find b 1415 other comment to my friend from out, that is $5 before taxes, I also want INDIVIDUAL RETIREMENT Texas, and that is with respect to cam- to get my name removed from H.R. ACCOUNTS paign finance reform. I recall the gen- 2527. tleman from Texas saying that he The SPEAKER pro tempore. Is there (Mr. SAXTON asked and was given hoped that he would get to that issue objection to the request of the gen- permission to address the House for 1 before the end of this session, some tleman from Massachusetts? minute and to revise and extend his comments to that effect, and I just There was no objection. remarks.) want to inform him that we have close f Mr. SAXTON. Mr. Speaker, there is a to 170 Members, if not 170, at the desk, lot of talk currently about changing DISPENSING WITH CALENDAR who have signed a discharge petition, the Tax Code and doing away with the WEDNESDAY BUSINESS ON and we hope that issue will be brought IRS, et cetera. I suspect that in some WEDNESDAY NEXT to the floor so we can have a full de- form or another, eventually we may bate of all the alternatives before the Mrs. MORELLA. Mr. Speaker, I ask get to do something significant with American people before we adjourn this unanimous consent that the business regard to that. But in the meantime, session. in order under the Calendar Wednesday there is an issue which cries out for at- Mr. ARMEY. If the gentleman will rule be dispensed with on Wednesday tention and that is the double taxation continue to yield, let me first say next. of savings under our current Tax Code. again that I appreciate the gentleman’s The SPEAKER pro tempore. Is there Americans are dissuaded from saving, affirmation of commitment to his objection to the request of the gentle- a very healthy activity that we all rec- course of action with respect to the woman from Maryland? ognize; that is, savings. They are dis- Sanchez matter. Let me just reaffirm There was no objection. suaded because they tax money before our commitment on this side of the f it is saved and then we tax the returns on the money that is saved. That is aisle that we will carry out our con- PERSONAL EXPLANATION stitutional responsibilities regarding why I recently introduced a bill to ex- this question of the legitimacy of elec- Mr. ISTOOK. Mr. Speaker, I was out pand the individual retirement account tions of our Members thoroughly, com- of the Chamber at an intelligence brief- provisions to include savings to be ex- pletely, and honestly to that conclu- ing during the vote just held on the In- empted for medical care, for education, sion which is defined by the facts of the terior appropriations bill conference for first-time home buyers, for unem- matter when fully and completely un- report, rollcall No. 531. I would ask the ployment as well as for retirement. derstood. We can do no less. It is our RECORD to reflect that had I been These are all worthy goals, and I ask duty under the Constitution. present my vote would have been other Members to look seriously at Regarding the other matter, I guess ‘‘nay.’’ this bill with an eye toward supporting the gentleman can proceed with his f our effort to reform and revise and ex- pand the IRA provisions. discharge petition and we will proceed INTRODUCTION OF RAIL SAFETY with the business of the House and we LEGISLATION f will see if either of us get to some- SPECIAL ORDERS where. (Mr. WISE asked and was given per- Mr. BONIOR. Mr. Speaker, I want to mission to address the House for 1 The SPEAKER pro tempore (Mr. make the gentleman aware that it is a minute.) PEASE). Under the Speaker’s an- bipartisan discharge petition and we Mr. WISE. Mr. Speaker, quite right- nounced policy of January 7, 1997, and hope to have a little more bipartisan ly, today the subject has been Amtrak, under a previous order of the House, help on it as the days move ahead. but we need to be talking in this Con- the following Members will be recog- Let me also ask my colleague from gress about rail safety. nized for 5 minutes each. Texas, I note in the schedule that we Yesterday, two Norfolk Southern f only have three suspensions scheduled trains collided head on in southern West Virginia. Again today a CSX The SPEAKER pro tempore. Under a for Tuesday next. Does the gentleman previous order of the House, the gentle- expect others might be added between train hit a tractor trailer at a grade crossing. Great tragedy was avoided be- woman from North Carolina [Mrs. now and next Tuesday? CLAYTON] is recognized for 5 minutes. Mr. ARMEY. I thank my friend from cause the tractor trailer had just un- Michigan, and if he would continue to loaded an explosive mixture. [Mrs. CLAYTON addressed the House. yield, we have some from the Commit- Yes, it is true that the Federal rail- Her remarks will appear hereafter in tee on Veterans’ Affairs that we have road agency is working with CSX, is the Extensions of Remarks.] had fully vetted and cleared. We expect working with Union Pacific, in a con- f certed effort to improve safety prac- to perhaps complete the vetting and IN MEMORY OF DONALD OLSON clearing with some others, and we will tices, but these are reactions. We need inform the gentleman’s office as soon to be proactive. The SPEAKER pro tempore. Under a as possible. So, Mr. Speaker, we need to have a previous order of the House, the gen- Mr. BONIOR. Mr. Speaker, I thank coordinated approach, the kind of co- tleman from Minnesota [Mr. my colleague. ordinated approach that is in the rail GUTKNECHT] is recognized for 5 min- f safety legislation that I have intro- utes. duced and we are seeking to get a hear- Mr. GUTKNECHT. Mr. Speaker, I rise REMOVAL OF NAME OF MEMBER ing on and to get debated on this floor; today to pay tribute to a special friend AS COSPONSOR OF H.R. 2527 rail safety legislation that requires of mine who was called home to glory Mrs. MORELLA. Mr. Speaker, I ask positive train separation devices, re- just in the past couple of weeks. On unanimous consent to have my name quires fatigue management plans, re- August 19, 1923, a baby was born to removed from H.R. 2527. quires greater oversight of safety. Melvin and Agnes Olson at Sacred The SPEAKER pro tempore (Mr. And, yes, Mr. Speaker, on Monday we Heart Hospital in Eau Claire, WI. They PEASE). Is there objection to the re- will be unveiling Operation Respond, named him Donald. Two weeks ago on October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9543 October 3, Don Olson died in St. Paul, The SPEAKER pro tempore. Under a this when you hear this Chinese Presi- MN. I am honored that I was able to previous order of the House, the gentle- dent coming to the country. have met him during his 74 years of woman from Washington [Mrs. LINDA No. 4, remember also when you hear life, the time God gave him to be on SMITH] is recognized for 5 minutes. him speaking that the Chinese govern- this Earth, and I am blessed to have [Mrs. LINDA SMITH addressed the ment runs a gruesome trade in human called him my friend. House. Her remarks will appear here- organs, taking organs from executed After graduating from his rural Wis- after in the Extensions of Remarks.] prisoners and selling them to foreign consin high school in 1941, Don an- f buyers for tens of thousands of dollars. swered his country’s call to duty and They shoot people, they take their The SPEAKER pro tempore. Under a served in the 70th Army Air Force blood sample, they take their tissue previous order of the House, the gen- Technical Training Detachment during sample and they sell their organs for tleman from Kansas [Mr. TIAHRT] is World War II. He graduated from the $35,000. So when you hear him go to recognized for 5 minutes. Army Air Forces Navigation School in Harvard and speak out, know that his San Marcos, TX in 1945. After the war, [Mr. TIAHRT addressed the House. government is selling kidneys of pris- Don came back to Minnesota and grad- His remarks will appear hereafter in oners for $35,000. uated cum laude from St. Olaf College the Extensions of Remarks.] Remember also, No. 5, that China’s in Northfield, MN, which is also in my f one-child policy results in forced abor- district; he earned a master’s degree CHINA tions and sterilization of women, where from the University of Minnesota in they track them down in the villages 1949; and later a law degree from the The SPEAKER pro tempore. Under a and force them to get abortions. St. Paul College of Law. previous order of the House, the gen- No. 6, when you hear President Clin- OLF] is Earlier this week I was telling my tleman from Virginia [Mr. W ton speak about our relationship with recognized for 5 minutes. staff about Don Olson and I said, he this man and with the Chinese govern- Mr. WOLF. Mr. Speaker, the Presi- probably has forgotten more about gov- ment, remember that China has more dent of China will be visiting here be- ernment and the way it is supposed to gulags today than they had in the So- ginning this Sunday. I know that we work than most of us will ever know. viet Union when Solzhenitsyn wrote will treat him in a very courteous man- That was not an exaggeration. After the book ‘‘Gulag Archipelago.’’ There ner but I want the American people to working in the Minnesota State legis- are more gulag slave camps in China know every time they hear President lature, Don came out here to Washing- today than there were in the Soviet Clinton talk about the President of ton and served in the office of Senator Union under the worst times. China and every time they hear the Ed Thye, worked as congressional liai- Also know, No. 7, that China sells President of China speak, they should son for the Small Business Administra- arms and dangerous technology to bel- remember the following things: tion, and later he was the administra- ligerent countries which could one day No. 1, China persecutes people be- tive assistant in the office of Min- endanger men and women in the mili- cause of their religious beliefs. Catho- nesota Congressman Ancher Nelson, tary. Some days on this floor it is al- lic bishops are in jail, Catholic priests where he served for 14 years. most reminiscent of 1937, 1938, and 1939, are in jail, hundreds of them, and on In 1974, Don returned to the Midwest where Winston Churchill warned of the October 8, Chinese authorities arrested when he was hired by a little family danger of Nazi Germany and some of again and again Bishop Su who has clinic in my district, run by the Mayo the things that were sold in Nazi Ger- been one of the most prominent bish- brothers, to be their governmental af- many were used against Americans. I ops who is now back in jail. Protestant fairs specialist. He was the first person fear for it and every Member of this pastors are in jail and hundreds of that Mayo Clinic ever hired to do this body ought to get the intelligence them have been arrested. important job, and his work was noth- briefing by the CIA, the NSA, and the No. 2, China denies its citizens basic ing short of outstanding in his 14 years DIA to find out what weapons they are human rights and imprisons people for there until he retired in 1988. selling. speaking out in support of freedom. It was during his years at Mayo that No. 8, China continues to violate a Wei Jingsheng, one of China’s most im- I met Don Olson. It was about 1976. He range of bilateral and international portant prisoners, languishes in not was always a man of impeccable hon- proliferation and missile technology well conditions in jail serving a 15-year esty and a record of personal integrity treaties. sentence. He was detained in 1994 after that no one would ever question. He No. 9, China’s State-owned companies meeting with Assistant Secretary for was also the kind of person that you sold AK–47’s to street gangs in Califor- Democracy and Human Rights John could confide in. You could tell Don nia that could be used against Amer- Shattuck. So when you hear the Presi- Olson your deepest fears and know that ican citizens. So when you see the Chi- dent of China speak, remember Wei and they would go no further than his ears. nese President standing next to Presi- also Wang Dan, who has also been im- Robert Frost once wrote, ‘‘Govern- dent Clinton, remember that a com- prisoned for his activities in ment is a thing made of men and it dies pany connected with his government Tiananmen Square. as the men who made it die.’’ With was selling assault weapons to street No. 3, when you hear the Chinese these words in mind, I cannot think of gangs in California that could be used President speak at Independence Hall, a better place for me to remember Don to kill American people. which will be a disgrace for Independ- Olson than from the floor of this House No. 10, the Chinese trade surplus with ence Hall to have the Chinese Presi- of Representatives. the United States approached $40 bil- dent go there where Thomas Jefferson I know that Don’s daughters Tina lion last year and is getting bigger gave the words ‘‘We hold these truths and Lori as well as his son Wayne and every month. In August the United to be self-evident,’’ but when you hear his loving wife of 38 years, Terri, are States trade deficit with China jumped him there remember that China is bru- watching this afternoon. I want you all 10.6 percent, the highest of any coun- tally repressing the people of Tibet, de- to know that my thoughts and prayers try, driving American men and women stroying their culture, destroying their continue to be with you. This is a great out of their jobs. religion, destroying 4,000 to 5,000 mon- Mr. Speaker, China’s President will loss for the family, it is a great loss for asteries and in Tibet the one growth visit Washington, Williamsburg, and me, and it is a great loss for America. industry is the growth of prisons where Philadelphia, which will be a disgrace f Buddhist priests and Buddhist nuns are when he visits Independence Hall and The SPEAKER pro tempore. Under a being put in jail. We had testimony of other sites in the United States. Every previous order of the House, the gen- a 28-year-old Tibetan Buddhist nun time he speaks, the world should re- tleman from West Virginia [Mr. WISE] who told the House Committee on member the men and women who are is recognized for 5 minutes. International Relations how her Chi- languishing in Chinese prisons under [Mr. WISE addressed the House. His nese jailers tortured her with an elec- his control and do not buy into his remarks will appear hereafter in the tric cattle prod, putting it on all parts message. I ask him to change his pol- Extensions of Remarks.] of her body. You have got to remember icy. H9544 CONGRESSIONAL RECORD — HOUSE October 24, 1997 Mr. Speaker, I include for the ties had ordered the monks of all of Lhasa’s told to stand with our hands against the wall RECORD the testimony of Tsultrim monasteries to attend, as they had invited as six policemen took each one in turn, held Dolma before the House Committee on journalists from many different countries to us down and beat us with electric prods and International Relations hearing on re- film the ceremony as an example of religious a small, broken chair and kicked us. freedom in Tibet. The monks of Sera, Gyaltsen Lochoe was kicked in the face. I ligious persecution on September 10, Drepung, Ganden and Nechung decided to was kicked in the chest so hard that I could 1997. boycott the ceremony, but were forced to at- hardly breathe. We were told to raise our The material referred to is as follows: tend at gun point. Under guard, the monks hands in the air, but it was not possible to TESTIMONY OF TSULTRIM DOLMA—HOUSE COM- made the traditional cicumambulation stay in that position and we kept falling MITTEE ON INTERNATIONAL RELATIONS— around the Jokhang, Lhasa’s central cathe- down. As soon as I fell, someone would come HEARING ON RELIGIOUS PERSECUTION, SEP- dral. and force me up. We were constantly ques- TEMBER 10, 1997 After completing the ceremony, those tioned regarding who else was involved in ar- monks joined together in calling out loudly My name is Tsultrim Dolma. I am 28 years ranging the demonstration. to Tibetan officials working for the Chinese old. I am one of the one thousand Tibetan All during the interrogation, we were not government who were watching the cere- refugees who came to the United States allowed to fasten our belts and so our robes mony from a stage next to the Jokhang. through the Tibetan Resettlement Program, kept slipping off. We would constantly try to They demanded the release of the highly re- authorized by the United States Congress in lift them up and adjust them. I tried to vered incarnate lama, Yulo Dawa Tsering, 1991. think of what I could possibly say to answer who had been arrested some months before I never imagined that I would someday tes- the questions. ‘‘How did you choose that and of whom nothing had been heard. One of tify before you esteemed gentlemen and day? Who was behind you?’’ I could only see the official’s bodyguards then fired at the gentleladies. Now that I am here, I feel it is feet. Many different pairs of feet approach- demonstrators, killing one Tibetan. A riot both a privilege and responsibility to tell ing us through the day. We were repeatedly ensued and the army proceeded to fire into you about my experiences—among the thou- kicked and beaten. ‘‘The Americans are help- the crowd. Soldiers chased a large number of sands of Tibetans who flee into exile, very ing you! Where are they now? They will monks into the Jokhang and clubbed 30 of few have their stories heard. never help you! Because you have opposed them to death. I am not an educated person. I don’t know communism, you are going to die!’’ Eighteen lay Tibetans were also killed in After some hours had passed, a large dog about politics. But I do know what it is to the cathedral. Twelve other monks were with pointed ears and black and white spots live under Chinese rule. And I know, al- shot. Two monks were strangled to death, was brought in, led on a heavy chain. The po- though I was born after the Chinese came and an additional eight lay Tibetans were lice tried to force us to run, but we simply into Tibet, that Tibet is different than killed outside the cathedral. The news of the did not have the strength. The dog looked at China. deaths spread throughout the city. us with interest, but did not approach. I have asked my friend Dorje Dolma to After we saw the terror and turmoil in the Finally, as sunset approached, we were read the rest of my testimony because my streets, some nuns from my Ani Gompa and handcuffed and taken into a building and English is not very good. I decided to demonstrate in order to support made to walk through the hallway two by I was born in Pelbar Dzong, Tibet, near our heroic brothers and sisters in Lhasa, par- two. Here and there were small groups of Chamdo which prior to the Chinese invasion ticularly the monks who had been arrested Chinese soldiers on both sides of the cor- in 1949 was the easternmost administrative and are in prison and whose cases even now ridor. As we passed, we were punched and center of the Dalai Lama’s government. For have not been settled. On April 16, about six kicked, slapped and pulled hard by the ears. as long as I can remember, I yearned to be- weeks after the massacre during Monlam, My cell, measuring five feet by five feet, was come a nun. It was difficult for me to pursue four of us demonstrated for their release and empty except for a slop basin and small my studies because the nunnery near my vil- the release of women with children. We felt bucket. That night, I quickly passed out on lage had been completely destroyed during the Chinese were trying to destroy all the the cold cement floor. the Cultural Revolution. patriotic Tibetans in prison by maltreating The following morning, I was taken to a I took my nun’s vow at age 17 and, soon them. The Chinese government has pub- room where three police were seated behind after, left my home with a small group of vil- licized that there is freedom of religion in a table. On its surface was an assortment of lagers to make the customary pilgrimage to Tibet, but in fact, the genuine pursuit of our rifles, electric prods and iron rods. I was told Lhasa, the capital and spiritual center of religion is a forbidden freedom. So many dif- ‘‘Look down!’’ Throughout my detention, I Tibet, and a month’s journey from my home. ficult restrictions are placed on those enter- was never allowed to look straight at their Once there I was able to join the Chupsang ing monastic life, and spies are planted ev- faces. While answering I had to look to the nunnery on the outskirts of the city. erywhere. side or face down. In Lhasa it was unavoidable to feel the My sister nuns and I were joined by two One of them asked me ‘‘Why did you dem- tension due to the large differences between nuns from Gari Gompa and we were all six onstrate? Why are you asking yourself for the Tibetans and Chinese living there, and arrested in the Barkhor while shouting out torture and beatings?’’ My knees began to within a year, on October 1, 1987, China’s Na- demands. As we stood on the holy walk of shake. I told them: ‘‘Many monks, nuns and tional Day, I experienced at first hand the the Barkhor, we were approached by eight lay people have been arrested, but we know consequences of that tension. Chinese soldiers who spread out and grabbed Tibet belongs to the Tibetans. You say there On that day, monks from Sera and us. Two soldiers took me roughly by the is freedom of religion, but there is no genu- Nechung Monasteries peacefully dem- arms, twisting my hands behind by back. ine freedom!’’ My answer angered them and onstrated for the release of their imprisoned Two of the nuns, Tenzin Wangmo and the three got up from behind the table, pick- brothers. Hundreds of Tibetans gathered Gyaltsen Loche, were put in a Chinese police ing up various implements. One picked up an around in support. Public Security Bureau jeep and driven away. The rest of us were electric rod and hit me with it. I fell down. Police moved through the crowd videotaping thrown into a truck and taken to the main They shouted at me to stand, but I demonstrators. Then, unexpectedly, opened section of Gutsa prison, about three miles couldn’t and so one pulled up my robe and fire on the crowd. The Tibetans responded by east of Lhasa. the other man inserted the instrument into throwing stones at the cameras, but a num- When we arrived, we were separated and my vagina. The shock and the pain were hor- ber of monks were arrested and dragged to taken into various rooms. I was pushed into rible. He repeated this action several times the Police station. a room where one male and one female guard and also struck other parts of my body. I joined a large group that converged on were waiting. They removed the belt which Later the others made me stand and hit me the station. We heard gun shots from the held my nuns robe and it fell down as they with sticks and kicked me. Several times I rooftop and tried to get inside, but the police searched my pockets. While I was searched, fell to the floor. They would then force the fired down into the crowd. Many Tibetans the guards slapped me hard repeatedly and prod inside of me and pull me up to repeat were killed and many other badly injured. yanked roughly on my nose and ears. the beatings. Outraged at the massacre, some Tibetans set After the search, I was led outside to an- For some reason I began to think of a pre- fire to the building. I watched as Venerable other building where two different male and cious herb that grows in Tibet called Yartsa Jampa Tenzin, the caretaker of the Jokhang female guards waited to begin the interroga- Gunbu. Tibetans believe it is a cross between Temple, led a charge into the building to try tion. ‘‘What did you say in the Barkhor? Why the kingdoms of plants and animals because to free the monks. When he emerged about did you say it?’’ The cell contained a variety during the summer it gives the appearance of ten minutes later, his arms were badly of torture implements: lok-gyug, electric being a worm. This medicine herb is quite burned and had long pieces of skin peeling cattle prods, and metal rods. I was kicked rare. In my region, the Chinese force a off. Two young novice monks came out with and fiercely beaten as I was interrogated monthly quota on each monk and nun which him and were also badly burned. Soon after- until mid-day, and then pulled to my feet consists of thousands and thousands of such wards, Jampa Tenzin was arrested and de- and taken to the prison courtyard where I plants. I shouted out: ‘‘Before 1959, it was tained at Sangyip Prison where he is known saw the three other nuns from Chupsang. considered a sin for monks to pick the Yartsa to have undergone severe ill-treatment. We were made to stand in four directions. Gunbu! It was a sin, and you have forced The Great Monlam Prayer Festival which I was near the door so that every Chinese them to do it!’’ occurred the following spring was the next soldier who passed by would kick me in pass- I remained in detention for more than four occasion for major protest. Chinese authori- ing. Our hands were uncuffed and we were months. For the first month, I was beaten October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9545 every morning during the interrogations. ing there as well, but I thought ‘‘if only I bles, what we buy in these grocery For the first several days, different levels of could reach him, if I could only once see his stores, what we prepare in our kitch- authorities came to my cell. At first I was face. . . .’’ ens, what we eat in our restaurants can afraid but as time went by and I thought Another nun and I heard of some Tibetans about the monks, and other men and women nomads who were taking medicines to the re- in fact, is in fact safe and reliable and who were imprisoned, many of whom had mote areas and traveling to Mount Kailash will not in any way cause health prob- families to worry about, I began to realize I in a truck. From there we joined a group of lems for our people. had nothing to lose. My parents could lead 15 Tibetans to travel to the Nepalese border. Unfortunately, in the last couple of their lives by themselves. In December 1990, I reached northern India. I was continuously terrified of possible sex- When I first met His Holiness, I could not years, some things have begun to hap- ual molestation. But as the days went by, stop crying. He asked, ‘‘Where do you want pen that make some of us not so much that did not occur. Sitting in my cell, I to go? Do you want to go to school?’’ He pat- take our food safety for granted. This would remind myself that I was there be- ted my face gently. I could not say anything. past Sunday, Parade Magazine ran a cause I had spoken on behalf of the people of I could only cry as I felt the reality of his cover story called ‘‘How To Prevent Tibet and I felt proud that I had accom- presence. It was not a dream. In Tibet so Food Poisoning.’’ It cites everything many long to see him. At the same time, I plished a goal and was able to say what I from contaminated strawberries that thought was right. felt an overwhelming sadness. Because I was In Gutsa prison in the summer of 1988, raped, I felt I could no longer be a nun. I had were grown in Mexico, processed in San there were all together about 32 nuns and lay been spoiled. The trunk of our religious vows Diego, sold to schoolchildren and women. All the women were kept in the ward is to have a pure life. When that was de- served to schoolchildren in Michigan, for political prisoners. During that time, one stroyed, I felt guilty to be in a nunnery with many of whom contracted hepatitis A. of the nuns, Sonam Chodon, was sexually other nuns who were really very pure. If I A handful of these children actually molested. stayed in the nunnery, it would be as if a got very, very, very sick; a couple of Fifteen days after my release from prison drop of blood had been introduced into the on August 4, 1988, a Tibetan approached me ocean of milk. them almost died. It talks about rasp- and asked if my sister nuns and I would like I have been asked by esteemed persons berries grown in Guatemala that were to talk to a British journalist who was se- such as yourselves what makes Tibetan contaminated. It talks about how in cretly making a documentary in Tibet. We nuns, many very young, so brave in their this era of free trade, in this era of all felt to appear in the interview without support of the Tibetan cause. I say that it is more and more food sold from one hiding our faces was the best way to make a from seeing the suffering of our people. What country, into another country into the contribution. The ultimate truth would soon I did was just a small thing. As a nun, I sac- be known so there was no need to hide. We rificed my family and the worldly life, so for United States that we simply are not had truth as our defense. a real practitioner it doesn’t matter if you preparing well enough at the border. After our release from prison, we were for- die for the cause of truth. His Holiness the We are not doing the right kind of in- mally expelled from Chupsang by the Chi- Dalai Lama teaches us to be patient, toler- spections. One reporter called all these nese authorities and sent back to our vil- ant and compassionate. Tibetans believe in foods coming into the country pass- lages. We were not allowed to wear nuns the law of Karma, cause and effect. In order ports for pathogens. robes and were forbidden to take part in reli- to do something to try to stop the cycle of gious activities. We were not allowed to talk bad effect, we try to raise our voices on be- freely with other villagers. I was forced to half of the just cause of Tibet. b 1430 attend nightly reeducation meetings during f As more and more food products which the topic of conversation often came The SPEAKER pro tempore. Under a around to me as ‘‘a member of the small come in, inspections at the border gen- previous order of the House, the gen- splittist Dalai clique which is trying to sepa- erally are not very good, and Ameri- tleman from California [Mr. RIGGS] is rate the motherland.’’ I was so depressed and cans are more at risk and take less for recognized for 5 minutes. confused. I never told my parents what had granted than ever before, at least any happened in prison. When word came of the [Mr. RIGGS addressed the House. His British documentary in which I took part, time in this century, concerning the remarks will appear hereafter in the products we buy in grocery stores. everyone began to discuss it. Most Tibetans Extensions of Remarks.] thought I was quite brave, but some collabo- f About a month ago, at my own ex- rators insulted me. It soon seemed as if ar- The SPEAKER pro tempore. Under a pense, I went to the Mexican border, rest was imminent. I began to fear for my went to Laredo, TX, and went to parent’s safety and so decided to flee to the previous order of the House, the gen- only place I could think of—Lhasa—to ap- tleman from New Jersey [Mr. PAPPAS] McAllen, TX, went into Reynosa, Mex- peal again to Chupsang nunnery for re-ad- is recognized for 5 minutes. ico, and looked across the border from mission. [Mr. PAPPAS addressed the House. Laredo into Nuevo Laredo. I saw the After arriving in Lhasa, I set out for the inspections at the border, I saw the hour’s walk to Chupsang. I found a Chinese His remarks will appear hereafter in the Extensions of Remarks.] number of trucks coming into the police office had been set up at the nunnery. United States from Mexico, I saw the I was told to register at the office and, while f number of cars, the hundreds and hun- there, was told re-admission was not pos- MAKING OUR FOOD SAFER sible. I realized that the police officer there dreds and hundreds of cars coming would arrest me if I stayed. Greatly discour- The SPEAKER pro tempore. Under a streaming across the border, basically aged, I set out to make my way back to previous order of the House, the gen- 24 hours a day. And it is clear that Lhasa. tleman from Ohio [Mr. BROWN] is rec- when the North American Free-Trade Just below the nunnery there is a Chinese ognized for 5 minutes. Agreement was passed by this Congress police compound the Tibetans call Sera Shol Mr. BROWN of Ohio. Mr. Speaker, in 1993, that the President, the admin- Gyakhang. As I passed, I saw three Chinese about 90 years ago in the early 1900’s, soldiers on bicycles. They followed me a istration, the leadership in this Con- short distance before I was stopped. One of Upton Sinclair wrote a book called gress, simply have not prepared at the them took off his coat and shirt and then ‘‘The Jungle.’’ This book was about the border for the huge amounts of mate- tied the shirt around by face, and shoved the American meat processing industry. It rials coming into the country. sleeves in my mouth to stop me from crying was about worker conditions in Chi- and yelling. I was raped by the three on the cago in the meatpacking industry. There are too many drugs coming outer boundary of the compound. After doing Equally importantly, it was about food across the border undetected, there are that bad thing to me, they just ran away. quality and what Americans were eat- too many trucks crossing the border I remained in Lhasa for two months under that are not safe, and probably, most the care of local Tibetans. As expected, the ing and what went into the food that Americans ate. Over these 90 years importantly, there is too much food release of the documentary caused an uproar coming across the border that is con- with the Chinese authorities. My sister nuns since the publication of that book, tried to disguise themselves and wore their Americans have come to take for taminated. hair a little longer. I had lost all hope of con- granted the quality of their food, that There are pesticides that are illegal tinuing to live in Tibet under so many ob- fruits and vegetables were not con- in the United States that are legal in structions and restrictions and the ever taminated, that food products, meat some countries in Latin America. present possibility of rearrest. Even if I products, fish and dairy products were There are contaminants in the way could stay, the Chinese would forbid me to study and I feared them in many other bad inspected. We can go into grocery that food is grown, contaminated by ways. I began to think of His Holiness the stores through the first 80, 85, 90 years urine and feces and other kinds of Dalai Lama in India. At that time, I didn’t of this century understanding, taking human contaminants and other con- know there were so many other Tibetans liv- for granted that what we put on our ta- taminants and wastes that end up on H9546 CONGRESSIONAL RECORD — HOUSE October 24, 1997 some of these fruits and vegetables has brought long-deserved attention to ‘‘I’m totally stunned,’’ said Phillips, 48, that make their way uninspected into the exceptional work done by NIST sci- who lives in Darnestown but was in Califor- the United States, simply because we entists. nia for a meeting of the Optical Society of are overwhelmed at the border. Dr. Phillips’ pioneering research in America when he was notified. ‘‘At 3:30 this developing methods to cool and trap morning California time they called from The people at the border are doing Stockholm. It was a very nice wake-up call.’’ their jobs very well. Neither the Gov- atoms with laser light is a credit to As things rapidly turned hectic, he said, he ernor of Texas, Governor Bush, nor the him and his colleagues at NIST. These got some expert commiseration. ‘‘There are President of the United States, Presi- advances will open up a new world of two previous Nobel Prize winners here,’’ dent Clinton, have done what they need physics that will enable the develop- Phillips said, and one of them, Robert F. to do, to do those protections and those ment of ultra-accurate atomic clocks, Curl Jr. of Rice University ‘‘told me, ‘Well, inspections at the border. improve the measurement of gravita- welcome to the roller coaster.’ ’’ That is why, Mr. Speaker, we have no tional forces, and facilitate the con- The prize is the first Nobel won by a NIST struction of atomic lasers. These ad- scientist since the institute was founded as business passing fast track. The Presi- the National Bureau of Standards in 1901. dent and Speaker GINGRICH and leader- vances have many practical applica- Phillips has worked at NIST since 1978. ship in the other body have asked us in tions, such as improving space naviga- The physics laureates were recognized for this Congress to give the President fast tion and the accuracy of global posi- separate, complementary efforts that track authority to extend all of these tioning satellites. spanned nearly 20 years. Their common goal trade agreements to the rest of Latin I read with pleasure the two articles was to come as close as possible to stopping America. in the Washington Post recently on Dr. atoms in their tracks—a horribly difficult Phillips’ many accomplishments. I was prospect. Even when cooled to the tempera- My contention and the contention ture of the cosmic void between stars (about clearly of the majority of this House, especially struck in each article at the universal feeling among colleagues and 3 degrees above absolute zero) atoms of gases that is why we have not voted on this are still vibrating at hundreds of miles an issue yet, my contention is you do not friends that ‘‘. . .. it couldn’t have hap- hour. Sedating an atom enough to observe it rush headlong into new trade agree- pened to a nicer guy.’’ well for even a fraction of a second requires ments, into more NAFTA’s, until you Dr. Phillips’ unbridled enthusiasm temperatures millions of times colder. fix the North American Free-Trade for physics is the spirit we strive to The physicists devised various means of achieve throughout our Federal labora- slowing atoms by striking them with laser Agreement. beams, a process somewhat analogous to You do not rush headlong into a tories. His dedication to improving our understanding of the world through stopping the motion of a ricocheting cue ball trade agreement with Chile that costs on a pool table by shooting hundreds of Ping- American jobs until you fix NAFTA, so science holds the promise of improving all of our daily lives. Pong balls at it. (Phillips also experimented American jobs do not flee to Mexico. with magnetic trapping, the equivalent of While Dr. Phillips’ daily work is on You do not extend fast track to Central tilting the pool table to slow the ball.) The the cutting edge of research into lofty and Latin America, which will jeopard- general idea was to use the momentum of in- theories involving nature’s basic laws. ize our food supply, until you take care dividual units of light, called photons, to His life is well-rounded by his wife of those problems at the border in Mex- slow the target atoms when the photons were Jane, his two daughters, Christine and absorbed and reemitted. ico where food contamination is be- Catherine, and his numerous friends. One major problem is that an atom will coming more and more common, where Dr. Phillips’ dedication to family and not absorb just any photon, but only those of pathogens and other airborne and his numerous contributions to his com- specific frequencies that correspond to dis- tinctive energy levels in that particular kind foodborne illnesses are coming into munity, such as teaching Sunday this country. of atom. school at Fairhaven United Methodist Moreover, because the atom is in motion, Do not rush headlong into other Church, speaks volumes about his char- trade agreements until we fix NAFTA. the frequency of the cooling photon has to be acter. adjusted for the Doppler effect. That is the Vote no on fast track. We should all be proud of Dr. William phenomenon that makes a train whistle f Phillips and his family for this remark- sound higher in frequency as it approaches TRIBUTE TO DR. WILLIAM PHIL- able achievement and honor. the listener than it does when the train is standing still—and that makes a light ray LIPS OF THE NATIONAL INSTI- Mr. Speaker, I include the October 16, 1997, articles from the Washington Post act like one of a higher frequency if an atom TUTE OF STANDARDS AND TECH- is moving toward it. So the scientists had to for the RECORD. NOLOGY ON HIS RECEIVING THE micro-tune the frequencies of their laser 1997 NOBEL PRIZE FOR PHYSICS [From the Washington Post, Oct. 16, 1997] photons to compensate for the estimated LOCAL SCIENTIST SHARES NOBEL PRIZE FOR speed of the atoms. The SPEAKER pro tempore. Under a PHYSICS Chu, then at Bell Labs, achieved a slowing previous order of the House, the gentle- (By Curt Suplee) effect, called ‘‘optical molasses,’’ with an woman from Maryland [Mrs. MORELLA] A government scientist from Montgomery array of six lasers in 1985, reaching a tem- is recognized for 5 minutes. County has won the 1997 Nobel Prize in Phys- perature of 240 millionths of a degree above Mrs. MORELLA. Mr. Speaker, I rise ics, along with colleagues in California and absolute zero. In 1988, Phillips attained an today to commend and to congratulate France, for their development of ways to astonishing 40 millionths of 1 degree. This Dr. William D. Phillips of the National ‘‘trap’’ atoms by herding and subduing them was below the theoretical minimum for Institute of Standards and Technology with laser beams. The chemistry award went Doppler cooling until the theory was revised who, along with Steven Chu of Stan- to an American, a Briton and a Dane for dis- by Cohen-Tannoudji and co-workers, who fi- coveries related to ATP, a compound that is nally hit .2 millionths of a degree in 1995. ford University and Claude Cohen- the fundamental energy currency of life. And temperatures have plummeted since, to Tannoudji, has been awarded this William D. Phillips, who works at the Na- billionths of a degree, allowing atoms to be year’s Nobel Prize in physics from the tional Institute of Standards and Technology interrogated in unprecedented detail. Royal Swedish Academy of Sciences. (NIST) in Gaithersburg, will share the $1 The work is ‘‘one of the great develop- NIST, originally established as the million physics with Steven Chu of Stanford ments of physics in the past couple decades,’’ National Bureau of Standards in 1901, University and Claude Cohen-Tannoudji of said Eric Cornell of NIST’s Boulder, Colo., has for nearly a century promoted eco- the College de France, the Royal Swedish facility, who with colleagues used the trap- Academy of Sciences announced yesterday. ping techniques in 1995 to create a com- nomic growth by working with indus- The Nobel committee divided the chem- pletely new state of matter called a Bose- try to develop and apply technology, istry prize into two parts. Half goes to Paul Einstein condensate in which very cold measurements, and standards. As the D. Boyer of the University of California at atoms in effect coalesce into a ‘‘superatom.’’ Nation’s arbiter of standards, NIST en- Los Angeles and British researcher John E. Physicist Daniel Kleppner of the Massa- ables our country’s businesses to en- Walker of the Medical Research Council Lab- chusetts Institute of Technology, Phillips’ gage each other in commerce and par- oratory of Molecular Biology in Cambridge alma mater, said the work had opened up a ticipate in the global marketplace. for explaining the complex molecular process ‘‘new world’’ that would lead to ultra-accu- The invaluable research being con- whereby living things create ATP. Jens C. rate clocks to improve space navigation and Skou of Aarhus University in Denmark won global position system satellites, among ducted at NIST is a vital component of the other half of the prize for discovering the other possibilities. (Atomic clocks operate the Nation’s civilian research and tech- key ATP-related enzyme that controls the by measuring the frequencies given off by nology development base. Through Dr. transit of sodium and potassium across cell subfrigid atoms stimulated by radiation; the Phillips’ good work, the Nobel Prize membranes—a process essential to life. colder the atoms, the longer they can be October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9547 measured and thus the more precise the tim- [From the Washington Post, Oct. 16, 1997] clock, in Boulder, Colo., is so accurate that ing.) Cornell predicted that the ability to ONE OF SCIENCE’S NICE GUYS FINISHES FIRST it would neither gain nor lose a second in a control atoms on that scale would make it (By Michael E. Ruane) million years. possible to detect extremely small effects If that were not precise enough, Phillips’s such as the change in gravitational force at Bill Phillips is 48, lives in Darnestown, study of slowed sodium atoms could produce ground level over an oil deposit. wears a beard and works for the government. an atomic clock that is even more accurate. The chemistry award recognized more than He has a wife and two kids. His office is down Such insanely precise time-keeping can im- 40 years of research into what was once one a brown tile corridor in a government build- prove such things as global navigation sys- of the deepest mysteries in biology: How ing off I–270. He teaches Sunday school at tems, which depend on the time-keeping cells create and deploy ATP (adenosine Fairhaven United Methodist Church and abilities of orbiting satellites, Phillips’s col- triphosphate), the basic material that pro- founded the church’s gospel choir. leagues said yesterday. Yesterday, Bill Phillips won the Nobel vides energy for all living things. There was jubilation yesterday on the in- Prize. This ubiquitous fuel is produced in enor- stitute’s campus and in the laser lab, where ‘‘Couldn’t happen to a nicer guy,’’ said mous quantities in cellular sub-components Phillips’s experiments were arrayed along Paul Lett, a member of Phillips’s team of called mitochondria, each of which is sur- tables like a fantastically complicated elec- physicists at the federal agency that used to rounded by its own tiny membrane. Just as tric train set. Printouts of complex graphs be known as the Bureau of Standards and one can store energy in a mousetrap by cock- and schematic drawings hung on the walls. now has an even duller name. ing the spring, organisms store energy in the In a conference room adjacent to the lab, A blaze of glory and a bunch of money fell chemical bonds of ATP. It is done by graft- colleagues toasted Phillips with sparkling into the life of the anonymous government ing a third bit of phosphate onto an ever- cider and carrot cake brought by his wife. scientist, who happens to know how to make present cellular substance called ADP (aden- Aides scrambled to arrange interviews, field- atoms almost stand still. osine diphosphate), a strand of adenosine ed an avalanche of phone calls and struggled ‘‘It really is a thrill, an emotional thrill, a that already has two phosphate groups at- to explain Phillips’s complex work. physical thrill, like riding a roller coaster,’’ tached. When energy is needed for muscle Phillips cut short his trip and caught an Phillips said in a telephone interview from motion, nerve transmission or sundry meta- afternoon plane back to Washington. California, where he was attending a con- bolic chores, ATP sheds its added third phos- ‘‘We’re tremendously excited by this news ference when he received the news. ‘‘I am phate, liberating the energy of that chemical and as proud as can be to have Bill Phillips surprised, astounded.’’ on the . . . staff,’’ Robert Hebner, the insti- bond and becoming ADP again. Phillips will share the $1 million Nobel ATP had been discovered in 1929, but until tute’s acting director, said in a statement. award for physics with two other scientists, ‘‘The elegant work that Bill and his col- the work of this year’s laureates, nobody in California and France, who worked sepa- knew exactly how it was made except that it leagues have done at the frontiers of atomic rately in the same field. The award recog- measurement opens up new possibilities both was produced by an enzyme called ATP nized their success in chilling and ‘‘trap- synthase and apparently involved differences in science and measurement technology.’’ ping’’ atoms for deeper scientific study. Some of Phillips’s colleagues heard about in concentrations of charged hydrogen atoms Phillips has worked in Gaithersburg at the the prize while they were still in bed yester- on either side of the mitochondrial mem- 585-acre campus of the National Institute of day. Steven Rolston, 38, one of the four brane. Standards and Technology, or NIST, since members of Phillips’s atom-trapping team, In the 1950s, Boyer began to study the func- 1978. He is the agency’s first Nobel winner said he heard the news when his clock radio tion of ATP synthase, which has a very com- since the institute was founded as the Bu- clicked on about dawn. ‘‘I couldn’t believe it. plicated structure. The lower part, imbedded reau of Standards in 1901. Great way to wake up. I shouted to my wife, in the membrane, gathers energy from the Phillips and his colleagues labor in a cas- who had just gotten up a few minutes before flow of hydrogen atoms like a water wheel ual atmosphere, wearing jeans and T-shirts, me, ‘Bill won the Nobel Prize!’ ’’ picks up energy from a moving stream. The but they use state-of-the-art equipment and Rolston said Phillips is ‘‘really just a great top part, which protrudes above the mem- enjoy an esprit de corps that comes from guy. He’s enthusiastic, happy, always willing brane, resembles a grapefruit with six seg- knowing they are at the cutting edge of re- to help people, very involved in his church.’’ ments, through the middle of which runs an search into some of nature’s basic laws. Al- Katharine Gebbie, director of the insti- asymmetric rotation axle connected to the though they struggle for the most exact tute’s physics laboratory, said she, too, had lower section. measurement attainable of the location and been in bed when the word came. She had As the hydrogen-powered axle turns, it dis- other attributes of atomic particles, NIST just returned from a long trip, and she said torts the segments into different shapes that scientists say only God can get it precisely. the deputy who called said: ‘‘You know I cause them to do various things, such as bind Phillips was born in Wilkes Barre, Pa., the wouldn’t be calling you now if there weren’t ADP to phosphates, or to cast off freshly son of social workers who fueled his interest some good news.’’ minted ATP molecules into the surrounding in science with books, microscopes and Gebbie said, ‘‘I held my breath.’’ cellular goo. Boyer also determined that chemistry sets. ‘‘It’s a wonderful honor for Bill and his col- ATP synthase doesn’t use energy the way His wife, Jane, 50, whom he met in high leagues in the physics laboratory,’’ she said. most enzymes do. This ‘‘molecular mecha- school in Camp Hill, Pa., said: ‘‘He was al- ‘‘We have cherished them very much.’’ nism’’ model was subsequently confirmed ways the one who got all the A’s in physics Phillips ‘‘is one of the greatest guys in the and clarified by Walker and colleagues, who class, in all the classes, and threw off the world, that’s all I can say,’’ Gebbie said. also explained the peculiar axle configura- curve for everyone.’’ ‘‘Anybody who listens to him gets a sense of tion. Phillips said: ‘‘It seems like I’ve been in- the great thrill of physics that he’s doing ‘‘It’s a discovery of fundamental signifi- terested in physics for as long as I can re- . . . He just loves it and wants everybody cance to understanding the way living orga- member.’’ else to love it.’’ nisms work,’’ said Peter Preusch, a program He explained: ‘‘It’s the simplicity of it. Another member of Phillips’s group, Lett, director at the National Institute of General Physics is the simplest science. You’re deal- 39, said he was ‘‘thrilled.’’ Medical Science here, which supported ing with things that are fundamentally more ‘‘It’s well deserved,’’ he said. Boyer’s work for 30 years. simple, so you have more of a chance to un- Phillips, who has been married for 27 years, Meanwhile, since 1957 Skou had been try- derstand something fully. has two daughters, one in high school and ing to understand the processes that cause ‘‘I work with single atoms. More and more, one in college. Group members said he is the normal chemical imbalance between the we’re finding that single atoms are incred- ‘‘very much a family man.’’ Physics, though, insides of cells and their surroundings. With- ibly rich in the things they have to teach us. has kept him in thrall. in the cell, sodium content is normally very . . . Whenever I go into the lab to make a ‘‘It’s the same thing that gets a grip on all low and potassium very high; outside, it’s measurement, there are things that we don’t of us,’’ Lett said. ‘‘Wanting to know the the opposite. Numerous essential biological understand, things that aren’t clear at all.’’ nitty-gritty of why things work.’’ processes—such as the electrical build-up The ‘‘trapping’’ of normally frenetic atoms Rolston said, ‘‘I always tell my daughter: and firing of nerve cells—depend critically has allowed scientists to scrutinize their Everything’s physics.’’ on changes in the transport of these ele- properties more deeply. It could lead to such f ments across cell membranes. Skou found things as a new, more precise definition of that those actions are controlled by an en- the duration of a second—that is, an im- DETERMINING GUAM’S POLITICAL zyme called Na-K-ATPase that also degrades proved way to measure time. FUTURE ATP in cells, and described how it works. ‘‘The trick is getting atoms to stay still,’’ The SPEAKER pro tempore. Under ‘‘The insight he had was really crucial, and said Michael E. Newman, an institute the Speaker’s announced policy of Jan- not just for this one enzyme but for under- spokesman. ‘‘Trying to get atoms to stay uary 7, 1997, the gentleman from Guam standing a great deal about the physiology of still . . . is a very, very difficult thing to [Mr. UNDERWOOD] is recognized for 60 the cell,’’ said biochemistry expert Kathleen do.’’ J. Sweadner of Massachusetts General Hos- The institute operates one of the nation’s minutes as the designee of the minor- pital and Harvard Medical School. ‘‘It opened two atomic clocks, which keep time accord- ity leader. [Researchers’] minds to studying a whole ing to the known rate of the natural oscilla- Mr. UNDERWOOD. Mr. Speaker, I bunch of other processes.’’ tion of cesium atoms. The institute’s atomic take to the floor to talk a little bit H9548 CONGRESSIONAL RECORD — HOUSE October 24, 1997 about H.R. 100, which is the Common- Self-Determination, which is a body on Resources, and I think the people of wealth bill for Guam. This bill was created by Guam public law. Guam are coming to the Committee on first introduced in 1989 and it has en- There ensued a period of discussions Resources with a sense that these are dured some 8 years of negotiation with for 3 years, and at the conclusion of the people who understand their respon- both the Bush and the Clinton Admin- Bush administration, the Bush Admin- sibility with regard to the territories. istration, and to date we have not istration concluded that they could not At one time or another, even though reached any consensus on this bill. agree to major parts of this Common- it may not be of abiding concern to As a consequence of that, I had asked wealth proposal and left it at that, many Americans, because we are talk- the gentleman from Alaska [DON with a negative report that was actu- ing about fellow Americans who are YOUNG], Chairman of the Committee on ally issued 1 hour before the adminis- few in number and quite distant, the is- Resources, to schedule a hearing in trators at the Department of the Inte- land I represent is some 9,000 miles order to perhaps facilitate more discus- rior physically left office, signalling from Washington, DC; is on the other sion on the bill and to get a kind of the end of the Bush administration. side of the international dateline; check on the health of the bill, both As a consequence, we had very seri- takes some 19 hours to get to by air; from the perspective of the administra- ous high hopes when the Clinton ad- and has only 150,000 people. It is very tion and the Congress. The chairman of ministration came in, and for the past difficult to understand why this would the Committee on Resources has grate- few years we have been in discussion be an abiding concern to most Ameri- fully allowed us to have this hearing on with the Clinton administration with a cans. Yet, these people are U.S. citi- October 29, next Wednesday. team led by John Garamendi, the Hon- zens. We fight and we die in American H.R. 100 has been a bill that we delib- orable John Garamendi, the Deputy wars. erately labeled it H.R. 100, because Secretary of the Department of the In- Guam has the distinction of having next year, 1998, stands for the 100th an- terior. the highest per capita casualty rate niversary in which the island of Guam Throughout those discussions we and death rate from Vietnam. And no- has been associated with the United have discovered, somewhat to our dis- body asked us whether we were full States. Guam was ceded to the United may, that many of the people we were citizens or second-class citizens as we States by Spain as a result of the Span- confronting in earlier times under the sought to participate fully in those ish-American War, and next year we Bush administration were essentially challenges that are most presented by commemorate or celebrate, or other- the same bureaucrats and had the same American citizenship. wise acknowledge in one way or an- bureaucratic perspectives of those b 1445 other the 100th anniversary of what under the succeeding administration, most historians call the splendid little and to date very little progress has At some point in time we are going war. been made. to have to cross that bridge and try to In that time period, Guam has really, What is Guam seeking in this legisla- understand what is the meaning for its political status has only been tion? Well, Guam is seeking in this leg- U.S. citizenship and what kinds of changed once. It was and still is an un- islation a new relationship with the ways can we offer people who live in incorporated territory, but the process Federal Government. It seeks a new re- distant and small areas in order to of changing perhaps the way in which lationship with the Federal Govern- more effectively participate as Amer- Guam has been dealt with occurred ment through a joint commission to re- ican citizens in their government. only once, and that was in 1950 with view the application of laws and the We all take it as a core creed of the passage of the Guam Organic Act, application of rules and regulations for America that the only legitimate form making the indigenous people, the the people of Guam. It seeks to resolve of government is through the consent Chamorro people of Guam, U.S. citi- some issues of historical injustice re- of the governed. That is not true for all zens. garding Federal landholdings on Guam Americans, because it is certainly not Since that time, it certainly has been and the right of the Chamorro people, true for the insular areas. The insular clear to the people of Guam that we the indigenous people of Guam, to ulti- areas do not have meaningful partici- need to revisit our political status, and mately determine their political faith pation in the development of the laws that we need to revisit our relationship in the future. under which they must live, laws which with the Federal Government. Lastly, it offers some economic items are passed in this body in which we Throughout the decades ever the that would lead to a greater economic have nonvoting representation by dele- 1980’s, there were a series of elections growth for Guam. That is the basis for gates, laws which are passed in the that took place on Guam with all eligi- this package that we call the Guam other body in which there is no rep- ble voters participating on what politi- Commonwealth proposal. At this point resentation, and laws which then be- cal status Guam should pursue for the in time, I wish that I could report that come administrative rules created by immediate future. In 1982, this election we had made great progress with the an administration which the people of was held and the two winners were administration, but we have not made the territories cannot vote for. So in what was labeled Commonwealth and that great progress. Yet, I remain the that sense there is no meaningful par- the aspiration for statehood, and a run- optimist and hope that in the context ticipation, and that violates the very off election was held between those two of the hearing next week, we will have creed of America and the sense of sometime later, two years later, and people who will say there may be seri- American democracy. the eventual winner of that, by a 3 to ous disagreements, but that there will So we need to be creative as we try 1 margin, was Commonwealth. always be opportunities to further dis- to figure out what is the meaning of There ensued on Guam a series of dis- cuss this and that the administration American citizenship for the people of cussions and public hearings in which a would not close the door to further dis- the insular areas, and certainly I am Commonwealth proposal was fashioned, cussion. making that pitch for the people of and this led to a 12-titled piece of legis- It is my hope as well that as the Guam. lation, which was in itself voted on, ar- Committee on Resources, which is the The real test of our democratic creed ticle-by-article, and which eventually only committee in this body that is is not to try to act when only it is in surfaced as legislation ratified by the charged with the general management our best interests, but to try to act and voters of Guam, and legislation which and review of insular affairs, takes its to understand the necessity to act was introduced in Congress in 1989. responsibilities seriously with regard when there is no personal interest at At that time, the Subcommittee on to the territories. It is of note that the stake, other than the pure understand- Insular Affairs of the Committee on Committee on Resources hearing room, ing of democratic principles. Resources held a hearing on this Com- the primary hearing room used by the So the people of Guam come to this monwealth proposal, and suggested Committee on Resources, is the only hearing hoping for a fair hearing and a that there be a period of time in which committee room in Congress that flies fair opportunity for their proposal, and negotiations and discussions could be the flags of the insular areas behind I am sure that most of the members of held between, at that time, the Bush the chairman’s seat. So this respon- the Committee on Resources will give administration, and the Commission on sibility is entrusted to the Committee them that opportunity. I am sure that October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9549 most of the people of this great coun- Members of the House of Representa- fateful day when we proposed those try will understand that if they had the tives and the American people at large. amendments, and certainly were told opportunity to draw a little attention f that we could not offer those amend- to it. ments; an amendment which would, in When we talk about extending the THE HAZARDS OF NUCLEAR essence, protect children from trans- basic principles of democracy to other WASTE TRANSPORT portation and the exposure to the parts of the world or shoring them up, The SPEAKER pro tempore [Mr. transportation of nuclear waste by and we are talking about millions and PEASE]. Under the Speaker’s an- their schools. I am aware of that. millions of people, and we are talking nounced policy of January 7, 1997, the Mr. Speaker, we would like to point about trade interests and strategic in- gentleman from Nevada [Mr. GIBBONS] out to everyone just exactly where the terests and security interests, there is is recognized for 60 minutes as the des- proposed railway and highway routes an imperative in that beyond the desire ignee of the majority leader. are going to be. Imagine, if you will, for democracy, to make democracy Mr. GIBBONS. Mr. Speaker, I believe that 75 percent of all the nuclear waste work in other parts of the world. it was H.G. Wells who was once quoted in America is generated east of the But when we are challenged simply as saying, ‘‘Human history becomes Mississippi, and it is all coming right by the existence of 150,000 citizens by more and more a race between edu- here to southern Nevada. Seventy-five people who live on what is a relatively cation and catastrophe.’’ Right now, percent of those 109 reactors are going small island some 9,000 miles away, Mr. Speaker, this Congress is in a race to have to funnel their waste through really, when there is no abiding inter- and we must not let catastrophe win. what could be regular hub and spoke est to address those issues, we are real- In examining both the education and communities. For example, if we took ly testing whether we do really care catastrophe spectrum here, I would St. Louis, MO, where I–70 passes about democracy, where we are willing first like to do my part in educating through St. Louis, MO, crosses over the to think outside the box, and try to the ladies and gentlemen of America, Mississippi River, an accident in St. come up with and fashion an instru- Mr. Speaker, on the facts concerning Louis, MO, could have catastrophic re- ment which gives these people mean- H.R. 1270, the Nuclear Waste Policy sults. ingful participation in the Government Act of 1997. This legislation will man- As we recall, earlier, I would remind which controls their lives. date transportation of high-level radio- the gentleman today that we heard The people of Guam will be rep- active nuclear waste by way of our na- earlier about a train accident in West resented by a large delegation: The tional highways and railways. Virginia, a terrible catastrophe. In three living Governors, the current This deadly waste will traverse 43 fact, there were two train accidents in Governor, Carl Gutierrez, the Honor- States to a nuclear waste dump at the last several days in West Virginia: able Paul Calvo, and the Honorable Jo- Yucca Mountain, NV, that is right, a head-on, two trains colliding head on, seph Ada, both of whom are Repub- through 43 States out of 50, traveling and a train intersecting or a train licans, Carl Gutierrez is a Democrat, right alongside of you during your intersection where it impacted a truck. this proposal is very bipartisan on commute to work or on your weekend Mr. ENSIGN. If the gentleman will Guam and supported across the board outing, or with your family over continue to yield, Mr. Speaker, from by the elected leadership; Senators bridges that traverse your commu- what I understand from hearing the Tony Blaz, who is the vice speaker of nity’s source of water, near schools gentleman from West Virginia this the Guam Legislature, Senator Mark where your sons and daughters are at- morning, or this afternoon, he talked Forbes, the chairperson of the Federal tending their education. On these about this train collision happening, Relations Committee of the Guam Leg- routes will be nuclear, radioactive and he even said, luckily, only by God’s islature, Senator Ben Pangelinan, the waste from 109 of our country’s nuclear grace, was the explosive material on minority leader, Senator Elizabeth reactors. one of the trains taken off just before Barrett-Anderson, chairperson of the American citizens from Los Angeles these trains collided. Mr. GIBBONS. If the gentleman will Committee on the Judiciary of the to New York, from Atlanta to Denver, yield for point of correction, I think he Guam Legislature; Chief Justice Pete from Pittsburgh to Dallas, St. Louis to said that that was a truck that was at Tucson, Kansas City to Baton Rouge, Siguenza; presiding judge, Alberto an intersection that was loaded with Jacksonville to Chicago, and from here LaMorena; members of six groups that explosives, or previously loaded with in Washington, DC, to Cleveland, are are important in the context of Guam; explosives, just hours before. and a very important symbolic figure all in harm’s way. That is exactly why Mr. ENSIGN. Yes. If the gentleman for most people on Guam, the Arch- it is important for us to educate Mem- will yield further, let us take, for in- bishop, Anthony Apuron; leader of the bers on H.R. 1270. stance, if we had nuclear waste in these Chamorro Nation, Ed Benavente; lead- Mr. ENSIGN. Mr. Speaker, would the tri-cask cannisters, which are supposed er of the Organization of People for In- gentleman yield? to, based on the testing, if I am correct digenous Rights, Hope Cristobal; chair- Mr. GIBBONS. I am happy to yield to on this, they are supposed to be able to man of the Chamber of Commerce, my colleague from district 1. withstand temperatures of up to 1,500 Sonny Ada; president of the Guam Bar Mr. ENSIGN. Mr. Speaker, I would degrees. Association, J. Arriola; and president ask, is the gentleman aware that in the Mr. GIBBONS. One thousand five of the Filipino Community of Guam, transport of this nuclear waste across hundred, that is correct. Roger Ruelos have all received invita- the country, that the most highly dan- Mr. ENSIGN. Explosive materials tions, and we look forward to their tes- gerous substance ever produced by could lead to a fire. Diesel fuel, what timony. mankind is an environmental problem, does diesel fuel, if the gentleman would We certainly look forward to wel- is a health and safety problem? This answer, being a geologist and a sci- coming them to Washington and hope high-level nuclear waste on these entist, what does diesel fuel burn at? that they have a safe trip to this very routes of transportation will be going Mr. GIBBONS. Diesel fuel burns at distant city, when you look at it from near even elementary schools, day care 1,830 degrees, but in addition to that, if Guam’s point of view; and hopefully we centers, and the like across the coun- cooked long enough, the metal sur- will give them a warm welcome, and try? rounding structures will burn in excess entertain warmly the proposal of a peo- Is the gentleman aware that we tried of 3,000 degrees, sometimes. ple who are striving to create a mecha- to offer and tried to get approved in So the problem we have here is two- nism to better participate in the fabric order an amendment just to make nu- fold. We have natural hazards, diesel of American democracy through a clear waste not go within 1 mile of fuel from trains and trucks and the Commonwealth proposal. schools, and that the leadership, the metal surrounding it, the incendiary It is a proposal whose time has come, Republican leadership, did not allow position of the metal; as well as the ex- it is a proposal that must be addressed, this amendment to be in order? Is the plosives, if the accident had occurred and it is a proposal that deserves the gentleman aware of that? with a trainload of nuclear fuel and serious attention of the members of the Mr. GIBBONS. I thank the gentleman this truck, loaded with explosives; or a Committee on Resources as well as all from Nevada for reminding me of that terrorist act. H9550 CONGRESSIONAL RECORD — HOUSE October 24, 1997 Not too long ago in Arizona it was re- tory that Congress is talking about, than the dangerous transportation and ported that a terrorist blew a bridge they ask me, ‘‘What is the answer?’’ uncertain burial. out in Arizona and a train derailed. Correct me if I am wrong on this. Mr. ENSIGN. Mr. Speaker, if the gen- The exposure of hazard to this material When they were developing the trans- tleman would yield further, could the in transportation across America ex- port mechanism, these things they say gentleman possibly address what seems poses a great risk. But it is a fact that are safe, the Committee on Commerce to be happening in the Congress? We these casks are dangerous. says they are safe, but when they were have talked about many different parts I would tell the Members, Mr. Speak- developing this—and I had a conversa- of the science, whether it be on site, er, just what is in one of these casks. tion today with the gentleman from dry cask storage being the best storage That is the critical part. These con- Michigan [Mr. UPTON], the lead sponsor up to 50 years. Second, the gentleman crete and steel casks contain 24 nuclear of the bill from the Committee on mentioned some type of recycling, re- fuel rods, spent nuclear fuel rods. Each Commerce, and I asked him when they processing this waste. Even if the new one of these casks contains 10 times were developing the transport mecha- technologies the gentleman talked the nuclear radioactive fallout as the nism they developed these dry casks to about are not developed, there are bomb we dropped on Hiroshima in the store them. I asked him, are these dry older technologies currently in the Second World War. That is 10 times casks safe for up to 100 years? And he works in Great Britain, in France, and that in one cask, in one cask; and we said, yes, they are safe for up to 100 in Sweden, and they are doing it very have nearly 80,000 tons of this material years. And I said why not leave them safely and they have obviously a much being transported primarily from the right where they are instead of trans- better nuclear power industry in those countries. East Coast over to the West. porting them and talking about the po- So when we are looking at what is Mr. ENSIGN. If the gentleman will tential accidents? driving this policy in this country, I continue to yield, Mr. Speaker, from Mr. Speaker, I would ask the gen- believe and the gentleman’s comments what I am understanding, based on the tleman from Nevada if he sees any rea- on this would be appreciated, from my scenario that the gentleman has paint- son at all for transporting this dan- gerous waste through cities like St. perspective I see several things happen- ed, based on this hot metal burning and ing. First of all, Members of Congress Louis and Denver and Los Angeles and causing one of these casks to come that have nuclear reactors in their dis- many other cities like Atlanta across apart, looking at the gentleman’s map tricts, they want to get the wastes out down there and looking at St. Louis, the country? Mr. GIBBONS. Mr. Speaker, reclaim- of their State. But probably, and most looking at Denver, CO, right through significantly, the driving force behind the center of Denver, CO, looking at ing my time again, that is exactly what the problem is here that we are this is the nuclear power industry, be- Los Angeles, CA, looking at potentially cause the nuclear power industry right coming across Hoover Dam, which is, facing today. It is a poor policy devel- oped in the 1980’s in order to provide an now only has nuclear powerplants that from Arizona coming into Nevada, if are going to last 20 to 30 years from industry with an escape mechanism for one of these transport mechanisms, now. After that, if we left it where it something which we should have say, was on Hoover Dam, had a crash, is, they would be responsible for stor- changed when we allowed them to build went over the side of Hoover Dam, ing this waste and paying for that stor- these nuclear reactors. Notwithstand- which is about 450 feet down onto a age. concrete slab, and we had a fire down ing the issue of the nuclear reactor, If the Yucca Mountain or the interim there, one of these casks broke open, what we are talking about is what storage facility is built in Nevada, what State would be most affected, be- should the policy of this country be would the case not be that ratepayers sides the State of Nevada, which is sit- with regard to the storage of nuclear and the nuclear power industry no ting right there, and the State of Ari- waste? longer would have to pay the bill, but Current technology today indicates zona? What is the No. 1 State that now the taxpayers from across the would be affected by this radiation fall- that these dry cask storage mecha- country, even in those States which do out? nisms that are on site at the nuclear not have any nuclear reactors, all of Mr. GIBBONS. First, let me address powerplants are indeed safe for the those States and the taxpayers in those the issue that the gentleman has talk- next 25 to 75 years, if not a longer pe- States would be left holding the bill? ing about, dropping these casks. These riod of time for the storage of nuclear So not only do people have to have this casks are certified to be fracture- waste. During that time we have stuff transported through their State resistent when dropped from a height talked to a number of physicists from when they never had nuclear power in of 30 feet. It is a lot different from MIT to Brigham Young University re- their State, but they are also going to dropping a cask from the top of the garding how we could better handle the have to foot the bill to pay for the stor- Hoover Dam to the bottom, 450 feet. nuclear waste; rather than just burying age of this stuff for thousands of years. Only 2 months ago we had an 18- it in the ground to an uncertain fate or Mr. GIBBONS. Mr. Speaker, again re- wheel tractor-trailer rig in an accident, transporting it across this country claiming my time, I would like to spun out on the top of that dam, and with an exposure of danger to all the point out something specifically. The the back end was hanging over the edge American people in its path, and that gentleman raised absolutely an impor- of the dam. It can happen. It is not a is twofold. One is recycling and reproc- tant question that fails to be asked and farfetched idea. essing the material to be used by the answered publicly, and I am glad he reactors that are still in existence or, b 1500 brought the subject up. No. 2, developing the research and the Yes, indeed, what we see today, for But, what you present is one of the technology that will allow us to change example let us take the State of Con- greatest environmental catastrophes the radioactive hazard of the material. necticut. It has four nuclear reactors for the most populated State in the One physicist that I talked to, a pro- and for the problem of safety they have United States and the most populated fessor from a university in Utah, indi- shut those nuclear reactors down. They community that gets a lot of its drink- cated that he has just recently devel- are not generating nuclear waste any- ing water and agricultural water from oped technology that will allow this more, but they have it sitting in this the Colorado River, and that is Los An- material, the radioactive waste, to be dry cask storage or on site. They want geles, CA. All of those millions and converted through his process into ti- to get it out of their backyard because millions of people, the lives along the tanium and copper, to relatively inert the nuclear power company sees a seri- southern Colorado River would be in but precious metals that we can use in ous problem and it is called a ‘‘strand- danger of jeopardy from a nuclear con- the industries around this country. But ed capital’’ problem. It will ultimately tamination spill just off of that one it is a far better policy to convert the have to be responsible for the nuclear roadway. nonuseful, very dangerous, very deadly waste that that industry, that power- Mr. ENSIGN. Mr. Speaker, if the gen- toxic substance of nuclear waste into a plants generated, unless it transfers tleman would yield, people say if we rather inert valuable metal of titanium that to the gullible taxpayer to take cannot bring it to Nevada in an interim and copper. That is the policy that this care of it. And that is what is driving storage facility or a permanent reposi- country ought to be developing rather this. October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9551 If we look here, this chart provides a tee on Commerce did, that this com- be why every major environmental very insightful window on what is tak- pany will not be held liable, that the fi- group in the United States opposes this ing place in the nuclear industry. As nancial end of this will fully be picked legislation. the gentleman said, every powerplant up by the taxpayer. Mr. Speaker, I I have heard NEWT GINGRICH lately that is in America today, due to its would ask the gentleman, is that cor- talk about that he wants to be friendly shelf life or operating life, is scheduled rect? to the environment. I think that NEWT, to shut down within the next 20 years Mr. GIBBONS. Mr. Speaker, the gen- the Committee on Commerce, and the or so. This nuclear waste takes 10,000 tleman is correct. It is absolutely mind rest of the people supporting this bill, years to at least get through a half-life boggling and the answer to his ques- both Republicans and Democrats alike, of most of it. They have been charging tion is yes. Under the current law, and because make no mistake about it, this their customers a mill rate on the elec- the laws that they want to pass with has been a bipartisan effort to bring tricity generated to store this. And it regard to this, we are indemnifying the nuclear waste, transporting it across so has generated a trust fund. This indi- transportation companies. They are many different communities and across cates the balance by the mill rate paid going to haul this stuff clear across this country, across 43 States, that by the end user of the electricity for America and what do they have for re- they have to look themselves in the that storage of about $600 million. sponsibility or accountability? Zero, mirror and say, ‘‘Why is every major But if we take the time from 1995 and zip, nada, nothing. environmental group opposing this leg- spread it out, as those powerplants There is nothing that says they can- islation?’’ shut down the mill rate drops off. In not go out and hire somebody who has Mr. Speaker, I think that we have other words, the fund balance goes to never driven a truck before to haul this heard the answers today. It is because zero because expenses are still taking stuff around. If they crash off one of it can be such a potentially damaging place. Well, it is that timeframe out these bridges or leave the truck in the incident to our environment if we end there when the power plants are no middle of a railway and they create a up with an accident occurring during longer producing electricity and those nuclear accident, that company that the transporting of this waste. powerplants are no longer bringing in hired them, who should have known I thank my friend from Nevada. I that revenue that that fund balance is better, who had responsibility to do have to go catch a plane back to our zero. Well, guess who gets to pick up that, who had accountability for any lovely State. I thank the gentleman for that fund difference for the storage, other accident at any other depart- allowing me to participate in this spe- the monitoring, and the handling of ment or any other material in America cial order. that nuclear waste? The taxpayer. for any damage or environmental prob- b 1515 If I may say so, the cost of storage on lem would be liable for that. site today has been told to us by the Mr. ENSIGN. Mr. Speaker, if the gen- Mr. GIBBONS. I thank the gentleman nuclear contractors who are capable in tleman would yield, I heard the gen- from Nevada for joining me in this dia- this field and have the knowledge of tleman from Nevada speak this morn- log here with regard to the hazards of this field, but the cost of securing that ing in front of the Committee on Rules H.R. 1270. I appreciate his support. I ap- material on site, where it is at even for on the cost of the potential cleanup if preciate his eloquence and his delivery the next 100, 75 to 100 years is about we had one of these accidents with of this information. $300 million. And giving them the bene- leakage in an area. Could the gen- I would like to continue the rest of fit of the doubt, add another $100 mil- tleman address the cost of cleaning up my time to help educate the American lion in it, $400 million, even if they one of those environmental disasters? public a little more about the hazards were wrong, the cost of shipping it, Mr. GIBBONS. Mr. Speaker, this is a about what is taking place. I know just shipping it across this country Freeland, MI, picture of a train acci- many of my colleagues today, on their from the east coast to Yucca Moun- dent. Just say this accident occurred way in to work, might have driven tain, is not $300 million, but $2.3 bil- somewhere near one of those commu- down 395, taken the House or Senate lion. Well, there is no way $2.3 billion nities. Say it was Denver, CO; Kansas exit here over to the Capitol, and could is going to come out of this waste fund. City; St. Louis, just name the place the have noticed one of those big red signs So who picks that tab up? The tax- stuff is going to go. that say, no hazardous material trans- payers. Mr. ENSIGN. Salt Lake City. ported here. That is because it is not in Mr. Speaker, this is an unfunded Mr. GIBBONS. You bet. An accident my backyard are we going to have mandate by a nuclear power industry like this, if it even allowed a fraction them transport this material. That is that wants the taxpayers to pick up of the radioactive material out of these because they do not want it here. It is the tab. casks, would contaminate an area that the classic NIMBY syndrome. Mr. ENSIGN. Mr. Speaker, if the gen- they estimate would be as large as 4 But if you look at the transportation tleman would yield, speaking of what square miles. Cleanup of that 4-square- of nuclear waste in Maryland, guess the taxpayer is going to end up holding mile area would cost nearly $19 billion. what? To those people who do not want the bag on, the Committee on Com- That is billion with a ‘‘B’’ dollars. Be- nuclear waste in our Nation’s Capital, merce in its infinite wisdom, Repub- cause every structure on it in that 4 it is actually going to go right through licans and Democrats alike in the Com- square miles would have to be razed. the Nation’s Capital, in fact, right mittee on Commerce, and correct me if The soil, depending upon the penetra- through the center of the Nation’s Cap- I am wrong on this, from what I under- tion of the cesium and other parts of ital; that is, Union Station, just down stand in reading the bill, and we the nuclear reactor content, if they the street, part of the railway trans- checked with many sources that agree penetrated the soil would also have to portation scheme for transportation of with this, if we had a driver of one of be removed. And it would be years be- nuclear waste on this route. these trucks that was going through, fore they could actually certify that In addition to that, let me talk a lit- say, Denver, CO, the driver of the truck they have cleaned up that area. tle more about what was brought up happens to be drunk, happens to be Put that in downtown Denver, put about hazards of this material and why coming through during the evening one that in downtown Cleveland, and put the American public is being duped in time barreling down and ends up crash- that in downtown St. Louis on the Mis- this regard. If we want to take stand- ing through an apartment building sissippi River and guess what we have ards and use sound scientific evidence killing x amount of children and got? We have a national catastrophe to establish hazards of materials, then adults, even though that person should within which the Superfund that we all we have to look at is some of our be held totally responsible and that have created to handle environmental previous experience in the legislative company should be held totally respon- cleanup would never be able to even ad- history of this material and come up sible, not only do we have the loss of dress in its wildest, richest moments, with a basis of what is taking place. life but we have an incredible environ- let alone the fighting and the attor- First of all, the Environmental Pro- mental disaster. neys that would take the money. tection Agency has established the Mr. Speaker, I have heard that this Mr. ENSIGN. Mr. Speaker, if the gen- number of millirems per year that is company, because of what the Commit- tleman would yield, this possibly could allowable in drinking water. And that H9552 CONGRESSIONAL RECORD — HOUSE October 24, 1997 is 4, 4 millirems per year is available to the Southwest, including Las Vegas, a matter how slim the odds of an acci- be safe in drinking water in our coun- city of 1.2 million people, as well as dent, the potential consequences of try. The Nuclear Regulatory Commis- other surrounding communities in the such a move are cataclysmic. Under sion says, well, we will up it a little area. the plan, tons of radioactive material bit, for a low-level nuclear waste site, This tells us one thing, that the would likely pass through the St. Louis you can be exposed to 25 millirems a standards by which they are judging area by either truck or rail a few times year and still be healthy. Yucca Mountain are wrong. It is not a week for the next 30 years. Each cask EPA again, under the waste isolation geologically safe. It is not geologically would contain the radiological equiva- pilot project plant in New Mexico, stable. The transportation and migra- lent of 200 Hiroshima bombs. Alto- where they are taking high level nu- tion of radioactive nuclides through gether, the nuclear dunnage would be clear waste and treating it in storage the rock, through the soil and into the enough to kill everybody on Earth. there as a pilot project, they have got groundwater is more than just an ex- Maybe a little bit eccentric, maybe a a whopping 15 millirems per year. An pectation. It is an inevitability. It will little bit exaggerative in terms of the independent spent nuclear storage fa- occur. cataclysmic event that might occur, cility is estimated to have 25 millirems We have today probably one of the but certainly not impossible, not far- per year, and the interim storage expo- greatest opportunities to stop this nui- fetched. sure range is about 10.3. sance, to stop this nonsense, to change Whether it is a terrorist act on the Under 1270, H.R. 1270, all of those the policy of this country, to change railway transportation of this material standards, the EPA standards do not the idea of sticking it in the ground or a simple accident along the highway have to be met. All of the safety guar- and walking away from it. or railway with this material, you, the antees that we have got environ- As we talked earlier, the cost of Americans, are both at risk economi- mentally around this country do not transportation, seven times more ex- cally, environmentally, personally. have to be met. In fact, they guarantee pensive than storage on site where it is I think it is up to America to advise that they will exceed 100 millirems per at. You pick the difference up. You their representatives in Congress of year in the transportation of nuclear pick up that $2.3 billion. It comes out their opposition to H.R. 1270, the Nu- waste. of your pocket, takes away from your clear Waste Policy Act of 1997. We have Mr. Speaker, absolutely incredible children’s education, takes away from a chance today to educate our Members that we could have the American pub- your highways, takes away from any- through your phone calls, through your lic be duped by the nuclear power in- thing, the defense of this Nation. That letters, requesting that they oppose dustry into accepting this material. is $2.3 billion out of your pocket just to H.R. 1270. Do not let this opportunity, Now, we have heard a lot recently move it versus 300 million that the in- do not let this time go by without tak- about the site or the location where dustry itself could pay to store it for ing advantage of that opportunity be- this material is going to be placed, in a the next 100 years while technology is cause your future, your children’s fu- mountain in southern Nevada. Theo- developed to change the hazard of this retically it is dry, no problem with ture and the future of this country de- material so that we do not have to storing it there. After all, people only pend on your ability to see through the bury it. live miles away. nuclear wool that the nuclear industry They say they have built a storage Mr. Speaker, let me tell you, from a wants to pull over the eyes of America. site that will last. I defy them to an- scientific basis, after all, I think I am f swer me how they know that. We in qualified inasmuch as I have a degree FAST TRACK TRADE AUTHORITY in mining geology, I have studied it. I this country have never built anything The SPEAKER pro tempore (Mr. have a master’s degree. I understand to last longer than 1,000 years. We have GILCHREST). Under the Speaker’s an- some of the hazards with regard to geo- never been in existence for 1,000 years. nounced policy of January 7, 1997, the logic settings. The Egyptians built the pyramids 3,500 Yucca Mountain did not become a years ago. They are not lasting. What gentleman from Massachusetts [Mr. safe storage site unless you take the is it that they expect to see, 1,000, 2,000 FRANK] is recognized for 60 minutes.) standards and you keep changing and or 5,000 years from now when they Mr. FRANK of Massachusetts. Mr. reducing the bar and the acceptable come across this cavernous Yucca Speaker, I am going to talk today level downward and downward and Mountain site where they have buried about why I am opposing the Presi- downward. Yucca Mountain did not get this nuclear waste? dential request for fast track legisla- to be Yucca Mountain because of a sta- Who knows what we will find at that tion and, while I am not authorized to ble geotectonic event. It became Yucca point in time, if it is accessible, if it speak for anyone but myself, I think I Mountain due to faulting and geologic has not erupted or some cataclysmic reflect the views of many of my Demo- volcanic activity which is currently ac- activity destroyed or changed the site cratic colleagues and some of my Re- tive today. Numerous faulting in the itself. I wonder what the warnings will publican colleagues, but particularly area exists and has continued even look like 1,000 years from now that say, my Democratic colleagues who are op- today with 621 seismic events of a mag- do not dig here. We buried high-level posing the request, even though for nitude greater than 2.5 within a 50-mile nuclear waste. many of us the goal of more trade ne- radius over the last year. That is in- What sort of paint will they put on gotiated through fast track authority credible. There are at least 33 known the sign that will last for 1,000 years? is ultimately something we want to earthquake faults in Yucca Mountain Will they chisel it in stone and place it support. itself, this little piece of land that they at the entry? Will 1,000 years or 2,000 I want to take this time because of want to put this. years from now allow us to have that the absolutely central imperative that A National Science Foundation study warning available to those people, if Thomas Jefferson urged on all of us en- showed that previous testing at the Ne- there are people, who may stumble gaged in the making of public policy vada test site, located 20 miles away, upon that area? We do not know. And when he wrote the Declaration of Inde- had released plutonium into the sur- that is the question of the day. What pendence, the decent respect for the rounding dry rock during one of the do we know? We do not know what it opinions of mankind. It is essential underground testings. As a result, they will be like. We do know we have the that we be explicit about our reasons, wanted to study that plutonium, very ability to change the policy today, to especially since, as I said, expanded dangerous, half-life much longer than ask that we go forward with research trade negotiating authority and the uranium, enriched uranium, to see and development, that we go forward agreements that would result there- what the migration into the ground- with science to change the hazard of from ultimately, I believe, are in the water would be. Thinking that it would this material. public interest, but not in the current not have gone anywhere in the last 20 H.R. 1270 is the transportation of nu- context. years, it has gone nearly a mile. It has clear waste across America. We talked We are at a time in this country and migrated a mile. That is 5,000 feet. earlier about the odds of an accident. in the world in which a combination of Well, 10,000 feet below that is the River Front Times, June 12 through increased globalization of economies water aquifer, a huge aquifer for all of the 14, 1996 said it very clearly: No and the technological advances that October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9553 spur that on and are spurred and ing one of my colleagues; the Governor as much in the prosperity as other seg- turned on by it are doing two things: wanted to hurt another. The result is a ments. We have increased inequality, First, they are increasing, I believe, district, which I dearly love and am and people in the lower half of the in- the overall wealth of the world. Ex- proud to represent, but it is rather come sphere, in the lower three-quar- panded economic activity among na- oddly shaped on a map. It almost dis- ters, have not done nearly as well as tions, the greater efficiency that comes appears at a few points. they should have. from increased mobility of capital Indeed, Mr. Speaker, under the cur- What I and many others believe is without artificial barriers, and cer- rent jurisprudence of the U.S. Supreme that if we simply project current policy tainly the technological changes that Court, I think if I were African-Amer- trends forward, if we do nothing but in- occur, those do allow us overall to ican my district would probably be crease trade, we will exacerbate that produce more. Unfortunately, absent held unconstitutional. But white peo- tendency. Yes; many people will get appropriate public policies, they result ple are allowed to benefit from extreme richer, some people not now rich will both in increased wealth and in in- gerrymandering in America, only black get rich. That is a good thing. But creased inequality. That is especially people are not, so I continue to be other people will be left further behind. true within the United States and lucky enough to represent the district And I and many others will oppose in- other developed nations. and it is divided. creased trade negotiation powers to the Mr. Speaker, I wish more people had The northern part of my district has President until we have public policies read, and I will be submitting for the a number of economic activities that in place that see that the wealth that RECORD once again, because I have are beneficiaries of the new economic we will gain thereby is more fairly done this before, some passages from order. There are places where the world shared. the world economic review in 1993 of is now more of a market for them. Now, let me acknowledge that people the Economist magazine, a magazine There are places where technology is have said, well, trade is only a small very much in favor of free trade, de- being used to great advantage, not just part of the reason for some of the in- voted to free trade in its inception. for the economic benefit of those who equality. I have read the economists’ participate but for the benefit of the analysis. Most of them agree that tech- b 1530 world. Software development; bio- nology is even more important than What they said in 1993, as we were in technology, bringing great new prod- trade. The point, of course, is that the midst of the NAFTA debate, was ucts; medical care in general, because trade and technology reinforce each that some of their colleagues on behalf we get a lot of people coming to Massa- other. of free trade were not being fully intel- chusetts from other parts of the world What we have is the physical capac- lectually honest. Because the argu- and paying us for the first-rate medical ity, thanks to technology, increasingly ment was being made that free trade, care available there; financial services, to make anything anywhere and sell it specifically in this case NAFTA, was a where America has led the way and has somewhere else. That includes not just good thing, and either implicitly or ex- been exporting our services, those are the production processes, but the re- plicitly was being argued that it was, just some of the areas where we bene- duction in size of many products, in- therefore, good for everybody; that it fit. We have other industries, Raytheon creased transportation, and commu- would benefit everybody and hurt no- and others, that benefit from exports. nications equipment which allows us to body, or at least benefit a large number In the southern part of my district I make geography much less important. of people, benefit the totality and not have other industries where people But while technology has physically have any negative consequences. work very, very hard, sometimes in dif- made it possible to make almost any- As the economists acknowledged, ficult circumstance, but without, up thing almost anywhere and sell it al- trade does not work that way, and they until now, a lot of technological aid at most anywhere else, trade policies are pointed out that the whole theory of their disposal; in areas where other essential because they make that le- comparative advantage, developed in parts of the world have been able to gally possible. And the combination the 19th century, which continues to be compete, in areas where labor not as has left many working people worse a major argument in favor of trade, the highly skilled as other parts of our off. Because what we are told is, to get theoretical underpinning for much of economy is a very intensive factor, and the full benefit of modern trends we the argument, assumes that some peo- these are people who are being hurt. have to make capital as mobile as pos- ple will not do as well. The theory says Garment and textiles are two indus- sible. We have to remove barriers to that countries will do better in trade tries that produced a great deal of the capital. Mobile capital, among other and increase their production in areas livelihood of many of the people in the things, has the capacity to get the where they have a comparative advan- southern part of my district. American upper hand over labor. In virtually tage, but they will lose to some extent trade policy has essentially presided every part of the developed world, and in areas where they do not have a com- over the substantial erosion of those increasingly in the developing world, parative advantage. The overall will be industries. working people are told they must to people’s benefit. So here is the problem that I and moderate their demands; they must In the United States that means that many of my Democratic colleagues take less and they must not ask to par- people who are technologically skillful, confront: We are being asked to pro- ticipate in the increase, because if they people who can take advantage in their mote greater trade and greater take too large a share, the owners will work of globalization and technology globalization knowing that along with move their capital elsewhere. will benefit greatly. Those people in that will come an increase in techno- The mobility of capital is increasing our country who are in industries, logical innovation, because I think the at a great rate, and it is, of course, where America does not have a com- two spur each other, and we know that trade and technology both that are in- parative advantage, where the level of this will benefit a great many people, volved, both the legal and physical as- technology is not high, where trade and may benefit the country as a pects of that, and the result is that the factors will work to the benefit of oth- whole, but it will exacerbate the tend- bargaining position of labor has been ers rather than ourselves will be worse ency toward inequality in this country. undercut. We have added to that in this off. Some people will do very, very well; country because during the 1980’s there Yes; it is probable that overall we others will not do well. were de facto and legal changes that will be better off, certainly in the long And while there are debates about ex- reduced the ability of working people run. But in the real world that people actly how it has happened and why it to defend themselves. live in, some people will be hurt. has happened, the fact that income And let me fill in one other thing I see this in my own district, Mr. growth has at best stagnated for many, that gets neglected. Substantial de- Speaker. I was given by the Massachu- many people in the lower sectors of the regulation. This economy has been setts Legislature in 1992 a rather bi- economy is indisputable. Working peo- very substantially deregulated and it zarre shaped district. They were not ple who do not have the advantage of has been bipartisan. It has been a Re- doing it particularly to help me or hurt great technological sophistication be- publican interest, but it was a Demo- me. The legislature had in mind help- hind them have not participated nearly crat interest as well. Senator KENNEDY, H9554 CONGRESSIONAL RECORD — HOUSE October 24, 1997 in the areas of transportation. Presi- even the hint of inflation yet looms. So cost of ignoring inequality, and our re- dent Carter. We have deregulated. We we have people saying the Federal Re- sponse is, no, we will not support the were told that deregulation would serve should cut growth. request for fast track labor negotia- make us more efficient, better able to Essentially what they say, quite ex- tions unless they are accompanied with compete internationally. plicitly, is that unemployment is too some equity elements. In effect, what But deregulation, while it has pro- low. Indeed, our own Congressional we are saying is we are prepared to duced enormous benefits in many ways, Budget Office, Mr. Speaker, recently support efforts that will provide faster has also, of course, weakened the eco- told me that they think 5.8 percent is growth but only if they can be some- nomic position of the workers in those as low as unemployment can go with- what more equitably shared. industries. We know that as a fact. out generating inflation. Of course, un- That has two aspects. First of all, it Now, there is another problem I am employment is now at about 4.9 per- means that in the trade agreements going to address in a later special cent. So if we follow that logic, what themselves, we should be acting to en- order, Mr. Speaker, and it is this: we need is about 1 million more people courage fairer working conditions and Workers in America were told, let us unemployed. environmental standards in our trading deregulate, let us increase efficiency, The problem is that we are in the po- partners. It ill behooves those who tell let us fully implement new technology sition, if we take that view, of saying us that we should support increased without any requirement that we to working people, gotcha. First, we trade to elevate the status of the poor maintain a certain work force, and told them we would deregulate and we people overseas to object when we try while this will weaken workers’ bar- would weaken unions and we would im- to take that seriously. When the Presi- gaining position, the result will be a plement technology and we would dent asked us to support the loan to more efficient overall economy and we weaken their position in relative Mexico 21⁄2 years ago, and I think ulti- will be able to grow more. terms, but the compensation would be mately we benefited from making that And I think that is happening. I faster growth. And now that faster loan, it was a good thing to do, but think that is why we have the situa- growth has been a reality, we have peo- what many of us said was we do not tion where we have for 5 years now ple saying, what, they were kidding; want to do it unless at the same time been growing at a faster rate than that they did not really mean it when we put a condition on it, we put condi- most economists thought possible they said if we deregulated we would be tions on that there has to be fair col- without inflation, yet we have been more efficient and grow faster; that lective-bargaining agreements in Mex- doing it without inflation. implementing technology would im- ico, so that the Mexican workers bene- I recently wrote a letter to the editor prove technology? fit some from this, which has two ad- of the New York Times that they de- Because many of the people in the fi- vantages. In the first place it raises clined to print. I sometimes think if nancial community and in the ortho- their standard of living. In the second your letters to the editor are too much dox sector of the economics commu- place, it diminishes the extent to on point they are disqualified. A New nity are basically saying to workers, which other countries have a compara- York Times business reporter noted yeah, we did all the things that under- tive advantage over this solely because that the economy had grown by 3 point cut them, and while that has produced of depressed wages. something percent in the second quar- more growth, we do not think more They will have advantages, no one is ter, and this reporter noted that this growth is really such a good thing after denying that, in some cases. They will was above the 2.2 percent that most all because we are worried that an in- get to be able to sell us things. But we economists think is the absolute outer flation, that has not yet even begun to do not believe that that advantage limit of growth that will not produce stick up its head yet, might be lurking should be artificially increased by inflation. somewhere around the corner, so we their being able to employ child labor He said everybody agrees, or almost will give workers the worst of both or not have fair representation for everybody agrees that if we grow at worlds. We will continue the imple- their workers or to engage in practices more than 2.2 percent, we will get in- mentation of those things which weak- that degrade the environment. So, flation. Three paragraphs later he en their relative position vis-a-vis cap- first, we want within the trade agree- noted that we have grown at an aver- ital, but we will also deny them the ments efforts to require those who age of 2.8 percent over the past 5 years, benefits of the faster growth that was would benefit from trading with our with, of course, very little inflation. In supposed to come. economy to show some concern for the other words, we are being told simulta- Now, with regard to trade, we have workers in their own country and for neously that 2.2 percent is the absolute an exacerbation of that. Because all of environmental standards. limit of growth without inflation and these things together, increased But that is not all. After all, trade in that we have in fact grown at nearly 30 globalization, deregulation, flexibility and of itself, I agree, is not the only percent more than that without any in- for the ownership that comes in part cause of the worker insecurity here. It flation over the last 5 years. from the weakening of labor unions, may not even be the major cause. I think the only response to that and the implementation of technology Technology may, according to analyses would be the one that Marx formulated without any restriction, all of those to- I have read, be more important. But it when Chico said to Groucho, ‘‘Who are gether can be seen to increase the over- clearly exacerbates it and the business you going to believe, me or your own all pie, although I think the weakening community, the financial community eyes?’’ Do we believe the 2.2 percent of labor unions is, in fact, not nec- that is so eager to see international limit that the New York Times’ finan- essary to that, and I reject the notion trade because there will be benefits cial pages state or the 2.8 percent that that we had to undercut the rights of both for the country as a whole and for in fact happened over 5 years? working men and women to bargain themselves. Because the owners of cap- The point of that, however, is that collectively to get growth. I think, in ital will benefit more than any other working people in America were told fact, the opposite is the case. sector of this economy from the in- that we were going to implement some creased trade, they should not expect b policies that were going to weaken 1545 us to support what will be so much in their bargaining position so that in rel- But all of these things have been im- their interest if they are unprepared to ative terms they might be worse off, plemented. The result has been faster support measures for fairness. but they would be compensated by growth than almost any economist Mr. Speaker, I believe there are being part of an economy growing more thought possible without inflation, and moral arguments why we ought to be rapidly. The problem is that we are at the same time increased inequality. concerned about fairness. I do not now being told by orthodox economists What we are being asked now, those of think it is right for 45-year-old people in the New York Times’ financial pages us who believe that growth and fair- in my district or anybody else’s dis- and others that we cannot grow any ness are both important goals, we are trict to be thrown out of work because faster than we used to grow without being asked now to continue with the of a combination of technology and the possibility of inflation, even implementation of policies that will re- international trade and then to lose though no inflation yet looms, not sult in faster capacity to grow at the their health care and maybe lose their October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9555 homes, on which they have been mak- international economy, those who also have, of course, greater job protec- ing mortgage payments, and accept a want America to be a better neighbor tions for the workers there. What the very, very substantially reduced stand- abroad must understand that they will workers of Europe are being told is you ard of living not because of anything not get the support to do that unless must give up much of what you now they did wrong, not because of a failure they are prepared to start being better have so your economy can be more on their part to work hard but because neighbors at home. flexible, so you can grow more. that is what technology and trade led It is one thing to tell a worker in the But that gets us back to the point I to. garment and textile industry that she raised about interest rates. It does not We know there are millions of Ameri- will lose her job because of inter- present the very encouraging example cans who have lost jobs over the past national trade and other factors over to the workers of Western Europe if few years because of this. Many of which she has no control. It is another they look here and they see American them have gotten new jobs, some of to tell her that, oh, and by the way in workers having been told we are going those new jobs have been lower in pay, addition to losing your job, you are to deregulate and we are going to im- some have not gotten new jobs. We do going to lose your health care and you plement technological change, we are know also that there has been an ero- are not going to get much in the way of going to do a lot of things that in- sion of the bargaining power of those help in finding a new job. crease the flexibility of capital so we who have stayed on the job, and the Health care is a big example. We still can grow more. The consequence will threat that capital will become mobile have a situation in this country in be, as I said, a weakened position for and leave behind, as I said, is one of the which the penalty for losing your job is you in some ways but overall you will major advantages that the owners have to lose your health care in many, many have a work force that is better off be- used to the disadvantage of workers. cases. We have made it a little better cause we will generate more jobs. You I think morally we should do more. I with Kennedy-Kassebaum and a few cannot then turn around and say as or- do not think that 7 and 8-year-olds in other things, but the fundamental gap thodox economists and the financial one part of my district ought on the is still there. Until we have a system in community and others are now saying, whole to face a future that is fairly which health care is not determined by ‘‘Oh, but we didn’t really mean that bleak because they do not have access your employment, do not be surprised, and we’re not going to give you the every day to computers and people to I say to my friends in the business benefit of the increase in jobs.’’ I can- teach them how to use it or people in community, when the average worker not stress enough, Mr. Speaker, how other parts of my district do. I am glad reacts so strenuously to the suggestion much I think these are interrelated. On the people in other parts of my district that he or she may lose their job. Be- the one hand, people say give us fast do. I will work to help that. But I also cause they do not just lose their job, track, knowing that that is going to feel the moral obligation to help people they suffer by loss of their job in many throw some people out of work because in the other part of my district. cases a drastic reduction in their overall we will be better off and then at Let me address my friends in the fi- standard of living. And so if you want the same time have a Congressional nancial community, the academic to implement internationalism, if you Budget Office, and I just heard from economists who are so distressed that want to take full advantage of tech- Ms. O’Neill, our new Congressional those of us on the liberal side will not nology and globalization, I have to say Budget Office Director, that she be- join in right away on the free-trade ex- to people in the business community, lieves if unemployment gets below 5.8 pansion movement. People in the busi- join us in concern about equity. percent it will be inflationary and ness community, if you are not moved Stop doing everything you can to therefore unemployment is too low. morally, and I should say my liberal frustrate the right of men and women The economics profession, in general economist friends, they share our who work to bargain collectively in an there are some very welcome excep- moral view and many of them told me effective manner. Drop your opposition tions, tells us, many of them, that un- they regret the fact that we have pub- to a health care system in this country employment has to be half a million lic policies that leave behind so many that will separate out employment people more than it is today, 6 or working people but, they say, we from health care so people will not face 700,000 more than it is today. These are should still go ahead with trade and the loss of their health care when they not going to work together. The point then they will be for the other. They lose their jobs. Do not insist that when is this. Those who want fast track can- have got to learn a little more game we come to the Federal budget, we cut not see it as an isolated element, be- theory, a little more bargaining in par- back on the retirement benefits for cause it is not. It is one element in an ticular. poorer elderly people. People tell us, overall economy. It is a part of an There is not any reason in the world the CPI is too high, the Consumer overall economy in which growth and for those of us who believe equity is Price Index. Old ladies living on 9, inequality have been going together. getting the short end of the stick $10,000 a year are getting too much Until we get a national consensus ought to forget about that and join in when they get a 2 percent increase. Let that we are going to put concerns for policies that help one sector more than us cut it to 1 percent. You cannot im- equality back in the mix, you are not another without asking for something pose that kind of what I believe is cru- going to get the growth. I have had in return. And to the business commu- elty on people at the low end and then some tell me, well, OK, we agree in nity and to the financial services com- be surprised when we say, we are not general, that would be nice, we would munity, I want to quote John Kennedy. going to help you get richer until and like to have some more growth but we When John Kennedy initiated his Alli- unless you are prepared to do a little cannot really do anything about it. ance for Progress 35 years ago or so, he more sharing. We have had two arguments why pub- harkened back to the good neighbor No one is advocating that we avoid lic policies at the Federal level to try policy of Franklin Roosevelt, the first any job loss. Of course it is going to to share the wealth a little better, not time America even pretended to be come. International trade will bring make it equal. No one rationally treating our Latin American neighbors more job loss. I believe, properly done, thinks we should even try to do away on an equal basis, although regrettably it will bring overall more benefit. But with inequality. Inequality is the en- we were a long way from reaching that we ought precisely for that reason to gine of the market system. The fact ideal then. be able to share that benefit more fair- that people will be unequally rewarded Of course, Franklin Roosevelt called ly than we have. Of course, that has is a very important incentive. But we his policy the good neighbor policy for been the case in America, where we can reduce the extent of inequality, I Latin America. John Kennedy, launch- have weakened the workers’ positions. believe clearly, without in any way ing the Alliance for Progress said, We look at Western Europe and in hindering the efficiency of the market. ‘‘Franklin Roosevelt could be a good Western Europe they have not yet pro- Now, as I said, there have been two neighbor abroad because he was a good gressed as far as we have, in deregula- arguments. One is precisely what I neighbor at home.’’ Those who want, tion and in other ways. We are told have just been talking about. One is Mr. Speaker, a more active engage- that the Western Europeans, therefore, people say to us, no, you cannot do ment by the United States with the have more unemployment but they that. If you try to minimize or even H9556 CONGRESSIONAL RECORD — HOUSE October 24, 1997 mitigate the harshest aspects of in- live on, but we raised the minimum So they are sometimes there as advo- equality, you will so interfere with the wage. cates of selling more, but they are col- market system that it will not work. Once again the Republican main- lectively shockingly silent on the We have had a couple of tests of that, stream predictions were ‘‘Your con- waste of resources that occurs inter- Mr. Speaker, in the last couple of cerns for equity may make you feel nationally in the military. years. good, but it will be backfire. You will So, Mr. Speaker, let me summarize. I In 1993, this Congress passed at the have more unemployment. The work- know, Mr. Speaker, you would be de- request of President Clinton a budget ing people you are trying to help will lighted to have me summarize. You which, by the way, according to CBO be worse off.’’ would have liked for me to summarize did about 31⁄2 times as much to reduce Mr. Speaker, if it is possible to be 20 minutes ago, I understand that. I ap- the budget deficit as the package we more wrong than they were in 1993, preciate your indulgence. just passed. The current CBO in which that is how wrong they were in 1995. But I want to summarize and say I the head was appointed by the Repub- The increase in the minimum wage and many other Democrats, liberals, lican majority certifies that the budget having gone into effect, it had none of supporters of working people, think deal of 1993 contributed more than $400 the negative impacts on employment trade properly done is a very good idea. billion in deficit reduction while the that the conservatives predicted. Un- We want to help lift up people in other current budget package, they say, con- employment has continued to drop, and parts of the world. We want the greater growth that tributed somewhere over $100 billion, it has continued to drop in that sector comes. We welcome internationaliza- about 31⁄2 to 4 times as much in 1993. of the economy where the minimum tion as a way to reduce tension and, But the package we passed in 1993 not wage increase has an effect. potentially, war in the world. But we only contributed to deficit reduction, So for those who tell us I am wrong are not prepared to support the regime it contributed a little bit to equity, be- and we cannot as an economic fact that we are now in internationally and cause its major deficit reduction en- take public policy steps to reduce in- equality without somehow destroying nationally, in which everyone is asked gine was an increased set of taxes on to exalt the complete and total mobil- upper income people, and we were told the economy, I will point to the two most recent examples of that, 1993 and ity of capital, both physically and le- and told and told again by the Repub- gally, in which everyone is asked to be 1995, the budget deal of 1993 and the licans that raising taxes on wealthy completely supportive of technological minimum wage bill of 1995, and the fact people would devastate the economy. change and free trade and currency ex- is we were right and they were wrong The predictions were explicit. The Wall changes, without regard to the nega- Street Journal editorial page, the Re- in both of those cases. Well, the other argument is we can- tive consequences that can have for eq- publicans, you are going to cause a re- uity. And we can have both. not afford it. There are people who said cession. You are going to increase un- We can have growth through the yes, we would like to do more, but we employment. market. We can encourage the mobil- We had a test. The Republican Party cannot afford it; to do health care, to ity and the most efficient use of cap- overwhelmingly argued that the tax in- keep the CPI as it is. What is the argu- ital, if we will, at the same time, put crease on upper income people in the ment for reducing the Consumer Price into place public policies that shelter 1993 budget deal, which CBO says con- Index? It is to cut the deficit down. working people from some of its nega- tributed 31⁄2 times as much in deficit People argue we cannot do that. tive different consequences. We can do reduction as this year’s package, the Well, here we get to an item we will that in ways which we have seen re- Republican argument was that in our talk about again next week, the mili- cently in this country which do not effort to be equitable, in our effort to tary budget. If the United States were interfere with the advantages we get raise taxes on upper income people as a not now subsidizing our Western Euro- from the market. way to cut the deficit rather than cut pean and Asian allies, we could get our But to tell us what we should get is out programs that help the poor or budget down. more trade so that capital can be more make taxes more regressive, in our ef- I want to talk here about one of the mobile, so that working Americans can fort to combine deficit reduction with great intellectual and moral failings of be more frequently threatened with the equity we were going to destroy the the people who preach to the rest of us loss of their jobs if they do not acqui- economy. about fiscal responsibility, the willful esce in a reduction in their wages or a Mr. Speaker, I cannot remember a ignoring of military overspending. cutback in their benefits, if we do not time when more people were more Why are we constantly told that we accept untrammeled trade without any wrong about a more important issue. must look to the elderly poor to cut offset, then we will say no. Exactly the opposite happened. the budget deficit? Why is it 82-year- I am pleased to see that we appear old women getting a 2-percent increase b 1600 now to be in a situation where there in their Social Security are singled out are enough of us ready to say no. We In the year after the budget of 1993, as the cause of our fiscal problems? are not saying never, Mr. Speaker. We when the Republicans predicted we Why is it not a military budget that are saying to free trade, not under would begin to see these terrible prob- continues to exceed any rational need? these conditions. We will not agree to a lems, the Federal Reserve slowed down And not just in America, but in much continuation of public policies in this the economy, because it was growing of the world. country and elsewhere which exalt the too fast, by raising interest rates. The area in the world where govern- mobility of capital and do nothing to Since that time we have continued to ments most overspend is in the mili- provide some offset for the inequality have growth, which has been not as tary. We are recently now going to sell that is exacerbated thereby. vigorous as I would like, but more vig- more arms to Latin America, to coun- In the next few weeks, Mr. Speaker, I orous than the economists tell us is tries where no gun has been fired in hope we will decide not to proceed with possible. The Republican prediction anger at anybody other than one of fast track, and instead to work to- that you could not combine equity their own citizens for anybody’s mem- gether with a package of proposals that with deficit reduction was absolutely, ory. will see that trade is accompanied, in totally wrong and disproven as conclu- The business community, shockingly addition to greater efficiency, better sively as you can prove an economic to me, preaches fiscal discipline when use of technology, greater mobility of argument. it comes to social welfare and preaches capital, with some concern for working Then we had another case. We were the virtues of cutbacks when it comes people, with some minimum standards able, this time in Republican control of to trying to alleviate poverty and hun- below which people do not go, with the House and with the support of a ger and distress. But when it comes to some concern that the competition minority of tough-minded Republicans worldwide overspending on the mili- that takes place within the world is in this regard and the overwhelming tary, the only time you hear from ele- not a competition for who can show the support of the Democrats and the ments of the business community is least concern for the environment. President, we raised the minimum when they are the people who can And I hope we will also look at what wage; not nearly enough, not enough to make some money off the overzealous. the economists said in 1993, that some October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9557 American workers will be hurt by free LEAVE OF ABSENCE (The following Members (at the re- trade. That is inevitable, and they will By unanimous consent, leave of ab- quest of Mr. FRANK of Massachusetts) be those who have the lease. Under the- sence was granted to: and to include extraneous matter:) ory of comparative advantage as it will Mr. SANDLIN (at the request of Mr. Mr. RADANOVICH. work out, Americans at the lower end GEPHARDT), for today after 1:15 p.m., on Mr. TAUZIN. of the skill chain, at the lower end of account of personal business. Mr. GINGRICH. our economic reward system, will on Mrs. MCCARTHY of New York (at the Mr. MENENDEZ. the whole benefit lessor, actually be request of Mr. GEPHARDT), for today, on Mr. CRANE. hurt, than people at the other end. account of her son’s wedding. Mr. HINOJOSA. Mr. COSTELLO. Let us accompany increased free Mr. PAYNE (at the request of Mr. Mr. HUTCHINSON. trade with measures that alleviate the GEPHARDT), for today through October Mr. PASCRELL. distress that free trade will cause 29, on account of official business. Mr. RODRIGUEZ. some, even while it is benefiting many Mr. BEREUTER (at the request of Mr. Mr. CONYERS. others, and let us try to insist to the ARMEY) for today, on account of offi- Mr. BARRETT of Wisconsin. extent that we can that other coun- cial business in his district. Mr. KILDEE. tries do well. By the way, I did want to Mr. BILIRAKIS (at the request of Mr. Mr. PAPPAS. address one other point. We are told we ARMEY) for today after 10 a.m., on ac- Mrs. TAUSCHER. cannot interfere. We shouldn’t inter- count of medical reasons. fere in their labor relations or their en- Mrs. CHENOWETH (at the request of f vironmental policies. Mr. ARMEY) for today, on account of of- SENATE BILL REFERRED ficial business. That is, Mr. Speaker, hypocritical A bill of the Senate of the following f nonsense, because many of the people title was taken from the Speaker’s who tell us that we should not accom- SPECIAL ORDERS GRANTED table and, under the rule, referred as pany our trade policies with concern By unanimous consent, permission to follows: about human rights or concern about address the House, following the legis- S. 1266. An act to interpret the term ‘‘kid- worker rights or concern about the en- lative program and any special orders naping’’ in extradition treaties to which the vironment, are perfectly prepared to United States is a party; and to the Commit- heretofore entered, was granted to: dictate to these other countries about tee on International Relations. (The following Members (at the re- how much they must respect capital. f quest of Mr. FRANK of Massachusetts) We are told that it is perfectly legiti- to revise and extend their remarks and ADJOURNMENT mate for the American Government to include extraneous material:) Mr. FRANK of Massachusetts. Mr. insist that our trading partners have a Mrs. CLAYTON, for 5 minutes, today. Speaker, I move that the House do now complete respect for property rights. I Mr. WISE, for 5 minutes, today. adjourn. agree. But to insist that we get total (The following Members (at the re- The motion was agreed to; accord- respect for property rights, for the quest of Mrs. MORELLA) to revise and ingly (at 4 o’clock and 10 minutes rights of contracts, for the rights of extend their remarks and include ex- p.m.), under its previous order, the ownership, and, on the other hand, traneous material:) House adjourned until Tuesday, Octo- claim that we cannot tell them about Mr. BEREUTER, for 5 minutes, on Oc- ber 28, 1997, at 10:30 a.m. for morning the rights of workers or environmental tober 28. hour debates. protections, is hypocritical nonsense. Mr. ENGLISH of Pennsylvania, for 5 f What it means is we will do those minutes, on October 28. things which benefit capital and en- Mr. TIAHRT, for 5 minutes, today. REPORTS OF COMMITTEES ON hance its mobility and the return on it, Mr. WOLF, for 5 minutes, today. PUBLIC BILLS AND RESOLUTIONS while doing nothing to cope with the Mr. RIGGS, for 5 minutes, today. Under clause 2 of rule XIII, reports of consequences of that. Mr. PAPPAS, for 5 minutes, today. committees were delivered to the Clerk Mrs. MORELLA, for 5 minutes, today. for printing and reference to the proper Mr. Speaker, I look forward to being f able to vote for increased trade nego- calendar, as follows: tiations. I wanted to do that as part of EXTENSION OF REMARKS Mr. HYDE: Committee on the Judiciary. H.R. 424. A bill to provide for increased man- a package which provides for the By unanimous consent, permission to health care of Americans that lose datory minimum sentences for criminals revise and extend remarks was granted possessing firearms, and for other purposes; their jobs, which makes sure to the ex- to: with an amendment (Rept. 105–344). Referred tent that we can that Americans are (The following Members (at the re- to the Committee of the Whole House on the not further disadvantaged if they are quest of Mr. FRANK of Massachusetts) State of the Union. at the low end of the spectrum, to and to include extraneous matter:) Mr. HASTINGS of Washington: Committee on Rules. House Resolution 280. Resolution make sure that Americans who lose Mr. KANJORSKI. their jobs are not left bereft of an abil- providing for consideration of the bill (H.R. Mr. DOYLE. 1270) to amend the Nuclear Waste Policy Act ity to support themselves and their Mr. VISCLOSKY. family, to make sure that working peo- of 1982 (Rept. 105–345). Referred to the House Ms. HARMAN. Calendar. ple in our trading partner countries are Mr. RUSH. Mr. SMITH of Oregon: Committee on Agri- given some reasonable hope that they Mr. CAPPS. culture. H.R. 2493. A bill to establish a mech- will be beneficiaries in the increased Mr. ETHERIDGE. anism by which the Secretary of Agriculture benefits of trade, and in the hope that Mr. KIND. and the Secretary of the Interior can provide for uniform management of livestock graz- we can clean up some of the environ- Ms. LOFGREN. ing on Federal lands; with an amendment mental abuses that would otherwise Mr. SHERMAN. occur. (Rept. 105–346, Pt. 1). Ordered to be printed. Ms. KAPTUR. Mr. YOUNG of Alaska: Committee on Re- Free trade can be a wonderful thing Mr. MCNULTY. sources. H.R. 2493. A bill to establish a mech- if its benefits are fairly shared. But we (The following Members (at the re- anism by which the Secretary of Agriculture are being asked now to provide a free quest of Mrs. MORELLA) and to include and the Secretary of the Interior can provide trade expansion which will benefit dis- extraneous matter:) for uniform management of livestock graz- proportionately those who are already Mr. BEREUTER. ing on Federal lands; with an amendment (Rept. 105–346, Pt. 2). Referred to the Com- wealthy, will do either nothing or Ms. ROS-LEHTINEN. mittee of the Whole House on the State of harm to many of those who are most Mr. HULSHOF. the Union. vulnerable, and that is a proposition, Mrs. CHENOWETH. Mr. SENSENBRENNER: Committee on Mr. Speaker, which I very much look Mr. THORNBERRY. Science. H.R. 1702. A bill to encourage the forward to joining in defeating. Mr. DAN SCHAEFER of Colorado. development of a commercial space industry H9558 CONGRESSIONAL RECORD — HOUSE October 24, 1997

in the United States, and for other purposes; into the United States, and for other pur- CALVERT, Mr. SNOWBARGER, Mr. with an amendment (Rept. 105–347). Referred poses; to the Committee on the Judiciary. HAYWORTH, Mr. HOEKSTRA, Mr. OBER- to the Committee of the Whole House on the By Mr. DOOLEY of California: STAR, Mr. MARKEY, Mr. GORDON, Mr. State of the Union. H.R. 2735. A bill to amend the Agricultural MEEHAN, Mr. DOYLE, Mr. ACKERMAN, Mr. GOODLING: Committee on Education Adjustment Act to exempt actions under- Mr. SOUDER, Mrs. EMERSON, Mr. and the Workforce. H.R. 2614. A bill to im- taken to administer a marketing order is- CUNNINGHAM, Mr. MCNULTY, Mr. prove the reading and literacy skills of chil- sued under such Act from the antitrust laws; PAPPAS, Mr. ADAM SMITH of Washing- dren and families by improving in-service in- to the Committee on the Judiciary, and in ton, Mr. INGLIS of South Carolina, structional practices for teachers who teach addition to the Committee on Agriculture, Mr. TALENT, Mr. DEFAZIO, Mr. RYUN, reading, to stimulate the development of for a period to be subsequently determined Mr. WICKER, Mr. CRAPO, and Mr. HAN- more high-quality family literacy programs, by the Speaker, in each case for consider- SEN): to support extended learning-time opportu- ation of such provisions as fall within the ju- H. Con. Res. 176. Concurrent resolution ex- nities for children, to ensure that children risdiction of the committee concerned. pressing the sense of the Congress that the can read well and independently not later By Mr. GIBBONS: RussianFederation should preserve and pro- than third grade, and for other purposes; H.R. 2736. A bill to amend the Omnibus tect the rights and freedoms currently af- with an amendment (Rept. 105–348). Referred Taxpayer Bill of Rights to clarify that forded those of religious faith under the Rus- to the Committee of the Whole House on the quotas and goals shall not be used as a basis sian Constitution; to the Committee on State of the Union. for evaulating Internal Revenue Services International Relations. employees; to the Committee on Ways and f By Mr. MINGE: Means. H. Con. Res. 177. Concurrent resolution rec- PUBLIC BILLS AND RESOLUTIONS By Mr. HINOJOSA: ognizing the Hermann Monument and Her- H.R. 2737. A bill to redesignate the Federal mann Heights Park in New Ulm, Minnesota, Under clause 5 of Rule X and clause 4 facilities located at 2413 East Highway 83, as a national symbol of the contributions of of Rule XXII, public bills and resolu- and 2301 South International Boulevard, in Americans of German heritage; to the Com- tions were introduced and severally re- Weslaco, Texas, as the ‘‘Kika de la Garza mittee on Resources. ferred, as follows: Subtropical Agricultural Research Center‘‘; By Mr. COSTELLO (for himself, Mr. to the Committee on Agriculture. By Mr. TANNER: RUSH, Mr. SHIMKUS, Mr. LAHOOD, Mr. By Ms. KAPTUR (for herself, Mr. LIPIN- H.R. 2730. A bill to designate the Federal LIPINSKI, Mr. EWING, Mr. JACKSON, SKI, Mr. RUSH, Mr. DELLUMS, and Mr. building located at 309 North Church Street Mr. HYDE, Mr. WELLER, Mr. HEFNER): in Dyersburg, Tennessee, as the ‘‘Jere Cooper BLAGOJEVICH, Mr. GUTIERREZ, Mr. H.R. 2738. A bill to amend the Agricultural Federal Building‘‘; to the Committee on EVANS, Mr. DAVIS of Illinois, Mr. Fair Practices Act of 1967 to provide for the Transportation and Infrastructure. HASTERT, Mr. POSHARD, and Mr. accreditation of associations of agricultural By Mr. TAUZIN (for himself, Mr. YATES): producers, to promote good faith bargaining CRAMER, Mr. BURR of North Carolina, H. Res. 281. A resolution to express support between such accredited associations and the Mr. BACHUS, Mr. BAESLER, Mr. for an interpretive site near Wood River, Illi- handlers of agricultural products, and to BARRETT of Wisconsin, Mr. BERRY, nois, as the point of departure for the Lewis strengthen the enforcement authorities to Mr. BILIRAKIS, Mr. BRYANt, Mr. CAMP, and Clark Expedition; to the Committee on respond to violations of the Act; to the Com- Mr. CANADY of Florida, Mr. CARDIN, Resources. mittee on Agriculture. Mr. CHAMBLISS, Mrs. CLAYTON, Mr. f By Mr. MCDADE: CLEMENT, Mr. CLYBURN, Mr. COBLE, H.R. 2739. A bill to amend title 28, United PRIVATE BILLS AND Mr. DICKEY, Mr. DICKS, Mr. DUNCAN, States Code, to create a Judicial Conduct RESOLUTIONS Ms. DUNN of Washington, Mr. Board and a Court of Judicial Discipline to EHLERS, Mrs. FOWLER, Mr. FOX of investigate and make determinations with Under clause 1 of Rule XXII, private Pennsylvania, Mr. FRANKS of New respect to complaints regarding judicial dis- bills and resolutions of the following Jersey, Mr. FROST, Mr. GILLMOR, Mr. cipline; to the Committee on the Judiciary. titles were introduced and severally re- GOODLING, Mr. GORDON, Mr. GREEN, By Mr. MCINNIS (for himself, Mr. COX ferred, as follows: Mr. HEFLEY, Mr. HEFNER, Mr. of California, and Mr. MCHALE): HILLEARY, Mr. HOLDEN, Mr. INGLIS of By Mr. DELAHUNT: H.R. 2740. A bill to limit attorneys’ fees in H.R. 2731. A bill for the relief of Roy South Carolina, Ms. KAPTUR, Mrs. the tobacco settlement; to the Committee on KENNELLY of Connecticut, Mr. KLUG, Desmond Moser; to the Committee on the the Judiciary. Judiciary. Mr. LATHAM, Mr. LATOURETTE, Mr. By Mr. MCKEON (for himself, Mr. LINDER, Mr. LIVINGSTON, Mr. LUTHER, By Mr. DELAHUNT: HERGER, Mr. DREIER, Mrs. EMERSON, H.R. 2732. A bill for the relief of John Mr. MANTON, Mr. MANZULLO, Mr. Mr. CALVERT, Mr. CUNNINGHAM, Mr. Andre Chalot; to the Committee on the Judi- MATSUI, Mr. MCINNIS, Mr. MCINTYRE, GALLEGLY, Mr. HORN, Mr. LEWIS of ciary. Mr. MINGE, Mr. NETHERCUTT, Mr. California, and Mr. ROGAN): By Mr. GEKAS: NEY, Mrs. NORTHUP, Mr. NORWOOD, H.R. 2741. A bill to provide a conditional H.R. 2744. A bill for the relief of Chong Ho Mr. PICKERING, Mr. PRICE of North exemption under section 404 of the Federal Kwak; to the Committee on the Judiciary. Carolina, Mr. REGULA, Mr. Water Pollution Control Act, relating to dis- By Mr. YATES: ROHRABACHER, Ms. ROYBAL-ALLARD, charges of dredged or fill material, for main- H.R. 2745. A bill for the relief of Sylvester Mr. ROYCE, Mr. SANDLIN, Mr. SAW- tenance of certain flood control projects; to Flis; to the Committee on the Judiciary. YER, Mr. DAN SCHAEFER of Colorado, the Committee on Transportation and Infra- f Mr. SENSENBRENNER, Mr. SISISKY, Mr. structure. SKAGGS, Mr. SKEEN, Mr. SMITH of Or- By Mr. YOUNG of Alaska (by request): ADDITIONAL SPONSORS egon, Mr. SPRATT, Mr. TANNER, Mr. H.R. 2742. A bill to provide for the transfer TORRES, Mr. TOWNS, Mr. UPTON, Mr. of public lands to certain California Indian Under clause 4 of rule XXII, sponsors WAMP, Mr. WATKINS, Mr. WHITFIELD, Tribes; to the Committee on Resources. were added to public bills and resolu- and Mr. WICKER): By Mr. YOUNG of Alaska (by request): tions as follows: H.R. 2733. A bill to amend the Comprehen- H.R. 2743. A bill to reduce the fractionated H.R. 7: Mr. ENSIGN. sive Environmental Response, Compensa- ownership of Indian lands, and for other pur- H.R. 38: Mr. GOSS. tion, and Liability Act of 1980 to clarify li- poses; to the Committee on Resources. H.R. 40: Ms. WATERS, Mr. RANGEL, and Mr. ability under that Act for certain recycling By Mr. HUNTER (for himself and Mr. POSHARD. transactions; to the Committee on Com- CUNNINGHAM): H.R. 44: Mr. FALEOMAVAEGA. merce, and in addition to the Committee on H. Con. Res. 175. Concurrent resolution ex- H.R. 65: Mr. KENNEDY of Rhode Island, and Transportation and Infrastructure, for a pe- pressing the sense of Congress regarding the Mr. WELDON of Florida. riod to be subsequently determined by the need for a comprehensive management strat- H.R. 84: Mr. DINGELL. Speaker, in each case for consideration of egy to save the tundra from continued exces- H.R. 107: Mr. LOBIONDO, Mrs. CHENOWETH, such provisions as fall within the jurisdic- sive depredations by the mid-continent less- and Mr. PICKETT. tion of the committee concerned. er snow goose; to the Committee on Re- H.R. 123: Mr. STENHOLM, Mr. FAWELL, Mr. By Mr. BARR of Georgia (for himself, sources. MCINNIS, and Mr. QUINN. Mr. SESSIONS, Mr. GOODE, Mr. BARTON By Mr. HUTCHINSON (for himself, Mr. H.R. 145: Mr. BOEHLERT, Mr. HINCHEY, Mrs. of Texas, Mr. WISE, Mr. BUNNING of DELAY, Mr. BLUNT, Mr. WATTS of KENNELLY of Connecticut, Mr. MENENDEZ, Kentucky, Mr. BARTLETT of Mary- Oklahoma, Mr. WOLF, Mr. PITTS, Mr. Ms. STABENOW. land, Mr. NORWOOD, Mr. BARCIA of EHLERS, Mr. ROHRABACHER, Mr. BOB H.R. 218: Mr. CHRISTENSEN and Mr. TIAHRT. Michigan, Mr. CUNNINGHAM, Mr. SCHAFFER, Mr. HOYER, Mr. HORN, Mr. H.R. 251: Mr. KLUG and Mr. MCINTYRE. WATTS of Oklahoma, and Mr. BRADY): ADERHOLT, Mr. PICKERING, Mr. COOK, H.R. 339: Mr. KANJORSKI. H.R. 2734. A bill to clarify the standard re- Ms. SANCHEZ, Mr. WHITFIELD, Mr. H.R. 399: Ms. DUNN of Washington and Mr. quired for the importation of sporting arms KING of New York, Mr. RUSH, Mr. MCINTYRE. October 24, 1997 CONGRESSIONAL RECORD — HOUSE H9559

H.R. 438: Mr. POSHARD. H.R. 2649: Mr. SERRANO. H. Res. 279: Ms. EDDIE BERNICE JOHNSON of H.R. 620: Mr. BOB SCHAFFER. H.R. 2650: Mr. MURTHA, Mr. NEAL of Massa- Texas, Ms. PELOSI, Mrs. KELLY, Mrs. LOWEY, H.R. 716: Mr. CAMPBELL. chusetts, and Mr. SERRANO. Mrs. MALONEY of New York, Ms. DEGETTE, H.R. 789: Mr. SANFORD. H.R. 2676: Mr. BLILEY, Mr. SHERMAN, Mr. Ms. NORTON, Mrs. MEEK of Florida, Mr. H.R. 802: Mrs. MYRICK. HILL, Mr. PRICE of North Carolina, Mr. FRANK of Massachusetts, Mr. POSHARD, Mr. H.R. 872: Mr. CAMPBELL, Ms. HARMAN, Mrs. GREEN, Mr. COOK, Mr. CANNON, Mr. SALMON, DELLUMS, and Mr. HOYER. JOHNSON of Connecticut, Mr. SHERMAN, and Mr. BALDACCI, Mr. GOODLING, Mr. ETHERIDGE, f Mr. WELDON of Pennsylvania. Mr. GILCHREST, Mr. ADAM SMITH of Washing- H.R. 991: Ms. SLAUGHTER. ton, Mr. CALVERT, Mr. RIGGS, Mr. BENTSEN, DELETIONS OF SPONSORS FROM H.R. 992: Mr. GALLEGLY. Mr. LOBIONDO, and Mr. BARR of Georgia. PUBLIC BILLS AND RESOLUTIONS H.R. 1010: Mr. STENHOLM, Mr. ENSIGN, Mr. H. Con. Res. 6: Mr. BROWN of Ohio and Mr. CRAMER, and Ms. DANNER. LAZIO of New York. Under clause 4 of rule XXII, sponsors H.R. 1166: Mr. GIBBONS, Ms. PELOSI, Mr. H. Con. Res. 80: Mr. KANJORSKI and Mr. were deleted from public bills and reso- CUMMINGS, Mr. TRAFICANT, Mr. RODRIGUEZ, CONDIT. lutions as follows: and Mr. NEY. H. Con. Res. 126: Mr. PITTS and Mr. HYDE. H.R. 2527: Mr. FRANK of Massachusetts and H.R. 1174: Mr. LEVIN, Mr. DICKEY, Mr. SABO, H. Con. Res. 159: Mr. EVANS, Mr. ROTHMAN, Mrs. MORELLA. and Mr. HOBSON. Mr. HINCHEY, Mr. WEYGAND, Mr. KUCINICH, H.R. 1194: Mr. SESSIONS and Mr. EHLERS. and Mr. STUPAK. f H.R. 1195: Mr. SESSIONS and Mr. EHLERS. H. Res. 37: Mr. SERRANO. H.R. 1356: Mr. JENKINS. H. Res. 83: Mr. FALEOMAVAEGA. DISCHARGE PETITIONS H.R. 1407: Mr. LARGENT. H. Res. 139: Mr. TIAHRT and Mr. HILLEARY. Under clause 3, rule XXVII the fol- H.R. 1415: Mr. ROMERO-BARCELO, Mr. H. Res. 211: Mr. ARCHER, Mr. ADERHOLT, lowing discharge petitions were filed: MALONEY of Connecticut, Mr. CALVERT, Mr. Mr. BALLENGER, Mr. BARRETT of Nebraska, Petition 3, October 24, 1997, by Mr. HANSEN, Mr. HORN, and Mr. GANSKE. Mr. BARTLETT of Maryland, Mr. BUNNING of BAESLER on House Resolution 259, has been H.R. 1507: Mr. DIAZ-BALART. Kentucky, Mr. BURR of North Carolina, Mr. signed by the following Members: Scotty H.R. 1625: Mr. WHITE, Mr. ARCHER, Mr. BURTON of Indiana, Mr. CALVERT, Mr. CAMP, Baesler, Lucille Roybal-Allard, David E. LARGENT, and Mr. SENSENBRENNER. Mrs. CHENOWETH, Mr. COMBEST, Mr. CRAPO, Bonior, David Minge, Christopher Shays, H.R. 1679: Mr. LANTOS and Mr. Ms. DANNER, Mr. DEAL of Georgia, Mr. Martin T. Meehan, Pat Danner, Carrie P. FALEOMAVAEGA. DOYLE, Mrs. FOWLER, Mr. HEFLEY, Mr. Meek, Vic Fazio, Charles W. Stenholm, Bob H.R. 1836: Mr. WYNN, Ms. NORTON, Mr. HERGER, Mr. HOEKSTRA, Mr. HOSTETTLER, Mr. Etheridge, Thomas H. Allen, Eddie Bernice FORD, Mrs. MORELLA, and Mr. WAXMAN. ISTOOK, Mr. LATOURETTE, Mr. LEWIS of Ken- Johnson, Jesse L. Jackson, Jr., Marge Rou- H.R. 1872: Mr. NORWOOD and Ms. MCCARTHY tucky, Mr. MCINTOSH, Mr. MOLLOHAN, Mrs. of Missouri. MYRICK, Mr. NETHERCUTT, Mr. NEY, Mr. PE- kema, Barbara B. Kennelly, Marion Berry, H.R. 1984: Mr. RODRIGUEZ. TERSON of Pennsylvania, Mr. POMBO, Mr. Patrick J. Kennedy, Calvin M. Dooley, John H.R. 1995: Ms. LOFGREN, Mr. FAZIO of Cali- OXLEY, Mr. PITTS, Mr. RILEY, Mr. Elias Baldacci, Robert E. Wise, Jr., Robert fornia, Mr. OLVER, Ms. MILLENDER-MCDON- ROHRABACHER, Mr. SESSIONS, Mr. BOB SCHAF- A. Weygand, John W. Olver, Ron Kind, Julia ALD, Mr. EHLERS, and Mr. PALLONE. FER, Mr. STUMP, Mr. UPTON, Mr. WAMP, Mr. Carson, James P. McGovern, Bart Stupak, H.R. 2023: Ms. MILLENDER-MCDONALD. WATTS of Oklahoma, Mr. BACHUS, Mr. DICK- Karen L. Thurman, Ted Strickland, Max H.R. 2029: Mr. RADANOVICH. EY, Ms. DUNN of Washington, Mrs. EMERSON, Sandlin, Jay W. Johnson, Alcee L. Hastings, H.R. 2090: Mr. STUPAK. Mr. FRELINGHUYSEN, Mr. GREEN, Mr. HAST- William J. Coyne, Elizabeth Furse, Nydia M. H.R. 2139: Mr. MCGOVERN and Mr. STUMP. INGS of Washington, Mr. HAYWORTH, Mr. SAM Velazquez, Sam Gejdenson, Lane Evans, H.R. 2163: Mr. SAM JOHNSON. JOHNSON, Mr. LAHOOD, Mr. LINDER, Mr. Silvestre Reyes, Sidney R. Yates, Lloyd H.R. 2183: Mr. SCARBOROUGH. LUCAS of Oklahoma, Mr. MCKEON, Mr. MICA, Doggett, John S. Tanner, W. G. (Bill) Hefner, H.R. 2221: Mr. CALLAHAN, Mr. LATOURETTE, Mr. PEASE, Mr. QUINN, Mr. RIGGS, Mr. SMITH George Miller, Karen McCarthy, John Lewis, and Mr. CUNNINGHAM. of Michigan, Mr. SOUDER, Ms. STABENOW, Mr. Thomas C. Sawyer, Bill Luther, Diana H.R. 2321: Ms. STABENOW. TALENT, Mr. THORNBERRY, Mr. TRAFICANT, DeGette, Earl Pomeroy, Earl Blumenauer, H.R. 2327: Mr. TIAHRT, Mr. RILEY, Mr. SAM Mr. WELDON of Florida, Mr. BARCIA of Michi- Louise McIntosh Slaughter, James H. JOHNSON, Mr. ARCHER, Mr. SESSIONS, and Mr. gan, Mr. BONILLA, Mr. CALLAHAN, Mr. Maloney, Neil Abercrombie, Darlene Hooley, METCALF. CHAMBLISS, Mr. CHRISTENSEN, Mr. COLLINS, Ruben Hinojosa, Richard A. Gephardt, Ste- H.R. 2351: Mr. KUCINICH, Ms. MILLENDER- Mr. DOOLEY of California, Mr. DUNCAN, Mr. ven R. Rothman, Gene Green, Nick Lampson, MCDONALD, and Mr. RAHALL. HANSEN, Mr. HASTERT, Mr. KINGSTON, Mr. William J. Jefferson, Sanford D. Bishop, Jr., H.R. 2365: Mr. HOUGHTON and Mr. MCNULTY. METCALF, and Mr. JENKINS. Carolyn C. Kilpatrick, Juanita Millender- H.R. 2397: Mr. PICKERING, Mr. PETERSON of H. Res. 231: Mr. LANTOS. McDonald, Vic Snyder, Bruce F. Vento, Ellen Pennsylvania, Mr. HINOJOSA, Mr. HOLDEN, H. Res. 248: Mr. KILDEE. O. Tauscher, Carolyn B. Maloney, Marcy and Mr. BURR of North Carolina. H. Res. 267: Mr. BOB SCHAFFER, Mr. PAXON, Kaptur, Melvin L. Watt, Lynn C. Woolsey, H.R. 2408: Ms. CHRISTIAN-GREEN, Mr. FORD, Mr. CHAMBLISS, Mr. NUSSLE, Mr. BOEHNER, Nancy Pelosi, John F. Tierney, Thomas M. and Mr. BROWN of California. Mr. JENKINS, Mr. MANZULLO, Mr. QUINN, Mr. Barrett, Ike Skelton, Gary L. Ackerman, Zoe H.R. 2432: Mr. MANTON and Mr. COBLE. ABERCROMBIE, Mr. MICA, Mrs. FOWLER, Mr. Lofgren, Jim McDermott, Danny K. Davis, H.R. 2454: Mr. KUCINICH and Mr. CONDIT. SPENCE, Mr. GILCHREST, Mr. WATKINS, Mr. Lynn N. Rivers, Loretta Sanchez, Mike H.R. 2457: Mr. KUCINICH and Mr. CONDIT. GOODLING, Mr. MCHUGH, Mr. GOSS, Mr. CAL- McIntyre, Gary A. Condit, Leonard L. Bos- H.R. 2468: Mr. CLAY. LAHAN, Mr. LINDER, Mr. DUNCAN, Mr. well, Elijah E. Cummings, Joseph P. Ken- H.R. 2481: Mr. UPTON and Mr. ADAM SMITH CUNNINGHAM, Mr. STUMP, Mr. COLLINS, Mr. nedy II, Ciro D. Rodriguez, Robert E. An- of Washington. LIVINGSTON, Mr. CHRISTENSEN, Mr. HORN, Mr. drews, Robert A. Borski, Ken Bentsen, David H.R. 2483: Mr. COOK, Mr. REDMOND, Mr. BATEMAN, Mrs. ROUKEMA, Mr. YOUNG of Alas- E. Price, David E. Skaggs, Jane Harman, GOODLATTE, Mr. BONILLA, Mr. THUNE, and ka, Mr. REGULA, Mr. LATOURETTE, Mr. SHU- Earl F. Hilliard, John M. Spratt, Jr., Bobby Mr. LIVINGSTON. STER, Mr. ARCHER, Mr. EWING, Mr. SISISKY, L. Rush, Rod R. Blagojevich, John J. La- H.R. 2519: Ms. CARSON. Mr. PICKETT, Mr. HEFLEY, Mr. PETERSON of Falce, Sheila Jackson-Lee, Henry A. Wax- H.R. 2596: Mr. SMITH of Oregon and Mr. Pennsylvania, Mr. GUTKNECHT, Mr. HILL, Ms. man, Norman Sisisky, James P. Moran, WELLER. DUNN of Washington, Mr. PICKERING, Mr. James E. Clyburn, Patsy T. Mink, Anna G. H.R. 2602: Ms. WOOLSEY. CASTLE, Mr. TRAFICANT, Mr. RIGGS, Mrs. EM- Eshoo, Robert T. Matsui, Sam Farr, Maurice H.R. 2604: Mr. HULSHOF, Mr. LARGENT, Mr. ERSON, Mr. COOKSEY, Mr. BUNNING of Ken- D. Hinchey, Luis V. Gutierrez, Jose E. HAYWORTH, Mr. CALVERT, Mr. YATES, Mr. RA- tucky, Mr. GOODE, Mr. LEWIS of Kentucky, Serrano, Nita M. Lowey, Barney Frank, John HALL, Mr. PICKETT, Ms. FURSE, Ms. EDDIE Mr. BRYANT, Mr. SHAW, Mr. PORTER, Mr. D. Dingell, Peter A. DeFazio, Michael R. BERNICE JOHNSON of Texas, Mr. CLYBURN, Ms. GREENWOOD, Mr. TIAHRT, Mr. SAM JOHNSON, McNulty, Chaka Fattah, Collin C. Petersen, MILLENDER-MCDONALD, Mr. SHAYS, and Mr. Mrs. KELLY, Mr. FORBES, Mr. GALLEGLY, Mr. Sander M. Levin, Owen B. Pickett, Robert BOEHLERT. SKEEN, Mr. HOSTETTLER, Mr. MCCOLLUM, Mr. Menendez, Benjamin L. Cardin, Frank H.R. 2606: Mr. GREEN and Mr. HINOJOSA. CANNON, Mr. DELAY, Mr. POMBO, Mr. KIND of Pallone, Jr., William O. Lipinski, Bill H.R. 2613: Mr. FROST, Mrs. CLAYTON, Mr. Wisconsin, Mr. LEWIS of California, Mr. Pascrell, Jr., Maxine Waters, Steny H. BURR of North Carolina, Mr. HEFNER, Mr. MCKEON, Mr. DOOLITTLE, Mr. BALLENGER, Hoyer, Chet Edwards, Harold E. Ford, Jr., KLUG, Mr. SANDLIN, Mr. MCINTYRE, and Mr. Mr. SMITH of Texas, Mr. SESSIONS, Mr. TAL- Bob Clement, Tom Lantos, Eva M. Clayton, EVANS. ENT, Mr. NORWOOD, Mr. DEAL of Georgia, Mr. William D. Delahunt, Esteban Edward H.R. 2614: Mrs. ROUKEMA, Mr. MCKEON, Mr. BARR of Georgia, Mr. EVERETT, Mr. Torres, Bob Filner, Jim Turner, Floyd H. RIGGS, Mr. GREENWOOD, Mr. NORWOOD, and SCARBOROUGH, Mr. MCCRERY, and Mr. YOUNG Flake, Paul McHale, Sherrod Brown, Thomas Ms. DANNER. of Florida. J. Manton, Major R. Owens, Adam Smith, H.R. 2626: Mr. BOSWELL and Mr. FOX of H. Res. 268: Mr. WATTS of Oklahoma and Eliot L. Engel, Fortney Pete Stark, Howard Pennsylvania. Mr. GIBBONS. L. Berman, Allen Boyd, Walter H. Capps, H.R. 2637: Mr. METCALF, Mr. COSTELLO, and H. Res. 275: Mr. BARR of Georgia, Mr. Charles E. Schumer, Virgil H. Goode, Jr., Mr. MANZULLO. NETHERCUTT, and Mr. SOUDER. Cynthia A. McKinney, Thomas M. Foglietta, H9560 CONGRESSIONAL RECORD — HOUSE October 24, 1997 Robert E. (Bud) Cramer, Jr., Christopher DISCHARGE PETITIONS— Petition 2 by Mr. PETERSON of Minnesota John, Ronald V. Dellums, Bernard Sanders, ADDITIONS OR DELETIONS on H.R. 1984: Bill Barrett and Stephen E. Debbie Stabenow, Brad Sherman, Solomon Buyer. P. Oritz, Dennis J. Kucinich, Corrine Brown, The following Members added their Xavier Becerra, Jerrold Nadler, George E. names to the following discharge peti- Brown, Jr., Gerald D. Kleczka, Robert Wexler, Edward J. Markey, Glenn Poshard, tions: Paul E. Kanjorski, Jim Davis, and Bart Gor- don. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, FRIDAY, OCTOBER 24, 1997 No. 145 Senate The Senate met at 9:45 a.m., and was SCHEDULE ate that debate on the modified com- called to order by the President pro Mr. ROBERTS. Mr. President, this mittee amendment to S. 1173, a bill to tempore [Mr. THURMOND]. morning the Senate will immediately authorize funds for construction of begin a cloture vote on the committee highways, for highway safety pro- PRAYER amendment to the ISTEA legislation. grams, and for mass transit programs, The Chaplain, Dr. Lloyd John It is the leader’s hope that cloture will and for other purposes, shall be Ogilvie, offered the following prayer: be invoked. Let me repeat that. It is brought to a close? Father, You always are right, just, the leader’s hope that cloture will be The yeas and nays are required under and fair. Your fairness is the result of invoked and the Senate will be able to the rule. The clerk will call the roll. Your righteousness and justice. Today, consider and dispose of highway-re- we pray for the character pillar of fair- lated amendments. If cloture is not in- The legislative clerk called the roll. ness, of fairness for our own lives. Help voked, the Senate may consider any Mr. NICKLES. I announce that the us to play by Your rules of absolute available appropriations conference re- Senator from New Mexico [Mr. DOMEN- honesty, purity, and love. We not only ports—possibly the Interior conference ICI], the Senator from Oklahoma [Mr. want to do to others what we would report. Therefore, additional votes may INHOFE], the Senator from Arizona [Mr. want them to do to us, but we want to occur during today’s session. KYL], the Senator from Arizona [Mr. treat others as You have treated us. As always, all Members will be noti- MCCAIN], the Senator from Wyoming fied as additional schedule information Thank You that we have Your com- [Mr. ENZI], and the Senator from Utah becomes available in regard to votes mandments and Your truth in the [Mr. HATCH] are necessarily absent. Bible as our guide. You have taught us today, and the leader will update all Mr. FORD. I announce that the Sen- not only to meet but to go beyond the Senators later today as to the schedule ator from Iowa [Mr. HARKIN] and the just standard. May we be distinguished for Monday’s session. Senator from Minnesota [Mr. for our generosity in exceeding what is f WELLSTONE] are necessarily absent. expected. CLOTURE MOTION May our expression of the character I further announce that, if present The PRESIDENT pro tempore. Under trait of fairness also include our judg- and voting, the Senator from Min- the previous order, pursuant to rule ments of other people and what we say nesota [Mr. WELLSTONE] would vote XXII, the Chair lays before the Senate ‘‘no.’’ about them. Forgive us when our eval- the pending cloture motion, which the uations of people are polluted by pride, clerk will report. The yeas and nays resulted—yeas 43, envy, or competitiveness. Remind us of The assistant legislative clerk read nays 49, as follows: the power of words to assassinate other as follows: [Rollcall Vote No. 278 Leg.] people’s characters. When we can say CLOTURE MOTION nothing positive, may we say nothing. We, the undersigned Senators, in accord- YEAS—43 Lord, You know the strength of this ance with the provisions of rule XXII of the Abraham Faircloth McConnell pillar of character called fairness. It is Standing Rules of the Senate, hereby move Allard Frist Murkowski tested when people are unfair in what to bring to a close debate on the modified Ashcroft Gorton Nickles they say about us or are unfair in their committee amendment to S. 1173, the Inter- Bennett Gramm Roberts Bond Grams dealings with us. Our temptation is to modal Surface Transportation Efficiency Roth Act: Brownback Grassley Sessions retaliate, but we know that resentment Burns Gregg Trent Lott, John H. Chafee, Pat Roberts, Shelby fired by retaliation usually results in Campbell Hagel Smith (NH) Slade Gorton, Jon Kyl, Dan Coats, Ted Chafee Helms Smith (OR) recrimination. Help us break that cycle Stevens, Mitch McConnell, Mike Coats Hutchinson Stevens by being fair by Your standards and DeWine, John W. Warner, Larry E. Cochran Hutchison Thomas with Your strength. Through our Lord Craig, Don Nickles, Jesse Helms, Coverdell Jeffords Craig Kempthorne Thurmond and Saviour. Amen. Chuck Hagel, Dirk Kempthorne, Lauch Warner Faircloth. D’Amato Lott f DeWine Lugar CALL OF THE ROLL RECOGNITION OF THE ACTING The PRESIDENT pro tempore. By NAYS—49 MAJORITY LEADER unanimous consent, the quorum call Akaka Bryan Daschle The PRESIDENT pro tempore. The has been waived. Baucus Bumpers Dodd Biden Byrd Dorgan able acting majority leader, the distin- VOTE Bingaman Cleland Durbin guished Senator from Kansas, is recog- The PRESIDENT pro tempore. The Boxer Collins Feingold nized. question is, Is it the sense of the Sen- Breaux Conrad Feinstein

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

S11173

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VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11174 CONGRESSIONAL RECORD — SENATE October 24, 1997 Ford Lautenberg Robb SUPPORT OF THE FEDERAL MARI- during subsequent rounds of talks with Glenn Leahy Rockefeller TIME COMMISSION REGARDING the WTO starting in the year 2000. No Graham Levin Santorum Hollings Lieberman Sarbanes JAPANESE PORT PRACTICES agreement is better than a bad agree- Inouye Mack Snowe Mr. BREAUX. Mr. President, I will ment. This is a clear example that Johnson Mikulski Specter just use this time to make a comment what the U.S. Trade Representative did Kennedy Moseley-Braun Thompson at that time was appropriate and prop- Kerrey Moynihan Torricelli about a resolution that is soon to be Kerry Murray er. Wyden introduced in a bipartisan fashion, Kohl Reed Finally, I believe any agreement on Landrieu Reid dealing with trade practices between our country and the country of Japan. the port practices dispute involving the NOT VOTING—8 As many may have recognized recently United States and the country of Japan Domenici Hatch McCain in the news, we have been involved in a must include two fundamental points: Enzi Inhofe Wellstone very long and very serious dispute with First, a collection of fines to the extent Harkin Kyl the country of Japan regarding access, it shows other countries around the The PRESIDING OFFICER. On this opening up their ports to our industries world, not only Japan, that the United vote the yeas are 43, the nays are 49. the same way that our American ports States is very serious about reciprocal Three-fifths of the Senators duly cho- are open to Japanese ships when they market access and compliance with our sen and sworn not having voted in the call on United States ports here in this laws; and, second, a vigilant, continued affirmative, the motion is rejected. country. This dispute has been going monitoring and enforcement by the The Senator from Rhode Island is on for a number of years. It has gotten Federal Maritime Commission of the recognized. to be very, very serious. changes in port practices promised by the Government of Japan. Both of Mr. CHAFEE. Mr. President, I sug- We will soon be introducing a resolu- these two elements are absolutely es- gest the absence of a quorum. tion. We have talked to Chairman HELMS and Majority Leader LOTT and sential for any type of credible agree- The PRESIDING OFFICER. The ment. The Federal Maritime Chairman, clerk will call the roll. our Democratic leader, TOM DASCHLE. I know Senator HOLLINGS is very inter- Hal Creel, the Federal Maritime Com- The legislative clerk proceeded to ested in this as well. We worked on a missioners, Ming Hsu, Del Won, Joe call the roll. resolution, which will be introduced, Scroggins and their staffs are to be Mr. BREAUX. Mr. President, I ask which will commend the administra- commended for their extraordinary ef- unanimous consent that the order for tion and also the Federal Maritime forts to resolve this matter in a firm the quorum call be rescinded. Commission for their efforts to date in and fair manner. Likewise, I commend The PRESIDING OFFICER. Without bringing this 15-year problem with the our State Department Undersecretary objection, it is so ordered. Japanese port practices to a successful for Economic Affairs Stu Eisenstadt Mr. BREAUX. Mr. President, I would conclusion. Since the press and many and his staff. They are to be com- just ask, what is the order of business of my colleagues have already ade- mended for their perseverance in this for the Senate? quately described the history of the matter. Japanese port practices, I am not going Now is not the time, however, for f to repeat it here. But I would like to congratulations. We are not quite there make a few comments on what has yet. Negotiations are continuing. But with additional fortitude, consumers INTERMODAL SURFACE TRANS- happened. First, I think it is very important and carriers and their customers, both PORTATION EFFICIENCY ACT OF in Japan and the United States, will 1997 from this Senator’s perspective to rec- ognize that we have been able to work soon enjoy the fruits of our labors. We The PRESIDING OFFICER. The for a successful and satisfactory con- have come too far to settle for any clerk will report the pending business. clusion of this problem because of the type of mediocre agreement. We cannot The legislative clerk read as follows: strong, independent action that the and should not give up now. I think a A bill (S. 1173) to authorize funds for the Federal Maritime Commission was able solid resolution of this issue is feasible construction of highways, for highway safety to take. As an independent agency, the and I expect one to be concluded in a programs, and for mass transit programs, Federal Maritime Commission has the reasonable amount of time. and for other purposes. flexibility to carry out policies that Mr. President, if no one else is seek- The Senate resumed consideration of are good for America without having to ing recognition, I suggest the absence the bill. go through a number of steps and con- of a quorum. The PRESIDING OFFICER. The sultations with agencies within our Pending: clerk will call the roll. Chafee-Warner amendment No. 1312, to pro- Government that sometimes actually The legislative clerk proceeded to vide for a continuing designation of a metro- impede the process of quickly and ap- call the roll. politan planning organization. propriately making decisions that Mr. ABRAHAM. Mr. President, I ask Chafee-Warner amendment No. 1313 (to lan- must be made. Because of its inde- unanimous consent that the order for guage proposed to be stricken by the com- pendent status, it was able to take this the quorum call be rescinded. mittee amendment, as modified), of a per- action in a way that should bring about The PRESIDING OFFICER. Without fecting nature. what I think will be a satisfactory con- objection, it is so ordered. Chafee-Warner amendment No. 1314 (to clusion. f Amendment No. 1313), of a perfecting nature. The second point I would like to Motion to recommit the bill to the Com- make is I think it is appropriate at this THE INVESTITURE OF ERIC CLAY mittee on Environment and Public Works, with instructions. time to recognize the decision of our Mr. ABRAHAM. Mr. President, I rise Lott amendment No. 1317 (to instructions U.S. Trade Representative, Charlene today to comment on an event that of the motion to recommit), to authorize Barshefsky, last year, to refuse to com- will be taking place in Detroit, MI, a funds for construction of highways, for high- mit the United States to an inadequate little later on this morning. Unfortu- way safety programs, and for mass transit GATS maritime agreement. Had the nately, because of our votes today, it programs. United States accepted that proposal was not possible for me to attend what Lott amendment No. 1318 (to Amendment last year, which was a so-called stand- will be the investiture of Eric Clay, of No. 1317), to strike the limitation on obliga- still proposal, these same Japanese Michigan, to become a judge on the tions for administrative expenses. port barriers would have been grand- Sixth Circuit Court of Appeals. I Mr. BREAUX. Mr. President, I ask fathered in and would have been recog- worked on behalf of Mr. Clay during unanimous consent, if no one else is nized as the international law of the the nomination process. It was a long waiting to speak, that I be allowed to land. The Federal Maritime Commis- and arduous one. Although his nomina- speak as in morning business for up to sion, including the rest of the U.S. tion was first sent up here in 1996, be- 3 minutes. Government, would have then been cause of various factors we did not The PRESIDING OFFICER. Without powerless to do anything about them complete action on his nomination dur- objection, it is so ordered. except to try to negotiate them away ing the 104th Congress. Therefore, his

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 24, 1997 CONGRESSIONAL RECORD — SENATE S11175 nomination was sent up again at the ANOTHER TRAGEDY tragic circumstances have come to the beginning of the 105th Congress. Hap- Mr. DEWINE. Mr. President, I rise attention of the child welfare agencies. pily, after another hearing and after today to call the attention of my col- At the end of 1996, Mr. President, once again being able to seek and re- leagues to a story that appeared last over 525,000 children were in foster ceive unanimous support on the Judici- week in the Cincinnati Post. This is homes across this country. Over a ary Committee, he was confirmed by the story. The headline is: ‘‘Woman year’s time, it is estimated that 650,000 the full Senate in July of this year. Torched Nephew, Police Say—Young- children will be in a foster home for at Mr. Clay has been an able advocate of ster’s Burns Untreated for Weeks’’ least a portion of that year. And his profession. He has been a very suc- Mr. President, the article tells the shockingly, roughly 25 percent of the cessful attorney. He is one of the co- story of the awful abuse of an 8-year- children in the foster care system at founders of one of the Nation’s largest old child in the Cincinnati area. The any one time will languish in foster minority-run law firms, and a very suc- boy was set on fire—set on fire—with care longer than 4 years. And 10 per- cessful one in our State. He is well re- nail polish remover, and then sent to cent of these children will be in foster spected by people throughout the legal school for 3 weeks with his burns unat- care longer than 7 years. Mr. President, this problem has been community. So, for those reasons and tended. for a variety of others, I was delighted Cincinnati police investigated what growing for many years. It is at least in part the very unintended con- to support his nomination and to work happened to this little boy. They have sequence of a law passed by Congress in for his confirmation. now charged his aunt with child endan- 1980, a law that I have spoken on this Unhappily, as I say, I will not be able gering. They charged his aunt with set- floor I suppose at least a dozen times to be at the investiture today, but I ting him on fire—and also with abusing about since I came to the Senate. It is know his many friends and colleagues him with a belt, an extension cord, and a law that was passed in 1980 that re- are with him and will celebrate his of- shoes. quires that reasonable efforts always ficial swearing in to the Sixth Circuit Mr. President, this is an obscene be made to reunify families. In prac- Court of Appeals. As I indicated at the crime. After this woman’s arrest, it tice, Mr. President, this law has re- hearing, in any case where people was revealed that she had been charged sulted in unreasonable efforts, unrea- might not necessarily agree, as we find with a similar crime involving the sonable efforts being made to reunite ourselves perhaps occasionally in dis- same little boy 2 years before. Don’t we families that are families in name agreement on matters that come before have to ask, Mr. President, what on only, families that never should be re- the court, or before the Senate for that Earth was that woman doing taking united. Children are being sent back to care of that child or any child? Why in matter, I think he will bring strength abusive parents, abusive care givers, the world was that child put back into and competence. and many times the result is death. He served at one time as a clerk to that same home, put back with that Mr. President, I have been working Judge Damon Keith, who is currently abusive woman? to change this for almost 3 years now. Mr. President, 3 weeks ago, I rose on on the sixth circuit and has just re- Last month, along with Senators the Senate floor to tell a similar tragic cently taken senior status. And, al- CHAFEE, CRAIG, and ROCKEFELLER, and though not directly filling Judge story. That story took place in Wash- others, I introduced a bill that I hope Keith’s spot, he, I am sure, will carry ington, DC. It was the story of a little will represent the culmination of this on Judge Keith’s legacy on the bench 4-year-old girl named Monica Wheeler effort. The PASS Act—the Promotion and I think will be a fine advocate for who was found dead, beaten to death in of Adoption Safety and Support for the State of Michigan on the sixth cir- the bathroom of a man who was an ac- Abused and Neglected Children Act— cuit, and also, I think, will bring to the quaintance of her mother. Three years would make a difference. It would save Sixth Circuit Court of Appeals a great ago, one of Monica’s siblings, her young lives. It would change this 1980 deal of talent and will make a valuable brother Andre, then aged 2, was also law that I referenced. It would put an contribution. found dead in the same man’s bath- end to a tragic policy that has put par- Mr. President, I yield the floor and room. ents’ interests above the health and suggest the absence of a quorum. Mr. President, as I have come to the safety and even the survival of inno- The PRESIDING OFFICER. The floor and cautioned before, it is up to cent children. clerk will call the roll. the police and the courts to find out It would help child welfare agencies The legislative clerk proceeded to the truth about these particular cases. move faster to rescue these children. call the roll. And we should not be interested in Mr. President, every child deserves a Mr. CHAFEE. Mr. President, I ask prosecuting anyone here on the Senate better fate than being shuttled from unanimous consent that the order for floor, no matter what we think. That foster home to foster home for years on the quorum call be rescinded. certainly is what the courts are for. end. The PRESIDING OFFICER. Without But I cannot stress enough that these That is why, Mr. President, we are objection, it is so ordered. awful crimes point to a responsibility working to pass this very important f that lies with us here in Congress, the bill. Let us work together, after we responsibility to make sure we do all pass the bill, then on the next step, MORNING BUSINESS we can to stop these crimes from ever which will be to continue to try to im- Mr. CHAFEE. Mr. President, I ask happening. prove the system. unanimous consent that there now be a One thing we know for certain about But the work that is in front of us period for the transaction of morning these two cases—the Cincinnati case today, Mr. President, is to pass the business, with Senators permitted to and the Washington case, and far too PASS Act, a bill that has been worked speak for up to 10 minutes each. many other cases—is that there are too on extensively, a bill that will in fact The PRESIDING OFFICER. Without many children in this country today benefit children in two ways: One, by objection, it is so ordered. being returned to the care of people moving them quickly through the sys- Mr. CHAFEE. Mr. President, I am au- who have already abused and battered tem once they are in fact in foster care thorized to say that there will be no them, people who should not be allowed so that they do not languish in foster further votes today. to take care of these children. Children care for years on end so that they can I suggest the absence of a quorum. are being returned to homes that are have what every child needs, which is a The PRESIDING OFFICER. The homes in name only and to parents caring and loving family; and the sec- clerk will call the roll. who are parents in name only. ond thing the bill would do is save The legislative clerk proceeded to Every day in this country, three chil- lives. We will never know what child’s call the roll. dren actually die of abuse or neglect at life will be saved or how many, but I Mr. DEWINE. Mr. President, I ask the hands of a parent or their care- am convinced, after talking with case- unanimous consent that the order for takers. That is approximately 1,200 workers throughout the State of Ohio, the quorum call be rescinded. children a year who die. And almost children service agencies, and after The PRESIDING OFFICER. Without half of these children, shockingly, Mr. having talked to many people through- objection, it is so ordered. President, are killed after—after—their out this country, that the 1980 law that

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11176 CONGRESSIONAL RECORD — SENATE October 24, 1997 our bill will amend will in fact, by Mr. President, this is the sad story. A portunity by a woman who has clearly amending that law, save lives. Chinese woman living in Cleveland was demonstrated that she is unfit to take So I urge my colleagues, when this diagnosed with schizophrenia. For care of this little girl. So I urge the bill is brought to the floor, as I hope it many reasons, including this diagnosis, President, as he discusses issues with will be in the next several weeks, to it was clear that this woman was not the Chinese, to raise the issue of Mei look at this bill, to pass it, and to capable of taking care of her daughter. Mei. move on so that we can make a very In fact, they had both been evicted Mr. President, I yield the floor, and strong statement and do something from a Salvation Army shelter because at this point I suggest the absence of a very positive for America’s children. of concerns that the mother was mis- quorum. Mr. President, I yield the floor. treating the daughter. Evidence The PRESIDING OFFICER. The Mr. CHAFEE addressed the Chair. showed that the child had been seri- clerk will call the roll. The PRESIDING OFFICER. The Sen- ously neglected. So the court stepped The assistant legislative clerk pro- ceeded to call the roll. ator from Rhode Island is recognized. in and sent this child into foster care. Mr. DEWINE. Mr. President, I ask Mr. CHAFEE. Mr. President, I want By the time this little girl was 16 to thank the distinguished Senator unanimous consent that the order for months old, tragically, she has been in the quorum call be rescinded. from Ohio very much for the work he four foster homes. has done on this legislation, the sup- The PRESIDING OFFICER. Without The natural mother was allowed vis- objection, it is so ordered. port he has given it, the kind things he iting rights. During one of these visits has had to say about my part in it. she abducted the child and took her to f I think it is very important to stress the People’s Republic of China. In June FDA REFORM that the Senator from Ohio has long 1997, Mr. President, the Ohio court per- Mr. DEWINE. Mr. President, I want been active in children’s matters, par- manently terminated the birth moth- to discuss today an important issue in- ticularly this area that we are involved er’s rights and awarded legal custody volving the FDA. First, let me con- with, namely, adoption and foster care. of Mei Mei—this little girl’s name—to gratulate my colleague from Arkansas, He knows the existing problems in this Mei Mei’s foster mother. Since last Oc- Senator TIM HUTCHINSON, for his fine system and has been very, very helpful tober, the foster mother, the legal work on the legislation that he has in the meetings we have had in putting guardian of this child, has been trying, just introduced. This bill that Senator this legislation together. naturally, to get Mei Mei back. She HUTCHINSON has introduced would pre- So I thank the Senator from Ohio wants to adopt Mei Mei, but her efforts vent the FDA from implementing a very much for his work. And I share his thus far have not been successful. proposed rule that is harmful and un- enthusiasm and his desire to see this Mr. President, I urge President Clin- necessary. legislation come up this year, before ton to raise the issue of this little child Mr. President, this is the story. Ear- we leave hopefully. So certainly both with the Chinese President when they lier this year, the Food and Drug Ad- of us will do everything we can. We meet. There is an adoptive family wait- ministration issued a proposed rule to have had some fine meetings with the ing in Ohio for Mei Mei. They love her accelerate the phaseout of metered- majority leader on it. Next week, we and they will be able to take good care dose inhalers that are propelled by will be meeting with the chairman of of her. I hope this problem can be re- chlorofluorocarbon gases, commonly the Finance Committee. Hopefully this solved in a positive and expeditious known as ‘‘CFC’s.’’ Essentially, Mr. legislation can come before us before way. Therefore, I urge the President to President, the FDA has proposed to ban we leave. raise this at the highest level between from the market safe and effective If there is nobody else desiring to our countries. medicines that millions of Americans speak, Mr. President, I suggest the ab- A few minutes ago on the floor I cir- use to help them breathe. For many pa- sence of a quorum. culated a letter—and a number of my tients, these medicines mean, quite lit- The PRESIDING OFFICER. The colleagues have already signed it—to erally, the difference between life and clerk will call the roll. send to President Clinton urging him death. The legislative clerk proceeded to This FDA proposed ban is not based to bring the matter up. call the roll. on concerns of safety, but rather the Mr. President, sometimes it is easy, Mr. FAIRCLOTH. Mr. President, I ban on these inhalers was put forward as we debate issues, to lose the per- ask unanimous consent that the order on the grounds that inhalers that use sonal sense about these horrible cases. for the quorum call be rescinded. CFCs deplete the Earth’s ozone layer. Sometimes we hear about statistics The PRESIDING OFFICER. Without Now, the fact is, Mr. President, that objection, it is so ordered. and sometimes we hear about stories of these inhalers have only a minimal ef- (The remarks of Mr. FAIRCLOTH per- bad things occurring, such as I have fect on ozone depletion. Asthma inhal- taining to the introduction of S. 1313 just related. ers account for only a very small part To try to bring it home, though, and are located in today’s RECORD under of this problem. It is estimated that ‘‘Statements on Introduced Bills and put a more personal face on it, let me asthma inhalers account for less than Joint Resolutions.’’) read just one paragraph that was writ- 1.5 percent of the total problem. Mr. FAIRCLOTH. Mr. President, I ten by the foster mother who wants to Perhaps more important, Mr. Presi- suggest the absence of a quorum. adopt Mei Mei. This is what she writes: dent, the companies that make these The PRESIDING OFFICER. The We have been applauded for our dedication inhalers have already agreed to develop clerk will call the roll. and uninterrupted love for Mei Mei. I can new CFC-free devices by the year 2005— The assistant legislative clerk pro- honestly tell you, however, that it was not the deadline that was previously set ceeded to call the roll. difficult. When a child enters your life and forth in the international Montreal needs to be held, you hold them. You teach Mr. DEWINE. Mr. President, I ask them to laugh, you teach them that you are Protocol. These companies are working unanimous consent that the order for there, you teach them to be gentle, you hard to bring these products to the the quorum call be rescinded. teach them that everything in life is beau- market quickly and, in fact, they think The PRESIDING OFFICER (Mr. tiful. And then when they start to see that they will beat the 2005 year deadline. THOMAS). Without objection, it is so or- life is not something to be just tolerated but So I think, Mr. President, it’s clear dered. rather to be enjoyed, they develop a sparkle that the FDA’s proposed rule to accel- f in their eye, which fuels your love further erate the phaseout of these products for them. That’s what happened with us and yields no significant benefit to the LEGAL CUSTODY OF MEI MEI with Mei Mei. global environment. What it will do, Mr. DEWINE. Mr. President, I rise So I urge, again, Mr. President, that however, is take away essential medi- this morning to draw the attention of our President, President Clinton, bring cations from Americans who depend on my colleagues to a very sad, unneces- this matter up with the Chinese. It is a these inhalers to manage serious res- sary controversy involving the Govern- small matter, I suppose. But it is a lit- piratory illnesses. ment of the United States and the Gov- tle girl; it is her life. She has an oppor- Mr. President, over 30 million Ameri- ernment of China, a controversy which tunity for a loving family to raise her. cans suffer from some type of res- also involves a little 3-year-old girl. She was snatched away from that op- piratory disease, including asthma.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 24, 1997 CONGRESSIONAL RECORD — SENATE S11177 Many of these patients rely on a com- The PRESIDING OFFICER. The Sen- Senator LEVIN and former Senator Hat- bination of inhalers to be able to func- ate is conducting morning business field and two of our colleagues in the tion normally. The FDA’s proposed pol- with Senators to speak for up to 10 other body, in a court challenge icy would limit their treatment op- minutes. against the Line-Item Veto Act. And tions and force them to switch from Mr. BYRD. I thank the Chair. he joins with me today in cosponsoring proven treatment regimens that have Mr. President, I ask unanimous con- this bill to repeal the line-item veto. been carefully adjusted to control their sent that I may speak out of order for So I am going to yield to him. I have symptoms. as long as I may require. legislation that I have prepared to re- Mr. President, asthma is a serious The PRESIDING OFFICER. Without peal this act. Senator MOYNIHAN has national health problem. The mor- objection, it is so ordered. joined with me in the preparation of bidity and mortality rates from asth- Mr. BYRD. Mr. President, I thank the legislation. And I am going to yield ma continue to increase in the United the Chair. to him because, as I understand it, he States, particularly among minority f needs to get to another appointment right away. So I gladly yield to my and inner-city children. Mr. President, THE LINE-ITEM VETO I think we have to question the FDA’s friend for as long as he wishes. I ask judgment in putting forth a proposal Mr. BYRD. Mr. President, I have that I be permitted to yield to Senator that puts these patients at further been intrigued—modestly, if I may say, MOYNIHAN without losing my right to risk. I hope others will agree with me so as not to exaggerate—at the pleth- the floor. as well. ora of complaints that are being in The PRESIDING OFFICER. Without Mr. President, the FDA has already some instances stridently expressed objection, it is so ordered. received over 10,000 letters from pa- about the President’s use of the line- The Senator from New York. tients, providers, and health care orga- item veto. I suppose what amazes me Mr. MOYNIHAN. Mr. President, it is nizations expressing concern about this so much about this matter is that all again an honor and a privilege to join issue. In a letter to Health and Human of this vast panorama of problems that with one of the great constitutionalists in the history of the U.S. Senate, ROB- Services Secretary Donna Shalala, Dr. could be expected to occur in the train ERT C. BYRD, who has written the his- C. Everett Koop, former Surgeon Gen- of passage of the Line-Item Veto Act tory of the Senate. eral of this country, wrote the fol- have been addressed time and time and time again on this Senate floor by me; I can so well remember the occasion lowing: on which that great volume was intro- This proposal will adversely impact pa- by my colleague, Senator MOYNIHAN; by my colleague, Senator LEVIN; by my duced. One of our finest American his- tient health, while providing negligible envi- torians was present saying that it is ronmental benefit. colleague, Senator REID; and many other colleagues on both sides of the difficult to understand and very hard Dr. Koop went on to state: to forgive that there has been so little Any efforts to limit the medications avail- aisle, including, of course, former Sen- ator Mark Hatfield. We spoke to the scholarly attention given to this body, able to asthma patients and their physicians to the Congress, as against the Presi- would be a serious mistake that would lead galleries here and across the land re- dency, and suggesting that it is not to severe consequences for American peatedly about what could be expected asthmatics. from the use of a President’s line-item hard to explain. There is only one President, and there are 435 of us—a Mr. President, there is another as- veto pen should such legislation be more complicated subject that comes pect to this whole issue. Under the pro- passed. We also spoke of the constitu- later in our historymaking. posed guideline, the FDA would remove tional ramifications of a line-item But I think it may be said that in the from the market products that have veto. At the time, I felt that in all history of relations between the Con- been tested and labeled for use in chil- probability our expressions of concern gress and the Presidency there has dren and replace them with CFC-free were falling upon deaf ears. never been an issue equal in impor- versions that while containing the So of late it has been brought home tance to the constitutional challenge same active ingredients have not been to me very clearly that although one we face with the Line-Item Veto Act. tested or approved for use by children. may speak with stentorian voice, as I think of difficulties in the past. They have not been tested or approved with the combined voices of 50 men or There have been clashes between the for pediatric use. Mr. President, asth- as if his lungs were of brass, there will Executive and the legislative. There ma is the leading cause of chronic ill- nonetheless be ears that will not hear, are meant to be, sir, I presume to tell ness among children—5 million chil- there will be eyes that will not see, and you. dren suffer from asthma today. How in there will apparently be minds that Madison and Hamilton, when they the world can the FDA remove prod- will not think. explained the Constitution to the peo- ucts from the market which are proven So one is left with very little con- ple of New York in that series of essays to be safe and effective for children solation other than to know that what that became the Federalist Papers, while at the same time the FDA la- he or she said as a warning in days past said citizens might well ask. At that ments the lack of adequately labeled was on point, and that history will time people knew the history of clas- products for children? It just doesn’t prove that the point was well taken. sical Greece and Rome, and they knew make sense. Mr. President, I see my dear friend, how turbulent it was. Madison had the Mr. President, the Food and Drug Ad- Senator MOYNIHAN, who is a great solicitous phrase of speaking of the ministration is charged with pro- teacher. I wish I would have had the ‘‘fugitive existence’’ of those republics. tecting the health and well-being of opportunity to sit in his classes—a And they asked: What makes anyone American citizens. It seems incompre- man who is noted in the Congressional suppose that we will have a better un- hensible to me that it could put forth Directory as having received 60 hon- derstanding, a better, a more durable a proposal that secures really neg- orary degrees. That will make one sit existence than those of the past? And ligible environmental benefits at a po- up and take notice—60 honorary de- the answer was, ‘‘We have a new tentially steep cost to human lives and grees! I have never counted my hon- science of politics.’’ That was their health. I urge the FDA to reconsider orary degrees. But I suppose that if I phrase, ‘‘ * * * a new science of poli- its proposal. The health of millions of have been the recipient of ten or a tics.’’ Because in the past, theories of Americans who depend on metered-dose dozen, that would certainly be the government depended on virtue in rul- inhalers is too important. limit. ers. We have made up a different ar- Mr. President, I thank the Chair. I But Senator MOYNIHAN has foreseen rangement, an arrangement by which yield the floor. the ramifications of this unwise legis- the opposing forces, the checks and Mr. BYRD addressed the Chair. lative action by the Congress—and it is balances, set off one group against an- The PRESIDING OFFICER. The Sen- now coming home to roost—the so- other. And the result is that in the end ator from West Virginia. called ‘‘Line-Item Veto Act.’’ He has you have outcomes that make up for— Mr. BYRD. Mr. President, what is the joined with me previously many times again, a wonderful line of Madison’s— question before the Senate and what is in discussing the act here and else- ‘‘the defect of better motives.’’ And, in the business before the Senate? where. He has joined with me, as did that regard the Framers very carefully

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11178 CONGRESSIONAL RECORD — SENATE October 24, 1997 defined in article I and article II this think is generally understood, the Nelson Polsby, who happens to be a distinction. Court is a little shy about getting into friend of many years, is Professor of If I may say, again because it is so arguments between Members of Con- Government at the University of Cali- important, the framers of the Constitu- gress and the President. I could use the fornia, Berkeley, and his many books tion presumed conflict. They did not image, sir, that the Court likes to see include, most importantly in my view, assume harmony. They did not assume someone before it with a broken arm his book ‘‘Congress and the Presi- common interests. They assumed con- saying, let me tell you how it happened dency.’’ And he writes here on the line flict. When they were asked, Why to me and why. And they held that we item veto. He says: should we expect this Republic to sur- did not have standing—seven Justices The line-item veto would make Congress vive given the ‘‘fugitive existence’’ of did. Justice Breyer thought we had severely dependent on Presidential good will. republics of classical Rome and standing. But most importantly, sir, A shrewd President would not veto every- Greece?, they replied ‘‘Because we have Justice Stevens dissented. He said we thing but would use the line-item veto selec- did have standing, and what is more, tively, in effect bribing legislators into co- a new science of politics.’’ We can have operating. Americans have a stake in pre- one interest balance another interest. that this measure is unconstitutional. serving the independent judgment of Con- And they devised it because they knew He is the one Supreme Court Justice gress on issues of public policy. This is not there were conflicting interests. who has commented on the question of the way to do it. I believe it would surprise us, Mr. this statute’s constitutionality. In his ‘‘Americans,’’ I say again, ‘‘have a President, to know the extent to opinion he wrote: stake in preserving the independent which—until the American Constitu- The same reason that the respondents have judgment of Congress on issues of pub- tion came along—political theory as- standing provides a sufficient basis for con- lic policy. This is not the way to do sumed virtue and harmony in rulers cluding that the statute is unconstitutional. it.’’ and in government. We have seen it in I quote, Sir, from the case of Frank- I should say that Mark Hatfield, our our time, sir, in its most notorious lin D. Raines, Director, Office of Man- coplaintiff, is using this text in his form in the dictatorships of the prole- agement and Budget, et al., Appellants, seminars back in Oregon just now. tariat in the Soviet Union, in the Re- versus ROBERT C. BYRD, et al. Early on in our deliberations—and I Now, this is a constitutional ques- public of China, now in North Korea, if hope I will not take any liberty when I tion. There is another more subtle one. you like. The dictatorship of the prole- say it—a most distinguished and ad- It goes directly to the constitutional tariat is a wonderful way of saying rule mired colleague, ‘‘Mac’’ Mathias, a intention of the separation of powers Senator from Maryland, who was with by the virtuists, and rule by the and the balance of powers, and that is virtuists turned out in reality to be us so long, when this first came up the idea of the shift in power from the commented from his long experience, rule by tyrants, by monsters. Indeed, Congress to the executive that this leg- Mr. Pol Pot is just now being inter- ‘‘The President won’t veto any great islation makes possible. number of items. He will just let it be viewed by Mr. Thayer in the Far East- In this morning’s Washington Post ern Review, and in the name of virtue, known that he can.’’ And the conversa- there is an article about the Presi- tion goes as follows: Senator, I know in the name of the people’s republic, dent’s recent exercise of this authority. how much this radiation laboratory Mr. Pol Pot murdered perhaps as many And rather to my distress, if I may say means to that fine hospital you have as 2 million Cambodians. All in the it, a number of Senators on this floor worked so hard to develop. I know how name of virtue. and a number of Members on the House much it means to the health of the Well, this Constitution does not as- floor have discovered that there is poli- American people, to science, to medi- sume virtue. It assumes self-interest. tics being played in the White House. cine. But, you know, Senator, expand- And it carefully balances the power by Politics, Mr. President? I am shocked ing NATO is a very important issue to which one interest will offset another to hear that there are politics in the me. And I hope that if I understand interest and in the outcome make up, Presidency. Of course, there are—ever your needs, and I feel your needs, you again in that wonderful phrase of Madi- have been. In today’s story in the Post will understand mine, and surely you son, ‘‘the defect of better motives.’’ a very distinguished scholar, Stanley will. Can we have that understanding In the judgment of this Senator, E. Collender, who is an expert on as responsible persons in Government? shared of course by our revered leader spending issues, says, ‘‘The line-item Well, that kind of trading goes on in this regard, nothing could violate veto is never going to be a deficit re- and is meant to go on. That’s what that constitutional design more clearly duction tool and you would think checks and balances are about. But not than the Line Item Veto Act. On Janu- they’’—the Congress—‘‘would have re- with the threat of an unconstitutional ary 2 of this year, the first business day alized it when they gave it to the act to change a bill passed by this body after the Line Item Veto Act took ef- President. It’s a raw exercise in and the other body and sent to the fect, I joined Senator BYRD, Senator power.’’ Mr. President, if you want to President, take something out of it, LEVIN, and our never-to-be-forgotten shift power from the Congress to the and the bill that in consequence never friend from the State of Oregon, the executive, fine. Amend the Constitu- passed either body becomes law. That former chairman of the Appropriations tion. Do not abuse it by statute. And if violates the Constitution’s ‘‘single, Committee, Senator Hatfield, in a law- it came to amending it, I am not sure finely wrought and exhaustively con- suit challenging the constitutionality we would. sidered procedure,’’ as the Court in INS of that Act on the ground that it vio- I talked earlier about the ‘‘Fed- versus Chadha called the presentment lates article I, section 7, clause 2 of the eralist,’’ which was written as essays in clause of article I. U.S. Constitution, known as the pre- New York State newspapers in support Now if you want to do that, fine. sentment clause. of ratification by New York State of Amend the Constitution. But you can- Mr. President, the issue of this Act’s the Constitution, which was a very not amend the Constitution by statute. constitutionality has now been com- close matter. Rhode Island, as the dis- I do not want to go on because there mented upon by two Federal judges. In tinguished sometime President pro are so many distinguished persons in the U.S. District Court for the District tempore knows, was the last to ratify the Chamber, and the Senator from of Columbia, Judge Thomas Penfield it. It took them years. But they didn’t West Virginia, our teacher in these Jackson took exactly 3 weeks from the have Madison and Hamilton and Jay to matters, is being very patient. But date of oral argument to conclude that read at the time, and we did. simply to say, as Mr. Collender says in it is unconstitutional. He wrote in his Now, there has just appeared a won- this morning’s Washington Post, this April 10, 1997 opinion that by passing derful small volume called the New will never save any money. What will the Line Item Veto Act, ‘‘Congress has Federalist Papers, a twentieth century happen is, as Mr. Polsby says in his turned the constitutional division of fund book written by Alan Brinkley, essay, it simply shifts power from the responsibilities for legislating on its Nelson Polsby and Kathleen Sullivan. legislative branch to the executive head.’’ They try to make their essays about branch. And it does so in a manner that The Justice Department appealed the length of the original Federalist. Justice Stevens in the Supreme Court that decision, and we went to the Su- Nelson Polsby has a succinct and dev- not 4 months ago said is unconstitu- preme Court where, in a manner that I astating essay on the line-item veto. tional. More I do not know what need

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 24, 1997 CONGRESSIONAL RECORD — SENATE S11179 be said. The Congress could do itself a In the United States, responsibilities for fact—that ordinary citizens possess, mostly great service by passing Senator public policy are not concentrated in a few phrased as restraints on the government. BYRD’s legislation. Then we would have hands but are spread to dozens of different How can an individual citizen assert these a real test of political reality. Would places. Take transportation policy. Roads rights except through appeal to the courts? and their policing are devolved functions of Once courts respond to the piecemeal invoca- that bill be signed or vetoed? We do not the several states, and the fifty states parcel tion of the Bill of Rights by citizens, a know, but one good way to find out is large chunks of authority out even further strong and independent judiciary, and a po- simply to adopt this direct and simple to cities, towns, and boroughs within their litical system dominated by lawyers, is given legislation. jurisdictions. To be sure, some transpor- a strong evolutionary preference. Mr. President, I will not go on, but I tation policy is made in Washington, for ex- Many political systems have one or more ask unanimous consent that at this ample, the rules governing Amtrak or air of these distinctive features of the American point in my remarks, that there be traffic control. But the licensing of vehicles, constitutional order: federalism, a separa- the control of on-street parking, the mainte- tion of powers, a Bill of Rights. All three fea- printed in the RECORD the text of the nance of roads and ports, the routing of tures, working together in the very large four pages by Nelson W. Polsby on the buses, the building of subways—in short the American arena, produce a decentralized line-item veto as published in the New vast bulk of the gigantic enterprise of Amer- party system with its devolved nominations Federalist Papers. ican public transportation policy—can be and highly localized public policy pref- There being no objection, the excerpt fathomed only by traipsing around the coun- erences, a vibrant, hard to coordinate, inde- was ordered to be printed in the try and looking at the disparate detailed de- pendent legislative branch, and lawyers and RECORD, as follows: cisions and varied decisionmakers who fix lawsuits galore. Giving up any or all of these distinctive [From the ‘‘New Federalist Papers’’] the prices of taxi medallions in New York City and plow the snow off the roads in Min- features of the American ‘‘real-life constitu- ON THE DISTINCTIVENESS OF THE AMERICAN nesota and provide for the coordination of tion’’ is urged mostly in the interests of cen- POLITICAL SYSTEM rapid transit routes and schedules in the San tralized authority and hierarchical coordina- (By Nelson W. Polsby) Francisco Bay area. tion. Most modern democracies, it is pointed Americans of a certain age will remember Transportation is only one policy area. out, do without distinctively American con- that at the first opportunity after the Allied There are dozens more, some the responsi- stitutional trappings. Why cannot the victory in World War II, the voters, fed up, bility exclusively of national government, United States do the same? Perhaps we could so it was said, with meat shortages and the some all local, some mixed. These matters if the government of a smaller, more homo- privations of war, threw out a large number are much easier to sort out, and to track, in geneous nation were at stake. But when the of incumbent congressmen and elected a new smaller and less heterogeneous nations, and governed are spread far and wide, and are majority. The nation embarked upon a dec- in nations with unitary constitutions. Fed- deeply divided by race, religion, and national ade or so of jitters focused upon problems of eralism, just illustrated in the field of trans- origin, civil peace may well require political domestic security. The Truman administra- portation, is embedded in the American Con- instruments sufficiently decentralized to tion, under severe Republican pressure, stitution and is one source of the spread of produce widespread acceptance of national launched a loyalty/security program. Sen- governmental authority, but only one policies and tolerance of national politi- ator Joseph McCarthy, with his careless source. cians. Although the American system is charges of communism in government, flour- Consider next the separation of powers, a weak in forward motion, it is strong in its ished. means of organizing government at the cen- capacity to solicit the marks of legitimacy: This, evidently, is the way Americans cele- ter of the political system where power is acceptance of decisions, willingness to go brate global victories. Neither the disman- shared among executive, legislative, and ju- along, loyalty in time of emergency. tling of the Soviet empire nor the meltdown dicial branches, all for some purposes mutu- It is, according to this interpretation of of the Soviet Union itself seems to have con- ally dependent, for other purposes inde- the emergent design of the Constitution, vinced Americans of the possible virtues of pendent of one another. Consider Congress, thus no accident that the one major period their own political system. Rather, com- the world’s busiest and most influential na- of constitutional breakdown into civil war plaints about the way the United States is tional legislature. Proposals go in the door could be understood as a matter of a failure governed have never been louder or more in- of Congress and regularly emerge trans- of center-periphery accommodation. Civil sistent, as ‘‘malaise’’ has given way to ‘‘grid- formed by exposure to the complexities of War-era theories of nullification, states’ lock,’’ and gridlock to ‘‘funk’’ as the most the lawmaking process. Unlike parliamen- rights, and concurrent majorities were all fashionable way to describe a system the tary bodies that run on the Westminster attempts to fashion an even more developed chief feature of which is held to be an inabil- plan, Congress is an entity independent of constitution, one that could contain the ity to cope. If presidents and leaders of Con- the executive branch. Its members are elect- enormity of slavery. As this episode teaches, gress, Democrats and Republicans, talk this ed state by state, district by district, by vot- and as observers of events in the modern way, never mind advocates of one or more ers to whom they are directly responsible. world from Beirut to Bosnia might attest, third parties, must they not be right? After Members are expected to have opinions obtaining the consent of the governed when all, a key test of the viability of any polit- about public policies, to respond to the con- the body politic is heterogeneous is no mean ical system surely must be the willingness of cerns of their constituents, and to partici- feat. political elites to defend it. pate as individuals in the making of laws. American democracy, on this reading, is On these grounds alone, the American po- To be sure, Congress has its division of more democratic than any of the large, com- litical system is in plenty of trouble. But a labor; not every member sits on every com- plex nations in the world, and larger and nagging doubt intrudes. One wonders wheth- mittee. And who within Congress gets what more complex than all of the other demo- er the bashing of the political system has primary responsibilities is orchestrated by cratic nations (save India). Proposals for been used for narrow partisan purposes and partisan caucuses and party leaders. So the change that appreciate the size and com- whether, also, it is simply ill-informed. fate of any particular proposal depends plexity of the system have a better chance of The American government is not easy to greatly on where it is sent—to which sub- success than proposals that merely complain grasp. Most nations are much smaller than committees and committees, superintended that the system is sizable and complicated. the United States, with less space, fewer peo- by which members. Congress cannot have Judging from the success of smaller demo- ple. The Western democracies with which the strong party responsibility without sacri- cratic nations, Madison was clearly wrong in United States is most commonly compared ficing some of the advantages of this division arguing that a large, extended republic was have one-third (Germany) to one-fifth of labor, which allows committee specialists necessary to prevent tyranny. But he was (United Kingdom, France) the population of to acquire authority over the subject matter undoubtedly right in observing that an ex- the United States, and some comparison na- in their jurisdictions by learning over time tended republic is what the United States tions (Sweden, 9 million people; Switzerland, about the substance of public policy. Fed- would become. In 1787, soon after the Con- 7 million; Denmark or Israel, 5 million) are eralism supports the separation of powers by stitution was written, it is recorded that ‘‘a even smaller. Only a few of the world’s polit- giving members of Congress roots in their lady asked Benjamin Franklin, ‘Well, Doc- ical systems—China, India, Russia, Indo- own communities, where local nominating tor, what have we got, a republic or a mon- nesia, Brazil—have anywhere near the popu- procedures for Congress lie mostly beyond archy.’ ‘A republic,’ replied the Doctor, ‘if lation of the United States, and most of the the reach of the president, and of central you can keep it.’ ’’ larger nations—perhaps half our size, like government. Mr. MOYNIHAN. I thank the Chair. I Nigeria, Pakistan, Bangladesh, or Mexico— Beside these two interacting constitu- thank the Senator from West Virginia are governed by tiny groups of bureaucrats, tional features—federalism and separation of for yielding me this time. military leaders, families, or cliques of the powers—sits a strong judiciary, fully empow- Mr. BYRD. Mr. President, I thank educated. Thus, even when the political sys- ered to review acts of political branches and the distinguished Senator from New tem embraces many people, only a few in- to reject those acts contradictory to the pro- habit the top in the nations as large or larg- visions of the written constitution. The York, Mr. MOYNIHAN, our most learned er than the United States. Most democracies strength of the judiciary evolved as a nat- Member, for his eloquent statement in of medium size have political classes that ural consequence of the existence of enumer- support of the legislation that I am in- are by U.S. standards small. ated, explicit rights—a Bill of Rights, in troducing on behalf of myself and the

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11180 CONGRESSIONAL RECORD — SENATE October 24, 1997 Senator from New York and the Sen- So the leadership went to work and ficulties and constitutional problems, ator from Michigan. He has never fal- on March 27—these dates are so etched as outlined by the distinguished Sen- tered in his opposition to the passage in my gray matter between my two ator from New York and the distin- of legislation that would give this ears that I will never forget the dates. guished Senator from West Virginia, President, any President, Democrat or If anything ever happens to my mind are not new. In other words, they fore- Republican, line-item veto authority. and I lose my memory, I daresay this saw what was going to happen and And as he has said so many times, if will be one of the last things that will raised those points on the floor. So I this is something that is going to be be lost. So, on March 27, 1996, the Sen- can only assume that there was all done, it ought to be done as the fram- ate stabbed itself in the back by adopt- kinds rebuttal information prepared. I ers made provision for, and that is by ing that conference report. will confess I can’t remember the de- way of a constitutional amendment I have answered the Senator’s ques- bate with that clarity. I certainly re- which will constitute the judgment, tion. member the Senator from West Vir- hopefully the considered judgment, of Mr. MOYNIHAN. If I might reply to ginia was against it right from the the American people from whom all my distinguished friend and chairman word go, that was clear, and spoke elo- power and authority in this Republic who asked, ‘‘Who has agreed? If we as- quently, as did the Senator from New springs. I think Senator MOYNIHAN’s sert this is unconstitutional, who has York. reference this morning to the ‘‘New agreed?’’ May I just read a passage But my question is, there must be a Federalist Papers’’ essays is timely. He from the opinion of the one Justice of quantity of information or opinion on was kind enough to give me a copy of the Supreme Court who has com- the other side? I can only assume. that volume which I have not yet had mented on the constitutionality ques- Mr. MOYNIHAN. May I respond to the opportunity to read but which I tion? It was John Paul Stevens, 26 my learned and good friend, there are shall very soon. And he has printed in June, 1997. Our complaint had been no judicial pronouncements to the ef- the RECORD today one of the essays filed on January 2, the first business fect that this is constitutional, for the from that volume. I shall look for it in day of this year after the act took ef- simple reason that it is rather new. It the CONGRESSIONAL RECORD with great fect. He says: was enacted by Congress for the first interest. The line-item veto purports to establish a time in 1996. But although it has never Mr. CHAFEE addressed the Chair. procedure for the creation of laws that are been adjudicated by the courts, it has The PRESIDING OFFICER. The Sen- truncated versions of bills that have been been the subject of scholarly com- ator from Rhode Island. passed by the Congress and presented to the mentary. At the time we debated the Mr. CHAFEE. Mr. President, I had a President for signature. If the procedure measure in the Senate, I cited several question—— were valid, it would deny every Senator and such scholarly opinions, including Mr. BYRD. I have the floor. every Representative any opportunity to Mr. CHAFEE. I had a couple ques- vote for or against the truncated measure those of Lawrence H. Tribe of the Har- tions for the Senator from New York that survives the exercise of the President’s vard Law School, and Michael J. whenever the proper time is. cancellation authority. Because the oppor- Gerhardt, then of the Cornell Law Mr. BYRD. Mr. President, I will be tunity to cast such votes is a right guaran- School, now dean of Case Western Re- happy to yield to the distinguished teed by the text of the Constitution, I think serve Law School. I noted that in Pro- Senator from Rhode Island for the pur- it clear that the persons who are deprived of fessor Tribe’s treatise ‘‘American Con- pose of his propounding those ques- that right by the act [meaning the plaintiffs] stitutional Law,’’ he writes: have standing to challenge its constitu- tions, if I may do so without losing my tionality. Empowering the President to veto appro- right to the floor. Moreover, because the impairment of that priation bills line by line would profoundly The PRESIDING OFFICER. Is there constitutional right has an immediate im- alter the Constitution’s balance of power. objection to the request? If not, the pact on their official powers, in my judgment The President would be free, not only to nul- Senator may proceed. they need not wait until after the President lify new Congressional spending initiatives Mr. CHAFEE. Mr. President, I lis- has exercised his cancellation authority to and priorities, but to wipe out previously en- tened carefully to the remarks by the bring suit. acted programs that receive their funding through the annual appropriations policy. Senator from New York. I am on the Finally, the same reason that the respond- other side on this issue. But nonethe- ents have standing provides a sufficient basis He goes on to say: less, it was very edifying to hear the for concluding that the statute is unconsti- Congress, which the Constitution makes tutional. comments that the Senator from New the master of the purse, would be demoted to York had to make. Several times the Now, on October 16 of this year—this the role of giving fiscal advice that the exec- utive would be free to disregard. The framers Senator from New York said, if I un- month—the city of New York filed suit with respect to a vetoed item in the granted the President no such special veto derstood correctly, that this measure, over appropriations bills, despite their this line-item veto, is unconstitu- Balanced Budget Act of 1997. New York awareness of the insistence of colonial as- tional. My question is, has it been so City was joined by the Greater New semblies that their spending bills could not tested? Or is there anything underway York Hospital Association and two be amended once they passed the lower house to so test it? In other words, is there a labor groups that represent hospital had greatly enhanced the growth of legisla- case working its way up through the workers. I have asked to file an amicus tive power. system to challenge the constitu- brief. The case is now pending in the As the conference report on the Line tionality of the line-item veto—which I district court and we will hear pres- Item Veto Act came back to the Senate guess we passed, was it last year? Was ently from them. in 1996, we asked Professor Tribe for it in 1996? Mr. CHAFEE. I thank the Senator his opinion, as Senator BYRD will re- Mr. BYRD. May I respond to that from New York for that description. call. He read the conference report and particular question? Because it is interesting. So, now, telephoned in the morning, and he gave Mr. CHAFEE. Surely. there is underway an appeal, seeking a us this statement: Mr. BYRD. Mr. President, the Senate court determination. This is a direct attempt to circumvent the passed the so-called Line-Item Veto Mr. MOYNIHAN. By persons I de- constitutional prohibition against legisla- Act on March 23, 1995. The legislation scribed as standing before the court tive vetoes, and its delegation of power to went to conference where it lay dor- with a broken arm. the President clearly fails to meet the req- mant for something like a year, and I Mr. CHAFEE. I remember when we uisites of article I, section 7. am told that the standard bearer of the had the debate on this. I wasn’t deeply I say to my friend once again, if you Republican Party in last year’s Presi- involved but I supported it. I always want to give the President this power, dential election prevailed upon the have. But I can only believe that there do so in the mode the Constitution pro- leadership in both Houses to get this must be a stack of constitutional opin- vides. That is by constitutional amend- matter out of conference and get it ions by learned lawyers, and maybe ment. But you cannot do it by legisla- passed into law so that, I assume, he, judges for all I know but certainly tion. Mr. Dole, would then feel that he would many from the legal profession, saying Mr. CHAFEE. Thank you very much. become the first wielder of the pen that this, indeed, is constitutional. In Mr. MOYNIHAN. I thank my friend under this act. other words, the suggestions of the dif- from Rhode Island. I thank my leader.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 24, 1997 CONGRESSIONAL RECORD — SENATE S11181 (Mr. SMITH of Oregon assumed the provide for a line-item veto was intro- always carry in the back of their minds chair.) duced, interestingly enough—or per- a remembrance that the President may Mr. BYRD. Mr. President, I thank haps ironically enough—by a West Vir- exact retribution for words spoken in again my friend, the Senator from New ginian—Charles J. Faulkner—a West this Chamber or outside the Chamber York. Virginia Congressman, well over 100 by Members in criticism of the admin- I have been trying to get in touch years ago. istration. They will hesitate because with Senator LEVIN, but I have been And since President Grant’s first ad- they will understand that the Presi- unable to do that today, so I will not vocacy, most Presidents, or perhaps all dent now can wreak some vengeance. add his name at this point until I can with the exception of President Taft, He can threaten to cancel this project be reassured by him that he wishes to have advocated the line-item veto. or to cancel that program that affects be a cosponsor. I have no doubt that he President Washington, the first a particular constituency or region. It will be. But I shall in due time add his President of the United States, indi- does not have to be one State or one name, and others’, if they so wish. cated unequivocally—unequivocally— congressional district, it can be an en- Mr. President, the legislation which I that any President, under the Con- tire region and the veto can be used po- am introducing is very simple. It reads stitution, had to accept legislation in litically. as follows: toto. The President had to sign it in I am amazed at the expressions of The Line Item Veto Act, (Public Law 104– toto or veto it in its entirety. He could surprise that the line-item veto is 130), and [any] amendments made by that not pick and choose provisions in a ‘‘being used as a political weapon.’’ We Act [would be] repealed. bill. need not be surprised that a President The Impoundment Control Act of 1974 shall There have been hundreds of pieces of will use the item veto as a political be applied and administered as if the Line- legislation introduced over the years weapon. Who is to blame? Not the Item Veto Act had not been enacted. since the administrations of President President. We are to blame. We are Mr. President, I hope that we will Grant that would provide either for a supposed to be grown-up men and proceed to have hearings on this legis- constitutional amendment or provide women. I am amazed, absolutely lation that I am introducing on behalf legislation, such as was the case in this amazed, that grown-up men and of Mr. MOYNIHAN and myself, and that instance, to give the President the women—who are expected to know we can generate some interest on the line-item veto authority. something about the Constitution, are part of Members to testify on the bill. I have listened to the arguments over expected to have read it at some point Even though there will undoubtedly the years. And what I said would hap- in their lives, and who should be ex- be more and more cases in the courts pen has come true. There is consider- pected to retire to it from time to time resulting from the line-item vetoes able turbulence now. I said that the and read it again or read portions of that have already occurred, and those outcome of this legislation, if it ever it—I am amazed that Members who that will occur in the future, I think became law, would be that the rela- have stood at the desk in front of this that the legislative branch should pro- tions between the executive branch and Chamber and with upheld right hand, ceed to correct the grievous error that the legislative branch would be hurt, and the left hand on the Bible, literally it made in passing the act. that it would prove to be bad for the or figuratively speaking, have sworn an In the meantime, I hope that the country, that tensions which normally oath to support and defend the Con- courts will also proceed. I hope they exist and were expected to exist be- stitution of the United States against will not withhold their judicial power tween the branches of Government—ex- all enemies, foreign and domestic, and fail to exercise their judicial re- pected by the framers to exist—those would hand the President such a weap- sponsibility simply because Congress, tensions would be intensified, and they on to be used against themselves. at some point in time, can itself repeal have been. Then they have turned right around the Line-Item Veto Act. There has been considerable turbu- and taken that oath lightly by emascu- The point is that, if I am correct in lence on Capitol Hill as a result of the lating the Constitution passing the the way I feel about this legislation, President’s having exercised his line- Line Item Veto Act. Obviously, lightly. our Government is operating under an item veto—this new tool, this new and Montesquieu said, when it came to unconstitutional act with respect to polished, sharp-edged Damocles’ sword the oath, the ancient Romans were the the appropriations process. The Presi- that now hangs by a slender hair over most religious people in the world. dent is acting under the presumed au- the head of every legislator on Capitol They honored their oath. thority that he has been given by this Hill. The first consul, Lucius Junius Bru- nefarious legislation. We have given the President a polit- tus, took office in the year 509 B.C., But the act itself, I maintain, is un- ical tool. We have given him a weapon that being the date when the Roman constitutional. And so, feeling as by which he can expect to cower any or republic was first established. Lucius strongly as I do about the act, I believe all of us and by the threat of the use of Brutus was purported to be a distant that I have a responsibility to offer leg- that sword which hangs over our col- ancestor of Marcus Brutus, who was in- islation to repeal it. And that is what lective heads, he will expect to get volved in the conspiracy to assassinate I am doing. what he wants, not only on a particular Caesar. Lucius Junius Brutus required In one way or the other, hopefully, appropriations bill but also in connec- the people of Rome to swear on oath the act will be stricken by the Court or tion with a particular nomination or that never again would they be ruled repealed by the Congress. And I hope treaty. by a king. Tarquin the Proud had just that neither body will wait on the I have said these things time and been vanquished and run out of Rome, other, that neither department will time and time again. I have said that and so Lucius Junius Brutus, the first wait on the other to perform the action Senators would rue the day, rue the consul—there were two consuls but he that would be necessary. day that they enacted legislation giv- was one of the two, and he was most re- In offering this legislation, I am at- ing to this President or any President sponsible for the driving out of Tarquin tempting to restore the kind of Gov- line-item veto authority. The chickens the Proud—felt so strongly about the ernment, with its separation of powers are coming home to roost. Members are matter that he required an oath on the and checks and balances, that the already ruing the day on which they part of the Roman people that they American people have enjoyed for over voted to give the President this line- would never again be ruled by a king. 200 years. Never before has Congress item veto. I have said time and time But it wasn’t long until there came enacted legislation that would disturb again that the President would use it, to his attention information that his that separation of powers, those checks that Members would be intimidated by own two sons, Titus and Tiberius, were and balances. it, and that, to a degree, it would have conspiring to bring back a king, an There has been some talk about it an impact on our freedom of speech in Etruscan king to rule over Rome. over the years. President Grant first this body. I am sure that there are Upon receiving this information, advocated the line-item veto. And the Members who will now hesitate in Brutus called the people to come to- first resolution or the first bill that some instances to speak out against gether in an assembly, and in the midst was ever introduced in the Congress to the administration because they must of the people he had his two sons,

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11182 CONGRESSIONAL RECORD — SENATE October 24, 1997 Tiberius and Titus, executed—his own reread the Constitution, the charter of have to have a majority of the Mem- sons—because they had violated their our liberties? bers of the Senate join in support of his oaths and conspired to reinstitute the Mr. President, we should keep that motion to strike, else his motion will monarchy. oath. It is not something to be taken be lost. ‘‘Those in favor of the motion The Romans were religiously at- lightly. I think if we take it seriously, will say aye, those opposed to the mo- tached to the oath. They took it seri- we will struggle with our conscience tion will say no. In the opinion of the ously. When Marcus Atilius Regulus and on matters such as the line-item Chair, the ayes have it, the ayes do was sent by the Carthaginians as a veto and say to ourselves: How does have it, and the motion is agreed to.’’ prisoner back to the Roman Senate in that fit into this Constitution? Where If somebody asks for a rollcall or a di- the year 249 B.C., he went as a prisoner do I find in this Constitution that the vision, the Chair will proceed accord- of the Carthaginians. He was a Roman President of the United States has any ingly. But a single Member cannot sin- consul and had been taken prisoner by legislative power? Where is it? gle-handedly strike any item from any the Carthaginians. In their efforts to Let me read for the RECORD section 1 bill. He has to go according to the leg- secure peace and to have the Romans of article 1, the very first sentence in islative process, which requires a ma- relinquish Carthaginian prisoners, the the Constitution of the United States, jority of the votes—except in some few Carthaginians sent an envoy to Rome in the operative section. Article 1, sec- instances, which are set forth, in which to attempt to work out some arrange- tion 1: ‘‘All legislative powers herein supermajorities are required. But we ments whereby the Carthaginian pris- granted * * *’’ are talking here about the normal leg- oners would be released and a peace All legislative powers—not just some, islative process. pact could be agreed upon. The not a few, not most legislative power, That Member has not yet succeeded. Carthaginian Government thought but ‘‘All legislative powers herein He can get a headline in the paper, but that if they sent this imprisoned granted.’’ Well, if legislative powers he has not yet succeeded in striking, or Roman consul it would give the delega- are not ‘‘herein granted,’’ they don’t amending, or canceling, or repealing tion more stature and that the Romans exist. that item. would be more likely to come to an ‘‘All legislative powers herein grant- He has to also have a majority of the agreement. ed shall be vested * * *’’ Not may be, other body, and if the other body is in When Marcus Atilius Regulus but ‘‘shall be vested in a Congress of full attendance, as sometimes it is— reached the Roman Senate he was the United States.’’ Not in the House of there are 435 Members there and he has called upon for his opinion concerning Delegates of West Virginia, but in ‘‘a to have 218 Members supporting him in the matter and he told the Roman Sen- Congress of the United States which that other body, and 51 in this body, ate that in his judgment Rome would shall consist of a Senate and House of with all 100 Senators present. He has to not benefit by such a treaty. And he Representatives.’’ have a total of 269 votes in both said ‘‘I am a chattel of the There it is. It is not because I said so, Houses. Carthaginian Government. I am their but there it is in the Constitution. And That is the legislative process. That prisoner and I know that they will hear yet with English words plainly written is majority rule. And yet to think that about what I have stated to the Roman and with those words meaning pre- grown-up, intelligent, educated, re- Senate. I know they won’t be pleased. cisely what they say, we nevertheless sponsible men and women, who are the Nevertheless, I think it would not ben- have ears and cannot hear, eyes that elected representatives of the people, efit my government. I’m with you in cannot see, and apparently minds that would come here and cavalierly vote in spirit. I am a Roman at heart. Even cannot think when we cavalierly give such a way as to give this President, or though I am a Carthaginian chattel, I to the President of the United States a any President, Republican, Democrat, am with you in spirit.’’ line-item veto with its legislative pow- Independent, or whatever, the power to The Roman Senate offered to protect ers. unilaterally, with the stroke of a pen, him and proposed that he not return to Now, can we do that? Can we give to strike out an item in a law; unilater- Carthage, but he said, ‘‘I took an oath the President legislative power? Can ally, with the stroke of a pen, to amend that I would return. I swore to the we give to the President legislative a law; unilaterally, with the stroke of Carthaginian Government that I would powers that the Constitution says shall a pen, to repeal what is in that law return.’’ He said, ‘‘When I make an be vested only in one place—the Con- that was passed by a majority of the oath, even to an enemy, I will keep gress of the United States? Can we, as Members of both Houses of Congress— that oath.’’ He was conscious upon Members, give away something that is to give all that power to one man, or leaving Rome of the tears of his wife a legislative power? Is it a legislative woman, as the case may be, the Presi- and children who clung to him and who power? In the Line Item Veto Act, the dent of the United States is beyond all begged him not to return to Carthage. President is authorized to sign a bill credulity. Nevertheless, he felt so strongly about into law, and then, after signing that It is the acme of ridiculosity to even keeping his oath that he went back. bill into law, he can ‘‘cancel,’’ or re- imagine that an intelligent group of As he had predicted, the peal, parts of that law. men and women in a civilized body, Carthaginians tortured him. They cut The Constitution says that the Presi- working under a written Constitution, away his eyelids and prepared an enclo- dent shall faithfully execute the law. would even think of doing it. I cannot sure in which there were spikes upon But he has just signed this bill into law comprehend what motive may have which he was forced to lie, at all times, and he is allowed, under this nefarious guided a majority of men and women in day and night. With his eyelids cut piece of legislation, to go back and these two bodies to prostrate them- away, the heat and light from the Sun pick up the same pen with which he selves before any President and will- bore fiercely upon him. He lay upon his signed an appropriation bill into law ingly and voluntarily cede away the back on those spikes, and soon per- and he can strike an item, he can power over the purse that has been ished. This was an example of a Roman strike two items, or he can strike vested by the Constitution in these two who believed in giving his life rather many items. He can strike away 5 per- bodies, to the President of the United than break his oath. cent of the bill, 10 percent of the bill, 90 States. I am reminded again of what percent of the bill. Of course, it is a law Men and women have died in past Montesquieu said: When it came to by then. He can strike it. He can centuries to have that power vested in keeping the oath, the Romans were the amend it. He can repeal it. the hands of the elected representa- most religious people in the world. It is a legislative power to strike an tives of the people. There was the What about us? How faithful are we in item from an act. When a Senator struggle of Englishmen, which ex- keeping our oath to support and defend moves to strike an item from a bill, tended over centuries of time, against the Constitution of the United States? that is a legislative act. He moves to tyrannical monarchs, to wrest the Time and time again I have pondered amend or he moves to strike, and that power of the purse away from the kings on this, I have reflected on this, and I is a legislative act. That is an action in and entrust it to the elected represent- have wondered as to how often have the legislative process. He is exercising atives of the people. And we cavalierly Members of the Senate gone back and a legislative power. That Senator will handed it away to the President.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 24, 1997 CONGRESSIONAL RECORD — SENATE S11183 The Roman Senate was not required senior advisers would recommend that he authority that we have given to him. to yield power to Sulla. The Roman veto the bill. We gave it to him without a whimper; Senate voluntarily handed the power The President carefully reviewed the 145 no resistance. Resistance? No. We ea- projects that Congress funded that were not over the purse to Sulla and to Caesar. included in the FY 1998 Budget. The Presi- gerly gave it to him. ‘‘Take it, Mr. It made Caesar dictator for 10 years; dent used his responsibility to cancel President. Take it. Take this author- then it made Caesar dictator for life, projects that were not requested in the budg- ity. Take this legislation. Use your with all of the power of the executive et that would not substantially improve the veto pen.’’ and the legislative and the judicial quality of life of military service members President Reagan said we had the branches in his control. The Roman and their families, and that would not begin line item veto in every State govern- Senate wasn’t required or forced to construction in 1998 because the Defense De- ment. ‘‘They have it at the State level. give Caesar that power; it willingly and partment reported that no design work had Give it to me. If the States can have it, been done on it. The President’s action saves why can’t I have it?’’ I have heard that voluntarily ceded that power to him. $287 million in budget authority in 1998. And all of the centuries of time that While we strongly oppose S. 1292, we are argument ad nauseam—that if the have come and gone since that fatal committed to working with Congress to re- States have the line item veto power, act have borne testimony to the store funding for those projects that were therefore, why not have it at the Fed- unwisdom of the Roman Senate. And canceled as a result of inaccuracies in the eral level? Why not let the President history was changed as a result. It had data provided by the Department of Defense. have the line-item veto? The Governors far-reaching consequences when the Sincerely, have it. They balance their budgets. Of Roman Senate lost its nerve, lost its FRANKLIN D. RAINES, course, I argued time and time again Director. vision, lost its way, and willingly and that they don’t really balance their voluntarily ceded over to the dictators, Mr. BYRD. We will recall that the budgets. They go into debt just as the and later to the emperors, the power President had disapproved various Federal Government goes into debt. over the purse. For hundreds of years projects that had been included in the But we were told, ‘‘The States have the the Roman Senate had had complete Fiscal Year 1998 Military Construction line item veto. The President should and unchallenged control over the pub- Appropriations Act. The President, have it.’’ lic moneys. under his newly gained authority, had Mr. President, that kind of an argu- We can also read the history of Eng- disapproved 38 of the projects, In the ment signifies and reveals a lack of land—and we will find, as I have al- letter, Mr. Raines states: ‘‘The Presi- knowledge on the part of those who use ready indicated, that Englishmen, for dent used his authority responsibly to the argument. This is the Constitution centuries, struggled with monarchs cancel projects that were not requested of the United States. It is not the con- who believed that they ruled by divine in the budget.’’ He doesn’t have any au- stitution of the State of West Virginia right, struggled for the prize—the thority that I know of to cancel or the State of New York or the State power over the purse. It was at the projects solely on the basis that they of Alabama or the State of Tennessee. point of the sword that Englishmen were not requested in his budget. He It is the Constitution of the United took from the Kings the power over the can do it, of course. He has the veto States of America. And this Constitu- purse and vested it in Parliament. pen. But he is not acting on any ‘‘au- tion, while it contains some inhibitions We can see in our own colonial expe- thority’’ that I know about. It is not in upon certain actions by the States, rience the continuing thread of rep- the Constitution. He doesn’t get any does not attempt to tell the State gov- resentative government, with the con- authority there. ernments how they shall legislate. It trol of the purse being vested in the He doesn’t get his authority from the assures the States of having republican hands of the elected representatives of Line-Item Veto Act to ‘‘cancel projects forms of government. But it does not the people in the various State assem- that were not requested in the budget.’’ say to any State, ‘‘Thou shalt not have blies during the colonial period, and That Line Item Veto Act sets forth cer- the line item veto.’’ later when the colonies became States. tain criteria for the guidance of the The Constitution, with reference to So I am chagrined, I am puzzled, and President in exercising the line-item legislative powers, speaks of the Con- I am disappointed that Members of veto pen. But nowhere in those criteria gress. ‘‘All legislative Powers herein Congress would willingly give to any will there be found a criterion which granted shall be vested in a Congress of President this power. That is what says that the President may ‘‘cancel the United States which shall consist Congress did. projects that were not requested in the of a Senate and House of Representa- In looking at the letter I received budget.’’ Yet, Mr. Raines refers to such tives.’’ from the Director of the Office of Man- authority in his letter. ‘‘The President There are 50 States. There are 50 agement and Budget, Mr. Raines, yes- used his authority responsibly to can- State constitutions, and whatever any terday, I bemusedly pondered again cel projects that were not requested in State wishes to write into its constitu- over these words. I will insert this let- the budget.’’ tion as to a line-item veto power, there ter into the RECORD in its entirety. Well, I say, as I have said many is no prohibition in this Federal Con- I ask unanimous consent that the times, that the administration—what- stitution against the State’s doing it. letter be printed in the RECORD at this ever administration is in power—will The theory and the system of separa- point. see that Line Item Veto Act as it wish- tion of powers and checks and balances There being no objection, the letter es to see it. It will read into it what- are more finely drawn at the Federal was ordered to be printed in the ever it wants to read into it. It will level than at the State level. Under our RECORD, as follows: hear whatever it wants to hear from Federal system, we have the separation EXECUTIVE OFFICE OF THE PRESI- anonymous bureaucrats working in the of powers. We have mixed powers. We DENT, OFFICE OF MANAGEMENT subterranean tunnels of the White have checks and balances. That is at AND BUDGET, House who will advise the President as the Federal level. Washington, DC, October 23, 1997. to what should be stricken by the veto I heard a Senator say the other day, Hon. ROBERT C. BYRD, pen. We can trust them to expand upon ‘‘Well, I am disappointed that when the Committee on Appropriations, the power that has been given them in President exercised this veto, he didn’t U.S. Senate, Washington, DC. DEAR SENATOR BYRD: I am writing to pro- the act. And they will read into it and do as we are accustomed to seeing done vide the Administration’s views on S. 1292, interpret the words, and constantly be at the State level with the line-item the bill Disapproving the Cancellations expanding their power. I predicted that veto.’’ But, Mr. President, that Senator Transmitted by the President on October 6, that would be the case. was talking about two entirely dif- 1997. Mr. President, I hope with this legis- ferent things—apples and oranges, We understand that S. 1292 would dis- lation to be able to remove that sword black and white. This is a Federal Con- approve 36 of the 38 projects that the Presi- of Damocles that we ourselves helped stitution that was meant to guide the dent canceled from the FY 1998 Military Con- struction Appropriations Act. The Adminis- to suspend over our unlucky and Congress and the Federal departments tration strongly opposes this disapproval graying heads. But we have nobody to and officers of government, and the bill. If the resolution were presented to the blame except ourselves. I am not going framers very wisely provided a scheme President in its current form, the President’s to blame the President if he uses that whereby there would be checks and

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11184 CONGRESSIONAL RECORD — SENATE October 24, 1997 there would be balances. There would the opportunity to say them again on motto is ‘‘Moutaineers are always be the separation of powers, and there several occasions. free.’’ would be the interweaving and overlap- I feel so strongly about this. The Mr. President, could the Senate of ping of powers between and among the Congress of the United States has the United States give away its advice departments. That is at the Federal never, never committed such an act as and consent power? No. Could the Sen- level. it committed in enacting the line-item ate of the United States give away its The State constitutions are different. veto. That action flew in the face of power to try impeachments? No. There The State of West Virginia may have the plain English words that are in this are other powers in the Constitution the line-item veto. The State of West Constitution. And Congress did it non- that this Senate and the Congress, as Virginia has a constitution, and in its chalantly; cavalierly. Was it being the case may be, cannot give away. legislative branch it is governed by guided by the Constitution? No. Was it And I maintain that the same is true that State constitution until and un- being guided by the polls? Apparently. with the legislative power that is set less the State takes actions that vio- Because it was a popular thing. The forth in the first sentence of the Con- late the Federal Constitution. But as American people believed by a tremen- stitution. to how the State will legislate and as dous majority that the line-item veto There are those who would be willing to how the Governor of the State will was to be desired. to sit down with the White House, with exercise his veto pen, that is entirely It won’t reduce the national debt. I the representatives of the President, on up to the State under its constitution. say to Senators, take a good look at items that he may threaten to veto. There can be 50 State line-item vetoes. the budget after this year and after There are Senators, there are Members But those are State constitutions. next year, if, God forbid, this ill-ad- of the House, who may be willing to sit Those are State governments. vised piece of legislation still governs down and negotiate with the White We are talking about the Federal the legislative process. The savings House, to come to terms, as it were, to Constitution. Why Senators haven’t that accrue from the line-item veto yield to the administration on this been able to distinguish between the will indeed be meager matter or that matter, or some aspect State and Federal governments. I can’t I read in the newspapers where the of the appropriation which he has understand. I thought they would have President said he was saving X amount threatened to veto. There will be those learned that in their civics classes of dollars by these vetoes. Well, he cut who may very well be lured by the long, long ago. But they should have out a little item in West Virginia. ‘‘Ah, siren call of negotiation in order to learned it back in the elementary that’s why Senator BYRD is against the save the project of a particular Mem- schools. There are 50 State govern- line-item veto. There it is. He likes his ber of the Senate or House of Rep- ments. There is one Federal Govern- pork. That’s why he is opposed to resentatives. ment. Each is supreme in its own this.’’ I say to my colleagues, don’t nego- sphere of actions. But if there is any Well, I am not going to ask the Presi- tiate, because when an item has conflict, the Federal Government—the dent for it back, and if I did, he could reached the stage of conference, I think Federal Constitution—will then pre- not put the vetoed item back. He has that we have reached a stage when it is vail. It is that simple. One doesn’t have cut off its head. He cannot breathe new too late to negotiate. to be a Phi Beta Kappa to know that. life into that stiff and cold corpse. Some subcommittees spend weeks Yet, Senators, many of them, and After having committed the act of exe- and months in studying appropriations many Members of the other body, in cution, after having wielded the ax, he bills that come under their jurisdic- explaining their support for this ill-ad- cannot put it back. I have seen some- tion. The people who sit on a particular vised, unwise piece of legislation, took thing here and there in the newspapers subcommittee that has jurisdiction the stand and said, ‘‘My own State has to the effect that the administration over a particular appropriation bill are, it. It works well there. I think that the would be willing to negotiate with Sen- for the most part, experts in the sub- Federal Government should have it’’— ators to restore such vetoed projects. ject matter of that appropriations bill. thus displaying an amazing lack of Well, Mr. President, use your pen. Veto Some have had experience for years knowledge of the Constitution, an the item in West Virginia. There will and years, perhaps even decades, in amazing lack of knowledge of constitu- be other bills coming to you. There will dealing with that particular appropria- tional history, an amazing lack of be other items for West Virginia. tion. They know the subject matter knowledge of American history and the The President’s advisers may say, well. They have worked over it. They history of England. perhaps you can get Senator BYRD to have had their staffs work on it. They The Framers of the Constitution negotiate with you if you tell him you have received the budgets that have were very well aware of the colonial ex- won’t veto that piece of pork. Perhaps been submitted by the President. They perience and what had happened in he will vote for your nominee for such already know what the wishes of the England. They knew that a king had and such a position or he will vote for administration are. And from time to had his head severed from his body on such and such a treaty or he will vote time they receive further guidance as January the 30th of 1649. Imagine that. with you on the fast-track bill. Just to the wishes of the administration Parliament created the High Court of tell him that you don’t want to line- with respect to a particular project or Justice which concluded that Charles I item veto those West Virginia items, program, or with respect to all of the was a tyrant, a traitor, and an enemy that West Virginia pork. Senator BYRD items in the President’s budget that of the good people of England, and that may then come to his senses. are within the jurisdiction of that sub- he should have his head severed from Well, I say go to it. ‘‘Lay on, committee. They have had all that his body. That court was created on Macduff; and damned be him that first guidance all along and it has been January 6, 1649, and 24 days later King cries ‘hold, enough.’’’ I am not negoti- good. And we welcome that guidance. Charles was dead. He was executed in ating with any administration over But once the subcommittees go front of his palace at White Hall before any item for West Virginia. through all of these months of labor, thousands of people. He and his father, So much for that. So much for the and with their staffs working hard on James I, had believed that kings ruled suggestion that Senator BYRD’s pork legislation, it is too late when, at the by divine might and that they were for West Virginia is why he is against last minute, the White House sends its above Parliament and above the peo- this line-item veto. Well, perish the representatives up to Capitol Hill and ple. thought. That has never guided my says, ‘‘This is veto bait. That item is So it is out of that history that the thinking. I feel more strongly about veto bait. That project is veto bait. liberties and freedoms of the American what the Congress has done in enacting The White House will not accept it. people were born. And they are written this piece of trash, the line-item veto, The White House wants thus and so. down and guaranteed in this Constitu- than I do about all of the pork that That wasn’t in the President’s budget.’’ tion. those hollows could possibly hold Where in the Constitution are we But I have said these things many among the high and majestic moun- told that the Congress may only con- times, and, no doubt, if the Lord let’s tains of what I consider to be the sider items that are in the President’s me live and keep my voice, I shall have greatest State in the Union, whose budget? Is that inscribed in any law,

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 24, 1997 CONGRESSIONAL RECORD — SENATE S11185 that Congress may only consider items himself. But I understand he can’t sign you find another item for me? I want that are in the President’s budget; that all the mail that goes out of his office. to strike one of his projects. I’ll make Members of Congress can’t add items of I know who is purportedly the author him rue the day he said those words.’’ their own, based on the needs of their of the letter. But, nevertheless it says: In any event, those items are gone. own constituents, needs which they, While we strongly oppose S. 1292, we are The President cannot go back and re- the elected representatives, know best? committed to working with Congress to re- store them, no matter how sorry he Where is it written that Congress has store funding for those projects that were may be. He finds from the Department to be confined only to the items that canceled as a result of inaccuracies in the of Defense data that he was mistaken; are in the President’s budget? Where is data provided to the Department of Defense. the data were wrong. It is too late. that set down in stone? I have never Now, in saying that, the President, So how does Mr. Raines intend to seen it in stone or in bronze, or in- through his surrogate, admits that work with Congress to restore funding scribed upon any piece of granite. It some of the projects were canceled for those projects that were cancelled? just isn’t there. based on errors, based on inaccuracies, Tell me how? How do they intend to re- I am not willing at that point, then, based on data that were inaccurate and store funding? They can’t be restored to sit down and be jerked around by provided by the Department of Defense. by inoculation, by the use of a needle. any administration, Republican or The administration was mistaken in How do they intend to restore funding? Democrat. They are all the same, as far exercising the veto pen, and they admit As I was saying earlier, they claimed as I am concerned, when it comes to it there. that they saved x millions of dollars this matter that we are discussing. I would like for any Senator within through these cancellations, but Sen- I was chairman of the Appropriations the range of my voice, or anybody else, ators should watch. That project that Committee for 6 years. I said, ‘‘There to tell me how Mr. Raines, or the they struck out of that bill for West will be no politics in here, no partisan- President, or anybody in the adminis- Virginia this year, I intend to try to ship.’’ When Senator Hatfield was tration, expects to, ‘‘restore funding put it back next year, because it can be chairman of the committee there was for those projects that were canceled as justified. It is important to the defense no partisanship. When Senator Stennis a result of inaccuracies in the data pro- of this country. It is in the 5-year plan was chairman of the committee we vided by the Department of Defense.’’ of the Department of Defense. I intend didn’t have politics in the committee. Mr. Raines says that we—I assume that to put it back in. As far as I am concerned, there are no he means by ‘‘we,’’ the personal pro- That may be a year away. So, have Democrats and no Republicans on the noun ‘‘we,’’ I assume he means the they saved money? How much does one Appropriations Committee. We are all President and the administration, subtract from the figures that they say Members of the Senate and there is no ‘‘we’’—‘‘While we strongly oppose [this they save through their actions, partisanship. If they want to argue disapproval resolution] * * * we are through the President’s actions in line- over politics they can do it on the committed to working with Congress item vetoing these projects? As we floor, but we don’t do it in that com- to restore funding for those projects look back a year from now, how much mittee. that were canceled. * * *’’ will they have saved when some or And I feel that Members have just as Now, how is the funding going to be most of the items will have been put much right under the Constitution and restored? Those projects are dead. The back into the bills we pass next year laws of this land, its customs, tradi- head has been severed, the corpse has Many of the projects will be put tions and regulations—just as much been laid out on a piece of cold marble back, so the President’s veto of right as any administration has to re- and every drop of blood has been projects really won’t constitute sav- quest appropriations for projects and drained from the veins of those ings after all. What it will result in is programs that are deemed to be in the projects. How, then, do they propose to perhaps increased costs because of in- interests of the constituencies of the restore funding? How is it going to be flation or other reasons; the items will elected representatives. done? The item has been canceled. The cost more when they are put back. So I will not hear—I have ears, but President has unilaterally exercised a Therefore, while it warms the cockles will not hear those who exhort, ‘‘That legislative act and unilaterally re- of my heart to see in the letter from little item you have in West Virginia is pealed that legislation. It is dead. That Mr. Raines that ‘‘the administration is veto bait.’’ I say, ‘‘Go ahead, go ahead, project is dead. The line-item veto does committed to working with Congress veto it. Lay on, Macduff.’’ That’s the not give the President the authority to to restore the funding for those way I feel about the projects of other restore it. It may have been an item projects that were canceled,’’ I shall go Members. that he canceled 5 minutes after he had home wondering what is meant by I want to help the President where I signed the bill into law. He may have that, how they will work with Congress can help him. I want to help the admin- slept on it a while and then overnight to restore the funding. How will they istration where I can help it. There thought, ‘‘Well, I think it might be a do it? have been times when I have helped Re- good idea to cancel a few more of those Mr. President, I hope that by intro- publican administrations and Repub- items,’’ and he cancels a few more. And ducing legislation today to restore the lican Presidents. But this is one Sen- the third day after the bill has become legislative branch to the standing and ator who will not be persuaded or law, some of his aides come to him and the stature that it has had for over 200 swayed by threats that, ‘‘That item is say, ‘‘Mr. President, we think we have years, I hope to contribute to the wel- veto bait. You’ll have to modify it, found some more. We didn’t find it fare of my country, the well-being of you’ll have to do it our way or the written in the four corners of the ap- our people, the perpetuation of the President will veto it.’’ propriations bill, we found it in a table. dream of America and the dream of a So, Senators, don’t negotiate. In so We found it in a committee report.’’ system that has its roots, not just in doing we legitimize what I consider to These aides will say to the President, Philadelphia in the year 1787, but also be an illegitimate end run around the ‘‘You know what? We have been work- in the colonial experience, and the his- Constitution of the United States. We ing 36 hours and we find projects on tory of England, roots that extend legitimize it. That’s where the admin- these tables that are not in the bill. back, yes, as Montesquieu thought, istration wants us. That’s where they Don’t look in there, Mr. President. But even to the ancient Romans. would like to have us—under their there are tables that were used in some I hope that we will restore the sys- thumb. ‘‘Oh, we’ve got them now, they hearings, or used during markup. And tem which was given to us by our fore- are negotiating.’’ in those tables we have found some bears and which they expected us to Finally, just a word more about the more items that we think you ought to hand on to our sons and daughters. letter that I received yesterday from consider vetoing,’’ and the President Director Raines, the Executive Office goes back and he vetoes them. Then Who saves his country saves all things, saves himself and all things saved do bless of the President. It says in the last along comes the 5th day, the 23rd hour him. paragraph, ‘‘While we strongly oppose and the 59th minute, and the President Who let’s his country die let’s all things S. 1292’’—we? Who is ‘‘we’’? I wish the thinks, ‘‘Ah, that BOB BYRD, he said die, dies himself ignobly, and all things President would have signed the letter one day, he wouldn’t negotiate. Can dying curse him.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11186 CONGRESSIONAL RECORD — SENATE October 24, 1997 Mr. President, let us act and let us thus averting the danger of a government Housing and Urban Development and inde- work to save our country! shutdown or the need for an interim spend- pendent agencies appropriations bill. Law- I ask unanimous consent that an ar- ing measure based on the previous year’s ex- makers acknowledge it is full of special projects, and one White House source de- ticle in the Washington Post titled penditures. Congress has yet to clear six of the 13 annual spending bills, three weeks scribed the bill as ‘‘one of the most project- ‘‘Line-Item Veto Tips Traditional Bal- after the start of the fiscal year. based in years.’’ ance of Power’’ be printed in the Still, cautioned House Appropriations Despite uncertainty about how Clinton RECORD. Committee Chairman Bob Livingston (R- will next use the veto, it is clear that Con- There being no objection, the article La.), it is too early to predict what will hap- gress is wary and mistrustful. ‘‘I’ve never was ordered to be printed in the pen. ‘‘When the president signed the line- seen a vote taken where more people wanted their vote back,’’ said House Appropriations RECORD, as follows: item veto legislation we were all shooting in the dark as far as how it would work. We are Committee member Rep. Jose E. Serrano (D– [From the Washington Post, Oct. 24, 1997] still groping.’’ N.Y.), who opposed the line-item veto. LINE-ITEM VETO TIPS TRADITIONAL BALANCE One thing on which almost everyone inter- Indeed, hundreds of lawmakers have been OF POWER—CAPITOL HILL PLOTS STRATEGY viewed could agree, however, was that the contacting the White House since the mili- TO COUNTER PRESIDENT’S PEN line-item veto would not serve as a signifi- tary construction bill. Burns and Santorum cant brake on federal spending, even for pa- wrote to complain about vetoes already exer- (By Guy Gugliotta and Eric Pianin) cised and to warn of adverse consequences to rochial ‘‘pork-barrel’’ projects. Of the five On Oct. 6, Sen. Conrad Burns (R-Mont.) in- military readiness. vited President Clinton to lunch at Mon- appropriations bills signed so far, only $458 Florida Sens. Bob Graham (D) and Connie tana’s Malmstrom Air Force Base’s dining million in projects has been lined out by Mack (R), by contrast, wrote a joint letter hall, a broken-down wreck whose ‘‘serving Clinton, or less than a percentage point of stressing the need for $1 million to establish areas,’’ he said later, ‘‘would be borderline’’ the $291.3 billion in the bills. a Central Florida High Intensity Drug Traf- on a health inspection. ‘‘The line-item veto is never going to be a ficking Area. ‘‘We would request that you Clinton had just used his new line-item deficit reduction tool, and you think they keep in mind the importance of the Central veto power to strike the dining hall’s pro- [Congress] would have realized it when they Florida HIDTA to the national war on drugs posed $4.5 million rehab from one of the an- gave it to the president,’’ said Stanley E. and to us personally as you consider the Fis- nual spending bills, and Burns, a senior Collender, an expert on federal spending cal Year 1998 Treasury Appropriation,’’ the member of the Senate Appropriations Com- issues. ‘‘It’s a raw exercise in power.’’ letter said. The line item survived. The line-item veto, a pillar of the House mittee with enormous responsibility for Among those who lost favored projects, Republicans’ ‘‘Contract With America,’’ military construction projects, told Clinton Rep. Jerry Lewis (R-Calif.) was still steamed passed both houses of Congress overwhelm- he was ‘‘disappointed’’ by the decision. He a week after Clinton vetoed his district’s $4 ingly and was signed into law in early 1996. wanted to discuss it ‘‘and other important million breast cancer research grant. And he It took effect during the budget year that projects’’ at ‘‘your convenience.’’ spoke of exacting a penalty—suggesting he began Oct. 1. might oppose Clinton in his efforts to obtain The advent of the line-item veto has shak- The law has been challenged in court for en the 200-year-old power relationships in ‘‘fast-track’’ authority to negotiate trade radically altering the balance of power with- agreements. ‘‘I don’t like to link things,’’ he the federal government. While presidents in the federal government without the enact- said, but ‘‘there is a two-way street here.’’ have always paid close attention to their ment of a constitutional amendment. Many Collender cautioned that in the revenge own priorities, the veto has given them an experts believe the law will be struck down, game, ‘‘the president holds all the cards.’’ A unprecedented ability to micromanage the but until it is, the president for the first member may withhold one vote, but he will appropriations process. time in history may delete individual spend- lose on another bill or be embarrassed on an- White House sources say the line-item veto ing items from appropriations bills without other line-item, Collender said. ‘‘The presi- has provoked a blizzard of letters and phone vetoing the entire bill. dent may lose a battle, but he will win the calls from Congress to Clinton, touting the Clinton first used the authority in August war.’’ merits of tiny projects that until this year to veto three provisions from the five-year Most lawmakers, however, agreed with were tucked so deeply into appropriations omnibus budget agreement, but it was not former Congressional Budget Office director bills that they scarcely merited a presi- until Oct. 6, when he struck 38 projects Robert D. Reischauer, who described veto dential glance. worth $287 million from Burns’s military gamesmanship as ‘‘a two-edged sword. The Thus Burns, chairman of the Senate’s mili- construction appropriations bill, that he more influence the president tries to exert, tary construction subcommittee, lost his caught Congress’s attention. the more of a backlash he will see. We have own project in his own bill. Burns shrugged ‘‘He had to convince everybody he was already seen it.’’ off the snub, but said, ‘‘We haven’t given up willing to use it,’’ Collender said. Sen. Bob Kerrey (D–Neb.) used the line- on this.’’ The Malmstrom rehab, he said, is Lawmakers were convinced. The vetoes item veto as his state’s governor, but voted included in legislation to override the veto touched off an uproad among congressional against the federal line-item veto. He said it that the Appropriations Committee approved leaders who had not been consulted in ad- gave the president too much power, sug- yesterday. vance. ‘‘We’re dealing with a raw abuse of gesting he could use it to trade projects for votes. ‘‘Now the president is going to say, ‘I Micromanaging projects may be the most political power by a president who doesn’t want X,’ would you help me? And the answer obvious evidence of the new executive pres- have to run again,’’ thundered Senate Appro- will be, ‘Yes, but what are you going to do ence in Congress’s business, but many ex- priations Committee Chairman Ted Stevens for me this year?’’’ perts and lawmakers believe it may be only (R–Alaska). the tip of the iceberg. Both Republicans and This is one way the president can make But since the military construction vetoes, policy with the line-item veto. Another way Democrats worry presidents may use the Clinton has used the authority sparingly on veto to extract promises of support on unre- is to veto items that effectively eliminate three other appropriations bills, prompting entire programs. Clinton has already done lated legislation, exact revenge against po- speculation in some quarters that he had be- this by striking our $39 million for the SR– litical enemies or to make policy, leaning on come gun shy after the initial upheaval. 71 Blackbird spy plane, said Sen. John individual lawmakers where they are most Just yesterday, Office of Management and McCain (R-Ariz.). ‘‘They never wanted to vulnerable—tending to their home town af- Budget Director Franklin D. Raines ac- keep it.’’ fairs. knowledged that several projects were mis- McCain, a dedicated cost-cutter who has ‘‘It’s not lost on me that this has political takenly crossed out of the military construc- criticized Clinton for not being aggressive overtones, but that’s fine, it comes with the tion bill. In a letter to Stevens, Raines said, enough with the veto, nevertheless cautions territory,’’ said Sen. Rick Santorum (R-Pa.), ‘‘We are committed to working with Con- against ‘‘politicizing’’ the process and per- a conservative, who, like Burns, lost a mili- gress to restore funding for those projects manently poisoning relations between the tary construction project to the veto pen. ‘‘If that were canceled as a result of inaccura- two branches of government. you’re a big boy, you take your lumps and go cies in the data provided by the Department As for those who complain about the veto, after them next year.’’ of Defense.’’ McCain noted that many lawmakers spent But many lawmakers have decided not to ‘‘This is clearly evolving,’’ said Senate years fighting for it when a Democratic Con- sit still, and budget mavens on Capitol Hill Budget Committee staff director G. William gress remained adamantly opposed. ‘‘To my are brainstorming ways to counter or cope Hoagland. ‘‘Maybe like the kid in the candy Republican colleagues, I say, ‘Be careful with the veto. Some appropriators are talk- store, his eyes were bigger than his stomach, what you ask for. You may get it.’’’ ing about legislative mechanisms to immu- and now he sees he has to be careful not to Mr. BYRD. Mr. President, I send to nize particular items; others are suggesting jeopardize the power.’’ the desk the bill to which I have re- that obvious veto bait be jettisoned from the But OMB spokesman Lawrence J. Haas ferred, and I ask unanimous consent final versions of bills. said there was no ‘‘pattern’’ of political ma- Others see the veto as a precedent-setting nipulation. The president, he said, was try- that it be printed in the RECORD and escape mechanism that could be used to ing to use the veto ‘‘because of the substance that it be appropriately referred. break deadlock on controversial appropria- before him, not because of the politics.’’ The PRESIDING OFFICER. Without tions bills. They say the president could veto A crucial test may come next week when objection, it is so ordered. The bill will provisions he opposes, but let the rest stand, Clinton will examine the Veterans Affairs- be received and appropriately referred.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 24, 1997 CONGRESSIONAL RECORD — SENATE S11187 There being no objection, the bill was bate and amendments on ISTEA, if this hope other appropriations bills will be ordered to be printed in the RECORD, as matter is going to continue to be held ready in short order next week. In fact, follows: up at the insistence of Senator MCCAIN we had meetings this morning on two S. 1319 and Senator FEINGOLD because of the of them, the Labor, HHS appropria- Be it enacted by the Senate and House of Rep- campaign finance reform issue, then I tions bill—we think maybe some good resentatives of the United States of America in have no alternative but to stop. progress was made there, I say to the Congress assembled, I really think that is unfortunate. I Senator from West Virginia—and we SECTION 1. REPEAL OF THE LINE ITEM VETO ACT think the Senate was showing leader- are getting closer, I believe, on the for- OF 1996. ship by moving on to the ISTEA high- eign operations appropriations bill. So (a) IN GENERAL.—The Line Item Veto Act way bill. The Environment and Public we have other business that we need to (Public Law 104–130) and the amendments Works Committee came up with a good do and must do, and we cannot give the made by that Act are repealed. bill. It was reported unanimously from balance of our time to the delay of the (b) APPLICABILITY.—The Impoundment the committee. I think we would show Control Act of 1974 shall be applied and ad- ISTEA bill based on the campaign fi- leadership to pass the 6-year bill nance reform issue. ministered as if the Line Item Veto Act had whereas the House had only passed a 6- not been enacted. month extension. I think it would be f Mr. BYRD. I yield the floor. better for the country if we did this bill MORNING BUSINESS f now. I think it would be better for the Senate if we did it now. I think that Mr. LOTT. Mr. President, I now ask INTERMODAL SURFACE TRANS- next spring or next summer or, heaven unanimous consent that the Senate re- PORTATION EFFICIENCY ACT OF forbid, next fall, if we are still working sume morning business with Senators 1997 on the highway bill, it will get tougher permitted to speak up to 5 minutes Mr. LOTT. I now ask the Senate re- and tougher and tougher as more prob- each. sume the highway bill. lems are developed, more amendments The PRESIDING OFFICER. Without The PRESIDING OFFICER. The are written and as we get closer to objection, it is so ordered. clerk will report. elections. Every State is going to be- f The assistant legislative clerk read lieve it has to have a little bit more, a as follows. little bit more for highways and UNITED STATES-CHINA RELATIONS A bill (S. 1173) to authorize funds for con- bridges. That is fine. We all need that. Mr. ASHCROFT. Mr. President, I rise struction of highways, for highway safety But we need some kind of closure on today to address the state of United programs, and for mass transit programs, how we deal with the formula and what States-China relations as the summit and for other purposes. funds are going to be available to our with Chinese President Jiang Zemin The Senate continued with the con- States. approaches. President Clinton is ex- sideration of the bill. I think this is very unfortunate. I do pected to give a speech this afternoon CLOTURE MOTION not see there is any process now for on United States-China relations, a Mr. LOTT. Mr. President, I send a there even to be a short-term exten- speech that will, no doubt, continue to cloture motion to the desk. sion. Everything seems to be tied to defend the administration’s policy of The PRESIDING OFFICER. The clo- something on campaign finance reform so-called ‘‘constructive engagement’’ ture motion having been presented that we have not been able to develop with China. The policy generally posits under rule XXII, the Chair directs the yet. I want to emphasize to all Sen- that there is no alternative for the ators that yesterday I believed Senator clerk to read the motion. United States but to accommodate DASCHLE and I had come very, very The assistant legislative clerk read China in virtually any behavior in hope close to having an agreement worked as follows: of establishing a good relationship with out whereby we would consider this CLOTURE MOTION Beijing. other, unrelated to the highway bill, I want to be clear that I certainly do We, the undersigned Senators, in ac- campaign finance issue next March, by cordance with the provisions of rule hope that a stable and positive rela- the end of the first week in March, and tionship can be established between XXII of the Standing Rules of the Sen- that amendments would be in order ate, do hereby move to bring to a close our two countries, but the administra- and that there wasn’t going to be an ef- tion’s China policy of engagement debate on the modified committee fort to fill up the tree and that Sen- gives little regard to the behavior of amendment to S. 1173, the Intermodal ators could offer amendments, first de- China and is putting the prospect of a Surface Transportation Efficiency Act: gree, second degree, and motions to strong relationship with Beijing at Trent Lott, John Chafee, John Ashcroft, table would be in order. Everything risk. Rather than constructively en- Larry Craig, Don Nickles, Mike would basically go the regular order. gage Beijing, this administration’s DeWine, Frank Murkowski, Richard But for some reason, at the last China policy has been advanced at the Shelby, Gordon Smith, Robert Bennett, minute, interested Senators could not Craig Thomas, Pat Roberts, Mitch expense of discarded American prin- agree to that, but a very good-faith ef- McConnell, Conrad Burns, Spence ciples and lost United States credi- fort was made by Senators on both Abraham, and Jesse Helms. bility in the international arena. For sides of the aisle and on both sides of Mr. LOTT. For the information of all the issue, and it did not come about. instance, China has a weapons pro- Senators, I have just filed the last clo- I am willing to have the Senate have liferation record that is unrivaled in ture motion to the highway bill. This this issue before it and have one more the world, distributing weapons of cloture vote will occur on Tuesday. If cloture vote, but then we will have to mass destruction in spite of previous cloture is not invoked on Tuesday, I move on. nonproliferation commitments. Beijing will have to ask the Senate then to I also want to emphasize that next also maintains trade barriers which move on to other items. Monday we do intend to take up some continue to block United States goods Needless to say, I hope cloture will be important issues, including the Inte- and United States companies from invoked on Tuesday. I know there are rior appropriations conference report being involved in the kind of free and some Senators who have voted against we have finally completed action on. If open commerce we should have with cloture three times who intend to vote we have to, we are going to call for a China. And in the last several years, for it if this is going to be the last one. vote on the Federal Reserve nominees Beijing has had a human rights record I have, as majority leader, basically that the President has sent to the Sen- that has resulted in the most intense given 2 weeks to opening statements ate and the Senate committee has now religious persecution in several dec- and a preliminary discussion about the reported to the full Senate for action. ades, and in the silencing of all active highway bill while we tried to see if And we are going to have to take up political dissidents. other issues could be resolved. But un- legislation dealing with the threatened The latest State Department report less we can get cloture invoked and I Amtrak strike. on human rights noted that all Chinese can unstack the tree of amendments So we will have a full plate of things political dissidents had been detained and allow us to go forward with full de- to do Monday and Tuesday, and we and imprisoned. We have to remind

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11188 CONGRESSIONAL RECORD — SENATE October 24, 1997 ourselves that there are 1.3 billion peo- The administration says China has States in combatting the global spread ple in China and to be without any po- honored its nonproliferation pledge of of weapons of mass destruction. Rather litical dissent in a country that large May 1996. But let me again make clear than forcefully address this critical na- is indeed a troubling matter. that the CIA report covers the last half tional security threat, our administra- In spite of these distressing areas in of 1996, the period after China made its tion apparently is downsizing our our relationship with China, there is so-called nuclear nonproliferation com- counterproliferation apparatus and near unanimity in the administration mitment. How the administration can making life uncomfortable for key per- that China must be embraced, that it expect to be a credible actor in the sonnel who have dedicated their lives must be accommodated, that it some- international community by saying to protect our country from the spread how must be honored. Betraying our that the nonproliferation commitment of weapons of mass destruction. country’s history of leadership in de- of May 1996 was honored, when the CIA The recent announcement of the re- fense of freedom and a stable inter- says that after May, China was the tirement of Gordon Oehler from the national environment is not a way to principal supplier to Pakistan of equip- Central Intelligence Agency is, accord- enhance our relationship with China. ment, material and technology for a ing to an article in the Washington I believe a strong relationship would nuclear weapons program—how the ad- Post, driven by the administration’s be based on mutual respect and trust, ministration can say that is consistent disapproval of Mr. Oehler’s candor and but when we constantly compromise, with the nonproliferation commitment his honesty in informing Congress of when we constantly accommodate, and is beyond me. the weapons proliferation activity, not when we constantly ignore violations Since 1985, no President has been able only of China but of other nations. by the Chinese of their responsibilities to certify that China’s proliferation ac- Is our administration so infatuated in the international community and tivities meet the legal requirements with charming China at any price that their responsibilities to respect human that would allow us to start desig- we are willing to ignore the facts pre- rights, I believe we don’t provide a nating them as a nuclear cooperator sented by our intelligence personnel, foundation for a good United States- and to extend to them nuclear exports and when the facts are troublesome to China relationship. from the United States. I certainly us, that we make these intelligence of- Nuclear cooperation with China is don’t believe China’s recent activities ficers so uncomfortable that they re- one of the issues for discussion during warrant such certification now, not in sign? Government personnel like Gordon the summit, and it is an issue of par- the face of our own Government’s re- Oehler should be praised and thanked ticular concern to me. If the President port that they were the worst for helping defend our country and allows nuclear cooperation with China proliferators of components, equip- keeping Congress informed of rising to proceed, it may be the clearest illus- ment, and technology related to weap- tration yet of the appeasement-at-any- threats to our national security. ons of mass destruction, particularly Mr. President, China potentially has cost approach in our present United nuclear weapons of mass destruction. broken every major commitment that States-China policy. I might point out that Ken Adelman, it has made concerning the production The President is considering giving President Reagan’s Director of the China advanced United States nuclear or proliferation of weapons of mass de- Arms Control and Disarmament Agen- struction or the missile delivery sys- technology in spite of the fact that a cy and a key official involved in the tems to deliver such weapons. In light CIA report identified China as the formulation of the original 1985 agree- of China’s behavior, it is difficult to world’s worst proliferator of weapons- ment, also does not believe that Chi- understand why President Clinton is so of-mass-destruction technology. This na’s recent activities warrant the cer- eager to accept placebos and question- CIA report is not a stale document. tification for nuclear cooperation to able promises in exchange for the This report indicates that the Chinese proceed. transfer of valuable and potentially have been the worst proliferators of China has made several nonprolifera- dangerous nuclear technology. The weapons of mass destruction, and this tion promises in recent weeks to reas- United States needs to be sober and report came out last June. sure the administration. While these vigilant in dealing with China. The report says: commitments have the potential to im- A stable and truly constructive rela- During the last half of 1996, China was the prove China’s proliferation record, tionship with Beijing will be estab- most significant supplier of weapons-of- China has made and broken non- lished only when our national security mass-destruction-related goods and tech- proliferation commitments for a dec- interests are defended and when our nology to foreign countries. The Chinese pro- ade. I think we should first ask that vided a tremendous variety of assistance to commitment to the principles of lib- both Iran’s and Pakistan’s ballistic missile China at least keep its word for some erty and freedom is preserved. programs. China was also the primary source interval of time rather than blindly ac- There is something substantially dif- of nuclear-related equipment and technology cept China’s most recent nonprolifera- ferent between our commitment to to Pakistan and a key supplier to Iran dur- tion promises even though the previous freedom and liberty and what is occur- ing this reporting period. ones have been broken. ring in China. President Jiang’s re- The period the CIA report covers is We all know the potential for this marks recently indicate that he does the last half of 1996. In May 1996, just nuclear technology to be used in a vari- not believe that freedom is for all indi- before the period for the CIA report ety of settings and ways. I believe viduals, that freedom is something was to commence, the Chinese made a China must establish its commitment that is negotiable. He said, ‘‘The the- commitment to stop their proliferation to nonproliferation in deeds, not just ory of relativity worked out by Mr. activities. words. Chinese credibility should be es- Einstein which is in the domain of nat- In the face of one of their rather no- tablished before nuclear-related trade ural science, I believe, can be applied table assurances that they were going takes place between the United States to the political field.’’ to act differently, they continued to and China. We in the United States believe in persist in their active nuclear tech- The administration does not want God-given rights that are not relative, nology proliferation and the prolifera- Chinese President Jiang Zemin to re- and our policy with regard to China tion of other weapons of mass destruc- turn to Beijing emptyhanded. I think should be a policy which is based on tion technologies. Of course, the defini- that is kind and generous and warm credibility and integrity. Appeasement tion of weapons of mass destruction in- hearted, but I question the need to give or engagement without integrity is cludes nuclear, chemical and biological China nuclear technology just to make nothing more than a surrender of weapons. If there is any doubt as to President Jiang happy. American principles. what kind of nuclear-related equip- Have we forgotten the summit itself Mr. President, I ask unanimous con- ment was provided, the CIA report goes is a major gift to President Jiang, and sent that the Washington Post article on to state: why are we so anxious to make conces- to which I referred earlier be printed in Pakistan was very aggressive in seeking sions to China? I hope the President of the RECORD. out equipment, material and technology for the United States understands that at There being no objection, the article its nuclear weapons program with China as stake in the nuclear cooperation de- was ordered to be printed in the its principal supplier. bate is the credibility of the United RECORD, as follows:

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 24, 1997 CONGRESSIONAL RECORD — SENATE S11189 THE AGING MAOISTS OF BEIJING posal, and this president is always willing to This is what concerns me, Mr. Presi- (By Michael Kelly) grant potential or actual big-money donors dent, ‘‘fleshed out in negotiations.’’ It has been 12 years since the leader of the what he has called ‘‘a respectful hearing,’’ so The senior Senator from West Virginia People’s Republic of China has honored the there is naturally a desire at the White and the occupant of the chair, Senator House to see the sales go forward. United States with a visit, and in the mean- HAGEL, authored a resolution that has time relations between us have become—as But there is a problem: China’s impressive record in spreading the advance of the been supported in this body by an over- they say—strained. It has seemed at times whelming vote of 95 to 0. The Byrd- almost as if the aging Maoists of Beijing bomb—a record that includes the export of were trying to flaunt their disdain for Amer- nuclear technology and materiel to Iran, Hagel resolution said developing na- ican values and American interests. There Iraq, Pakistan and India. In 1985, as Wash- tions must have targets and timetables was the ever-ending campaign of torture and ington prepared for the last Sino-American in the same timeframe as the United imprisonment against advocates of political summit, the Chinese were found, in violation States. and religious liberty. There was, despite of recent promises, to be assisting the Paki- Mr. President, it is my contention Richard Gore, the continued occupation and stani nuclear program. As a result, Congress passed a law barring implementation of the that the President is glossing over the subjugation of Tibet. There was the unpleas- issue of developing-country participa- antness at Tiananmen Square. There were Nuclear Cooperation Agreement signed by president Reagan and the then-Chinese tion. the arms sales and the nuclear assistance to The Berlin Mandate says ‘‘no new nations unfriendly to the United States. President Li Xiannian, to permit nuclear There was the missile-rattling off the cost of trade with China until the President cer- commitments for developing nations.’’ Taiwan. There was the finely calculated hu- tified that China had stopped aiding the Has the President repudiated the Ber- miliation of Warren Christopher. There was spread of the bomb. lin Mandate? Otherwise, how in the the cool, unblushing dismantling of democ- Such certification has never been given be- world can President Clinton simply racy’s infrastructure in Hong Kong. Finally, cause China has never changed its behavior. state that this is something that can it appears, there was the attempt to subvert Gordon Oehler, the CIA’s senior official re- sponsible for monitoring mass-weapons pro- be taken care of in negotiations when our very own democratic system by illegally the Berlin Mandate clearly says no new funneling PRC cash into the 1996 elections. liferation, has testified to Congress that Now comes Jiang Zemin, president of China has provided Iran with large numbers commitments for developing nations? China, unapologetically. On the eve of his of anti-ship missiles that are considered a di- Our President only says ‘‘meaningful week-long American journey, Jiang gave rect threat to U.S. naval forces in the Per- commitments for developing nations.’’ careful interviews to The Washington Post sian Gulf. Oehler, by the way, resigned this I wonder what meaningful really and Time magazine. He told the reporters week amid reports that he had been under means. that the slaughter of democracy’s hopefuls pressure from administration policymakers At this time, we are somewhat at the at Tiananmen had been necessary for China’s over his unwelcome assessments. The administration insists that China mercy of our negotiators on this mat- economic boom (you can’t make an omelet ter. We have seen comments in the without rolling a tank over a few hundred has—just in the nick of time for a gift grand RECORD from various members of the eggs); that Taiwan must accept ‘‘the prin- enough for a summit—changed its ways. it ciple that there is only one China,’’ which is points to two promises: one in 1996 to stop Senate praising the President’s plan, to say rule by Beijing; that Chinese demo- aiding Pakistan’s nuclear program; the other stating that they are encouraged by cratic activists such as Wei Jingsheng and last week not to sell any more anti-ship mis- the policy announcements and pleased Wang Dan were languishing in prison ‘‘not siles to Iran. So, that’s that, the White with the White House plan. Another because they are so-called political dis- House argues, it’s time to certify China as a member said that the President’s posi- respectable member of the nuclear club at sidents but because they violated China’s tion should satisfy demands of the criminal law’’; that the good-hands people of last and get on with the business of the United States, which is business. As for Byrd-Hagel resolution as expressed in Beijing would continue to hold Tibet in their this body. cossetting grasp; and that the United States human rights—if everything goes to their must accept that China has its own stand- satisfaction next week, the Chinese hint Those demands are not met, Mr. ards of what constitutes a proper respect for they might be willing to let Wang Dan out of President, because Byrd-Hagel says de- democracy and human rights. ‘‘The theory of jail for a while. veloping nations must have targets and relativity worked out by Mr. Einstein, which This is policy so wrongheaded that it isn’t timetables in the same timeframe as is in the domain of natural science,’’ the old even interesting. It is possible that the Chi- the United States. That is the test. despot lectured, ‘‘I believe can also be ap- nese are suddenly serious about nonprolifera- Another Senator indicates this is a plied to the political field.’’ tion. And it would be nice to provide some foreign business for the nuclear industry, so green light that speaks to our Nation’s Quite so, say the Einsteinists in the Clin- commitment to reducing greenhouse ton administration who are driving the it doesn’t die from a lack of business at China policy they call ‘‘engagement.’’ Under home. But the Chinese have broken or bent gases. I am a bottom line person, a the rules of this engagement, the United most of their previous promises on issues of nuts and bolts kind of guy. How are we States has during the past five years an- nuclear exports, and their new promises are going to get there from here? How will swered China’s slights and slurs with shows untested. we reach the goal the President ex- of affection. The Commerce Department has We are engaged for the moment. A respon- pressed, which is to go back to emis- had its way in maintaining trading status sible president must not attempt to certify sions levels of 1990 by the years 2008 to what he cannot know to be so; a responsible for China as a most-favored nation. The 2012? State Department has kept its complaints Congress must stop, by a veto-proof two- thirds majority, a president who puts the in- Let’s do the math. about the oppression of democrats and Chris- Fifty-five percent of our U.S. energy tians to a discreet murmur. The president terests of Beijing and Westinghouse ahead of himself has most graciously entertained the national security. Let’s verify before we production is coal. What is happening friends of Mr. Johnny Chung and Mr. John trust. And let’s get something in return a lit- to coal? If a new climate treaty is Huang. The approval for an official visit by tle less pathetic than the release of one well- signed, there will be reductions in coal Jiang Zemin was the greatest engagement beaten man from his prison cell. use. EPA’s new air quality standards gift yet. The trip, which will begin with Mr. HAGEL assumed the chair. on ozone and particulate matter are Ziang laying a wreath for the slain of 1941 in Mr. ASHCROFT. I thank the Chair, likely to decrease coal use. EPA’s Pearl Harbor, is planned as an elaborate ex- and I yield the floor. tightened air quality standards on ox- ercise in propaganda, and it is intended to ides of sulfur and nitrogen will put serve both to ratify China’s post-Tiananmen f more emphasis on coal reduction. diplomatic rehabilitation and to solidify GLOBAL WARMING Ziang’s domestic political status. EPA’s proposed regional haze rule will And yet, the nervous suitors at the White Mr. MURKOWSKI. Mr. President, I put more pressure on coal as will any House fret, there must be something more noted that the White House recently new EPA mercury emission rules. we can do, something really grand. Indeed, it released a strategy for climate change So there is going to be more pressure develops, there is. Jiang’s government would talks. The President said the United to reduce use of the resource supplying like to buy some of the new-generation nu- States would not assume binding obli- 55 percent of our electricity. clear reactors that have been jointly devel- gations until developing countries What about nuclear? oped by the American nuclear industry and agree to participate meaningfully in Well, the President threatens to veto the government in an $870 million research project. The moribund nuclear industry is the climate-change issue. White House our nuclear waste bill. There have been desperate to sell to China, and it has lobbied officials said they expect requirements no new orders for new plants in the the administration heavily. The nuclear in- for developing countries would be United States since 1975. There is the dustry has, of course, large sums at its dis- fleshed out in negotiations. potential inability to recover stranded

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11190 CONGRESSIONAL RECORD — SENATE October 24, 1997 costs of nuclear plants in electric re- this without a carbon tax. The Depart- (Two trillion, three hundred eighty- structuring, so nuclear use is likely to ment of Energy says you need a carbon four billion, seventy-seven million) fall. permit price of $50/ton. There is no dif- which reflects a debt increase of more Nuclear is the largest carbon-free ference. There are no free rides. Some- than $3 trillion—$3,040,820,442,383.46 generator of power. The President body has to pay it. If it is a carbon tax, (Three trillion, forty billion, eight hun- didn’t even mention it in his plan. it is $50 a ton, and it goes to the con- dred twenty million, four hundred Let us go to our next contributor—10 sumer. If we set up some kind of a mar- forty-two thousand, three hundred percent of our energy comes from hy- ket in emissions, somebody like the eighty-three dollars and forty-six droelectric. Yet, there are consider- Board of Trade starts trading permits, cents) during the past 10 years. ations in the administration to tear they are estimated to equate to $50 a f down dams. An example that has been ton. Somebody is going to have to pay AN EMMY FOR KEVIN discussed is the Glen Canyon Dam. If for that, and that is the U.S. consumer. we tear down Glen Canyon, we would Let me conclude with just one obser- WALLEVAND: LAND MINE DOCU- drain Lake Powell—252 square miles. vation as we address China, as we ad- MENTARY That is a lake that provides the water dress the question of whether we Mr. DORGAN. Mr. President. A for Los Angeles, Phoenix, and Las should sell nuclear reactors and tech- bright young reporter, Kevin Vegas. It would eliminate sources of nology to China. Wallevand, who covers news in Fargo, carbon-free electricity for 4 million China has the availability of nuclear ND for WDAY television, has made my consumers in the Southwest. We would power reactors from France. They have State, and me, awfully proud. Kevin’s scuttle a $500 million tourist industry. it from other nations. Canada is sell- documentary, ‘‘The Quilt: Hope from What about gas that supplies 10 per- ing; Russia is selling. And certainly the Heartland,’’ has been awarded an cent of our power? Gas also emits car- they are a nuclear power. Emmy, television’s highest award. bons, but not as much. Demand would Do we want China to burn more coal? In North Dakota, we have always increase, prices would increase, and We already have a prohibition against known that Kevin is a talented re- shortages might result. assisting China in the development of porter, writer, and producer. Now, his Some people say we will pick up the the world’s largest hydroelectric documentary about the dark side of slack with wind and solar. I like wind project. It is called the Three Gorges human nature that allows exploding and solar, but you can’t always count Dam. The Eximbank will not assist. land mines to do the work of war; and on it. It is kind of interesting to see Let me tell you how big Three Gorges the bright side of human kind, the the Sierra’s Club announcement the is. That plant would produce 18,000 compassion people show toward one an- other day opposing wind farms. They megawatts, equal to 36 500-megawatt other in the aftermath of war’s trage- refer to them as ‘‘Cuisinarts for birds.’’ coal plants. So that is how China will dies, has earned him national acclaim. So they are opposed to that. Kevin Wallevand has produced a mov- So the point is, Mr. President, how address some of its energy demands ing story about a rural community do you get there from here if the ad- from carbon-free hydropower. But we where women create by hand a beau- ministration does not consider nuclear are prohibited from participating. And tiful, colorful quilt in the hope that it or hydroelectric? In his speech, the we are prohibited from participating in will warm and cheer someone less for- President specifically excludes hydro their nuclear power program. tunate than themselves. The resulting from renewable energy. So I think, Mr. President, we have to What about the rest of the world? Let be realistic. As the administration quilt begins its travels near the North me tell you what one of our witnesses comes down with its plan, again, I sug- Dakota border on the Buffalo River, said at a hearing yesterday. Mr. Bill gest to you that the President has and ends its journey along a river in Martin, former Deputy Secretary of glossed over the issue of the developing Angola, Africa where a homeless fam- Energy, said the world is likely to in- countries’ participation. ily—bodies ravaged by exploding land crease its dependence on coal primarily I suggest and remind my colleagues mines—clutches the quilt for warmth due to energy demand in China. This of the Byrd-Hagel vote that was 95 to 0. and safety. dependence is likely to result in the It said developing nations must have Sadly, we learn that the family’s doubling of sulfur dioxides in Asia and targets and timetables in the same story is not an isolated one. Kevin at least a 30-percent increase in global timeframe as the United States. And takes us into the hospital beds of other villagers who have fallen victim to CO2, in 1990 levels, by the year 2000. To the Berlin Mandate says, no new com- reach a sustainable energy with respect mitments for developing nations. landmines—who are displaced and an- to carbon, the world will have to triple So I conclude by saying the President ticipating the help and the arrival of natural gas production, increase coal only says ‘‘meaningful commitments thousands of quilts, blankets and other efficiencies through clean coal tech- for developing nations.’’ And I say donated items from American volun- nology, triple renewables, triple nu- ‘‘meaningful’’ means what? teers. clear power to a worldwide total of Mr. President, I thank the Chair. Hundreds of churches, like the one in 1,000 gigawatts and increase energy ef- f Kevin’s story, and other humanitarian groups have taken it upon themselves ficiency by at least 25 percent. THE VERY BAD DEBT BOXSCORE Mr. President, these are the real to give a little comfort and a little terms and conditions in the world that Mr. HELMS. Mr. President, at the hope to landmine victims. Now we, as a we are living in. Nuclear energy, re- close of business yesterday, Thursday, country, owe it to them to prevent this newables and energy efficiency emerge October 23, 1997, the Federal debt stood instrument of war, which targets inno- as the only viable source to date that at $5,424,897,442,383.46. (Five trillion, cent people long after the peace agree- are emissions-free and offer some en- four hundred twenty-four billion, eight ment has been signed, from ever being ergy independence to nations which hundred ninety-seven million, four used again. adopt them. hundred forty-two thousand, three hun- Like Kevin, I have seen first hand the The point I want to make here, Mr. dred eighty-three dollars and forty-six tragic human costs of landmines. While President, is that nuclear and hydro, a cents) serving in the House of Representa- big part of the solution, are not ad- One year ago, October 23, 1996, the tives, I visited a clinic in Central dressed in the administration’s pro- Federal debt stood at $5,229,624,000,000. America where landmine victims who posal on how to reduce emissions to (Five trillion, two hundred twenty-nine had lost hope, along with a leg or an the 1990 level by the year 2008 to 2012. billion, six hundred twenty-four mil- arm, were fitted for artificial limbs. I The witnesses at the hearings we lion) witnessed how important it was to sup- held yesterday said you cannot get Five years ago, October 23, 1992, the port this program which could turn there from here. You cannot physically Federal debt stood at $4,061,912,000,000. their lives around. When I returned, I do it unless you triple nuclear and the (Four trillion, sixty-one billion, nine worked to get funding so that other renewables, including hydro. hundred twelve million) landmine victims might be able to get Let me conclude with one other Ten years ago, October 23, 1987, the prosthetic limbs and I’m proud to say I thing. The President says we can do Federal debt stood at $2,384,077,000,000 helped get it done. Kevin must have

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 24, 1997 CONGRESSIONAL RECORD — SENATE S11191 the same kind of satisfaction—because be able to get television signals via sat- censes to ensure the best situation for by showing others the horrors of this ellite. all our constituents. war against the innocent, he has The market has changed substan- f struck a blow against the worldwide tially since 1988, and those changes MESSAGES FROM THE PRESIDENT scourge of land mines. But more must have led to many of the controversies be done. that currently surround the act. Many Messages from the President of the I commend Kevin Wallevand, and the are looking to satellite carriers to United States were communicated to others who worked on this story at compete directly with cable companies the Senate by Mr. Williams, one of his WDAY, for bringing this tragedy to the for viewership. But as we consider re- secretaries. attention of others. Landmines are a forms to make the license work better EXECUTIVE MESSAGES REFERRED worldwide problem, but with a very in the current marketplace, we need to As in executive session the Presiding simple solution. We must rid the world consider carefully the impact on the Officer laid before the Senate messages of landmines and promise future gen- original beneficiaries, rural folks who from the President of the United erations that this weapon of destruc- are otherwise beyond the reach of tra- States submitting a withdrawal and tion will never be used again for war- ditional television signals. sundry nominations which were re- fare. In sharing this Emmy winning I come from a state that has a fine ferred to the appropriate committees. story, Kevin’s work heightens our broadcast industry that invests its en- (The nominations received today are awareness of the problem and brings us ergy and capital in trying to reach as printed at the end of the Senate pro- a step closer to that ultimate goal. many viewers as it can in our moun- ceedings.) Congratulations to Kevin Wallevand. tainous State of Utah. But there are f some Utahans, or others in similar You make North Dakotans very proud. MESSAGES FROM THE HOUSE f rural States, who appear to be simply beyond the reach of broadcast trans- At 11:25 a.m., a message from the RURAL SATELLITE SUBSCRIBERS mitters and translators, despite the House of Representatives, delivered by Mr. HATCH. Mr. President, I rise best efforts of our broadcasters. As the Mr. Hays, one of its reading clerks, an- today to raise an issue that my col- chairman of the Judiciary Committee, nounced that the House has passed the leagues may have heard about, the re- I hope to find a fair way of helping the following bill, in which it requests the cent decision by an arbitration panel greatest number of Utahans have the concurrence of the Senate: convened under the auspices of the greatest amount of choice in television H.R. 2646. An act to amend the Internal Copyright Office in the Library of Con- entertainment. Obviously this means Revenue Code of 1986 to allow tax-free ex- penditures from education individual retire- gress regarding the rates satellite car- balancing a number of interests, since riers will pay under the satellite copy- ment accounts for elementary and secondary consumer choice will be curtailed if school expenses, to increase the maximum right compulsory license. The panel, in any segment of the industry is dis- annual amount of contributions to such ac- attempting to set a fair market value advantaged too much to support the counts, and for other purposes. of the retransmission of broadcast sig- other segments. We need to try to get A message from the House of Rep- nals, has decided to raise those rates a system that will be consumer-friend- resentatives, delivered by Mr. Hays, and has made the new rate effective ly, fair to creators and copyright hold- one of its reading clerks, announced July 1, 1997. The arbitration panel’s de- ers to encourage them to continue to that House agrees to the report of the cision is currently on appeal to the Li- produce quality entertainment, and committee of conference on the dis- brarian of Congress who is empowered that makes for a competitive environ- agreeing votes of the two Houses on to review the decision. The standard of ment that will lower prices and in- the amendments of the Senate to the review is limited to one of arbitrari- crease choices. As we do this, we need bill (H.R. 2107) making appropriations ness or contrariness to law. The Li- to remember the original purpose of for the Department of the Interior and brarian’s decision will be announced the satellite license, which is to make related agencies for the fiscal year end- next Tuesday, October 28. At that television available to those who can- ing September 30, 1998, and for other point, the Librarian’s decision is sub- not otherwise get it. purposes. ject to appeal to the Court of Appeals I believe many of my colleagues on f for the District of Columbia. The deci- the committee and in the Senate share sion to raise the rates and especially my views, particularly my good friend, MEASURE READ THE FIRST TIME its retroactive effective date has raised the ranking member of the Judiciary The following bill was read the first objections by the satellite carriers. Ob- Committee, Senator LEAHY. Mr. Presi- time: viously, copyright owners disagree dent, I would ask the distinguished H.R. 2646. An act to amend the Internal with the satellite carriers. My col- ranking member if he shares my con- Revenue Code of 1986 to allow tax-free ex- leagues may be contacted by one side cerns about rural satellite viewers, as penditures from education individual retire- or the other of this dispute in the com- well as the other affected interests in ment accounts for elementary and secondary ing weeks or months. this industry? school expenses, to increase the maximum annual amount of contributions to such ac- My colleagues should know that as Mr. LEAHY. I thank Senator HATCH counts, and for other purposes. chairman of the Senate Judiciary Com- for his comments. I am also very con- mittee, the committee of jurisdiction cerned about rural areas in my home f over copyright matters generally, and State of Vermont and about the needs INTRODUCTION OF BILLS AND the Satellite Home Viewers Act in par- of rural satellite viewers throughout JOINT RESOLUTIONS ticular, I have begun a review of the the country. The following bills and joint resolu- satellite and cable licenses. Earlier Mr. HATCH. I thank my colleague. tions were introduced, read the first this year I asked the Copyright Office Mr. President, I would ask my col- and second time by unanimous con- to conduct in depth public hearings and league from Vermont if he will work sent, and referred as indicated: make a comprehensive report to the with me and the other members of the By Mr. LUGAR: Judiciary Committee on the licenses, Judiciary Committee to help ensure S. 1313. A bill to provide market transition together with recommendations for re- that we keep the needs of rural sat- assistance to quota owners, tobacco pro- forms. The Judiciary Committee is now ellite viewers in mind as we consider ducers, and communities that are dependent reviewing these recommendations. reforms to the compulsory licenses? on tobacco production, to phase out Federal As we make our review of the com- Mr. LEAHY. I look forward to work- programs that support tobacco production, pulsory licenses, I believe we need to ing with you and the rest of the com- and for other purposes; to the Committee on keep in mind the needs of rural fami- mittee on these important issues. Agriculture, Nutrition, and Forestry. lies. The Satellite Home Viewers Act Mr. HATCH. I thank my colleague, By Mrs. HUTCHISON (for herself and Mr. FAIRCLOTH): was originally intended in 1988 to en- and I invite my colleagues in the Sen- S. 1314. A bill to amend the Internal Rev- sure that households that could not get ate to work with me and with the rank- enue Code of 1986 to provide that married television in any other way, such as ing member of the Judiciary Com- couples may file a combined return under traditional broadcast or cable, would mittee as we review the compulsory li- which

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11192 CONGRESSIONAL RECORD — SENATE October 24, 1997 each spouse is taxed using the rates applica- S. 1313. A bill to establish an Office of other nations, often terrorist countries ble to unmarried individuals; to the Com- National Security within the Securi- like Iran. mittee on Finance. ties and Exchange Commission, provide Mr. President, selling nuclear tech- By Mr. FAIRCLOTH: for the monitoring of the extent of for- nology to the Chinese is a terrible idea. S. 1315. A bill to establish an Office of Na- tional Security within the Securities and Ex- eign involvment in U.S. securities mar- Even worse, however, is the thought change Commission, provide for the moni- kets, financial institutions, and pen- that Americans are paying for it too. toring of the extent of foreign involvement sion funds, and for other purposes; to Since 1989, the Peoples Republic of in United States securities markets, finan- the Committee on Banking, Housing, China and various businesses connected cial institutions, and pension funds, and for and Urban Affairs. to the Chinese Government have issued other purposes; to the Committee on Bank- THE U.S. MARKET SECURITY ACT OF 1997 nearly $7 billion in bonds denominated ing, Housing, and Urban Affairs. Mr. FAIRCLOTH. Mr. President, on in United States dollars. By Mr. ABRAHAM (for himself, Mr. October 28 the President of the Peo- China itself has issued some $2.7 bil- BROWNBACK, Mr. KYL, Mr. HAGEL, Mr. lion in such bonds. ALLARD, Mr. FAIRCLOTH, Mr. NICKLES, ple’s Republic of China will begin an The Chinese International Trading and Mr. GRAMM): official state visit to this country. S. 1316. A bill to dismantle the Department Jiang Zemin is coming. It is reported, and Investment Co., Chaired by Wang of Commerce; to the Committee on Govern- as a gift to him, the Clinton adminis- Jung, reportedly connected to the Chi- mental Affairs. tration will applaud China’s policy on nese Army, has issued $800 million in By Mr. LAUTENBERG (for himself and weapons proliferation. bonds in the United States during the Mr. BAUCUS): As a reward for China’s responsible past few years. S. 1317. A bill to amend the Comprehensive behavior, President Clinton and Vice If Mr. Jung’s name sounds familiar— Environmental Response, Compensation, and its because he was at the White House Liability Act of 1980 to expand the oppor- President GORE plan to willingly, with- tunity for health protection for citizens af- out reservation, share our most sen- having coffee with the President on fected by hazardous waste sites; to the Com- sitive nuclear technology with China. February 6, 1996. What a delightful man mittee on Environment and Public Works. There is something very suspicious for a tea party. By Mr. ABRAHAM (for himself and Ms. about this drastic shift in U.S. foreign It was also discovered that Mr. LANDRIEU): policy. I cannot understand why the Jung’s other company, Poly Tech- S. 1318. A bill to establish an adoption administration would negotiate this nologies, was responsible for smuggling awareness program, and for other purposes; kind of deal? AK–47’s to Los Angeles gangs. to the Committee on Labor and Human Re- Hasn’t the CIA told us that China This is the man that was at the tea sources. party. By Mr. BYRD (for himself and Mr. serves as the weapons clearinghouse of The Bank of China has also issued MOYNIHAN): the world? Why in the world would S. 1319. A bill to repeal the Line Item Veto President Clinton seek to abandon a some $80 million in dollar denominated Act of 1996; to the Committee on the Budget longstanding Federal law that has pro- bonds in the United States. This is the and the Committee on Governmental Affairs, hibited American corporations from same bank that wired money to Charlie jointly, pursuant to the order of August 4, selling nuclear technology to Com- Trie on a regular basis. 1977, as modified by the order of April 11, munist China. Mr. President, my greatest concern is 1986, with instructions that if one committee It appears this is payback time. that American mutual funds and pen- reports, the other committee have 30 days to Senator THOMPSO9N and the Govern- sion funds will end up owning these report or be discharged. bonds. Where else is there for them to By Mr. ROCKEFELLER (for himself, mental Affairs Committee have spent Mr. DASCHLE, Mr. AKAKA, Mr. the last few months searching for why go except to mutual funds and pension WELLSTONE, and Mrs. MURRAY): China would funnel illegal contribu- funds? To say that these bonds are S. 1320. A bill to provide a scientific basis tions into American political cam- risky is putting a nice face on them. If for the Secretary of Veterans Affairs to as- paigns. Perhaps the pieces of the puzzle these companies default, they will sess the nature of the association between are starting to come together. stick the American taxpayer with the illnesses and exposure to toxic agents and Clearly, the Chinese Government bill on the Chinese bonds. environmental or other wartime hazards as a wants the best American technology Today, I am introducing legislation result of service in the Persian Gulf during that will require the SEC to establish the Persian Gulf war for purposes of deter- for both military and commercial use. mining a service connection relating to such China wants both nuclear weapons and an office of national security that will illnesses, and for other purposes; to the Com- nuclear powerplants. routinely report to the Congress on se- mittee on Veterans’ Affairs. Apparently, President Clinton And curity offerings by foreign govern- By Mr. JEFFORDS: vice President GORE are convinced that ments and companies. This will also re- S.J. Res. 37. A joint resolution to provide the best American nuclear technology quire the Pension Benefit Guaranty for the extension of a temporary prohibition is none too good for Beijing. Corporation to annually review Amer- of strikes or lockout and to provide for bind- Now I understand that there are ica’s pension funds and report on the ing arbitration with respect to the labor dis- some very good American companies number of foreign securities being pute between Amtrak and certain of its em- ployees; read the first time. which stand to make billions from this held. deal. Certainly the foreign policy es- It is time that Congress and the f tablishment is excited about all of the American public start paying attention SUBMISSION OF CONCURRENT AND new lobbying and consulting possibili- to this quiet financial invasion. We SENATE RESOLUTIONS ties. But aren’t there some far more need to pay attention to what is in important factors to be considered? America’s retirement funds because we The following concurrent resolutions Let me remind the Clinton adminis- know who will pick up the deficit. and Senate resolutions were read, and tration that its own Central Intel- Already, it has been reported that referred (or acted upon), as indicated: ligence Agency concluded in July that the Arkansas State Teachers’ Retire- By Mr. HELMS (for himself, Mr. LOTT, the People’s Republic of China had be- ment Fund is holding roughly 40 per- Mr. FAIRCLOTH, Mr. BREAUX, Mr. HOL- come the most significant supplier of cent of its assets in Pacific rim enti- LINGS, Mr. BINGAMAN, Mr. BROWN- nuclear and chemical weapons tech- ties, several of which are Chinese. BACK, and Mr. INOUYE): S. Res. 140. A resolution expressing the nology to foreign countries. If so, this is a tragedy for people who sense of the Senate in support of the Presi- Let me remind the Clinton adminis- worked all their lives and are counting dent’s action to eliminate discriminatory tration that the People’s Republic of on that pension for their retirement trade practices by Japan relating to inter- China sold chemical weapons materials peace of mind, when in reality it might national shipping; to the Committee on to Iran and missiles and ring magnets not happen. Commerce, Science, and Transportation. used to process uranium to Pakistan. Mr. President, maybe this adminis- f Let me remind the Clinton adminis- tration thinks the American people tration that the People’s Republic of don’t care about China’s activities. STATEMENTS ON INTRODUCED China has a long history of misrepre- Maybe I’m wrong, but I believe the BILLS AND JOINT RESOLUTIONS senting the use of American tech- American people do care. They know By Mr. FAIRCLOTH: nology it buys and then reselling it to the Chinese people are oppressed by a

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 24, 1997 CONGRESSIONAL RECORD — SENATE S11193 Communist government that uses cap- sistance to tobacco farmers while end- ering legislation to settle claims that italism when it is convenient to fur- ing the federal government’s support stem directly from tobacco use. ther their death grip on political for tobacco production. Clearly, the tobacco program may power. My legislation would buy out tobacco not be sustainable for much longer. They know that China engages in un- marketing quotas, provide transition With that reality facing all tobacco fair trading practices which result in a payments to tobacco producers, phase producers, we should not pass up this $50 billion trade deficit with the Amer- out the price support program, and pro- opportunity to provide economic as- ican people on an annual basis. They vide economic assistance to tobacco- sistance to farmers and their commu- know that China oppresses their people dependent communities. The cost of nities. and flagrantly violates human rights. these reforms would be approximately Mr. President, I ask unanimous con- They know China uses slave labor to $15 billion and would be paid for with sent that the text of the bill be in- make products for sale. They know funds from the tobacco settlement. Be- cluded in the RECORD. that China sells the internal organs of cause farmers were not considered in There being no objection, the bill was executed prisoners on the black mar- the negotiations that led to this settle- ordered to be printed in the RECORD, as ket. They know China infringes pat- ment, this amount would be added to follows: ents by selling pirated copies of Amer- the current $368.5 billion. S. 1315 ican products. They know the People’s Under my legislation, the tobacco Be it enacted by the Senate and House of Rep- Liberation Army is buying businesses quota program would end in 1999 and, resentatives of the United States of America in in the United States as fronts for their beginning that year, the price support Congress assembled, secretive dealings. They know China program would be phased out over SECTION 1. SHORT TITLE; TABLE OF CONTENTS. persecutes Christians and religious be- three years. In 1999, price supports (a) SHORT TITLE.—This Act may be cited as lievers. would decline by 25 percent, then by an the ‘‘Tobacco Transition Act’’. I say to President Clinton and Vice additional 10 percent in each of 2000 (b) TABLE OF CONTENTS.—The table of con- President GORE that the American peo- and 2001, and would end thereafter. tents of this Act is as follows: ple do care. And remember that while Quota owners would receive $8 for Sec. 1. Short title; table of contents. the People’s Republic of China may every pound of quota they own. They Sec. 2. Purposes. have supported their reelection cam- could elect to receive either first, a Sec. 3. Definitions. paigns, they do not support the free- lumpsum payment in 1999 if they agree TITLE I—TOBACCO PRODUCTION dom campaign of their own people. to cease tobacco production altogether, TRANSITION Selling highly sensitive nuclear tech- or second, three equal annual pay- Subtitle A—Tobacco Transition Contracts nology to China is a bad idea with ex- ments beginning in 1999 if they choose Sec. 101. Tobacco Transition Account. tremely dangerous consequences. Per- to continue to produce tobacco. Sec. 102. Offer and terms of tobacco transi- mitting the invasion of our capital Tobacco producers would receive tion contracts. transition payments of 40 cents per Sec. 103. Elements of contracts. markets is another bad idea with worse Sec. 104. Buyout payments to owners. potential consequences. pound over 3 consecutive years for to- Sec. 105. Transition payments to producers. I also believe that allowing China to bacco quota that they lease or rent on Subtitle B—Rural Economic Assistance own ports on both ends of the Panama a cash-rent or crop-share basis. Transi- Block Grants Canal is another bad idea, from whence tion payments would be based on the Sec. 111. Rural economic assistance block they could dominate the canal and will average of at least 3 years of produc- grants. bring dangerous consequences to our tion over the 1993–97 period. Producers TITLE II—TOBACCO PRICE SUPPORT AND national security. who both own and lease quota would PRODUCTION ADJUSTMENT PROGRAMS The Clinton administration and this receive transition payments based on Subtitle A—Tobacco Price Support Program Congress will face a difficult decision their leased quota and a buyout based between two very strong competing on the quota they own. Sec. 201. Interim reform of tobacco price Under this legislation, producers support program. forces—money and morality. I hope Sec. 202. Termination of tobacco price sup- they decide to do what is in the best in- would be able to grow whatever port program. amounts of tobacco they choose—free terests of the American people, not Subtitle B—Tobacco Production Adjustment their foreign campaign donors that of Government control. Most other Programs farm programs went through a similar have all fled the country. Sec. 211. Termination of tobacco production change just last year when Congress adjustment programs. By Mr. FAIRCLOTH: passed the freedom-to farm legislation. TITLE III—FUNDING S. 1315. A bill to establish an Office of The global tobacco settlement would National Security within the Securi- provide the funds to assist tobacco Sec. 301. Trust Fund. Sec. 302. Commodity Credit Corporation. ties and Exchange Commission, provide farmers as they join other farmers in for the monitoring of the extent of for- the free market. SEC. 2. PURPOSES. The purposes of this Act are— eign involvement in United States se- Communities that are economically curities markets, financial institu- (1) to authorize the use of binding con- dependent on tobacco production would tracts between the United States and to- tions, and pension funds, and for other receive $300 million in economic assist- bacco quota owners and tobacco producers to purposes; to the Committee on Bank- ance. Eligible States would receive compensate them for the termination of Fed- ing, Housing, and Urban Affairs. block grants to facilitate the develop- eral programs that support the production of THE TOBACCO TRANSITION ACT ment of alternative crops, industries, tobacco in the United States; Mr. LUGAR. Mr. President, I rise and infrastructure. Recipient States (2) to make available to States funds for today to introduce legislation to re- would then determine the areas most economic assistance initiatives in counties of States that are dependent on the produc- form the federal tobacco quota and in need of assistance. tion of tobacco; and price support programs. This legisla- Mr. President, with or without a set- (3) to terminate Federal programs that tion would provide economic assistance tlement, the forces to reform the to- support the production of tobacco in the to tobacco quota owners, tobacco pro- bacco program have been converging United States. ducers, and tobacco-dependent commu- for some time now and they can no SEC. 3. DEFINITIONS. nities as they make the transition to longer be ignored. High-domestic price In this Act: the free market. supports have hurt the competitiveness (1) ASSOCIATION.—The term ‘‘association’’ Nearly every American is aware of of U.S.-grown tobacco. Exports of to- means a producer-owned cooperative mar- the global tobacco settlement between bacco have fallen, while imports have keting association that has entered into a 40 States’ attorneys general and ciga- grown. Congress has already ended loan agreement with the Commodity Credit rette companies. Tobacco farmers and Government control over nearly every Corporation to make price support available to producers. their communities were conspicuously other farm commodity. And, most im- (2) BUYOUT PAYMENT.—The term ‘‘buyout omitted from these negotiations. Yet portantly, Congress cannot ask Ameri- payment’’ means a payment made to a quota the settlement offers Congress a unique cans to accept Federal support for to- owner under section 104 in 1 or more install- opportunity to provide economic as- bacco production when we are consid- ments in accordance with section 102(c)(1).

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(3) CONTRACT.—The term ‘‘contract’’ or (c) TERMINATION.—The Tobacco Transition through 2001 marketing years for a kind of ‘‘tobacco transition contract’’ means a con- Account terminates effective September 30, tobacco that was subject to a quota to a pro- tract entered into under section 102. 2001. ducer who— (4) GOVERNOR.—The term ‘‘Governor’’ SEC. 102. OFFER AND TERMS OF TOBACCO TRAN- (1) produced the kind of tobacco during at means the chief executive officer of a State. SITION CONTRACTS. least 3 of the 1993 through 1997 crop years; (5) LEASE.—The term ‘‘lease’’ means a (a) OFFER.—The Secretary shall offer to and rental of quota on either a cash rent or crop enter into a tobacco transition contract with (2) entered into a tobacco transition con- share basis. each owner and producer of tobacco. tract. (6) MARKETING YEAR.—The term ‘‘mar- (b) TERMS.—Under the terms of a contract, (b) TRANSITION PAYMENTS LIMITED TO keting year’’ means— the owner or producer shall agree, in ex- LEASED QUOTA.—A producer shall be eligible (A) in the case of Flue-cured tobacco, the change for a payment made pursuant to sec- for transition payments only for the portion period beginning July 1 and ending the fol- tion 104 or 105, as applicable, to relinquish of the production of the producer that is sub- lowing June 30; and the value of quota that is owned or leased. ject to quota that is leased during the 3 crop (c) RIGHTS OF OWNERS AND PRODUCERS.— (B) in the case of each other kind of to- years described in subsection (a)(1). (1) OWNERS.—An owner shall elect to re- bacco, the period beginning October 1 and (c) COMPENSATION FOR LOST REVENUE.—The ceive a buyout payment in— ending the following September 30. payments shall constitute compensation for (A) 1 installment for the kind of tobacco (7) OWNER.—The term ‘‘owner’’ means a the lost revenue incurred by a tobacco pro- involved, in exchange for permanently fore- person who, at the time of entering into a to- ducer during each of the 1999 through 2001 going production of tobacco; or bacco transition contract, owns quota pro- marketing years for the kind of tobacco in- (B) 3 equal installments, 1 installment for vided by the Secretary. volved. each of the 1999 through 2001 crops of to- (8) PHASEOUT PERIOD.—The term ‘‘phaseout bacco, in which case the owner shall have (d) ELECTION BY PRODUCER; PRODUCTION.— period’’ means the 3-year period consisting of (1) ELECTION.—The producer may elect the 1999 through 2001 marketing years. the right to continue production of each of those crops. which 3 of the 1993 through 1997 crop years (9) PRICE SUPPORT.—The term ‘‘price sup- shall be used for the calculation under sub- (2) PRODUCERS.—In the case of each of the port’’ means a nonrecourse loan provided by section (e). the Commodity Credit Corporation through 1999 through 2001 crops for the kind of to- bacco involved, a producer who is not an (2) PRODUCTION.—The producer shall have an association for the kind of tobacco in- the burden of demonstrating to the Sec- volved. owner during the 1998 marketing year for the kind of tobacco involved shall not be subject retary the production of tobacco for each (10) PRODUCER.—The term ‘‘producer’’ to any restrictions on the quantity of to- year of the election. means a person who during at least 3 of the (e) PAYMENT CALCULATION.—Under this sec- 1993 through 1997 crops of tobacco (as deter- bacco produced or marketed. SEC. 103. ELEMENTS OF CONTRACTS. tion, each of the 3 transition payments made mined by the Secretary) that were subject to to a producer for the kind of tobacco in- (a) DEADLINES FOR CONTRACTING.— quota— volved shall be determined by multiplying— (1) COMMENCEMENT.—To the maximum ex- (A) leased quota; (1) 40 cents; by (B) shared in the risk of producing a crop tent practicable, the Secretary shall com- mence entering into contracts under this (2) the average quantity of the kind of to- of tobacco; and bacco produced by the producer during the 3 (C) marketed the tobacco subject to quota. subtitle not later than 90 days after the date of enactment of this Act. crop years elected by the producer under (11) QUOTA.—The term ‘‘quota’’ means the subsection (d). quantity of tobacco produced in the United (2) DEADLINE.—The Secretary may not States, and marketed during a marketing enter into a contract under this subtitle Subtitle B—Rural Economic Assistance Block year, that will be used in, or exported from, after June 31, 1999. Grants (b) DURATION OF CONTRACT.— the United States during the marketing year SEC. 111. RURAL ECONOMIC ASSISTANCE BLOCK (including an adjustment for stocks), as esti- (1) BEGINNING DATE.—The term of a con- GRANTS. tract shall begin on the date that is the be- mated by the Secretary. (a) IN GENERAL.—For each of fiscal years ginning of the 1999 marketing year for the (12) SECRETARY.—The term ‘‘Secretary’’ 1999 through 2001, the Secretary shall use kind of tobacco involved. means the Secretary of Agriculture. funds in the Tobacco Transition Account to (2) TERMINATION DATE.— (13) STATE.—The term ‘‘State’’ means each provide block grants to tobacco-growing (A) IN GENERAL.—Except as provided in of the several States of the United States, States to assist areas of such a State that subparagraph (B), the term of a contract the District of Columbia, the Commonwealth are economically dependent on the produc- shall terminate on the date that is the end of of Puerto Rico, and any other territory or tion of tobacco. the 2001 marketing year for the kind of to- possession of the United States. (b) FUNDING.—To carry out this section, bacco involved. (14) TOBACCO.—The term ‘‘tobacco’’ means there shall be credited to the Tobacco Tran- (B) EXCEPTION.—In the case of an owner any kind of tobacco for which a marketing sition Account, from the Trust Fund, who enters into a contract and elects to re- quota is in effect or for which a marketing $100,000,000 for each of fiscal years 1999 ceive a buyout payment in 1 installment quota is not disapproved by producers. through 2001. under section 102(c)(1)(A), the contract shall (15) TOBACCO TRANSITION ACCOUNT.—The (c) PAYMENTS BY SECRETARY TO TOBACCO- term ‘‘Tobacco Transition Account’’ means be permanent. (c) TIME FOR PAYMENT.— GROWING STATES.— the Tobacco Transition Account established (1) IN GENERAL.—A buyout payment or (1) IN GENERAL.—The Secretary shall use by section 101(a). transition payment shall be made not later the amount available for a fiscal year under (16) TRANSITION PAYMENT.—The term than the date that is the beginning of the subsection (b) to make block grant payments ‘‘transition payment’’ means a payment marketing year for the kind of tobacco in- to the Governors of tobacco-growing States. made to a producer under section 105 for volved for each year of the term of a tobacco (2) AMOUNT.—The amount of a block grant each of the 1999 through 2001 marketing transition contract of an owner or producer paid to a tobacco-growing State shall be years. of tobacco. based on— (17) TRUST FUND.—The term ‘‘Trust Fund’’ (2) APPLICABILITY.—This subsection shall (A) the number of counties in the State in means the National Tobacco Settlement be applicable to all payments covered by sec- which tobacco production is a significant Trust Fund established in the Treasury of tion 102(c). part of the county’s economy; and the United States consisting of amounts that (B) the level of economic dependence of the are appropriated or credited to the Trust SEC. 104. BUYOUT PAYMENTS TO OWNERS. (a) IN GENERAL.—During the phaseout pe- county on tobacco production. Fund from the tobacco settlement approved riod, the Secretary shall make buyout pay- (d) GRANTS BY STATES TO ASSIST TOBACCO- by Congress. ments to owners in accordance with section GROWING AREAS.— (18) UNITED STATES.—The term ‘‘United 102(c)(1). (1) IN GENERAL.—A Governor of a tobacco- States’’, when used in a geographical sense, (b) COMPENSATION FOR LOST VALUE.—The growing State shall use the amount of the means all of the States. payment shall constitute compensation for block grant to the State under subsection (c) TITLE I—TOBACCO PRODUCTION the lost value to the owner of the quota. to make grants to counties or other public or TRANSITION (c) PAYMENT CALCULATION.—Under this sec- private entities in the State to assist areas that are dependent on the production of to- Subtitle A—Tobacco Transition Contracts tion, the total amount of the buyout pay- ment made to an owner shall be determined bacco, as determined by the Governor. SEC. 101. TOBACCO TRANSITION ACCOUNT. by multiplying— (2) AMOUNT.—The amount of a grant paid (a) ESTABLISHMENT.—There is established (1) $8.00; by to a county or other entity to assist an area in the Trust Fund a Tobacco Transition Ac- (2) the average annual quantity of quota shall be based on (as determined by the Sec- count. owned by the owner during the 1995 through retary)— (b) USE.—Funds appropriated or credited to 1997 crop years. (A) the ratio of gross tobacco sales receipts the Tobacco Transition Account shall be SEC. 105. TRANSITION PAYMENTS TO PRO- in the area to the total farm income in the available for providing buyout payments and DUCERS. area; and transition payments authorized under this (a) IN GENERAL.—The Secretary shall make (B) the ratio of all tobacco related receipts subtitle. transition payments during each of the 1999 in the area to the total income in the area.

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(3) USE OF GRANTS.—A county or other en- tion on the crop, plus interest, charges, and crops of quota tobacco and making loan ad- tity that receives a grant under this sub- costs of administering the price support pro- vances to producers as authorized; and section shall use the grant in a manner de- gram. ‘‘(B) any other purposes that will be mutu- termined appropriate by the county or enti- ‘‘(4) NO NET COST TOBACCO FUND.—The term ally beneficial to producers and purchasers ty (with the approval of the State) to assist ‘No Net Cost Tobacco Fund’ means the cap- and to the Corporation; producers and other persons who are eco- ital account established within each associa- ‘‘(2) permit an association to invest the nomically dependent on the production of to- tion under this section. funds in the No Net Cost Tobacco Fund in bacco, including use for— ‘‘(5) PURCHASER.—The term ‘purchaser’ such manner as the Secretary may approve, (A) on-farm diversification and alter- means any person who purchases in the and require that the interest or other earn- natives to the production of tobacco and risk United States, either directly or indirectly ings on the investment shall become a part management; and for the account of the person or another per- of the No Net Cost Tobacco Fund; (B) off-farm activities such as development son, Flue-cured or burley quota tobacco. ‘‘(3) require that loan agreements between of non-tobacco related jobs. ‘‘(6) QUOTA TOBACCO.—The term ‘quota to- the Corporation and the association provide (e) TERMINATION OF AUTHORITY.—The au- bacco’ means any kind of tobacco for which that the Corporation shall retain the net thority provided by this section terminates marketing quotas are in effect or for which gains from each of the 1982 and subsequent October 1, 2001. marketing quotas are not disapproved by crops of tobacco pledged by the association TITLE II—TOBACCO PRICE SUPPORT AND producers. as security for price support loans, and that PRODUCTION ADJUSTMENT PROGRAMS ‘‘(7) TRUST FUND.—The term ‘Trust Fund’ the net gains will be used for the purpose of— Subtitle A—Tobacco Price Support Program means the National Tobacco Settlement Trust Fund established in the Treasury of ‘‘(A) offsetting any losses sustained by the SEC. 201. INTERIM REFORM OF TOBACCO PRICE Corporation under its loan agreements with SUPPORT PROGRAM. the United States consisting of amounts that are appropriated or credited to the Trust the association for any of the 1982 and subse- (a) PRICE SUPPORT RATES.—Section 106 of quent crops of tobacco; or the Agricultural Act of 1949 (7 U.S.C. 1445) is Fund from the tobacco settlement approved ‘‘(B) reducing the outstanding balance of amended— by Congress. any price support loan made by the Corpora- (1) by striking subsection (a) and inserting ‘‘(b) PRICE SUPPORT PROGRAM; LOANS.—The tion to the association under the loan agree- the following: Secretary— ments for 1982 and subsequent crops of to- ‘‘(a) IN GENERAL.—The price support rate ‘‘(1) may carry out the tobacco price sup- for each kind of tobacco for which quotas port program through the Corporation; and bacco; and have been approved shall be reduced by— ‘‘(2) shall, except as otherwise provided by ‘‘(4) effective for the 1986 and subsequent ‘‘(1) for the 1999 crop, 25 percent from the this section, continue to make price support crops of quota tobacco, if the Secretary de- 1998 support rate for the kind of tobacco in- available to producers through loans to asso- termines that the amount in the No Net Cost volved; ciations that, under agreements with the Tobacco Fund or the net gains referred to in ‘‘(2) for the 2000 crop, 10 percent from the Corporation, agree to make loan advances to paragraph (3) exceeds the total amount nec- 1999 support rate for the kind of tobacco in- producers. essary for the purposes specified in this sec- volved; and ‘‘(c) ESTABLISHMENT OF FUND.— tion, suspend the transfer of amounts from ‘‘(3) for the 2001 crop, 10 percent from the ‘‘(1) IN GENERAL.—Each association shall the Trust Fund to the No Net Cost Tobacco 2000 support rate for the kind of tobacco in- establish within the association a No Net Fund under this section. ‘‘(e) NONCOMPLIANCE.— volved.’’; Cost Tobacco Fund. ‘‘(1) IN GENERAL.—If any association that (2) by striking subsections (b) and (f); and ‘‘(2) AMOUNT.—There shall be transferred has entered into a loan agreement with the (3) by redesignating subsection (c), (d), and from the Trust Fund to each No Net Cost To- Corporation with respect to any of the 1982 (g) as subsections (b), (c), and (d), respec- bacco Fund such amount as the Secretary or subsequent crops of quota tobacco fails or tively. determines will be adequate to reimburse the refuses to comply with this section (includ- (b) BUDGET DEFICIT ASSESSMENT.—Section Corporation for any net losses that the Cor- ing regulations promulgated under this sec- 106 of the Agricultural Act of 1949 (7 U.S.C. poration may sustain under its loan agree- tion) or the terms of the agreement, the Sec- 1445) (as amended by subsection (a)(3)) is ments with the association, based on— retary may terminate the agreement or pro- amended by striking subsection (d) and in- ‘‘(A) reasonable estimates of the amounts vide that no additional loan funds may be serting the following: that the Corporation has lent or will lend to made available under the agreement to the ‘‘(d) TOBACCO TRANSITION PAYMENT.—Effec- the association for price support for the 1982 tive only for the 1998 crop of tobacco, the and subsequent crops of quota tobacco, ex- association. Secretary of the Treasury shall transfer cept that for the 1986 and subsequent crops of ‘‘(2) PRICE SUPPORT.—If the Secretary from the Tobacco Transition Account of the burley quota tobacco, the Secretary shall de- takes action under paragraph (1), the Sec- National Tobacco Settlement Trust Fund an termine the amount of assessments without retary shall make price support available to amount equal to the product obtained by regard to any net losses that the Corporation producers of the kind or kinds of tobacco, multiplying— may sustain under the loan agreements of the price of which had been supported ‘‘(1) the amount per pound equal to 2 per- the Corporation with the association for the through loans to the association, through cent of the national price support level for 1983 crop of burley quota tobacco; such other means as are authorized by this each kind of tobacco for which price support ‘‘(B) the cost of administering the tobacco Act or the Commodity Credit Corporation is made available under this Act; and price support program (as determined by the Charter Act (15 U.S.C. 714 et seq.). ‘‘(f) TERMINATION OF AGREEMENT OR ASSO- ‘‘(2) the total quantity of the kind of to- Secretary); and CIATION.—If, under subsection (e), a loan ‘‘(C) the proceeds that will be realized from bacco that is produced or purchased in, or agreement with an association is termi- imported into, the United States.’’. the sales of tobacco that are pledged to the nated, or if an association having a loan (c) NO NET COST TOBACCO FUND AND AC- Corporation by the association as security agreement with the Corporation is dissolved, COUNT.— for loans. merges with another association, or other- (1) NO NET COST TOBACCO FUND.—Section ‘‘(d) ADMINISTRATION.—The Secretary wise ceases to operate, the No Net Cost To- 106A of the Agricultural Act of 1949 (7 U.S.C. shall— bacco Fund or the net gains referred to in 1445–1) is amended to read as follows: ‘‘(1) require that the No Net Cost Tobacco subsection (d)(3) shall be applied or disposed ‘‘SEC. 106A. NO NET COST TOBACCO FUND. Fund established by each association be kept of in such manner as the Secretary may ap- ‘‘(a) DEFINITIONS.—In this section: and maintained separately from all other ac- prove or prescribe, except that the net gains ‘‘(1) ASSOCIATION.—The term ‘association’ counts of the association and be used exclu- shall, to the extent necessary, first be ap- means a producer-owned cooperative mar- sively, as prescribed by the Secretary, for plied or used for the purposes specified in keting association that has entered into a the purpose of ensuring, insofar as prac- this section. loan agreement with the Corporation to ticable, that the Corporation, under its loan ‘‘(g) REGULATIONS.—The Secretary shall make price support available to producers of agreements with the association with re- issue such regulations as are necessary to a kind of tobacco. spect to 1982 and subsequent crops of quota carry out this section.’’. ‘‘(2) CORPORATION.—The term ‘Corporation’ tobacco, will suffer no net losses (including (2) NO NET COST TOBACCO ACCOUNT.—Section means the Commodity Credit Corporation, recovery of the amount of loans extended to 106B of the Agricultural Act of 1949 (7 U.S.C. an agency and instrumentality of the United cover the overhead costs of the association), 1445–2) is amended to read as follows: States within the Department of Agriculture after any net gains are applied to net losses ‘‘SEC. 106B. NO NET COST TOBACCO ACCOUNT. through which the Secretary makes price of the Corporation under paragraph (3), ex- ‘‘(a) DEFINITIONS.—In this section: support available to producers. cept that, notwithstanding any other provi- ‘‘(1) AREA.—The term ‘area’, when used in ‘‘(3) NET GAINS.—The term ‘net gains’ sion of law, the association may, with the connection with an association, means the means the amount by which the total pro- approval of the Secretary, use funds in the general geographical area in which farms of ceeds obtained from the sale by an associa- No Net Cost Tobacco Fund, including inter- the producer-members of the association are tion of a crop of quota tobacco pledged to the est and other earnings, for— located, as determined by the Secretary. Corporation for a price support loan exceeds ‘‘(A) the purposes of reducing the associa- ‘‘(2) ASSOCIATION.—The term ‘association’ the principal amount of the price support tion’s outstanding indebtedness to the Cor- has the meaning given the term in section loan made by the Corporation to the associa- poration associated with 1982 and subsequent 106A(a)(1).

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‘‘(3) CORPORATION.—The term ‘Corporation’ ticable, that the Corporation under its loan (c) DEFINITION OF BASIC AGRICULTURAL has the meaning given the term in section agreements with the association will suffer, COMMODITY.—Section 408(c) of the Agricul- 106A(a)(2). with respect to the crop involved, no net tural Act of 1949 (7 U.S.C. 1428(c)) is amended ‘‘(4) NET GAINS.—The term ‘net gains’ has losses (including recovery of the amount of by striking ‘‘tobacco,’’. the meaning given the term in section loans extended to cover the overhead costs of (d) REVIEW OF BURLEY TOBACCO IMPORTS.— 106A(a)(3). the association), after any net gains are ap- Section 3 of Public Law 98–59 (7 U.S.C. 625) is ‘‘(5) NO NET COST TOBACCO ACCOUNT.—The plied to net losses of the Corporation under repealed. term ‘No Net Cost Tobacco Account’ means subsection (g). (e) POWERS OF COMMODITY CREDIT CORPORA- an account established by and in the Cor- ‘‘(e) EXCESS AMOUNTS.—If the Secretary de- TION.—Section 5 of the Commodity Credit poration for an association under this sec- termines that the amount in the No Net Cost Corporation Charter Act (15 U.S.C. 714c) is tion. Tobacco Account or the net gains referred to amended by inserting ‘‘(other than tobacco)’’ ‘‘(6) PURCHASER.—The term ‘purchaser’ has in subsection (g) exceed the total amount after ‘‘agricultural commodities’’ each place the meaning given the term in section necessary to carry out this section, the Sec- it appears. 106A(a)(5). retary shall suspend the transfer of amounts (f) TRANSITION PROVISIONS.— ‘‘(7) TOBACCO.—The term ‘tobacco’ means from the Trust Fund to the No Net Cost To- (1) LIABILITY.—The amendments made by any kind of tobacco (as defined in section bacco Account under this section. this section shall not affect the liability of ‘‘(f) TERMINATION OF AGREEMENT OR ASSO- 301(b) of the Agricultural Adjustment Act of any person under any provision of law as in CIATION.—In the case of an association for 1938 (7 U.S.C. 1301(b))) for which marketing effect before the effective date of this sec- which a No Net Cost Tobacco Account is es- quotas are in effect or for which marketing tion. tablished under subsection (b)(2), if a loan quotas are not disapproved by producers. agreement between the Corporation and the (2) TOBACCO STOCKS AND LOANS.—The Sec- ‘‘(8) TRUST FUND.—The term ‘Trust Fund’ association is terminated, if the association retary shall issue regulations that require— has the meaning given the term in section is dissolved or merges with another associa- (A) the orderly disposition of tobacco 106A(a)(7). tion that has entered into a loan agreement stocks; and ‘‘(b) PRICE SUPPORT PROGRAM; LOANS.— with the Corporation to make price support (B) the repayment of all tobacco price sup- Notwithstanding section 106A, the Secretary available to producers of the kind of tobacco port loans by not later than 1 year after the shall, on the request of any association, and involved, or if the No Net Cost Tobacco Ac- effective date of this section. may, if the Secretary determines, after con- count terminates by operation of law, (g) CROPS.—This section and the amend- sultation with the association, that the ac- amounts in the No Net Cost Tobacco Ac- ments made by this section shall apply with cumulation of the No Net Cost Tobacco Fund count and the net gains referred to in sub- respect to the 2002 and subsequent crops of for the association under section 106A is, and section (g) shall be applied to or disposed of the kind of tobacco involved. is likely to remain, inadequate to reimburse in such manner as the Secretary may pre- the Corporation for net losses that the Cor- Subtitle B—Tobacco Production Adjustment scribe, except that the net gains shall, to the poration sustains under its loan agreements Programs extent necessary, first be applied to or used with the association— SEC. 211. TERMINATION OF TOBACCO PRODUC- for the purposes specified in this section. ‘‘(1) continue to make price support avail- TION ADJUSTMENT PROGRAMS. ‘‘(g) NET GAINS.—The provisions of section able to producers through the association in (a) DECLARATION OF POLICY.—Section 2 of 106A(d)(3) relating to net gains shall apply to the Agricultural Adjustment Act of 1938 (7 accordance with loan agreements entered any loan agreement between an association into between the Corporation and the asso- U.S.C. 1282) is amended by striking ‘‘to- and the Corporation entered into on or after bacco,’’. ciation; and the establishment of a No Net Cost Tobacco (b) DEFINITIONS.—Section 301(b) of the Ag- ‘‘(2) establish and maintain in accordance Account for the association under subsection with this section a No Net Cost Tobacco Ac- ricultural Adjustment Act of 1938 (7 U.S.C. (b)(2). 1301(b)) is amended— count for the association in lieu of the No ‘‘(h) REGULATIONS.—The Secretary shall (1) in paragraph (3)— Net Cost Tobacco Fund established within issue such regulations as are necessary to (A) by striking subparagraph (C); and the association under section 106A. carry out this section.’’. (B) by redesignating subparagraph (D) as ‘‘(c) ESTABLISHMENT OF ACCOUNT.— (3) CONFORMING AMENDMENTS.— subparagraph (C); ‘‘(1) IN GENERAL.—A No Net Cost Tobacco (A) Section 314(a) of the Agricultural Ad- (2) in paragraph (6)(A), by striking ‘‘to- Account established for an association under justment Act of 1938 (7 U.S.C. 1314(a)) is bacco,’’; subsection (b)(2) shall be established within amended in the first sentence— (3) in paragraph (7), by striking the fol- the Corporation. (i) by striking ‘‘(1)’’; and lowing: ‘‘(2) AMOUNT.—There shall be transferred (ii) by striking ‘‘, or (2)’’ and all that fol- ‘‘tobacco (flue-cured), July 1—June 30; from the Trust Fund to each No Net Cost To- lows through ‘‘106B(d)(1) of that Act’’. ‘‘tobacco (other than flue-cured), October bacco Account such amount as the Secretary (B) Section 320B(c)(1) of the Agricultural 1–September 30;’’; determines will be adequate to reimburse the Adjustment Act of 1938 (7 U.S.C. 1314h(c)(1)) (4) in paragraph (10)— Corporation for any net losses that the Cor- is amended by inserting after ‘‘1445–2)’’ the (A) by striking subparagraph (B); and poration may sustain under its loan agree- following: ‘‘(as in effect before the effective (B) by redesignating subparagraph (C) as ments with the association, based on— date of the amendments made by section subparagraph (B); ‘‘(A) reasonable estimates of the amounts 201(c) of the Tobacco Transition Act)’’. that the Corporation has lent or will lend to (d) ADMINISTRATIVE COSTS.—Section 1109 of (5) in paragraph (11)(B), by striking ‘‘and the association for price support for the 1982 the Agriculture and Food Act of 1981 (Public tobacco’’; and subsequent crops of quota tobacco, ex- Law 97–98; 7 U.S.C. 1445 note) is repealed. (6) in paragraph (12), by striking ‘‘to- cept that for the 1986 and subsequent crops of (e) CROPS.—This section and the amend- bacco,’’; burley quota tobacco, the Secretary shall de- ments made by this section shall apply with (7) in paragraph (14)— termine the amount of assessments without respect to the 1999 and subsequent crops of (A) in subparagraph (A), by striking ‘‘(A)’’; regard to any net losses that the Corporation the kind of tobacco involved. and may sustain under the loan agreements of SEC. 202. TERMINATION OF TOBACCO PRICE SUP- (B) by striking subparagraphs (B), (C), and the Corporation with the association for the PORT PROGRAM. (D); 1983 crop of burley quota tobacco; (a) PARITY PRICE SUPPORT.—Section 101 of (8) by striking paragraph (15); ‘‘(B) the cost of administering the tobacco the Agricultural Act of 1949 (7 U.S.C. 1441) is (9) in paragraph (16)— price support program (as determined by the amended— (A) by striking subparagraph (B); and Secretary); and (1) in the first sentence of subsection (a), (B) by redesignating subparagraph (C) as ‘‘(C) the proceeds that will be realized from by striking ‘‘tobacco (except as otherwise subparagraph (B); and the sales of the kind of tobacco involved that provided herein), corn,’’ and inserting (10) by redesignating paragraphs (16) and are pledged to the Corporation by the asso- ‘‘corn’’; (17) as paragraphs (15) and (16), respectively. ciation as security for loans. (2) by striking subsections (c), (g), (h), and (c) PARITY PAYMENTS.—Section 303 of the ‘‘(3) ADMINISTRATION.—On the establish- (i); Agricultural Adjustment Act of 1938 (7 U.S.C. ment of a No Net Cost Tobacco Account for (3) in subsection (d)(3)— 1303) is amended in the first sentence by an association, any amount in the No Net (A) by striking ‘‘, except tobacco,’’; and striking ‘‘rice, or tobacco,’’ and inserting ‘‘or Cost Tobacco Fund established within the (B) by striking ‘‘and no price support shall rice,’’. association under section 106A shall be ap- be made available for any crop of tobacco for (d) MARKETING QUOTAS.—Part I of subtitle plied or disposed of in such manner as the which marketing quotas have been dis- B of title III of the Agricultural Adjustment Secretary may approve or prescribe, except approved by producers;’’; and Act of 1938 (7 U.S.C. 1311 et seq.) is repealed. that the amount shall, to the extent nec- (4) by redesignating subsections (d) and (e) (e) ADMINISTRATIVE PROVISIONS.—Section essary, first be applied or used for the pur- as subsections (c) and (d), respectively. 361 of the Agricultural Adjustment Act of poses specified in that section. (b) TERMINATION OF TOBACCO PRICE SUP- 1938 (7 U.S.C. 1361) is amended by striking ‘‘(d) USE.—Amounts deposited in a No Net PORT AND NO NET COST PROVISIONS.—Sec- ‘‘tobacco,’’. Cost Tobacco Account established for an as- tions 106, 106A, and 106B of the Agricultural (f) ADJUSTMENT OF QUOTAS.—Section 371 of sociation shall be used by the Secretary for Act of 1949 (7 U.S.C. 1445, 1445–1, 1445–2) are the Agricultural Adjustment Act of 1938 (7 the purpose of ensuring, insofar as prac- repealed. U.S.C. 1371) is amended—

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 24, 1997 CONGRESSIONAL RECORD — SENATE S11197 (1) in the first sentence of subsection (a), (b) TRANSFER.—On receipt of such a re- of the 1,309 Superfund National Pri- by striking ‘‘peanuts, or tobacco’’ and insert- quest, the Secretary of the Treasury shall ority List [NPL] sites. These families ing ‘‘or peanuts’’; and transfer amounts requested under subsection are at particular risk from the haz- (2) in the first sentence of subsection (b), (a). ardous substances wafting through the by striking ‘‘peanuts or tobacco’’ and insert- (c) USE.—The Secretary of Agriculture ing ‘‘or peanuts’’. shall use the amounts transferred under sub- air they breath or oozing into water (g) REPORTS AND RECORDS.—Section 373 of section (b) to carry out the activities de- they drink. the Agricultural Adjustment Act of 1938 (7 scribed in subsection (a). The problems that communities face U.S.C. 1373) is amended— (d) TERMINATION OF AUTHORITY.—The au- from toxic waste dumps are immense (1) by striking ‘‘peanuts, or tobacco’’ each thority provided under this section shall ex- and complicated by the need for spe- place it appears in subsections (a) and (b) pire on September 30, 2001. cialized knowledge, training and skills and inserting ‘‘or peanuts’’; and SEC. 302. COMMODITY CREDIT CORPORATION. to address toxic waste problems. Dr. (2) in subsection (a)— The Secretary may use the funds, facili- Barry Johnson of the ATSDR recently (A) in the first sentence, by striking ‘‘all ties, and authorities of the Commodity Cred- testified before the Superfund Sub- it Corporation to carry out this Act and the persons engaged in the business of redrying, committee of the Senate Environment prizing, or stemming tobacco for pro- amendments made by this Act. ducers,’’; and and Public Works Committee about the (B) in the last sentence, by striking ‘‘$500;’’ By Mr. LAUTENBERG (for him- kinds of health problems communities and all that follows through the period at self and Mr. BAUCUS): face. He told the committee that: the end of the sentence and inserting ‘‘$500.’’. S. 1317. A bill to amend the Com- ATSDR health investigations at haz- (h) REGULATIONS.—Section 375(a) of the Ag- prehensive Environmental Response, ardous waste sites across the country ricultural Adjustment Act of 1938 (7 U.S.C. Compensation, and Liability Act of found that nearby residents were ex- 1375(a)) is amended by striking ‘‘peanuts, or posed to increased health risk from a tobacco’’ and inserting ‘‘or peanuts’’. 1980 to expand the opportunity for health protection for citizens affected wide variety of maladies including: (i) EMINENT DOMAIN.—Section 378 of the birth defects; nerve damage; skin dis- Agricultural Adjustment Act of 1938 (7 U.S.C. by hazardous waste sites; to the Com- 1378) is amended— mittee on Environment and Public orders; leukemia; cardiovascular ab- (1) in the first sentence of subsection (c), Works. normalities; respiratory problems, and immune disorders. by striking ‘‘cotton, tobacco, and peanuts’’ THE ENVIRONMENTAL HEALTH PROTECTION ACT Two sets of studies in my home State and inserting ‘‘cotton and peanuts’’; and Mr. LAUTENBERG. Mr. President, (2) by striking subsections (d), (e), and (f). of New Jersey—one carried out by the all across America toxic time bombs (j) BURLEY TOBACCO FARM RECONSTITU- Environmental Protection Agency TION.—Section 379 of the Agricultural Ad- lurk beneath the soil. Many of our fam- [EPA] and the other by the New Jersey justment Act of 1938 (7 U.S.C. 1379) is amend- ilies find their futures poisoned by a School of Medicine and Dentistry— ed— long-gone industrial past. showed an increase in cancer cases in (1) in subsection (a)— And sadly we’ve made our families— counties surrounding hazardous waste (A) by striking ‘‘(a)’’; and especially our children—the canaries in sites. The New Jersey Medicine study (B) in paragraph (6), by striking ‘‘, but this the coal mine. Only after they’ve been clause (6) shall not be applicable in the case by Dr. G. Najem found that age-ad- stricken, do we move on the danger. justed gastrointestinal cancer morality of burley tobacco’’; and We need to change our emphasis. (2) by striking subsections (b) and (c). rates were higher in 20 of New Jersey’s Mr. President, we should help local (k) ACREAGE-POUNDAGE QUOTAS.—Section 4 21 counties than national rates. of the Act entitled ‘‘An Act to amend the Ag- communities meet the health treats An ATSDR 1995 study of residents of ricultural Adjustment Act of 1938, as amend- bubbling up from toxic waste sites. Forest City and Glover, MO, who live ed, to provide for acreage-poundage mar- That is why I am today introducing the near Superfund sites, showed an in- keting quotas for tobacco, to amend the to- Environmental Health Protection crease in reports of breathing disorders bacco price support provisions of the Agri- Act—legislation to require the Agency cultural Act of 1949, as amended, and for and decreased pulmonary function; es- for Toxic Substances and Disease Reg- pecially among nonsmoking women. other purposes’’, approved April 16, 1965 istry [ASTDR] to actively work with (Public Law 89–12; 7 U.S.C. 1314c note), is re- Compilation of studies in California pealed. local community health and safety report the occurrence of an increased (l) BURLEY TOBACCO ACREAGE ALLOT- leaders both to design and train local risk of birth defects in the children of MENTS.—The Act entitled ‘‘An Act relating health authorities to better manage a women living near the State’s 700 haz- to burley tobacco farm acreage allotments potential toxic hazard and to design ardous waste sites. under the Agricultural Adjustment Act of site-specific remedies and monitoring The results of another recent study 1938, as amended’’, approved July 12, 1952 (7 systems. funded by ATSDR and performed by U.S.C. 1315), is repealed. Today, the ranking member of the the New Jersey Department of Health, (m) TRANSFER OF ALLOTMENTS.—Section Environmental and Public works Com- 703 of the Food and Agriculture Act of 1965 (7 are particularly disturbing and, under- U.S.C. 1316) is repealed. mittee, Senator BAUCUS, is joining standably, have frightened many of my (n) ADVANCE RECOURSE LOANS.—Section with me in introducing legislation to constituents in the town of Maywood, 13(a)(2)(B) of the Food Security Improve- significantly boost the role that public NJ. The study reviewed data gathered ments Act of 1986 (7 U.S.C. 1433c–1(a)(2)(B)) is health considerations play in Super- on 15,000 residents living near Super- amended by striking ‘‘tobacco and’’. fund decisions. fund sites and found the incidence of (o) TOBACCO FIELD MEASUREMENT.—Section Mr. President, the potential health brain cancers running at 50 percent 1112 of the Omnibus Budget Reconciliation hazard posed from toxic waste dumps is above the expected level. In addition, Act of 1987 (Public Law 100–203) is amended great and growing. the study found cancer clusters—areas by striking subsection (c). According to a recent study of 136 (p) LIABILITY.—The amendments made by with unusually high rates of certain this section shall not affect the liability of Superfund toxic waste sites by the forms of cancer—existing in Ocean any person under any provision of law as in Agency for Toxic Substance and Dis- County and distressing 50 percent in- effect before the effective date under sub- ease Registry [ASTDR], more than half crease in various kinds of childhood section (q). the sites they examined represent seri- cancers. (q) CROPS.—This section and the amend- ous, ongoing public health hazards. In short, ATSDR research dem- ments made by this section shall apply with ATSDR placed an additional 23 percent onstrates how important it is to the respect to the 1999 and subsequent crops of of toxic waste sites in an indetermi- health of Americans living near Super- the kind of tobacco involved. nate hazard category because they po- fund sites to clean up those sites as TITLE III—FUNDING tentially pose a long-term risk to quickly as possible. And this is no SEC. 301. TRUST FUND. human life. small task. (a) REQUEST.—The Secretary of Agri- Communities and community leaders Communities struggling to come to culture shall request the Secretary of the must have the tools and resources to grips with the potential health hazards Treasury to transfer, from the Tobacco of a toxic waste dump are too often left Transition Account in the Trust Fund, meet these potential disaster—just like amounts authorized under sections 104, 105, we prepare communities to meet po- to fend for themselves. No one agency and 111, and the amendments made by sec- tential natural disasters. is specifically charged with coordi- tion 201, to the account of the Commodity ATSDR recently determined that 11 nating the various health-relief efforts Credit Corporation. million Americans reside within 1 mile these families need.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11198 CONGRESSIONAL RECORD — SENATE October 24, 1997 Currently, EPA uses a risk assess- information are essential to helping pensation, and Liability Act of 1980 (42 ment process to write plans for dealing communities deal with hazardous U.S.C. 9617) is amended— with the problems posed by toxic sites. waste sites. This legislation will ensure (A) by redesignating subsections (a) through (e) as subsections (b) through (f), re- As a result, the selection of contain- that State and local health officials re- spectively; and ment as a remedy rather than remov- ceive the training and technical infor- (B) by inserting after the section heading ing the toxins from a site has grown to mation they need to diagnose and treat the following: 30 percent of the EPA remedy deci- environmental health problems, and it ‘‘(a) DEFINITIONS.—In this section: sions. If containment is to work for the will also empower local authorities to ‘‘(1) AFFECTED COMMUNITY.—The term ‘af- communities surrounding Superfund help EPA make appropriate, site-spe- fected community’ means a group of 2 or and other toxic sites, we must increase cific decisions about clean up remedies. more individuals who may be affected by the release or threatened release of a hazardous health monitoring and provide other Fifth, this bill requires that when substance, pollutant, or contaminant from a health care assistance, advice, and EPA selects to leave toxic wastes in covered facility. tools to those living with near these place, then EPA must work with local ‘‘(2) COVERED FACILITY.—The term ‘covered sites. health officials to design a site specific facility’ means a facility— Congress established ATSDR specifi- health monitoring program. This will ‘‘(A) that has been listed or proposed for cally to address possible health prob- be paid for by the parties responsible listing on the National Priorities List; lems arising from Superfund sites. Now for the hazard, and those requirements ‘‘(B) at which the Administrator is under- is the time to use what we have learned taking a removal action that it is antici- will become an enforceable part of any pated will exceed— and to actively involve local commu- clean up agreement. It will no longer ‘‘(i) in duration, 1 year; or nities in their efforts to meet the be adequate for a polluter to simply ‘‘(ii) in cost, the funding limit under sec- health challenges posed by the haz- build a fence around a toxic waste site tion 104; or ardous waste sites. This bill requires and hope the toxins stay in and com- ‘‘(C) with respect to which the Adminis- ATSDR to do just that. munity residents stay out. EPA’s rem- trator of ATSDR has approved a petition re- First, my bill both allows ATSDR to edy must now ensure that the health of questing a health assessment or other re- study any location where there is con- the residents in the line of fire is pro- lated health activity under section cern that hazardous wastes threatens 104(i)(6)(B). tected first, foremost, and always. And, ‘‘(3) WASTE SITE INFORMATION OFFICE.—The public health and requires that ATSDR when EPA revisits a site to evaluate term ‘waste site information office’ means a work closely with State and local whether the clean up is working, EPA waste site information office established health officials in making its assess- will now specifically have to consider under subsection (j).’’. ment. Presently, Mr. President, State the recommendations of local health (2) CONFORMING AMENDMENTS.— and local health and environmental of- officials on the effectiveness and appro- (A) Title I of the Comprehensive Environ- ficials are only required to be involved priateness of the solution. mental Response, Compensation, and Liabil- at sites listed on the Environmental Since the Superfund amendments of ity Act of 1980 is amended— Protection Agency’s national list of (i) in section 111(a)(5) (42 U.S.C. 9611), by 1986, the communities near hazardous striking ‘‘117(e)’’ and inserting ‘‘117(f)’’; priority sites—the National Priority waste sites have appealed to us to (ii) in section 113(k)(2)(B) (42 U.S.C. 9613)— List [NPL]. By mandating that ATSDR strengthen the public health require- (I) in clause (iii), by striking ‘‘117(a)(2)’’ work with the State and local officials ments of the law. A major focus of our and inserting ‘‘117(b)(2)’’; and from the get-go at any potential site, efforts in cleaning up toxic waste must (II) in the third sentence, by striking we will be insuring the understanding, be the health of our people. This bill ‘‘117(d)’’ and inserting ‘‘117(e)’’. cooperation, and consultation nec- will put community health and safety (B) Section 2705(e) of title 10, United States essary to effective environmental back at the top of the Superfund agen- Code, is amended— (i) by striking ‘‘117(e)’’ and inserting cleanup exists in a community. da. It will increase the information Second, critics frequently complain ‘‘117(f)’’; and available to the public and cooperation (ii) by striking ‘‘(42 U.S.C. 9617(e))’’ and in- that ATSDR’s health assessments are between public health officials at all serting ‘‘(42 U.S.C. 9617(f))’’. completed too late in the process to be levels of government. It will result in SEC. 3. AGENCY FOR TOXIC SUBSTANCES AND of any real use to the local officials health considerations being made a DISEASE REGISTRY. struggling to manage the health im- central part of any discussions of clean (a) NOTICE TO HEALTH AUTHORITIES.—Sec- pact of a hazardous waste site on a up strategies and effective long-term tion 104(b) of Comprehensive Environmental Response, Compensation, and Liability Act community. This bill changes the way monitoring of toxic waste sites. This EPA and the health authorities do of 1980 (42 U.S.C. 9604(b)) is amended by add- bill will ensure that the remedy chosen ing at the end the following: their job. It requires EPA to notify by EPA better protects the millions of ‘‘(3) NOTICE TO HEALTH AUTHORITIES.—The local and State health officials early in Americans who live around our na- President shall notify State, local, and tribal the process that an investigation is tion’s hazardous waste sites. public health authorities whenever a release commencing and to better coordinate Mr. President, I ask unanimous con- or a hazardous substance, pollutant, or con- its activities with local authorities so sent that the text of the bill be printed taminant has occurred, is occurring, or is about to occur, or there is a threat of such a that EPA’s proposed remedy better re- in the RECORD. release, and the release or threatened release flects local conditions and needs. There being no objection, the bill was Third, this bill requires EPA to di- is under investigation pursuant to this sec- ordered to be printed in the RECORD, as tion.’’. rectly involve State and local health follows: (b) AMENDMENTS RELATING TO ATSDR.— officials in decisions concerning anal- S. 1317 Section 104(i) of the Comprehensive Environ- ysis and sampling methods used at haz- mental Response, Compensation, and Liabil- Be it enacted by the Senate and House of Rep- ity Act of 1980 (42 U.S.C. 9604(i)) is amended— ardous sites. State and local health of- resentatives of the United States of America in (1) in paragraph (1)— ficials are often the frontline experts. Congress assembled, (A) in the second sentence, by striking They have important first-hand infor- SECTION 1. SHORT TITLE. mation on how a toxic waste dump af- ‘‘and appropriate State and local health offi- This Act may be cited as the ‘‘Environ- cials’’ and inserting ‘‘the Indian Health Serv- fects their community. Working with mental Health Protection Act of 1997’’. ice, and appropriate State, tribal, and local EPA, they can better determine and SEC. 2. DEFINITIONS. health officials’’; analyze possible health problems pat- (a) GENERAL DEFINITIONS.—Section 101 of (B) in subparagraphs (A) and (C), by insert- terns in a community and whether that the Comprehensive Environmental Response, ing ‘‘and Indian tribes’’ after ‘‘States’’; and arises from a toxic waste dump. With Compensation, and Liability Act of 1980 (42 (C) by striking the last sentence and in- this information, EPA can zero-in on U.S.C. 9601) is amended by adding at the end serting the following flush sentence: ‘‘In a those areas for additional sampling and the following: public health emergency, exposed persons further studies and design a site appro- ‘‘(39) ATSDR.—The term ‘ATSDR’ means shall be eligible for referral to licensed or ac- the Agency for Toxic Substances and Disease credited health care providers.’’; priate remedy that meets the special Registry.’’. (2) in paragraph (3)— circumstances of the affected commu- (b) DEFINITIONS IN THE PUBLIC PARTICIPA- (A) in the matter following subparagraph nity. TION SECTION.— (C)— Fourth—and this is critically impor- (1) IN GENERAL.—Section 117 of the Com- (i) by striking the sentence beginning ‘‘The tant—better training and up-to-date prehensive Environmental Response, Com- profiles required’’;

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 24, 1997 CONGRESSIONAL RECORD — SENATE S11199 (ii) in the sentence beginning ‘‘The profiles (C) in subparagraph (C)— visory groups and waste site information of- prepared’’, by inserting before the period at (i) in the first sentence— fices; and the end the following: ‘‘and of substances not (I) by inserting ‘‘or other health related ac- (ii) in the second sentence, by inserting ‘‘or on the list, but that have been detected at tivity’’ after ‘‘health assessments’’; and other health related activity’’ after ‘‘health covered facilities (within the meaning of sec- (II) by striking ‘‘existing health assess- assessment’’; tion 117) and are determined by the Adminis- ment data’’ and inserting ‘‘data from exist- (7) in paragraph (7)— trator of ATSDR to pose a significant poten- ing health assessments or related activity’’; (A) by striking ‘‘pilot’’ each place it ap- tial threat to human health due to their and pears; known or suspected toxicity to humans and (ii) in the second sentence, by inserting ‘‘or (B) by inserting ‘‘or other related health the potential for human exposure to such other health related activity’’ after ‘‘health activity’’ after ‘‘health assessment’’ each substances at such facilities.’’; assessments’’; place it appears; and (iii) in the sentence beginning ‘‘Profiles re- (D) in subparagraph (D), by adding at the (C) in subparagraph (A), by inserting ‘‘cov- quired under’’, by striking ‘‘, but no less end the following: ‘‘The President and the ered facilities’’ after the ‘‘individuals’’; often’’ and all that follows through the pe- Administrator of ATSDR shall obtain and (8) in paragraph (10)— riod at the end and inserting ‘‘if the Admin- exchange facility characterization data and (A) by striking ‘‘two years’’ and all that istrator of ATSDR determines that there is other information necessary to make a pub- follows through ‘‘thereafter’’ and inserting significant new information.’’; and lic health determination sufficiently before ‘‘Every 2 years’’; (iv) in the last sentence, by inserting ‘‘and the completion of a remedial investigation (B) by striking ‘‘and’’ at the end of sub- Indian tribes’’ after ‘‘States’’; and and feasibility study to allow full consider- paragraph (D); (B) by inserting after subparagraph (C) the ation of the public health implications of a (C) in subparagraph (E), by striking the pe- following: release, but in no circumstance shall the riod at the end and inserting ‘‘; and’’; and ‘‘(D) Evaluations of the cumulative effects President delay the progress of a remedial (D) by adding at the end the following: (including synergistic effects) of other action pending completion of a health as- ‘‘(F) the health impacts on Indian tribes of chemicals.’’; sessment or other health related activity. hazardous substances, pollutants, and con- (3) in paragraph (4)— When appropriate, the Administrator of taminants from covered facilities.’’; (A) in the first sentence, by striking ATSDR shall, in cooperation with State and (9) in paragraph (14)— ‘‘State officials’’ and inserting ‘‘State, trib- local health officials, provide to the Presi- (A) by striking ‘‘distribute to the States, al,’’; and dent recommendations for sampling environ- and upon request to medical colleges, physi- (B) in the second sentence, by inserting ‘‘or mental media. To the extent practicable, the cians, and’’ and inserting the following: ‘‘dis- Indian tribes’’ after ‘‘States’’; President shall incorporate the recommenda- tribute— (4) in paragraph (5)(A)— tions into facility characterization activi- ‘‘(A) to the States and local health offi- (A) in the first sentence, by inserting ‘‘and ties.’’; cials, and upon request to medical colleges, the Indian Health Service’’ after ‘‘Public (E) in the first sentence of subparagraph medical centers, physicians, nursing institu- Health Service’’; (E), by striking ‘‘or political subdivision car- tions, nurses, and’’; (B) in the second sentence, by inserting rying out a health assessment’’ and inserting (B) by striking ‘‘methods of diagnosis and after ‘‘program of research’’ the following: ‘‘Indian tribe, or political subdivision of a treatment’’ and inserting ‘‘methods of pre- ‘‘conducted directly or by such means as co- State carrying out a health assessment or vention, diagnosis, and treatment’’; operative agreements and grants with appro- related health activity’’; (C) by striking the period at the end and priate public and nonprofit institutions. The (F) in subparagraph (F)— inserting ‘‘; and’’; and program shall be’’; and (i) by striking ‘‘(F) For the purpose of (D) by adding at the end the following: (C) in the last sentence— health assessments’’ and inserting the fol- ‘‘(B) to the community potentially affected (i) in clause (iii), by striking ‘‘and’’ at the lowing: by a facility appropriate educational mate- end; ‘‘(F) DEFINITION OF HEALTH ASSESSMENTS.— rials, facility-specific information, and other (ii) by redesignating clause (iv) as clause ‘‘(i) IN GENERAL.—For the purpose of health information on human health effects of haz- (vi); and assessments or related activity’’; ardous substances using available commu- (iii) by inserting after clause (iii) the fol- (ii) in the first sentence— nity information networks, including, if ap- lowing: (I) by inserting ‘‘(including children and propriate, a community advisory group or a ‘‘(iv) laboratory and other studies that can other highly susceptible or highly exposed waste site information office established lead to the development of innovative tech- populations)’’ after ‘‘human health’’; under section 117.’’; niques for predicting organ-specific, tissue- (II) by striking ‘‘existence of potential’’ (10) in the last sentence of paragraph (15), specific, and system-specific acute and and inserting ‘‘past, present, or future poten- by striking ‘‘through cooperative’’ and all chronic toxicity associated with a covered tial’’; that follows through ‘‘which the Adminis- facility; and (III) by striking ‘‘and the comparison’’ and trator’’ and inserting the following: ‘‘(v) laboratory and other studies to deter- inserting ‘‘the comparison’’; and ‘‘through grants to, or cooperative agree- mine the health effects of substances com- (IV) by striking the period at the end and ments or contracts with, States (or political monly found in combination with other sub- inserting ‘‘and the cumulative effects (in- subdivisions of States) or other appropriate stances, and the short, intermediate, and cluding synergistic effects) of chemicals.’’; public authorities or private nonprofit enti- long-term cumulative health effects (includ- and ties, public or private institutions, colleges ing from synergistic impacts).’’; (iii) by striking the second sentence and or universities (including historically black (5) in paragraph (6)— inserting the following: colleges and universities), or professional as- (A) by striking ‘‘(6)(A) The Administrator’’ ‘‘(ii) PROVISION OF DATA.—The Adminis- sociations that the Administrator’’; and and all that follows through the end of sub- trator shall consider information provided (11) by adding at the end the following: paragraph (A) and inserting the following: by State, Indian tribe, and local health offi- ‘‘(19) COMMUNITY HEALTH PROGRAMS.—When ‘‘(6) HEALTH ASSESSMENTS AND RELATED cials and the affected community (including appropriate, using existing health clinics and HEALTH ACTIVITIES.— a community advisory group, if 1 has been health care delivery systems, the Adminis- ‘‘(A) REQUIREMENTS.—The Administrator of established under subsection (g)) as is nec- trator of ATSDR shall facilitate the provi- ATSDR shall perform a health assessment or essary to perform a health assessment or sion of environmental health services (in- related health activity (including, as appro- other related health activity.’’; cluding testing, diagnosis, counseling, and priate, biomedical testing, clinical evalua- (G) in the last sentence of subparagraph community health education) in commu- tions, medical monitoring, and referral to (G)— nities that— accredited health care providers or any other (i) by striking ‘‘In using’’ and all that fol- ‘‘(A) may have been, or may be, subject to health activity authorized in this sub- lows through ‘‘to be taken’’ and inserting exposure to a hazardous substance, pollut- section) for each covered facility (as defined ‘‘In performing health assessments’’; and ant, or contaminant from a covered facility; in section 117(a)).’’; (ii) by inserting before the period at the and (B) in subparagraph (B)— end the following: ‘‘and shall give special ‘‘(B) have a medically underserved popu- (i) in the first sentence, by inserting ‘‘or consideration, where appropriate, to any lation (as defined in section 330(b) of the other health related activity’’ after ‘‘health practices of the affected community that Public Health Service Act (42 U.S.C. 254b(b)) assessments’’; may result in increased exposure to haz- or lack sufficient expertise in environmental (ii) in the second sentence, by inserting ‘‘or ardous substances, pollutants, or contami- health. other health related activity’’ after ‘‘health nants, such as subsistence hunting, fishing, ‘‘(20) PUBLIC HEALTH EDUCATION.— assessment’’; and and gathering’’; and ‘‘(A) IN GENERAL.—If the Administrator of (iii) in the third sentence— (H) in subparagraph (H)— ATSDR considers it appropriate, the Admin- (I) by inserting ‘‘or other health related ac- (i) in the first sentence— istrator of ATSDR, in cooperation with tivity’’ after ‘‘health assessment’’ the first (I) by inserting ‘‘or other health related ac- State, Indian tribe, and other interested Fed- place it appears; and tivity’’ after ‘‘health assessment’’; and eral and local officials, shall conduct health (II) by striking ‘‘a health assessment’’ the (II) by striking ‘‘each affected State’’ and education activities to make a community second place it appears and inserting ‘‘the inserting ‘‘appropriate State, Indian tribe, near a covered facility aware of the steps the requested activity’’; and local health officials and community ad- community may take to mitigate or prevent

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11200 CONGRESSIONAL RECORD — SENATE October 24, 1997 exposure to hazardous substances and the We have hundreds of thousands of an unexpected pregnancy. The father of health effects of hazardous substances. empty homes, waiting to welcome chil- the child may have left, the woman’s ‘‘(B) ENVIRONMENTAL MEDICAL EXPERTS.— dren who are never born. family and friends even may desert her. The health education activities may include There are many reasons for the sharp Even those who stay with her may sim- providing access and referrals to environ- disparity between the relatively lim- ply pressure her to end an embar- mental health experts. ‘‘(C) DISSEMINATION.—In disseminating ited number of children available for rassing and troublesome situation. public health information under this para- adoption and the growing number of Too often, then, our women, in a vul- graph relating to a covered facility, the Ad- families anxiously waiting to adopt a nerable state, are left without full, un- ministrator of ATSDR shall use community child. Crucial is the fact that many biased information and guidance con- health centers, area health education cen- women are not provided adequate in- cerning their options. I think it is cru- ters, or other community information net- formation about adoption when they cial in these circumstances that we works, including a community advisory are making the crucial decision of how keep these women fully informed of all group, a technical assistance grant recipient, to deal with an unexpected pregnancy. their options—including the option of or a waste site information office established Too few women are fully informed con- releasing their child into the arms of a under section 117.’’. welcoming couple, anxious to become (b) PUBLIC HEALTH RECOMMENDATIONS IN cerning the adoption option. If we REMEDIAL ACTIONS.—Section 121(c) of the could get the news out to these women loving parents. Comprehensive Environmental Response, that couples are waiting with open If we truly are committed to making Compensation, and Liability Act of 1980 (42 arms to welcome their children into a every child a wanted child, Mr. Presi- U.S.C. 9621(c)) is amended in the first sen- loving home, more would chose to have dent, I believe it is our duty to see to tence by inserting after ‘‘such remedial ac- their babies and release them for adop- it that pregnant women know that tion’’ the second place it appears the fol- there are couples out their who would lowing: ‘‘, including public health rec- tion. This is not mere speculation, Mr. love to care for their children. It is ommendations and decisions resulting from time for us, as a nation, to make clear activities under section 104(i),’’. President, it is supported by the facts. (c) STUDY OF MULTIPLE SOURCES OF RISK.— Michigan’s private adoption agencies, our commitment to truly full informa- (1) IN GENERAL.—The Administrator of the for instance, report that 21 percent of tion for expectant mothers, informa- Agency for Toxic Substances and Disease the women seen for services decide to tion that includes the availability of Registry (referred to in this subsection as release their children for adoption. safe, loving homes for their children. ‘‘ATSDR’’), in consultation with the Admin- istrator of the Environmental Protection Studies have shown that women are By Mr. ROCKEFELLER (for him- Agency, shall conduct a study relating to the more likely to choose adoption when self, Mr. DASCHLE, Mr. AKAKA, identification, assessment, and management clear, positive information is provided Mr. WELLSTONE, and Mrs. MUR- of, and response to, multiple sources of expo- concerning that option. RAY): sure affecting or potentially affecting a com- We know that providing information S. 1320. A bill to provide a scientific munity. to women on adoption as a choice can basis for the Secretary of Veterans Af- (2) COMPONENTS.—In conducting the study, increase the number of adoptions that fairs to assess the nature of the asso- the Administrator of ATSDR may— occur each year and decrease the num- (A) examine various approaches to protect ciation between illnesses and exposure communities affected or potentially affected ber of abortions. I believe that this is to toxic agents and environmental or by multiple sources of exposure to hazardous an important goal. For this reason, I other wartime hazards as a result of substances; and have introduced, along with my col- service in the Persian Gulf during the (B) include recommendations that the league, Senator LANDRIEU, legislation Persian Gulf War for purposes of deter- President may consider in developing an im- that authorizes an Adoption Awareness mining a service connection relating to plementation plan to address the effects or Promotion Program. This program will such illnesses, and for other purposes; potential effects of exposure at covered fa- provide $25 million in grants to be used to the Committee on Veterans’ Affairs. cilities (as defined in Section 117(a) of the for adoption promotion activity. It will Comprehensive Environmental Response, THE PERSIAN GULF VETERANS ACT OF 1997 Compensation, and Liability Act of 1980 (42 also require recipients to contribute Mr. ROCKEFELLER. Mr. President, I U.S.C. 9617(a)). $25 million of in-kind donations. The am proud to introduce today the Per- total amount going to adoption pro- sian Gulf War Veterans Act of 1997, leg- By Mr. ABRAHAM (for himself motion will, therefore, be $50 million. islation which establishes a clear and Ms. LANDRIEU): This amount will allow for a thorough framework for the compensation and S. 1318. A bill to establish an adop- information campaign to take place— health care needs of Persian Gulf war tion awareness program, and for other reaching women all over the country. veterans. This bill implements the rec- purposes; to the Committee on Labor The legislation provides for grants to ommendation of the Presidential Advi- and Human Resources. be used for public service announce- sory Committee on Gulf War Veterans’ THE ADOPTION PROMOTION AWARENESS ACT ments on prints, radio, TV, and bill- Illnesses to create a permanent statu- Mr. ABRAHAM. Mr. President, I rise boards. Grants will also be provided for tory authority for the compensation of to urge my colleagues’ support for the the development and distribution of ill gulf war veterans. It builds upon the Adoption Promotion Awareness Act. brochures regarding adoption through system of scientific review and deter- This legislation will provide the means federally funded title X clinics. These minations for presumptive compensa- necessary to keep women fully in- provisions will enable women to have tion that currently exists for veterans formed concerning all their options re- accurate and clear information on exposed to agent orange during the garding any unexpected pregnancy. adoption as an alternative when at a Vietnam war. Mr. President, each year more than a crucial point in their pregnancies. Fur- As ranking member of the Com- million couples eagerly await the op- ther, the campaign will help to raise mittee on Veterans’ Affairs, I have wit- portunity to adopt a child. Unfortu- the level of awareness around the coun- nessed firsthand the struggles of many nately, only 50,000 domestic, non- try about the importance of adoption. of our Nation’s gulf war veterans. The related adoptions occur each year. Mr. President, I believe that each and Persian Gulf war will undoubtedly go That means that only 5 percent of every one of us, whether pro-life or pro- down in history as one of our country’s American couples willing and able to choice, should be working to reduce the most decisive military victories. De- open their hearts and homes to a child number of abortions that occur each spite our fears of potentially huge who needs them are able to do so. year. Indeed, I have often heard on this troop injuries and losses, the careful As a result, Mr. President, would-be floor that abortion should be ‘‘safe, planning and strategy of our military parents often must wait several years legal and rare.’’ I take my colleagues leaders paid off. The ground war lasted for the opportunity to adopt a healthy at their word and urge them to join me only four days, and the casualties we child. For the anxious parents, the in this voluntary information program; experienced, while deeply regrettable, waiting seems to last an eternity. And a program designed to inform women of were fortunately few. But as with any their waiting is made even more tragic all their choices regarding any unex- war, the human costs of the gulf war by the fact that only 4 percent of pected pregnancy. have been high, and the casualties have women in America choose adoption as Too many women in America feel continued long after the battle was an option for an unplanned pregnancy. abandoned and helpless in the face of over.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 24, 1997 CONGRESSIONAL RECORD — SENATE S11201 Many of the men and women who research that should be conducted to current law. These veterans have been served in the gulf have suffered chron- better understand the possible adverse diagnosed with a condition several ic, debilitating health problems. Un- health effects of exposures to toxic years after leaving service, such as necessarily compounding their pain has agents or environmental or wartime chronic fatigue syndrome or migraines. been their difficulty in getting the gov- hazards associated with gulf war serv- Therefore, they are not eligible for ernment they served to acknowledge ice. The VA, in conjunction with the compensation under VA’s undiagnosed their problems and provide the appro- Department of Defense (DOD) and the illness authority, nor are they eligible priate care and benefits they deserve. Department of Health and Human under the guidelines for diagnosed ill- This legislation will go a long way to Services [HHS], will review and act nesses because the diagnosis was not address some of these concerns. We upon the recommendations for addi- made within the proscribed period fol- can’t wait the 20 years we waited after tional research and future studies. lowing service. At the same time, these the Vietnam war to assess the effects Fourth, this legislation tasks NAS illnesses are due to unknown causes of agent orange, or the 40 years we with assessing potential treatment which could, someday, be tied to their waited after World War II to concede models for the chronic undiagnosed ill- gulf service. We cannot require vet- the problems of radiation-exposed vet- nesses that have affected so many of erans to wait for that day to arrive. erans. We must learn from the lessons our gulf war veterans. They will make This legislation will address this unfor- of the past and act now. We have al- recommendations for additional stud- tunate catch-22 unwittingly created ready waited too long. ies to determine the most appropriate through previous legislation. For the past 6 years, we have looked and scientifically sound treatments. We will continue to retrace the steps to the leaders of the Department of De- VA and DOD will review this informa- and decisions that were made in de- fense and the Department of Veterans tion and submit a report to Congress ploying almost 697,000 men and women Affairs for a resolution of these dif- describing whether they will imple- to the Persian Gulf in 1990. Hopefully, ficult issues. While they have made ment these treatment models and their we will learn from the lessons of this some progress, I think we can all agree rationale for their decisions. war to prevent some of these same there is much more to be done. This Fifth, this legislation calls for the es- health problems in future deployments legislation will require VA to enlist the tablishment of a system to monitor the where our troops will again face the National Academy of Sciences—an health status of Persian Gulf war vet- threat of an everchanging and increas- independent, nonprofit, scientific orga- erans. VA, in collaboration with DOD, ingly toxic combat environment. But nization—to review and evaluate the will develop a plan to establish and op- we also must address what our ill gulf research regarding links between ill- erate a computerized information data war veterans need now. We need to pro- nesses and exposure to toxic agents and set to collect information on the ill- vide a permanent statutory authority wartime hazards. Based on the findings nesses and health problems of gulf war to compensate them. We need to be of the NAS, VA will then determine veterans. This data base will also track able to answer the questions of How whether a diagnosed or undiagnosed ill- the treatment provided to veterans many veterans are ill? and Are our ill ness found to be associated with gulf with chronic undiagnosed illnesses to veterans getting sicker over time? war service warrants a presumption of determine whether these veterans are Mr. President, this legislation tar- service connection for compensation getting sicker or better over time. VA gets these important issues. As Vet- purposes. This will provide an ongoing and DOD will submit this plan for re- erans’ Day approaches, we prepare to scientific basis and nonpolitical frame- view and comment by NAS. After this honor those who offered to make the work for the VA to use in compen- review, VA and DOD will implement ultimate sacrifice for our country. sating Persian Gulf war veterans. the agreed-upon plan and provide an- Many of us will be called upon to make SUMMARY OF PROVISIONS nual reports to Congress on the health speeches in support of these brave men Mr. President, I will now highlight status of Persian Gulf war veterans. and women. I ask my colleagues in the some of the provisions contained in Finally, this legislation requires that Senate to join me now in supporting this legislation. VA, in consultation with DOD and this legislation. Let us honor our gulf First, this legislation calls for the HHS, carry out an ongoing outreach war veterans through our deeds—and Secretary of the Department of Vet- program to provide information to gulf not just our words—this Veterans’ Day. erans Affairs to contract with the Na- war veterans. This information will in- Mr. President, I ask unanimous con- tional Academy of Sciences [NAS] to clude health risks, if any, from expo- sent that the text of the bill be printed provide a scientific basis for deter- sures during service in the gulf war in the RECORD. mining the association between ill- theater of operations, and any services There being no objection, the bill was nesses and exposures to environmental or benefits that are available. ordered to be printed in the RECORD, as or wartime hazards as a result of serv- DISCUSSION follows: ice in the Persian Gulf. The NAS will After the war, DOD and VA acknowl- S. 1320 review the scientific literature to as- edged that they couldn’t define what Be it enacted by the Senate and House of Rep- sess health exposures during the gulf health problems were affecting Persian resentatives of the United States of America in war and health problems among vet- Gulf war veterans. Nonetheless, we did Congress assembled, SECTION 1. SHORT TITLE. erans, and report to Congress and the not want to make these veterans wait This Act may be cited as the ‘‘Persian Gulf VA. for the science to catch up before we War Veterans Act of 1997’’. Second, this legislation authorizes could provide health care and com- SEC. 2. PRESUMPTION OF SERVICE CONNECTION VA to presume that diagnosed or pensation for their service-related con- FOR ILLNESSES ASSOCIATED WITH undiagnosed illnesses that have a posi- ditions. SERVICE IN THE PERSIAN GULF tive association with exposures to envi- That is why, back in 1993, we pro- DURING THE PERSIAN GULF WAR. (a) IN GENERAL.—(1) Subchapter II of chap- ronmental or wartime hazards were in- vided Persian Gulf war veterans with ter 11 of title 38, United States Code, is curred in or aggravated by service even priority health care at VA facilities for amended by adding at the end the following: if there was no evidence of the illness conditions related to their exposure to ‘‘§ 1118. Presumptions of service connection during service. Having that authority, environmental hazards. Congress went for illnesses associated with service in the VA will determine whether there is a on to pass legislation in 1994 that con- Persian Gulf during the Persian Gulf War sound medical and scientific basis to firmed that VA could provide com- ‘‘(a)(1) For purposes of section 1110 of this warrant a presumption of service con- pensation to Persian Gulf war veterans title, and subject to section 1113 of this title, nection for compensation for diagnosed who suffered from chronic undiagnosed each illness (if any) described in paragraph or undiagnosed illnesses, based on illnesses. Prior to this authority, VA (2) shall be considered to have been incurred NAS’ report. Within 60 days of that de- asserted that it could not compensate in or aggravated by service referred to in termination, VA will publish proposed veterans whose health problems could that paragraph, notwithstanding that there is no record of evidence of such illness during regulations to presumptively service not be diagnosed. the period of such service. connect these illnesses. However, some gulf war veterans are ‘‘(2) An illness referred to in paragraph (1) Third, this bill requires NAS to pro- falling between the cracks and still is any diagnosed or undiagnosed illness vide recommendations for additional cannot receive compensation under that—

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11202 CONGRESSIONAL RECORD — SENATE October 24, 1997 ‘‘(A) the Secretary determines in regula- tion, publish in the Federal Register a notice Sciences submits to the Secretary the first tions prescribed under this section to war- of the determination. The notice shall in- report under section 3 of the Persian Gulf rant a presumption of service connection by clude an explanation of the scientific basis War Veterans Act of 1997.’’. reason of having a positive association with for the determination. SEC. 3. AGREEMENT WITH NATIONAL ACADEMY exposure to a biological, chemical, or other ‘‘(ii) If an illness already presumed to be OF SCIENCES. toxic agent or environmental or wartime service connected under this section is sub- (a) PURPOSE.—The purpose of this section hazard known or presumed to be associated ject to a determination under clause (i), the is to provide for the National Academy of with service in the Armed Forces in the Secretary shall, not later than 60 days after Sciences, an independent nonprofit scientific Southwest Asia theater of operations during publication of the notice under that clause, organization with appropriate expertise, to the Persian Gulf War; and issue proposed regulations removing the pre- review and evaluate the available scientific ‘‘(B) becomes manifest within the period (if sumption of service connection for the ill- evidence regarding associations between ill- any) prescribed in such regulations in a vet- ness. nesses and exposure to toxic agents or envi- eran who served on active duty in that the- ‘‘(2) Not later than 90 days after the date ronmental or wartime hazards associated ater of operations during that war and by on which the Secretary issues any proposed with Gulf War service. reason of such service was exposed to such regulations under paragraph (1), the Sec- (b) AGREEMENT.—The Secretary of Vet- erans Affairs shall seek to enter into an agent or hazard. retary shall issue final regulations. Such ‘‘(3) For purposes of this subsection, a vet- regulations shall be effective on the date of agreement with the National Academy of Sciences for the Academy to perform the eran who served on active duty in the South- issuance. services covered by this section and sections west Asia theater of operations during the ‘‘(d) Whenever the presumption of service 4(a)(6) and 5(d). The Secretary shall seek to Persian Gulf War and has an illness de- connection for an illness under this section enter into the agreement not later than two scribed in paragraph (2) shall be presumed to is removed under subsection (c)— months after the date of enactment of this have been exposed by reason of such service ‘‘(1) a veteran who was awarded compensa- Act. to the agent or hazard associated with the tion for the illness on the basis of the pre- (c) IDENTIFICATION OF AGENTS AND ILL- illness in the regulations prescribed under sumption before the effective date of the re- NESSES.—(1) Under the agreement under sub- this section unless there is conclusive evi- moval of the presumption shall continue to section (b), the National Academy of dence to establish that the veteran was not be entitled to receive compensation on that Sciences shall— exposed to the agent or hazard by reason of basis; and (A) identify the biological, chemical, or such service. ‘‘(2) a survivor of a veteran who was award- other toxic agents or environmental or war- ‘‘(b)(1)(A) Whenever the Secretary makes a ed dependency and indemnity compensation time hazards to which members of the determination described in subparagraph (B), for the death of a veteran resulting from the Armed Forces who served in the Southwest the Secretary shall prescribe regulations illness on the basis of the presumption before Asia theater of operations during the Per- providing that a presumption of service con- that date shall continue to be entitled to re- sian Gulf War may have been exposed by rea- nection is warranted for the illness covered ceive dependency and indemnity compensa- son of such service; and by that determination for purposes of this tion on that basis. (B) identify the illnesses (including diag- section. ‘‘(e) Subsections (b) through (d) shall cease nosed illnesses and undiagnosed illnesses) ‘‘(B) A determination referred to in sub- to be effective 10 years after the first day of that are manifest in such members. paragraph (A) is a determination based on the fiscal year in which the National Acad- (2) In identifying illnesses under paragraph sound medical and scientific evidence that a emy of Sciences submits to the Secretary (1)(B), the Academy shall review and summa- positive association exists between— the first report under section 3 of the Per- rize the relevant scientific evidence regard- ‘‘(i) the exposure of humans to a biological, sian Gulf War Veterans Act of 1997.’’. ing illnesses among the members described chemical, or other toxic agent or environ- (2) The table of sections at the beginning of in paragraph (1)(B) and among other appro- mental or wartime hazard known or pre- such chapter is amended by inserting after priate populations of individuals, including sumed to be associated with service in the the item relating to section 1117 the fol- mortality, symptoms, and adverse reproduc- Southwest Asia theater of operations during lowing new item: tive health outcomes among such members the Persian Gulf War; and ‘‘1118. Presumptions of service connection and individuals. ‘‘(ii) the occurrence of a diagnosed or for illnesses associated with (d) DETERMINATIONS OF ASSOCIATIONS BE- undiagnosed illness in humans. service in the Persian Gulf dur- TWEEN AGENTS AND ILLNESSES.—(1) For each ‘‘(2)(A) In making determinations for pur- ing the Persian Gulf War.’’. agent or hazard and illness identified under poses of paragraph (1), the Secretary shall subsection (c), the National Academy of (b) CONFORMING AMENDMENTS.—Section take into account— Sciences shall determine, to the extent that 1113 of title 38, United States Code, is amend- ‘‘(i) the reports submitted to the Secretary available scientific data permit meaningful ed— by the National Academy of Sciences under determinations— (1) by striking out ‘‘or 1117’’ each place it section 3 of the Persian Gulf War Veterans (A) whether a statistical association exists appears and inserting in lieu thereof ‘‘1117, Act of 1997; and between exposure to the agent or hazard and or 1118’’; and ‘‘(ii) all other sound medical and scientific the illness, taking into account the strength (2) in subsection (a), by striking out ‘‘or information and analyses available to the of the scientific evidence and the appro- 1116’’ and inserting in lieu thereof ‘‘, 1116, or Secretary. priateness of the scientific methodology used 1118’’. ‘‘(B) In evaluating any report, information, to detect the association; (c) COMPENSATION FOR UNDIAGNOSED GULF or analysis for purposes of making such de- (B) the increased risk of the illness among WAR ILLNESSES.—Section 1117 of title 38, terminations, the Secretary shall take into human populations exposed to the agent or United States Code, is amended— consideration whether the results are statis- hazard; and (1) by redesignating subsections (c), (d), tically significant, are capable of replica- (C) whether a plausible biological mecha- and (e) as subsections (d), (e), and (f), respec- tion, and withstand peer review. nism or other evidence of a causal relation- tively; and ‘‘(3) An association between the occurrence ship exists between exposure to the agent or (2) by inserting after subsection (b) the fol- of an illness in humans and exposure to an hazard and the illness. agent or hazard shall be considered to be lowing new subsection (c): (2) The Academy shall include in its re- positive for purposes of this subsection if the ‘‘(c)(1) Whenever the Secretary determines ports under subsection (h) a full discussion of credible evidence for the association is equal as a result of a determination under section the scientific evidence and reasoning that to or outweighs the credible evidence against 1118(c) of this title that a presumption of led to its conclusions under this subsection. the association. service connection for an undiagnosed illness (e) REVIEW OF POTENTIAL TREATMENT MOD- ‘‘(c)(1)(A) Not later than 60 days after the (or combination of undiagnosed illnesses) is ELS FOR CERTAIN ILLNESSES.—Under the date on which the Secretary receives a re- no longer warranted under this section— agreement under subsection (b), the National port from the National Academy of Sciences ‘‘(A) a veteran who was awarded compensa- Academy of Sciences shall separately review, under section 3 of the Persian Gulf War Vet- tion under this section for such illness (or for each chronic undiagnosed illness identi- erans Act of 1997, the Secretary shall deter- combination of illnesses) on the basis of the fied under subsection (c)(1)(B) and for any mine whether or not a presumption of serv- presumption shall continue to be entitled to chronic illness that the Academy determines ice connection is warranted for each illness receive compensation under this section on to warrant the review, the available sci- (if any) covered by the report. that basis; and entific data in order to identify empirically ‘‘(B) If the Secretary determines that a ‘‘(B) a survivor of a veteran who was valid models of treatment for such illnesses presumption of service connection is war- awarded dependency and indemnity com- which employ successful treatment modali- ranted, the Secretary shall, not later than 60 pensation for the death of a veteran result- ties for populations with similar symptoms. days after making the determination, issue ing from the disease on the basis of the pre- (f) RECOMMENDATIONS FOR ADDITIONAL SCI- proposed regulations setting forth the Sec- sumption before that date shall continue to ENTIFIC STUDIES.—(1) Under the agreement retary’s determination. be entitled to receive dependency and indem- under subsection (b), the National Academy ‘‘(C)(i) If the Secretary determines that a nity compensation on that basis. of Sciences shall make any recommenda- presumption of service connection is not ‘‘(2) This subsection shall cease to be effec- tions that it considers appropriate for addi- warranted, the Secretary shall, not later tive 10 years after the first day of the fiscal tional scientific studies (including studies than 60 days after making the determina- year in which the National Academy of relating to treatment models) to resolve

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areas of continuing scientific uncertainty re- SEC. 4. MONITORING OF HEALTH STATUS AND (b) COMPILATION AND ANALYSIS OF INFORMA- lating to the health consequences of expo- TREATMENT OF PERSIAN GULF WAR TION IN DATABASE.—(1) The Secretary of Vet- sure to toxic agents or environmental or VETERANS. erans Affairs shall compile and analyze, on wartime hazards associated with Gulf War (a) INFORMATION DATA BASE.—(1) The Sec- an ongoing basis, all clinical data in the data service. retary of Veterans Affairs shall, in consulta- base under subsection (a) that is likely to be (2) In making recommendations for addi- tion with the Secretary of Defense, develop a scientifically useful in determining the asso- tional studies, the Academy shall consider plan for the establishment and operation of a ciation, if any, between the illnesses (includ- the available scientific data, the value and single computerized information data base ing diagnosed illnesses and undiagnosed ill- relevance of the information that could re- for the collection, storage, and analysis of nesses) of veterans covered by such data and sult from such studies, and the cost and fea- information on— exposure to toxic agents or environmental or sibility of carrying out such studies. (A) the diagnosed and undiagnosed ill- wartime hazards associated with Gulf War (g) SUBSEQUENT REVIEWS.—(1) Under the nesses suffered by current and former mem- service. agreement under subsection (b), the National bers of the Armed Forces who served in the (2) The Secretary of Defense shall compile Academy of Sciences shall conduct on a peri- Southwest Asia theater of operations during and analyze, on an ongoing basis, all clinical odic and ongoing basis additional reviews of the Persian Gulf War; and data in the data base that is likely to be sci- the evidence and data relating to its activi- (B) the treatment provided such members entifically useful in determining the associa- ties under this section. for— tion, if any, between the illnesses (including (2) As part of each review under this sub- (i) any chronic undiagnosed illnesses; and diagnosed illnesses and undiagnosed ill- section, the Academy shall— (ii) any chronic illnesses for which the Na- nesses) of current members of the Armed (A) conduct as comprehensive a review as tional Academy of Sciences has identified a Forces (including members on active duty is practicable of the evidence referred to in valid model of treatment pursuant to its re- and members of the reserve components) and subsection (c) and the data referred to in view under section 3(e). exposure to such agents or hazards. subsections (d), (e), and (f) that became (2) The plan shall provide for the com- (c) ANNUAL REPORT.—Not later than April 1 available since the last review of such evi- mencement of the operation of the data base of each year after a year in which the Sec- dence and data under this section; and not later than 18 months after the date of en- retary of Veterans Affairs and the Secretary (B) make its determinations on the basis of actment of this Act. of Defense carry out activities under sub- the results of such review and all other re- (3) The Secretary shall ensure in the plan section (b), the Secretaries shall jointly sub- views conducted for the purposes of this sec- that the data base provides the capability of mit to the designated congressional commit- tion. monitoring and analyzing information on— tees a report containing— (h) REPORTS.—(1) Under the agreement (A) the illnesses covered by paragraph (1) with respect to the data compiled in ac- under subsection (b), the National Academy (1)(A); cordance with subsection (b) during the pre- of Sciences shall submit to the committees (B) the treatments covered by paragraph ceding year— and officials referred to in paragraph (4) peri- (1)(B); and (A) an analysis of the data; odic written reports regarding the Acad- (C) the efficacy of such treatments. (B) a discussion of the types, incidences, emy’s activities under the agreement. (4) In order to meet the requirement under and prevalence of the disabilities and ill- (2) The first report under paragraph (1) paragraph (3), the plan shall ensure that the nesses identified through such data; shall be transmitted not later than 18 data base includes the following: (C) an explanation for the incidence and months after the date of enactment of this (i) Information in the Persian Gulf War prevalence of such disabilities and illnesses; Act. That report shall include— Veterans Health Registry established under (D) other reasonable explanations for the (A) the determinations and discussion re- section 702 of the Persian Gulf War Veterans’ incidence and prevalence of such disabilities ferred to in subsection (d); Health Status Act (title VII of Public Law and illnesses; and (B) the results of the review of models of 102–585; 38 U.S.C. 527 note). (E) an analysis of the scientific validity of treatment under subsection (e); and (ii) Information in the Comprehensive drawing conclusions from the incidence and (C) any recommendations of the Academy Clinical Evaluation Program for Veterans prevalence of such disabilities and illnesses, under subsection (f). established under section 734 of the National as evidenced by such data, about any asso- (3)(A) Reports shall be submitted under Defense Authorization Act for Fiscal Years ciation between such disabilities and ill- this subsection at least once every two 1992 and 1993 (10 U.S.C. 1074 note). nesses, as the case may be, and exposure to years, as measured from the date of the re- (iii) Information derived from other exami- a toxic agent or environmental or wartime port under paragraph (2). nations and treatment provided veterans (B) In any report under this subsection hazard associated with Gulf War service; and who served in the Southwest Asia theater of (other than the report under paragraph (2)), (2) with respect to the most current infor- operations during the Persian Gulf War. the Academy may specify an absence of mation received under section 3(h) regarding (iv) Information derived from other exami- meaningful developments in the scientific or treatment models reviewed under section nations and treatment provided current medical community with respect to the ac- 3(e)— members of the Armed Forces (including tivities of the Academy under this section (A) an analysis of the information; members on active duty and members of the during the 2-year period preceding the date (B) the results of any consultation between reserve components) who served in that the- of such report. such Secretaries regarding the implementa- ater of operations during that war. (4) Reports under this subsection shall be tion of such treatment models in the health (v) Such other information as the Sec- submitted to the following: care systems of the Department of Veterans retary of Veterans Affairs and the Secretary (A) The designated congressional commit- Affairs and the Department of Defense; and tees. of Defense consider appropriate. (5) Not later than one year after the date of (C) in the event either such Secretary de- (B) The Secretary of Veterans Affairs. termines not to implement such treatment (C) The Secretary of Defense. enactment of this Act, the Secretary shall submit the plan developed under paragraph models, an explanation for such determina- (i) SUNSET.—This section shall cease to be tion. effective 10 years after the last day of the fis- (1) to the following: cal year in which the National Academy of (A) The designated congressional commit- SEC. 5. SCIENTIFIC RESEARCH FEASIBILITY STUDIES PROGRAM. Sciences submits the first report under sub- tees. section (h). (B) The Secretary of Veterans Affairs. (a) ESTABLISHMENT OF PROGRAM.—The Sec- (j) ALTERNATIVE CONTRACT SCIENTIFIC OR- (C) The Secretary of Defense. retary of Veterans Affairs, the Secretary of GANIZATION.—(1) If the Secretary is unable (D) The National Academy of Sciences. Defense, and the Secretary of Health and within the time period set forth in sub- (6)(A) The agreement under section 3 shall Human Services shall jointly carry out a section (b) to enter into an agreement with require the evaluation of the plan developed program to provide for the conduct of studies the National Academy of Sciences for the under paragraph (1) by the National Acad- of the feasibility of conducting additional purposes of this section on terms acceptable emy of Sciences. The Academy shall com- scientific research on health hazards result- to the Secretary, the Secretary shall seek to plete the evaluation of the plan not later ing from exposure to toxic agents or environ- enter into an agreement for the purposes of than 90 days after the date of its submittal mental or wartime hazards associated with this section with another appropriate sci- to the Academy under paragraph (5). Gulf War service. entific organization that is not part of the (B) Upon completion of the evaluation, the (b) PROGRAM REQUIREMENTS.—(1) Under the Government and operates as a not-for-profit Academy shall submit a report on the eval- program under subsection (a), the Secre- entity and that has expertise and objectivity uation to the committees and individuals re- taries shall, pursuant to criteria prescribed comparable to that of the National Academy ferred to in subparagraphs (A) through (D) of pursuant to paragraph (2), jointly award con- of Sciences. paragraph (5). tracts or furnish financial assistance to non- (2) If the Secretary enters into such an (7) Not later than 90 days after receipt of Government entities for the conduct of stud- agreement with another organization, any the report under paragraph (6), the Secretary ies referred to in subsection (a). reference in this section and in section 1118 shall— (2) The Secretaries shall jointly prescribe of title 38, United States Code (as added by (A) modify the plan in light of the evalua- criteria for— section 2), to the National Academy of tion of the Academy in the report; and (A) the selection of entities to be awarded Sciences shall be treated as a reference to (B) commence implementation of the plan contracts or to receive financial assistance the other organization. as so modified. under the program; and

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11204 CONGRESSIONAL RECORD — SENATE October 24, 1997 (B) the approval of studies to be conducted called for the National Academy of the actual causes of Persian Gulf war under such contracts or with such financial Sciences to review scientific and med- illnesses remain unknown, and many assistance. ical information related to the health veterans and their families continue to (c) REPORT.—The Secretaries shall jointly effects of exposure to Agent Orange. In suffer. report the results of studies conducted under Mr. President, it is time for Con- the program to the designated congressional addition, it provided permanent pre- committees. sumptions of service connection for gress, the VA, the Department of De- (d) CONSULTATION WITH NATIONAL ACADEMY soft-tissue sarcoma, non-Hodgkin’s fense [DOD] and the Department of OF SCIENCES.—(1) To the extent provided lymphoma, chloracne, and any addi- Health and Human Services [HHS] to under the agreement entered into by the tional diseases the Secretary of Vet- step up their efforts to find the causes Secretary of Veterans Affairs and the Na- erans Affairs, based on the Academy of Persian Gulf war illnesses. More im- tional Academy of Sciences under section 3— review and other relevant information, portantly, we must provide veterans (A) the Secretary shall consult with the may determine to be associated with and their families with proper medical Academy regarding the establishment and care and compensation regardless of administration of the program under sub- such exposure. For more than a decade, many in whether we know the particular causes section (a); and of their illnesses. (B) the Academy shall review the studies Congress and the Department of Vet- conducted under contracts awarded pursuant erans Affairs [VA] debated whether That is why I am proud to join my to the program and the studies conducted there was a connection between expo- friend and colleague from West Vir- with financial assistance furnished pursuant sure to Agent Orange and other toxic ginia, Senator ROCKEFELLER, in intro- to the program. herbicides and the illnesses suffered by ducing the Persian Gulf War Veterans (2) The agreement shall require the Acad- Act of 1991. As ranking member of the Vietnam veterans. There were allega- emy to submit any recommendations that Senate Veterans’ Affairs Committee, tions of bureaucratic attempts to the Academy considers appropriate regard- Senator ROCKEFELLER has been a tire- thwart scientific investigations of the ing any studies reviewed for purposes of this less advocate for all veterans. His com- issue and alter, bury, or delay Govern- subsection to the following: mitment and dedication to improving (A) The designated congressional commit- ment reports that did exist. Ulti- the lives of veterans and their families tees. mately, independent scientific evidence is well known, and he and his staff on (B) The Secretary of Veterans Affairs. and a long-term effort to uncover Gov- (C) The Secretary of Defense. the Veterans’ Affairs Committee de- ernment information convinced Con- serve to be commended for their work (D) The Secretary of Health and Human gress to pass the Agent Orange Act of Services. in drafting this important legislation. 1991. Since the Persian Gulf war ended in SEC. 6. OUTREACH. With the help and guidance of Sen- (a) OUTREACH BY SECRETARY OF VETERANS 1991, many veterans have been suf- ator ROCKEFELLER and many others AFFAIRS.—The Secretary of Veterans Affairs fering from a variety of symptoms, in- shall, in consultation with the Secretary of who cosponsored this legislation in the cluding extreme fatigue, joint and Defense and the Secretary of Health and House and Senate, Vietnam veterans muscle pain, short-term memory loss, Human Services, carry out an ongoing pro- exposed to Agent Orange and other her- diarrhea, unexplained rashes, night gram to provide veterans who served in the bicides are beginning to receive the sweats, headaches, and bleeding gums. Southwest Asia theater of operations during treatment and compensation they de- the Persian Gulf War the information de- Many believe that these illnesses may serve. And, with the passage of addi- be caused by exposure to a wide range scribed in subsection (c). tional legislation last year, approxi- (b) OUTREACH BY SECRETARY OF DEFENSE.— of toxins as well as environmental and The Secretary of Defense shall, in consulta- mately 2,800 children of Vietnam vet- wartime hazards. Among the poten- tion with the Secretary of Veterans Affairs erans whose exposure to Agent Orange tially hazardous substances to which and the Secretary of Health and Human has been linked to their children’s di- United States servicemembers may Services, carry out an ongoing program to agnosis of spina bifida, a congenital de- have been exposed are smoke from oil- provide current members of the Armed fect in the spine, are now eligible for well fires set by retreating Iraqi sol- Forces (including members on active duty health care and related services from and members of the reserve components) who diers; pesticides and repellents; de- the VA. pleted uranium used in munitions; in- served in that theater of operations during Although we have made great strides that war the information described in sub- fectious diseases; petroleum products; section (c). to determine the cause of illnesses suf- and vaccines to protect against chem- (c) COVERED INFORMATION.—Information fered by Vietnam veterans and their ical warfare agents. under this subsection is information relating children and agreed to provide them U.S. servicemembers may have also to— with just compensation, we have yet to been exposed to chemical warfare (1) the health risks, if any, resulting from do the same for those men and women agents. For 5 years, the Pentagon had exposure to toxic agents or environmental or who served in the Persian gulf war. steadfastly insisted that no United wartime hazards associated with Gulf War When the first reports of gulf war ill- States soldiers had been exposed to service; and ness emerged, several of us warned that (2) any services or benefits available with chemical weapons in Iraq. In June of respect to such health risks. we needed to be sure that we did not last year, however, the Pentagon re- repeat the mistakes that were made SEC. 7. DEFINITIONS. vealed that chemical munitions had In this Act: with respect to Agent Orange. We need- been unknowingly destroyed near an (1) The term ‘‘toxic agent or environ- ed to act quickly to ask all the appro- ammunition dump at Khamisiyah in mental or wartime hazard associated with priate questions and secure timely an- southern Iraq and that 20,000 United Gulf War service’’ means a biological, chem- swers. Whatever our investigation States troops may have been exposed. ical, or other toxic agent or environmental might reveal, we needed to uncover the In July of this year, the Pentagon or wartime hazard that is known or pre- truth and act accordingly. Our Na- changed its assessment again and an- sumed to be associated with service in the tion’s veterans deserve no less. nounced that nearly 100,000 U.S. Armed Forces in the Southwest Asia theater Unfortunately, the effort to get to of operations during the Persian Gulf War. servicemembers may have actually (2) The term ‘‘designated congressional the truth has been undermined by ac- been exposed to trace levels of poi- committees’’ means the following: tions painfully reminiscent of the sonous sarin gas. (A) The Committees on Veterans’ Affairs Agent Orange experience. I am hopeful, Much like the Agent Orange Act of and Armed Services of the Senate. though, that those actions are behind 1991, the Persian Gulf War Veterans (B) The Committees on Veterans’ Affairs us and that we are now moving ahead Act of 1997 calls for the Department of and National Security of the House of Rep- with a single-minded commitment to Veterans Affairs to contract with the resentatives. the truth. National Academy of Sciences to Mr. DASCHLE. Mr. President, sev- Countless studies have been con- evaluate the available scientific evi- eral years ago, I authored legislation ducted to determine whether there is a dence regarding associations between that today allows Vietnam veterans to connection between a wide range of illnesses suffered by Persian Gulf war receive disability compensation for toxins as well as environmental and veterans and their exposure to toxins their exposure to Agent Orange and wartime hazards and the illnesses suf- or environmental or wartime hazards. other toxic herbicides. This legislation, fered by Persian Gulf war veterans and Specifically, the Academy would iden- known as the Agent Orange Act of 1991, their families. Despite these efforts, tify the biological, chemical, or other

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 24, 1997 CONGRESSIONAL RECORD — SENATE S11205 toxic agents or environmental or war- The bill we are introducing today Mr. HELMS. Mr. President, I, Sen- time hazards to which U.S. service also calls for enhanced outreach to ator FAIRCLOTH, Senator LOTT, Senator members may have been exposed dur- those who served in the Persian Gulf BREAUX, Senator HOLLINS, Senator ing the Persian Gulf war. war. Specifically, it would require the BINGAMAN, Senator BROWNBACK, and The National Academy of Sciences VA to consult with DOD and HHS to Senator INOUYE are submitting today a would be required to identify those di- create an ongoing program to provide sense-of-the-Senate resolution which agnosed and undiagnosed illnesses information to veterans and their fami- commends the administration for its among Persian Gulf war veterans. In lies. For example, they would receive actions in attempting to end the Japa- addition, it would be responsible for re- information pertaining to the possible nese blockade of American ships who viewing potential treatment for chron- health risks to Persian Gulf war vet- wish to use Japanese port facilities. We ic undiagnosed illnesses. As it did erans who were exposed to toxic agents are also urging the administration to under the Agent Orange legislation, or environmental or wartime hazards. remain firm and stand behind the Fed- the Academy would also be authorized In addition, veterans would receive val- eral Maritime Commission in these ne- to make recommendations for addi- uable information on any services or gotiations with the Government of tional scientific studies regarding the benefits available to them. Japan. exposure that Persian Gulf war vet- Mr. President, as I mentioned pre- This issue is a no brainer. The Japa- erans may have had to toxic agents or viously, we have made great strides to nese are simply throwing up a blockade environmental or wartime hazards. determine the cause of illnesses suf- against American ships, who seek to Based upon the assessments of the fered by Vietnam veterans and their dock at Japanese ports. National Academy of Sciences and any children and agreed to provide them Mr. President, this protectionist other relevant scientific and medical with just compensation. We must now stand has increased cost of shipping for information, the Secretary of Veterans enhance our efforts to help those who the American consumer and all Amer- Affairs would then determine whether served our country during the Persian ican ocean carriers and their cus- a presumption of service connection is Gulf war. Passage of this legislation is tomers. We simply will not tolerate warranted for various diagnosed or essential to providing answers to the that kind of treatment from Japan or undiagnosed illnesses. The Secretary many questions we have about the any other trading partner. would provide compensation when causes of Persian Gulf war illnesses. The Federal Maritime Commission is there is a positive association between More importantly, it will ensure that to be commended for taking a tough the illness and exposure to one or more our veterans are receiving proper med- line toward the Japanese port authori- toxic agents or environmental or war- ical care and the compensation they ties. We encourage the administration time hazards during the Persian Gulf have earned. I again thank Senator to stand squarely behind the Commis- war. A positive association is regarded ROCKEFELLER for his leadership on this sion’s efforts to achieve fairness for as one where credible evidence for the issue and hope my colleagues will sup- American ships, especially because we association is equal to or outweighs port this important legislation. allow the Japanese open access to our credible evidence against the associa- f ports. tion. Like the Agent Orange Act, this There is the Biblical saying of ‘‘Do SENATE RESOLUTION 140—REL- legislation provides for ongoing Acad- unto others as you would have them do ATIVE TO INTERNATIONAL SHIP- emy reviews and puts a mechanism in unto you.’’ The Japanese version is the PING place whereby the Secretary may pro- complete reverse of that. vide compensation for additional ill- Mr. HELMS (for himself, Mr. LOTT, We accommodate Japanese shipping nesses as the scientific evidence war- Mr. FAIRCLOTH, Mr. BREAUX, Mr. HOL- and we should expect no less of them. rants. LINGS, Mr. BINGAMAN, Mr. BROWNBACK, Mr. President, I urge the Senate to The bill Senator ROCKEFELLER and I and Mr. Inouye) submitted the fol- swiftly adopt this resolution. are introducing today also requires the lowing resolution; which was referred f VA to collaborate with the Pentagon to the Committee on Commerce, to operate a computerized database for Science, and Transportation. ADDITIONAL COSPONSORS the collection, storage, and analysis of S. RES. 140 S. 61 information on the diagnosed and Whereas restrictive and discriminatory At the request of Mr. LOTT, the name undiagnosed illnesses suffered by Per- Japanese port practices have been a signifi- of the Senator from New Mexico [Mr. cant source of international concern for sian Gulf war veterans. I should point BINGAMAN] was added as a cosponsor of out that the database would also in- many years, have increased the cost of trans- porting goods to and from Japan for Amer- S. 61, a bill to amend title 46, United clude information on the treatment States Code, to extend eligibility for veterans receive for chronic undi- ican consumers, and all ocean carriers and their customers, and have restricted United veterans’ burial benefits, funeral bene- agnosed illnesses. The VA would be re- States carriers’ operations in Japan while fits, and related benefits for veterans of quired to continuously compile and Japanese carriers have not faced similar re- certain service in the United States analyze the information in this data- strictions in the United States. merchant marine during World War II. base that is likely to determine the as- Whereas for many years the Federal Mari- S. 412 sociation between the diagnosed and time Commission, and the United States De- At the request of Mr. LAUTENBERG, undiagnosed illnesses suffered by vet- partments of State and Transportation, have the name of the Senator from Hawaii erans and their exposure to toxic investigated and monitored these practices and urged the Japanese Government to rem- [Mr. INOUYE] was added as a cosponsor agents or environmental or wartime edy the problems caused by these restric- of S. 412, a bill to provide for a national hazards during the Persian Gulf war. tions; and In June, the General Accounting Of- standard to prohibit the operation of Whereas recent actions by the Federal motor vehicles by intoxicated individ- fice issued a report stating that, ‘‘al- Maritime Commission and negotiations con- though efforts have been made to diag- ducted by the Departments of State and uals. nose veterans’ problems and care had Transportation with the Government of S. 943 been provided to many eligible vet- Japan have reportedly produced agreements At the request of Mr. SPECTER, the erans, neither DOD nor VA has system- which would, when implemented, reform the name of the Senator from California Japanese port practices and remedy these [Mrs. FEINSTEIN] was added as a co- atically attempted to determine problems: Now, therefore, be it whether ill Gulf War veterans are any Resolved, That the Senate express strong sponsor of S. 943, a bill to amend title better or worse today than when they support for— 49, United States Code, to clarify the were first examined.’’ The database we (1) the efforts of the President and execu- application of the Act popularly known are proposing would correct that defi- tive branch to achieve removal of Japanese as the ‘‘Death on the High Seas Act’’ to ciency. It would permit VA and DOD to port restrictions, and aviation accidents. (2) vigilant, continued monitoring and en- S. 1096 determine whether Persian Gulf war forcement by the Federal Maritime Commis- veterans are getting better over time sion of changes in port practices promised by At the request of Mr. GRASSLEY, the and whether they are responding to the the Japanese Government that will benefit name of the Senator from Maine [Ms. treatment they are receiving. international trade. COLLINS] was added as a cosponsor of S.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11206 CONGRESSIONAL RECORD — SENATE October 24, 1997 1096, a bill to restructure the Internal ‘‘(1) ESTIMATE.—OMB shall, for any balance among the interests of product Revenue Service, and for other pur- amount by which revenues for a budget year users, manufacturers, and product sellers; poses. and any outyears through fiscal year 2002 ex- (2) providing for reasonable standards con- ceed the revenue target absent growth, esti- cerning, and limits on, punitive damages S. 1251 mate the excess (less any unexpected excess over and above the actual damages suffered At the request of Mr. D’AMATO, the receipts (including attributable interest) of by a claimant; names of the Senator from Alabama the Federal Old-Age and Survivors Insurance (3) ensuring the fair allocation of liability [Mr. SHELBY], the Senator from West and the Federal Disability Insurance Trust in product liability actions; Virginia [Mr. ROCKEFELLER], the Sen- Funds, the Federal Hospital Insurance Trust (4) reducing the unacceptable costs and ator from South Dakota [Mr. JOHNSON], Fund established by section 1817 of the So- delays in product liability actions caused by and the Senator from Mississippi [Mr. cial Security Act, and the Highway Trust excessive litigation that harm both plaintiffs Fund) and include such estimate as a sepa- and defendants; COCHRAN] were added as cosponsors of rate entry in the report prepared pursuant to (5) establishing greater fairness, ration- S. 1251, a bill to amend the Internal subsection (d) at the same time as the OMB ality, and predictability in product liability Revenue Code of 1986 to increase the sequestration preview report is issued. actions; and amount of private activity bonds which On page 3, strike lines 18 and 19 and insert (6) providing fair and expeditious judicial may be issued in each State, and to the following: ‘‘be considered to be in order procedures that are necessary to com- index such amount for inflation. for purposes of the Congressional Budget Act plement and effectuate the legal principles S. 1252 of 1974.’’. established by this Act. At the request of Mr. D’AMATO, the f TITLE I—PRODUCT LIABILITY REFORM names of the Senator from Alabama SEC. 101. DEFINITIONS. THE PRODUCT LIABILITY REFORM In this title: [Mr. SHELBY], the Senator from West ACT OF 1997 BIOMATERIALS AC- (1) ALCOHOLIC BEVERAGE.—The term ‘‘alco- Virginia [Mr. ROCKEFELLER], the Sen- CESS ASSURANCE ACT OF 1997 holic beverage’’ includes any beverage in liq- OHNSON ator from South Dakota [Mr. J ], uid form that contains not less than 1⁄2 of 1 and the Senator from Mississippi [Mr. percent of alcohol by volume and is intended COCHRAN] were added as cosponsors of ROCKEFELLER AMENDMENT NO. for human consumption. S. 1252, a bill to amend the Internal 1525 (2) CLAIMANT.—The term ‘‘claimant’’ Revenue Code of 1986 to increase the means any person who brings an action cov- (Ordered to lie on the table.) amount of low-income housing credits ered by this title and any person on whose Mr. ROCKEFELLER submitted an which may be allocated in each State, behalf such an action is brought. If such an amendment intended to be proposed by action is brought through or on behalf of an and to index such amount for inflation. him to the bill (S. 648) to establish estate, the term includes the claimant’s de- S. 1297 legal standards and procedures for cedent. If such an action is brought through At the request of Mr. COVERDELL, the product liability litigation, and for or on behalf of a minor or incompetent, the name of the Senator from Colorado other purposes; as follows: term includes the claimant’s legal guardian. [Mr. ALLARD] was added as a cosponsor (3) CLAIMANT’S BENEFITS.—The term Strike all after the enacting clause, and in- ‘‘claimant’s benefits’’ means the amount of S. 1297, a bill to redesignate Wash- sert the following: ington National Airport as ‘‘Ronald paid to an employee as workers’ compensa- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tion benefits. Reagan Washington National Airport.’’ (a) SHORT TITLE.—This Act may be cited as (4) CLEAR AND CONVINCING EVIDENCE.—The S. 1299 the ‘‘Product Liability Reform Act of 1997’’. term ‘‘clear and convincing evidence’’ is that At the request of Mr. HUTCHINSON, (b) TABLE OF CONTENTS.—The table of con- measure or degree of proof that will produce the names of the Senator from Ohio tents for this Act is as follows: in the mind of the trier of fact a firm belief [Mr. DEWINE], the Senator from Mis- Sec. 1. Short title; table of contents. or conviction as to the truth of the allega- souri [Mr. BOND], the Senator from Sec. 2. Purposes. tions sought to be established. The level of proof required to satisfy that standard is Alabama [Mr. SHELBY], the Senator TITLE I—PRODUCT LIABILITY REFORM more than that required under a preponder- from Alabama [Mr. SESSIONS], and the Sec. 101. Definitions. ance of the evidence, but less than that re- Senator from Texas [Mrs. HUTCHISON] Sec. 102. Applicability; preemption. quired for proof beyond a reasonable doubt. were added as cosponsors of S. 1299, a Sec. 103. Liability rules applicable to prod- (5) COMMERCIAL LOSS.—The term ‘‘commer- bill to limit the authority of the Ad- uct sellers, renters, and lessors. cial loss’’ means— ministrator of the Environmental Pro- Sec. 104. Defense based on claimant’s use of (A) any loss or damage solely to a product tection Agency and the Food and Drug alcohol or drugs. itself; Administration to ban metered-dose in- Sec. 105. Misuse or alteration. (B) loss relating to a dispute over the value Sec. 106. Statute of limitations. halers. of a product; or Sec. 107. Statute of repose for durable goods (C) consequential economic loss, the recov- S. 1306 used in a workplace. ery of which is governed by the Uniform At the request of Mr. INHOFE, the Sec. 108. Transitional provision relating to Commercial Code or analogous State com- name of the Senator from North Caro- extension of period for bringing mercial or contract law. lina [Mr. FAIRCLOTH] was added as a co- certain actions. (6) COMPENSATORY DAMAGES.—The term sponsor of S. 1306, a bill to prohibit the Sec. 109. Alternative dispute resolution pro- ‘‘compensatory damages’’ means damages conveyance of real property at Long cedures. awarded for economic and noneconomic loss. Sec. 110. Offers of judgment. (7) DRAM-SHOP.—The term ‘‘dram-shop’’ Beach Naval Station, California, to Sec. 111. Uniform standards for award of pu- China Ocean Shipping Company. means a drinking establishment where alco- nitive damages. holic beverages are sold to be consumed on f Sec. 112. Liability for certain claims relat- the premises. ing to death. AMENDMENTS SUBMITTED (8) DURABLE GOOD.—The term ‘‘durable Sec. 113. Workers’ compensation subroga- good’’ means any product, or any component tion. of any such product, which— THE ECONOMIC GROWTH DIVIDEND TITLE II—BIOMATERIALS ACCESS (A)(i) has a normal life expectancy of 3 or PROTECTION ACT OF 1997 ASSURANCE more years; or øTO BE SUPPLIED¿ (ii) is of a character subject to allowance for depreciation under the Internal Revenue TITLE III—LIMITATIONS ON Code of 1986; and APPLICABILITY; EFFECTIVE DATE ABRAHAM AMENDMENT NO. 1524 (B) is— (Ordered referred jointly to the Com- Sec. 301. Federal cause of action precluded. (i) used in a trade or business; mittee on the Budget and to the Com- Sec. 302. Effective date. (ii) held for the production of income; or mittee on Governmental Affairs.) SEC. 2. PURPOSES. (iii) sold or donated to a governmental or Mr. ABRAHAM submitted an amend- Based upon the powers contained in clause private entity for the production of goods, ment intended to be proposed by him 3 of section 8 of article I of the United States training, demonstration, or any other simi- Constitution, the purposes of this Act are to lar purpose. to the bill (S. 800) to create a tax cut promote the free flow of goods and services (9) ECONOMIC LOSS.—The term ‘‘economic reserve fund to protect revenues gen- and to lessen burdens on interstate com- loss’’ means any pecuniary loss resulting erated by economic growth; as follows: merce by— from harm (including the loss of earnings or On page 2, strike lines 6 through 13 and in- (1) establishing certain uniform legal prin- other benefits related to employment, med- sert the following: ciples of product liability that provide a fair ical expense loss, replacement services loss,

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 24, 1997 CONGRESSIONAL RECORD — SENATE S11207 loss due to death, burial costs, and loss of volved in placing a product in the stream of tained the age of 21 shall not be subject to business or employment opportunities) to commerce; or the provisions of this title, but shall be sub- the extent recovery for that loss is allowed (ii) installs, repairs, refurbishes, recondi- ject to any applicable Federal or State law. under applicable State law. tions, or maintains the harm-causing aspect (C) ACTIONS INVOLVING HARM CAUSED BY A (10) HARM.—The term ‘‘harm’’— of the product. TOBACCO PRODUCT.—A civil action brought for (A) means any physical injury, illness, dis- (B) EXCLUSION.—The term ‘‘product seller’’ harm caused by a tobacco product shall not ease, death, or damage to property caused by does not include— be subject to the provisions of this title gov- a product; and (i) a seller or lessor of real property; erning product liability actions, but shall be (B) does not include commercial loss. (ii) a provider of professional services in subject to any applicable Federal or State (11) INSURER.—The term ‘‘insurer’’ means any case in which the sale or use of a prod- law. the employer of a claimant if the employer uct is incidental to the transaction and the (D) ACTIONS INVOLVING HARM CAUSED BY A is self-insured or if the employer is not self- essence of the transaction is the furnishing BREAST IMPLANT.— insured, the workers’ compensation insurer of judgment, skill, or services; or (i) IMPLANT DEFINED.—As used in this sub- of the employer. (iii) any person who— paragraph, the term ‘‘implant’’ has the same (12) MANUFACTURER.—The term ‘‘manufac- (I) acts in only a financial capacity with meaning as in section ll. turer’’ means— respect to the sale of a product; or (ii) EXCLUSION.—A civil action brought for (A) any person who is engaged in a busi- (II) leases a product under a lease arrange- harm caused by a breast implant shall not be ness to produce, create, make, or construct ment in which the lessor does not initially subject to the provisions of this title gov- any product (or component part of a product) select the leased product and does not during erning product liability actions, but shall be and who— the lease term ordinarily control the daily subject to any applicable Federal or State (i) designs or formulates the product (or operations and maintenance of the product. law. (b) RELATIONSHIP TO STATE LAW.—This component part of the product); or (18) PUNITIVE DAMAGES.—The term ‘‘puni- title supersedes a State law only to the ex- (ii) has engaged another person to design tive damages’’ means damages awarded against any person or entity to punish or tent that the State law applies to a matter or formulate the product (or component part covered by this title. Any matter that is not of the product); deter that person or entity, or others, from engaging in similar behavior in the future. governed by this title, including any stand- (B) a product seller, but only with respect ard of liability applicable to a manufacturer, (19) STATE.—The term ‘‘State’’ means any to those aspects of a product (or component shall be governed by any applicable Federal part of a product) which are created or af- State of the United States, the District of Columbia, the Commonwealth of Puerto or State law. fected when, before placing the product in (c) EFFECT ON OTHER LAW.—Nothing in this Rico, the Northern Mariana Islands, the Vir- the stream of commerce, the product seller— title shall be construed to— gin Islands, Guam, American Samoa, and (i) produces, creates, makes, constructs (1) waive or affect any defense of sovereign any other territory or possession of the and designs, or formulates an aspect of the immunity asserted by any State under any United States or any political subdivision of product (or component part of the product) law; any of the foregoing. made by another person; or (2) supersede or alter any Federal law; (20) TOBACCO PRODUCT.—The term ‘‘tobacco (ii) has engaged another person to design (3) waive or affect any defense of sovereign product’’ means— or formulate an aspect of the product (or immunity asserted by the United States; (A) a cigarette, as defined in section 3 of component part of the product) made by an- (4) affect the applicability of any provision the Federal Cigarette Labeling and Adver- other person; or of chapter 97 of title 28, United States Code; tising Act (15 U.S.C. 1332); (C) any product seller not described in sub- (5) preempt State choice-of-law rules with (B) a little cigar, as defined in section 3 of paragraph (B) which holds itself out as a respect to claims brought by a foreign nation the Federal Cigarette Labeling and Adver- manufacturer to the user of the product. or a citizen of a foreign nation; tising Act (15 U.S.C. 1332); (13) NONECONOMIC LOSS.—The term ‘‘non- (6) affect the right of any court to transfer (C) a cigar, as defined in section 5702(a) of economic loss’’ means subjective, nonmone- venue or to apply the law of a foreign nation the Internal Revenue Code of 1986; tary loss resulting from harm, including or to dismiss a claim of a foreign nation or (D) pipe tobacco; pain, suffering, inconvenience, mental suf- of a citizen of a foreign nation on the ground (E) loose rolling tobacco and papers used to fering, emotional distress, loss of society and of inconvenient forum; or contain that tobacco; companionship, loss of consortium, injury to (7) supersede or modify any statutory or (F) a product referred to as smokeless to- reputation, and humiliation. common law, including any law providing for bacco, as defined in section 9 of the Com- (14) PERSON.—The term ‘‘person’’ means an action to abate a nuisance, that author- prehensive Smokeless Tobacco Health Edu- any individual, corporation, company, asso- izes a person to institute an action for civil cation Act of 1986 (15 U.S.C. 4408); and ciation, firm, partnership, society, joint damages or civil penalties, cleanup costs, in- (G) any other form of tobacco intended for stock company, or any other entity (includ- junctions, restitution, cost recovery, puni- human consumption. ing any governmental entity). tive damages, or any other form of relief, for (15) PRODUCT.— SEC. 102. APPLICABILITY; PREEMPTION. remediation of the environment (as defined (A) IN GENERAL.—The term ‘‘product’’ (a) PREEMPTION.— in section 101(8) of the Comprehensive Envi- means any object, substance, mixture, or (1) IN GENERAL.—Except as provided in ronmental Response, Compensation, and Li- raw material in a gaseous, liquid, or solid paragraph (2) and title II, this title governs ability Act of 1980 (42 U.S.C. 9601(8)). state that— any product liability action brought in any SEC. 103. LIABILITY RULES APPLICABLE TO (i) is capable of delivery itself or as an as- Federal or State court on any theory for PRODUCT SELLERS, RENTERS, AND sembled whole, in a mixed or combined harm caused by a product. LESSORS. state, or as a component part or ingredient; (2) ACTIONS EXCLUDED.— (a) GENERAL RULE.— (ii) is produced for introduction into trade (A) ACTIONS FOR COMMERCIAL LOSS.—A civil (1) IN GENERAL.—In any product liability or commerce; action brought for commercial loss shall be action that is subject to this title, a product (iii) has intrinsic economic value; and governed only by applicable commercial or seller other than a manufacturer shall be lia- (iv) is intended for sale or lease to persons contract law. ble to a claimant only if the claimant estab- for commercial or personal use. (B) ACTIONS FOR NEGLIGENT ENTRUSTMENT; lishes that— (B) EXCLUSION.—The term ‘‘product’’ does NEGLIGENCE PER SE CONCERNING FIREARMS AND (A)(i) the product that allegedly caused the not include— AMMUNITION; DRAM-SHOP.— harm that is the subject of the complaint (i) tissue, organs, blood, and blood products (i) NEGLIGENT ENTRUSTMENT.—A civil ac- was sold, rented, or leased by the product used for therapeutic or medical purposes, ex- tion for negligent entrustment shall not be seller; cept to the extent that such tissue, organs, subject to the provisions of this title gov- (ii) the product seller failed to exercise blood, and blood products (or the provision erning product liability actions, but shall be reasonable care with respect to the product; thereof) are subject, under applicable State subject to any applicable Federal or State and law, to a standard of liability other than law. (iii) the failure to exercise reasonable care negligence; or (ii) NEGLIGENCE PER SE CONCERNING FIRE- was a proximate cause of the harm to the (ii) electricity, water delivered by a util- ARMS AND AMMUNITION.—A civil action claimant; ity, natural gas, or steam. brought under a theory of negligence per se (B)(i) the product seller made an express (16) PRODUCT LIABILITY ACTION.—The term concerning the use of a firearm or ammuni- warranty applicable to the product that al- ‘‘product liability action’’ means a civil ac- tion shall not be subject to the provisions of legedly caused the harm that is the subject tion brought on any theory for harm caused this title governing product liability actions, of the complaint, independent of any express by a product. but shall be subject to any applicable Fed- warranty made by a manufacturer as to the (17) PRODUCT SELLER.— eral or State law. same product; (A) IN GENERAL.—The term ‘‘product sell- (iii) DRAM-SHOP.—A civil action brought (ii) the product failed to conform to the er’’ means a person who in the course of a under a theory of dram-shop or third-party warranty; and business conducted for that purpose— liability arising out of the sale or provision (iii) the failure of the product to conform (i) sells, distributes, rents, leases, prepares, of an alcoholic beverage to an intoxicated in- to the warranty caused the harm to the blends, packages, labels, or otherwise is in- dividual or an individual who has not at- claimant; or

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11208 CONGRESSIONAL RECORD — SENATE October 24, 1997 (C)(i) the product seller engaged in inten- ble under Federal or State law shall be re- that section) if the condition under para- tional wrongdoing, as determined under ap- duced by the percentage of responsibility for graph (2) is met. plicable State law; and the claimant’s harm attributable to misuse (2) CONDITION.—Paragraph (1) shall apply (ii) the intentional wrongdoing was a prox- or alteration of a product by any person if with respect to a claimant in an action de- imate cause of the harm that is the subject the defendant establishes that such percent- scribed in that paragraph if that claimant of the complaint. age of the claimant’s harm was proximately discovers the harm that is the subject of the (2) REASONABLE OPPORTUNITY FOR INSPEC- caused by a use or alteration of a product— action during the 18-year period beginning TION.—For purposes of paragraph (1)(A)(ii), a (A) in violation of, or contrary to, a de- on the date of the delivery of the product to product seller shall not be considered to have fendant’s express warnings or instructions if the first purchaser or lessee. failed to exercise reasonable care with re- the warnings or instructions are adequate as (c) GENERAL EXCEPTIONS.— spect to a product based upon an alleged fail- determined pursuant to applicable Federal (1) IN GENERAL.—A motor vehicle, vessel, ure to inspect the product, if— or State law; or aircraft, or train, that is used primarily to (A) the failure occurred because there was (B) involving a risk of harm which was transport passengers for hire, shall not be no reasonable opportunity to inspect the known or should have been known by the or- subject to this section. product; or dinary person who uses or consumes the (2) CERTAIN EXPRESS WARRANTIES.—Sub- (B) the inspection, in the exercise of rea- product with the knowledge common to the section (a) does not bar a product liability sonable care, would not have revealed the as- class of persons who used or would be reason- action against a defendant who made an ex- pect of the product that allegedly caused the ably anticipated to use the product. press warranty in writing as to the safety or claimant’s harm. (2) USE INTENDED BY A MANUFACTURER IS life expectancy of the specific product in- (b) SPECIAL RULE.— NOT MISUSE OR ALTERATION.—For purposes of volved which was longer than 18 years, ex- (1) IN GENERAL.—A product seller shall be this title, a use of a product that is intended cept that such subsection shall apply at the deemed to be liable as a manufacturer of a by the manufacturer of the product does not expiration of that warranty. product for harm caused by the product, if— constitute a misuse or alteration of the prod- (3) AVIATION LIMITATIONS PERIOD.—Sub- (A) the manufacturer is not subject to uct. section (a) does not affect the limitations pe- service of process under the laws of any (b) WORKPLACE INJURY.—Notwithstanding riod established by the General Aviation Re- State in which the action may be brought; or subsection (a), and except as otherwise pro- vitalization Act of 1994 (49 U.S.C. 40101 note). (B) the court determines that the claimant vided in section 113, the damages for which a SEC. 108. TRANSITIONAL PROVISION RELATING is or would be unable to enforce a judgment defendant is otherwise liable under State law TO EXTENSION OF PERIOD FOR against the manufacturer. shall not be reduced by the percentage of re- BRINGING CERTAIN ACTIONS. (2) STATUTE OF LIMITATIONS.—For purposes sponsibility for the claimant’s harm attrib- If any provision of section 106 or 107 short- of this subsection only, the statute of limita- utable to misuse or alteration of the product ens the period during which a product liabil- tions applicable to claims asserting liability by the claimant’s employer or any co- ity action could be otherwise brought pursu- of a product seller as a manufacturer shall be employee who is immune from suit by the ant to another provision of law, the claimant tolled from the date of the filing of a com- claimant pursuant to the State law applica- may, notwithstanding sections 106 and 107, plaint against the manufacturer to the date ble to workplace injuries. bring the product liability action not later that judgment is entered against the manu- SEC. 106. STATUTE OF LIMITATIONS. than 1 year after the date of enactment of facturer. (a) IN GENERAL.—Except as provided in this Act, except that nothing in this section (c) RENTED OR LEASED PRODUCTS.— subsection (b) and subject to section 107, a shall affect the application of section 107(b). (1) DEFINITION.—For purposes of paragraph product liability action that is subject to SEC. 109. ALTERNATIVE DISPUTE RESOLUTION (2), and for determining the applicability of this title may be filed not later than 2 years PROCEDURES. this title to any person subject to that para- after the date on which the claimant discov- (a) NOTIFICATION REQUIREMENT.—In any graph, the term ‘‘product liability action’’ ered or, in the exercise of reasonable care, case in which an applicable State law pro- means a civil action brought on any theory should have discovered, the harm that is the vides for an alternative dispute resolution for harm caused by a product or product use. subject of the action and the cause of the procedure, each defendant in a product li- (2) LIABILITY.—Notwithstanding any other harm. ability action that is subject to this title provision of law, any person engaged in the (b) EXCEPTIONS.— shall, not later than 10 days before the appli- business of renting or leasing a product (1) PERSON WITH A LEGAL DISABILITY.—A cable date specified for service of an offer (other than a person excluded from the defi- person with a legal disability (as determined under subsection (b), notify the claimant to nition of product seller under section under applicable law) may file a product li- inform the claimant of the applicability of 101(17)(B)) shall be subject to liability in a ability action that is subject to this title not that State law. product liability action under subsection (a), later than 2 years after the date on which (b) SERVICE OF OFFER.—A claimant or a de- but any person engaged in the business of the person ceases to have the legal dis- fendant in a product liability action that is renting or leasing a product shall not be lia- ability. subject to this title may serve upon an ad- ble to a claimant for the tortious act of an- (2) EFFECT OF STAY OR INJUNCTION.—If the verse party an offer to proceed pursuant to other solely by reason of ownership of that commencement of a civil action that is sub- any voluntary, nonbinding alternative dis- product. ject to this title is stayed or enjoined, the pute resolution procedure established or rec- SEC. 104. DEFENSE BASED ON CLAIMANT’S USE running of the statute of limitations under ognized under the law of the State in which OF ALCOHOL OR DRUGS. this section shall be suspended until the end the product liability action is brought or (a) GENERAL RULE.—In any product liabil- of the period that the stay or injunction is in under the rules of the court in which that ac- ity action that is subject to this title, it effect. tion is maintained, not later than 60 days shall be a complete defense to a claim made SEC. 107. STATUTE OF REPOSE FOR DURABLE after the later of— by a claimant, if that claimant— GOODS USED IN A WORKPLACE. (1) service of the initial complaint; or (1) was intoxicated or was under the influ- (a) IN GENERAL.— (2) the expiration of the applicable period ence of alcohol or any drug when the acci- (1) APPLICABLE PERIOD.—Except as provided for a responsive pleading. dent or other event which resulted in that in subsections (b) and (c), no product liabil- (c) WRITTEN NOTICE OF ACCEPTANCE OR RE- claimant’s harm occurred; and ity action that is subject to this title con- JECTION.—Except as provided in subsection (2) as a result of the influence of the alco- cerning a durable good described in para- (d), not later than 20 days after the service of hol or drug, was more than 50 percent re- graph (2) may be filed after the 18-year pe- an offer to proceed under subsection (b), an sponsible for that harm. riod beginning at the time of delivery of the offeree shall file a written notice of accept- (b) CONSTRUCTION.—For purposes of sub- product to the first purchaser or lessee. ance or rejection of the offer. section (a)— (2) DURABLE GOODS DESCRIBED.—A durable (d) EXTENSION.— (1) the determination of whether a person good described in this section is a durable (1) IN GENERAL.—The court may, upon mo- was intoxicated or was under the influence of good that is— tion by an offeree made prior to the expira- alcohol or any drug shall be made pursuant (A) used in a workplace; and tion of the 20-day period specified in sub- to applicable State law; and (B) alleged to have caused harm (other section (c), extend the period for filing a (2) the term ‘‘drug’’ means any controlled than toxic harm) that is covered under an written notice under such subsection for a substance as defined in the Controlled Sub- applicable State workers’ compensation law. period of not more than 60 days after the stances Act (21 U.S.C. 802(6)) that was not le- (b) APPLICABILITY OF STATUTE OF LIMITA- date of expiration of the period specified in gally prescribed for use by the claimant or TIONS.— subsection (c). that was taken by the claimant other than (1) IN GENERAL.—Notwithstanding any (2) PERMITTED DISCOVERY.—Discovery may in accordance with the terms of a lawfully other provision of this section, a product li- be permitted during the period described in issued prescription. ability action that is subject to this title and paragraph (1). SEC. 105. MISUSE OR ALTERATION. that concerns a durable good described in SEC. 110. OFFERS OF JUDGMENT. (a) GENERAL RULE.— subsection (a)(2) may be filed during the ap- (a) OFFERS OF JUDGMENT BY CLAIMANTS.— (1) IN GENERAL.—In any product liability plicable period prescribed in section 106 (in- Any claimant in a product liability action action that is subject to this title, the dam- cluding any applicable period prescribed that is subject to this title may, at any time ages for which a defendant is otherwise lia- under the exceptions under subsection (b) of after filing the complaint for that action,

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 24, 1997 CONGRESSIONAL RECORD — SENATE S11209 serve an offer of judgment to be entered amount specified by that defendant in the are to be awarded for the harm that is the against a defendant for a specified dollar offer of judgment. subject of the action and the amount of the amount as complete satisfaction of the (2) AMOUNT OF MODIFICATION.—The court award. claim. may make a modification under paragraph (2) INADMISSIBILITY OF EVIDENCE RELATIVE (b) OFFERS OF JUDGMENT BY DEFENDANTS.— (1) to provide for a decrease of the civil pen- ONLY TO A CLAIM OF PUNITIVE DAMAGES IN A A defendant in an action referred to in sub- alties assessed against that defendant in an PROCEEDING CONCERNING COMPENSATORY DAM- section (a) may, during the period described amount not to exceed the lesser of— AGES.—If any party requests a separate pro- in that subsection, serve an offer of judg- (A) $50,000; or ceeding under paragraph (1), in a proceeding ment to be entered against that defendant (B)(i) the difference between— to determine whether the claimant may be for a specified dollar amount as complete (I) the amount of the unadjusted judgment; awarded compensatory damages, any evi- satisfaction of a claim referred to in that and dence, argument, or contention that is rel- subsection. (II) the amount of the offer of judgment evant only to the claim of punitive damages, (c) RESPONSE PERIOD.—Subject to sub- made by the defendant; reduced by as determined by applicable State law, shall section (d), the period for response to an (ii) a reasonable attorney’s fee. be inadmissible. offer of judgment under this section shall be (3) CLAIMANT NOT PREVAILING PARTY.—In SEC. 112. LIABILITY FOR CERTAIN CLAIMS RE- the later of— any case in which the claimant is not the LATING TO DEATH. (1) the date that is 30 days after the date of prevailing party, the refusal of the claimant (a) IN GENERAL.—Subject to subsection (b), the receipt of the offer; or to accept an offer of judgment shall not re- a defendant may be liable for damages that (2) the date of expiration of any otherwise sult in the payment of a penalty under this are only punitive in nature without regard applicable period for response. subsection. to section 111 in any product liability action (d) EXTENSION OF RESPONSE PERIOD.— (g) EVIDENCE OF OFFER.—An offer of judg- that is subject to this title— (1) IN GENERAL.—The court may extend the ment that is not accepted by the offeree by (1) in which the alleged harm to the claim- period for response to an offer of judgment the applicable date for response specified in ant is death; and under subsection (c) on a motion made by an this section— (2) that is subject to an applicable State offeree. (1) shall be considered to have been with- law that, as of the date of enactment of this (2) REQUIREMENTS FOR MOTION.—Any mo- drawn; and Act, provides, or is construed to provide, for tion made by an offeree under paragraph (1) (2) except in a proceeding to determine rea- damages that are only punitive in nature. shall be accompanied by an affidavit that— sonable attorney’s fees and costs, shall not (b) LIMITATION.—Subsection (a) shall apply (A) sets forth the reasons why the exten- be admissible as evidence in an action to an action that meets the requirements of sion requested in the motion is necessary; brought under this title. paragraphs (1) and (2) of that subsection only and SEC. 111. UNIFORM STANDARDS FOR AWARD OF during such period as the State law provides, (B) includes a statement that the informa- PUNITIVE DAMAGES. or is construed to provide, for damages that tion that is likely to be discovered during (a) GENERAL RULE.—To the extent punitive are only punitive in nature. damages are permitted by applicable State the period of the extension referred to in (c) SUNSET.—This section shall cease to be law, punitive damages may be awarded subparagraph (A) is— effective on September 1, 1998. against a defendant in any product liability (i) material; and action that is subject to this title if the SEC. 113. WORKERS’ COMPENSATION SUBROGA- (ii) not, after reasonable inquiry, otherwise TION. claimant establishes by clear and convincing available to that offeree. evidence that the harm that is the subject of (a) GENERAL RULE.— (e) PENALTY TO DEFENDANTS FOR REJECTION the action was the result of conduct carried (1) RIGHT OF SUBROGATION.— OF OFFER.— out by the defendant with a conscious, fla- (A) IN GENERAL.—An insurer shall have a (1) MODIFICATION OF JUDGMENT.—The court grant indifference to the rights or safety of right of subrogation against a manufacturer may modify a judgment against a defendant others. or product seller to recover any claimant’s under paragraph (2) if— (b) SPECIAL RULE.— benefits relating to harm that is the subject (A) a defendant, as an offeree, does not (1) IN GENERAL.—Subject to subsection (c), of a product liability action that is subject serve on the claimant a written notification in any action described in subsection (a) to this title. of acceptance of an offer of judgment served against a person or entity described in para- (B) WRITTEN NOTIFICATION.—To assert a by the claimant in accordance with this sec- graph (2), an award of punitive damages shall right of subrogation under subparagraph (A), tion— not exceed the lesser of— the insurer shall provide written notice to (i) during the applicable period for re- (A) 2 times the amount of compensatory the court in which the product liability ac- sponse referred to in subsection (c); or damages awarded; or tion is brought. (ii) in any case in which the responsive (B) $250,000. (C) INSURER NOT REQUIRED TO BE A PARTY.— pleading of the defendant contains a motion (2) PERSONS AND ENTITIES DESCRIBED.— An insurer shall not be required to be a nec- to dismiss, not later than 30 days after the (A) IN GENERAL.—A person or entity de- essary and proper party in a product liability date on which the court denies that motion scribed in this paragraph is— action covered under subparagraph (A). to dismiss; and (i) an individual whose net worth does not (2) SETTLEMENTS AND OTHER LEGAL PRO- (B) the unadjusted final judgment against exceed $500,000; or CEEDINGS.— the defendant includes damages (including (ii) an owner of an unincorporated busi- (A) IN GENERAL.—In any proceeding relat- any compensatory, punitive, exemplary, or ness, or any partnership, corporation, asso- ing to harm or settlement with the manufac- other damages) in an amount greater than ciation, unit of local government, or organi- turer or product seller by a claimant who the amount specified by the claimant in the zation that has— files a product liability action that is subject offer of judgment. (I) annual revenues of less than or equal to to this title, an insurer may participate to (2) AMOUNT OF MODIFICATION.—The court $5,000,000; and assert a right of subrogation for claimant’s may make a modification under paragraph (II) fewer than 25 full-time employees. benefits with respect to any payment made (1) to provide for an increase of the civil pen- (B) ANNUAL REVENUES AND EMPLOYEES.— by the manufacturer or product seller by alties assessed against that defendant in an For the purpose of determining the applica- reason of that harm, without regard to amount not to exceed the lesser of— bility of this subsection to a corporation, the whether the payment is made— (A) $50,000; or calculation of— (i) as part of a settlement; (B) the difference between— (i) the annual revenues of that corporation (ii) in satisfaction of judgment; (i) the amount of the unadjusted judgment; shall include the annual revenues of any par- (iii) as consideration for a covenant not to and ent corporation (or other subsidiary of the sue; or (ii) the amount of the offer of judgment parent corporation), subsidiary, branch, divi- (iv) in another manner. made by the claimant. sion, department, or unit of that corpora- (B) WRITTEN NOTIFICATION.—Except as pro- (f) PENALTY TO CLAIMANTS FOR REJECTION tion; and vided in subparagraph (C), an employee shall OF OFFER.— (ii) the number of employees of that cor- not make any settlement with or accept any (1) MODIFICATION OF JUDGMENT.—The court poration shall include the number of employ- payment from the manufacturer or product may modify a judgment against a defendant ees of any parent corporation (or other sub- seller without written notification to the in- in accordance with paragraph (2), if— sidiary of the parent corporation), sub- surer. (A) a claimant, as an offeree, does not sidiary, branch, division, department, or unit (C) EXEMPTION.—Subparagraph (B) shall serve on the defendant a written notice of of that corporation. not apply in any case in which the insurer acceptance of an offer of judgment served by (c) BIFURCATION AT REQUEST OF ANY has been compensated for the full amount of that defendant in accordance with this sec- PARTY.— the claimant’s benefits. tion during the applicable period for re- (1) IN GENERAL.—At the request of any (3) HARM RESULTING FROM ACTION OF EM- sponse referred to in subsection (c); and party, the trier of fact in any action that is PLOYER OR COEMPLOYEE.— (B) the unadjusted final judgment against subject to this section shall consider in a (A) IN GENERAL.—If, with respect to a prod- that defendant includes damages (including separate proceeding, held subsequent to the uct liability action that is subject to this any compensatory, punitive, exemplary, or determination of the amount of compen- title, the manufacturer or product seller at- other damages) in an amount less than the satory damages, whether punitive damages tempts to persuade the trier of fact that the

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S11210 CONGRESSIONAL RECORD — SENATE October 24, 1997 harm to the claimant was caused by the garding the nomination of Mr. Peter tion. But I expect USTR, with Mr. fault of the employer of the claimant or any Scher to be the Special Trade Ambas- Scher acting as Ambassador, to aggres- coemployee of the claimant, the issue of that sador for Agriculture which the Senate sively pursue the resolution of the crit- fault shall be submitted to the trier of fact, approved yesterday. I am pleased to re- ical issues facing our domestic dairy but only after the manufacturer or product seller has provided timely written notice to port that the Senate Foreign Relations and potato sectors. I will continue to the insurer. Committee, on which I serve, consid- work with USTR to resolve these (B) RIGHTS OF INSURER.— ered the nomination of Mr. Scher and issues and will hold Mr. Scher to his (i) IN GENERAL.—Notwithstanding any favorably reported his nomination last commitment that USTR will use all ex- other provision of law, with respect to an month. isting tools to ensure compliance with issue of fault submitted to a trier of fact pur- I met with Mr. Scher following his existing trade agreements and to pur- suant to subparagraph (A), an insurer shall, confirmation hearing before the Senate sue greater access for agriculture to in the same manner as any party in the ac- Foreign Relations Committee to dis- international markets. tion (even if the insurer is not a named party cuss with him the problems Wiscon- in the action), have the right to— I continue to have serious reserva- (I) appear; sin’s agricultural sector has had with tions about U.S. efforts to begin new (II) be represented; our existing trade agreements such as trade negotiations until the problems (III) introduce evidence; the Uruguay Round of GATT and the with our current bilateral and multi- (IV) cross-examine adverse witnesses; and North American Free Trade Agree- lateral agreements are successfully re- (V) present arguments to the trier of fact. ment. I urged Mr. Scher, in his new po- solved. Wisconsin is home to 24,000 (ii) LAST ISSUE.—The issue of harm result- sition, to work diligently to ensure dairy farmers, 140 cheese processing ing from an action of an employer or co- that our trading partners are com- plants and many other businesses asso- employee shall be the last issue that is sub- plying with their agricultural trade ob- mitted to the trier of fact. ciated with milk production and proc- (C) REDUCTION OF DAMAGES.—If the trier of ligations established by these agree- essing. Dairy contributes some $4 bil- fact finds by clear and convincing evidence ments. lion in income to Wisconsin’s economy that the harm to the claimant that is the Specifically, I asked Mr. Scher and and provides 130,000 jobs. Wisconsin is subject of the product liability action was the USTR to accept a Section 301 peti- also the fifth largest potato producing caused by the fault of the employer or a co- tion filed by the dairy industry asking state with a large chip and french fry employee of the claimant— USTR to challenge the Canadian ex- processing sector. Overall, Wisconsin (i) the court shall reduce by the amount of port pricing scheme before the World ranks tenth in the nation in farm num- the claimant’s benefits— Trade Organization. Canada’s dairy ex- (I) the damages awarded against the manu- bers and ninth nationally with respect facturer or product seller; and port subsidies violate the export sub- to market value of agricultural prod- (II) any corresponding insurer’s subroga- sidy reduction commitments under the ucts sold. tion lien; and Uruguay Round. These subsidies dis- Wisconsin’s farmers and food proc- (ii) the manufacturer or product seller advantage the U.S. dairy industry in essing industry could greatly benefit shall have no further right by way of con- its efforts to compete in world mar- by gaining a greater share of inter- tribution or otherwise against the employer. kets. I also pointed out that Canada national markets. However, for that to (D) CERTAIN RIGHTS OF SUBROGATION NOT also has effectively prohibited our happen, our trade agreements must not AFFECTED.—Notwithstanding a finding by the dairy industry from exporting products trier of fact described in subparagraph (C), only be fair, they must be enforceable. the insurer shall not lose any right of sub- to lucrative Canadian markets. Not To date, our trade agreements have not rogation related to any— only must USTR aggressively pursue only failed to provide significant bene- (i) intentional tort committed against the WTO dispute settlement proceedings fits for many agricultural sectors, in- claimant by a coemployee; or against Canadian export subsidies, but cluding dairy, they have placed some (ii) act committed by a coemployee outside it must also seek greater access for sectors at a distinct disadvantage. I the scope of normal work practices. U.S. dairy products to Canadian mar- will look at all future trade agreement (b) ATTORNEY’S FEES.—If, in a product li- kets, among others, in any upcoming proposals with an eye to these issues ability action that is subject to this section, trade negotiations. and make decisions on those proposals the court finds that harm to a claimant was I am pleased that late last month not caused by the fault of the employer or a based, in part, on how they treat Wis- coemployee of the claimant, the manufac- U.S. Trade Representative Barshefsky consin farmers.∑ turer or product seller shall reimburse the agreed to pursue formal WTO dispute insurer for reasonable attorney’s fees and resolution proceedings challenging the f Canadian dairy export subsidy scheme court costs incurred by the insurer in the ac- TRIBUTE TO LEE H. CLARK tion, as determined by the court. as well as European Union violations of TITLE II—BIOMATERIALS ACCESS the dairy provisions of the Uruguay ∑ Mr. ABRAHAM. Mr. President, I rise ASSURANCE Round. I appreciate the cooperation of today to pay homage to a man of great TITLE III—LIMITATIONS ON Mr. Scher and Ambassador Barshefsky character, commitment, and integrity. APPLICABILITY; EFFECTIVE DATE on this important matter. Lee H. Clark has dedicated his life to SEC. 301. FEDERAL CAUSE OF ACTION PRE- I also raised with Mr. Scher the prob- public service. Beginning at the tender CLUDED. lems the U.S. potato industry has had age of eighteen, Lee entered the United The district courts of the United States with respect to access to both Cana- States Navy in 1943 where he served shall not have jurisdiction pursuant to this dian and Mexican markets. I urged him honorably for three years. After his Act based on section 1331 or 1337 of title 28, to pursue negotiations with the Cana- commitment to the Navy, Lee entered United States Code. dians to allow greater access of U.S. college where he threw himself into SEC. 302. EFFECTIVE DATE. potatoes to their domestic markets and academics, gaining a Master’s degree This Act shall apply with respect to any to aggressively seek accelerated reduc- in business from the University of action commenced on or after the date of en- Michigan. Following his education, Lee actment of this Act without regard to tion in Mexican tariffs for U.S. pota- whether the harm that is the subject of the toes, a commitment made to potato returned home and started his own action or the conduct that caused the harm growers when NAFTA was approved. business. Soon after, with his company occurred before that date of enactment. Mr. Scher assured me that potatoes flourishing, Lee’s interest in the polit- f would be among the commodities to be ical process was sparked after serving considered in upcoming negotiations as a precinct delegate in 1956. Lee en- ADDITIONAL STATEMENTS with Mexico. tered into the political realm with the I believe Mr. Scher has a funda- same determination and vigor that he mental understanding of both the im- displayed throughout his entire life THE NOMINATION OF PETER portance of trade to agriculture gen- and four years later ran for Congress. SCHER TO BE SPECIAL TRADE erally and of the complex trade prob- Although his bid for office was unsuc- AMBASSADOR FOR AGRI- lems the U.S dairy industry faces re- cessful, Lee’s desire for public service CULTURE garding compliance with existing trade was unabated and he began a long, ∑ Mr. FEINGOLD. Mr. President, I agreements. For that reason, I have meritorious career in service to the want to make a few brief comments re- supported the approval of his nomina- State of Michigan.

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 24, 1997 CONGRESSIONAL RECORD — SENATE S11211 Michigan has been greatly affected new approaches to teaching reading on September 5—is based on economic by Lee’s energetic guidance and leader- and math. projections finalized in early June. But ship. In the intervening years between Mr. President, Western Coventry even by then it should have been clear 1956 and the present, Lee has been a School is dedicated to the highest what was happening to prices. By early driving force for the Republican Party. standards. It is a school committed to June 1997, data for 8 months of the ben- From community elections to those a process of continuous improvement efit computation period, August 1996– elections national in scope, Lee always with a focus on high student achieve- April 1997, indicated that, on an annual offered great wisdom and foresight. ment. Most importantly, Western Cov- basis, CPI–W had increased by 2.4 per- Throughout his life, Lee has shown tre- entry recognizes the value of the larger cent. To increase by 2.7 percent for the mendous concern for his fellow citizens community and seeks its support and full year would require, on an annual and was always a willing volunteer for involvement. This school and commu- basis, a 3.2-percent increase in CPI–W any task. I am proud to have had the nity are making a huge difference in for the remaining 4 months, April 1997– chance to work beside him. the lives of its students. August 1997, of the computation period. Mr. President, I am extremely hon- Mr. President, the Blue Ribbon Put another way the Administration ored to have this opportunity to thank School initiative shows us the very was predicting a one-third increase in him for his many years of service and best we can do for students and the the inflation rate. Yet, on an annual friendship. He is a very dear friend and techniques that can be replicated in basis, CPI–W increased by only 1.5 per- my thoughts and prayers go out to every school to help all students suc- cent during these 4 months. That is, him, his wife Nancy, and the rest of his ceed. I am proud to say that in Rhode the inflation rate actually declined by family.∑ Island we can look to a school like the almost 40 percent. f Western Coventry School. Under the In short, by the spring it should have leadership of its principal, Barry Ricci, TRIBUTE TO WESTERN COVENTRY been clear that the benefit increase its capable faculty, and its involved SCHOOL, 1997 U.S. DEPARTMENT would be less than 2.7 percent. And by parents, Western Coventry School will OF EDUCATION BLUE RIBBON late summer it was virtually certain continue to be a shining example for SCHOOL that the increase would be 2.0 to 2.2 years to come.∑ percent, but nowhere near 2.7 percent. ∑ Mr. REED. Mr. President, I rise f What does this mean to the average today to recognize the achievement of beneficiary now receiving a monthly Western Coventry School of Coventry, HOW NOT TO BUILD CONFIDENCE benefit of $749? Instead of a $20 month- Rhode Island, which was honored ear- IN GOVERNMENT STATISTICS ly benefit increase—2.7 percent of lier this year as a U.S. Department of ∑ Mr. MOYNIHAN. Mr. President, on $749—the benefit increase will be about Education Blue Ribbon School. October 16, following the release of $16. Fortunately, few if any Members of It is a highly regarded distinction to monthly price data by the Bureau of Congress rushed out in early October be named a Blue Ribbon School. Labor Statistics [BLS], the Social Se- and announced to constituents, based Through an intensive selection process curity Administration announced a 2.1- on the Administration’s estimates, beginning at the state level and con- percent cost of living adjustment that they would receive an expected tinuing through a federal Review Panel [COLA] for Social Security and other 2.7-percent benefit increase. of 100 top educators, many of the very Government programs. Yet a week ear- best public and private schools in the lier, the Social Security Administra- The Advisory Commission to Study nation are identified as deserving of tion circulated a table which indicated the Consumer Price Index—the Boskin this honor. These schools are particu- that the benefit increase would be 2.7 Commission—concluded that the Con- larly effective in meeting local, state, percent. sumer Price Index [CPI] overstates and national goals. However, this How could this happen? Simple. The changes in the cost of living by about honor signifies not just who is best, but Administration, as I have noted on nu- 1.1 percentage points. And many other what works in educating today’s chil- merous occasions, insisted on using an researchers concur with the findings of dren. outdated economic forecast so as to ob- the Boskin Commission. The American Now, more than ever, it is important scure the fact that the budget was ap- Association of Retired Persons that we make every effort to reach out proaching balance in fiscal year 1997 in [AARP], and others, have argued that to students, that we truly engage and the absence of a budget agreement. the only way to keep politics out of the challenge them, and that we make While that budget legislation was pend- process is to let the BLS do it. Such their education come alive. At the ing in Congress last summer, it was critics should be mindful that accurate Western Coventry School, a kinder- feared that if the economic outlook statistics include timely and accurate garten through sixth grade school, par- was too favorable, pressure for the projections. By late September or early ent-teacher cooperation, through an budget bills would decrease and agree- October of each year Social Security award winning Parent Teacher Asso- ment would not be reached. And so the beneficiaries should be able to rely on ciation (PTA), has helped to improve Social Security Actuaries had no re- their Government to provide reliable the quality of education. The school course other than to use the official projections of upcoming benefit in- has instituted a mentoring program for forecast when presenting data on the creases. at-risk youth and has made concerted actuarial status of the trust funds. Mr. President, I ask that a table pre- efforts to ensure that students with Here is why the numbers were, to put pared by the Social Security Adminis- special needs receive the assistance it mildly, misleading. The Administra- tration, Office of the Actuary, on Octo- they require. In addition, teachers have tion notes that its midsession budget ber 7, 1997, be printed in the RECORD. taken an aggressive role in developing review—released almost 2 months late The table follows: TABLE 1.—ECONOMIC ASSUMPTIONS UNDERLYING THE MID-SESSION REVIEW OF THE PRESIDENT’S FISCAL YEAR 1998 BUDGET [In percent]

1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007

Change in real GDP...... 2.4 3.5 2.0 2.0 2.1 2.4 2.4 2.4 2.4 2.4 2.4 2.4 Civilian unemployment rate...... 5.4 5.0 5.2 5.4 5.5 5.5 5.5 5.5 5.5 5.5 5.5 5.5 Change in average annual CPI...... 2.9 2.7 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 Change in average covered wage...... 4.3 4.6 3.2 3.8 3.9 3.7 3.6 3.8 3.8 3.8 3.9 3.9 Real wage differential...... 1.4 2.0 0.7 1.2 1.4 1.2 1.1 1.3 1.3 1.3 1.4 1.4 Benefit increase...... 2.9 2.7 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 Average annual interest rate...... 6.6 6.7 6.1 5.7 5.6 5.4 5.4 5.4 5.4 5.4 5.4 5.4

Note: Social Security Administration, Office of the Chief Actuary, October 7, 1997.•

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Business, labor, and religious array of services with financial support the farm sector, and creates new jobs. leaders will be sharing their strategies for adoptions, and benefits for part- In keeping with a key theme voiced at and successes for improving and ex- time employees; the recent White House Conference on panding child care opportunities. This Motorola, Inc., according to the mag- Climate Change, with renewable fuels afternoon’s discussion is entitled azine, ‘‘remains the corporate leader in we can do well by doing good, for ‘‘learning from what works.’’ providing subsidized child care for em- American agriculture and the whole In government, we can do no better ployees’ kids’’; country. than to look to the private and non- Northern Trust Corp. has doubled the If that were not enough, Mr. Presi- profit businesses and organizations in number of employees working at home dent, Tuesday’s announcement by the our communities to learn what works. in the past year; and Commerce Department that record oil With today’s focus on child care issues, Sara Lee Corp. has a commitment to imports caused our merchandise trade I commend to my colleagues, this helping working mothers advance. deficit to increase in August gives month’s issue of Working Mother Mag- Today, its general counsel, chief finan- added urgency to the promotion of re- azine, and it’s 12th annual survey of cial officer and treasurer, among oth- newable fuels. It is clear that even if no the 100 best companies for working ers, are female. treaty on climate change comes out of mothers. This list includes some of the most Kyoto, our dependence on oil imports The companies included on the 100 successful companies in the country, still looms on the horizon. The share of best list are ones that provide working including the largest advertising firm imports in U.S. oil consumption has mothers with exceptional opportunities in the country, and one of the Nation’s been climbing steadily over the last to contribute to the company’s success, oil companies. What each of these few years, and the Energy Information and to care for their families. Working seven corporations has shown is that Administration of the Department of Mother Magazine measures companies both companies and children benefit Energy projects that the share could based on five criteria: pay, opportuni- from policies that take not only the reach 75 percent within the next 10–15 ties to advance, child care, flexibility, employee, but her whole family into years. Increased production and use of and other family friendly benefits. account. Working mothers are an im- renewable sources of energy could help The 100 best companies have made a portant asset to the Nation’s employ- to stem that tide, and reduce our need commitment to strengthening families ers. Strong families are an important to rely on energy sourced in large part and communities. At the same time, asset to us all. from a politically unstable region of these companies are strengthening I urge my colleagues to read this the world. their bottom line. In order for our Na- month’s issue of Working Mother Mag- During this session of Congress, we tion to remain globally competitive in azine so that we can learn from indus- can begin to respond to these events in the 21st century, we must utilize all of try leaders—we all benefit from poli- at least one concrete way, by passing the talents of all of our people. Work- cies that support working families.∑ into law the proposed extension of the ing mothers have talents and abilities f ethanol tax credit to the year 2007. I our country cannot afford to be with- urge my colleagues to seize this oppor- THE IMPORTANCE OF RENEWABLE tunity now to show our confidence in out. The 100 best companies are uti- FUELS lizing creative, effective solutions to agriculture’s ability to make a positive ∑ the problems working mothers face as Mr. HARKIN. Mr. President, just this contribution in these areas by pro- they try to balance career and family week, we in the U.S. Senate have been ducing renewable energy for American ∑ concerns. By doing so, these companies confronted with two strong reminders consumers to use. profit as mothers are able to focus of the importance of renewable fuels to f this country. This emerging industry, more energy and attention on their MEASURE READ THE FIRST work. potentially lucrative for American farmers and agribusiness, can help TIME—SENATE JOINT RESOLU- Making jobs work for women and TION 37 their families is what these companies solve two key problems that we face: Mr. LOTT. Mr. President, I under- are all about. I am especially proud the impact of greenhouse gases on the stand that Senate Joint Resolution 37, that 7 of the companies on the 100 best global climate, and the growing de- which was introduced earlier today by list are based in my home State of Illi- pendency of the American economy on Senator JEFFORDS, is at the desk, and I nois. Each of the Illinois companies has the import of foreign petroleum prod- ask for its first reading. taken steps to recognize the talents of ucts. The PRESIDING OFFICER (Mr. working mothers, and to help them On Wednesday, President Clinton, an- FRIST). The clerk will read the joint help their families. Among other ac- nounced the U.S. position with respect to the climate change treaty to be ne- resolution for the first time by title. complishments, The assistant legislative clerk read Allstate Insurance Co. recently gotiated in Kyoto in December. Under as follows. opened a $3 million child care center in his instructions, American negotiators A joint resolution (S.J. Res. 37) to provide Northbrook, IL, that not only provides will seek to fashion an agreement that will commit, on an equitable basis, the for the extension of a temporary prohibition child care at the company’s head- of strikes or lockout and to provide for bind- quarters, but also offers full day kin- nations of the world to reducing emis- ing arbitration with respect to the labor dis- dergarten and holiday, vacation, and sions of greenhouse gases over the next pute between Amtrak and certain of its em- backup care; several decades. If implemented, our ployees. Amoco Corp. provides elder and child ability to meet such goals will depend Mr. LOTT. I now ask for its second care referral services that were used by greatly on the development and adop- reading and would object to my own re- over 6,000 employees last year, and pro- tion of new technologies which are quest on behalf of the other side of the vides reimbursements for child care ex- more energy efficient. The President’s aisle. penses accrued due to travel or over- proposal to provide tax incentives for The PRESIDING OFFICER. Objec- time; more energy efficient technology tion is heard. Leo Burnett Co., Inc., continues to should be important in spurring such f promote working mothers to executive development efforts. Renewable fuel positions. Today, the president and the technologies, especially those derived MEASURE READ THE FIRST chief creative officer are women; from agricultural products, will be a TIME—H.R. 2646 Fel-Pro, Inc., offers family friendly crucial component of such activities. Mr. LOTT. Mr. President, I under- programs ranging from an 8-week sum- Many forms, such as the energy that stand that H.R. 2646 has arrived from

VerDate Mar 15 2010 22:23 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S24OC7.REC S24OC7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY October 24, 1997 CONGRESSIONAL RECORD — SENATE S11213 the House, and I ask for its first read- serve Board nominees. We may still AFTER SHE TAKES OFFICE, VICE LAWRENCE A. WRIGHT, RETIRED. ing. give some additional time to consider- IN THE AIR FORCE The PRESIDING OFFICER. The ation of the pending highway bill. It is THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT clerk will read the bill for the first our intent to have the Interior appro- IN THE U.S. AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- time by title. priations conference report voted on SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- The assistant legislative clerk read following the vote on Judge Marbley at TION 601: as follows. 5 o’clock. Also, the Senate could be To be general A bill (H.R. 2646) to amend the Internal asked to consider Amtrak reform legis- LT. GEN. JOHN P. JUMPER, 0000. Revenue Code of 1986 to allow tax-free ex- lation in conjunction with the strike THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT IN THE U.S. AIR FORCE TO THE GRADE INDICATED WHILE penditures from education individual retire- legislation. ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- ment accounts for elementary and secondary Under a previous order, at 5 o’clock, SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- school expenses, to increase the maximum we will conduct the one rollcall vote on TION 601: To be lieutenant general annual amount of contributions to such ac- Judge Marbley. Then it could be fol- counts, and for other purposes. LT. GEN. FRANK B. CAMPBELL, 0000. lowed by as many as three other votes, THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT Mr. LOTT. I now ask for its second and we will have to determine that IN THE U.S. AIR FORCE TO THE GRADE INDICATED WHILE reading and object to my own request ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- during the day Monday. But a min- SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- on behalf of the other side of the aisle, imum of one and possibly a maximum TION 601: Mr. President. of five votes. To be lieutenant general The PRESIDING OFFICER. Objec- Another cloture motion was filed MAJ. GEN. DAVID W. MCILVOY, 0000. tion is heard. today, of course, on the highway bill, THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT f IN THE U.S. AIR FORCE TO THE GRADE INDICATED WHILE and that vote would occur on Tuesday. ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- DAVID B. CHAMPAGNE POST f SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- OFFICE BUILDING TION 601: DISAPPROVING PRESIDENT’S VETO To be lieutenant general Mr. LOTT. Mr. President, I ask unan- OF CERTAIN PROJECTS IN THE MAJ. GEN. LANSFORD E. TRAPP, JR., 0000. imous consent that the Senate proceed MILITARY CONSTRUCTION AP- THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT to the immediate consideration of H.R. PROPRIATIONS ACT IN THE U.S. AIR FORCE TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- 2013. Mr. BYRD. Mr. President, before the SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- The PRESIDING OFFICER. The distinguished majority leader yields TION 601: clerk will report. the floor, will he allow me to inquire, To be lieutenant general The assistant legislative clerk read is he in a position to say when the Sen- LT. GEN. DAVID J. MCCLOUD, 0000. as follows. ate will take up the resolution reported THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT IN THE U.S. AIR FORCE TO THE GRADE INDICATED WHILE A bill (H.R. 2013) to designate the facility from the Senate Appropriations Com- ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- of the United States Postal Service located mittee on yesterday disapproving the SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- TION 601: at 551 Kingstown Road in South Kingstown, acts of the President in vetoing certain To be lieutenant general RI, as the ‘‘David B. Champagne Post Office projects in the fiscal year 1998 Military Building.’’ LT. GEN. PATRICK K. GAMBLE, 0000. Construction Appropriations Act? IN THE ARMY The PRESIDING OFFICER. Is there Mr. LOTT. Mr. President, if I could THE FOLLOWING ARMY NATIONAL GUARD OF THE U.S. objection to the immediate consider- respond to the distinguished Senator OFFICER FOR APPOINTMENT IN THE RESERVE OF THE ation of the bill? ARMY TO THE GRADE INDICATED UNDER TITLE 10, from West Virginia, I would need to UNITED STATES CODE, SECTION 12203: There being no objection, the Senate consult further with Senator STEVENS, To be brigadier general proceeded to consider the bill. the chairman of the Appropriations COL. HOWARD L. GOODWIN, 0000. Mr. LOTT. Mr. President, I ask unan- Committee, and the Senator from West THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT imous consent that the bill be read Virginia. But if they would agree, I IN THE RESERVE OF THE ARMY TO THE GRADES INDI- CATED UNDER TITLE 10, UNITED STATES CODE, SECTION three times, passed, the motion to re- think we should look for a time on 12203: consider be laid upon the table, and Tuesday or Wednesday to take that To be major general that any statements relating thereto matter up, because we are not sure ex- BRIG. GEN. DAVID R. BOCKEL, 0000. appear at the appropriate place in the actly what will be our final days in ses- BRIG. GEN. JAMES G. BROWDER, JR., 0000. BRIG. GEN. MELVIN R. JOHNSON, 0000. RECORD as if read. sion this year but it could be just the BRIG. GEN. J. CRAIG LARSON, 0000. The PRESIDING OFFICER. Without next 2 weeks. So I would like to go BRIG. GEN. RODNEY D. RUDDOCK, 0000. objection, it is so ordered. ahead and take this up at the earliest To be brigadier general The bill (H.R. 2013) was passed. COL. CELIA L. ADOLPHI, 0000. possible time. COL. DONNA F. BARBISH, 0000. f I yield the floor. COL. EMILE P. BATAILLE, 0000. f COL. JOEL G. BLANCHETTE, 0000. ORDERS FOR MONDAY, OCTOBER COL. GEORGE F. BOWMAN, 0000. 27, 1997 ORDER FOR ADJOURNMENT COL. GARY R. DILALLO, 0000. COL. DOUGLAS O. DOLLAR, 0000. Mr. LOTT. Now, Mr. President I ask Mr. LOTT. Mr. President, if there is COL. RUSSELL A. EGGERS, 0000. unanimous consent that when the Sen- no further business to come before the COL. SAM E. GIBSON, 0000. COL. FRED S. HADDAD, 0000. ate completes its business today, it Senate, I ask unanimous consent that COL. KAROL A. KENNEDY, 0000. stand in adjournment until the hour of the Senate stand in adjournment under COL. DENNIS E. KLEIN, 0000. COL. DUANE L. MAY, 0000. 12 noon on Monday, October 27. I fur- the previous order. COL. ROBERT S. SILVERTHORN, JR., 0000. ther ask that on Monday, immediately There being no objection, the Senate, IN THE NAVY following the prayer, the routine re- at 2:08 p.m., adjourned until Monday, THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT October 27, 1997, at 12 noon. IN THE U.S. NAVY TO THE GRADE INDICATED WHILE AS- quests through the morning hour be SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- granted and there then be a period of f BILITY UNDER TITLE 10, UNITED STATES CODE, SECTION morning business until the hour of 1:30 NOMINATIONS 601: p.m. with Senators permitted to speak Executive nominations received by To be vice admiral for up to 10 minutes each with the ex- the Senate October 24, 1997: VICE ADM. WILLIAM J. FALLON, 0000. ception of the following: Senator DEPARTMENT OF ENERGY f THOMAS for 30 minutes, Senator FEIN- CURT HEBERT, JR., OF MISSISSIPPI, TO BE A MEMBER WITHDRAWAL OF THE FEDERAL ENERGY REGULATORY COMMISSION STEIN for 30 minutes, and Senator DOR- FOR THE REMAINDER OF THE TERM EXPIRING JUNE 30, Executive message transmitted by GAN for 30 minutes. 1999, VICE ELIZABETH ANNE MOLER. the President to the Senate on October The PRESIDING OFFICER. Without NATIONAL FOUNDATION ON THE ARTS AND THE 24, 1997, withdrawing from further Sen- objection, it is so ordered. HUMANITIES ate consideration the following nomi- f WILLIAM R. FERRIS, OF MISSISSIPPI, TO BE CHAIR- nation: PERSON OF THE NATIONAL ENDOWMENT FOR THE HU- DEPARTMENT OF ENERGY PROGRAM MANITIES FOR A TERM OF FOUR YEARS, VICE SHELDON HACKNEY, RESIGNED. CURT HERBERT, JR., OF MISSISSIPPI, TO BE A MEMBER Mr. LOTT. As I just indicated, on THE JUDICIARY OF THE FEDERAL ENERGY REGULATORY COMMISSION Monday I hope the Senate will be able FOR THE REMAINDER OF THE TERM EXPIRING JUNE 30, L. PAIGE MARVEL, OF MARYLAND, TO BE A JUDGE OF 1999, VICE ELIZABETH ANNE MOLER, WHICH WAS SENT TO to take final action on the Federal Re- THE U.S. TAX COURT FOR A TERM OF FIFTEEN YEARS THE SENATE ON OCTOBER 23, 1997.

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TRIBUTE TO MICHAEL VECCHIO fited from her leadership role in education. It Lutjeharms said Campbell worked to en- is no surprise that Nebraska Governor E. Ben- sure that education efforts were always di- jamin Nelson ordered State flags to fly at half- rected toward kids. ‘‘She was the grand lady HON. MICHAEL PAPPAS of education in Nebraska.’’ OF NEW JERSEY mast as a final tribute to Dr. Anne Campbell. The following article from the October 20, f IN THE HOUSE OF REPRESENTATIVES 1997, Lincoln Journal Star lists her numerous TRIBUTE TO DR. ROBERT JACKSON Thursday, October 23, 1997 accomplishments and career highlights. Mr. PAPPAS. Mr. Speaker, I rise today to [From the Lincoln Journal Star, Oct. 20, HON. MARCY KAPTUR commend the efforts of Michael Vecchio and 1997] OF OHIO his crusade to bring an all war monument to NEBRASKA’S ‘‘GRAND LADY OF EDUCATION’’ IN THE HOUSE OF REPRESENTATIVES Flemington, NJ. Currently on the main street DEAD AT 79 of Flemington, there exists a Civil War monu- (By J. Christopher Hain) Thursday, October 23, 1997 ment. Dedicated 107 years ago, the monu- One of the pillars of Nebraska education, Ms. KAPTUR. Mr. Speaker, I rise today to ment honors Flemington's Civil War dead. M. Anne Campbell, Ph.D., died in Lincoln recall the life of Dr. Robert Jackson of Toledo, However, Mr. Vecchio, a naval officer during Saturday at the age of 79. OH, a rare and outstanding citizen, a man of the Vietnam war, noticed that Flemington Campbell was a former Nebraska commis- letters. In special tribute to his life and work, needed a monument dedicated to those resi- sioner of education and is the namesake of he will be remembered in a memorial service dents of Flemington who died in service of Campbell Elementary School at North 21st in Toledo on September 6, 1997. Our dear and Superior streets in Lincoln. their country in the other great conflicts of this She had been suffering from colon cancer friend, Bob, died to this life on July 30, 1997 century. and had been in and out of the hospital sev- at age 88. Mr. Vecchio, chairman of the Hunterdon eral times since April, said her husband Bob Jackson was a generous and gifted County Veterans Memorial Committee, pro- Leonard Campbell. human being, a genuine brother to us all, a posed an upgrade to the already existing Civil Former U.S. Sen. J. James Exon, who was confidante, a soulmate. He relished being a War monument, adding a stone walkway and governor of Nebraska when Campbell became trusted political advisor to many including my- a granite wall around the statue. His efforts state commissioner of education, said ‘‘the self. He understood that community involve- educational systems in Nebraska have lost ment requires commitment. Perhaps it was have paid off. Dedication ceremonies for the an outstanding and stellar person.’’ new monument took place on Sunday, Sep- ‘‘People instinctively liked her and her ap- this sense of civic responsibility which prompt- tember 14. proach to education,’’ Exon said. ‘‘You could ed himÐat age 85Ðto be the precinct captain Mr. Vecchio, like many of us, realizes the sense her dedication to the cause of edu- for his neighborhood and work hard to get out importance of remembering fallen patriots from cation.’’ the vote. He loved politics and he loved being past conflicts. The Korean Memorial, which re- Campbell began her career as Madison a Democrat. He pondered the endless possi- cently opened in Washington, shows our Na- County superintendent of schools from 1955 bilities presented to each of us as Americans. tion's ongoing commitment to remembering to 1963. During that time, she earned a mas- He mused always with piercing humor about ter’s degree from Wayne State College. She our body politics, its greatness and its foibles. our veterans. Also, through efforts like Mr. worked for two years as director of profes- Vecchio's, we will never forget those still lost sional services and lobbyist for the Nebraska A voracious reader and devoted educator, as POW/MIA's. State Education Association. Bob Jackson was elected to the Toledo Board Again, I would like to congratulate Mike In 1965, she began work as an administra- of Education and had retired from the mathe- Vecchio for his campaign to help us remember tive assistant for government services at matics department of the University of Toledo. our war heroes and thank him for his selfless Lincoln Public Schools. Her duties included An Arkansas native, Bob graduated from the commitment to veterans across our Nation. lobbying the Legislature and seeking and ad- University of Oregon, was a Rhodes Scholar ministering federal funds. During her time at f at Oxford University, and earned his Ph.D. in LPS, she worked behind the scenes on devel- mathematics from Harvard University. A com- opment of Nebraska’s educational service TRIBUTE TO THE LATE DR. ANNE plicated man with a boundless sense of CAMPBELL unit system and the state’s technical com- munity colleges. humor, he also was a retired naval officer In 1969, she received a doctoral degree from along with being a proud member of the HON. DOUG BEREUTER the University of Nebraska. She worked for ACLU. While his education and social position OF NEBRASKA two years as director of public affairs for the could have taken him to elite surroundings, he university. IN THE HOUSE OF REPRESENTATIVES used his considerable talent to teach youth at In 1974, Campbell became state commis- Scott High School in Toledo. Thursday, October 23, 1997 sioner of education. During her tenure, she Bob and his wife, Agnes, together pursued served as an influential member of the Na- Mr. BEREUTER. Mr. Speaker, on Saturday, tional Commission on Excellence in Edu- commitments to causes dear to their hearts, October 18, Nebraska lost a great education cation. The commission’s landmark report, especially to help those whose voices in the leader when Dr. Anne Campbell passed away. ‘‘A Nation At Risk,’’ helped to focus the na- public weal were weak. They advocated on There certainly is no need to exaggerate tion’s attention on the condition of its behalf of family planning initiatives for which about the tremendous accomplishments of Dr. schools. She retired in 1982. they labored in order that mothers and fathers Campbell in the field of education or about the She was former national president of the and children would have a better chance at wonderful person she was. Her leadership on PTA and former president of the Council of successful family life, childhood, and adult- education matters will have a very positive Chief State School Officers, the American hood. Even after Agnes' passing, Bob carried Association of University Women and the and lasting effect on countless Nebraskans Easter Seal Society of Nebraska. on their work. In poignant tribute to his wife, and indeed people throughout our Nation. Her Campbell served as chairman of the Gov- Bob created a living testament to her while at legacy is the kind that enriches our civilization. ernor’s Committee on the status of Women. the same time dedicating himself to their mu- This Member frequently called upon Dr. She was a member of the Committee that se- tual love of nature and of neighborhood: he Campbell over the years for her advice on lected teacher Christa McAuliffe as the first created the Agnes Reynolds Jackson Arbore- education and in choosing among applicants private citizen to ride in a space shuttle. tum, a truly splendid yet tranquil garden set- for our service academies. If sound and far- Joe Lutjeharms, who worked under Camp- ting adjacent to what was their home in an sighted advice on educational issues was bell and succeeded her as commissioner of area of grand old homes in the central city. education, said it was her kindness that needed, this Member thought first of Dr. made her a successful educator. The arboretum is a place to find true beauty Campbell. She will be sorely missed by the ‘‘She was a very, very great people per- and peace, and now stands as a most fitting great number of us who had the good fortune son,’’ he said. ‘‘When you win friends, you in- memorial to both Agnes and Bob, their love to have her friendship and by all who bene- fluence people.’’ for each other and their lives of service.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E2074 CONGRESSIONAL RECORD — Extensions of Remarks October 24, 1997 When his friends and family gather to me- HAPPY 60TH ANNIVERSARY ST. PRIVATE PROPERTY RIGHTS morialize Bob JacksonÐand remember Agnes DEMETRIOS GREEK ORTHODOX IMPLEMENTATION ACT OF 1997 as wellÐwe will do so in that arboretum. As CHURCH we share stories and remembrances, together SPEECH OF we will recall and enjoy the legacies left by HON. RICHARD W. POMBO two who lived spirited lives dedicated to oth- HON. JAMES A. BARCIA OF CALIFORNIA ers. How we will miss him as we miss her and OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES know we are privileged to have considered them friends. IN THE HOUSE OF REPRESENTATIVES Wednesday, October 22, 1997 f Thursday, October 23, 1997 The House in Committee of the Whole JITCH WALSH TRIBUTE IN House on the State of the Union had under CAYUGA COUNTY Mr. BARCIA. Mr. Speaker, any student of consideration the bill (H.R. 1534) to simplify history knows that one of the strongest nations and expedite access to the Federal courts for injured parties whose rights and privileges, HON. JAMES T. WALSH to offer leadership to the world in the develop- secured by the U.S. Constitution, have been OF NEW YORK ment of civilization, culture, philosophy, and deprived by final actions of Federal agencies, IN THE HOUSE OF REPRESENTATIVES science is the nation of Greece. And it is or other Government officials or entities act- equally no secret to any student to religion ing under color of State law; to prevent Fed- Thursday, October 23, 1997 eral courts from abstaining from exercising Mr. WALSH. Mr. Speaker, I want to pay trib- that one of the strongest faiths known to us is Federal jurisdiction in actions where no ute today to a family with the same last name that offered by the Greek Orthodox Church. State law claim is alleged; to permit certifi- as mine, though I am not directly related and This Saturday, the Greek Orthodox Church, cation of unsettled State law questions that cannot claim to know firsthand the entire his- St. Demetrios, in Saginaw, MI, is celebrating are essential to resolving Federal claims tory of their local fame. I, like many central its 60th anniversary of providing a place of arising under the Constitution; and to clar- ify when Government action is sufficiently New Yorkers in the Auburn and Cayuga Coun- worship, solitude, and support for its many final to ripen certain Federal claims arising ty area, know the Walsh family of which I members. under the Constitution: speak because of Mr. Thomas ``Jitch'' Walsh. On October 7, 1997, Jitch Walsh Day was Just as the structures of ancient Greece Mr. POMBO. Mr. Chairman, I rise in support held at the original site of the family hot dog provide us today with a moving reminder of of H.R. 1534 and compliment my colleague, stand in Emerson Park on Owasco Lake. Au- the strength of that great era, St. Demetrios Mr. GALLEGLY, on bringing this long overdue burn, for those who do not know, is blessed church provides a guidepost for its parishion- legislation to the floor today. H.R. 1534 will by its location in the Finger Lakes, close to ers, including many of Greek heritage. For greatly increase the ability of landowners in several of the lakes and accustomed to these nearly 100 years people of Greek descent this country to protect their basic civil and con- lakes for summertime leisure activities. It was have been an important part of the Saginaw stitutional rights. The fifth amendment of the at this hot dog stand, Jitch's and his wife community. Since the mid 1920's, there have U.S. Constitution guarantees that no private property shall be taken for a public use with- Ellie's stand, that at 1940's-era generation of been services in the Greek Orthodox faith out the payment of just compensation. We Cayuga County residents watched softball within the community. The growing population games, went to carnivals and otherwise wiled have seen an increasing disregard by various in the area resulted in the founding of St. levels of government for this fundamental civil away the hot and humid mid-year months. Demetrios Greek Orthodox church in 1937, Jitch's unusual nickname, by the way, is a right. with Rev. George Stathis as the first estab- childhood moniker which has stuck over all As chairman of the ESA Task Force of the lished priest. these years. When friends and elders are Committee on Resources in the 104th Con- nicknamed ``Hip 'O Hay,'' ``Joker'' and The many activities throughout the history of gress, I held hearings around the country on ``Pearshape,'' something like ``Jitch'' didn't the church are a wonderful lesson in faith and how the Endangered Species Act has im- sound so odd. culture. A Greek language school was held in pacted private property owners. The task force One of Jitch's nephews is John Walsh, who Saginaw and Bay City for many years. Young found that our Government often declares pri- vate property to be habitat for various species, stars on the television show ``America's Most men visited Greece, and returned to St. with little if any concern about how that im- Wanted.'' Jitch's and Ellie's own son, Demetrios with their brides. A Greek war relief Thommie, is a very successful choreographer pacts the legal right of the landowners. We fund was established, with the grade school tried to address this problem by setting up a and director who has won three Tony awards. children dressing in native Greek costumes to Their daughter, Barbara, is a banker in Syra- system of administrative appeals and arbitra- help solicit contributions to help families in cuse. But the fame of the Walsh clan in Au- tion to insure that landowners are promptly burn centers more on Jitch's father, T.J., ``the Greece who were ravaged by World War II. and fairly compensated when the needs of mayor of Market Street'' and his mother Loret- A wonderfully detailed history of the church wildlife are placed above the needs of individ- ta. Not to mention their connection to Ellie's reports of the many proud moments of its his- ual landowners. The response by the Govern- father, Ross Cosentino, and her mother Rose. tory, its growth, its concerns, and its chal- ment and environmental groups was that we The nickname comes from the word ``jits,'' lenges. The church was destroyed by fire and should simply let the courts resolve these which in Italian slang is said to mean some- rebuilt in 1950. A new church was built in problems. The Environmental Defense Fund, the Na- one who borrows small change constantly, as 1969. A classroom wing for Sunday school tional Audubon Society, the National Wildlife Jitch did when he was a young teen who and Greek school was dedicated in 1982. The wanted to buy a bag of peanuts at the softball Federation, the Natural Resources Defense Hellenic center was built in 1991. And through games at the Y-Field. When he and his wife Council, the Sierra Club. These are the groups each of these efforts, the most important com- Ellie open their hot dog stand in the park in leading the opposition to H.R. 1534. Have any 1952, it naturally became Jitch's StandÐand a ponent of St. DemetriosÐits dedicated and of these groups ever professed their faith in local legend was born. supportive membersÐwas the key to its con- the abilities of local officials to make land use As a gathering place, Jitch's Stand was a tinued success and endurance. The women of decisions? No. In fact, they have always taken sensation, selling over 2,000 pounds of hog the church have seen their role elevated from the exact opposite position, that Federal envi- dogs a week. The popularity of the spot, and individuals of support and devotion to that of ronmental programs like the Endangered Spe- the spirit of local customers, is evidenced by leadership with three women becoming mem- cies Act, the Clean Water Act, and Superfund the reunions. In 1980 Jitch Reunion Days bers of the parish council in 1995ÐSoula have to be run in Washington. In their eyes, drew 700 people; in 1986, more than 1,000. Economou, president; Mary Kookootsedes, local officials are not capable of protecting the And of course this year's Jitch Walsh Day secretary, and Elaine Rapanos, treasurer. health and environment of the areas they rep- was a huge success as well. In my family we resent. respect family traditionÐas does the Walsh Mr. Speaker, as this place of holiness cele- Why the sudden change of heart? Why are family in Auburn. I am very proud to be able brates its 60th anniversary, I invite you and all these environmental groups and their support- to express these sentiments today, and thank of our colleagues to join me in wishing Rev. ers in Congress now posing as champions of my colleagues for joining me in recognizing Mark Emroll, the pastor, and all members of States' rights and local decision-making? Be- this important social milestone for many of my St. Demetrios, a very happy anniversary, with cause they don't want individual property own- constituents. best wishes for many more to come. ers to have fifth amendment rights protected. October 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2075 The existing system of expensive and time- the IMF will be there to bail them out in the nancial institution that has been in oper- consuming delays serves their purposeÐal- event of a crisis.'' We should add that the IMF ation for more than 50 years, and that served lowing them to control land use without having will be bailing them out with U.S. taxpayers' a pivotal role in the international economy in the period following World War II. It is ob- to consider the right of property owners. money if the conference committee fails to fol- vious, however, that the IMF no longer The Natural Resources Defense Council op- low the sound judgment of the House and re- serves a constructive role in the world econ- poses H.R. 1534 out of fear that it could lead ject any additional IMF funding. omy, and has not done so since the 1970s. We to more Federal lawsuits, burdening the Fed- [From the Wall Street Journal, Oct. 23, 1997] should therefore have the courage to close it eral courts. Since when have they been con- ABOLISH THE IMF down—and the most effective way to accom- plish this goal would be to withdraw U.S. cerned about flooding the courts, except when (By William E. Simon) funding. it is their own right to flood the courts. Who The Clinton administration is asking Con- has abused the Federal court process more A few years ago, such a call to end the IMF gress to approve $3.5 billion in additional would have been attacked on all sides as an than the environmental movement? Why funding this year for the International Mon- extreme and highly controversial rec- should we listen to their pleas to stop property etary Fund. Congress should not only reject ommendation. But today a growing number owners from asserting their constitutional this proposal, but also take the long overdue of respected observers agree that the organi- rights in Federal court when they have spent step of ending all future funding for the IMF. zation is no longer needed. George Shultz, the last 30 years trying to expand their own As a practical matter, the institution cannot the esteemed former secretary of state and access to Federal courts? continue to exist without the participation of the Treasury, has recently called for the of the most powerful nation in the world. By elimination of the IMF. In a 1995 lecture be- The argument is intended to confuse and withdrawing its funding, then, the U.S. can distract from the real issue at handÐthat the fore members of the American Economic As- take a leadership role in putting this out- sociation, Mr. Shultz observed that ‘‘the IMF constitutional rights of property owners across dated organization out of business. has more money than mission.’’ As a con- America are being eroded by expanding land The IMF is ineffective, unnecessary and sequence, he said, we should ‘‘merge this use regulations imposed by all levels of gov- obsolete. It was established after World War outmoded institution with the World Bank, ernment. H.R. 1534 doesn't attack local gov- II, together with the World Bank, to promote and create a charter for the new organiza- ernmentÐthey are already required to follow trade and development in an international tion that encourages emphasis on private economy that had been torn apart by two the Constitution. contributions to economic development.’’ decades of depression and war. In the system This would make a great deal of practical H.R. 1534 is a procedural billÐit simply of fixed exchange rates established by the helps people with Federal claims that are al- sense. Bretton Woods agreements, the IMF’s pur- The House and Senate now have a golden ready in Federal court to get a hearing on the pose was to provide short-term loans to opportunity to force the long overdue elimi- facts of their case without having to wait 10 countries experiencing temporary problems nation of the IMF. There is no longer any years for the privilege. Opponents of H.R. with their balances of payments. This was an reason to burden taxpayers with the ex- 1534 like the obstacles and hurdles that keep important function during the period follow- penses of this outdated institution. people from having access to courts to defend ing the war, and the IMF generally per- formed it quite well. f their fifth amendment rights because they But this function became obsolete in the know if the delay is long enough, the small early 1970’s when the world abandoned the INTRODUCING LEGISLATION FOR property owners cannot afford to fight them Bretton Woods system in favor of the cur- THE CONGRESSIONAL GOLD anymore. This is wrong. Vote for H.R. 1534 rent system, in which currency values are MEDAL FOR WILMA G. RUDOLPH and support the rights of property owners. Ev- set by the market. Instead of going out of eryone should be treated equally under the business as that new system matured, the HON. CAROLYN C. KILPATRICK bureaucrats at the IMF invented a new func- Constitution, even property owners. OF MICHIGAN tion for themselves—namely, to provide so- f called structural adjustment loans to coun- IN THE HOUSE OF REPRESENTATIVES ABOLISH THE IMF tries that are, for various reasons, deeply in Thursday, October 23, 1997 debt. These loans are granted on the condi- Ms. KILPATRICK. Mr. Speaker, I rise today tion that the recipient countries take steps HON. RON PAUL to reduce their debt, often by increasing to proudly introduce a bill that will confer a OF TEXAS taxes and reducing government spending. Congressional Gold Medal to Wilma G. Ru- IN THE HOUSE OF REPRESENTATIVES This mission, of course, was never con- dolph. I was honored and proud to chair a templated in the IMF’s original charter; in- hearing yesterday, organized by the Congres- Thursday, October 23, 1997 deed, these structural adjustment loans look sional Caucus for Women's Issues, on the Mr. PAUL. Mr. Speaker, it has recently very much like the development loans that 25th Anniversary of Title IX. Title IX provides come to my attention that William E. Simon are supposedly under the purview of the for the equal funding of educational and ath- World Bank. has publicly called for the Congress to reject Many critics of the IMF point out that letic programs, and has provided for much of the Clinton proposal to approve $3.5 billion in these loans have been quite ineffective in the breakthrough for women and girls in aca- new funding for the International Monetary preventing currency crises and in promoting demics and athletics. I can think of no better Fund (IMF). He points out that the IMF was stable economic growth in developing coun- person, male or female, who better embodies established over 50 years ago as an institution tries. Quite the contrary, as these critics the spirit of Title IX than Wilma Rudolph. As to maintain the Bretton Woods system of sta- say, the IMF may actually promote crises, a matter of fact, the date of Title IX's enact- ble exchange rates that the world rejected in because governments often resist sound eco- ment into lawÐJune 23Ðis Wilma Rudolph's the early 1970's. The IMF has a poor track nomic and financial policies (which may be date of birth. We explored where we were, unpopular) because they know that the IMF record. ``All of the major currency and banking will be there to bail them out in the event of where we are, and where we need to go re- crises of the last five years have occurred a crisis. As Gregory Fossedal, a leading ex- garding Title IX at yesterday's hearing of the under conditions of heightened surveillance by pert on the IMF, has pointed out, ‘‘All of the Congressional Caucus of Women's issues. the IMF,'' according to Gregory Fossedal, a major currency and banking crises of the However, this conversation would be moot if leading expert on the subject. George Schultz, last five years have occurred under condi- not for the stellar achievements and contribu- the former Secretary of State and of the tions of heightened surveillance by the tions to academics, business, and athletics, of Treasury, has also called for the IMF's elimi- IMF.’’ These include the crises in Mexico in Wilma Rudolph. nation. Wisely, the House of Representatives 1994, in Africa in 1995 and in Thailand, Korea Wilma G. Rudolph, born the 20th of 22 chil- and Malaysia in 1997. The IMF, with the help dren, was initially never given a chance to did not include any new appropriation for the of the U.S., has now bailed Mexico out four IMF. It is hoped that the conference committee times since 1976, and it will no doubt do so walk or resume a ``normal'' life. Through the will act as prudently. again and again unless the IMF is put out of hard work of her parents, she overcame scar- Mr. Simon, the former Secretary of the business once and for all. let fever, polio and pneumonia to become an Treasury and the current president of the Olin Because the IMF has no legitimate func- athletic pioneer and champion in her home Foundation, authored in today's issue of the tion in our present system of floating ex- State of Tennessee in basketball and track. As Wall Street Journal an incisive article on the change rates, we can eliminate it, and safely a high school athlete, Wilma Rudolph once subject that I would like to include in the rely on private institutions, operating in the scored 49 points in a single game for Burt context of a free market, to provide liquidity RECORD. This article clearly explains why the and capital for developing nations, just as High school in Clarksville, TN, a record that IMF ``may actually promote crises, because they do for the industrial nations. still stands for the most points scored in a sin- governments often resist sound economic and As a former secretary of the Treasury, I do gle game in the State of Tennessee. In her financial policies * * * because they know that not lightly call for the elimination of a fi- first major track meet, the national Amateur E2076 CONGRESSIONAL RECORD — Extensions of Remarks October 24, 1997 Athletic Union championships in 1956, Wilma I ask that a letter from our outstanding DEA Washington Street Church of God parishion- placed first in the 300 yard dash, second in Administrator Tom Constantine to me on the ers, will take place form October 26, 1997 to the 100 yard dash, and fourth in the 75 yard historical background and importance of Red November 2, 1997. The celebration will in- dash. Despite suffering from a severe ankle Ribbon Week be included in the RECORD. I am clude a program of revival ministers through- sprain, she was the first woman to win not also providing to both cloakrooms red ribbon out the week, who will offer remarks on Pastor one, but three gold medals in a single Olym- lapel pins that Members can wear in the days Anderson's distinguished career. The festivi- piad. Her gold medals were in the 100 meter ahead to help promote this worthy effort to ties will conclude with a banquet at Marquette dash, the 200 meter dash, and the 400 meter prevent the spread of drugs, especially among Park Pavilion in Gary, IN, on Sunday, Novem- relay at the 1960 Olympics. our youth. ber 2, 1997. Wilma Rudolph was not one, however, to U.S. DEPARTMENT OF JUSTICE, Pastor Anderson received his calling in rest upon the laurels that the celebrity of win- DRUG ENFORCEMENT ADMINISTRATION, 1947, upon returning to Gary, IN, from his ning Olympic gold medals brought to her. Washington, DC, October 22, 1997. service with the U.S. Army. During a revival Upon her return to Clarksville, TN, in 1960 Hon. BENJAMIN A. GILMAN, meeting, without hesitation, he accepted his Wilma Rudolph demanded, and received, the U.S. House of Representatives, summons with a resolute commitment to fulfill first integrated parade in the city of Clarksville. Washington, DC. and carry out his mission to preach. Although She continued her education, graduating from DEAR CONGRESSMAN GILMAN: October 23, Pastor Anderson had initially planned to attend 1997, marks the beginning of Red Ribbon Tennessee State University. She became a Week. As you know, the red ribbon became a college and pursue a medical career, he fully successful businessperson, coach, teacher, symbol of the fight against drugs after Drug embraced his new challenges as a spiritual and mother. The effort and example of Wilma Enforcement Administration (DEA) Special healer and guide. His first pastorship was in Rudolph helped to blaze the trail that resulted Agent Enrique ‘‘Kiki’’ Camarena was kid- Muncie, IN, where he remained for over a in Title IX today. The opportunities of Title IX napped, tortured and murdered in Mexico in year. In 1957, Pastor Anderson was selected has allowed for lucrative careers in business 1985. The ribbon was first worn in memory of as pastor of the Washington Street Church of for women, and the opportunity for women to Special Agent Camarena, and later evolved God, where he has faithfully served in this ca- enjoy, like men, to be able to afford the life as into a nationwide drug awareness campaign. pacity since then. Throughout his career, Pas- a professional athlete. Although Wilma Ru- DEA Headquarters was honored to have Andrea Mazzenga, a student at Clarkstown tor Anderson has demonstrated his commit- dolph passed away on November 12, 1994, South High School in Nanuet, New York, ment to being an effective and instrumental her legacy continues to inspire men and perform at our Red Ribbon Kick-Off Rally. leader through his diligent pursuit of a greater women, able-bodied and physically chal- Andrea sang ‘‘Hands Across the Universe,’’ a understanding of scripture and the ministry. lenged, to overcome odds. Her life truly em- song composed by another Nanuet resident, Over the years, Pastor Anderson attended bodies the American values of hard work, de- Jordan Spivak. The song extolled the virtues such institutions as Anderson College and An- termination, and love of humanity. I am hon- of being drug-free. derson College Seminary in Anderson, IN, and The DEA would greatly appreciate it, Con- ored that so many of my colleagues, through the Moody Bible Institute in Chicago, IL. their co-sponsorship of this bill, recognize the gressman Gilman, if you would submit a statement into the Congressional Record Over the years, Pastor Anderson has made broad talents and contributions of my heroine about the fact that October 23 to 30, 1997, is numerous contributions to his congregation, as and friend, Wilma G. Rudolph. National Red Ribbon Week. The DEA urges well as to the surrounding community. Per- Original co-sponsors of the bill are Rep- everyone to wear a red ribbon in support of haps his most noteworthy accomplishment resentatives ROD BLAGOJEVICH, EARL a drug-free nation. In 1986, 80 million chil- was his founding of a homeless shelter in BLUMENAUER, Minority Whip DAVID BONIOR, dren in all 50 states celebrated Red Ribbon 1984. Pastor Anderson led the Washington WALTER H. CAPPS, JULIA CARSON, DONNA Week and made the choice to be drug-free. Street Church of God congregation in under- CHRISTIAN-GREEN, BOB CLEMENT, JAMES E. We have enclosed approximately 450 red taking the challenging task of renovating a ribbon lapel pins for you to distribute on the CLYBURN, JOHN CONYERS, Jr., DANNY K. DAVIS, church-owned building into the Brother's ROSA DELAURO, RONALD V. DELLUMS, ENI F.H. House floor. The people of the United States look up to their Congressional leaders. We Keeper Homeless Shelter. Had it not been for FALEOMAVAEGA, BOB FILNER, HAROLD E. FORD, believe that if members of Congress were to Pastor Anderson's leadership and ambition, Jr., BARNEY FRANK, MARTIN FROST, BART GOR- wear red ribbons, it would inspire the nation many individuals in the city of Gary would be DON, EARL F. HILLIARD, JESSE L. JACKSON, Jr., to reflect on the sacrifices that agents such left without lodging over an extended period of SHEILA JACKSON-LEE, ZOE LOFGREN, WILLIAM as Kiki Camarena have made and also to time. Pastor Anderson has also devoted much L. JENKINS, EDDIE BERNICE JOHNSON, TOM concentrate on making the positive choice of his time to assisting various church-affiliated LANTOS, CYNTHIA MCKINNEY, CARRIE MEEK, to be drug-free. organizations. For 13 years, he served as a ROBERT MENENDEZ, JUANITA MILLENDER- The DEA appreciates all the support you have given our agency and the drug effort member of the missionary board of the Church MCDONALD, PATSY T. MINK, JAMES L. OBER- throughout your career. We hope we can of God in Anderson, IN. He was also a mem- STAR, GLENN POSHARD, LYNN RIVERS, BOBBY count on you to introduce Red Ribbon Week ber of the Interfaith Clergy Council of Gary RUSH, MAX SANDLIN, DEBBIE STABENOW, into the Congressional Record. If you need and vicinity, and the credentials and ordination FORTNEY PETE STARK, BENNIE G. THOMPSON, more information about Red Ribbon Week, committee in Indianapolis, IN. Pastor Ander- MAXINE WATERS, J.C. WATTS, LYNN C. WOOL- feel free to call Robert D. Dey, Chief of son is also the former dean of the Sunday SEY, and ALBERT R. WYNN. DEA’s Demand Reduction Section, at 202– School Superintendents and Teachers Council f 307–7936. Thank you again for all your support of Gary, and for 10 years, he was treasurer of RED RIBBON DRUG AWARENESS throughout the years. the General Ministerial Assembly of the Na- WEEK, OCTOBER 23–30, 1997 Sincerely, tional Association of the Church of God in THOMAS A. CONSTANTINE, West Middlesex, PA. Administrator. Pastor Anderson's retirement and anniver- HON. BENJAMIN A. GILMAN sary is of special importance to the Washing- OF NEW YORK f ton Street Church of God family, as the occa- IN THE HOUSE OF REPRESENTATIVES COMMENDING PASTOR JAMES AN- sion serves as a unique opportunity to cele- Thursday, October 23, 1997 DERSON ON HIS RETIREMENT brate the valiant leadership, commitment, and Mr. GILMAN. Mr. Speaker, today marks the AND 39TH ANNIVERSARY AS A selflessness that have characterized his serv- beginning of Red Ribbon Week, an important PASTOR ice to the congregation and to the community drug awareness effort in our Nation to ensure at-large. During this special time, the con- that we do not lose generation after genera- HON. PETER J. VISCLOSKY gregation will remember Pastor Anderson's tion to the scourge of illicit drugs. OF INDIANA steadfast will and determination to complete To those of us long familiar with the struggle IN THE HOUSE OF REPRESENTATIVES his mission, which motivated him to success- against illicit drugs, Red Ribbon Week has a fully recover from a severe stroke in 1988. Thursday, October 23, 1997 special meaning. It grew out of the gruesome Above all, Pastor Anderson will be remem- murder of a courageous and dedicated DEA Mr. VISCLOSKY. Mr. Speaker, it is my great bered for doing many good things for a wide agent killed in the line of duty in 1985 fighting pleasure to commend Pastor James Alexan- variety of people, without seeking credit for his drugs in Mexico. The first red ribbon was worn der Anderson on the momentous occasion of accomplishments. in his memory back then, and the tradition has his retirement and 39th anniversary as a pas- Mr. Speaker, I ask you and my other distin- continued in an important drug awareness ef- tor. A week-long retirement and anniversary guished colleagues to join me in congratulat- fort in our Nation. celebration for Pastor Anderson, given by the ing James Alexander Anderson on the event October 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2077 of his retirement and 39th anniversary as a a society can do to repay them is to ensure able, and high quality transit service well into pastor. His wife, Hardina Anderson, can be that their accomplishments are recognized and the 21st century. proud of her husband's ministry, as his dedi- their civilian years are as enjoyable as pos- I am very proud of our public transportation cation to his church and to his community sible. Sean Dalton has tirelessly led this effort. system in Ingham County and am pleased that serves as an inspiration to us all. He has sponsored legislation to have the we can celebrate 25 years of service with a f State of New Jersey issue a special medal to new facility. those citizens who were on active duty during f CONGRATULATIONS TO ROLAND the Vietnam conflict. He has worked with other ROEBUCK veterans to ensure that all deserving individ- ANTE PERKOV: RECIPIENT OF THE uals received their long-overdue medals and BOYS & GIRLS CLUB OF SAN HON. DONNA M. CHRISTIAN-GREEN other military awards from America's other PEDRO 1997 KEYSTONE AWARD OF THE VIRGIN ISLANDS wars. IN THE HOUSE OF REPRESENTATIVES Of course, Sean Dalton's accomplishments HON. JANE HARMAN don't begin and end with our veterans commu- Thursday, October 23, 1997 OF CALIFORNIA nity. He has been a tireless advocate for our IN THE HOUSE OF REPRESENTATIVES Ms. CHRISTIAN-GREEN. Mr. Speaker, I seniors, for workers, for local homeowners Thursday, October 23, 1997 rise today to offer congratulations to Mr. Ro- and taxpayers, and for our youngest citizens. land Roebuck, who was recently recognized In recognition of his remarkable efforts, the Ms. HARMAN. Mr. Speaker, I rise today to by the District of Columbia's Superior Court Chapel of the Four Chaplains will be awarding congratulate Ante Perkov, who will be honored and Court of Appeals, for his work in the D.C. Sean Dalton with its Legion of Honor Award tonight at the 70th annual Keystone Awards Hispanic community. The Community, Out- on Monday, October 27 at St. John Episcopal dinner held by the Boys & Girls Club of San reach, Recognition and Opportunity Award or Church in Chew's Landing, NJ. Pedro. CORO, which was presented during Hispanic This remarkable honor has been given to In San Pedro, when you hear the phrase Heritage Month, goes to an individual who has some of our Nation's most distinguished citi- ``it's better to give than to receive,'' one imme- made an impact on the lives of members of zens, from Presidents Truman and Eisen- diately thinks of Ante Perkov. Known to the the Latino population. hower to John Cardinal Wright of Pittsburgh community as the kind, warm-hearted man Roland, who hails from the Island of St. and John Cardinal Krol of Philadelphia to Gen. with a carnation behind his ear, Ante has con- Croix, served in the military during the Viet- Colin Powell and Gen. Norman Schwarzkopf. tributed significantly to all types of community nam era. After his honorable discharge, he The Legion of Honor membership is given in activities since his arrival to San Pedro. moved to the Washington Metropolitan Area, recognition of loving service rendered by the He has spent his life building his restaurant, and has been the Hispanic program coordina- recipient to persons regardless of their race or Ante's, into one of the finest ethnic restaurants tor for the Government of the District of Co- religious faith. No one is more deserving of in the South Bay, while never saying ``no'' to lumbia for more than 20 years. this outstanding award than Sean Dalton. His any charity or person in need. Ante has given Roland is privileged to be of dual heritage, family and friends, along with his many admir- his time and his talents whenever called upon Puerto Rico and the Virgin Islands, and has ers, should be extremely proud of his many because of his concern and love for people. used this position to continue to foster the two achievements, and I ask my colleagues to join Ante has cooked for and helped raise funds cultures in his homeland, on the Continental me in commending and congratulating Sean for the Mary Star of the Sea Parish, the Holy United States and internationally, His intel- Dalton on his receipt of the Legion of Honor Trinity Parish, the Salvation Army, Homer ligence, charm, wit and sense of humor have Award. Toberman Settlement House, the Boys & Girls opened doors all over the world, allowing oth- f Club of San Pedro, the San Pedro Peninsula ers to get a taste of who we are. YMCA, the Boy Scouts, and the San Pedro I am proud to call Roland Roebuck my HONORING THE NEW CAPITAL Lions Club. Ante also serves on the board of friend, and I join the members of the Hispanic AREA TRANSPORTATION CENTER directors for the Salvation Army and the Boys Heritage Committee, my Virgin Islands and ON THE 25TH ANNIVERSARY OF & Girls Club of San Pedro. Puerto Rican communities and the Hispanic THE CAPITAL AREA TRANSPOR- His personal recognitions include a doctor of population at large, in paying tribute to this TATION AUTHORITY philanthropy degree from Pepperdine Univer- true American. sity, Honorary Mayor of San Pedro, Citizen of f HON. DEBBIE STABENOW the Year from the Boy Scouts of America, OF MICHIGAN Man of the Year from the Lions Club, and the TRIBUTE TO SEAN F. DALTON IN THE HOUSE OF REPRESENTATIVES Steering Wheel Award from the San Pedro High School Lady Pirate Boosters, in addition Thursday, October 23, 1997 HON. ROBERT E. ANDREWS to being a lifetime member of the San Pedro OF NEW JERSEY Ms. STABENOW. Mr. Speaker, I wish to Elks and the San Pedro Lions Club. IN THE HOUSE OF REPRESENTATIVES recognize the Capital Area Transportation Au- With his gentleness, kindness, and giving thority, which has provided more than 70 mil- heart, Ante has touched the lives of the Har- Thursday, October 23, 1997 lion rides to the citizens of Ingham County in bor area community with his generous and Mr. ANDREWS. Mr. Speaker, I rise to bring its 25-year history. unheralded gift of caring. I am proud to join to the attention of my colleagues an outstand- CATA has grown from 55 employees in the Boys & Girls Club of San Pedro in extend- ing public servant and one of New Jersey's 1972, serving 700,000 annual customers, to ing my sincere administration and appreciation finest individuals, Sean F. Dalton. Sean Dalton 175 employees today, providing more than to Ante Perkov. comes from a long line of distinguished public four million customers each year with the most Congratulations Ante. servants, from his father, Bill Dalton, the reliable form of transportation in the area. f former mayor of Glassboro and chairman of The communities of Lansing, East Lansing, the South Jersey Transportation Authority; to Meridian Township, Delhi Township, Lansing TRIBUTE TO WOMEN’S ARMY his brother, Daniel Dalton, who served with Township, and rural Ingham Country have CORPS OF NEW JERSEY distinction as a State assemblyman and sen- come to rely on the service, efficiency, and ac- ator and as New Jersey's secretary of state. cessibility of our local transit system. This high HON. MICHAEL PAPPAS Sean is an outstanding member of the New quality can be credited to the dedication and OF NEW JERSEY Jersey General Assembly. But my reason for strong work ethic the men and women of IN THE HOUSE OF REPRESENTATIVES praising him today has more to do with his CATA bring to their jobs each day. heart than his work as a public servant. Spe- On October 24, CATA will celebrate their sil- Thursday, October 23, 1997 cifically, Sean has dedicated much of his time ver anniversary by dedicating a new state-of- Mr. PAPPAS. Mr. Speaker, I rise to day to to helping New Jersey's veterans population. the-art transit center in downtown Lansing. acknowledge the efforts of veterans from the As you may know, Mr. Speaker, New Jersey The new transit center demonstrates that our Women's Army Corps in raising money to re- has among the largest veterans populations in State and Federal Governments can work to- furbish Flemington County's veterans memo- the Nation. The willingness of these veterans gether to provide the strongest possible trans- rial. to jeopardize their lives for our future goes portation system available. With the new facil- On the weekend of July 19, 10 members of well beyond bravery, and the least that we as ity, CATA will continue to provide safe, reli- the Women's Army raised $1,250 to contribute E2078 CONGRESSIONAL RECORD — Extensions of Remarks October 24, 1997 to the $80,000 needed. Organizer Anna Hoff- for Federal construction contracts. The result- to, the world outside of our borders. Not only man sat outside a local ShopRite with Janet ing disparities in employment create a demand do our ancestral ties often bind us emotion- Thatcher, Ruth Lincoln, Estelle Lokowsky, Jo- for affirmative action, another ill-suited and ill- ally to the well-being of our familial home- lands, but our nation’s economic, political, sephine Knoblock, Linda Trimbath, Mabel advised Big Government program. and military interests rely directly on the Kauffman, and Grace Meyer, taking turns sit- The racist effects of Davis-Bacon are no prosperity, stability, and security of the rest ting at a table, collecting money. mere coincidence. In fact, many original sup- of the world. Furthermore, Americans are Mr. Speaker, there are many women veter- porters of Davis-Bacon, such as Representa- simply, and arguably, the most generous, ans who served valiantly and without regard tive Clayton Allgood, bragged about support- compassionate, and ‘‘charitable people on for their own lives in both World Wars, Korea, ing Davis-Bacon as a means of keeping cheap Earth. It is just our nature to assist those in need. Vietnam and the gulf war. Their efforts need to colored labor out of the construction industry. ‘‘For these reasons, it is not surprising be acknowledged and honored. In addition to opening up new opportunities that the issue of foreign assistance can The refurbished memorial was dedicated on in the construction industry for small construc- evoke strong feelings from a large portion of September 14, 1997, to all Hunterdon County tion firms and their employees, repeal of our population. Unfortunately, our pros- veterans. I thank each and everyone of these Davis-Bacon would also return common sense perous nation learned long ago that we can men and women who served our great Nation. and sound budgeting to Federal contracting, quickly engage, if not solve, the world’s f which is now rife with political favoritism and problems by throwing money in the general direction of the source. The problem is that cronyism. An audit conducted earlier this year very few substantial and complicated prob- INTRODUCING THE DAVIS-BACON by the Labor Department's Office of the In- REPEAL ACT lems can be effectively solved with cash spector General found that an inaccurate data alone. This is especially true of the afflic- were frequently used in Davis-Bacon wage de- tions most developing countries face which HON. RON PAUL termination. Although the inspector general's are driven by flawed national policies and OF TEXAS report found no evidence of deliberate fraud, it which cannot be cured until meaningful pol- IN THE HOUSE OF REPRESENTATIVES icy changes are enacted from within. did uncover material errors in five States' ‘‘The unfortunate fact is, that although Thursday, October 23, 1997 wage determinations, causing wages or fringe our country has dumped hundreds of billions benefits for certain crafts to be overstated by Mr. PAUL. Mr. Speaker, I rise today to intro- of dollars overseas, the great majority of the as much as $1.08 per hour. recipient countries are no better off today, duce the Davis-Bacon Repeal Act of 1997. The most compelling reason to repeal and in many cases worse off, than they were The Davis-Bacon Act of 1931 forces contrac- Davis-Bacon is to benefit the American tax- before. For example, of the 64 countries that tors on all federally-funded construction payer. the Davis-Bacon Act drives up the cost have received U.S. foreign aid for 35 years or projects to pay the local prevailing wage, de- of Federal construction costs by as much as more, 41 have economies that have remained fined as ``the wage paid to the majority of the virtually the same or have deteriorated over 50 percent. In fact, the Congressional Budget the past three decades. Of those 41 countries, laborers or mechanics in the classification on Office has reported that repealing Davis- similar projects in the area.'' In practice, this 21 of them are poorer today than they were Bacon would save the American taxpayer al- thirty years ago. usually means the wages paid by unionized most $3 billion in 4 years. ‘‘Now many people argue that while the contractors. For more than 60 years, this con- Mr. Speaker, it is time to finally end this pa- economies of recipient countries may not gressionally-created monstrosity has penalized tently unfair, wildly inefficient and grossly dis- have improved, their plight can be blamed on taxpayers and the most efficient companies factors beyond their control—natural disas- criminatory system of bidding on Federal con- ters, lack of natural resources, civil unrest, while crushing the dreams of the most willing struction contracts. Repealing the Davis-Bacon workers. Mr. Speaker, Congress must act now or colonial exploitation. These explanations Act will save taxpayers billions of dollars on would be enlightening if not for very signifi- to repeal this 61-year-old relic of the era dur- Federal construction costs, return common cant contradictory examples from the past. ing which people actually believed Congress sense and sound budgeting to Federal con- Many of the world’s richest countries, Japan could legislate prosperity. Americans pay a tracting, and open up opportunities in the con- for one, have virtually no natural resources. huge price is lost jobs, lost opporuntities and struction industry to those independent con- America, a former British colony, was torn tax-boosting cost overruns on Federal con- apart by a devastating Civil War in the tractors, and their employees, who currently 1800’s, yet managed to ‘‘generate massive struction projects every day Congress allows cannot bid on Federal projects because they Davis-Bacon to remain on the books. economic growth both during, and after the cannot afford the paperwork requirements im- war. Davis-Bacon artificially inflates construction posed by this Act. I therefore urge all my col- ‘‘The one thing, however, that all eco- costs through a series of costly work rules and leagues to join me in supporting the Davis- nomic powerhouses have in common, and requirements. For instances, under Davis- Bacon Repeal Act of 1997. that all poor countries lack, is a policy of Bacon, workers who perform a variety of tasks economic freedom. This concept is charac- f must be paid at the highest applicable skilled terized by the ability of individuals to pur- journeyman rate. Thus, a general laborer who FOREIGN SPENDING sue their own economic desires with minimal hammers a nail must now be classified as a governmental intervention and control, low barriers to trade, lowered taxes, limited reg- carpenter, and paid as much as three times HON. BOB SCHAFFER ulatory burdens, high foreign investment, the company's regular rate. As a result of this, OF COLORADO freedom of private property ownership, and unskilled workers can be employed only if the access to competitive banking. company can afford to pay the Government- IN THE HOUSE OF REPRESENTATIVES ‘‘No amount of government-to-government determined prevailing wages and training can Thursday, October 23, 1997 charity will ever create wealth, nor can it counteract the detrimental effects of repres- be provided only through a highly regulated Mr. BOB SCHAFFER of Colorado. Mr. apprenticeship program. Some experts have sive economic policies that do nothing but Speaker, I rise today to address the topic of stifle productive output and discourage the estimated the costs of complying with Davis- foreign spending. While it is to our benefit to creation of wealth. This is why, rather than Bacon regulations at nearly $200 million a assist less fortunate countries, it is also impor- continuing to send our bundles of cash over- year. Of course, this doesn't measure the tant to ensure that taxpayer resources are well seas year after year, we should instead de- costs in lost jobs opportunities because firms spent. I would like to share one opinion as mand, demonstrate, and encourage those could not afford to hire an inexperienced work- written by Mr. Cory Flohr from Colorado. countries to begin implementing long-last- ing, and self-sustaining economic reform. er. ‘‘America must change the way it does Most small construction firms cannot afford Unless, of course, our true goal is to play the business with regard to foreign assistance role of global welfare provider, keeping re- to operate under Davis-Bacon's rigid job clas- spending. For too long, our government has cipient countries in a subservient role and sifications or hire the staff of lawyers and ac- taken billions of dollars out of the pockets of dependent upon America’s handouts. countants needed to fill out the extensive pa- the hardworking taxpayers of this country, ‘‘Many try to justify America’s high level perwork required to bid on a Federal contract. only to squander it in far-off lands in an at- of foreign spending by arguing that, com- Therefore, Davis-Bacon prevents small firms tempt to settle our national conscience. At pared to the mammoth size of our overall from bidding on Federal construction projects, best, the recipients have benefitted very lit- federal budget, the expense is negligible. No tle from our handouts. At worst, these peo- which, unfortunately, constitute 20 percent of amount of money taken out of the American ple, who truly are in need of real assistance, taxpayer’s pocket should ever be considered all construction projects in the United States. have been left in a worse predicament than negligible, particularly when we are talking Because most minority-owned construction that in which they were found. about $12 to $13 billion per year. There are firms are small companies, Davis-Bacon ‘‘As a nation of immigrants, America has a simply too many hardworking families liv- keeps minority-owned firms from competing distinct interest in, and direct responsibility ing paycheck to paycheck in this country for October 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2079 that argument to work. No, instead of blind- the Deputy Chief Minister at the Indian Em- CONGRATULATION’S TO THE GARY ly throwing money at the world’s problems, bassy in Washington, who will leave at the COMMUNITY HEALTH CENTER, hoping they will disappear long ‘‘enough to end of this month to become India's Ambas- INC. ON IT’S FALL FUNDRAISER ease our conscience, it’s time to pull in the reins, make some tough decisions, and pro- sador to Cyprus. Her departure comes at the vide some real foreign assistance.’’ end of 2 years of service in Washington and at a time when relations between Washington HON. PETER J. VISCLOSKY Mr. Speaker, we can all learn a valuable and New Delhi are very positive. OF INDIANA lesson here. Our government has an oppor- tunity to optimally utilize our resources in a re- Mr. Speaker, I have enjoyed the opportunity IN THE HOUSE OF REPRESENTATIVES sponsible and beneficial fashion so as not to to come to know Ambassador Cowsik in her Thursday, October 23, 1997 waste resources but to accomplish the most current capacity. She has been an excellent Mr. VISCLOSKY. Mr. Speaker, I would like good for the global community. source of information and assistance and has to take this opportunity to congratulate the f played an integral role in helping to enhance relations between the world's largest democ- Gary Community Mental Health Center, Inc. AMTRAK REFORM AND racy and the modern world's oldest democ- [GCMHC] on its Fall Fantasy Fundraiser. In PRIVATIZATION ACT racy. I know my colleagues join me in con- particular, I would like to commend Danita gratulating Ambassador Cowsik on her work in Johnson Hughes, GCMHC's chief executive SPEECH OF Washington on behalf of the Indian Govern- officer, on this special occasion. The fund- ment and wish her every success in her new raiser will be held at the Center for Visual and HON. DOUG BEREUTER Performing Arts in Munster, IN, on Sunday, OF NEBRASKA position in Cyprus. I look forward to continuing to work with her on efforts to build peace in October 26, 1997. All proceeds from the Fall IN THE HOUSE OF REPRESENTATIVES Cyprus. Fantasy Fundraiser will be used to benefit the Wednesday, October 22, 1997 organization's new children's emergency shel- f ter, the ALPHA Center, which has been in op- The House in Committee of the Whole eration since September 3, 1997. House on the State of the Union had under consideration of the bill (H.R. 2247), to re- SALUTE TO MARTHA DOMINICK The GCMHC has continued to extend its form the statutes relating to Amtrak, to au- commitment to serving the northwest Indiana thorize appropriations for Amtrak, and for community with the establishment of the other purposes: HON. JOHN M. SPRATT, JR. ALPHA Center, which is an acronym for ``All of Life's Problems Have Answers.'' The center Mr. BEREUTER. Mr. Chairman, this Mem- OF SOUTH CAROLINA ber rises in support of H.R. 2247 and in sup- operates as an emergency shelter for children port of continued long-distance Amtrak serv- IN THE HOUSE OF REPRESENTATIVES between the ages of 6 and 17, who have been ice. removed from their homes due to neglect and/ Thursday, October 23, 1997 During the 104th Congress this Member or physical and emotional abuse. Referrals to the program come from the courts and the De- voted against a similar bill due to concerns Mr. SPRATT. Mr. Speaker, I rise today to partment of Family and Children Services, about its possible adverse impact on long-dis- salute Mrs. Martha Dominick, of Gaffney, SC which determine how to best continue the care tance routes through States such as Ne- for her years of distinguished service to the these children need and deserve. The ALPHA braska. In a statement which appeared in the people of my State. November 30, 1995, CONGRESSIONAL RECORD, Center provides transitional and reintegration this Member expressed the view that pas- Martha Dominick was a school teacher and programs, such as individual and family ther- senger train service should not be confined guidance counsel for 44 years, and inspiration apy, tutoring, substance abuse counseling, only to high-density corridors. If Federal sub- for hundreds of students. therapeutic recreation, and after care services. sidies are provided to Amtrak then it should As a member of the Gaffney Business and Prominent in all facts of the center's oper- continue to serve as a truly national system. Professional Women's Club, she worked tire- ations is genuine compassion and concern for Federal subsidies from taxpayers from lessly to raise the status of women in our soci- the children it serves. throughout the Nation for a limited, regional ety. She campaigned for the equal rights The GCMHC was founded in 1974 as a system would not be justified. amendment, helped women compete for politi- nonprofit organization with the goal and vision While these concerns remain, this Member cal office, taught study courses for women in of providing effective lifestyle intervention and also recognizes that H.R. 2247 contains nec- the Methodist and Lutheran churches, and be- treatment programs for individuals, couples, essary and appropriate labor reforms and came the only woman to serve on Gaffney's families, and children. The organization seeks other restructuring provisions designed to pro- Zoning Board of Adjustment and Appeals. to serve the community by offering quality be- vide relief for the ailing railroad. In addition, Martha Dominick's fight for women's rights havioral health care services, administered by most important, passage of this reform legisla- has not gone unnoticed. The South Carolina an experienced staff of physicians, psychia- tion is necessary to allow Amtrak access to Conference on the Status of Women pre- trists, therapists, case managers, and office the $2.3 billion for capital improvements in- sented her with their Distinguished Service support personnel. Several GCMHC programs cluded in the recently enacted Taxpayer Relief Award. She won recognition as the Outstand- are specially designed to address the needs of Act. ing Business Woman and Leader in South young people in the community. The center's Therefore, this Member supports H.R. 2247 Carolina. This week, she will receive South Placement Diversion Program, for instance, and expresses his hope that Amtrak will con- Carolina's most prestigious award, the Order works to prevent unnecessary placement of tinue to provide at least the current important of the Palmetto. And this December, the children into residential psychiatric programs, long-distance transportation alternative routes Gaffney Business and Professional Women's while working to strengthen the relationship for and across the sparsely settled States Club will break ground on the Martha between family members. In conjunction with such as Nebraska and others in the Northern Dominick Women's Center, which will provide the Gary school system, the center also Great Plains and Rocky Mountain West. Am- skills and training for women entering the job strives to address the needs of school-age trak clearly should continue to have an impor- market for the first time. children with behavioral difficulties through its tant role in the Nation's overall transportation. Act Program. The GCMHC also offers sub- Martha Dominick has reached out not only f stance abuse counseling to both adolescents to women and young people, but to her entire and adults. A TRIBUTE TO AMBASSADOR community, volunteering for the American Mr. Speaker, I ask you and my other col- SHYAMALA B. COWSIK Heart Association, March of Dimes, Commu- leagues to join me in congratulating the Gary nity Chest, and 4±H Club, and helping families Community Mental Health Center on the occa- HON. BRAD SHERMAN in need. Her love and compassion, her intel- sion of its Fall Fantasy Fundraiser and the re- ligence and wit, and her style and grace in- cent establishment of the ALPHA Center. I OF CALIFORNIA spired all whom she touched. IN THE HOUSE OF REPRESENTATIVES wish the GCMHC continued success in all of Mr. Speaker, I am proud that Martha its endeavors, as the services this distin- Thursday, October 23, 1997 Dominick is one of my constituents, and I am guished organization has provided over the Mr. SHERMAN. Mr. Speaker, I rise today to pleased to recognize her today on the floor of years have been invaluable to the residents of recognize Ambassador Shyamala B. Cowsik, the U.S. House of Representatives. Indiana's First Congressional District. E2080 CONGRESSIONAL RECORD — Extensions of Remarks October 24, 1997 CONGRESSMAN KILDEE HONORS INTRODUCTION OF THE strictions imposed for foreign policy purposes CATHOLIC SOCIAL SERVICES OF SANCTIONS REFORM ACT, H.R. 2708 are costing $15±19 billion in export sales an- OAKLAND COUNTY nually. HON. LEE H. HAMILTON An extraordinary example of the cost of uni- lateral sanctions recently came to my atten- HON. DALE E. KILDEE OF INDIANA IN THE HOUSE OF REPRESENTATIVES tion. According to the U.S. Department of Agri- OF MICHIGAN culture, the five countries currently under total Thursday, October 23, 1997 IN THE HOUSE OF REPRESENTATIVES U.S. trade embargoesÐIran, Iraq, Libya, Mr. HAMILTON. Mr. Speaker, today Con- Cuba, and North KoreaÐwill together account Thursday, October 23, 1997 gressman PHILIP CRANE and I introduced H.R. for roughly 11 percent of the world's wheat ex- Mr. KILDEE. Mr. Speaker, I rise before you 2708, the Enhancement of Trade, Security, port market this year. This means that 11 per- today to recognize Catholic Social Services of and Human Rights through Sanctions Reform cent of the world wheat market is off-limits to Oakland County for 50 years of dedicated Act. This bill would reform the process by U.S. farmers. But it doesn't mean those coun- service to our community. As a Member of which both the Congress and the executive tries can't get wheat. If they have the cash, Congress I consider it my duty and my privi- branch consider unilateral sanctions propos- there are plenty of other countires willing to do lege to work on behalf of the American family. als. I would like to share with my colleagues business with them. It is in this spirit that I urge my colleagues to the rationale for this bill and describe its key My second concern is that our reputation for join me in supporting an organization that is provisions. unilateral sanctions is costing potential export on the frontlines everyday working to protect The United States needs economic sanc- sales and foreign investment opportunities. and preserve families. tions in its foreign policy toolkit. We need to Many executives I have spoken with over the In 1947, the Archdiocese of Detroit gave respond to many international problems. Eco- past couple of years have told me that foreign Catholic Social Services of Oakland County nomic sanctions can be an attractive policy firms and governments are increasingly steer- space above a downtown Pontiac drug store. option when military action is not warranted, ing clear of U.S. companies when making pro- During the 1950's a new office was estab- and diplomacy seems to have failed. In some curement decisions. They are concerned that lished in Pontiac's historical district, with sub- circumstances, the conduct of a particular deals with U.S. firms could be jeopardized by sequent openings in Farmington, Royal Oak, country may be sufficiently abhorrent or dan- subsequent sanctions. I also understand that Southfield, and Waterford. With its 6 offices gerous that we will feel compelled to respond, some European companies have begun to tell operating throughout the county and a staff of regardless of whether other countries join us. prospective customers that U.S. competitors 140, over 8,000 people every year have bene- Prior to 1980, several major laws authorized can't be counted on because of U.S. sanctions fited from Catholic Social Services' programs, the imposition of economic sanctions for for- policies. resources, and activities. Many of the group's eign policy purposes. Those laws tended to Third, exports lost to unilateral sanctions accomplishments were the result of the self- give the President considerable flexibility to mean lost jobs. Fifteen to twenty billion dollars less dedication of the late Leonard Jagels. Mr. decide when and how to impose sanctions. in export sales would support tens of thou- Jagels had been a mainstay since 1949 and They also tended to target foreign conduct, sands of American jobs. Fourth, third-party unilateral sanction meas- served as executive director for many years. rather than specific countries. During the past two decades, however, and ures like the Helms-Burton and Iran-Libya stat- His work has left a lasting impression on the especially since 1990, U.S. sanctions policies utes put us at odds with many of our closest organization. have evolved substantially. friends. That can undermine both our trade Catholic Social Services has maintained a First, we impose unilateral sanctions more leadership and the effectiveness of our foreign tradition of providing prompt and effective frequently. In a report prepared earlier this policy. service to individuals through community out- year, the President's Export Council noted that Fifth, in addition to antagonizing foreign gov- reach, outpatient treatment and in-home pro- more than 75 countries are now subject to, or ernments, some of our State and local sanc- grams, and child placement programs. The threatened by, one of more unilateral U.S. tions raise difficult questions concerning the Families and Schools Together Program, the sanctions. constitutional authority to conduct U.S. trade Foster Grandparent Program, the Retired Sen- Second, we use a wider variety of unilateral and foreign policy. ior Volunteer Program, and the Older Adult measures to target a wider range of foreign INEFFECTIVENESS OF UNILATERAL SANCTIONS Day Care Program are just a few of the pro- conduct. The Export Council counted 21 spe- Unilateral sanctions might be worth their grams administered by Catholic Social Serv- cific sanctions covering 27 different target be- price in exports, jobs, and foreign policy inter- ices. In addition to their services for at-risk haviors. We have also given the President ests if they succeeded in achieving their aims. children, the group's outpatient and in-home less latitude in implementing sanctions. They rarely do. In fact, they are sometimes programs are a valuable resource, always on Third, during the past 2 years we have counterproductive and harmful to the very hand for clinical, family, mental health, and adopted unilateral sanctions that are people we are trying to help. substance abuse counseling. Finally, the orga- extraterritorial in scope. In 1996, we departed A number of studies have concluded that nization participates in child placement pro- from our longstanding policy of opposing sec- sanctions, both unilateral and multilateral, grams, acting as an advocate in matters of ondary boycotts by enacting two laws that pe- have worked less than half the time since the special needs adoption, post adoption serv- nalize foreign firms for activities for activities in early 1970's. One of the most thorough and ices, and foster care. Cuba, Iran, and Libya. Meanwhile, roughly 20 credible of these studies, from the Institute for Catholic Social Services is more than just States and localities have adopted laws pro- International Economics, found that unilateral one organization, but rather an integral part of hibiting government commercial dealings with and multilateral sanctions together have suc- a tremendous service network, one that in- United States or foreign companies that do ceeded less than 20 percent of the time since cludes United Way of Oakland County, United business with countries that have poor human 1990. Unilateral sanctions rarely work because Way Community Services, Catholic Charities rights records. the world economy has become too inter- USA, and the Michigan Federation of Private Fourth, over the past year, several of our dependent. When we deny a country access Child and Family Agencies. Working together colleagues have introduced measures that to our products or our markets, it has plenty to achieve common goals these organizations seek to narrow the presidential waiver or lower of alternatives. serve as an inspiration to us all. The dedi- the decision threshold in existing sanction stat- WEAK INFORMATION BASE cated individuals who work with these organi- utes. None of these measures has made it to One of the most alarming aspects of U.S. zations deserve our gratitude for in my eyes the President's desk. If any do, however, they sanctions policy, in my view, is the weak infor- they are true heroes. will raise difficult questions about the roles of mation base upon which most unilateral sanc- Mr. Speaker, without a doubt, our commu- Congress and the President in the conduct of tion decisions are typically made. nity is a much better place in which to live be- foreign policy. Congress does not usually have before it a cause of the 50 years of service, love and CONCERNS ON UNILATERAL SANCTIONS detailed assessment of new sanctions bills support from Catholic Social Services of Oak- I have several concerns about the increas- when it takes them up. We hold hearings and land County. I urge my colleagues in the ing frequency and scope of unilateral sanc- we debate proposals in mark-ups. But our re- House of Representatives to join me in con- tions. view of sanctions is rarely systematic or com- gratulating Catholic Social Services on a fulfill- First, unilateral measures often cost U.S. prehensive. ing 50 years, and in wishing them even great- exports. The private Institute for International We need to improve our decisionmaking on er success in the years ahead. Economics estimated earlier this year that re- sanctions. Before they act, Congress and the October 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2081 President should both have in hand better in- guidelines and procedural requirements would lessly into the car by a joyriding group of formation on the potential costs and benefits apply, however, to future sanctions imposed young men. All too often these incidents of of unilateral sanctions proposals. And they by the President pursuant to existing laws. random violence are happening across Amer- should both proceed in a more deliberative The bill would impose no limitations on the ica, representative of a society that is becom- and disciplined manner. foreign countries or conduct that could be tar- ing more and more numb to the violence oc- SANCTIONS REFORM ACT geted by sanctions. curring on our streets. All of us know that The bill Congressman CRANE and I will in- The bill would have no impact on any of the something must be done to develop in our troduce is a bill that seeks to accomplish following kinds of measuresÐnow or in the fu- young kids a better sense of values and a these objectives. H.R. 2708 would reform the ture: more fundamental respect for human life. Get- process by which both Congress and the ex- Sanctions imposed under any multilateral ting guns out of the schools is critically impor- ecutive branch consider unilateral sanctions agreement to address a foreign policy or na- tant, but we must go further to address the proposals. tional security matterÐincluding proliferation, value structure that results in such a cavalier The bill defines a unilateral sanction as any human rights, and terrorism. attitude about life among many young people restriction or condition on foreign economic Restrictions or controls on the export of mu- today. I am proud, Mr. Speaker, of the campaign activity that is imposed solely by the United nitions. that has been launched by the Harris familyÐ States for reasons of foreign policy or national Resolutions disapproving a Presidential de- Ann's Campaign for a Safer America. This ef- security. cision to maintain MFN trade privileges for fort represents a wonderful attempt by a griev- For both Congress and the executive China or any other country. ing family to use the tragedy of Ann's death as branch, the bill sets out guidelines for future Measures imposed under U.S. laws and the impetus for action to stop youth violence. sanctions proposals and procedures for their regulations implementing trade agreements, combating unfair foreign trade practices, and The Harris family is speaking out in schools consideration and implementation. and in many communities to bring this mes- The guidelines would be largely similar for safeguarding the domestic market. sage of understanding and respect for others both branches. We propose that sanctions Import restrictions designed to protect food safety or to prevent disruption of domestic ag- to young kids. This is an incremental effort, bills approved by Congress and sanctions Mr. Speaker, reaching out in small ways to ricultural markets. measures imposed by the President: kids who need this message. If it reaches 50, Measures to implement international envi- Contain a 2-year sunset; 100 or 1,000 young people and helps them to ronmental agreements. Provide waiver authority for the President; care more for their fellow students, it will rep- Import restrictions designed to protect public Protect the sanctity of existing contracts; resent a very significant and meaningful ac- health and safety. Be targeted as narrowly as possible on complishment. If even one more tragedy such This bill is not a red light for sanctions. It is those responsible for sanctionable conduct; as Ann's senseless murder can be averted Minimize any interference with humanitarian a flashing yellow light. Its message is to take through the work of this campaign, it will be a a careful look around and proceed with cau- work performed by nongovernmental organiza- remarkable success and a very important me- tion. tions; and morial to this very talented and inspiring young Include measures to address any costs in- I hope that Members who have supported woman. Mr. Speaker, I want to commend curred by U.S. agricultural interests, which are sanctions in the pastÐas I haveÐwould be Coleman and Jean Harris and express my ap- especially vulnerable to foreign retaliation. able to support this bill. To oppose a measure preciation for their desire to turn Ann's tragedy With the exception of this agriculture provi- like this is to say that Congress and the Presi- into a positive and constructive educational ef- sion, all of the guidelines would be mandatory dent can't use and shouldn't have better infor- fort. for the executive branch. But the President mation about sanctions. That is a position nei- f could waive several of them in the event of a ther we nor the President should take. We national emergency. need not fear information. DISTRICT OF COLUMBIA APPRO- The bill's procedural reforms for Congress This bill would require those who propose PRIATIONS, MEDICAL LIABILITY would require a committee of primary jurisdic- sanctions to work harder to justify their pro- REFORM, AND EDUCATION RE- tion to include in its report on a sanctions bill posals. It would ensure that elected officials FORM ACT OF 1998 an analysis by the President of the bill's likely and the public are better informed about the impact on a range of U.S. foreign policy, eco- potential consequences of a proposed meas- SPEECH OF nomic, and humanitarian interests. The com- ure. Sanctions that receive the kind of careful HON. LOUIS STOKES mittee would also need to explain in its report scrutiny this bill will require are bound to be OF OHIO why it did not adhere to any of the sanctions more effective in achieving their aims and to IN THE HOUSE OF REPRESENTATIVES guidelines. cause less collateral damage to humanitarian Thursday, October 9, 1997 By invoking the Unfunded Federal Mandates and economic interests. Better-designed sanc- Act of 1995, the bill would also require a re- tions will also be more likely to retain public The House in Committee of the Whole port by the Congressional Budget Office on a support. House on the state of the Union had under sanctions bill's likely economic impact on the f consideration the bill (H.R. 2607) making ap- U.S. private sector. Under the terms of the propriations for the government of the Dis- trict of Columbia and other activities Unfunded Mandates Act, the bill could not be ANN’S CAMPAIGN FOR A SAFER AMERICA chargeable in whole or in part against the considered on the House or Senate floor until revenues of said District for the fiscal year the CBO analysis was completed and made ending September 30, 1998, and for other pur- public. HON. NORMAN D. DICKS poses: With respect to the Executive Branch, the OF WASHINGTON Mr. STOKES. Mr. Chairman, I rise in sup- bill would require the President to report to IN THE HOUSE OF REPRESENTATIVES port of the Moran substitute to H.R. 2607, the Congress prior to implementation on the likely Thursday, October 23, 1997 Fiscal Year 1998 District of Columbia appro- impact of a proposed measure on U.S. foreign priations bill. Unamended, H.R. 2607 will pro- policy, economic, and humanitarian interests. Mr. DICKS. Mr. Speaker, perhaps one of vide $7 million for a school voucher program The President would also be required to con- the greatest nightmares that any family could that will enable only 2,000 of the Districts sult with Congress and to provide opportuni- experience is receiving a call in the middle of 78,000 students to attend private schools or ties for public comment. To provide time for the night informing you that your daughter has schools in the suburbs at the cost of $3,200 this consultation, public comment, and report- been killed. Even worse to learn that she has each. ing, a sanction could not be imposedÐexcept been murdered by a random shooting clear Vouchers will drain critical financial re- in the event of a national emergencyÐuntil 60 across the country. That is the nightmare sources from the D.C. public schools. These days after the President has announced his in- faced by Coleman and Jean Harris of Mount schoolsÐas are many schools across the Na- tention to do so. Vernon, VA, last spring when their daughter, tionÐare already over burdened with financial It is also important to understand what our Ann was murdered while visiting friends in Ta- problems. We need to do all that we can to bill would not do: coma, WA. This bright and energetic honor strengthen the D.C. Public School System, not The bill would not prevent Congress or the student had a most promising future, having weaken it. Over 5 years, the proposed vouch- President from imposing unilateral sanctions. just gained early admission into Purdue Uni- er program will siphon $45 million away from The bill would not impact any sanctions cur- versity. While riding in a car on March 27, she D.C. public schools while helping only 3 per- rently in effect. The bill's executive branch was struck and killed by a bullet fired sense- cent of the school population. E2082 CONGRESSIONAL RECORD — Extensions of Remarks October 24, 1997 Mr. Chairman, supporters of school vouch- what they want. They want Congress to get SENSE-OF-CONGRESS RESOLUTION ers say that vouchers provide an opportunity serious about cleaning up our house by pass- to save 2,000 of the District's poor students. ing campaign finance reform. HON. ASA HUTCHINSON But, I ask, ``What will happen to the District's OF ARKANSAS other 76,000 students?'' Supporters also be- f IN THE HOUSE OF REPRESENTATIVES lieve that vouchers will be a shot in the arm Friday, October 24, 1997 for the D.C. Public School System, creating TRIBUTE TO MID BRONX competition that will force them to improve the DESPERADOES Mr. HUTCHINSON. Mr. Speaker, for more quality of education offered by the D.C. public than 200 years, our Nation has prospered as schools. I do not believe that will be the case. a democracy because we have enjoyed cer- The school voucher plan in this bill reaches a HON. JOSE´ E. SERRANO tain freedoms, including freedom of speech, limited number of students seeking to opt out freedom of the press, freedom of association, OF NEW YORK of the D.C. Public School System. In fact, it is and freedom of religion. And, as other nations not powerful enough to impact the school sys- IN THE HOUSE OF REPRESENTATIVES have moved away from more restrictive forms tem in the way school voucher supporters of government toward democracy, those that Thursday, October 23, 1997 would like to believe. have made successful transitions have guar- anteed their citizens the same. Residents of the District of Columbia do not Mr. SERRANO. Mr. Speaker, I rise today to support school vouchers. In fact, 89 percent Mr. Speaker, although the emerging democ- pay tribute to Mid Bronx Desperadoes for 22 racy of Russia has made significant strides said so in a referendum on school vouchers. years of service to our Bronx community. The parents in the District want to rebuild and since the fall of the Soviet Union, it appears reform their Public School System. We have Mr. Speaker, the Mid Bronx Desperadoes that she has taken a step backward in recent no business imposing a voucher program on [MBD] was founded in 1974 as a group of vol- days. On September 25, 1997, President the District, against its will. Rather, we are unteers who understood the need to revitalize Yeltsin signed into law the On Freedom of morally obligated to ensure that all students in the Crotona Park East section of Bronx Com- Conscience and Religious Association Act. the District of ColumbiaÐand across the Na- munity District 3 that was devastated by This measure, which he vetoed once before, tionÐhave equal access to quality education. arson, disinvestment, abandonment, and pop- denies legal status to all religious groups ex- We must not abandon the D.C. public schools. ulation loss. cept those which were officially registered with the Soviet Government at least 15 years ago. Instead, we must strengthen our commitment First in cooperation with the local police and Such denial of legal status would automatically to improving them. fire departments, and later with government strip a number of religious minorities of fun- Mr. Chairman, I strongly supportÐand urge officials and Community Board 3, the volun- damental rights, such as the right to rent or my colleagues to join me in supportingÐthe teer coalition was able to establish Mid Bronx own property, employ religious workers, Moran substitute to H.R. 2607. This substitute Desperadoes Community Housing Corporation is clean and replaces the House provisions produce or possess religious literature, main- [MBDCHC] which created over 2,100 housing tain bank accounts, or conduct organized with the Senate billÐas reported by the Ap- units with development costs of approximately propriations Committee. This version has no charitable or educational activities. $213.5 million within Community District 3. This new law violates not only the Russian veto threats and does not include any con- MBD has also helped residents of the South troversial riders or funding for school vouch- Constitution but also the U.N. Universal Dec- Bronx become homeowners, serving as com- ers. It also has bipartisan support. I urge my laration of Human Rights and the 1989 Con- munity sponsor, marketing and sales agents colleagues to vote ``yes'' on the Moran sub- cluding Document of the Conference on Secu- for 328 new homes, including the widely ac- stitute. rity and Cooperation in Europe. On a more claimed Charlotte Street development of 89 f basic level, the intent of the law runs contrary single family homes. MBDCHC is a part of the to the very principles that form the foundations CAMPAIGN FINANCE REFORM Comprehensive Community Revitalization Pro- of a democratic society. For, if the Russian gram [CCRP]. Federation Government sees fit to discriminate HON. RON KIND Throughout its 22 years of service, MBD against individuals and organizations accord- OF WISCONSIN has been a model of excellence in providing ing to their religious beliefs, what will prevent IN THE HOUSE OF REPRESENTATIVES our community with exemplary services those in power from discriminating against those with different political or philosophic af- Thursday, October 23, 1997 through housing development and property management, economic development, and de- filiations? What is to prevent government offi- Mr. KIND. Mr. Speaker, another day has livery of human services. cials in outlying provinces, who have histori- gone by and still no campaign finance reform. cally been oppressors of those of differing po- As we approach the end of one more week With the collaboration of a qualified staff, litical or religious affiliation, from cracking we are inching closer and closer to the end of MBD has expanded its network to include ad- down on religious and political minorities? the 1997 legislative session. If we do not take ditional services in conjunction with other local What recourse is open to an individual who action before we adjourn, now expected to be organizations and medical centers. Among has been denied basic civil rights or who has November 7, we will not have the chance to these are: affordable housing development, been substantively injured by a local govern- fix the campaign finance system before the marketing and management, Mid Bronx Com- ment official if the government of the nation 1998 election. Next year will be an election munity Development Federal Credit Union, essentially condones oppressive action? year and any chance to change the system Family Practice Health Center, Head Start Day These questions have already proven to be during a campaign year is very unlikely. Care, Community Crime Prevention, Com- valid. The new law clearly states that religious Today we spent over an hour debating a prehensive Case Management, Job Training organizations have until the end of 1999 to contested election for Congress. That debate and Placement, and Community Organizing. register with the Russian Federation under the is important, and must take place. However, if The achievements of the Mid Bronx Des- new law. And officials from Russia's Ministry this House can find the time to consider the peradoes are measured by the people they of Justice have assured religious organizations outcome of one election, why can't we take have served. Thousands of Bronx residents and officials in the United States that imple- the time to consider legislation that will impact have been employed and benefited from the mentation of this new law will not result in dis- every Congressional election from this day for- center's education and training programs. And crimination or oppression of religious organiza- ward. The answer is clear. The leadership of hundreds of thousands of people, from chil- tions in that nation. However, cases have al- this House has no desire to consider cam- dren to senior citizens, have received quality ready been reported of churches that have paign finance reform. been prohibited from meeting in rented or pub- health care. The sad fact is, because of the reluctance lic facilities as a direct result of this law. This of the House leadership to allow a vote, Mem- Mr. Speaker, it is a privilege for me to honor leads me to question how effective the Fed- bers are going to be forced to take action on the family and friends of the Mid Bronx Des- eration will be in ensuring that the rights and their own. That will happen tomorrow. peradoes. I ask my colleagues to join in cele- freedoms of religious minorities are protected. Before that happens, I hope the Speaker brating this milestone and acknowledge this As such, I feel it necessary that we express will reconsider his opposition to allowing a outstanding agency for 22 years of accom- our concern over the enactment of this law to vote on campaign finance reform. I hope the plishment and service for the South Bronx the Russian Federation, and that we encour- Speaker will give the majority of the public community. age the Federation to embrace all of the October 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2083 foundational principles of a free and open so- Kean UniversityÐwhich has served the needs TRIBUTE TO PATRIARCH BAR- ciety. To that end, I am introducing today a of the growing population of adults in the com- THOLOMEW OF CONSTANTINO- resolution that affirms the role of freedom of munity. On October 25, 1997, the Spanish PLE religion in a democracy and expresses the speaking program of Kean University will cele- Sense of Congress that enactment of the On brate its 25th anniversary with a dinner-dance HON. BRAD SHERMAN Freedom of Conscience and On Religious As- celebration at Kean University, college center OF CALIFORNIA sociation law violates internationally accepted cafeteria in New Jersey. IN THE HOUSE OF REPRESENTATIVES standards of human rights. In addition, this The Spanish speaking program was found- Friday, October 24, 1997 resolution affirms the action of the House and ed in 1972 to respond to the needs of His- Senate conferees on the Foreign operations panic students who needed to achieve greater Mr. SHERMAN. Mr. Speaker, I rise today to appropriations bill in including language to pro- proficiency in English to pursue a college edu- pay tribute to His All Holiness Patriarch Bar- hibit the Federation from receiving funding as- cation. The program has played a very impor- tholomew of Constantinople who began his sistance unless the Federation certifies that tant role in the academic and personal devel- visit to the United States in Washington, DC the new law is not implemented. opment of the Hispanic student population and this week. I welcome Patriarch Bartholomew Mr. Speaker, Russia has come a long way the Hispanic community itself. The Spanish to the United States on behalf of the Greek from its authoritarian Czarist and Soviet roots. speaking program has provided a clear path- Orthodox community in the San Fernando and Let us encourage her officials and her people way for students to progress into the regular Conejo Valleys and look forward to his visit to to continue on the path toward a free and curriculum. Los Angeles in November. open society by passing this resolution and The Spanish speaking program is adminis- Patriarch Bartholomew, the 27th successor condemning a return to regulation of thought tered by a dedicated group of professionals of the Apostle St. Andrew and the spiritual and belief that hindered the country's progress under the guidance of Dr. Ronald L. leader of 300 million Orthodox Christians, is a for so may centuries. Applbaum, president, and Dr. Orlando Edreira, man of extraordinary abilities and achieve- f director. For two decades, this program has ments who speaks seven languages. My col- been meeting the needs of limited English pro- leagues and I honored His All Holiness with TRIBUTE TO DR. GEORGE KING ficient Hispanics. This program was the first of the award of the Congressional Gold Medal in its kind in U.S. higher education, and it has recognition of his contributions to world peace, HON. GEORGE P. RADANOVICH provided opportunity and access to more than ecumenism, and the protection of the global OF CALIFORNIA 5,000 students in its 25-year history. The pro- environment. Patriarch Bartholomew has met IN THE HOUSE OF REPRESENTATIVES gram provides an environment for the foster- with government and religious leaders in the Balkans, the Eastern Mediterranean and the Friday, October 24, 1997 ing of pride and reward for personal dedication and accomplishment. Middle East in efforts to promote peace and Mr. RADANOVICH. Mr. Speaker, I rise It is an honor and a pleasure to be part of an interfaith dialog. His All Holiness is a cham- today to pay tribute to George King for being this celebration and also be able to recognize pion of religious freedom who has fought the U.S. Tennis Association national champion the dedication and commitment of the Spanish against all forms of persecution. and for his support of California's children. Dr. speaking program. Communication is now Patriarch Bartholomew is equally committed King exemplifies a champion athletically, so- more important than ever. Being able to know to the protection and preservation of the cially and professionally. more than one language is no longer a privi- Earth's environment for future generations. He George King has participated in U.S. Tennis lege, but a necessity. I am certain that my col- has sponsored several international con- Association events since 1985. Currently, King leagues will join me in paying tribute to this re- ferences on the environment, including an up- is a competitor in the 30 and over division and markable program. coming summit in Santa Barbara, and has led held their the No. 1 ranking in 1992 and 1993. conservation efforts in the Black Sea. These It was during these years that King won his f efforts have earned him the title, ``the Green back to back national championships. Patriarch.'' Dr. King's accomplishments are not limited RECOGNIZING THE 300TH ANNIVER- Mr. Speaker, it is truly an honor to have His to the court. He is committed to his family and SARY OF LAWRENCE TOWNSHIP All Holiness Patriarch Bartholomew visit the to the children of California. Specifically, Dr. United States and to have the President be- King competes annually in the Northern Cali- HON. MICHAEL PAPPAS stow upon him the Congressional Gold Medal. fornia Pro Am, of which the proceeds benefit He joins only five other religious leaders, in- junior tennis programs. He also assists with OF NEW JERSEY cluding the late Mother Theresa, who have the instruction and teaching of juniors at the IN THE HOUSE OF REPRESENTATIVES been awarded the Congressional Gold Medal, Fig Garden Swim and Racquet Club, his home Friday, October 24, 1997 the highest honor of the U.S. Congress. court. Finally, Dr. King is a member of Rotary f International and supports their college schol- Mr. PAPPAS. Mr. Speaker, I rise today to arship and youth exchange programs. Profes- recognize a major activity that will occur in a IN PRAISE OF SANTA MARIA sionally, Dr. King maintains two dentistry prac- few weeks in the Township of Lawrence, NJ tices that serve the communities of Fresno as part of the Township's tricentennial celebra- HON. WALTER H. CAPPS tion. and Livingston. These two offices offer a full OF CALIFORNIA Over the past 300 years Lawrence Town- range of dental services. IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, it is with great honor that I pay ship has been and continues to be a patriotic Friday, October 24, 1997 tribute to Dr. George King for his tennis ac- town, dedicated to recognizing the events and complishments and his support of California's people of its Township that have made the Mr. CAPPS. Mr. Speaker, the vitality of our children. I ask my colleagues to join me in United States a free country. Some of the Nation depends upon the vitality of the towns wishing Dr. King many more years of success. community's ancestors are signers of the Dec- and cities of which it is made up. One such f laration of Independence. Other former and vital city is Santa Maria, CA, in the district I present residents have fought in the Revolu- represent. IN HONOR OF THE 25 ANNIVER- tionary War, the Civil War, and the World Thirty of the citizen leaders of Santa Maria SARY OF THE SPANISH SPEAK- Wars, Korea, Vietnam, and the gulf. The men were in the Capital this week. This group rep- ING PROGRAM OF KEAN UNIVER- and women of Lawrence have often given resented an extraordinary cross section of en- SITY their lives in the service of our Nation. trepreneurs, farmers, government officials, so- On November 8 the Lawrence Township cial service providers, educators, and civic ac- HON. ROBERT MENENDEZ Veterans Memorial Committee will join the tivists. As a result of this visit, these Santa OF NEW JERSEY Township of Lawrence to honor those who Marians know Washington better than before IN THE HOUSE OF REPRESENTATIVES served this country. I would like to take this and, perhaps more importantly, Washington opportunity to commend and thank the citizens has a better understanding of Santa Maria. Friday, October 24, 1997 of Lawrence for their efforts to help keep this Mr. Speaker, we face many challenges in Mr. MENENDEZ. Mr. Speaker, I rise today country free. I would also like to congratulate this country while at the same time we are to pay tribute to an outstanding educational the Township on its 300th anniversary, a mile- surrounded by immense opportunities. This is program, the Spanish speaking program of stone deserving of our recognition. the case in Santa Maria. I'm proud that this E2084 CONGRESSIONAL RECORD — Extensions of Remarks October 24, 1997 delegation held fruitful and mutually inform- fell in love with and married a German girl named Sicilian Citizens Club of Bayonne's ative discussions with congressional leaders, named Amelia Schneider. America's prepara- ``Honoree of the Year'' and for offering his top White House officials, and senior rep- tion for entrance into World War II placed time and kindness to those in the community. resentatives from the Department of Justice, George's maintenance skills in high demand. I am certain that my colleagues will join me in Commerce, Agriculture, the Small Business Because of this, the two moved to Los Ange- paying tribute to this remarkable gentleman. Administration, and the U.S. Trade Represent- les where they were blessed with their son, f ative's office. The citizens of Santa Maria are Gilbert. After the war, George had a success- facing their challenges creatively and are seiz- ful career with both the Lyons and McDonalds TRIBUTE TO RUDOLPH BOLES ing opportunities boldly. corporations as a food service equipment in- WELLNITZ Mr. Speaker, last evening, the unforgettable staller. aroma of Santa Maria Barbeque danced in the After 54 years of marriage, Amelia sadly HON. MICHAEL PAPPAS crisp Washington air. The culmination of this passed away in 1978. This event brought OF NEW JERSEY extraordinary visit was a dinner that attracted George back to Fresno where he became very IN THE HOUSE OF REPRESENTATIVES active in the American Historical Society of Members of Congress from all over the coun- Friday, October 24, 1997 try. For one night, a corner of Capitol Hill was Germans from Russia. George's retirement transformed into Santa Maria. As I celebrated and activeness with the society introduced him Mr. PAPPAS. Mr. Speaker, I rise today to with my constituents and my colleagues, I to a second wife, Yvonne Gates Curran. The honor an outstanding native of New Jersey couldn't help but feel enormous pride to be the two of them have been happily together since whose years of commitment and service to the Representative of Santa Maria in the U.S. 1983. agricultural industry in my State have helped Congress. Mr. Speaker, it is with great honor that I pay New Jersey truly fulfill its claim as the Garden f tribute to the 100th birthday of George State. Borgardt. Mr. Borgardt's longevity and hard Rudolph Wellnitz was born in 1929 and CONGRATULATIONS TO PHILTEX work serve as a model for all Americans. I ask grew up around agriculture. After assuming my colleagues to join me in wishing George ownership of the family business when his fa- HON. WILLIAM M. ‘‘MAC’’ THORNBERRY my best wishes for the future. ther retired, Mr. Willnitz formed Jeffwell Farms OF TEXAS f in partnership with Walker Gordon. Due to IN THE HOUSE OF REPRESENTATIVES hard work and perseverance, Jeffwell Farms IN HONOR OF THE SICILIAN CITI- has been a New Jersey State winner of the Friday, October 24, 1997 ZENS CLUB OF BAYONNE’S HON- National Corn Growers Irrigated Corn Yield Mr. THORNBERRY. Mr. Speaker, I rise OREE OF THE YEAR FOR 1997: Contest as well as the New Jersey Soybean today to pay special recognition to the Philtex FRANK CARINE Growers Yield Contest. In 1995, Mr. Wellnitz plant, a division of the Phillips Petroleum Co., retired as a successful farmer and a great ex- that is located in Borger, TX. Just last seek HON. ROBERT MENENDEZ ample of what diligence and commitment can Philtex, received the first Award for Workforce OF NEW JERSEY accomplish. Excellence from the National Association of IN THE HOUSE OF REPRESENTATIVES Recently, the Middlesex County Fair Asso- Manufacturers. ciation honored Mr. Willnitz as the ``Middlesex Friday, October 24, 1997 The award is a direct reflection of the com- County Farmer of the Year'' an honor well de- mitment to safety by the employees of Philtex. Mr. MENENDEZ. Mr. Speaker, I rise today served. As a result of a program called [POWER], to pay tribute to an honored citizen, Mr. Frank Mr. Speaker, our Nation needs to depend People Observing Work Eliminating Risk, Carine, who has served the community of Ba- on a strong agricultural industry in order to Philtex has achieved a 65-percent reduction in yonne and Hudson County for many years. support the needs of the people. Moreover, recorded injuries and most importantly the The Sicilian Citizens Club will honor Mr. every nation needs people like Mr. Wellnitz, plant's employees have remained injury-free Carine on October 25, 1997, at the organiza- who go above and beyond the call of duty to for over 6 months. tion's 70th Anniversary Dinner-Dance at Villa serve his country and support growth into the Mr. Speaker, Phillips Petroleum is an impor- Nova in Bayonne, NJ. next millennium. Much of the food that each of tant industry for my congressional district and Mr. Frank Carine was born in Bayonne us sits down to eat every day can be traced for the entire Texas Panhandle. The employ- where he has lived all his life. He graduated back to family-owned farms. ees of this company should be proud of their from local schools and attended Mount Saint I rise today to congratulate Rudy Wellnitz achievement and Phillips Petroleum should be Mary's College in Emmitsburg, MD, Seton Hall and his years of hard work to make New Jer- commended for their efforts to provide a safe University and St. Peter's College. He also re- sey and our Nation a better place. work environment and for the commitment to ceived certification from the University of Wis- f their employees safety. consin School of Industrial and Labor Rela- f tions. Mr. Carine is a life long parishioner of A TRIBUTE TO BETTY PFAFF Our Lady of Assumption Church. He is an TRIBUTE TO GOTTLIEB (GEORGE) Army veteran of the Korean era and resides in HON. KENNY C. HULSHOF BORGARDT Bayonne with his wife, Margaret. He is the son OF MISSOURI of Lillian and the late Nicholas Carine, and IN THE HOUSE OF REPRESENTATIVES has three children, Frank Jr., Beth Ann HON. GEORGE P. RADANOVICH Friday, October 24, 1997 OF CALIFORNIA Taraba, and Jill Ripp and five grandchildren. IN THE HOUSE OF REPRESENTATIVES Mr. Carine's professional career included Mr. HULSHOF. Mr. Speaker, today I step on service at the Western Electric in Kearny, to the House floor to express gratitude to a Friday, October 24, 1997 where he is an honorary member of Local true public servant for Missouri's Ninth Con- Mr. RADANOVICH. Mr. Speaker, I rise 1470 IBEW AFL±CIO. He has extensive expe- gressional DistrictÐBetty Pfaff. Betty has been today to pay tribute to George Borgardt on the rience in organized labor, negotiations, and working for the people of the Ninth District for occasion of his 100th birthday. The event will contracts. He is an active member of many the last 20 years. Her last official day was Oc- be celebrated on December 15th, 1997. local clubs and organizations. Mr. Carine is tober 2, leaving behind a record of hard work, George Borgardt was born in Leninskoye, present leader and past president of the Sicil- dedication, and service to others. Russia, to Gottfried and Maria Neiderquel in ian Citizens Club of Bayonne, president of the Betty began her tenure during former Con- 1887. As one of six children, George grew up Sons of Italy Del Monte Lodge, a member of gressman Harold Volkmer's first campaign for in a large German family that worked and the Catholic War Veterans Post 1612, Korean office. After Mr. Volkmer won the seat in 1976, played on the banks of the mighty Volga river. War Veterans, Telephone Pioneers of Amer- he invited Betty to join his staff. Betty stayed When George turned 26, he came to Chicago ica, and the Bayonne Columbus Committee. on through the duration of Mr. Volkmer's pub- to tour the United States and to visit family. He is currently employed as a special deputy lic service for 19 years and 3 months. Her re- However, the start of World War I kept the in the office of the Hudson County Register. sponsibilities included casework and constitu- Borgardt's from returning to his home. It is an honor and a pleasure to be able to ent services. What speaks volumes about Bet- In 1923 George moved to Fresno to find recognize the dedicated service of Mr. Frank ty's character was her ability to continue to employment in California's rich fields and Carine to his community. Once again, I offer serve the people of Missouri's Ninth District for booming industries. It was there that George my congratulations to Mr. Carine for being a newly elected Representative of a different October 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2085 political party. Her willingness to do so dem- thropic and civic organizations. Mr. Speaker, to care for an ill uncle. It was at this time that onstrates her professionalism and stands as a distinguished colleagues, please join me in she fell in love with the United States and de- testament that Betty Pfaff was not a servant of honoring Sami and Annie Totah. cided to become a citizen. In 1922, Howell politics, but a servant of the people. f married her sweetheart, William Sylvester Betty possesses a unique knowledge of the Gallet, a successful painter in southern Cali- District. She is on a first-name basis with CHAN FAMILY HONORED AS fornia. Shortly thereafter, they were blessed many of the constituents in northeast Missouri. EARLY PIONEERS OF THE VALLEY with two children, a boy and a girl. She has been a valuable asset to the office of Above all else, Ms. Howell is proud to be an a new Member of Congress. I would not have HON. ZOE LOFGREN American. Her short time in France gave wit- been able to make the transition as smoothly OF CALIFORNIA ness to food shortages and scarcities in other without her. IN THE HOUSE OF REPRESENTATIVES basic human needs that were not present in Mr. Speaker, you'll be happy to know that Friday, October 24, 1997 the United States. Not a day goes by that now that Betty is retired, she spends her free Howell fails to profess her admiration and rev- time as a grandmother to her three grand- Ms. LOFGREN. Mr. Speaker, I rise today to erence for our country. children, John Pfaff and Emily and Andrew salute Gordon and Anita Chan, and their fam- Although Ms. Howell is still very active, Richards. In addition to her important role as ily, selected as ``Early Pioneers of the Valley'' some special needs have moved her from Los grandmother, Betty intends to help her hus- by the Chinese Historical and Cultural Project Angeles to Mariposa, CA. Specifically, band, Dwaine, with his business, Hannibal in San Jose, CA. Mariposa places her closer to many of her 9 Glass. She also plans to continue her service I know the Chans well as I have had the grandchildren and 19 great-grandchildren. in the community where she has made her pleasure of working with them over the years Currently, Howell resides at John C. Freemont home since 1964 as a volunteer. on matters important to the district I represent Hospital, where she still maintains a shining The people of Missouri's Ninth District are in the 105th Congress. Among many other smile and wonderful sense of humor. losing a humble, honorable servant. Betty, on things, the Chan family is being honored for Mr. Speaker, it is with great honor that I pay behalf of all of whose lives you have touched, their valuable contribution in the opening of tribute to the 104th birthday of Ms. Odile How- we thank you and wish you a long and happy the Museum of Chinese American History in ell. Her patriotism and longevity serve as a retirement. San Jose in 1991, and their continued efforts model for all men and women and should be f to establish a traveling exhibit of Chinese held in the highest respect. I ask my col- American history. leagues to join me in wishing Ms. Odile Howell TRIBUTE TO SAMI AND ANNIE Gordon Chan's grandfather, Chien Lung, our best wishes. TOTAH came to America in 1880, and became a very successful farmer in the Sacramento Delta f HON. BRAD SHERMAN area. History books refer to him as the ``Chi- nese Potato King,'' a prosperous farmer until IN HONOR OF THE STATEWIDE OF CALIFORNIA HISPANIC CHAMBER OF COM- IN THE HOUSE OF REPRESENTATIVES he was forced to sell his land because of Alien Land Laws in the 1920's. Gordon's father, Ted MERCE OF NEW JERSEY’S 7TH Friday, October 24, 1997 Chan, started a successful flower-growing ANNUAL CONVENTION AND EXPO Mr. SHERMAN. Mr. Speaker, I rise today to business, and served as president of the Chi- pay tribute to Sami and Annie Totah for their nese Wholesale Flower Market in San Fran- HON. ROBERT MENENDEZ effective leadership and untiring commitment cisco. OF NEW JERSEY on behalf of many important political, cultural, Gordon and Anita, who met while attending IN THE HOUSE OF REPRESENTATIVES and religious causes. Their achievements college, continued working in the flower busi- Friday, October 24, 1997 have reverberated throughout the community ness, and have expanded into real estate de- and have been felt on a local, national and velopment and restaurant operations. Mr. MENENDEZ. Mr. Speaker, I rise today international level. The Chans have shared their success with to pay tribute to the Statewide Hispanic Cham- Sami and Annie are deeply devoted to pro- others in our community through their many ber of Commerce of New Jersey's 7th annual moting Jewish heritage, human dignity and a generous contributions to local groups and or- convention and exhibition which is geared to- democratic lifestyle throughout the United ganizations, and most importantly, they have ward putting small businesses on the road to States, Israel, and Armenia. They have given been an encouragement to others to actively success. On October 24, 1997, the Statewide generously of their time, energy, and knowl- participate in civic affairs. Gordon Chan is leg- Hispanic Chamber of Commerce [SHCC] will edge to affect change and progress to better endary in San Jose for his community work, host the Annual Expo Trade Show at the serve human kind. having served on many boards and commis- Sheraton Meadowlands Hotel in East Ruther- Annie has dedicated countless hours to pro- sions in our county. ford, NJ. moting ethnic diversity through her work with Mr. Speaker, on October 25, 1997, the Chi- The seventh annual convention and exhi- the United Jewish Appeal Federation, the Ar- nese Historical and Cultural Project will honor bition will recognize the efforts and contribu- menian General Benevolent Union, the Amer- the Chan family as ``Early Pioneers of the Val- tions of business owners, CEO's and other top ican Sephardic Federation, and other organi- ley,'' at its 10th Anniversary Gala Celebration, management from both large and small His- zations. She has supported the Armenian As- the Dragon Ball. I would like to invite my col- panic businesses throughout the State. This sembly of America where she serves as the leagues in the United States House of Rep- year's theme and challenge are ``Partnering first female chairperson in its history. She has resentatives to join me in saluting the Chan for Success.'' Among the several innovations also received the United Nations Association's family as they receive this very distinguished and workshops are commercial loan approv- certificate of appreciation for outstanding con- honor. als, on-line networking and marketing, maxi- tributions to human rights. Most notable is her f mizing office efficiency through computer tech- role in the Maryland community where she nology, business start-up, expansion, and ex- has raised funds, cultural awareness, and po- CONGRATULATIONS TO MS. ODILE porting. The SHCC has been integral in New litical consciousness about issues affecting all HOWELL Jersey realizing an 87 percent growth of His- people. panic business over the past 10 years. They Sami has also demonstrated a strong com- HON. GEORGE P. RADANOVICH have also helped generate 128,000 jobs and mitment to promoting human rights here and OF CALIFORNIA helped produce $1.5 million in business alone. abroad. He has worked as the vice chairman IN THE HOUSE OF REPRESENTATIVES It is reassuring to know that organizations like of the Young Leadership Campaign of the SHCC continue to foster growth and provide United Jewish Appeal Federation. He is re- Friday, October 24, 1997 leadership to Hispanic businesses as we ap- sponsible for the construction of the first and Mr. RADANOVICH. Mr. Speaker, I rise proach the 21st century. only Sephardic Synagogue here in our Na- today to pay tribute to Ms. Odile Howell on the The SHCC is a voluntary membership net- tion's capital. His presence in the community occasion of her 104th birthday. The event was work of several Hispanic chambers of com- is a blessing to us all. celebrated on September 18, 1997. merce and professional business associations Sami and Annie's benevolence and warmth Odile Howell was born in the Alsace region across New Jersey and the Philadelphia area. have touched many lives. They have made of France, in 1893. Leaving France's wine The organization aims to identify and commu- outstanding efforts on behalf of many philan- country in 1907, Howell came to Los Angeles nicate the needs of the Hispanic business E2086 CONGRESSIONAL RECORD — Extensions of Remarks October 24, 1997 community by increasing relations with the Simply put, the Superfund Recycling Equity of Contra Costa formerly recognized the out- corporate sector, influencing legislation, poli- Act gives business in the recycling industry standing community service provided by Bat- cies and programs that have a positive impact peace-of-mind that they will not be unduly tered Women's Alternative on October 16, on the business community, providing leader- drawn into the Superfund liability web as long 1997. I ask that you join me in honoring this ship and support for excellence in education as they do not knowingly contribute hazardous organization for their outstanding work and for future business leaders, and providing wastes and follow standard business prac- dedication in rebuilding the tarnished lives of technical assistance to Hispanic businesses, tices. This legislation will encourage more re- the many women and children who are victims professional associations, and entrepreneurs cycling of paper, glass, textiles, metals, plas- of domestic violence. through regional meetings, seminars, con- tics and other materials greatly reducing the f ferences and annual state conventions. volume of the Nation's waste stream. I asked my colleagues to join me in rec- The House Commerce Committee is cur- UNITED NATIONS DAY IN NORTH ognizing the outstanding annual event of the rently engaged in bipartisan negotiations to re- CAROLINA Statewide Hispanic Chamber of Commerce of form Superfund, which will speed cleanups New Jersey. I commend their accomplish- and reduce needless litigation. I look forward HON. BOB ETHERIDGE ments and all they have done for Hispanic to working with Congressman TAUZIN to in- OF NORTH CAROLINA businesses throughout my home State of New clude this proposal as part of this comprehen- IN THE HOUSE OF REPRESENTATIVES Jersey. sive Superfund reform effort. f f Friday, October 24, 1997 Mr. ETHERIDGE. Mr. Speaker, I rise to call TRIBUTE TO GEORGE KARTIKIS 20TH ANNIVERSARY OF THE BAT- the attention of the Congress to North Caro- TERED WOMEN’S ALTERNATIVE lina Governor James B. Hunt, Jr.'s proclama- HON. MICHAEL PAPPAS tion of October 24, 1997 as ``United Nations OF NEW JERSEY HON. ELLEN O. TAUSCHER Day'' in North Carolina, and I join him in urg- IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA ing all citizens to participate in all activities re- Friday, October 24, 1997 IN THE HOUSE OF REPRESENTATIVES lated to this day. I commend the work of mem- Friday, October 24, 1997 bers of the United Nations Association in the Mr. PAPPAS. Mr. Speaker, I rise today to Second Congressional District and across remember the life and service of George Mrs. TAUSCHER. Mr. Speaker, I rise today North Carolina. The proclamation reads: Kartikis who served as benefactor chairman of to honor the 20th Anniversary of Battered the AHEPA Fifth District Cancer Research Women's Alternative, a non-profit agency in UNITED NATIONS DAY 1997 Foundation. I think that almost everyone has Contra Costa County, California, that serves (By the Governor of the State of North known a friend or family member that has battered women and their families. Founded in Carolina) been effected by this devastating disease. 1977, Battered Women's Alternative is a lead- A PROCLAMATION This organization is responsible for fundraising er, providing technical assistance and re- WHEREAS, the United Nations system was and grant awarding to scientists and research sources to many other programs across the founded in 1945, and the anniversary of its medical institutions whose primary goal is to country. founding is observed each year on October 24; find a cure for cancer. Mr. Kartikis played a As we are all too aware, domestic violence and WHEREAS, the United Nations system has very important role in this organization, and on is the leading cause of injury to women be- a commendable record of achievement and November 1 the foundation will honor him. tween the ages 15 and 44 in the United faces extraordinary challenges in preventing In 1996, under the direction of Mr. Kartikis, States. More women are injured as a result of and resolving conflict, protecting the earth’s the foundation awarded grants to the Fox domestic violence than are injured in car acci- environment, elevating standards of living Chase Cancer Center, the Cancer Institute of dents, muggings, and rapes combined. through sustainable economic development, New Jersey and Hackensack Medical Center Women of all cultures, races, occupations, in- and promoting humane and democratic val- in the amount of $170,000. This is no small come levels, and ages are battered by hus- ues; and donation and it was made possible because of bands, boyfriends, and partners. Batterers are WHEREAS, the United Nations is the only organization capable of dealing with the the efforts of many generous individuals, in- not restricted to low-income or unemployed global implications of a post-Cold War, and cluding Mr. Kartikis. The entire cancer re- men. Approximately one-third of the men who the best vehicle for finding collective solu- search community in this country will miss his undergo counseling for battering are profes- tions to these challenges; and energy and dedication to this most worthy sional men who are well-respected in their WHEREAS, the work of the United Nations cause. jobs and their communities. These include impacts all Americans, directly affecting George Kartikis set an example of giving. doctors, psychologists, lawyers, ministers, and their health, security, economic freedom and He lent a hand to help cure a disease that af- business executives. Domestic violence also democratic values; and fects millions of Americans. Mr. Speaker, let affects children. Half the children who live in WHEREAS, the United States was one of us all learn by his example. violent homes experience some form of phys- the founding members of the United Nations, representing the fervent desire of the United ical abuse. Unfortunately, one-third of boys f States and its World War II allies to ‘‘save who grow up in violent homes become succeeding generations from the scourge of THE SUPERFUND RECYCLING batterers themselves, simply perpetuating the war’’; and EQUITY ACT INTRODUCED cycle. WHEREAS, the United Nations deserves For 20 years, Battered Women's Alternative support from both the United States govern- HON. DAN SCHAEFER has provided a safe haven for those women ment and American citizens if it is to con- tinue its important work in the 21st century; OF COLORADO who have taken the critical first step and es- and IN THE HOUSE OF REPRESENTATIVES caped from their homes. Battered Women's Alternative serves more than 15,500 women WHEREAS, Judge William A. Creech was Friday, October 24, 1997 appointed Chair of United Nations Day in annually through its 24-hour crisis line, emer- North Carolina to work with a United Na- Mr. DAN SCHAEFER of Colorado. Mr. gency shelter, safe homes, traditional housing, tions Day Committee composed of commu- Speaker, today, Congressman BILLY TAUZIN legal advocacy, counseling, employment as- nity leaders to organize events and activities introduced the Superfund Recycling Equity sistance and placement programs. Battered to educate citizens about the continuing Act. I am an original cosponsor of this meas- Women's Alternative also conducts extensive need for the United Nations, and United ure. educational programs in the hopes of prevent- States leadership in a changing world; This legislation is similar to a proposal of- ing future instances of domestic violence, NOW, THEREFORE, I, JAMES B. HUNT fered during the 104th Congress by then-Rep- many of which are targeted toward abusive JR., Governor of the State of North Carolina, resentative Blanche Lincoln. That bill had 238 men as well as younger children. do hereby proclaim October 24, 1997, as ‘‘United Nations Day’’ in North Carolina, cosponsors and enjoyed overwhelming sup- Battered Women's Alternative is the largest and urge all our citizens to participate in all port of industry, environmental groups, the domestic violence agency in the Bay Area and activities related to this day. Clinton administration. This year's bill has the is the only agency which serves my constitu- JAMES B. HUNT JR., same broad base of support. ents in the 10th District. The cities and County Governor of North Carolina. October 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2087 TRIBUTE TO THE GOOD COMPANY garding emerging needs in the criminal justice leagues join me in recognizing the excellent PLAYERS system. Clearly, Therese is a woman of great work of the St. John's Baptist Church. courage who has demonstrated the vision and f spirit that is necessary to raise awareness and HON. GEORGE P. RADANOVICH SUPPORT MORAN SUBSTITUTE TO OF CALIFORNIA bring about real change. A female pioneer in police enforcement and D.C. APPROPRIATIONS IN THE HOUSE OF REPRESENTATIVES public administration, Therese brought to light SPEECH OF Friday, October 24, 1997 the need for community policing and greater Mr. RADANOVICH. Mr. Speaker, I rise representation of women officers, as well as HON. MAX SANDLIN today to pay tribute to the Good Company the plight of underprivileged and abused chil- OF TEXAS Players of Fresno. Good Company Players is dren. That these issues are still of concern IN THE HOUSE OF REPRESENTATIVES an exceptionally talented theater production today illustrates that Therese was way ahead Thursday, October 9, 1997 company where Fresnans can view the per- of the curve when she began examining them over 30 years ago. Without question, Therese The House in Committee of the Whole forming arts. House on the State of the Union had under The Good Company Players opened its is an excellent choice for this award, as her consideration the bill (H.R. 2607) making ap- doors in 1973 in the ballroom of the Fresno life has the power to inspire young women propriations for the government of the Dis- Hilton. After three summers there and two who may have doubts about the validity of trict of Columbia and other activities summers at other Fresno auditoriums, Good their own worth and aspirations. chargeable in whole or in part against the Company Players moved to its current location I, along with my distinguished colleagues revenues of said District for the fiscal year at Roger Rocka's Music Hall. With its form western Pennsylvania, salute your most ending September 30, 1998, and for other pur- poses: yearround performances, Good Company recent award, Mom's House Courageous Players became the centerpiece in Fresno's Woman of 1997. Please accept our most sin- Mr. SANDLIN. Mr. Chairman, I rise in sup- Tower District, a cultural and entertainment cere congratulations and best wishes for con- port of the Moran amendment to the D.C. ap- hub in the central valley. Finally, 1982 marked tinued success. propriations bill. I find the arguments of the the opening of Good Company's Second f gentlelady from the District of Columbia, the members of the Congressional Black Caucus, Space Theater which accommodates perform- HONORING THE 68TH ANNIVER- and the minority members of the Appropria- ances from school groups and junior pro- SARY OF THE ST. JOHN’S BAP- tions Committee to be most persuasive. This grams. TIST CHURCH Good Company is the premier production bill breaks the rules of the House. Once again, company throughout the Fresno area and has the Republican majority is attempting to legis- entertained 1,250,000 people. Over 1,683 per- HON. ROBERT MENENDEZ late on an appropriations bill. They have OF NEW JERSEY formers have participated in a total of 7,500 thrown everything but the kitchen sink into this IN THE HOUSE OF REPRESENTATIVES shows. Currently, Good Company offers 12 bill. They cannot pass their social agenda on performances a year and several acting work- Friday, October 24, 1997 a national scale, so they are starting small shops for both children and adults. Mr. MENENDEZ. Mr. Speaker, I rise to pay with one city. As Fresno's gateway to Broadway, Good tribute to the founding family and faithful mem- The Moran substitute eliminates some of the Company boasts several acclaimed alumni. bers of the St. John's Baptist Church of Jersey more egregious provisions of the bill. First, it Specifically, Audra McDonaldÐwho plays City, NJ. On October 25, 1997, at the Newark deletes the provision that establishes a new Eponine in Les MiserablesÐis a two-time Airport Hilton in Elizabeth, NJ, the church will program to provide educational scholarships to Tony winner. Other Broadway veterans in- celebrate its 68th anniversary of service. low-income students. In our country, every clude Sarah Uriate, Duane Boutte, Sharon St. John's Baptist Church was inspired and child is guaranteed the right to a free, public Leal and Tony nominee Bob Westenberg. founded by Rev. Franklin Saunders, Deacons education. We have all heard the horror sto- ries about the terrible state of disrepair of the Along with Broadway, Good Company has B.J. Johnson and George Bedtison, and a DC schools. There is no doubt about the fact launched many of Fresno's residents into tele- handful of faithful members in 1929. That when we have statistics from reliable sources vision, technical and choreographic careers. same year, the newly established church at like the GAO telling us that in 1996, 49 per- Mr. Speaker, it is with great honor that I pay 121 York Street in Jersey City, NJ was incor- cent of the schools in the District had at least tribute to the Good Company Players of Fres- porated by the State of New Jersey. Before one building in need of extensive repair and no. I ask my colleagues to join me in wishing settling in to its current location at 525 68 percent had at least one unsatisfactory en- the Good Company Players many more years Bramhall Avenue in 1948, the church relo- vironmental condition. cated three times within Jersey City: The cor- of success. Rather than aggravating the situation, we ner of Monmouth and Grand Streets, 291 f should be working to improve the DC public Grand Street, and 70 Monticello Avenue. The IN HONOR OF THERESE ROCCO, schools. Unfortunately, the misguided Repub- latter purchase, during the Depression in lican Leadership has chosen to ``fix'' this prob- MOM’S HOUSE 1997 COURAGEOUS 1936, required two men of substantial employ- WOMAN lem by including a proposal to provide up to mentÐDeacons Johnson and Bedtison as sig- $3,200 per student so that 2,000 children from natories on a note for $4008 to qualify for pur- low-income families could attend private HON. MICHAEL F. DOYLE chase of that property. schools. This plan will drain $45 million in The church has not only survived for 68 OF PENNSYLVANIA Federal funds away from the public schools al- years but also thrived, while enriching the IN THE HOUSE OF REPRESENTATIVES ready in dire straits and will do absolutely community. The church's numerous humani- Friday, October 24, 1997 nothing for the 97 percent of students in the tarian public service projects and the friendly Mr. DOYLE. Mr. Speaker, the contributions District who remain in the public schools. nature of its members has helped make Jer- Only two private schools in DC have tuition made by Therese Rocco to our local commu- sey City and the surrounding area a better rates lower than the amount provided by the nities and our Nation serve as a testament to place to live. For 68 years, members and cler- ``scholarships''. This plan does not provide any the lasting impact that can be achieved by a gy have worked diligently to ensure the suc- great ``choice'' for most families in the District. single individual. It is with extreme pleasure cess of the church and the community. It simply adds two schools to the many public that I congratulate Therese on being named Among the faithful St. John's members and schools they can currently choose. Those two Mom's House Courageous Woman of 1997. contributors over the years are Reverend schools, however, still have the option of say- Therese's accomplishments are as exten- Sammie Hawkins, Jr., Reverend Brawner, As- ing ``no'' to any student who does not meet sive as they are impressive. Her efforts have sociate Ministers Reverend Richard Hare and their standards for admission. In fact, even if won praise from the Federal Bureau of Inves- Leroy Witcher and Reverend R.L. Williams. they did not decline admission to students tigation, several mayors of Pittsburgh, the Reverend Hawkins, the church's new adminis- based on their admission requirements, they International Association of the Chiefs of Po- trator, originally from East Dublin, GA arrived would have to decline admission to the large lice, Allegheny County Commissioners, the permanently on December 28, 1990 with his majority of students simply due to inadequate Pennsylvania State Service Commission, and lovely wife, Sister Latichal Hawkins, and space. Newsweek magazine, to name a few. Therese daughters, Ebony and Valerie. has been rightly recognized not only for her It is an honor to have such an outstanding The public schools of the District will con- skill and dedication, but for her foresight re- congregation in my district. I ask that my col- tinue to fund facilities, staff, and administrative E2088 CONGRESSIONAL RECORD — Extensions of Remarks October 24, 1997 support regardless of what Congress does. In- TRIBUTE TO BISHOP LARRY D. ing from physical therapy to health care ad- stead of taking tax dollars out of the DC TROTTER ministration. I commend the VA for its commit- schools and placing those schools at risk of ment to develop a workforce which reflects the even greater disrepair, we must direct funds to HON. BOBBY L. RUSH communities served by the VA health care fix the problems so all of the children in the OF ILLINOIS system. District have an opportunity to learn in a safe, IN THE HOUSE OF REPRESENTATIVES f well-equipped public school. The $45 million in Friday, October 24, 1997 CONGRATULATIONS TO KEVIN question would be much better spent on McCARTHY school renovation, basic repairs, and improve- Mr. RUSH. Mr. Speaker, on October 26, ments in academic performance. 1997, the Sweet Holy Spirit Full Gospel Bap- tist Church will come together to honor a great HON. BILL PASCRELL, JR. General BectonÐwho was appointed by the man. Their senior pastor, Bishop Larry D. OF NEW JERSEY Control Board created by Congress only last Trotter, will celebrate 16 years of leadership IN THE HOUSE OF REPRESENTATIVES yearÐis implementing a program to improve within this august body and almost a lifetime academic quality, corporate and community Friday, October 24, 1997 of service to the community as well. relationships, infrastructure and management As a child, Bishop Trotter had an extraor- Mr. PASCRELL. Mr. Speaker, I rise today to in the District's schools. The five schools dinary desire to serve God. He attended Sun- honor my good friend CAROLYN MCCARTHY, where the reforms are in place have shown day school regularly and dedicated his life to and her son Kevin who will be getting married dramatic improvement in only 6 months. The Christ at the young age of 12. His unwavering very soon. public schools in our Nation's capital should dedication continued throughout high school Each of us are familiar with the cir- be a shining example for the rest of the coun- and into adulthood. cumstances that inspired CAROLYN to seek try, but they will never be if we do not give the It was not until 1981 that Bishop Trotter was election to this House. Since the day she ar- programs already in place a chance to work. called to minister at Sweet Holy Spirit Full rived, her commitment to making our society Second, the Moran substitute eliminates the Gospel Baptist Church. Once there he led the safe and to improving the lives of those she provisions of the committee bill that allow for body from a membership of only 20 active pa- represents has been an inspiration to us all. I know that CAROLYN is immensely proud of the waiver of the Davis-Bacon Act. The Re- rishioners to one with over 3,000 parishioners. her son, who has demonstrated remarkable publicans are once again using the unions as Bishop Trotter's work extends far beyond strength in overcoming odds most of us would a straw man to gain support for their position. the church. His ministry has taken him around find insurmountable. They are trying to say that the Democrats are the world to countries such as Uganda, Kevin McCarthy is truly a ``profile in cour- bowing to the pressure of the union bosses. Kenya, Belgium, and Israel. Bishop Trotter de- age,'' and I am proud today to join those from veloped a C.A.R.E.ÐCounseling, Activity Re- Well, Mr. Speaker, I don't even know what a our class in wishing he and his fiance Leslie source and EducationÐCenter and organized union boss is. The union members I know are Nolan all the love and happiness in the world several antidrug and anticrime marches hardworking men and women working for a on their wedding day. throughout the city. Bishop Trotter has main- boss. I oppose this provision because it just One phrase that is too often thrown around tained these and other commitments while doesn't make good economic sense. these days is ``family values.'' If anyone really having time to reach out to thousands through Research has shown that construction costs wants to know the meaning of that phrase, his weekly radio and television broadcasts. in States with prevailing wage laws are lower they need to look no further than to CAROLYN I am pleased to be here today in honor of than in States without such laws. In addition, and Kevin McCarthy. Bishop Larry D. Trotter. I with the bishop and It is a privilege to serve in this body with Davis-Bacon ensures that we have a skilled the Sweet Holy Spirit Full Gospel Baptist CAROLYN, and to honor her son Kevin for the workforce that produces a quality product that Church many continued years of growth and life he has ledÐand wish him all the best in will last for many years. This year, the Dis- success. his new life with Leslie: trict's schools were 3 weeks late opening be- f cause of the crumbling schools. Why would BACKGROUND ON THE WEDDING OF KEVIN we want the District schools to go through this TRIBUTE TO VA-HACU HEALTH MCCARTHY AND LESLIE NOLAN ordeal again a few years down the road be- CARE INTERN PARTNERSHIP Kevin McCarthy and Leslie Nolan met last cause their schools were rebuilt with shoddy fall during his mother’s successful 1996 Con- construction? gressional campaign. Previous to her em- HON. CIRO D. RODRIGUEZ ployment with NASA, Leslie had worked for Third, the Moran substitute eliminates the OF TEXAS 10 years on Capitol Hill. With the political provision that sets limits on punitive damages IN THE HOUSE OF REPRESENTATIVES season heating up, she got the itch to get in medical malpractice suits in the District. Friday, October 24, 1997 back into the game and contacted a friend at When people go to the doctor, they place their EMILY’s List, a campaign resource group for trust in that doctor. They expect and deserve Mr. RODRIGUEZ. Mr. Speaker, I rise today female candidates, where she was hooked up to receive competent, ethical, professional to commend the Veterans Administration and with the McCarthy campaign. She arranged treatmentÐand most receive it. Clearly, we the Hispanic Association of Colleges and Uni- to take 6 weeks of vacation and came to have the finest medical professionals in the versities [HACU] for undertaking a new part- Long Island to volunteer for the campaign. She became the candidate’s travel assistant. world. However, when citizens are maimed or nership aimed at increasing Hispanic participa- tion in health care professions. The program is Leslie returned home in November to her killed due to medical malpractice, they or their job as a Senior Policy Analyst at NASA survivors deserve a remedy. being launched this morning at the Audie L. Headquarters in Washington, D.C. The cou- Murphy Memorial Veterans Hospital in San The District ranks 45th nationwide in doctor ple began a long distance relationship via Antonio. VA Under Secretary for Health Dr. the telephone, train and New York shuttles. discipline recordsÐone of the worst in the Kenneth Kizer and HACU President Dr. Anto- They became engaged on April 26, 1997 at country. Without an effective disciplinary nio Flores will be present at the kick-off cere- Longwood Gardens in Pennsylvania. Kevin board, punitive damages are the only means mony. got down on one knee and proposed with a to punish physicians for egregious wrongs. By The program's goal is to place Hispanic in- diamond engagement ring and a card in front capping punitive damages, we dramatically re- terns in VA facilities across the country, pro- of Longwood’s beautiful waterfall. Leslie re- duce the ability of the District's civil justice ceived a dozen roses each day the week be- viding them hands-on experience in a variety fore the engagement! system to deter wrongdoing by negligent doc- of VA health care settings. Students accepted tors. The citizens of the District deserve better. Their wedding will be celebrated by Dea- into the summer internship program will work con John Reinhart at the Corpus Christi Mr. Chairman, today I stand with the mem- at medical centers, outpatient clinics, nursing Catholic Church in Mineola. 225 guests are bers of the Black Caucus in opposition to this homes and community-based clinics, thus pro- expected. The couple will celebrate their bill. We cannot continue to ignore the needs of viding a broad spectrum of experience oppor- nuptials with a wedding ball at the historic the District. Now is not the time for this ill-con- tunities. Oheka Castle in Huntington. They will hon- ceived, irresponsible plan to advance the Re- The interns will complement over 100,000 eymoon in the Caribbean and are planning to make their home on Long Island. publican legislative agenda to a simple appro- health care professionals who are trained at Kevin McCarthy is the only child of Con- priations bill. I urge my colleagues to support VA facilities across the country. This experi- gresswoman Carolyn McCarthy and the late the Moran substitute and stop this social ex- ence is designed to educate interns who are Dennis McCarthy. Kevin is a Mutual Funds perimentation. pursuing careers in health care services, rang- Clerk with Prudential Securities in New October 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2089 York City. He is a graduate of the New York PRIVATE PROPERTY RIGHTS to Federal court until it is ripe, or local resolu- Institute of Technology and is presently pur- IMPLEMENTATION ACT OF 1997 tion processes and State court appeals have suing a Masters in Business Administration been exhausted. This bill shortens the period in International Business at the same school. SPEECH OF after which ripeness occurs. Leslie Nolan is the oldest child of Mary HON. JANE HARMAN Property use decisions are appropriately the and Nicholas Nolan, Sr. of Upper Marlboro, provence of local communities and States. OF CALIFORNIA Maryland. Until recently she resided in H.R. 1534 is intended to affect a streamlining IN THE HOUSE OF REPRESENTATIVES Bowie, Maryland. Leslie is employed by of a time-consuming process where land- NASA’s Goddard Institute for Space Studies Wednesday, October 22, 1997 owners are denied a requested use but where the ultimate question is a constitutional oneÐ as Assistant Chief for Outreach in New York The House in Committee of the Whole City. She has 2 sisters & 1 brother, as well as House on the State of the Union had under has there been a taking. In my view, the op- 3 nieces and 1 nephew. Leslie is a graduate of consideration the bill, (H.R. 1534) to simplify portunity to answer that question is appro- the University of Maryland. Her paternal and expedite access to the Federal courts for priately accelerated under the bill and appro- grandparents, John and Mary Nolan of Ven- injured parties whose rights and privileges, priately raised before the Federal courts. ice, Florida, recently celebrated their 60th secured by the U.S. Constitution, have been I support H.R. 1534 and look forward to wedding anniversary. Her maternal grand- deprived by final actions of Federal agencies, making such changes as necessary to ensure parents, Jules & Iola Jorgenson, reside in or other Government officials or entities act- it protects property rights consistent with the Fremont, Nebraska. ing under color of State law; to prevent Fed- Constitution. eral courts from abstaining from exercising f Federal jurisdiction in actions where no f State law claim is alleged; to permit certifi- THE LOWER RIO GRANDE VALLEY cation of unsettled State law questions that NATIONAL WILDLIFE CORRIDOR TRIBUTE TO GOLDA GILCREASE are essential to resolving Federal claims HENGST arising under the Constitution; and to clar- ´ ify when Government action is sufficiently HON. RUBEN HINOJOSA final to ripen certain Federal claims arising OF TEXAS HON. GEORGE P. RADANOVICH under the Constitution: IN THE HOUSE OF REPRESENTATIVES Ms. HARMAN. Mr. Chairman, earlier this Friday, October 24, 1997 OF CALIFORNIA week, I voted in support of H.R. 1534, the Pri- Mr. HINOJOSA. Mr. Speaker, to say I am IN THE HOUSE OF REPRESENTATIVES vate Property Rights Implementation Act. disappointed with the outcome of the Interior As with most measure this body considers, Appropriations Conference Report as it per- Friday, October 24, 1997 the bill is a first broad stroke at a very impor- tains to the Lower Rio Grande Valley National tant problemÐhelping property owners resolve Wildlife Corridor would be an understatement. Mr. RADANOVICH. Mr. Speaker, I rise as quickly as possible issues related to land today to pay tribute to Golda Gilcrease Hengst The level of funding agreed to by the con- use. The bill is intended to afford property ferees does not in any way reflect the priority on the occasion of her 100th birthday. The owners access to Federal courts when con- this is to the administration, to the House, and event will be celebrated on October 26, 1997. stitutionally protected rights have been taken most importantly to the Nation. Ms. Hengst was born on October 28, 1897 or affected by government actions. The administration requested $2.8 million for in Lemoore, CA. She had a romantic child- To be sure, the bill needs some tailoring of the wildlife corridor, which is truly a national hood playing in the orchards and vineyards of its provisions and, as it moves forward, I be- treasure. I wholeheartedly supported this $2.8 lieve that in working with landowners, environ- the rich California countryside before attending million request, and was successful here in mentalists, and local officials such tailoring will Lemoore Union High School. After studying at the House in securing this amount. To see this occur. But to vote down the bill is a mistake. the University of California at Berkeley, she re- amount reduced by $1.9 million in conference It is a mistake. It is a mistake because reforms reflects a true lack of vision not to mention a turned home and fell in love with William E. need to be made in this area of our law and lack of commitment to preserving one of Hengst, a very successful car dealer. In those we need to begin the process by which these America's most priceless legacies. days, Mr. Hengst served double duty as a reforms can be made. H.R. 1534 is that begin- By providing only $900,000 for land acquisi- driving instructor, as most buyers of new auto- ning. tion, the conferees have ignored the impor- mobiles had never even driven before. I very much appreciate the concerns raised tance of acting now to purchase lands from in- William's skills were in great demand during by local elected officials. Dee Hardison, the dividuals willing to sell valuable wildlife habitat mayor of Torrance, the largest city in my dis- World War I, so he answered our Nation's call to the refuge. And let me point out that this is trict, outlined in a letter to me the effect city of- by serving as an airplane mechanic in France. not a parochial issue. For years the Lower Rio ficials believe H.R. 1534 might have. But let Grande Valley NWR has ranked first among After the War, William and Golda were re- me point out that local governments will have the Nation's wildlife refuges. It is famous for its united and moved to Exeter, CA. Exeter no new limits imposed on their ability to zone wealth of birds. Half of all bird species in the brought the Hengst's more good fortune as or regulate land use. Local agencies will still United States are found here. they tried their hand at the plum farming busi- have at least two and up to three opportuni- The unparalleled wildlife richness is in dan- ness. The Hengst's plums soon became ties, including one involving elected officials, to ger. Twenty-one species in the Valley are fed- known for being of such high quality that they resolve land use controversies before their de- erally listed as endangered or threatened, and decided to patent two of their varieties. Today, cision will be defined as final. another 3 species are considered imperilled in their Golden Nectar and October Gem vari- At that point, under the bill, landowners will Texas. More than 100 of the 465 bird species eties remain industry leaders in taste, size, be afforded recourse to file private property found in the Valley are considered by the and pulp. takings cases in Federal court. Takings cases, Texas Partners in Flight program to be ``spe- or claims that a State or local government ac- cies of special interest.'' Along with ranching, Golda performed book- tion reduced the value of property, take on av- Funding for the conservation land acquisi- keeping, served on the local school board and erage over 9 years of litigation before conclu- tions through the Land and Water Conserva- was a member of the Exeter Women's Club. sion, yet it is important to point out that the tion Fund (LWCF) has fallen short of the exist- She has been blessed with 5 daughters, 10 legal basis for takings cases is the fifth ing need for years. This year, the President grandchildren, 20 great grandchildren and 12 amendment prohibition against taking private and the Congress agreed in the Balanced great-great grandchildren. Currently, Golda re- property without just compensation. Budget Agreement to provide an additional mains fairly active and enjoys spending time Because some landowners do not have the $700 million for the LWCF. This was to be in with all members of her family. resources to defend their cases for so long addition to the $166 million included in the and that the current situation causes unrea- President's request for fiscal year 1998. While Mr. Speaker, it is with great honor that I pay sonable delay in resolving takings cases, the the conferees have retained the total request, tribute to the 100th birthday of Golda Hengst. bill allows property owners to take their cases restrictions have been imposed that directly Ms. Hengst's entrepreneurship serves as a directly to Federal courts, thereby circumvent- undercut funding for high-priority land acquisi- model for all Americans. I ask my colleagues ing the more lengthy and often disadvanta- tions such as the Lower Rio Grande Valley to join me in wishing Golda Hengst all the geous State courts or local resolution proc- National Wildlife Refuge. Diverting these al- best. esses. Under current law, the cases cannot go ready scarce funds to other uses, including E2090 CONGRESSIONAL RECORD — Extensions of Remarks October 24, 1997 construction of a road and maintenance of 20TH ANNIVERSARY OF THE Which sort of makes me feel, like I could do buildings and other structures in refuges and FOUNDING OF THE CONGRES- it too. parks, undercuts the entire purpose of the SIONAL CAUCUS ON WOMEN’S IS- On Tuesdays I would stitch, two hours before SUES noon, Land and Water Conservation Fund and re- and I would cut the blue part, in the month duces America's ability to conserve its vulner- of June. able wildlife. HON. MICHAEL R. McNULTY In the month of July, I had few done, This initiative ranks among my highest prior- OF NEW YORK so I moved the stars on, one by one. Then who came to visit me, ities here in Congress. As I have this year, I IN THE HOUSE OF REPRESENTATIVES will in the next session continue to do all I can when I felt like a shrewd boss? Washington Friday, October 24, 1997 and Morris, and John’s uncle Ross. to see that this refuge receives the attention They had some news to tell me, about our and the funding it deserves. I hope my House Mr. MCNULTY. Mr. Speaker, I am pleased nation’s flag. colleagues will join with me in this deserving to join with Representative ELEANOR HOLMES I didn’t want to dispute or begin to brag. effort. NORTON and others in commemorating the I knew their news was true, every single 20th anniversary of the founding of the Con- word. f gressional Caucus on Women's Issues. Because when I was in school, that’s the les- Since it was first formed in 1977, the Cau- son I heard. IN MEMORY OF DR. LUIS cus has had a tremendous impact on this When the men had left, and months and days FERNANDEZ-CAUBI body, and has played an important role in ef- went by, I had got the flag done! My oh my. forts to recognize that the diversity of America I went to pursue Washington, to tell him my HON. ILEANA ROS-LEHTINEN is our preeminent strength. good news, John Kennedy once said: ``Effort and cour- and when I finally got there, he did not OF FLORIDA age are not enough without purpose and di- refuse. IN THE HOUSE OF REPRESENTATIVES rection.'' For the last 20 years the Caucus has George used the flag when he went near and given direction and purpose to issues of par- far, Friday, October 24, 1997 ticular importance to women, families, and he even told the people what I used from the sewing jar. Ms. ROS-LEHTINEN. Mr. Speaker, I would children. f like to take this opportunity to remember a In the last few years the Caucus has under- gone some changes, but its role as the pre- great friend, outstanding lawyer, loving father, UNIVERSITY OF TOLEDO CELE- mier vehicle for raising and addressing the and a true patriot, Dr. Luis Fernandez-Caubi, BRATES ITS 125TH ANNIVERSARY who was born in Sagua la Grande, the son of concerns of women has remained the same. a schoolteacher and a businessman. He was The Caucus has shaped critical public policy HON. MARCY KAPTUR a lawyer and an ardent defender of human such as equal pay, domestic violence, breast OF OHIO rights and those accused of anti-Castro activi- cancer research, family leave and access to IN THE HOUSE OF REPRESENTATIVES ties by the Communist Government of Cuba. quality health care. While we have made significant advances in After immigrating to the United States, his Friday, October 24, 1997 moving toward gender equity, progress has adoptive country, he continued the fight Ms. KAPTUR. Mr. Speaker, I rise today to been slow and much more work needs to be against Castro's tyranny, a fight that led him to recognize the 125th anniversary of the Univer- done. If we hope to ensure equality, this Con- the United Nations in 1988 and which contin- sity of Toledo. Throughout its history and into gress must continue the commitment nec- ued in Spain, France, and other countries until the present, the University of Toledo has been essary to remove the economic, political and his demise. cause for great pride and growth in our com- educational barriers which hinder far too many munity, educating our citizens and providing Dr. Fernandez-Caubi studied law at the Uni- women. brighter futures as a result. In its first 125 versity of Havana and began his law practice As the father of four daughters, I am well years, the University of Toledo has developed in 1948. He was admitted to the Florida bar aware of the obstacles which women face and tremendously. UT is a nationally recognized after his completion of studies at the Univer- I am proud of the progress we've made in the public university with a wide range of under- sity of Florida and continued his practice until last 20 years. Many of these changes are a di- graduate and graduate programs serving stu- his death. rect result of the great work done by the Cau- dents across Ohio, all 50 States, and 98 coun- Dr. Fernandez-Caubi was a renowned au- cusÐin serving as a catalyst in efforts to in- tries. The University of Toledo is a leader in thor, winning journalism awards for his political crease opportunity and ensure equality for all enrolling National Merit Scholars. In further commentary and books which included Americans. testament to its success, it has grown from ``Justicia y Terror'', an indictment of the judicial In celebration of these achievements, I urge only one building on one campus to more than system under communism and ``Apuntes all Members of the HouseÐand all my fellow 60 on several campuses today. Sobre La Nacionalidad Cubana''. He also AmericansÐto recognize the accomplishments The mission of the University of Toledo is hosted programs for radio and TV stations, in- of the Congressional Caucus on Women's Is- manifold. UT strives for excellence in research cluding Radio Marti. sues on the occasion of its 20th anniversary. and scholarship and is equally concerned with In the legal arena, his firm led a coalition of f disseminating this knowledge through its aca- law firms in representing the elderly in the LIKE BETSY ROSS demic programs. The University is highly com- precedent setting Meek versus Martinez law- mitted to helping students achieve their high- suit to entitle the elderly in south Florida to re- est potential by providing open access to the ceive their proportionate share of benefits from HON. DOUG BEREUTER institution and challenging course work within the government; his firm also advocated for OF NEBRASKA its programs. Further the University of Toledo human rights in the United Nations, which IN THE HOUSE OF REPRESENTATIVES holds the promotion of pluralism, racial diver- eventually led to the condemnation of Cuba Friday, October 24, 1997 sity, and gender representation as high prior- for its human rights abuses. He represented ities, making the University a place in which all Mr. BEREUTER Mr. Speaker, this Member numerous indigents, including the Mariel Cu- types of people and viewpoints are valued. highly commends to his colleagues the follow- bans at the Terre Haute penitentiary, and won Renaissance writer John Heywood captured ing poem by Miss Anne Louise Rezac, who is three Pro Bono Publico Service Awards. He the spirit of UT's philosophy when he wrote, a third grader at East Butler Public School in participated in local politics and received the ``The very spring and root of honesty and vir- my congressional district. The poem is enti- City of Miami Citizen of the Year Award in tue lie in a good education.'' The University's tled, ``Like Betsy Ross.'' Miss Rezac's poem 1992, and the Sagua La Grande Favorite Son guiding principles of freedom of expression was chosen for publication by the Mile High Distinction, among many honors. and social justice make clear that UT proudly Poetry Society of Denver, CO, in its anthology Dr. Fernandez-Caubi was the father of 5 operates by the same belief system. of poems titled ``Muse.'' children and had 10 grandchildren, who were I am pleased to join the community to rec- his pride and joy. He lived a full and rewarding LIKE BETSY ROSS ognize, with gratitude, the University of Tole- life, and his legacy will live in the hearts of all (By Anne Louise Rezac) do's 125 years of excellence in education. I who had the opportunity to be associated with Betsy made a flag out of colors, red, white, know my colleagues join me in wishing the him. blue, University a happy 125th anniversary. October 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2091 JACK WALLACE RETIREMENT The ecumenical patriarch of Constantinople ington, D.C., kind of lie—that’s where the emerged as the world center of the Orthodox other person knows you’re lying and he knows you know.’’ HON. PAUL E. KANJORSKI Church during the Great Schism in 1054. It That’s a good description of the recent de- OF PENNSYLVANIA was at this time that ecumenical was recog- bate in Congress on the defense budget and IN THE HOUSE OF REPRESENTATIVES nized by other Orthodox hierarchies as the President Clinton’s decision to expand principal patriarch of the faith. This position, NATO. A brief review of the end of the Cold Friday, October 24, 1997 although influential and significant, also rep- War makes the case. Mr. KANJORSKI. Mr. Speaker, I rise today resents the lives and sacrifices of the per- The West won the Cold War decisively. The to pay tribute to a veteran newspaper reporter Berlin Wall came down in 1989. By 1991 all secuted Orthodox Christians of the 20th cen- Communist regimes in Central and Eastern and noted labor leader from my Congressional tury. Specifically, the ecumenical works in Europe had collapsed, the Warsaw Pact had District in Pennsylvania, Mr. Jack Wallace. memory of the 700,000 Orthodox Serbians ceased to exist and the Soviet Union had dis- This week Jack will be honored on the occa- killed by Hitler and the thousands of Orthodox solved. By 1994 Russian troops had with- sion of his retirement from the Citizens' Voice Christians repressed in the former Soviet sat- drawn from former Soviet satellites. More- Newspaper in Wilkes-Barre, Pennsylvania. ellites. over, tough conventional arms agreements Jack is an institution in Wilkes-Barre, and I am As the new millennium approaches, Ecu- were reached in 1990–92 by the West, Russia and all other former Communist nations. pleased to join his friends and colleagues in menical Patriarch Bartholomew is striving for Also by 1994 Belarus, Kazakhstan and the recognizing his outstanding career. religious reconciliation and toleration. Evi- Ukraine had given up all of their nuclear Although Jack's byline has appeared on dence of this is the Ecumenical's establish- weapons and signed the Nuclear Non-Pro- only two articles during his 46-year career, he ment of an Orthodox archdiocese in China liferation Treaty. The United States and has written thousands of stories. And, though during a landmark visit to Hong Kong in 1996. Russia began to implement the Strategic he has not gotten recognition for his author- Similarly, his commitment to bring harmony Arms Reduction Treaty, START I, reducing their nuclear weapons. Moreover, START II, ship, he is the most recognized face at the between the Christian, Jewish, and Islamic re- with even greater reductions in nuclear Luzerne County Courthouse, his beat for 29 ligions led to cosponsorship of the Peace and weapons, was signed by the United States years. During the course of his career, he has Tolerance Conference in Istanbul in 1994. The and Russia, though only the United States covered eight District Attorneys beginning in Ecumenical Patriarch Bartholomew's most cur- has ratified it. 1968 and numerous County Commissioners, rent undertaking is facilitating peace and unity Finally, all observers agree that the Rus- elected officials, and political campaigns. among the Catholic, Muslim, and Orthodox sian military has sharply degraded and could not prevail even in Chechnya. In contrast, Jack began his career 46 years ago with the communities of the former Yugoslavia. the United States is the only remaining su- Wilkes-Barre Publishing Company in its main- Mr. Speaker, it is with great honor that I perpower. tenance department. As was common in those welcome His All Holiness Bartholomew, ecu- So what about U.S. defense spending at days, he worked his way up to reporter. A menical patriarch of Constantinople in his visit near Cold War levels and the expansion of strong supporter of labor unions and the right to the United States. His character and wis- NATO? for workers to organize for representation, he dom are symbolic of his outstanding service Recently, the House and Senate approved a $268 billion military budget bill. That’s 51⁄2 was actively involved with the Newspaper as a religious leader and human being. I ask times what Russia spends. It’s 18 times as Guild. He served 3 years as an executive my colleagues to join me in wishing Ecumeni- large as the combined spending of Cuba, board member, 7 years as union vice-presi- cal Patriarch Bartholomew continued happi- Iran, Iraq, Libya, North Korea, Sudan and dent and 29 years as the local president. ness and inspirational religious leadership. Syria. Moreover, U.S. defense spending Along with his journalistic endeavors, Jack f dwarfs what all our NATO allies and Japan is also active in the community. He is a mem- spend combined. But it gets worse. ber of St. Therese's church, the Friendly Sons PERSONAL EXPLANATION The House version of the $268 billion mili- tary budget bill calls for buying more B-2 of St. Patrick, the Donegal Society and the bombers, which the Pentagon does not need Ancient Order of Hibernians. He was a little HON. PETER J. VISCLOSKY or want. The final price tag will be about $27 league baseball umpire for 16 years. OF INDIANA billion for planes that have no mission. Mr. Speaker, I am proud to join with Jack's IN THE HOUSE OF REPRESENTATIVES Wisconsin can be proud that only one member of the state’s congressional delega- many friends, his family, coworkers and the Friday, October 24, 1997 community in honoring this dedicated profes- tion—GOP Rep. Mark Neumann—voted for this bonanza for defense contractors. And, sional. I send Jack my best wishes for a Mr. VISCLOSKY. Mr. Speaker, I was un- avoidably detained and unable to vote on roll- most members of the Wisconsin congres- happy, productive retirement and congratulate sional delegation, in the spirit of bipartisan- him on an exemplary career in journalism. call Nos. 523 through 525. Had I been ship, went on to vote against the wasteful f present, I would have voted ``no'' on rollcall $268 billion military budget bill. No. 523, the Rangel amendment to H.R. 2646; There were two exceptions. Democratic A WELCOME TO HIS ALL HOLI- ``no'' on rollcall No. 524, passage of H.R. Ray Jay Johnson deserves a dart for voting NESS BARTHOLOMEW, ECUMENI- 2646; and ``yes'' on rollcall No. 525, in support for this bad bill. And, Neumann, after voting CAL PATRIARCH OF CON- of House Resolution 276, offered by Demo- for the B–2 bombers, did not bother to vote on final passage of the military budget bill, STANTINOPLE cratic Leader GEPHARDT regarding the which had the funds for the B–2. Sanchez-Dornan case. But what about the expansion of NATO? HON. GEORGE RADANOVICH f Perhaps former Wisconsin Rep. Bob Kasten- OF CALIFORNIA meier said it best. ‘‘NATO expansion is an THOUGHTS ON NATO extension of American power and influence, IN THE HOUSE OF REPRESENTATIVES and represents an abject inability of Euro- Friday, October 24, 1997 HON. TOM BARRETT pean leaders to take responsibility for what happens in Europe. What should really be of Mr. RADANOVICH. Mr. Speaker, I rise OF WISCONSIN interest to the U.S. is joining together the today to welcome His All Holiness Bartholo- IN THE HOUSE OF REPRESENTATIVES East and West in the European Union.’’ mew, ecumenical patriarch of Constantinople Friday, October 24, 1997 Kastenmeier added: ‘‘If the expansion of as he comes to visit the United States. His NATO is not aimed at Russia, then who?’’ service as a religious leader has provided a Mr. BARRETT of Wisconsin. Mr. Speaker, I Similarly, retired Rear Admiral Eugene great deal of inspiration and spiritual leader- would like to enter into the RECORD an article Carroll of the Center for Defense Informa- ship to millions of Orthodox Christians. on NATO expansion written by a respected re- tion, a Washington, D.C., think tank, said: ‘‘The U.S. is cynical and misrepresents the Ecumenical Patriarch Bartholomew is the porter from my home State of Wisconsin, Mr. Bill Kaplan. purpose of NATO expansion. Its purpose is to current Archbishop of Constantinople of the prevent a Soviet (Russian) revival. And, it 2,000-year-old Orthodox Christian Church. Mr. Kaplan's article appeared in the Satur- will change NATO from a defense alliance to The title of ``ecumenical'' means that Patriarch day, August 2, 1997, edition of the Wisconsin one based on hegemony.’’ Bartholomew is the worldwide father and spir- State Journal: Carroll went on to say: ‘‘It will cost a lot and prevent further nuclear arms control— itual leader of nearly 300 million Orthodox NATO EXPANSION NEEDS PUBLIC DEBATE nukes will become a safety net for the Rus- Christians. It is the role of Ecumenical Patri- (By Bill Kaplan) sians.’’ arch Bartholomew to coordinate the work of In the film ‘‘Advice and Consent’’ actor Wisconsin Rep. David Obey warned ‘‘The the Orthodox Church, to convene councils and Henry Fonda, playing a U.S. secretary of expansion of NATO will create a new division to facilitate inter-Church and inter-faith dialogs. State nominee, says: ‘‘Son, this is a Wash- in Europe. It will move the line eastward.’’ E2092 CONGRESSIONAL RECORD — Extensions of Remarks October 24, 1997 Yet, there has been almost no public de- vaudeville shows. He quickly picked up tap's the importance of passing his craft to the next bate on what is the most far-reaching foreign intricate rhythms, fused them with his own generation of tappers. Mr. Sotry taught at the policy initiative in a generation. gliding energy, and developed a style that advanced level and provided lectures and However, Sen. John Warner, R-Va., and 19 demonstrations both at home and abroad. In other senators, recently sent a letter to seemed effortless in its execution. President Clinton questioning the expansion When he was 14 years old, he began danc- the 1980's Lloyd Storey taught tap in Europe of NATO. This bipartisan group spans the ing in New York's Apollo Theatre as a mem- and Japan as part of a cultural exchange pro- gamut from conservative Sen. Jesse Helms, ber of the famed Apollo Chorus Boys. Al- gram. R-N.C., to liberal Sen. Paul Wellstone, D- though his career was interrupted by World In addition to his dance career, Mr. Storey Minn. So why didn’t Wisconsin’s Feingold War II where he served as a member of the earned a bachelor of arts degree and a mas- and Kohl sign on? U.S. Navy shore patrol, Ninth Naval District, ter of social work degree from Wayne State It is time for both Wisconsin senators to he quickly fell into step upon his return home. University. He was a program director for the step forward and join the debate. As Warner One of Mr. Storey's most notable accomplish- Neighborhood Service Organization in Detroit pointed out. NATO expansion requires two- ments was his membership in New York's ex- until his retirement in 1989. thirds of the Senate to vote for it, and the Mr. Storey's last professional performances ‘‘Senate’s approval is no mere formality.’’ clusive Hoofer's Club. Better yet, Feingold and Kohl ought to con- Throughout his life, Lloyd Storey introduced were in 1995 with the European tour of the vene grass roots hearings in Wisconsin to the joy and the beauty of tap dancing to ap- Tony-Award-winning Broadway production of find out what the state’s residents think be- preciative audiences around the globe. A so- ``Black and Blue.'' He was taken ill while per- fore the Senate votes on NATO expansion. cial worker by training, he knew the cultural forming on stage in Zurich, Switzerland. Lloyd f and historical significance of this indigenous Storey was far more than a gifted dancer and dance form, and he dedicated his life to teach- dedicated community activist. He was a man MR. KILDEE RECOGNIZES THE ing others of its value. Indeed, he was a major whose elegance on the dance floor was a re- LAKE ORION YOUTH TO YOUTH/ contributor to the rebirth of tap in our country. flection of his innate grace and style. He was PRIDE PROGRAM It was because of cultrual legends such as a loving husband and father and a trusted Mr. Storey that I intoduced legislation to des- friend whose buoyant spirit and lively sense of HON. DALE E. KILDEE ignate May 25 as National Tap Dance Day. humor rivaled the movement of his feet. Survi- vors include his wife, Joyce; five children and OF MICHIGAN The companion bill was introduced by U.S. four grandchildren. IN THE HOUSE OF REPRESENTATIVES Senator ALFONSE D'AMATO. May 25 was se- lected as National Tap Dance Day because it Mr. Speaker, our Nation and our world are Friday, October 24, 1997 is the anniversary of the birth of Bill richer because a gentleman named Lloyd Mr. KILDEE. Mr. Speaker, I rise today to ``Bojangles'' Robinson who made outstanding Storey was gracious enough to share his love urge my colleagues in the House of Rep- contributions to this art form on both stage of tap dancing with us. resentatives to join me in honoring an excep- and film. On November 7, 1989, President f tional group of young people participating in George Bush signed the bill into law. THE HISTORIC LEGACY OF LEWIS Youth to Youth/Pride Program in Lake Orion, The language in the House Joint Resolution AND CLARK MI. 131 says that tap dancing reflects ``the fusion These dedicated students have been se- of African and European cultures into an ex- HON. JERRY F. COSTELLO lected to represent the State of Michigan at emplification of the American spirit, that should OF ILLINOIS the International Drug Free Conference in Ber- be, through documentation, and archival and IN THE HOUSE OF REPRESENTATIVES muda, November 12±16, 1997. I am very performance support, transmitted to succeed- proud of these individuals for their efforts on ing generations.`` Friday, October 24, 1997 behalf of drug and alcohol free youth. The House Joint Resolution 131 continues: ``it is Mr. COSTELLO. ***STRPGFIT*** Mr. honor of being chosen to participate in the in the best interest of the people of our Nation Speaker, I rise today to urge my colleagues to conference in Bermuda is proof of the caliber to preserve, promote and celebrate this join me in supporting legislation which will of these young people. uniquely American art form'' because of tap draw attention to the historic legacy of I am honored to represent this group in dancing's historic and continuing influence on Meriwether Lewis and William Clark and their Congress. They have set an example worthy other American art forms. journey West as the first white Americans to of praise, and one which I hope will be met by I am proud to say, Mr. Speaker, that Lloyd reach the Pacific. others who will pledge to do their part in our Storey was able to testify before the U.S. Con- It is little known outside of my congressional fight against drugs. With cooperation between gress on this bill. His role in gaining national district that Lewis and Clark began their mis- teens and adults we can work to achieve our recognition for tap dancing was noted by his sion West near Wood River, IL. Lewis, Clark, mutual goal of providing an environment family in the remarks in his obituary. and their expedition spent the winter of 1803 where our children are strengthened in their Our society lost a true culture bearer with near what is now home to the communities of resolve not to use drugs or alcohol. the death of Lloyd Storey. Over the years, he Hartford and Wood River, IL, at the confluence Mr. Speaker, I urge my colleagues to recog- performed with Fletcher Henderson at Chi- of the Mississippi and Missouri Rivers. During nize the commitment of all the young people cago's Regal Theatre, with Count Basie and this winter season final selections of area participating in Youth to Youth/Pride programs. Andy Kirk at the Apollo, and with Gregory woodsmen and soldiers were made for the They deserve both our gratitude and our sup- Hines at Detroit's Fisher Theatre and Orches- journey to the Pacific. port. tra Hall. I only have time to skim the list of the This expedition, my colleagues will recall, f gifted performers with whom he appeared. He came about by an act of Congress. On Feb- displayed his talent with the likes of Louis ruary 28, 1803, Congress appropriated funds TRIBUTE TO LLOYD STOREY Armstrong, Cab Calloway, Duke Ellington, for a small U.S. Army unit to explore the Mis- Redd Foxx, Peg Leg Bates and Tony Bennett. souri and Columbia Rivers and inform western HON. JOHN CONYERS, JR. In Detroit, a city that proudly claims Lloyd Indian tribes that traders would soon come to OF MICHIGAN Storey as its own, this legendary performer buy their furs. President Jefferson was in- creasingly concerned about British furriers and IN THE HOUSE OF REPRESENTATIVES was living proof that greatness attracts great- ness. His performances with such luminaries trappers expanding their influence south, Friday, October 24, 1997 as Dr. Theodore Harris Jr., J.C. Heard, through Canada, into American territories. Ir- Mr. CONYERS. Mr. Speaker, I rise today to Marcus Belgrave, and Dr. Beans Bowles lifted ving W. Anderson, past president of the Lewis pay tribute to Lloyd Storey, a man whose con- audiences from their chairs in a swell of pure and Clark Heritage Foundation, describes the tributions to the uniquely American art form joy. In the early 1950's Mr. Storey and Fletch- journey's goals: known as tap dancing earned him the title of er ``T Bone'' Hollingsworth founded an ensem- The explorers were to make a detailed re- Detroit's Ambassador of Tap. Mr. Storey died ble know as the Sultans. port on western geography, climate, plants September 21 at home in Detroit. He was 74. Whenever he was asked to name the per- and animals, and to study the customs and languages of the Indians. Plans for the expe- Mr. Storey was artistic director of the Tap son who had the greatest impact on this ca- dition were almost complete when the Presi- Repertory Ensemble and a faculty member at reer, Mr. Storey did not hesitate. He named dent learned that France offered to sell all of Detroit's Center for Creative Studies. Born in his great friend and mentor Bill ``Bojangles'' Louisiana Territory to the United States. Detroit, he grew up in New York where he Robinson. Not only did Mr. Storey dance with This transfer, which was completed within a spent countless hours watching tap dancers in Bojangles' famed troupe, he learned from him year, doubled the area of the United States. October 24, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E2093 It means that Jefferson’s Army expedition Illinois legacy of these great explorers, and Despite the intent of public policy, whenever could travel all the way to the crest of the enhance what the Nation understands about a recycler processes traditional recyclable ma- Rockies on American soil, no longer needing the sacrifice and heritage of Meriwether Lewis terials and sells them to mills as feedstocks, permission from the former French owners. and William Clark's journey to the Pacific. or raw materials, for the manufacturing proc- Mr. Anderson notes that Meriwether Lewis f ess, be it paper, glass, plastic, metals, textiles, recorded in his journal that Wood River was or rubber, they are not selling a productÐbut ``to be considered the point of departure'' for THE SUPERFUND RECYCLING rather, under regulatory lawÐthey are dispos- ing of solid waste. Even though such sub- the westward journey. This 28-year-old Army EQUITY ACT stances are inert and harmless in the solid captain, who knew the President well from form, if the recycler sells material to mills that their previous residences near Charlottesville, HON. W.J. (BILLY) TAUZIN contain hazardous substances, which then VA, spent that winter selecting 45 men to OF LOUISIANA contaminates the environment solely because begin the journey West. When they left Camp IN THE HOUSE OF REPRESENTATIVES of the activity of the mill's owner/operator, DuBois on May 14, 1804 and headed West, Friday, October 24, 1997 under current legal interpretations recyclers little did they know what the journey would can be required to clean up all, or a portion, Mr. TAUZIN. of that third party contaminated site. Perhaps hold. Their Corps of Discovery reached the Mr. Speaker, today I am introducing the Pacific Ocean over a year later, in November you are thinking, I've heard this before, every- Superfund Recycling Equity Act. This legisla- body caught in Superfund always says, I didn't 1805, and began their journey back across the tion addresses an unintended consequence of pollute anything, and always points to the mountains, returning to St. Louis on Septem- Superfund which has created a serious, nega- other guy who did it. Then consider this ques- ber 23, 1806. tive impediment to our goal of increased recy- tion. If a supplier of hazardous virgin material It goes without saying that this journey was cling in our country. used as manufacturing feedstock, for example among the most significant in our Nation's his- The Superfund Recycling Equity Act is the nickel or chromium, sold it to a mill which then tory. The Louisiana Purchase and opening of product of negotiations between the Govern- creates a Superfund site, what portion of the ment, representatives of the environmental the West to new exploration and development cleanup is assigned to the supplier of the vir- community, and the scrap recycling industry. gin material? paved the way for settlement of California, es- The bill which I am introducing is the same as tablishment of a greater American union and The answer is none, not one penny. Neither H.R. 820 of the 104th Congress with some the mill's owner/operator, nor the government relocation of millions of Americans westward modifications addressing the concerns of the can seek cleanup costs from suppliers of vir- throughout the 20th century. And while Ameri- paper industry. The original negotiating parties gin materials. Why? Because legal interpreta- cans can identify F. Clatsop and other Lewis have agreed to these minor changes. I am tions consider virgin materials to be products, and Clark historic sites, many do not yet know pleased that once again, this legislation at- not wastes. One does not dispose of a prod- about the Lewis and Clark Site No. 1, Camp tracts incredible support from numerous mem- uct. But, one discards, or disposes, of waste. bers across the ideological spectrum. DuBois, near Wood River, IL. That is the in- It the waste contains a hazardous substance The Superfund Recycling Equity Act aims to found at the site, the person who shipped the tention of this legislation. level the playing field between recyclable I want to congratulate the dedicated individ- waste to the site and the owner/operator, if paper, glass, plastic, metals, textiles, and rub- one still exists, are required to pay the cost of uals in my congressional district who have ber and the competitive virgin materials where cleanup. worked for years to build the Lewis and Clark both the recyclable and virgin materials can be My bill does not relieve the recycler of liabil- memorial, which now stands at the confluence used as manufacturing feedstocks. Specifi- ity for contamination related to the recycler's of the Mississippi and Missouri Rivers. In par- cally, the bill relieves those who sell the recy- disposing of wastes off-site. My bill deals only ticular, Mr. George Arnold, who is president of clable materials from Superfund's liability re- gime if the recyclers meet specified conditions. with Superfund liability arising from the sale of the local Lewis and Clark Memorial Society, These conditions ensure that sham recyclers recyclable material to a third party site which has dedicated many years of his life to the are excluded from the bill's benefits. In order is contaminated by that third party. legacy of Lewis and Clark and the construc- for legitimate recyclers to be relieved of Let's review this. A recycler and a virgin ma- tion of both the memorial and an interpretive Superfund liability, they must continue to pre- terial supplier each provide their product to a center to lay out the rich Illinois history of the pare their product in an environmentally sound stainless steel mill, for example. Old, dam- manner and sell their product to manufactur- aged, or obsolete stainless steel knives, forks, Lewis and Clark expedition. and spoons are sold to the mill by recyclers. My legislation has the strong support of the ers who have environmentally responsible business practices. Stainless steel is steel alloyed with nickel and Illinois congressional delegation, will call atten- The language added to the bill to accommo- chromium. Virgin material suppliers sell iron tion to this journey and seek to expedite ef- date the paper industry's concerns does three ore, chromium, a hazardous substance, and forts by local, State and Federal officials to things. It clarifies the term ``customary busi- nickel, a hazardous substance, to the same build this interpretive enter. The Congress has ness practice,'' which previously was unde- mill. The mill creates a Superfund site where played an active role in this process; in fiscal fined. It specifies that the polychlorinated chromium and nickel are found. The mill oper- year 1991, Congress appropriated $115,000 biphenyl [PCB] limits are concentration limits. ator, and/or the government, can and do seek Finally, if the EPA Administrator determines at out recyclers to help pay the cost of cleaning for land acquisition adjacent to route 3, on the up the site. Yet neither the owner/operator nor dry side of the flood levee; and in fiscal year some future date that recycled paper contains a hazardous substance heretofore unknown, the government can seek contributions for 1993, Congress appropriated $88,000 for a recyclers would share with mill owner/opera- cleanup from the virgin material suppliers of National Park Service study to determine who tors any cleanup costs. the nickel and chromium. best to build and design the center. Both of The need for this legislation occurs due to Clearly, this doesn't make sense. More im- these funds were appropriated under the 1972 rulemaking and subsequent court interpreta- portantly it stifles recycling activities in our Lewis and Clark National Historic Trail, which tions of the rulemaking, not as a consequence country. If we are serious about recycling, and remains the authorizing legislation for the in- of statutory law. The Resource Conservation I believe that the public and their public offi- terpretive center as well. and Recovery Act [RCRA] regulates the way cials are serious about it, then we must cor- rect the anomaly. Our next goal is to move forward with the in which solid wastes, both hazardous and While I strongly believe that the existing in- interpretive center. State and local resources nonhazardous, are handled. However, another important purpose of RCRA appears directly in equities need to be corrected, I remain com- are in place to begin this process; it will be a its title: To conserve and to recoverÐrecy- mitted to the swift passage of comprehensive 50±50 cost-share with the Federal Govern- cleÐscarce resources. While the RCRA stat- Superfund reform. The recyclers' concerns are ment. It is my strong hope that much of this ute states that solid wastes are discarded, or one of many problems which due to the cur- local support will be in place in the spring of disposed of, when the RCRA rule defining rent liability system and remedy selection 1998, so that we can ask the National Park solid waste was written, recyclables were in- process have prevented Superfund from ac- Service and the Congress to appropriate suffi- cluded in the promulgated regulation as a sub- complishing more. I look forward to working cient funds to begin construction of the Visi- set of solid waste. From that moment forward, with the subcommittee chairman, Mr. OXLEY, and the Commerce Committee chairman, Mr. tors Center. recyclables became, and remain, solid wasteÐnot by Act of CongressÐbut by rule- BLILEY, to ensure that a more rapid cleanup of I want to thank the local, State and Federal making. When Superfund was written, its li- NPL sites begins this Congress. officials who are now ready to work with me ability section, section 107, tracked the RCRA Please join me in cosponsoring the not only on this commemorative legislation but rulemaking language and stated that those Superfund Recycling Equity Act and encourag- also on the funding required to make the new who dispose of hazardous substances are lia- ing comprehensive reform during the 105th center a reality. It will serve as a tribute to the ble under Superfund's liability scheme. Congress. Friday, October 24, 1997 Daily Digest

HIGHLIGHTS The House agreed to the Conference report on H.R. 2107, Department of the Interior and related agencies Appropriations Act. Senate Lott Amendment No. 1318 (to Amendment No. Chamber Action 1317), to strike the limitation on obligations for ad- Routine Proceedings, pages S11173–S11213 ministrative expenses. Page S11174 Measures Introduced: Eight bills and two resolu- During consideration of this measure today, Senate tions were introduced, as follows: S. 1313–1320, S.J. also took the following action: By 43 yeas to 49 nays (Vote No. 278), three-fifths Res. 37, and S. Res. 140. Pages S11191±92 of those Senators duly chosen and sworn not having Measures Passed: voted in the affirmative, Senate failed to agree to David B. Champagne Post Office Building: Sen- close further debate on the modified committee ate passed H.R. 2013, to designate the facility of the amendment. Pages S11173±74 United States Postal Service located at 551 A fourth motion was entered to close further de- Kingstown Road in South Kingstown, Rhode Island, bate on the modified committee amendment and, in as the ‘‘David B. Champagne Post Office Building’’, accordance with the provisions of Rule XXII of the Standing Rules of the Senate, a vote on the cloture clearing the bill for the President. Page S11213 motion will occur on Tuesday, October 28, 1997. ISTEA Authorization: Senate resumed consider- Page S11187 ation of S. 1173, to authorize funds for construction Nominations Received: Senate received the follow- of highways, for highway safety programs, and for ing nominations: mass transit programs, with a modified committee William R. Ferris, of Mississippi, to be Chair- amendment (the modification being a substitute for person of the National Endowment for the Human- the text of the bill), taking action on amendments ities for a term of four years. proposed thereto, as follows: Pages S11173±74, S11187 Curt Hebert, Jr., of Mississippi, to be a Member Pending: of the Federal Energy Regulatory Commission for Chafee/Warner Amendment No. 1312, to provide the remainder of the term expiring June 30, 1999. for a continuing designation of a metropolitan plan- L. Paige Marvel, of Maryland, to be a Judge of the ning organization. Page S11174 United States Tax Court for a term of fifteen years. Chafee/Warner Amendment No. 1313 (to lan- 6 Air Force Generals. guage proposed to be stricken by the committee 23 Army Generals. amendment, as modified), of a perfecting nature. 1 Navy Admiral. Page S11213 Page S11174 Nomination Withdrawn: Senate received notifica- Chafee/Warner Amendment No. 1314 (to Amend- tion of the withdrawal of the following nomination: ment No. 1313), of a perfecting nature. Page S11174 Curt Herbert, Jr., of Mississippi, to be a Member Motion to recommit the bill to the Committee on of the Federal Energy Regulatory Commission. Environment and Public Works, with instructions. Page S11213 Page S11174 Messages From the House: Page S11191 Lott Amendment No. 1317 (to instructions of the motion to recommit), to authorize funds for con- Measures Read First Time: Page S11191 struction of highways, for highway safety programs, Statements on Introduced Bills: and for mass transit programs. Page S11174 Pages S11192±S11205 Additional Cosponsors: Pages S11205±06 D1140 October 24, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1141

Amendments Submitted: Pages S11206±10 States, with the rank of Ambassador, Christopher C. Additional Statements: Pages S11210±12 Ashby, of Connecticut, to be Ambassador to the Ori- ental Republic of Uruguay, Timothy Michael Car- Record Votes: One record vote was taken today. ney, of Washington, to be Ambassador to the Re- (Total–278) Pages S11173±74 public of Haiti, and Stanley Louis McLelland, of Adjournment: Senate convened at 9:45 a.m., and Texas, to be Ambassador to Jamaica, after the nomi- adjourned at 2:08 p.m., until 12 noon, on Monday, nees testified and answered questions in their own October 27, 1997. (For Senate’s program, see the re- behalf. marks of the Majority Leader in today’s Record on page S11213.) TAX COMPENSATION Committee on Governmental Affairs: Committee held Committee Meetings hearings on H.R. 1953, to clarify State authority to tax compensation paid to certain employees and to (Committees not listed did not meet) provide that the income of certain employees at NATIONAL EXPORT STRATEGY three specific Federal facilities located astride State Committee on Banking, Housing, and Urban Affairs: boundaries is to be taxed by the State of which the Committee concluded hearings to review the fifth employee is a resident, receiving testimony from annual report of the Trade Promotion Coordinating Senator Gregg; Representative Bryant; Maine Attor- Committee (TPCC) on the status of our national ex- ney General Andrew Ketterer, Augusta; New Hamp- port strategy and the steps taken by TPCC agencies shire Attorney General Philip T. McLaughlin, Con- to implement the U.S. trade promotion agenda, after cord; William M. Remington, Delaware State Divi- receiving testimony from William M. Daley, Sec- sion of Revenue, Dover, on behalf of the Federation retary of Commerce; and James A. Harmon, Presi- of Tax Administrators; James Charles Smith, Univer- dent, Export-Import Bank of the United States. sity of Georgia, Athens; George W. Kaelin, on be- half of the concerned Citizens of Tennessee, Edwin NOMINATIONS M. Wilson, and Dorothy J. Smith, all of Clarksville, Committee on Foreign Relations: Committee concluded Tennessee; Gary W. York, Gavins Point Dam, hearings on the nominations of Carolyn Curiel, of Yankton, South Dakota; and Roger Hays, on behalf Indiana, to be Ambassador to Belize, Victor Marrero, of the United Power Trades Organization, of New York, to be the Permanent Representative of Kennewick, Washington. the United States to the Organization of American Hearings were recessed subject to call. D1142 CONGRESSIONAL RECORD — DAILY DIGEST October 24, 1997 House of Representatives law and previous negotiated agreements between Chamber Action Amtrak and labor. Pages H9520±24 Bills Introduced: 12 public bills, H.R. 2730, Rejected the Bonior motion to rise by a recorded 2733–2743; 4 private bills, H.R. 2731–2732, vote of 195 ayes to 223 noes, Roll No. 528. 2744–2745; and 4 resolutions, H. Con. Res. Pages H9519±20 175–177 and H. Res. 281, were introduced. The House agreed to H. Res. 270, the rule that Page H9558 is providing for consideration of the bill on October Reports Filed: Reports were filed as follows: 22. Pages H8964±72 H.R. 424, to provide for increased mandatory Motion to Adjourn: Rejected the Bonior motion to minimum sentences for criminals possessing fire- adjourn by a recorded vote of 168 ayes to 244 noes, arms, amended (H. Rept. 105–344); H. Res. 280, providing for consideration of H.R. Roll No. 530. Pages H9528±29 1270, to amend the Nuclear Waste Policy Act of Interior and Related Agencies Appropriations: 1982 (H. Rept. 105–345); By a yea and nay vote of 233 yeas to 171 nays, Roll H.R. 2493, to establish a mechanism by which No. 531, the House agreed to the Conference report the Secretary of Agriculture and the Secretary of the on H.R. 2107, making appropriations for the De- Interior can provide for uniform management of live- partment of the Interior and related agencies for the stock grazing on Federal lands, amended (H. Rept. fiscal year ending September 30, 1998. 105–346 Parts 1 and 2); Pages H9529±41 H.R. 1702, to encourage the development of a Earlier, the House agreed to H. Res. 277, the rule commercial space industry in the United States, waiving points of order against the conference report amended (H. Rept. 105–347); by a yea and nay vote of 247 yeas to 166 nays, Roll H.R. 2614, to improve the reading and literacy No. 527. Pages H9506±15 skills of children and families by improving in-serv- ice instructional practices for teachers who teach Meeting Hour—October 28: Agreed that when the reading, to stimulate the development of more high- House adjourns today, it adjourn to meet at 10:30 quality family literacy programs, to support extended a.m. on Tuesday, October 28 for Morning Hour de- learning-time opportunities for children, to ensure bate. Page H9528 that children can read well and independently not Calendar Wednesday: Agreed that the business in later than third grade, amended (H. Rept. 105–348). order under the Calendar Wednesday rule be dis- Pages H9557±58 pensed with on Wednesday, October 29. Page H9542 Journal: By a recorded vote of 318 ayes to 56 noes, Legislative Program: The Majority Leader an- Roll No. 526, agreed to the Speaker’s approval of nounced the legislative program for the week of Oc- the Journal of Thursday, October 23. Pages H9505±06 tober 27. Pages H9541±42 Amtrak Reform and Privatization Act: The Senate Messages: Message received from the Senate House considered amendments to H.R. 2247, to re- today appears on page H9503. form the statutes relating to Amtrak, to authorize appropriations for Amtrak. The House completed Referral: S. 1266, to interpret the term ‘‘kidnap- general debate on October 22. Pages H9515±28 ping’’ in extradition treaties to which the United Rejected: States is a party, was referred to the committee on The Quinn substitute to the LaTourette amend- International Relations. Page H9557 ment that sought to clarify that the labor reform Quorum Calls—Votes: Two yea-and-nay votes and provisions only apply to Amtrak which would hold four recorded votes developed during the proceedings freight and transit workers harmless (rejected by a of the House today and appear on pages H9505–06, recorded vote of 195 ayes to 223 noes, Roll No. H9514–15, H9519–20, H9527–28, H9528–29, and 529). Pages H9524±28 H9540–41. Pending: There were no quorum calls. The LaTourette amendment was offered that seeks to reinstate the prohibition on the issues of contract- Adjournment: Met at 9:00 a.m. and adjourned at ing out and labor protection as they exist in current 4:10 p.m. October 24, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1143 in the report and only by the Member designated in Committee Meetings the report, shall be considered as read, shall be de- FINANCIAL SERVICES ACT batable for the time specified in the report equally Committee on Commerce: Subcommittee on Finance and divided and controlled by a proponent and an oppo- Hazardous Materials approved for full Committee ac- nent, shall not be subject to amendment and shall tion amended H.R. 10, Financial Services Act of not be subject to a demand for a division of the 1997. question in the House or in the Committee of the Whole. The rule waives points of order against the DORNAN V. SANCHEZ—CONTESTED last amendment printed in the Rules Committee re- ELECTION port for failure to comply with clause 5(a) of rule Committee on House Oversight: Task Force for the Con- XXI (prohibiting appropriations in authorization tested Election in California’s 46th Congressional measures) and section 306 of the Congressional District approved the following: a Memorandum of Budget Act of 1974 (requiring provisions in the ju- Understanding between the Task Force and the Cali- risdiction of the Committee on the Budget to be re- fornia Secretary of State; and a resolution requesting ferred to or reported by the Committee on the that the Chairman of the Committee issue Commit- Budget). The rule allows the Chairman of the Com- tee subpoenas to Nativo Lopez and Michael Farber. mittee of the Whole to reduce the voting time on IRAN MISSILE PROLIFERATION SANCTIONS any postponed question to five minutes provided ACT that that vote follows a fifteen minute vote. The rule provides one motion to recommit with or without Committee on International Relations: Ordered reported instructions. Further, the rule waives points of order amended H.R. 2709, Iran Missile Proliferation Sanc- against consideration in the House of S. 104 for fail- tions Act of 1997. ure to comply with section 306 of the Congressional NUCLEAR WASTE POLICY ACT Budget Act of 1974 (requiring provisions in the ju- Committee on Rules: Granted, by voice vote, a struc- risdiction of the Committee on the Budget to be re- tured rule on H.R. 1270, Nuclear Waste Policy Act ferred to or reported by the Committee on the of 1997, providing one hour of general debate equal- Budget). The rule provides for the consideration of ly divided and controlled by the chairman and rank- a motion to strike all after the enacting clause of S. ing minority member of the Committee on Com- 104 and to insert in lieu thereof the provisions of merce and twenty minutes of general debate equally H.R. 1270, as passed by the House. Finally, the rule divided and controlled by the chairman and ranking provides that upon the adoption of the Motion and minority member of the Committee on Resources. the Senate bill as amended, it is in order to move The rule waives points of order against consideration that the House insist on its amendment to S. 104 of the bill for failure to comply with section 306 of and request a conference thereon. Testimony was the Congressional Budget Act of 1974 (requiring heard from Representatives Dan Schaefer of Colo- provisions in the jurisdiction of the Committee on rado, Hastert, Crapo, Upton, Ensign, Gibbons, Hall the Budget to be referred to or reported by the of Texas, Markey, Engel, McCarthy of Missouri, Committee on the Budget). The rule provides for DeGette, Kildee, and Kucinich. consideration of the bill for amendment under the five minute rule. The rule provides for the consider- SPACE SOLAR POWER ation of the amendment in the nature of a substitute Committee on Science: Subcommittee on Space and Aer- recommended by the Committee on Commerce as an onautics held a hearing on Space Solar Power: A original bill for the purpose of amendment. The rule Fresh Look. Testimony was heard from John waives points of order against the committee amend- Mankins, Manager, Advanced Concepts Studies, Of- ment in the nature of a substitute for failure to com- fice of Space Flight, NASA; and public witnesses. ply with clause 5(a) of rule XXI (prohibiting appro- priations in authorization measures) and section 306 f of the Congressional Budget Act of 1974 (requiring CONGRESSIONAL PROGRAM AHEAD provisions in the jurisdiction of the Committee on the Budget to be referred to or reported by the Week of October 27 through November 1, 1997 Committee on the Budget). The rule also provides that, notwithstanding clause 5(c) of rule XXIII (re- Senate Chamber lating to motions to strike unfunded mandates), for On Monday, Senate will consider the nomination consideration of only those amendments printed in of Algenon L. Marbley, of Ohio, to be U.S. District the report of the Committee on Rules and that these Judge for the Southern District of Ohio, with a vote amendments may only be offered in the order listed to occur thereon. D1144 CONGRESSIONAL RECORD — DAILY DIGEST October 24, 1997 On Tuesday, Senate will resume consideration of S. of Proposed Rulemaking on regional haze regulations im- 1173, Intermodal Surface Transportation Act, with a plementing Section 169A and 169B of the Clean Air Act, vote on a motion to close further debate on the 2 p.m., SD–366. modified committee amendment to occur thereon. October 29, Subcommittee on National Parks, Historic Also, during the week, Senate may resume consid- Preservation, and Recreation, to hold hearings on S. 638, eration of S. 1156, D.C. Appropriations, 1998, con- to provide for the expeditious completion of the acquisi- tion of private mineral interests within the Mount St. ference report on H.R. 2107, Interior Appropria- Helens National Volcanic Monument mandated by the tions, 1998, and consider further conference reports, 1982 Act that established the monument, 2 p.m., when available, and any cleared legislative and exec- SD–366. utive business. October 30, Subcommittee on Forests and Public Land (Senate will recess on Tuesday, October 28, 1997 from Management, to hold hearings on S. 1253, to provide to 12:30 p.m. until 2:15 p.m. for respective party con- the Federal land management agencies the authority and ferences.) capability to manage effectively the federal land in ac- cordance with the principles of multiple use and sus- Senate Committees tained yield, 9:30 a.m., SD–366. October 30, Subcommittee on Water and Power, to (Committee meetings are open unless otherwise indicated) hold hearings to review the Federal Energy Regulatory Committee on Banking, Housing, and Urban Affairs: Octo- Commission’s hydroelectric relicensing procedures, 2 ber 28, Subcommittee on Financial Services and Tech- p.m., SD–366. nology, to hold hearings to examine electronic authentic- Committee on Environment and Public Works: October 28, ity and digital signature issues, 10:30 a.m., SD–538. to hold hearings on the nomination of Kenneth R. Committee on the Budget: October 28, to hold hearings Wykle, of Virginia, to be Administrator of the Federal to examine the state of American education, 2 p.m., Highway Administration, Department of Transportation, SD–608. 9 a.m., SD–406. October 29, Full Committee, to hold hearings to ex- October 30, Full Committee, to hold hearings on evi- amine U.S. policy implications for NATO enlargement, dentiary privileges or immunity from prosecution for vol- European Union expansion and the European Monetary untary environmental audits, 9:30 a.m., SD–406. Union, 10 a.m., SD–608. Committee on Foreign Relations: October 28, to hold hear- October 30, Full Committee, to hold hearings to ex- ings to examine costs, benefits, burdensharing and mili- amine funding for international affairs, 2 p.m., SD–608. tary implications of NATO enlargement, 10 a.m., Committee on Commerce, Science, and Transportation: Octo- SD–419. ber 28, to hold hearings to examine aviation competition issues, 2:30 p.m., SR–253. October 28, Full Committee, to hold hearings on the October 29, Subcommittee on Oceans and Fisheries, to nominations of Richard Frank Celeste, of Ohio, to be hold hearings to examine the future of the National Oce- Ambassador to India, Shaun Edward Donnelly, of Indi- anic and Atmospheric Administration Corps, and S. 877, ana, to be Ambassador to the Democratic Socialist Re- to disestablish the National Oceanic and Atmospheric public of Sri Lanka, and to serve concurrently as Ambas- Administration Corps of Commissioned Officers, 9:30 sador to the Republic of Maldives, Edward M. Gabriel, a.m., SR–253. of the District of Columbia, to be Ambassador to the October 29, Full Committee, to hold hearings on S. Kingdom of Morocco, Cameron R. Hume, of New York, 943 and H.R. 2005, bills to revise Federal aviation law to be Ambassador to the Democratic and Popular Repub- to declare that nothing in such law or in the Death on lic of Algeria, Daniel Charles Kurtzer, of Maryland, to be the High Seas Act shall affect any remedy existing at Ambassador to the Arab Republic of Egypt, James A. common law or under State law with respect to any in- Larocco, of Virginia, to be Ambassador to the State of jury or death arising out of any aviation incident occur- Kuwait, and Edward S. Walker, Jr., of Maryland, to be ring on or after January 1, 1995, 2 p.m., SR–253. Ambassador to Israel, 2 p.m., SD–419. October 30, Full Committee, to hold hearings on the October 29, Full Committee, to hold hearings on the nominations of William Clyburn, Jr., of South Carolina, nominations of Amy L. Bondurant, of the District of Co- to be a Member of the Surface Transportation Board, De- lumbia, to be Representative of the United States of partment of Transportation, and Duncan T. Moore, of America to the Organization for Economic Cooperation New York, and Arthur Bienenstock, of California, each to and Development, with the rank of Ambassador, Terrence be an Associate Director of the Office of Science and J. Brown, of Virginia, to be Assistant Administrator for Technology Policy, 9:30 a.m., SR–253. Management, Thomas H. Fox, of the District of Colum- October 30, Full Committee, business meeting, to con- bia, to be an Assistant Administrator for Policy and Pro- sider pending calendar business, 10 a.m., SR–253. gram Coordination, and Harriet C. Babbitt, of Arizona, Committee on Energy and Natural Resources: October 28, to be Deputy Administrator, all of the Agency for Inter- Subcommittee on Forests and Public Land Management, national Development, and Kirk K. Robertson, of Vir- to hold hearings to examine the potential impacts on, and ginia, to be Executive Vice President of the Overseas Pri- additional responsibilities for, federal land managers im- vate Investment Corporation, all of the Department of posed by the Environmental Protection Agency’s Notice State, 11 a.m., SD–419. October 24, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1145

October 29, Full Committee, to hold joint hearings Committee on Rules and Administration: October 30, to with the United States Senate Caucus on International hold hearings to examine the Senate strategic planning Narcotics Control to examine United States-Mexican co- process for infrastructure support; to be followed by a operation in efforts to combat drugs, 2 p.m., SD–106. business meeting to consider pending legislative and ad- October 29, Full Committee, to hold hearings on the ministrative matters, 9 a.m., SR–301. nominations of Joseph A. Presel, of Rhode Island, to be Committee on Indian Affairs: October 29, to hold hear- Ambassador to the Republic of Uzbekistan, Stanley ings on S. 1077, to amend the Indian Gaming Regu- Tuemler Escudero, of Florida, to be Ambassador to the latory Act, 9:30 a.m., SD–106. Republic of Azerbaijan, B. Lynn Pascoe, of Virginia, for October 30, Full Committee, business meeting, to con- the rank of Ambassador during his tenure of service as sider pending calendar business; to be followed by a hear- Special Negotiator for Nagorno-Karabakh, Steven Karl ing on the nomination of Keven Gover, of New Mexico, Pifer, of California, to be Ambassador to Ukraine, Kath- to be an Assistant Secretary of the Interior, 9:30 a.m., ryn Linda Haycock Proffitt, of Arizona, to be Ambassador SR–485. to the Republic of Malta, James Catherwood Hormel, of Select Committee on Intelligence: October 28, to hold hear- California, to be Ambassador to Luxembourg, David B. ings on proposed legislation with regard to intelligence Hermelin, of Michigan, to be Ambassador to Norway, disclosure to Congress, 2:30 p.m., SD–106. Lyndon Lowell Olson, Jr., of Texas, to be Ambassador to October 28, Full Committee, to hold closed hearings Sweden, and Gerald S. McGowan, of Virginia, to be Am- on intelligence matters, 2:30 p.m., SH–219. bassador to the Republic of Portugal, 2 p.m., SD–419. United States Senate Caucus on International Narcotics October 30, Full Committee, to hold hearings to ex- Control: October 29, to hold joint hearings with the amine the relationship between NATO and Russia, Committee on Foreign Relations to examine United Thursday at 9:30 a.m. and Thursday at 2 p.m., SD–419. States-Mexican cooperation in efforts to combat drugs, 2 Committee on Governmental Affairs: October 27, Sub- p.m., SD–106. committee on International Security, Proliferation and House Chamber Federal Services, to hold hearings to examine the safety and reliability of the nuclear stockpile, 2 p.m., SD–342. Monday, The House is not in session. October 28, 29 and 30, Full Committee, to resume Tuesday, Consideration of 7 Suspension measures; hearings to examine certain matters with regard to the 1. H. Res. 139, Dollars to Classrooms Act; committee’s special investigation on campaign financing, 2. S. 1227, Clarify Treatment of Investment Man- 10 a.m., SH–216. agers under the Employee Retirement Income Secu- October 31, Permanent Subcommittee on Investiga- tions, to hold oversight hearings on the Treasury Depart- rity Act of 1974; ment’s Office of Inspector General, 9:30 a.m., SD–342. 3. S. 923, Deny Veterans Benefits to Persons Con- Committee on the Judiciary: October 28 and 29, to hold victed of Federal Capital Offenses; hearings on pending nominations, Tuesday at 10 a.m. 4. H.R. 2367, Veterans’ Compensation Cost-of- and Wednesday at 2 p.m., SD–226. Living Adjustment Act of 1997; October 29, Subcommittee on Antitrust, Business 5. H.R. 2644, United States-Caribbean Trade Rights, and Competition, to hold hearings to examine Partnership Act; antitrust implications of the proposed settlement between 6. H.R. 1484, Redesignate the Dublin Federal the State Attorneys General and tobacco companies to Courthouse Building Located in Dublin, Georgia, as mandate a total reformation and restructuring of how to- the J. Roy Rowland Federal Courthouse; and bacco products are manufactured, marketed, and distrib- uted in America, 10 a.m., SD–226. 7. H.R. 1479, designate the Federal building and October 30, Subcommittee on Administrative Over- United States courthouse located in Miami, Florida, sight and the Courts, to hold hearings to examine victim as the ‘‘David W. Dyer Federal Courthouse’’; compensation and attorneys’ fees with regard to class ac- Consideration of the Conference Report on H.R. tion lawsuits, 2 p.m., SD–226. 1119, Department of Defense Authorization (rule Committee on Labor and Human Resources: October 27, waiving all points of order); and Subcommittee on Public Health and Safety, to hold hear- Consideration of H.R. 1270, Nuclear Waste Pol- ings to examine proposals to deter youth from using to- icy Act (rule only). bacco products, 2 p.m., SD–430. NOTE: No votes are expected before 5:00 p.m. October 28, Full Committee, to resume hearings to ex- Wednesday, Thursday, and Friday, Consideration of amine an Administration study on the confidentiality of H.R. 1270, Nuclear Waste Policy Act (structured medical information and recommendations on ways to protect the privacy of individually identifiable informa- rule); tion and to establish strong penalties for those who dis- Consideration of H.R. 2493, Uniform Manage- close such information, 10 a.m., SD–430. ment of Livestock Grazing on Federal Lands (Subject October 30, Full Committee, to hold hearings to ex- to a Rule); amine recent developments and current issues in HIV/ Consideration of H.R. 2616, Charter Schools AIDS, 10 a.m., SD–430. Amendments Act of 1997 (subject to a rule); D1146 CONGRESSIONAL RECORD — DAILY DIGEST October 24, 1997 Consideration of H.R. , Help Scholarship October 30, full Committee, hearing on the Results Act (subject to a rule); and Act: Are We Getting Results?, 2 p.m., 2154 Rayburn. Consideration of H.R. 2614, Reading Excellence October 30, Subcommittee on Human Resources, over- Act (subject to a rule); sight hearing on employee pension protections and the Department of Labor’s enforcement of the Employee Re- House Committees tirement Income Security Act, 10 a.m., 2247 Rayburn. Committee on International Relations, October 29, hearing Committee on Agriculture, October 29, hearing on H.R. on Recent Developments in Europe, 10 a.m., 2172 Ray- 2534, Agricultural Research Extension and Education Re- burn. authorization Act of 1997, 9:30 a.m., 1300 Longworth. Committee on the Judiciary, October 28, Subcommittee October 29, Subcommittee on Risk Management and on the Constitution, markup of H.J. Res. 78, proposing Specialty Crops, hearing on Review of the Commodity an amendment to the Constitution of the United States Futures Trading Commission’s Government Performance restoring religious freedom, 10 a.m., 2237 Rayburn. Results Act Report, 1 p.m., 1302 Longworth. October 29, to markup the following measures: H.R. October 30, Subcommittee on Department Operations, 1023, Ricky Ray Hemophilia Relief Fund Act of 1997; Nutrition and Foreign Agriculture, hearing on review of H.R. 1753, to provide for the establishment of not less the waste and abuse in the administration of the Food than 2,500 Boys and Girls Clubs of America facilities by Stamp Program, 10 a.m., 1300 Longworth. the year 2000; H.R. 2460, Wireless Telephone Protection Committee on Appropriations, October 29, Subcommittee Act; H.R. 429, NATO Special Immigration Amendments on Labor, Health and Human Services, and Education, of 1997; H.J. Res. 91, granting the consent of Congress hearing on Child Health, 10:00 a.m. and 2 p.m., 2358 to the Apalachicola-Chattahoocee-Flint River Basin Com- Rayburn. pact; H.J. Res. 92, granting the consent of Congress to Committee on Banking and Financial Services, October 30, the Alabama-Cossa Tallapoose River Basin Compact; H.J. Subcommittee on Capital Markets, hearing on the GAO Res 95, granting the consent of Congress to the Chicka- Report on the Office of Federal Housing Finance Over- saw Trail Economic Development Compact; H.J. Res 96, sight, 10 a.m., 2128 Rayburn. granting the consent and approval of Congress for the Committee on Commerce, October 28, Subcommittee on State of Maryland, the Commonwealth of Virginia, and Health and Environment, hearing on the following bills: the District of Columbia to amend the Washington Met- H.R. 1415, Patient Access to Responsible Care Act of ropolitan Area Transit Regulation Compact, 10 a.m., 1997; and H.R. 820, Health Insurance Bill of Rights Act 2141 Rayburn. of 1997, 2:30 p.m., 2322 Rayburn. October 30, Subcommittee on Courts and Intellectual October 29, Subcommittee on Oversight and Investiga- Property, hearing regarding copyright licensing regimes tions, hearing on Medicare Home Health, 10:30 a.m., covering retransmission of broadcast signals, 10 a.m., 2322 Rayburn. 2237 Rayburn. October 29, Subcommittee on Telecommunications, October 30, Subcommittee on Crime, hearing regard- Trade, and Consumer Protection, hearing on H.R. 2691, ing options for improving and expanding cooperation be- National Highway Traffic Safety Administration Reau- tween Federal Prison Industries and the private sector, thorization Act of 1997, 10:30 a.m., 2123 Rayburn. 9:30 a.m., 2226 Rayburn. October 30, Subcommittee on Telecommunications, Committee on Resources; October 28, Subcommittee on Trade, and Consumer Protection, hearing on Video Com- Forest and Forest Health, hearing on the following bills: petition: Access to Programming, 10 a.m., 2123 Ray- H.R. 1659, Mount St. Helens National Volcanic Monu- burn. ment Completion Act; H.R. 2416, provide for the trans- Committee on Education and the Workforce, October 29, fer of certain rights and property to the United States Subcommittee on Oversight and Investigations, hearing Forest Service in exchange for a payment from the occu- on the American Worker at a Crossroads Project, ‘‘Future pant of such property; and H.R. 2574, to consolidate cer- of Work in America’’, 10:30 a.m., 2175 Rayburn. tain mineral interest in the National grasslands in Bil- Committee on Government Reform and Oversight, October lings County, ND, through the exchange of Federal and 27, Subcommittee on Government Management, Informa- private mineral interest to enhance land management ca- tion, and Technology, hearing on Oversight of the Imple- pabilities and environmental and wildlife protection, 2 mentation of the Clinger-Cohen Act, 10 a.m., 2154 Ray- p.m., 1334 Longworth. burn. October 29, full Committee, hearing on the following October 28, Subcommittee on Civil Service, hearing on bills: H.R. 100, Guam Commonwealth Act; H.R. 2370, IRS’ Suspension of Its Affirmative Action Program, 2 Guam Judicial Empowerment Act of 1997; and S. 210, p.m., 2154 Rayburn. to amend the Organic Act of Guam, the Revised Organic October 28, Subcommittee on National Security, Inter- Act of the Virgin Islands, and the Compact of Free Asso- national Affairs and Criminal Justice, executive, hearing ciation Act, 10 a.m., 1324 Longworth. on Security Status of U.S. Personnel Overseas, 10 a.m., October 30, Subcommittee on Fisheries Conservation, 2247 Rayburn. Wildlife and Oceans, to consider pending business; fol- October 29, Subcommittee on Human Resources, will lowed by an oversight hearing to examine activities being meet to consider an oversight report on Persian Gulf War planned by the Administration for the International Year veterans’ illnesses, 10 a.m., 2154 Rayburn. of the Ocean, 10 a.m., 1334 Longworth. October 24, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D1147

October 30, to Subcommittee on National Parks and October 30, Subcommittee on Space and Aeronautics, Public Lands, to consider pending business; followed by hearing on Indemnification and Crosswaiver Authority, a hearing on the following bills: H.R. 682, National 10 a.m., 2325 Rayburn. Parks Capital Improvements Act of 1997, H.R. 2438, to Committee on Small Business, October 29, hearing on encourage establishment of appropriate trails on aban- SBA implementation of the Results Act, 11 a.m., 2360 doned railroad rights-of-way, while ensuring protection of Rayburn. certain reversionary property rights; H.R. 1995, Point Committee on Transportation and Infrastructure, October Reyes National Seashore Farmland Protection Act of 29, to markup pending legislation, 10 a.m., 2167 Ray- 1997, 10 a.m., 1324 Longworth. burn. October 30, Subcommittee on Water and Power, over- October 29, Subcommittee on Water Resources and sight hearing on Water Management Implications of the Environment, hearing on Superfund Reauthorization and 1997/98 El Nino, 2 p.m., 1324 Longworth. Reform Legislation, 1 p.m., 2167 Rayburn. Committee on Rules, October 28, to consider H.R. 2493, October 30, Subcommittee on Coast Guard and Mari- Forage Improvement Act of 1997, 5:30 p.m., H–313 time Transportation, hearing on Oil Spill Prevention Measures, 10 a.m., 2253 Rayburn. Capitol. Committee on Ways and Means, October 28, Subcommit- October 30, Subcommittee on Rules and Organization tee on Human Resources, hearing on protecting children of the House and the Subcommittee on Legislative and from the Impacts of Substance Abuse on Families Receiv- Budget Process, joint hearing on Implementation of the ing Welfare, 3 p.m., B–318 Rayburn. Unfunded Mandates Reform Act and Proposals for Re- October 28, Subcommittee on Oversight, hearing on form, 10 a.m., H–313 Capitol. the performance of the Empowerment Zone/Enterprise Committee on Science, October 28, Subcommittee on Community Program, 10 a.m., 1100 Longworth. Technology, hearing on Do You Know Who You Are Permanent Select Committee on Intelligence, October 29, ex- Doing Business With? Signatures In a Digital Age, 3 ecutive, hearing on Nonproliferation, 2 p.m., H–405 p.m., 2318 Rayburn. Capitol. October 29, full Committee, hearing on Science, Math, Engineering, and Technology Education (SMET) in Joint Meetings America—Collaboration and Coordination of Federal Joint Economic Committee: October 29, to hold hearings Agency Efforts in SMET K–12 Education, 10 a.m., 2318 to examine the role of monetary policy in a healthy eco- Rayburn. nomic expansion, 10 a.m., SD–138. D1148 CONGRESSIONAL RECORD — DAILY DIGEST October 24, 1997

Next Meeting of the SENATE 1. H. Res. 139, Dollars to Classrooms Act; 12 Noon, Monday, October 27 2. S. 1227, Clarify Treatment of Investment Managers under the Employee Retirement Income Security Act of 1974; Senate Chamber 3. S. 923, Deny Veterans Benefits to Persons Convicted of Federal Capital Offenses; Program for Monday: Senate will consider the nomina- 4. H.R. 2367, Veterans’ Compensation Cost-of-Living tion of Algenon L. Marbley, of Ohio, to be U.S. District Adjustment Act of 1997; Judge for the Southern District of Ohio, with a vote to 5. H.R. 2644, United States-Caribbean Trade Partner- occur thereon, and consider any cleared legislative and ex- ship Act; ecutive business. 6. H.R. 1484, Redesignate the Dublin Federal Court- house Building Located in Dublin, Georgia, as the J. Roy Rowland Federal Courthouse; and Next Meeting of the HOUSE OF REPRESENTATIVES 7. H.R. 1479, designate the Federal building and United States courthouse located in Miami, Florida, as 10:30 a.m., Tuesday, October 28 the ‘‘David W. Dyer Federal Courthouse’’; Consideration of the Conference Report on H.R. 1119, Department of Defense Authorization (rule waiving all House Chamber points of order); and Program for Tuesday: Consideration of 7 Suspension Consideration of H.R. 1270, Nuclear Waste Policy Act measures; (rule only).

Extensions of Remarks, as inserted in this issue

HOUSE Hulshof, Kenny C., Mo., E2084 Rodriguez, Ciro D., Tex., E2088 Hutchinson, Asa, Ark., E2082 Ros-Lehtinen, Ileana, Fla., E2090 Andrews, Robert E., N.J., E2077 Kanjorski, Paul E., Pa., E2091 Rush, Bobby L., Ill., E2088 Barcia, James A., Mich., E2074 Kaptur, Marcy, Ohio, E2073, E2090 Sandlin, Max, Tex., E2087 Schaefer, Dan, Colo., E2086 Barrett, Thomas M., Wisc., E2091 Kildee, Dale E., Mich., E2080, E2092 Schaffer, Bob, Colo., E2078 Bereuter, Doug, Nebr., E2073, E2079, E2090 Kilpatrick, Carolyn C., Mich., E2075 Serrano, Jose´ E., N.Y., E2082 Capps, Walter H., Calif., E2083 Kind, Ron, Wisc., E2082 Sherman, Brad, Calif., E2079, E2083, E2085 Christian-Green, Donna M., The Virgin Islands, E2077 Lofgren, Zoe, Calif., E2085 Spratt, John M., Jr., S.C. E2079 Conyers, John, Jr., Mich., E2092 McNulty, Michael R., N.Y., E2090 Stabenow, Debbie, Mich., E2077 Costello, Jerry F., Ill., E2092 Menendez, Robert, N.J., E2083, E2084, E2085, E2087 Stokes, Louis, Ohio, E2081 Dicks, Norman D., Wash., E2081 Pappas, Michael, N.J., E2073, E2077, E2083, E2084, Tauscher, Ellen O., Calif., E2086 Doyle, Michael F., Pa., E2087 E2086 Tauzin, W.J. (Billy), La., E2093 Etheridge, Bob, N.C., E2086 Pascrell, Bill, Jr., N.J., E2088 Thornberry, William M., ‘‘Mac’’, Tex., E2084 Visclosky, Peter J., Ind., E2076, E2079, E2091 Gilman, Benjamin A., N.Y., E2076 Paul, Ron, Tex., E2075, E2078 Walsh, James T., N.Y., E2074 Hamilton, Lee H., Ind., E2080 Pombo, Richard W., Calif., E2074 Harman, Jane, Calif., E2077, E2089 Radanovich, George P., Calif., E2083, E2084, E2085, Hinojosa, Rube´n, Tex., E2089 E2087, E2089, E2091

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