SENATE-Monday, June 17, 1991

June 17, 1991 CONGRESSIONAL RECORD-SENATE 14965 SENATE-Monday, June 17, 1991

(Legislative day of Tuesday, June 11, 1991)

The Senate met at 1 p.m., on the ex U.S. SENATE, sive American assistance. The Lebanese and piration of the recess, and was called to PRESIDENT PRO TEMPORE, their neighbors can quickly restore the vital order by the Honorable MAx BAucus, a Washington, DC, June 17,1991. ity and productivity of Lebanon's economy. To the Senate: But it will be important for the United Senator from the State of Montana. Under the provisions of rule I, section 3, of States, the United Nations, and Arab institu the Standing Rules of the Senate, I hereby tions to do their part in helping to set Leb PRAYER appoint the Honorable MAX BAucus, a Sen anon on the path of recovery. The Chaplain, the Reverend Richard ator from the State of Montana, to perform Equally important, Lebanon has yet tore the duties of the Chair. gain its sovereignty and independence. We C. Halverson, D.D., offered the follow RoBERT C. BYRD, support the Taif Accords as a necessary first ing prayer: President pro tempore. step toward lasting peace and stability in Let us pray: Let us have a moment of Lebanon. We welcome the reunification of silence for Senator BURNS and his staff. Mr. BAUCUS thereupon assumed the Beirut and the tentative steps toward a A young man on his staff was killed in chair as Acting President pro tempore. broader peace. At the same time, we regret a highway accident this weekend. the bloodshed which preceded the current fragile peace, and deplore the expansion of Beware that thou forget not the Lord RECOGNITION OF THE Syria's control of Lebanon. thy God * * *. Lest when thou hast eaten REPUBLICAN LEADER We are especially troubled that the expan and art full, and hast built goodly houses, sion of Syrian authority occurred following and dwelt therein; And when thy herds The ACTING PRESIDENT pro tem Syria's decision to join the international co and thy flocks multiply, and thy silver pore. Under the standing order, theRe alition against Iraq and Secretary Baker's and thy gold is multiplied, and all that publican leader is recognized. meeting with Syrian President Assad. It thou hast is multiplied; Then thine heart Mr. DOLE. Mr. President, I reserve would be a terrible tragedy if Syria per the leaders' time on each side. ceived that its cooperation in the war be lifted up, and thou forget the Lord thy against Saddam Hussein gained it a "green God * * *. And thou say in thine heart, The ACTING PRESIDENT pro tem pore. Without objection, it is so or light" for broader aggression in Lebanon. We My power and the might of mine hand believe it would be helpful for the Adminis hath gotten me this wealth * * * remem dered. tration to clarify its policy toward Syrian ber the Lord thy God: tor it is he that actions in Lebanon in order to avoid possible future misunderstandings. giveth thee power to get wealth * * *. HOPE FOR LEBANON And it shall be, if thou do at all forget the It would be short-sighted for the inter Lord Thy God * * * ye shall surely perish. Mr. DOLE. Mr. President, in early national community, as it focuses on Arab March, the distinguished majority Israeli relations and the questions of the Oc As the nations which the Lord destroyeth cupied Territories, to ignore the urgent need before your /ace, so shall ye perish leader, Senator MITCHELL, and I wrote to restore full Lebanese control over all of ***.-Deuteronomy 8:11-20. a letter to President Bush concerning its territory and secure the withdrawal of all Eternal God, full of grace and mercy, Lebanon. I ask unanimous consent to foreign forces from that country. this instruction of Moses which so in have printed in the RECORD at this We urge you to make Lebanon a central fluenced Abraham Lincoln reminds us point the text of that letter. concern of American policy in the post-war of Jesus' words, "No man can serve two There being no objection, the letter period. We cannot achieve a "new regional was ordered to be printed in the order" in the Middle East if we exclude Leb masters: for either he will hate the anon. one, and love the other; or else he will RECORD, as follows: Sincerely, hold to the one, and despise the other. U.S. SENATE, GEORGE D. MITCHELL. Ye cannot serve God and mammon." Washington, DC, March 1, 1991. RoBERT DOLE. (Matthew 6:24). Awaken us to the de The PRESIDENT, Mr. DOLE. The essence of that letter structive force mammon, or money, The White House, Washington, DC. was our hope that the administration has when it is first in our lives. In the DEAR MR. PRESIDENT: The end of the war in give high priority to Lebanon in our past year we have witnessed its awful the Persian Gulf will not end the problems Middle East diplomacy; that we do ev power to destroy in business, industry, and challenges of the Middle East and Gulf erything possible to nurture the sov the professions, and government. region. You have expressed your intention ereignty and territorial integrity of Forgive us our naivete about the dev that the United States play a leading role in Lebanon; that we make it clear to astation wrought by money when we addressing the issues of the region. Sec Syria that we would not trade off that allow it to master us. Forgive us for retary Baker already has described our prin cipal concerns as regional security arrange goal in pursuit of other regional goals; the ease with which we dismiss God al ments; arms proliferation; economic recon and that we sympathetically consider together or rank Him low in our prior struction; promoting peace among Israel, the Lebanon's need for both relief and re ities. Give us grace to heed the law of Arab states and the Palestinians; and pro construction aid. Moses and the wisdom of Jesus. And moting U.S. energy independence. · Last week, we received a reply from take seriously the God of our fathers. As you continue the process of identifying the President, and I want to share that, To the glory of God and the welfare of American goals and priorities in the post too, with the Senate. To that end, I ask our Nation. Amen. war Middle East, we urge you to devote seri that the text of the President's letter ous attention to the nation of Lebanon, and the continuing need to do everything we can also be printed in the RECORD. to enhance its sovereignty, independence and There being no objection, the letter APPOINTMENT OF ACTING economic recovery. was ordered to be printed in the PRESIDENT PRO TEMPORE The challenges are enormous. As a "front RECORD, as follows: The PRESIDING OFFICER. The line" state in the war, Lebanon's economy THE WHITE HOUSE, clerk will please read a communication has been severely disrupted by the inter Washington, June 6,1991. national sanctions policy and the war. That Hon. RoBERT DOLE, to the Senate from the President pro disruption follows 15 years of war inside Leb Republican Leader, U.S. Senate, Washington, tempore [Mr. BYRD]. anon, which has devastated the country. DC. The legislative clerk read the follow Reconstruction of the country must be an DEAR SENATOR DOLE: I am responding to ing letter: important priority. It will not require exten- your letter of March 1 expressing your hope

• This "bullet" symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. 14966 CONGRESSIONAL RECORD-SENATE June 17, 1991 that the Administration make Lebanon a military. This training will also enhance the Mr. President, I reserve the remain foreign policy priority in the post-war pe government's ability to take independent ac der of my time. riod. I did not respond sooner because I tion and implement its decisions. wanted the situation to clarify somewhat in I fully share your concern for Lebanon, order that I could be more specific in my re torn for sixteen years by tragic conflict. I as SURFACE TRANSPORTATION sponse. sure you that this Administration will con Lebanon is indeed high on our Middle East tinue to work to bring about enduring peace, EFFICIENCY ACT foreign policy agenda, as I noted in my prosperity, and independence for the people Mr. MITCHELL. Mr. President, I March 6 address to the Congress: "The quest of Lebanon. thank the distinguished Republican for solutions to the problems in Sincerely, leader for his comments about me. I Lebanon* * * must go forward with new GEORGE BUSH. want, if I might, at this time, to dis vigor and determination." Secretary Baker Mr. DOLE. Mr. President, I applaud cuss with the distinguished Republican has discussed Lebanon at key stops on his President Bush's letter, and the very leader the status of the pending legisla Middle East tours, and he has met twice with strong and effective policy on Lebanon Lebanese Foreign Minister Faris Bouez. We tion, the surface transportation bill, that it describes. which we have been attempting to pro hope that Lebanon will agree to participate As noted in the letter, and as most of in any Middle East peace conference. ceed on for some days now. Let me explain the precepts which underlie us will recall, the President gave im As my colleague is aware, on Friday, U.S. policy toward Lebanon. The United portant place to Lebanon in his address the caucus of Republican Senators was States supports the unity, sovereignty, inde to a joint session on March 6-saying, held, following which I was advised by pendence, and territorial integrity of Leb on that occasion: "The quest for solu the acting Republican leader that no anon. We support the withdrawal of all non tions to the problems in Lebanon* * * agreement could be obtained to have a Lebanese military forces from the country must go forward with new vigor and de vote Friday on the matter. I stated Syrian, Israeli, and Iranian. We support the termination." disarming and dissolution of all militias. We As the President's letter dem then, in response, that there was no al believe, as you stated in your letter, that the onstrates, the record of our diplomacy ternative but to discontinue action on implementation of the Taif Agreement pro since indicates that he and his admin Friday, and return today with the hope vides the best opportunity to achieve these istration have made good on that and intention of proceeding to a vote goals, to promote peace, and to encourage on the pending amendment at or as national reconciliation. pledge. Secretary Baker has made Leb anon a central item on his agenda, not close to 6 p.m. as possible. I am encouraged by certain of the recent I inquire of my colleague as to developments in Lebanon: there has been no only on his visits to Damascus, but factional fighting in over six months, boy throughout the region. We have told whether there has been any change in cotting Christian ministers have decided to the Syrians firmly that we will not the situation since the colloquy I had join the cabinet, and the Lebanese Armed sacrifice our interests in Lebanon to with the acting Republican leader on Forces have moved into South Lebanon and other regional goals. Friday, in that regard. into territory north and east of Beirut pre We have continued our strong sup Mr. DOLE. Mr. President, at about viously held by militia forces. Major Chris port for the Taif accords, and encour 10:30 this morning, we were given some tian, Druze, and Shia militias appear to be aged the very important process of dis additional numbers. The majority lead cooperating with the government's plan to er may recall that I suggested we take disarm militias and expand government au arming the various militia which in thority. the past have made a mockery of the a look at the total effort-not just the I, like you, am concerned that Syria not concept of strong central government gas tax but the total effort-going into garner undue influence over Lebanon. in Lebanon. highway construction, and those num Throughout the conflict in the Persian Gulf And we have begun to consider seri bers have been made available. and Secretary Baker's discussions in the re ously Lebanon's aid need&-and asked We have made one suggestion, one gion, we have told the Syrians that we ex some of our weal thy allies and friends suggested change, and we are waiting pect them to live up to the letter and the to consider helping Lebanon, too. again for new numbers with that one spirit of the Taif Agreement and to assist suggested change, which should be the Lebanese government to become more Obviously, there is a long way to go independent. We will work toward the end in all these areas. In particular, Syria's available momentarily. that Syrian actions in Lebanon will clearly motives and plans remain unclear; and At that point, I would like to sit be in the framework of normal relations be the Syrian-Lebanese treaty to which down with the majority leader and dis tween sovereign states. Syria must know the President refers raises more con cuss how I believe this formula might that we firmly support Lebanon's independ cerns and questions about Syrian in be better than the pending Byrd pro ence, sovereignty and territorial integrity. tentions than it resolves. And the proc posal. There might be something that We believe that the May 22 treaty between ess of disarming militia, though under the distinguished chairman of the Ap Lebanon and Syria must be measured way with some success, won't be over propriations Committee, the President against these principles and its consistency pro tempore, might agree on himself. with the Taif Agreement. What will be key is until its over. how this treaty will be implemented, and we So we are still a long, long way from So there has been that change. As intend to watch that process closely. the restoration of real Lebanese sov soon as those numbers are available, I As you suggest in your letter, economic de ereignty and territorial integrity. We will contact the majority leader di velopment is an important next step for Leb will not be there until all the militia rectly. anon. We have encouraged Lebanon's Arab are disarmed, until all foreign and for Mr. MITCHELL. Mr. President, I friends and others such as the Japanese to eign-controlled forces are withdrawn or thank my colleague. As he is aware, I assist. The Agency for International Devel disbanded, and until the Lebanese believe the change to a broader defini opment is currently reviewing our assistance central government and military es tion of effort in this context is appro program for Lebanon to see if its focus priate. I have not seen the precise should be shifted away from relief toward re tablishes real control. construction and development. We are also But things are on the right track change. But I think, if we are going to trying to assist the Lebanese government Lebanon is, and our policy toward Leb reward States for effort, there ought to strengthen its central instruments through anon is. At long last, there are grounds be the most precise measurement of ef the release of non-lethal military equipment for some hope. fort possible that relates to the subject in Lebanon's Foreign Military Sales (FMS) So I commend the majority leader for matter of the bill. pipeline, and through an International Mili his long-time and deep interest in this I just state that it remains my hope tary Education and Training (!MET) pro important issue, and I thank him for and intention that we can proceed to a gram. Although we have had to place the joining me in sending our letter to the vote on either the pending Byrd !MET program on hold due to Congressional objections, we would hope soon to be able to President. And I commend the Presi amendment or some matter in relation resume this valuable training. This particu dent for his persuasive reply and, far to the bill at or as close to 6 o'clock as lar program enables us to instill in Lebanese more, for the effective policy he and possible. I have received calls from a officers Western military precepts such as his administration have forged, and are number of Senators wanting to know respect for law and civilian control of the implementing. what would occur, and I have had to June 17, 1991 CONGRESSIONAL RECORD-SENATE 14967 tell them all, and state now to all amendments related thereto. But I ators permitted to speak therein for those Senators who have called me di think that the Republican leader is not to exceed 5 minutes each. rectly but I am sure are concerned, correct as to the major part of the bill. Mr. DOLE. I suggest the absence of a that in the absence of an agreement, as I expect some additional amendments quorum. every Senator knows, there is no way and some additional time to deal with The ACTING PRESIDENT pro tem to assure that a vote will occur or, if those amendments. I hope it will go as pore. The clerk will call the roll. one does occur, at what time, since any rapidly as possible because, as my pre The legislative clerk proceeded to Senator has the ability under the rules vious statements indicated, I am anx call the roll. to delay votes on any measure. ious to proceed to disposition of this Mr. GRASSLEY. Mr. President, I ask But it remains my hope and inten bill and go to the crime bill. I thank unanimous consent that the order for tion that we will be able to get either my colleague. the quorum call be rescinded. a specific unanimous-consent agree Mr. President, I reserve the remain The ACTING PRESIDENT pro tem ment or reach a point in the proceed der of my leader time. pore. Without objection, it is so or ings that we can have one or more Mr. DOLE. Mr. President, I still have dered. votes this evening. I am not able to leader time? The ACTING PRESIDENT pro tem provide Senators any assurance in that EXTENSION OF MORNING regard since I 1 do not have the capacity pore. The Senator is correct. The Sen to do so absent consent, and we do not ator has 10 minutes remaining. BUSINESS have consent yet. So I look forward to Mr. GRASSLEY. Mr. President, I ask discussing the matter with my col unanimous consent that morning busi league. ENOUGH IS ENOUGH ness be extended to the hour of 2:30, Mr. DOLE. Mr. President, if the ma Mr. DOLE. Mr. President, this week with Senators being permitted to speak jority leader will yield further, I am end the national news media had a car therein for 5 minu tea. also advised that at 2 o'clock the so load of fun blasting the White House The ACTING PRESIDENT pro tem called donor States will be meeting to Chief of Staff for what they say is the pore. Without objection, it is so or go over these newest numbers. That latest example of improper travel by dered. meeting will take place at 2 o'clock, as Mr. Sununu. the majority leader has indicated. I Today,Isay,enoughisenough. have had a number of calls from Sen As hard as the media are pressing to CONGRESSIONAL CALL TO ators. Some say they cannot be here separate Mr. Sununu from his job, it CONSCIENCE this evening, do not want to vote this just is not going to happen. The truth Mr. GRASSLEY. Mr. President, evening. I have not been able to give is, when you are Chief of Staff at the today I am proud to commemorate the them any promise either, as indicated White House you do not lead a normal 15th anniversary of the Congressional by the majority leader. But we are in life. When you report directly to the Call to Conscience. Each week, through the process of doing a whip check on President of the United States, you the call to conscience, Congress brings this side to see how many are available live a 24-hour-a-day commitment to a attention to Soviet refusenik cases in and at what time this evening they hot seat that few people could handle. order to urge the Soviet Union to allow would be available. There is no privacy, little room for them freedom. It is my honor to serve I will pass that information on to the your family, and never any downtime as Chairman of the Call to Conscience majority leader as soon as I have it. when you are guaranteed nothing will in the 102d Congress, along with my Mr. MITCHELL. I thank my col happen. It is a huge sacrifice, and an colleagues Senators KoHL and LAUTEN league. even bigger responsibility. As recent BERG. As previously indicated, there will be events have dramatically dem The year 1991 is shaping up as yet an a caucus of Democratic Senators at 3:30 onstrated-from Panama to the Per other historic year for the emigration p.m. today in S-207 in the Capitol for sian Gulf-dealing with national secu of Soviet Jews. I am proud of the role the purposes of explaining the sub rity emergencies is no 9-to-5 job. Congress has played in making this ex stance of the current amendment and When it is time to talk to President odus a reality. Over the years, our Gov the various objects of disagreement Bush, or the Cabinet, I do not want ernment made the free emigration for that have arisen in the past several John Sununu on the telephone from Jews and other religious and ethnic mi days and also to seek to obtain the the Trump Shuttle, the Amtrak norities a condition precedent in our ability to move forward to voting this Metroliner, or a nearby 7-11. diplomatic and economic relations evening and hopefully dispose of this So let us give the White House some with the Soviet Union. Our efforts have bill in the near future. I wish to say, as credit-it has been forthright and pub helped make it possible for tens of I have said several previous times, lic in its review of Mr. Sununu's air thousands of Soviet Jews to emigrate when we finish this bill we will proceed travel. It has instituted reforms and to the United States and Israel. to the comprehensive crime legisla ordered compensation where necessary. Despite this momentous progress, tion, and I hope we get on that as soon It is monitoring all travel requests, in galsnost has not become a reality for as possible this week. cluding auto travel. hundreds of refuseniks who are still Mr. DOLE. If the majority leader will Let us face it, we have all had our being denied exit. yield for one further comment, as the fun with John Sununu and his airplane On May 20, the Supreme Soviet ap majority leader knows and I think he trips. In fact, John even called me a proved their long-awaited law on entry stated it on the floor before, once this few times to tell me the latest Sununu and exit. The law is a historic effort. formula is agreed to we are told, based one-liners. Unfortunately it leaves several crucial on our conference on Friday, that it is But enough is enough: This latest issues unresolved. pretty much over. If we can determine Sununu bashing is just piling on. First, the law will not go into effect how to proceed on the so-called Byrd Mr. President, I reserve the remain until January 1, 1993. Second, it fails to amendment, once that is disposed of, it der of my time. adequately define what constitutes a seems to me the remainder will be fair state secret, which leaves this category ly rapid. open to broad and inconsistent inter Mr. MITCHELL. Some Senators have MORNING BUSINESS pretation. Though the law states that a indicated an intention to offer other The ACTING PRESIDENT pro tem citizen of the Soviet Union may be de amendments, broad comprehensive pore. Under the previous order there nied the right to leave the U.S.S.R. for amendments substituting one entire will now be a period for the transaction no more than 5 years on secrecy formula for that in the bill or that ad of morning business not to extend be grounds, the law also allows this term dressed by the Byrd amendment and yond the hour of 1:30 p.m. with Sen- to be extended indefinitely. Finally, 14968 CONGRESSIONAL RECORD-SENATE June 17, 1991 under the so-called poor relative The assistant legislative clerk pro warming our planet. Past emissions clause, adults are still required to sub ceeded to call the roll. have already committed us to a tem mit affidavits from parents renouncing Mr. BAUCUS. Mr. President, I ask perature increase of 1.5 to 4.5 degrees any financial obligation. If applicants unanimous consent that the order for Centrigrade. This is an unprecedented cannot obtain affidavits, the decision the quorwn call be rescinded. rate of warming, bringing the Earth to may be appealed to the courts, but The PRESIDING OFFICER (Mr. its warmest level in at least 150,000 there is no established appeals process. AKAKA). Without objection, it is so or years. Therefore, while we are witnessing dered. The anticipated environmental, eco dramatic changes, and we applaud the nomic, and health consequences of the Soviet Government for these changes, greenhouse effect are even more severe we must continue to work until all STRATOSPHERIC OZONE DEPLE and intractable than those of ozone de those who seek freedom, until all re TION AND GLOBAL CLIMATE pletion. fuseniks are free. CHANGE Despite this fact, emissions of the I will kick off the Congressional Call Mr. BAUCUS. Mr. President, later principal greenhouse gas, carbon diox to Conscience with the case of Roman this week the United States has a dou ide, remain unchecked. The United Mironov, a refusenik from Kharov. Ro ble opportunity to make a major com States, with about 5 percent of the man's wife, Victoria, and son emi mitment to protecting the health of world's population, generates more grated to Israel last year. From Israel our global environment and its inhab than 20 percent of all manmade emis she contacted my office with a plea for itants. sions of carbon dioxide. U.S. carbon di help for her husband. She wrote: On June 19, the second session of the oxide emissions originate almost exclu My husband is utterly devoted to me, our International Negotiating Committee sively from burning oil and other fossil son, and my parents. We have always been a for a Framework Convention on Cli fuels. close and happy family, devoted to our home mate Change of the U.N. General As Yet, while most of the developed and religiously· observant. Please do your ut countries of the world are seeking most so that my husband w111 be allowed to sembly begins in Geneva. The goal of join our family in Israel. the assembled nations is to complete a through an international protocol to Though Victoria and their son were climate change convention in time for stabilize or reduce greenhouse gas granted permission to emigrate to Is signature at the U.N. Conference on emissions, particularly carbon dioxide, rael last year, Roman was refused on Environment and Development next the United States stands alone as un state secret grounds until at least 1994. June. willing to commit to fixed targets and Seven years ago Roman resigned as At the same time in Nairobi, the con dates for reduction. Internationally, an aeronautics engineer at an aircraft tracting parties to the Montreal Proto the administration seeks an empty plant in Kharov. At that time, he was col on Substances that Deplete the framework agreement. They just want forced to sign a statement that he Ozone Layer, will meet to discuss to talk, not act. would not leave the Soviet Union for 5 amendments to strengthen the proto Mr. President, it is time for the ad years. col. ministration to take the domestic and Five years after he resigned, the fam For these negotiations to be success international steps necessary to pro ily applied for permission to emigrate ful, the United States must take a tect our planet. to Israel. Though only Victoria and leadership role. Section 606 of the Clean Air Act their son were granted permission, So Mr. President, our atmosphere is fac amendments of 1990 requires that the viet officials informed the family that ing a true global emergency. Administrator of the Environmental once Victoria and their son departed The Earth's protective ozone layer is Protection Agency implement an ac for Israel, Roman's application would being eroded at an alarming rate by celerated phaseout schedule for CFC's be reviewed for the purpose of family chlorofluorocarbons and similar manu and other ozone depleting chemicals reunification. factured substances, compounds used more rapidly than the year 2000 dead Two weeks after they departed for Is primarily as refrigerants, fire extin line of the Montreal protocol, if sci rael, Roman's case was reviewed and guishers and solvents. entific information suggests an accel the denial was confirmed. Recent scientific data from the Na erated schedule is necessary to protect Today, the family remains separated. tional Aeronautics and Space Adminis hwnan health and the environment. Roman still lives in Kharov, is unem tration shows that the ozone layer is I say that 12 million more skin can ployed, and is unable to find a job be being destroyed at a rate two to three cer cases are reason enough to acceler cause of his exit application. I call times faster than previously thought. ate the phaseout schedule for ozone de upon the Soviet Government to allow The ozone layer over the United States pleting substances. Roman Mironov to be reunited with his has already been depleted by 4 to 5 per The European Community nations al family in Israel. cent since 1978. That is more than dou ready support moving up the year 2000 Just last week, President Bush ap ble the rate predicted just a year ago. phaseout deadline for chlorofluoro proved additional agricultural credits Thinning of the ozone layer allows carbons to 1997. The Europeans are al to the Soviet Union, a move I strongly more high energy ultraviolet radiation ready doing it. The United States encouraged and supported. Now I hope to strike the Earth's surface, increas should do no less. the Soviets can send us a strong signal ing the incidence of skin cancers and We must also consider restrictions on that their reforms will continue, by cataracts, and potentially suppressing CFC substitutes now being developed granting exit permission to Roman and the immune system. Increased that are still harmful-though less so all refuseniks. ultraviolent radiation has also been than CFC's--to the ozone layer. It is This week, my fellow sponsors and I shown to damage crops and marine life. clear from the rate and duration of the will circulate a letter to our colleagues The Environmental Protection Agen current ozone depletion, that our at asking them to participate in the Call cy predicts that the observed ozone de mosphere cannot tolerate more abuse. to Conscience. I thank them in advance pletion will lead to as many as 12 mil We must also provide timely assist for their continued commitment. lion more skin cancers and over 200,000 ance to developing countries so that With our joint efforts, we can work additional skin cancer deaths in the they will have access to safe sub toward the day when we no longer have United States alone during the next 50 stitutes and eliminate production and refusenik cases to bring to the Senate years. use of CFC's well in advance of their floor. But this is only part of the problem. 2010 deadline. Mr. President, I note the absence of a Chlorofluorocarbons are also green We can also take stronger steps to quorwn. house gases. Together with carbon di improve energy efficiency and con The ACTING PRESIDENT pro tem oxide, methane, and nitrous oxides, servation. By reducing our use of fossil pore. The clerk will call the roll. these greenhouse gas emissions are fuels, we will emit less carbon dioxide. June 17, 1991 CONGRESSIONAL RECORD-SENATE 14969 Recent reports by the Office of Tech functioning of this body. His hard work devotion to the Senate and his friend nology Assessment and the National epitomized the loyalty, dedication, and ship to its Members. His wife, Alice, Academy of Sciences have identified sacrifice that are the hallmark of the herself an important part of the Senate dozens of measures available to curb talented people who work on the Hill. family, is comforted, I hope, by the emissions of carbon dioxide and other Let me also add, he knew how to serve knowledge that "Mr. K" was widely ad greenhouse gases at a net savings or at up some good food, too. He was a good mired and sincerely appreciated by all low cost. and decent man, and the entire Senate of us. These measures would help-not family feels this terrible loss. hinder-American's economic competi Mr. President, I know my colleagues tiveness. How can we hope to compete join me in sending our heartfelt sym IF AND WHEN-A PERSONAL with Japan and Germany, when our pathies to John's wife, Alice, whom we TESTAMENT TO PTSD economy uses twice as much energy all know as a friendly and courteous Mr. PELL. Mr. President, I would per unit of GNP as theirs do? Senate Doorkeeper outside the Repub like to share with my colleagues some Mr. President, for the United States lican Cloakroom, and to their two chil particularly moving poems written by it is a question of leadership, a ques dren. Mr. Kenneth Sylvia of West Warwick, tion of environmental protection, and RI. Mr. Sylvia's poems are a personal also a question of survival. To protect testament to the complex feelings of a the world we and our children will live BALTIC FREEDOM DAY Vietnam veteran who suffers from post in in the 21st century, we must make Mr. GARN. Mr. President, I wish to traumatic stress disorder [PTSD]. policy choices now. recognize Baltic Freedom Day, which PTSD is a recognized and treatable Mr. President, I suggest the absence was commemorated June 14, 1991. Fifty disorder afflicting thousands of Viet of a quorum. years ago, Soviet soldiers began mass nam veterans. Symptoms include re The PRESIDING OFFICER. The deportations of Estonian, Latvian, and cur:dng nightmares, anxiety, and panic clerk will call the roll. Lithuanian citizens to camps in Sibe attacks, as well as aggressive and The assistant legislative clerk pro ria. In 1 day alone, June 14, 1941, 60,000 sometimes violent behavior. While vet ceeded to call the roll. Baltic men, women, and children were erans do have access to professional Mr. BUMPERS. Mr. President, I ask taken from their homes. Ultimately, help in their recovery efforts through unanimous consent that the order for more than 600,000 Baltic people were the Readjustment CounselingNet Cen the quorum call be rescinded. deported from their native countries ter Program, there remains a great The PRESIDING OFFICER (Mr. and sent to the camps, where many of unmet need among Vietnam veterans ROBB). Without objection, it is so or them died. for medical treatment for PTSD. dered. For the past 10 years, the Congress of We in Congress must do more to the United States has passed legisla reach Vietnam veterans suffering from tion urging the President to declare PTSD to let them know that help is THE JOURNAL June 14 as Baltic Freedom Day. I have available. And we must continue to im Mr. BUMPERS. Mr. President, on be cosponsored the legislation every year. prove and expand existing programs to half of the majority leader, I ask unan On June 13, 1991, President George help the victims of PTSD and ensure imous consent that the Journal of the Bush signed a proclamation that ac that the VA meets its responsibilities proceedings be approved to date. complished this. to these veterans. Mr. Sylvia uses his The PRESIDING OFFICER. Without As our country celebrates the birth poems as an outreach tool to let Viet objection, it is so ordered. of freedom throughout much of the nam veterans know that others share world, let us not forget the valiant ef their feelings. His message is one of fort of Baltic citizens today as they hope-hope for a better life, free from RECESS UNTIL 4:30 P.M. struggle for independence and liberty. the traumas of war. Despite increased violence against the I ask unanimous consent that the Mr. BUMPERS. Mr. President, on be Baltics by Soviet soldiers, the people of half of the majority leader, I ask unan text of Mr. Sylvia's poems be printed in the Baltic continue to display remark the RECORD. imous consent that the Senate stand in able patience and fortitude in striving There being no objection, the poems recess until the hour of 4:30 p.m. for self-determination. were ordered to be printed in the There being no objection, the Senate, I applaud President Bush and the at 3:31 p.m., recessed until 4:27 p.m.; RECORD, as follows: Congress for commemorating this day, !FANDWHEN whereupon the Senate reassembled and will continue to support legislation when called to order by the Presiding If and when I regain my faith, promoting freedom for the Baltic peo And come to terms with my God; Officer [Mr. DASCHLE]. ple. Willi t be alright for a soldier like me, To get comfort from his starr and his rod. If and when my brothers reach out, REMEMBERING "MR. K"-LONG JOHN KOUTSOUMPAS Will there be someone to hear their cry; TIME SENATE FOOD DIRECTOR Mr. BINGAMAN. Mr. President, the Will the people all listen and extend a hand, Mr. DOLE. Mr. President, I rise Senate lost a dear friend when John Or will they just let them pass by. today to pay tribute to a long-time Koutsoumpas died on Thursday. "Mr. Will the nightmares that haunt us keep com Senate employee who passed away late K," operations director of the Senate ing back, last week. For 16 years, John restaurants for 16 years, was an inte To forever keep taking its toll; Koutsoumpas served the Senate as the gral part of what our Chaplain calls Will the dreams or the past stay buried in time, operations director of the Senate res "the Senate family." He was an effi And allow us some peace to grow old. taurant food service. If you did not cient, gracious, thoughtful man who If and when I get back my confidence, know him by his full name, you cer served this institution well. Members My self-esteem and my pride; tainly knew him as "Mr. K." Until he of the Senate, their families, friends, Will it mean I won't have to live in the past, retired last October, Mr. K had a and constituents all felt the touch of With a part or the truth that's a lie. daunting task-planning and executing "Mr. K" in every meal and in every Will our country learn the lessons of the the many meals and the countless re Capitol event that involved food. His past, ceptions that take place every day kindness, courtesy, and concern were or life, or love, and or war; throughout the Capitol and the Rus genuine, and he made everyone who Or will they all have died in vain everlasting, sell, Dirksen, and Hart Buildings. came near feel special. Soldiers with a country no more. No matter how long you knew Mr. K, John Koutsoumpas will be remem If and when I ever come home, you knew how important he was to the bered by all of us who recognized his In heart and soul, and in mind; 14970 CONGRESSIONAL RECORD-SENATE June 17, 1991 I'll still feel the terrible loss. last 4 years during his tenure as Army Carl Vuono's legacy of a trained and Of the comrades that we left behind. Chief of Staff. In fact, I introduced him ready total Army is etched not only in to the committee at his confirmation the sands of the Arabian Peninsula and THEN AND NOW hearing 4 years ago. I have always been the jungles of Panama, but in the Again, in turmoil and confusion . . . impressed with his uncompromising Thoughts regress into an abyss minds of soldiers he has led, many of Alone in the darkness, sheltered professionalism; his competence in the whom owe their lives to his uncompro Desperately seeking the light, art of war; his sense of responsibility mising adherence to the highest stand The energy fades, the spirtt weakens . . . for the Army and our soldiers; and his ards of training, and readiness. The soul, seeking flight falters, deep and abiding commitment to the Several years ago, as we were begin Pondering its meaning of existence. Nation. ning to envision a thaw in United Drifting through dreams No single individual has contributed States-Soviet relations, General Vuono A shattered hope responds, more than Carl Vuono to the revital saw change coming, even before the To what end does these means arise? ization of our Army-the Army that historic shift in national military What unmentioned seed has flowered performed so well in Iraq and that has And given birth to this awakening strategy. He initiated a series of as Of superficial feelings, overpowering captured the pride and admiration of sessments that ultimately enabled him The lifenses, seeking reason, the American people. General Vuono so to set a course for the Army of the fu Bearing no fruit, the flower grows, embodies the principles of service that ture that could be readily aligned with Its beauty overwhelming, its source unsewn. we demand of our military leaders, I the changing strategy. What evolved By what right shall I pluck it from its feel that it is my duty to call his ex was a far-reaching framework to pre Bosom, only to put to use that which shall traordinary contributions to this Na pare the Army for the next century. fade again. tion to the attention of this body. General Vuono's vision for the future General Vuono's career has spanned rests on shaping a versatile, de AMBUSH 34 years since he took his oath of office ployable, and credible Army based on We all geared-up just before dawn, Yes we were going to step out; as a second lieutenant of field artillery the solid foundation of what he de Search & Destroy, Search & Destroy at West Point in 1957. A dedicated field scribes as six enduring imperatives. That's what this missions about. artilleryman, General Vuono has com These are the principles on which to We walked to the air-strip and boarded the manded troop units at all levels, led day's Army has been built and that choppers. American soldiers in combat for 2 will guide the Army of the future. They We're going hunting for humans you see; years in Vietnam, and, in the early include, not surprisingly, a solid fight Some call them brothers, father or son, 1980's, commanded the 8th Infantry Di ing doctrine; an appropriate mix of ar But to us they are just called V.C. vision in Germany, considered by many mored, light, and special operations We're sweeping the jungle from east to west, at that time to be the cutting edge of forces; tough, realistic training; a con A company is blocking you see; our combat power in NATO. tinuously modernizing force; and a When we make contact we'll force them to Among his many accomplishments, commitment to developing the next run, General Vuono is perhaps most known generation of Army leaders. Right into their enemy. for his expertise and dedication in He also envisioned the need to sig A shot ring out, a grenade goes off, training soldiers. Throughout his ca nificantly reduce the size of the Army Flashes and smoke then another; reer, he has been guided by what he de to preserve its quality and readiness I hear a scream, a man's cry for help, Yes, the V.C. have fallen a brother. scribes as "the sacred responsibility of over the turbulent decade ahead and for the future. Those of us who deal You crawl out and grab him to drag him to leadership"-"No soldier must ever die safety, in the defense of this Nation because regularly with defense issues fully ap Each inch seems like a mile to me; that soldier was not properly trained." preciate the magnitude of such a deci With help from a friend and the medic that's On the strength of that philosophy, sion for any service chief. Yet Carl coming, General Vuono set in motion landmark Vuono had the fortitude to make such He may live if he has God~s mercy. doctrinal and training strategies, while a sweeping decision, because of his I held his hand, a smile came to his face, serving in a series of key positions commitment to preserve the finest It doesn't look good I know; within the Army. His programs have Army possible. In testimony this And this young soldier has a wife and a kid, produced soldiers, units, and leaders of spring before the Armed Services Com And he just don't want to let go. unprecedented ability and readiness. In mittee he forcefully noted: His shirt now ripped open, a bandage in fact, since 1982, when he became the We face a clear choice as we conclude Oper place, commander of the Army's Combined ation Desert Storm and resume the reshap He says something about Viet-Cong; Arms Center at Fort Leavenworth, KS, ing of the Army. We can maintain the stand And it's not over yet, cause he's going into through his current tenure as Army ards of the Army of Desert Storm, or we can shock; condemn our soldiers to the deadly fut111ty And he knows now he won't live too long. · Chief of Staff that ends on June 21, of going into battle unprepared. [The Army He beat on his chest, filled his lungs with his Carl Vuono has been the guiding light believes] we have made the correct choices breath, for the revitalization of our Nation's in our plans for the future by consciously All as a last resort; Army. choosing to preserve the quality, readiness, Another young man, a new K.I.A., It is no coincidence that the Army's and warfighting competence of the Army at For the company morning report. airland battle doctrine was first pub the expense of reducing 1t to the smallest lished under General Vuono's tutelage. level in half a century. He clearly understood that a military Last August, when America called on TRffiUTE TO GEN. CARL E. VUONO force must have a credible fighting its Armed Forces to right a grievous Mr. WARNER. Mr. President, the vic doctrine if it is to win in combat and if wrong done to a country far from our tory of Operation Desert Storm was it is to develop an effective combat shores, our Army responded with cour not won in 100 hours. It was won over ready fighting force. Airland battle age, compassion, and commitment. De the past decade through foresight, doctrine, so-named in recognition of ploying from the United States and Eu dedication, and hard work by those en the inherent joint and combined nature rope, and supported by its sister serv trusted to lead our Armed Forces. No of modern warfare, laid the ground ices and coalition partners, America's one understands this better than the work a decade ago for victory in Desert Army deterred further aggression, de man I would like to pay tribute to Storm. From that doctrine evolved the fended Saudi Arabia, and laid waste to today, Gen. Carl E. Vuono, the retiring leader development and training pro the fourth largest Army in the world. Chief of Staff of the Army. grams and the development of equip That is the final word on the capa I have worked closely with General ment, weapon systems, organizations, bilities of the Army today, and that is Vuono in my position on the Armed and tactics that were so successful in a fitting monument to the contribu Services Committee throughout the the desert. tions of this man, my friend, Carl June 17, 1991 CONGRESSIONAL RECORD-SENATE 14971 Vuono. I know that his wife, Pat, and it has been happy, fruitful, and produc RECESS UNTIL 5 P.M. their children Kathy, Tim, and Jeff, tive. Jim and Barbara have been sur The PRESIDING OFFICER. The have supported Carl throughout his ca rounded with many friends and a close Chair, in his capacity as a Senator reer and are extremely proud of his ac family, and blessed with three children from the State of South Dakota, asks complishments. General Vuono, on be who themselves are carrying forward unanimous consent that the Senate half of the Senate Armed Services the tradition of service set forth by stand in recess until the hour of 5 p.m. Committee and the U.S. Senate, I sa their parents. Elizabeth is completing There being no objection, the Senate, lute you for the outstanding service her degree in clinical psychology in at 4:27 p.m., recessed until 5 p.m.; that you have performed for this Na Boston, Eric is about to become an as whereupon, the Senate reassembled tion. sistant U.S. attorney in the eastern when called to order by the Presiding district of New York, and Julie, I am Officer [Mr. BINGAMAN]. delighted to say, is an aide in my office TRffiUTE TO DR. AND MRS. JAMES in Washington. S. BERNSTEIN ON THEIR 35TH Please join me in saluting and con CONCLUSION OF MORNING ANNIVERSARY gratulating Jim and Barbara Bernstein BUSINESS Mr. LEAHY. Mr. President, the no on their 35 happy and product! ve years The PRESIDING OFFICER. Morning tion of public service and public in together. volvement by private individuals is so business is closed. essential to the survival of democracy that we must do all we can to recognize TRffiUTE TO THE LATE JOHN SURFACE TRANSPORTATION and encourage it. It becomes a pleasure EFFICIENCY ACT as well as a duty to do so when such KOUTSOUMPAS The PRESIDING OFFICER. The selfless service interests a happy and Mr. THURMOND. Mr. President, I significant event. clerk will report the pending business. rise today to pay tribute to Mr. John The legislative clerk read as follows: I therefore take great pleasure in sa Koutsoumpas, who passed away on luting an extraodinary couple, James A bill (S. 1204) to amend title 23, United June 13. Mr. Koutsoumpas, the former States Code, and for other purposes. and Barbara Bernstein, on the occasion assistant director of the Senate food of their 35th wedding anniversary. That service, was well known in these Halls The Senate resumed consideration of they have been happily wed for 35 years for both his professional expertise and the bill. is cause enough to celebrate, but when his personal warmth. Pending: their 35 years together represent as (1) Byrd amendment No. 295, to allot bonus well a mutual and continuing activism "Mr. K," as he was fondly known, apportionments based on the level of effort on behalf of peace and justice, it com was one of the most energetic individ shown by each State. · mands all our felicitations. uals I have ever met. He was always on (2) Byrd modified amendment No. 296 (to Jim Bernstein is a physician, a doc the move, making sure that the Senate amendment No. 295), of a perfecting nature. tor of internal medicine who has served food service ran smoothly and the spe Mr. MITCHELL. Mr. President, I his patients and his profession for more cial events were flawless. He inspired will, momentarily, make a statement than 30 years in Rockville Centre, NY. genuine affection among a legion of regarding the pending bill, but before For nearly two decades, Barbara Bern friends and admirers here on Capitol doing so, I will await the presence of stein has been director of the Nassau Hill, and he will be greatly missed. the distinguished Republican leader. County chapter of the Civil Liberties Mr. President, as I walked into the Therefore, I suggest the absence of a Union, and for all of her active life, she funeral service for John Koutsoumpas quorum. has been a fighter for the underdog. this morning, I was struck by the many The PRESIDING OFFICER. The Back in 1960, while Jim was setting familiar faces in the pews. Interspersed clerk will call the roll. up practice and still finding enough with Mr. K's family was a veritable The legislative clerk proceeded to time to serve in the American Jewish cross-section of the Senate-Senators, call the roll. Committee's search for the means to staffers, food service employees, and Mr. DOMENICI. Mr. President, I ask racial harmony, Barbara was organiz many others-all come to pay their unanimous consent that the order for ing and leading the fight to bring inte last respects to this kind and gentle the quorum call be rescinded. gration in housing to the suburbs. man who gave so much to the Senate. The PRESIDING OFFICER (Mr. When Allard Lowenstein came to BINGAMAN). Without objection, it is so Nassau County in 1968 to seek a con As I mentioned in a tribute to him ordered. gressional seat, the Bernsteins were in upon his retirement, Mr. K shared not Mr. DOMENICI. Mr. President, I ask the forefront of his campaign, as well only his professional skill but his fam unanimous consent that I be permitted as his subsequent campaigns. More ily with the Senate. His lovely wife, to proceed as if in morning business for than that, they became sort of proxy Alice, is a Senate Doorkeeper and his 3 minutes. parents in Lowenstein's "Children Cru daughter Melinda is a valued member The PRESIDING OFFICER. Without sade, turning their home into a sort of of my Senate Judiciary Committee objection, it is so ordered. boarding house for the younsters Al at staff. His son Tom is in charge of Fed The Senator from New Mexico is rec tracted from across the country. They eral relations for the State of Indiana. ognized. housed literally dozens of young activ Mr. President, the Senate has lost a Mr. DOMENICI. I thank the Chair. ists, including one future U.S. Con good friend in John Koutsoumpas, and (The remarks of Mr. DOMENICI per gressman and one future California we shall miss him. I would like to ex taining to the introduction of S. 1305 State Senator. tend my deepest condolences to the en are located in today's RECORD under Jim has been increasingly active tire Koutsoumpas family at this dif "Statements on Introduced Bills and with the Physicians for Social Respon ficult time. Joint Resolutions.") sibility, recently serving as president Mr. DOMENICI. I thank the Chair. I of the Nassau County chapter, and Bar suggest the absence of a quorum. bara's activities on behalf of civil lib TERRY ANDERSON The PRESIDING OFFICER. The erties have deepened and matured. clerk will call the roll. Together, they have in 35 years Mr. MOYNIHAN. Mr. President, I rise The legislative clerk proceeded to achieved an extraordinary mosaic of to inform my colleagues that today call the roll. social and community identity. marks the 2,284th day that Terry An Mr. MITCHELL. Mr. President, I ask Lest we lost sight of the marital side derson has been held captive in Leb unanimous consent that the order for of their union, it should be noted that anon. the quorum call be rescinded. 14972 CONGRESSIONAL RECORD-SENATE June 17, 1991 The PRESIDING OFFICER. Without Byrd amendment. I think the distin My State is not a donor State, so I do objection, it is so ordered. guished Senator from Florida, Senator not have any dog in that fight. So I am Mr. MITCHELL. Mr. President, I GRAHAM, has at least one amendment, prepared to send this modification to have now had the opportunity to con maybe two amendments. I do not know the desk, and I do so. sult with the distinguished Republican of any amendments on this side that The PRESIDING OFFICER. The Sen leader, and prior to that consulted with require rollcall votes, but there may be ator has the right to modify his own the distinguished Senators from New on an amendment on the total effort. amendment. The amendment is so York and Idaho, the managers of the I just do not see how we can vote this modified. bill, following a meeting of Senate evening, having made that statement, The amendment (No. 296), as further Democrats this afternoon on the sub not having an opportunity to take a modified, is as follows: ject. look at the numbers. In the amendment, strike out "of effort ap It has been my hope and intention Mr. MITCHELL. I thank my col portionment bonuses" and all that follows that we could proceed to vote on the league. through "available until expended." and in Byrd amendment this evening, the Mr. President, I am, of course, dis sert in lieu thereof the following: Byrd amendment being the pending appointed, but I understand the cir OF EFFORT APPORI10NMENT BONUSES. cumstances which exist. It is my hope (a) AMENDMENT TO TITLE 23.-(1) Chapter 1 amendment, and then proceed to what of title 23, United States Code, is amended by other amendments remain. I have been that we can proceed to dispose of this adding at the end thereof the following new advised by several Senators there will major amendment tomorrow, and then section: be other amendments, although I think continue with the bill thereafter. "§ 159. Level of effort apportionment bonuaee it is a widespread expectation that As every Senator knows, under the "(a) The Secretary shall, for fiscal years once that principal amendment is dealt Senate rules, any Senator can prevent beginning with fiscal year 1993, determine with, the remainder will not take an a vote from occurring by use of the each State's total annual apportionment inordinate length of time, because it right under the Senate rules of unlim under sections 133 (relating to the Surface remains my desire to dispose of the bill ited debate. So, absent an agreement, I Transportation Program), 144 (relating to as soon as possible. am unable to bring this matter to a the Bridge Program), and 119 (relating to the I would like, if I might, to request of vote as I had hoped. Interstate Maintenance Program) and shall I will say to Senators that the pre use that total in calculating the bonus ap my colleague, the distinguished Repub portionments authorized by this section. lican leader, if he is prepared to re vious schedule for this legislative pe "(b) The Secretary shall, subject to the spond to our desire to proceed to vote riod, which contemplated no votes be ava1lab111ty of appropriations, make an ap on the amendment this evening, and to yond 7 p.m. on Tuesdays and Wednes portionment to each State in which the rate then dispose of the bill as soon there days, will, of necessity, be abrogated, of tax on gasoline, as of July 1 preceding the after as possible. and Senators should be prepared for beginning of the fiscal year, exceeds the av The PRESIDING OFFICER. The Re votes well into the evenings, if nec erage rate of tax on gasoline levied by the essary, throughout the remainder of fifty States and the District of Columbia as publican leader is recognized. of such date, with a bonus apportionment Mr. DOLE. Mr. President, let me in this legislative period, prior to the equal to the lesser of- dicate to the majority leader that cer next recess. "(1) five percent of its total annual appor tainly I think everybody would like to I hope that we can proceed tomor tionment under sections 133, 144, and 119 of vote, finish this bill, and go on to the row-unfortunately, I have said that on this title for each of fiscal years 1993, 1994, crime bill, as the majority leader out almost every legislative day for the 1995, and 1996; or lined earlier. What has been initiated past several days-to dispose of this "(2) the percentage by which that State's matter. And I look forward to further rate of tax on gasoline exceeds the average by some-I think on both sides-is to rate of tax on gasoline levied by the fifty see if we could take a look at the total discussions with the distinguished Re States and the District of Columbia, multi effort and see what impact that might publican leader and the managers in plied by its total annual apportionment have on the numbers across the board, that regard. under sections 133, 144, and 119 of this title. and then hopefully sit down with the Mr. President, I have no further com "(c)(1) The Secretary shall, subject to the distinguished chairman of the Appro ment at this time except to announce, ava1lab111ty of appropriations, make a bonus priations Committee and see if we in view of the colloquy which has just apportionment to each State equal to its occurred, there will be no rollcall votes total annual apportionment under sections could make a case with the chairman 133, 144, and 119 of this title, multiplied by that that might be an appropriate this evening. I apologize to those Sen the percentage by which that State's rate of modification. ators who altered their schedules tore tax on gasoline, as of July 1 preceding the Again, it is like it was last Thursday: turn in anticipation of such votes, but beginning of the fiscal year, exceeds the av The numbers are on the way, but they I am sure they all understand that I erage rate of tax on gasoline levied by the are not here; they are supposed to be cannot bring a matter to a vote by my fifty States and the District of Columbia as here in 15 minutes; then we need to self, much as I would wish to do so, and of such date, minus an amount which is the have staff get together; then the prin any Senator may prevent a vote from product of that total annual apportionment cipals get together. occurring. and the percentage by which that State's per Mr. President, I yield the floor. capita disposable income exceeds the average But I can assure the majority leader, per capita disposable income in the fifty there is nobody on this side who has The PRESIDING OFFICER. The Sen States and the District of Columbia, cal been promised there would not be any ator from West Virginia is recognized. culated for the calendar year preceding the votes. It is not that we are not pre AMENDMENT NO. 296, AS FURTHER MODIFIED year in which the fiscal year begins. The pared to vote, except this difference, I Mr. BYRD. Mr. President, earlier bonus apportionment made to any State think, is fairly important to many Sen today the donor Senators met and under this section shall be reduced by any ators. came to an agreement among them amount provided under subsection (b). "(2) For purposes of paragraph (1), the per Once that is resolved either way, I selves. As I had indicated earlier, what capita disposable income of a State or the hope we could have a vote on the Byrd ever the donor Senators wished to District of Columbia for any calendar year is amendment, modified or not modified, agree to by way of their own formula, such income as is determined by the Bureau by noon tomorrow. Then I would agree as long as it does not transgress on the of Economic Analysis of the Department of with the distinguished managers of the level of effort, then I have no problem Commerce. bill that there may be other amend with modifying my own amendment ac "(d) If the aggregate apportionments under ments, and it may consume some time. cordingly. this section in any fiscal year exceed the au But for all practical purposes, the bill So I am prepared to modify my thorization of appropriations for such year, there shall be a pro rata reduction for that will be virtually finished. amendment to comport with what I fiscal year of the apportionments to the ex If we cannot reach some agreement, have been told is the consensus agreed tent of such excess. there could be an amendment on the upon, or at least the approach agreed "(e) The Federal share payable of the costs total effort following the vote on the upon by a majority of the donor States. of projects carried out with apportioned June 17, 1991 CONGRESSIONAL RECORD-SENATE 14973 funds under this section may not exceed 10 (C) For fiscal year 1995, $1,138,500,000. States Code, and sums authorized by sub percent. (D) For fiscal year 1996, $1,638,500,000. section (c) of this section, in the ratio which "(f) For purposes of this section, the term (2)(A) The additional amount provided such apportionments and allocations for 'tax on gasoline' means a tax that is-- under this subsection for a fiscal year shall each such State bear to the total of such ap "(1) imposed by and administered by a be apportioned only after bonus apportion portionments and allocations for all such State; and ments under section 159 of title 23, United States. "(2) uniform as to rate and based upon States Code, to the extent of their availabil (2) Whenever the limitation made available identical transactions in all geographical ity, have first been made to the States. for a. fiscal year is insufficient to provide 100 areas of such State. (B) The bonus apportionments which are percent of the distribution under paragraph "(g) Funds authorized to be appropriated provided under this subsection for a fiscal (1)(B), then- for bonus apportionment under this section year shall be apportioned in such a. way as to (A) 50 percent of such insufficient limita shall be available only for projects author bring each successive State, or States, with tion shall be deducted from the limitation ized under chapter 1 of this title, including the lowest dollar return on dollar projected that would be received for section 159 of title provisions which provide contract authority to be contributed into the Highway Trust 23, United States Code, and as provided in chapter 1 of this title.". Fund for such fiscal year, up to the highest common return on contributed dollar that (B) 50 percent of such insufficient limita (2) The table of sections for chapter 1 of tion shall be deducted from the limitation title 23, United States Code, is amended by can be funded with the annual authoriza tions provided under this subsection. that would be received under subsection (c) adding after the item relating to section 158 of this section. the following new item: (C) The additional apportionment under this subsection shall be subject to the provi (e) INAPPLICABILITY OF OBLIGATION LIMITA "Sec. 159. Level of effort apportionment bo sions of chapter 1 of title 23, United States TION TO EMERGENCY RELIEF.-Limitations in nuses.". Code, including provisions which provide section 104 of this Act shall not apply to ob (b) AUTHORIZATION OF APPROPRIATIONS.-(1) contract authority. ligations for emergency relief pursuant to There are authorized to be appropriated out (D) Additional amounts apportioned under section 125 of title 23, United States Code. of the Highway Trust Fund (other than the this subsection shall be available for a fiscal (f) DEFINITION.-For purposes of this sec Mass Transit Account) for payment of the year to the extent and in the amount pro tion, the term "State" has the meaning bonus apportionments authorized by section vided in an appropriation Act. given to such term in section 101 of title 23, 159 of title 23, United States Code, the fol (d) OBLIGATION LIMITATIONS.- United States Code. lowing amounts for the following fiscal (1)(A) Notwithstanding section 104 of this years: Act for each of the fiscal years 1993, 1994, 1995 Mr. BYRD. Mr. President, I ask unan (A) For fiscal year 1993, $390,500,000. and 1996, the Secretary shall distribute, imous consent to insert in the RECORD (B) For fiscal year 1994, $943,000,000. among the States, the limitations imposed immediately following my modifica (C) For fiscal year 1995, $1,138,500,000. by section 104(a.) of this Act by allocation in tion of my own amendment today, a (D) For fiscal year 1996, $1,638,500,000. the ratio which sums authorized to be appro table that includes the numbers rep (2) Funds appropriated pursuant to para priated for Federal-aid highways (other than resenting the DOT figures for all of the graph (1) are authorized to remain available sums authorized for section 159 of title 23, States and the District of Columbia until expended. United States Code and sums authorized by (c) ADDITIONAL DoNOR STATE BONUS subsection (c) of this section) which are ap and the territories, et cetera, under S. AMOUNTS.-(1) In addition to the amounts portioned or allocated to each State for such 1204. It would include the figures in the which are apportioned under title 23, United fiscal year bear to the total of such sums au proposed Bentsen minimum allocation States Code, the Secretary of Transportation thorized to be appropriated for Federal-aid bonus; it would include the figures for shall, in accordance with paragraph (2) and highways which are apportioned or allocated the level of effort bonus; the total subject to the availability of appropriations, to all the States for such fiscal year unt11100 bonus; and the totals for the various apportioned among the States an additional percent has been distributed. States under both the bill and the bo amount for each of the following fiscal years (B) The Secretary shall distribute the limi out of the Highway Trust Fund (other than tation remaining after the distribution in nuses. the Mass Transit Account): subparagraph (A) among the States entitled There being no objection, the data (A) For fiscal year 1993, $390,500,000. to apportionments or allocations of sums au was ordered to be printed in the (B) For fiscal year 1994, $943,000,000. thorized by section 159 of title 23, United RECORD, as follows: TECHNICAL ASSISTANCE FOR SENATOR BYRD INCLUDE BENTSEN MINIMUM ALLOCATION

Byrd amendment S. 1204 with Byrd S. 1204, fiscal years States 1992-96 Proposed Bentsen mini Level of report bon us, Total bonus, fiscal years amendment, fiscal years mum allocation bonus, fiscal years 1992-96 1992- 96 fiscal years 1992-96 1992-96 Alabama ...... 1,504,654,492 169,923,475 0 169,923,475 1,674,577,967 Alaska ...... 1,196,027,198 0 0 0 1,196,027,198 Arizona ...... 1,292,190,845 2,288,261 47,929,483 50,217,744 1,342,408,589 Arkansas ...... 1,011,244,769 0 144,279,759 144,279,759 1,155,524,528 California ...... 7,883,682,609 959,356,766 0 959,356,766 8,843,039,375 Colorado ...... 1,308,920,520 0 147,825,574 147,825,574 1,456,746,094 Connecticut ...... 1,711,879,954 0 42,004,684 42,004,684 1,753,884,638 Delaware ...... 381 ,725,597 0 11 ,441 ,261 11 ,441,261 393,166,858 District of Columbia ...... 521,106,402 0 7,781,983 7,781,983 528,888,385 Florida ...... 3,539,587,296 453,619,940 0 453,619,940 3,993,207,236 2,539,021,018 328,671,299 0 328,671,299 2,867,692,317 :::lr.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 528,050,776 0 0 0 528,050,776 Idaho ...... 611,632,310 0 126,534,835 126,534,835 738,167,145 Illinois ...... 3,068,751,823 164,102,600 86,780,273 250,882,873 3,319,634,696 Indiana ...... ,...... 1,858,333,931 240,785,538 0 240,785,538 2,099,119,469 Iowa ...... 1,131 ,418,198 0 158,138,681 158,138,681 1,289,556,879 Kansas ...... 1,051,076,259 0 0 0 1,051,076,259 1,325,539,738 106,553,749 39,500,646 146,054,395 1,471 ,594,133 ~:~~~~ ·:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 1,276,100,845 0 259,447,296 259,447,296 1,535,548,141 Maine ...... 478,342,416 0 . 0 0 478,342,416 Maryland ...... 1,575,307,244 34,790,362 34,951,077 69,741,439 1,645,048,683 Massachusetts ...... 4,152,235,601 0 42,546,417 42,546,417 4,194,782,018 Michiaan ...... 2,342,454,292 273,643,698 I 0 273,643,698 2,616,097,990 Minnesota ...... 1,419,495,328 0 89,410,725 89,410,725 1,508,906,053 947,512,203 0 188,574,346 188,574,346 1,136,086,549 ~:=~p~~ ..::::: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 1,938,221,394 208,565,260 0 208,565,260 2,146,786,654 Montana ...... 884,738,282 0 138,828,613 138,828,613 1,023,566,895 Nebraska ...... 774,493,164 0 220,679,401 220,679,401 995,172,565 Nevada ...... 599,131 ,985 0 11,185,876 11,185,876 610,317,861 New Hampshire ...... 458,983,371 0 0 0 458,983,371 New Jersey ...... 2,568,613,022 34,069,527 0 34,069,527 2,602,682,549 New Mexico ...... 919,991 ,108 0 88,415,436 88,415,436 1,008,406,544 New York ...... 4,867,369,527 0 0 0 4,867,369,527 North Carolina ...... 2,160,181,762 0 404,]l2,347 404,712,347 2,564,894,109 North Dakota ...... 554,996,995 0 46,870,284 46,870,284 601,867,279 Ohio ...... 3,080,479,178 136,542,354 261,983,230 398,525,584 3,479,004,762 Oklahoma ...... 1,225,207,299 4,344,500 110,320,099 114,664,599 1,339,871,898 Oreeon ...... 1,ll1,999,000 0 115,252,941 115,252,941 1,227,251,941

49-059 0-95 Vol. 137 (Pt. 11) 2 14974 CONGRESSIONAL RECORD-SENATE June 17, 1991 TECHNICAL ASSISTANCE FOR SENATOR BYRD INCLUDE BENTSEN MINIMUM ALLOCATION--Continued

Byrd amendment s. 12114 with Byrd S. 1204, fiscal years Proposed Bentsen mini States 1992-96 LMI of report bonus, amendment, fiSCII ,urs mum allocation bonus, Total bonus, fise~l years 1992-96 fiscal years 1992-96 fiscal years 1992-96 1992-96 Pennsylvania ...... 4,130,446,366 20,669,522 39,024,862 59,694,384 4,190,140,750 Rhode Island ...... 525,769,954 0 99,262,389 99,262,389 625,032,343 South Carolina ...... 1,198,431,572 89,685,230 67,525,038 157 , 210~68 1,355,641,840 South Dakota ...... 634,021,313 0 62,911,359 62,911,359 696,932,672 Tennessee ...... 1,756,836,242 0 245,077,165 245,077,165 2,001,913,407 Texas ...... 5,312,212,7114 660,555,647 0 660,555,647 5,972,768,351 Utah ...... 738,607,345 0 123,371,570 123,371,570 861,978,915 399,735,284 0 0 0 399,735,284 ~~r~~i~t .:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 1,960,834,192 220,232,894 14,460,762 234,693,656 2,195,527,848 Washineton ...... 1,838,411,461 0 189,322,266 189,322,266 2,027,733,727 915,148,626 0 222,560,972 222,560,972 1,137,709,598 ::o~~~in~~ .. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 1,609,275,209 0 221,588,350 221,588,350 1,830,863,SS9 ~ming ...... 621,925,718 0 0 0 621,925,718 American Samoa ...... 3,116,646 0 0 0 3,116,646 Guam ...... 3,116,6« 0 0 0 3,116,644 Puerto Rico ...... 468,643,311 0 0 0 468,643,311 Northern Mariana ...... 3,116,644 0 0 0 3,116,644 Virgin Islands ...... 3,116,643 0 0 0 3,116,643 Territories ...... 84,822,060 0 0 0 84,822,060 Total ...... 88,008,285,685 4,108,400,622 4,110,500,000 8,218,900,622 96,227,186,307 4,110,000,000

TECHNICAL ASSISTANCE FOR SENATOR BYRD-fiSCAL YEAR 1992 INCLUDE BENTSEN MINIMUM ALLOCATION

Byrd amendment S. 1204, fiSCII year s. 12114 with Byrd States Proposed Bentsen mini amendment, fiSCII ,ur 1992 mums allocation bonus, l.eYel of effort bonus, Total bonus, fiSCII year 1992 fiscal year 1992 fiscal year 1992 1992 Alabama ...... 258,802,726 258,802,726 Alaska ...... 203,270,381 203,270,381 Arizona ...... 239,269,497 239,269,497 Arllansas ...... 180,719,6114 180,719,6114 California ...... 1,449,899,114 1,449,899,114 Colorado ...... 234,142,957 234,142,957 Connecticut ...... 322,692,434 322,692,434 Delaware ...... 64,911,432 64,911,432 District of Columbia ...... -...... 110,420,780 110,420,780 Florida ...... ~...... 668,032,181 668,032,181 ~=~~ .::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :::::::::::::::::::::::::::::::::::::::::::::::::::: ~~:~:m ~~:::~~ Idaho ...... 104,121,795 104,121,795 Illinois ...... 527,003,090 527,003,090 Indiana ...... 345,628,844 345,628,844 Iowa ...... 191,291,858 191,291,858 Kansas ...... 178,167,905 178,167,905 ~~f~~~a ·:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~~:~~:m ~~:=~~~ Maine ...... 81,481,173 81,481,173 Maryland ...... 329,506,797 329,506,797 Massachusetts ...... 378,649,520 378,649,520 Michiaan ...... 421,727,890 421,727,890 =:ffi~~~~ ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: m:m:m illjll~ Montana ...... 150,952,734 150,952,734 Nebraska ...... 130,951,885 130,951.885 Nevada ...... 102,362,011 102,362,011 New Hampshire ...... 78,023,496 78,023,496 New Jersey ...... 525,879,354 525,879,354 New Mexico ...... 157,724,437 157,724,437 New York ...... 869,538,706 869,538,706 North Carolina ...... 398,864,260 398,864~60 North Dakota ...... 94,027,089 94,027,089 Ohio ...... 580,209,032 580,209,032 Oklahoma ...... 226,685,103 226,685,103 Ore eon ...... 207,485,465 207,485,465 Penns,Jvania ...... 871,113,938 871,113,938 Rhode Island ...... 93,715,646 99,715,646 South carolina ...... 199,858,369 199,858,369 South Dakota ...... 107,655,469 107,655,469 Tennessee ...... 321,562,755 321,562,755 Texas ...... 995,136,305 995,136,305 Utah ...... 126,257,488 126~57,488 ~~r~~i~t .:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 3~~:~:m 3~~:::m Washineton ...... 397,236,718 397,236,718 ::o~~~in~~ .. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: m:~~~:m U~:~~~~ ~min& ...... 105,499,080 105,499,080 American Samoa ...... 526,749 526,749 Guam ...... 526,749 526,749 Puerto Rico ...... 79,226,657 79,226,657 Northern Mariana ...... 526,749 526,749 Virgin Islands ...... 526,749 526,749 Territories ...... 14,335,900 14,335,900 Total ...... ------15,909,998,470 15,909,998,470

TECHNICAL ASSISTANCE FOR SENATOR BYRD-fiSCAL YEAR 1993 INCLUDE BENTSEN MINIMUM ALLOCATION

Byrd amendment s. 12114 with Byrd States S. 1204, fiscal year amendment, fiscal year 1993 Proposed Bentsen mini LMI of effort bonus, Total bonus, fiscal year mum allocation bonus, fiscal year 1993 1993 fiSCII year 1993 1993 Alabama ...... 275,866,920 17,898,959 17,898,959 293,765,879 June 17, 1991 CONGRESSIONAL RECORD-SENATE 14975 TECHNICAL ASSISTANCE FOR SENATOR BYRD-FISCAL YEAR 1993 INCLUDE BENTSEN MINIMUM AllOCATION-Continued

Byrd amendment S. 121M with Byrd S. 1204, fiscal year Proposed Bentsen mini- States 1993 Level of effort bonus, Total bonus, fiscal year amendment, fiscal year mum allocation bonus, 1993 fiscal year 1993 fiscal year 1993 1993 212,100,141 0 0 236,831,501 0 4,552,147 187,122,707 0 13,703,308 1,449,679,971 84,357,553 0 235,235,311 0 14,039,217 325,655,262 0 4,087,057 67,728,153 0 1,085,547 95,804,562 0 739,134 646,936,037 43,020,210 0 4661 ,612,643 31 ,340,256 0 98,814,120 0 0 108,577,801 0 12,016,640 548,368,105 22 ,846,790 8,241,402 340,794,455 23,045,581 0 199,911,497 0 15,019,545 186,060,128 0 0 239,571,101 12,092,198 3,751 ,755 233,519,616 0 24,643,567 84,975,995 0 0 293,662,046 0 3,319,458 1,089,104,984 0 4,042,094 428,019,491 27,300,706 0 255,126,291 0 8,491,513 169,248,196 0 17,910,343 350,973,507 23,221,071 0 157,308,376 0 13,185,175 136,850,378 0 20,958,859 106,651,281 0 1,062,286 81,414,691 0 0 479,451 ,815 0 0 164,114,826 0 8,397,162 899,614,192 0 0 396,777,904 0 38,435,987 98,196,571 0 4,451,137 563,282,497 13,320,097 24,882,197 222,595,255 0 10,478,258 201,809,223 0 10,945,578 767,726,420 0 3,707,005 102,559,114 0 9,426,547 224,967,350 8,438,796 6,412,815 112,347,785 0 5,974,717 312,897,254 0 23,277,849 967,578,810 65,253,528 0 131,536,073 0 11,717,591 70,636,063 0 0 355,106,595 17,414,472 1,373,543 342,602,258 0 17,983,193 162,306,862 0 21,141 ,505 298,397,310 0 21,044,869 110,140,392 0 0 550,539 0 0 550,538 0 0 82,798,838 0 0 550,538 0 0 550,538 0 0 14,983,368 0 0 16,394,154,195 389,550,217 390,550,000

TECHNICAL ASSISTANCE FOR SENATOR BYRD-FISCAL YEAR 1994 INCLUDE BENTSEN MINIMUM ALLOCATION

Byrd amendment S. 1204, fiscal year S. 1204 with Byrd States 1994 Proposed Bentsen minimum alloca- Level of effort bonus, Total bonus, fiscal year amendment, fiscal year lion bonus, fiscal year 1994 fiscal year 1994 1994 1993 Alabama ...... 290,586,718 42,774,661 0 42,774,661 333,461,379 Alaska ...... 225,706,112 0 0 0 225,706,112 Arizona ...... 248,901,975 0 10,992,646 10,992,646 259,894,621 Arkansas ...... 197,154,301 0 33,092,114 33,092,114 230,246,415 California ...... 1,527,287,676 214,038,681 0 214,038,681 1,741,326,357 Colorldo ...... 248,881 ,229 0 33,903,560 33,903,560 282,784,789 Connecticut ...... 341,710,594 0 9,859,191 9,859,191 351,569,785 Delaware ...... 72,071,858 0 2,623,915 2,623,915 74,695,773 District of Columbia ...... 101,321,495 0 1,784,921 1.784,921 103,106,416 Florida ...... 681,704,899 101,482,592 0 101,482,592 783,187,491 Geor&ia ...... 491,696,649 73,542,789 0 73,542,789 565,239,438 Hawaii ...... 103,260,174 0 0 0 103,260,174 Idaho ...... 11S,440,745 0 29,018,952 29,018,952 144,459,697 Illinois ...... 581,329,132 56,524,583 19,902,374 76,426,957 657,756,089 Indiana ...... 359,118,934 53,885,464 0 53,885,464 413,00.,398 Iowa ...... 213,210,967 0 36,270,667 36,270,667 249,481,634 Kansas ...... 198,238,910 0 0 0 198,238,910 252 ,446,237 28,421 ,970 9,060,141 37,482,lll 289,928,348 ~~~f.~.· : : : :: :::::: : :: : ::::::::::::::::::::::::::::: : :::: : ::::::: :::: :::::: :: : :: : : :::::: : ::: : : : ::::::: : ::: : : : :: :::::: :: : : : ::: :: :: : :::::::::: 246,066,800 0 59,508,594 59,508,594 305,575,394 Maine ...... 90,365,422 0 0 0 90,365,422 Maryland ...... 306,928,307 0 8,016,044 8,016,044 314,944,351 MaSSIChusetts ...... 1,105,258,635 0 9,761,090 9,761,090 1,11S,Ol9,725 Michi&an ...... 451 ,001 ,276 65,844,659 0 65,844,659 516,845,935 270,034,873 0 20,506,333 20,506,333 290,541,206 178,326,455 0 43,251,478 43,251,478 221,577,993 =~=~~~: ::: : :::::::::::::::::: : :::: :: ::::: : : : ::::::::::::::::::: : :::::: : :: : ::: :: :: :: : ::: : : :::::::::::: : : : : : ::::::::::: : ::: : ::: : :: ::: :: :::: 369,834,256 54,923,855 0 54,923,855 424,758,111 Montana ...... 167,101,752 0 31,840,976 31,840,976 198,942,728 Nebraska ...... 145,948,843 0 50,613,573 50,613,573 196,562,416 Nevada ...... 113,263,622 0 2,565,334 2,565,334 115,828,956 New Hampshire ...... 86,644,941 0 0 0 86,644,941 New Jersey ...... 500,980,830 0 0 0 . 500,980,830 New Melico ...... 173,949,040 0 20,278,194 20,278,194 194,227,234 New York ...... 946,027,511 0 0 0 946,027,511 North Carolina ...... 418,077,581 0 92,816,470 92,816,470 510,894,051 North Dakota ...... 104,623,452 0 10,749,163 10.749,163 11S,372,615 Ohio ...... 593,571,518 29,101 ,783 60,087,911 89,189,694 682,761,212 14976 CONGRESSIONAL RECORD-SENATE June 17, 1991

TECHNICAl ASSISTANCE FOR SENATOR BYRD-FISCAl YEAR 1994 INCLUDE BENTSEN MINIMUM ALLOCATIO~ontinued

Byrd amendment s. 1204, fiscal year s. 1204 with Byrd States 1994 Proposed Bentsen minimum alloca- LMI of effort bonus, Total bonus, fiscal )'ear amendment, fiscal )'ear lion bonus, fiscal year 1994 fiscal year 1994 1994 1993 Oklahoma ...... 234,406,677 1,610,219 25,304,177 26,914,395 261,321,073 Oreaon ...... 212,771,948 0 26,432,691 26,432,691 239,204,639 Pennsylvania ...... 802,630,061 0 8,951,775 8,951,775 811,581,836 Rhode Island ...... 106,943,839 0 22,764,302 22,764,302 129,708,141 South Carolina ...... 237,056,346 19,582,004 15,486,452 35,168,466 272.224,812 South Dakota ...... 119,581,664 0 14,428,540 14,428,540 134,010,204 Tennessee ...... 331,562,936 0 56,213.148 56,213,148 387' 776,084 Texas ...... 1,019,601,782 152,793,381 0 152,793,381 1.172.395,163 Utah ...... 139,669,550 0 28,296,016 28,296,016 167,965,576 75,329,798 0 0 0 75,329,798 ~er~~i~t .:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 372,897,110 48,203,565 3,316,934 51,520,499 424,417,609 Washington ...... 357,952,569 0 43,427,260 43,427,260 401,379,829 172,755,625 0 51,053,704 51,053,704 223,809,329 :r~o~~~in~~ .. :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 312,519,399 0 50,821,350 50,821,350 363,340,749 Wyoming ...... 117,297,491 0 0 0 117,297,491 American Samoa ...... 587,188 0 0 0 587,188 Guam ...... 587,188 0 0 0 587,188 Puerto Rico ...... 88,306,526 0 0 0 88,306,526 Northern Mariana ...... 587,188 0 0 0 587,188 Virgin Islands ...... 587,188 0 0 0 587,188 Territories ...... 15,980,813 0 0 0 15,980,813 Total ...... ------17,237,786,615 942,830,206 943,000,000 1,885,830,206 19,123,515.821

TECHNICAl ASSISTANCE FOR SENATOR BYRD-fiSCAl YEAR 1995 INCLUDE BENTSEN MINIMUM ALLOCATION

Byrd Amendment s. 1204 with Byrd States S. 1204, fiscal year Proposed Bentsen mini- amendment, fiscal )'ear 1995 mum allocation bonus, level of effort bonus, Total bonus, fiscal )'ear 1995 fiscal year 1995 fiscal year 1995 1995 316,532,642 51,658,794 0 249,663,149 0 0 271,050,498 0 13,272,505 214,669,924 0 39,954,912 1,662,895,090 259,790,699 0 272,457,377 0 40,935,276 368,037,942 0 11,836,lll 79,642,156 0 3,168,167 108,010,251 0 2,155,073 742,285,724 122,470,874 0 535,391,501 88,717,719 0 109,325,987 0 0 127,712,150 0 35,038,142 638,176,783 63,454,315 24,030,397 391,034,180 64,984,695 0 236,386,348 0 43,792,698 219,485,284 0 0 27 4,888,536 34,296,907 10,938,990 267,937,594 0 71,849,103 99,763,780 0 0 326,876,638 0 9,678,570 1,183,389,795 0 11,784,473 491,092,176 79,583,350 0 295,446,317 0 24,759,377 194,189,964 0 52,221,191 402,703,125 66,293,615 0 184,696,860 0 38,444,589 161,813,445 0 61,110,635 124,934,928 0 3,097,439 95,777,543 0 0 534,178,766 0 0 192,053,829 0 24,483,854 1,026,896,115 0 0 455,273,881 0 112,068,160 115,958,289 0 12,978,742 646,321,414 35,000,022 72,549,471 255,251,919 2,734,281 30,551,507 231,585,873 0 31,915,058 854,473,408 0 10,807,881 114,585,793 0 27,486,183 258,125,576 23,752,981 18,698,515 132,464,476 0 17,421,101 364,113,277 0 67,870,136 1,110,217,266 184,283,048 0 153,969,028 0 34,164,324 83,515,260 0 0 403,702,925 60,913,108 4,004,741 380,571,107 0 52,431,920 190,995,536 0 61,639,013 333,411,043 0 61,361,746 129,892,747 0 0 651,090 0 0 651,089 0 0 97,909,897 0 0 651,089 0 0 651,089 0 0 17,719,929 0 0 18,732,659,398 1,137,934,408 1,138,500,000

TECHNICAl ASSISTANCE FOR SENATOR BYRD-fiSCAl YEAR 1996 INCLUDE BENTSEN MINIMUM AllOCATION

Byrd amendment S. 1204 with Byrd States S. 1204 fiscal year Proposed Bentsen mini amendment fiscal year 1996 mum allocation bonus level of effort bonus Total bonus fiscal year 1996 fiscal year 1996 fiscal year 1996 1996 Alabama ...... 362,765,486 57,591,061 57,591,061 420,356,547 June 17, 1991 CONGRESSIONAL RECORD-SENATE 14977 TECHNICAl ASSISTANCE FOR SENATOR BYRD-FISCAl YEAR 1996 INCLUDE BENTSEN MINIMUM ALLOCATION-Continued

Byrd amendment S. 1204 fiscal year s. 1204 with Byrd States Proposed Bentsen mini- Level of effort bonus amendment fiscal ,ear 1996 mum allocation bonus Total bonus fiscal year 1996 fiscal year 1996 fiscal year 1996 1996 305,287,415 0 0 296,137,374 2,288,261 19,112,185 231,578,233 0 57,529,425 1,793,920,758 401,169,833 0 318,203,646 0 58,947,521 353,783,722 0 16,222,325 97,371,998 0 4,562,632 104,549,314 0 3.102,855 800,628,455 186,646,264 0 577,462,050 135,070,535 0 97,159,588 0 0 155,779,819 0 50,461,101 773,274,713 21 ,276,912 34,606,100 421,757,518 98,869,798 0 290,617,528 0 63,055,771 269.124,032 0 0 317,987,009 31,742,674 15,749,760 309,520,508 0 103,446,032 121,756,046 0 0 318.333,456 34,790,362 13,937,005 395,832,667 0 16,958,760 550,613,459 100,914,983 0 343,495,738 0 35,653,503 233,125,254 0 75,191 ,334 471,317,157 64,126,719 0 224,678,560 0 55,357,873 198,928,613 0 87,996,334 151 ,920,143 0 4,460,817 117.122,700 0 0 528,122,257 34,069,527 0 232,148,976 0 35,256,226 1,125,293,003 0 0 491,188,136 0 161,391,730 142,191,594 0 18,691,242 697,094,717 59,120,452 104,463,651 286,268,345 0 43,986,157 258,346,491 0 45,959,614 834,502,539 20,669,522 15,558,201 101.965,562 0 39,585,357 278,423,931 37,811,449 26,927,246 161,971,919 0 25,087,001 426,700,020 0 97,716,032 1,219,678,541 258,225,590 0 187,175,196 0 49,193,639 102,660,624 0 0 435,547,351 93,701,749 5,765,544 360,048,809 0 75,479,893 233,554,377 0 88,726,750 322,267,890 0 88,360,385 159,096,008 0 0 801,080 0 0 801,080 0 0 120,401,393 0 0 801,080 0 0 801,079 0 0 21 ,802,050 0 0 19,733,687,007 1,638,085,791 1,638,500,000

The PRESIDING OFFICER. The Sen highway use, should be the criteria on its way to the House by tomorrow ator from Virginia. used in distributing highway funds. evening. I do not want to preclude the Mr. WARNER. Mr. President, on be A number of Senators, understand Senator from Idaho. half of the donor Senators-who were ably, feel they must have a record vote Mr. SYMMS. I say to my colleague, I convened today by Senator BENTSEN on the amendment referred to as the concur. Looking at these numbers, all I and myself-! want to express apprecia FAST amendment at some point in can say is I hope they are accurate be tion to the distinguished chairman and time, recognizing, of course, that cause it almost looks too good to be my colleague from West Virginia for amendment will not prevail. The FAST true. this modification. amendment does represent the work Mr. MOYNIHAN. Will the Senator I also want to convey my sincere ap product of over 2 years of effort by a allow a complete diversion? One of preciation to the majority leader for very conscientious group of State those things you learn as a kid is that his leadership in recognizing the need transportation officials, with some the longest word in the English dic to address the fairness issues raised by dozen or more States across the United tionary is antidisestablishmentarian donor States. Senator BENTSEN who States. ism. In fact, the longest word in the has a corporate memory of the formula But I thank my distinguished col English dictionary is floccinaucini issues dating back nearly a decade also league from West Virginia. hilipilification. It was used in the deserves much credit for again taking Mr. BYRD. Mr. President, I thank my House of Commons by a finance min up the cause of the donor States. friend, the distinguished senior Sen ister. It comes out of the Eaton Latin I think now there will be a growing ator from Virginia. Grammar, and it is on the futility of support for the Byrd amendment as Mr. MOYNIHAN. Mr. President, I am making estimates. However, I once modified. sure I would express the views of my wrote a book review in the New Yorker While providing some relief to donor comanager here, the Senator from Magazine which I entitled, "Floccinau States, I remain concerned that the Idaho, that this is a very positive de cinihilipilificationism." If I could just Byrd amendment does not address the velopment. I wish to express apprecia get it a few more times used on the fundamental problems with the appor tion to the Senator from West Virginia Senate floor as I have just done--1 offer tionment formula as provided in S. who has very ably pursued the inter to tell our distinguished reporter that I 1204. ests of the States involved. I see pos will see that it is spelled correctly-the I continue to believe that available sibly an extended day but I do not day may come when that will be the data which more accurately reflects know why we cannot have this measure longest word in the English dictionary. 14978 CONGRESSIONAL RECORD-SENATE June 17, 1991 A distinction that will have been con Station. The transitway will also per management systems; second, it adds a firmed on this floor. I say it again, mit express bus service to Logan Air rural tourism and recreational travel "floccinaucinihilipilificationism," the port via the Third Harbor Tunnel and component; third, it asks FHW A to futility of making estimates on the other connections to the MBT A Orange designate 4 of the 48 State centers as subject of the accuracy of public data. and Green Lines. Native American Centers to provide Mr. President, I yield the floor. Finally, the initial tunnel segment special services to tribal governments; Mr. BYRD. Mr. President, may I say can be jointly constructed with a por and fourth, it authorizes $8 million per to the distinguished Senator from New tion of the Central Artery project, at a year from administrative funds to fi York, I used that word on the Senate cost saving of nearly 40 percent for the nance the rural and urban centers and floor myself 2 or 3 years ago. I cannot transitway. To that end, Mr. President, provides a one-time S5 million author remember just when or what the occa I would like to engage the manager of ization for fiscal year 1992 to develop sion was, but I used it on that occasion the bill in a brief colloquy. training materials for the rural tour to indicate that whatever it was I was Mr. President, would the Senator ism and recreational travel component. discussing it was something like a from California agree with me that this Let me explain further. In my mere trifle or nothing really being of joint construction potential and the amendment under "(b) grants and con moment. ability to save costs on both the tran tracts," the Secretary is instructed to Mr. MOYNlliAN. Mr. President, no sit and highway projects represents a assist rural local transportation agen one surpasses the erudition or scholar unique opportunity that should not be cies to develop and expand their exper ship of our revered President pro tem lost? tise in road and transportation areas, pore with respect to parliamentary Mr. CRANSTON. Yes, such a coordi including pavement, bridge, and safety comments. And having said what I nated cost-saving endeavor is just the management systems; improve roads said, I believe the Senator has referred kind of activity that is encouraged and bridges; and enhance programs for to floccinaucinihilipilification, but did under the highway and transit titles of the movement of passengers and the Senator add the "ism?" this Surface Transportation Efficiency freight. The administration's provision Mr. BYRD. No, I did not. That is Act. does not include the pavement, bridge, something new. Mr. KENNEDY. And would the Sen and safety management systems re Mr. MOYNlliAN. U I could just get ator from California further agree with quirement. Under S. 1204, States are help in that direction, it would com me that UMT A should be urged to ex expected to use these systems, estab plete our lexicology. pedite its environmental review of the lish a continuous statewide planning Mr. BYRD. Let us get our heads to project in order to be able to issue a process, and consult with local officials gether. record of decision by late spring of 1992, in identifying a project list. The bill Mr. MOYNlliAN. I yield the floor. so that joint construction with the stops short of requiring State govern SOUTH BOSTON PIERS TRANSITWAY central artery can proceed in the fall of ments to develop strategic rural plans. Mr. KENNEDY. Mr. President, for 1992? Rural areas would benefit from FHW A the past 5 years the Massachusetts Bay Mr. CRANSTON. Yes. I join the Sen and State center planning assistance. Transportation Authority [MBTA] has ator in urging UMTA to expedite its re State and Federal transportation agen been working with the city of Boston view process and coordinate to the cies should work with local officials to to extend transit services to the South maximum extent possible with the identify a core local road and bridge Boston Piers area. This part of South Federal Highway Administration so network system that impact State and Boston, which is currently isolated that joint construction of the central national productivity and service de from Boston's transportation services, artery project can proceed in a timely livery. That planning process may in is projected to be the next area of Bos manner. clude a budgeting component or a ton for significant development over Mr. KENNEDY. I thank the Senator State-local model such as that devel the next 20 years. Just last week, the for his remarks and for his support, oped by Dr. Larson while he was the GSA announced that this area would be and commend him for his leadership on head of the Pennsylvania Department the site for Boston's new Federal this critical transportation measure. of Transportation. Dr. Larson divided courthouse facility. Mr. BURNS. Mr. President, I rise the State's roads between commercial Improved transit service is needed to today to point out a discrepancy that routes and an agri-access network. The ensure that the economic development has occurred due to the adoption of two local network was actually identified strategy adopted for this area by the separate amendments to S. 1204 during by local officials and businesses and city of Boston and the Commonwealth its floor consideration last week. On disclosed that State spending prior of Me.ssachusetts can be pursued while Wednesday, June 12, 1991, the Senate ities, especially for local bridges, were ensuring the preservation and improve approved my amendment 299 to estab not the same. ment of transportation and environ lish an education and training pro This program could help the United mental values. gram. My amendment was a modifica States retool its 3.9 million mile road After careful study and consider tion of language included in S. 610, the network by starting at the bottom up. ation, the MBTA has chosen to pursue administration's highway bill. Then on The U.S. rural road network has not a bus tunnel transitway to serve the Thursday, June 13, 1991, at the request been reviewed by Congress since 1944 South Boston Piers area. This ap of FHWA Administrator Dr. Larson, when it selected interstate routes and proach has a number of advantages the committee included the adminis approved the secondary road system. In over competing transit strategies. tration's exact language on an edu 1944, highway planners defined the First, it can be built and expanded cation and training program, along basic economy as agricultural, natural incrementally. The initial bus tunnel with three other provisions, in its tech resource extraction and manufactur segment will alleviate the most criti nical amendment 321. I believe that ing. Services were called nonbasic sec cal surface congestion problems. As the this action was an oversight and that tors of the economy, and were consid area is developed further, additional the committee did not intend to super ered only as supporting activities to tunnel segments can be constructed to sede amendment 299. I would, there the basic sector. By 1955, the U.S. De meet growing transit ridership de fore, urge the floor managers to sup partment of Commerce projects that mand. port the full Burns amendment in the only 39 percent of all business activity Second, the use of buses in tunnels House/Senate conference. will be directed at producing goods with portals to the surface permits My amendment differs from the ad with the remaining 61 percent related intermodal connections with Boston's ministration's v:ersion as adopted by to service delivery. Rural economies commuter rail and Amtrak service, the Senate four ways: First, it requires are more fragile and vulnerable to the commuter and intercity bus service, FHW A to provide local officials infor effects of outside forces such as global and MBTA Red Line service at South mation on pavement, bridge, and safety competition and changes in the trans- June 17, 1991 CONGRESSIONAL RECORD-SENATE 14979 portation system. The survival of these local officials to maximize infrastruc The PRESIDING OFFICER. Without communities based on a service-ori- ture spending to improve the economy. objection, it is so ordered. ented economy and a switch to natural A current effort by Fort Belknap Mr. SPECTER. I thank the Chair. attractions hinges on improved and Reservation and the Montana State continual access to the interregional Department of Transportation is an 11- highway grid and major rail carriers. lustrative example of how S. 1204's BASE CLOSURES The rural tourism and recreational tourism provisions could be imple Mr. SPECTER. Mr. President, I have travel component is necessary to im- mented. Under a joint project, the been looking for some time that I plement S. 1204's scenic and historic State and tribe are building a rest area might speak without interrupting the byways provisions, to encourage trans- and adding a left-hand turn lane to pull Senate's other business concerning the portation enhancements that reflect traffic off adjacent U.S. Highway 2. A matter of the base closure law and community values, and to help States vehicular scenic and cultural tour loop some really startling developments as incorporate recreational travel and and visitor services development are they relate to the Philadelphia Navy tourism into the continuous statewide also underway. That development may Yard. When I make these comments, planning process required under sec- include a Bureau of Land Management obviously as a Pennsylvania Senator, I tion 114. The 1991 USDOT national see- scenic or cultural route. In addition, am vitally concerned about what hap nic byways study and inventory shows non-Indian governments have shown an pens to an installation in my State, that 85 percent of the designated- interest in working with Fort Belknap but I make the comments about the 33,975 miles-or potential scenic by- on a regional tourism economic devel Philadelphia Navy Yard because of its ways-16,194 miles-are on roads eligi- opment plan that will showcase Native established value to national defense. ble for regular Federal grants. Further American culture and disperse visitors We have just been through a trau analysis show that 49.1 percent of the throughout western Montana. matic experience in the gulf war where designated miles and 62.9 percent of the Finally, the last difference between it is claimed that air power was the new routes are on roads serving small my amendment and the committee critical factor in our victory there. communities or managed by the U.S. amendment is that my amendment sets Much of the air power flew off aircraft Forest Service, the Bureau of Land a annual $8 million authorization level carriers in the region, and those car Management, and the Bureau of Indian for the education and training pro riers, to a substantial extent, were re Affairs. USDOT recognized that these gram. Dr. Larson seeks a statutory habilitated under the Philadelphia communities, as well as States, would base for rural centers, which are not Navy Yard's service life extension pro require technical assistance in develop- funded by a line item in FHWA's budg grams. ing and implementing a scenic route et, and expansion to urban areas under When the Congress passed the base program. 1,000,000 to fill an urban technology closure procedures pursuant to a deci During discussions with USDOT, my gap. OMB has denied FHWA's request sion by the Congress wJth the execu staff was told that the most efficient in the past to increase program funding tive to downsize the Department of De vehicle to distribute information to from $3.7 million to $6 million for rural fense by some 25 percent over 5 years, local officials was the Rural Technical centers and to provide urban centers. there were specific provisions enacted Assistance Program. That makes This addresses that problem. These to provide standards and basic fairness sense. As envisioned, FHW A would de- funds are justified because as more in the decisions which were to be made. I submit, Mr. President, that as a re velop training material for rural cen- centers have come on-line the grant sult of disclosures which have come to ters compatible with the national see- amount has dropped from $125,000 per light earlier this month, the Depart nic office and program responsibilities center to an estimated $90,000 per cen ment of the Navy has failed to disclose and goals. ter for fiscal year 1992. The $8 million relevant information in what amounts The amendment also directs FHW A authorization would allow FHW A to in to grossly inappropriate conduct. I to designate 4 of the 48 State centers to crease rural center funding, expand would characterize it only in that man provide special services for tribal gov- services to native Americans and urban ner at this point. The specifics will be ernments. The Native American Cen- centers, and update training material. come clear as I outline precisely what ters would focus on rural tourism eco- In addition, a one-time $5 million au has happened. nomic development, intergovernmental thorization is provided to develop the Mr. President, a starting point, al relations training and set up a "cir- travel and tourism component. though not really the beginning point, cuit-rider" program. To designate I also want to be clear on one final would be a letter which I sent to the these centers, FHW A shoul~ issue a no- point. I agreed to include the adminis Secretary of the Navy on April 19, 1991, tice requesting nominations and com- tration's expansion of the existing where I asked for certain information menta on specific suggestions on pro- rural centers to provide urban services which demonstrated that there had gram operation. The intergovern- only after receiving assurance that the been a deviation from the base closure mental training material should be dis- · rural program would not be short criteria. tributed on a nation-wide basis. changed. Since the rural centers are so Mr. President, I ask unanimous con The Native American Centers are well established, it should not be nee sent that the full text of that letter be vital to the Senate floor amendment essary to earmark urban and rural printed in the RECORD at the conclu 343 that was approved at the request of spending by statute. However, FHWA sion of my statement. the Select Committee on Indian Af- and OMB are expected to provide an in The PRESIDING OFFICER. Without fairs. That amendment increased the crease for rural services commensurate objection, it is so ordered. authorization level for BIA roads from with the overall program increase. (See exhibit 1.) $150 million to $200 million over today's For the reasons stated above, I urge Mr. SPECTER. I thank the Chair. $80 million level and gives tribes 2 per- the floor managers to support my full Mr. President, there was concern ex cent of the money to develop a tribal amendment as originally adopted. pressed by a number of us, both in the improvement plan. For historic, cui- Mr. SPECTER. Mr. President, if House and in the Senate, concerning tural, and institutional reasons, Indian there are no further comments on the what was happening with respect to and non-Indian governments lack an highway bill, I have been on the floor the information provided by the De understanding of each others proce- the better part of an hour waiting to partment of Defense. Then the General dures and do not have a close working make some comments as if in morning Accounting Office published a report relationship. Hopefully, these centers business. I see all my colleagues desert on May 5, 1991 which has portions will close the information gap so that ing the premises, so at this time I ask which are very pertinent to what we governments can take full advantage of unanimous consent that I may proceed are considering at this moment. At S. 1204's continuous statewide planning for a period of up to 20 minutes as if in page 46, the General Accounting Office process and required consultation with morning business. said as follows: 14980 CONGRESSIONAL RECORD-SENATE June 17, 1991 Due to the limited documentation of its ing that the Navy may have made a department routing slip which gives a due process, we also could not assess the reason calculation not to answer our request date of May 24th to my letter of April 19th, ableness of the Navy's reocmmendation for until May 24, 1991. The relevancy of 1991, since the response would be too late for closures. However, we reviewed and that day is that the Base Closure Com my presentation on the Philadelphia Navy recalculated the Navy's ship berthing capac yard at either the Washington hearing of ity analysis and found that excess capacity mission had scheduled a hearing for May 22nd or the Philadelphia hearing of May would remain even with the closure of the May 22, in Washington, and a hearing 24th. I would appreciate your personal review recommended bases. in Philadelphia for May 24. If I did not of the situation and your prompt response The Navy's Base Structure Committee, receive the information until May 24, it with a copy to Secretary of the NavY Gar which was charged with making base closure would be too late for me to use that in rett. realignment recommendations, began its re formation in the presentation of argu Later that day, I received a one-page view of the NavY'S basing structure in late ments. It is obviously an indispensable response from the Secretary of the January 1991. However, the committee did matter for due process to have the in not fully explain its process to us until May Navy which on its face obviously was 7, 1991, when it informed us that after review formation to use in argumentation be totally inadequate. So that the RECORD of data prepared by its working group the fore the Base Closure Commission in may be complete, Mr. President, I ask Base Structure Committee decided that objecting to the closure of the Phila unanimous consent that the letter much of its data were biased in favor of delphia Navy Yard. from Secretary Garrett to me dated keeping bases open and were inadequate for Mr. President, we could not receive a May 21, 1991, together with an enclosed an objective assessment of the Navy's basing copy of that routing slip because the chart be included in the RECORD at the needs. Navy refused to let Mr. Ruffin have it. conclusion of my comments. I underscore, Mr. President, the This sequence is set forth in some de The PRESIDING OFFICER. Without GAO's conclusion that the data was tail in a memorandum from Mr. Morrie objection, it is so ordered. "inadequate for an objective assess Ruffin to me dated May 15, 1991, where (See exhibit 6.) ment of the Navy's basing needs." Mr. Ruffin pointed out "He then men Mr. SPECTER. Mr. President, on the Then at page 48 the General Account tioned to me that he had a copy of a face of this record, when the Base Clo ing Office report specified three rea routing slip attached to the letter sure Commission had its hearing on sons that the Navy's process were inad which gave a due date for the response May 22, 1991, where the evidence was equate. of May 24, 1991." But when Mr. Ruffin conclusive that the Navy had delib First, due to a lack of supporting asked for a copy of the transmittal erately withheld information until documentation, the GAO "could not memo it was refused. after the Base Closure Commission determine the basis for the commit Again my comments can be abbre hearing on May 22, and did not plan to tee's military value ratings for Navy viated by including this full memo at provide the information to me until installations." Next the GAO found the conclusion of my remarks. So I ask May 24, I made a very strong charge that in explanation committee mem unanimous consent that it be included which I think was totally supported by bers stated that "not all yellows are at the conclusion of my statement. the facts: At the May 24 hearing with equal" and "not all greens are equal," The PRESIDING OFFICER. Without the Base Closure Commission, I said which was the coding system. So the objection, it is so ordered. that the Navy was guilty of fraud, very basics of the Department of the (See exhibit 4.) which is the intentional withholding of Navy's conclusions were muddled. And, Mr. SPECTER. Mr. President, slight relevant material. That is a strong last, the GAO concluded, "although re ly out of sequence but relevant struc charge but I said that and I repeat it quired by the Office of the Secretary of turally, I later obtained a copy of this today, because I think the facts sup Defense policy guidance to develop and memorandum from former Secretary of port it. implement an internal control plan for the Navy Will Ball which shows conclu Later on May 22, the Base Closure its base structure reviews, the Navy sively that the Navy's intent to answer Commission released two documents did not assign responsibility for devel the inquiries of my letter of April 19, which supported the assertions I had oping and implementing such a plan." 1991, was to have a response on May 24, made about the Navy's failure to reveal Mr. President, I ask unanimous con 1991, which as I have noted precluded relevant documents. It is my conclu sent that at the conclusion of my re my using the information in scheduled sion that the Base Closure Commission marks the full text of pages 46 and 48 hearings on May 22d and May 24th. I had these prepared in advance but they be included in the CONGRESSIONAL ask unanimous consent that this rout fit hand in glove with the assertions, RECORD, which will save time in the ing slip be included in the RECORD at with the representations and argu presentation at this moment. the conclusion of my remarks. ments which I have made earlier. The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without One document, Mr. President, said objection, it is so ordered. objection, it is so ordered. that the Base Closure Commission (See exhibit 2.) (See exhibit 5.) found "gaps of information in the Navy Mr. SPECTER. I thank the Chair Mr. SPECTER. Mr. President, in the process"; that the "staff learned that again. context of what was happening I was the Navy's BSC applied-that is the Mr. President, I later wrote Sec gravely concerned and decided to take Navy's Base Structure Committee-a retary of Defense Cheney by letter this matter up directly with the Sec great deal of undocumented subjective dated May 17, 1991, because of a failure retary of Defense. And there was fortu judgment to a major Navy facility of the Department of the Navy to pro itously scheduled on May 21, a meeting study"; that "despite general expla vide information, and this letter bears of the Defense Appropriations Sub nations of the process, the Commission upon the sequence of events. So I ask committee where Secretary of Defense is still unable to determine if the sub unanimous consent at this point that Cheney was scheduled to testify for his jective judgment of the Navy's group the full text of the letter be printed at one appearance, which in the tradition was applied fairly and consistently to the conclusion of my remarks which of the Defense Appropriations Sub all bases in all categories in accord will enable me to abbreviate the com committee is scheduled at the conclu ance with the force structure plan and ments at this time. sion of the other hearings. the Department of Defense criteria The PRESIDING OFFICER. Without At that time, Mr. President, I raised mandated by law." objection, it is so ordered. the matter with the Secretary of De I ask unanimous consent that the (See exhibit 3.) fense and handed him a letter, which is full two-page text be included again at Mr. SPECTER. Mr. President, a re very brief, as follows: the conclusion of my floor statement port was made to me by Mr. Morrie DEAR DICK: I have decided to hand you this today. Ruffin of my staff about his continuing letter with the enclosed memo at today's The PRESIDING OFFICER. Without efforts to secure information from the hearing to be certain you get it forthwith. I objection, it is so ordered. Department of the Navy, and his find- am very, very concerned about the NavY'S (See exhibit 7.) June 17, 1991 CONGRESSIONAL RECORD-SENATE 14981 Mr. SPECTER. I thank the Chair. Mr. President, I ask unanimous con keeping the Philadelphia Naval Shipyard Mr. President, then there was an ad sent that the full text of this be print open. ditional document captioned "Chair ed at the end of my floor statement. On June 4, 1991- man Courter today released the follow The PRESIDING OFFICER (Mr. And then I recite the activities Con ing statement"-and it specifies in part KERREY). Without objection, it is so or gressman WELDON and I had under "On Monday of this week, members of dered. taken, and I recite the critical docu the Commission staff met for 41h hours (See exhibit 8.) ments, and then I conclude with the with the Navy's base closure group in Mr. SPECTER. After confronting the handwritten notation: an effort to determine how their con naval officials present at the meeting, Mr. Secretary, this is not evidence of a clusions were reached." they then gave me a report which con smoking gun. This is evidence of a firing gun. Then he goes on to say, "The Navy tained that page and other pages, with group employed a great deal of subjec a letter of transmittal dated 5 June Copies were sent to the Secretary of tive judgment in drawing up their list 1991. the Navy, relevant naval personnel, of recommendations for closure and I emphasize and repeat that this was and members of the Pennsylvania and alignment." not given to me until after I had con New Jersey delegations. fronted them with the document and I ask unanimous consent that my let Further, Chairman Courter's state the page just referred to. ter of June 6, 1991, to Secretary Che ment said, "GAO and the commission Mr. President, I ask unanimous con ney, be printed in the RECORD at the staff have pointed to an alarming lack sent that the cover letter from Admiral conclusion of my statement. of information about the Navy's deci Lang to me dated June 5, 1991, be print The PRESIDING OFFICER. Without sionmaking process." ed in the RECORD. objection, it is so ordered. Mr. President, following the May 22 The PRESIDING OFFICER. Without (See exhibit 12.) hearing, where I concluded the Navy objection, it is so ordered. Mr. SPECTER. I ask unanimous con had engaged in fraud, and the Base Clo (See exhibit 9.) sent that my letter of the same date to sure Commission itself had supported Mr. SPECTER. Two key pages of a the Defense Base Closure Commission the conclusive fact that the Navy had very voluminous document, which I am also be printed in the RECORD. not been as forthcoming with the ma not including in the RECORD at this The PRESIDING OFFICER. Without terials as they should have been, many time because it is too voluminous, but objection, it is so ordered. members of the Pennsylvania delega one key page contains a percentage (See exhibit 13.) tion and I then continued to try to find utilization at naval shipyard dry Mr. SPECTER. Congressman out precisely what the underlying facts docks, which shows conclusively that WELDON, Mr. President, then supple were. We then had access to materials there would be utilization way in ex mented these findings by locating addi which were supposed to have been in cess of 70 percent, which is the stand tional data which favored keeping the the files of the Department of the ard the Navy has sought to comply Philadelphia Naval Shipyard open. And Navy, which the Department of Navy with so there would be at least a 30- Congressman WELDON made those doc had never given to us, and which sup percent vacancy for emergencies. uments available to the Base Closure ported the conclusion that the Phila I ask unanimous consent that this Commission by a letter dated June 13, delphia Navy Yard should remain open. page be printed in the RECORD at the ·1991. On June 4, 1991, Congressman conclusion of my statement. I ask unanimous consent that Con WELDON and I met with Department of The PRESIDING OFFICER. Without gressman WELDON's letter be printed in the Navy personnel and some staff objection, it is so ordered. the RECORD following my floor state from the Base Closure Commission and (See exhibit 10.) ment. went through, in a very protracted Mr. SPECTER. Here is the cover The PRESIDING OFFICER. Without meeting lasting almost 2 hours, our sheet specified in a letter from Admiral objection, it is so ordered. sense that the Navy had withheld spe Claman, Commander of Naval Systems (See exhibit 14.) cific information and that there was a Command, Chief of Naval Operations, Mr. SPECTER. Congressman WELDON document where a recommendation recommending option two, that the forwarded to the Base Closure Commis had been made by responsible naval Philadelphia Naval Shipyard be left sion a memorandum from Admiral personnel that the Philadelphia Navy open. Hekman dated December 19, 1990, which Yard should be kept open. I ask unanimous consent that the said: l then returned, Mr. President, the letter be printed in the RECORD at the While I realize that the Secretary has been conclusion of my statement. briefed and has concurred with the proposal next day, on June 5, late in the after to mothball the Philadelphia Naval Ship noon. The Senate was in session, and The PRESIDING OFFICER. Without objection, it is so ordered. yard, I strongly recommend that this deci we were voting until close to 6 o'clock. sion be reconsidered. I met on that day again with Navy per (See exhibit 11.) Mr. SPECTER. Mr. President, it Admiral Hekman went on to say that sonnel and, at that time, confronted the Philadelphia Shipyard ought to be them with a page from a document seems to me just astounding that, given the status of the law and there kept open. which had not been turned over to me, I ask unanimous consent that Admi or others requesting information. Page quirement that the Navy provide inter ested members of the Pennsylvania ral Hekman 's memo be printed in the 10 of the document, Mr. President, RECORD at the conclusion of my state stated: delegation, or other interested parties, including the Base Closure Commis ment. Closure of the Philadelphia Naval Ship sion, the Navy would in fact not make The PRESIDING OFFICER. Without yard, without retention of the large carrier such documentation available. objection, it is so ordered. capable docks, creates a shortfall in dry dock (See exhibit 15.) capab111ty for emergent docking of aircraft That prompted me to write to the Secretary of Defense on June 6, 1991, Mr. SPECTER. Admiral Hekrnan sub carriers. The only other carrier capable dry mitted an additional memorandum dock available on the East Coast under Navy asking for his immediate personal ac control is at Norfolk Naval Shipyard. tion. Let me read a couple of para dated March 15, 1991, where he says in graphs: part: And then the memorandum goes on I continue to take the position that reten to point out, "The cost of providing a Dear Secretary of Defense Cheney, I urge your immediate personal action on serious tion of a credible repair capability at Phila dedicated dock under contract is con wrongful conduct by Department of Na'Vy delphia for naval shipyards homeported in sidered prohibitive." The upshort of personnel in withholding critical informa the northeastern area is the most cost-effec this memorandum, Mr. President, is a tion favorable to the Philadelphia Navy tive solution. factual basis saying that the Philadel Yard. We have now caught Navy personnel I ask unanimous consent that Admi phia Navy Yard should remain open. redhanded in concealing data which supports ral Hekman's memorandum dated 14982 CONGRESSIONAL RECORD-SENATE June 17, 1991 March 15, 1991, be printed in the This is a matter where I have not yet both the nuclear and conventional workload RECORD at the conclusion of my floor heard from the Secretary of Defense. for the naval shipyards for the remainder of statement. This is a matter which may require ac the century immediately be made part of the The PRESIDING OFFICER. Without tion by the inspector general of the De public record. Thank you for your attention to this mat objection, it is so ordered. partment of Defense. But the people of ter. (See exhibit 16.) the United States are entitled to an My best. Mr. SPECTER. Mr. President, the swers as to how the Department of De Sincerely, documentation by Admiral Hekman fense is proceeding clearly in violation .ARLENE SPECTER. shows in addition to the concealment of the base closure law. by the Department of the Navy facts I make these facts available at this EXHIBIT2 and materials supportive of keeping time so that my colleagues may have CHAPTER 4-THE NAVY'S BASE CLOSURE AND the Philadelphia Navy Shipyard open. the availability of them, so that the REALIGNMENT PROCESS AND ASSOCIATED It shows, in addition, a prejudgment by Department of the Navy and the De RECOMMENDATIONS the Department of the Navy that the partment of Defense may see that we We were unable to conduct an extensive re Secretary had already made his mind continue to press for this important in view of the process the Navy used to rec up on December 19, 1990, without going formation and ultimately for an ac ommend bases for closure or realignment, through the procedures mandated by counting by the Department of the because the Navy did not adequately docu law, and that that decision remained in ment its decision-making process or the re Navy and the Department of Defense sults of its deliberations. In addition, the effect on March 15, 1991. for this grossly inappropriate conduct. We are looking further into the spe Navy did not establish an internal control I thank the Chair. plan to ensure the validity and accuracy of cifics, of the legal requirement of due I yield the floor. information used in its assessment as re process, that the Philadelphia Navy ExHIBIT! quired by OSD. Shipyard should have an opportunity Due to the limited documentation of its to present those arguments without U.S. SENATE, process, we also could not assess the reason the prejudgment having been made by Washington, DC, April19, 1991. ableness of the Navy's recommendations for the Secretary of the Navy in what has Hon. H. LAWRENCE GARRETT ill, closures. However, we reviewed and Secretary, Department of the Navy, The Penta recalculated the Navy's ship berthing, capac been a bias all along for a nuclear gon, Washington, DC. Navy. DEAR SECRETARY GARRETT: Upon reviewing ity analysis and found that excess capacity Mr. President, I have taken some the "detailed analysis" that the Navy is would remain, even with the closure of rec time to outline what has occurred be using as justification for making its base ommended bases. fore the Base Closure Commission and closure recommendations, I am extremely THE NAVY'S PROCESS AS DESCRIBED BY NAVY what has occurred with the categorical concerned by what looks to be a significant OFFICIALS refusal of the Department of the Navy deviation from the base closure criteria. The Navy's Base Structure Committee, to turn over to this Senator and other According to Navy documents, during a which was charged with making base closure process called Phase I, all installations were and realignment recommendations, began its Members of Congress information to be evaluated against the first four OSD review of the Navy's basing structure in late which we had a right to in advance of closure criteria (military value) developed January 1991. However, the Committee did the Commission arguments on May 22 by the Secretary of Defense. This was done. not fully explain its process to us until May andMay24. At the end of Phase I, the Base Structure 7, 1991, when it informed us that after review At this juncture, the procedures fol Committee (BSC), the group charged with of data prepared by its working group, the lowed by the Department of Defense determining which Navy facilities should Base Structure Committee decided that and the Department of the Navy are fa close, then excluded from further review much of the data were biased in favor of tally flawed. The only appropriate those bases "that received an overall rating keeping bases open and were inadequate for course at this juncture, which I have of 'green' after applying all four military an objective assessment of the Navy's basing asked for in the letter to the Secretary value criteria." In the case of the naval ship needs. Its review, therefore, emphasized a se yards, the only base that merited exclusions ries of briefings and meetings attended by of Defense, dated June 6, 1991, is to from further review on this basis was NSY Committee members, Navy and Marine Corps take the Philadelphia Navy Yard off Puget Sound. headquarters officials, and representatives of the base closing list. One would therefore assume that if the field activities. According to Committee But there are issues here that go far Navy were strictly following the base closure members, decisions made during the process beyond what is going to happen to any criteria, as mandated by law, seven remain were sometimes made in the presence of ev single installation. These are issues ing shipyards should have been evaluated eryone in the meetings and were clear to ev which touch the integrity of the De during Phase II. However, only one ship eryone in attendance. In other cases, the de partment of the Navy in failing to turn yard-Philadelphia-was evaluated during cisions were made by the Committee in over documentation at the request of Phase II against the final four criteria. The closed executive sessions. Based on this re this Senator, and in a calculated way, five remaining nuclear shipyards and the one view, the Committee proposed closure and other conventional shipyard (none of which realignment actions to the Secretary of the scheduling the turnover of that infor received an overall rating of "green") were Navy on March 21, 1991. mation on May 24; and then in the fail summarily excluded from consideration for We reviewed the charts that were used in ure to turn over documents which are closure. This decision was based not on the the presentations to the Committee. These supportive of keeping the Philadelphia eight criteria developed by the Secretary of charts were generally in outline form. Our Navy Yard open. Defense, but on criteria the Navy unilater review of this information showed that pres Mr. President, I had said to the Navy ally and arbitrarily decided was more impor entations were organized by 23 Navy and 6 officials at the June 4 meeting that we tant. Marine Corps categories representing the are all on the same team; we are all According to Navy documents, the BSC ex various Navy functions and missions. For ex working for the people of the United cluded the six nuclear capable shipyards ample, the category "naval stations" in from further consideration because of the cluded bases that have deep water harbors States of America. And if the facts sup nuclear workload scheduled for the navy and piers and serve as home bases for Navy port closing any particular installa shipyards in the remainder of the century. surface ships and aircraft carriers. The cat tion, so be it. But it is inappropriate, The documents state that "this scheduling is egory "naval air stations" included bases wrongful, and unconscionable for the based upon the best information available that have runways and hangars and serve as Department of the Navy to fail to turn and takes into consideration the known home bases for aircraft. Other categories in over information to Members of Con force structure reductions." cluded submarine bases, shipyards, aviation gress, Members of the Senate and Mem If this information carried such weight depots, supply centers/depots, Marine Corps bers of the House, that we have a right that it allowed the Navy to supersede eval bases, Marine Corps air stations, reserve cen uation against the Secretary of Defense's ters, and RDT&E activities. to see in formulating our own judg final criteria, then it is imperative that this The Base Structure Committee told us ment as to whether the Navy shipyards "workload" data be made available to Mem that a capacity analysis was then discussed should stay open, and in formulating bers of Congress, the Base Closure Commis for each functional category, which com our arguments to be presented to the sion, and the GAO. Accordingly, I hereby re pared the 1997 force structure facility re Base Closure Commission. quest that all documentation concerning quirements against the existing inventory. June 17, 1991 CONGRESSIONAL RECORD-SENATE 14983 Critical factors were identified for each cat of this data were biased in favor of keeping mainder of the century immediately be made egory and served as units of measure for ca bases open. In mid-April, the Base Structure part of the public record." This information pacity. For example, pier space was used as Committee provided us with four additional has not been provided either to my office, the primary unit of measure for naval sta volumes of material that consisted primarily the General Accounting Office or the Base tions, and airfield apron and hangar space of briefing charts that were basically out Closure Commission. were used for naval air stations. lines of matters and data to be discussed, I requested that this information be made Of the eight categories of bases the Com without any explanation or supporting data. part of the public record because the NavY mittee retained for further closure and re Also, Committee members said they did not has not provided adequate analysis or sup alignment analysis, four were retained be prepare minutes of their deliberations. porting documentation to justify its decision cause the Base Structure Committee identi Second, we identified apparent inconsist to exclude from further review for possible fied potential excess capacity: (1) naval sta encies within the Committee's internal rat closure all of its shipyards except for the tions, (2) naval air stations, (3) shipyards, ing process. For example, the Committee had Philadelphia Navy Shipyard. The NavY's de and (4) Marine Corps air stations. Two other given identical ratings to two naval stations cision process is described on page 8 of Tab C categories-the training and construction on each of the first four DOD selection cri in the Navy's "Detailed Analysis" which battalion centers categories-were retained teria but had assigned an overall rating of states that these yards were excluded from for further analysis, because they showed po green to one and yellow to the other. Simi review because of "unique" factors relating tential excess capacity in segments of the larly, the Committee had assigned identical to the nuclear workload and the availability overall categories. The medical category was ratings to six naval air stations for the first of drydocks on the West Coast. also retained because of the link between four DOD selection criteria. Four bases were At a presentation by the Navy to my staff medical fac1llties and major installations assigned an overall rating of yellow and two on Monday, May 13, NavY staff from OP-431 that were being evaluated for closure or re an overall rating of green. These inconsist asserted that the Philadelphia Shipyard alignment. Finally, the RDT&E category encies are significant because any base given should be closed based upon projected work was retained for analysis based on a man an overall rating of green, based on the first load trends. How can any reasonable person dated requirement to reduce personnel by 20 four DOD selection criteria, was excluded analyze a closure recommendation made on percent. from further closure or realignment consid this basis without detailed information A m111tary value rating was then assigned eration. In explanation, Committee members about availabilities on all of the NavY'S ships by the Base Structure Committee to each stated that "not all yellows are equal" and and the naval shipyard workloads? base in all the categories being analyzed ex "not all greens are equal." Since the Com Subsequent to the May 13 meeting my of cept for the medical category.1 Committee mittee did not document these differences, fice received a computer printout which members told us that they rated each instal we could not determine the rationale for its purports to be the depot level maintenance lation using the first four DOD selection cri final decisions. schedule from FY 1991. Unfortunately this teria, which addressed m111tary value, and Lastly, although required by OSD policy document contains no information on future then they independently assigned each in guidance to develop and implement an inter AEGIS work scheduled for public/private stallation an overall color-coded rating. nal control plan for its base structure re competition and also lacks the results of the Bases receiving an overall green rating views, the Navy did not assign responsib111ty April Scheduling Conference, the most re were excluded from further study, according for developing and implementing such a cent representation of the Navy's workload. to Committee members. For example, in the plan. After my staff informed NavY counsel on naval stations category the bases receiving GAO'S VIEWS ON THE CLOSURE AND May 15, 1991, that we required more current an overall green were Coronado, Guam, REALIGNMENT RECOMMENDATIONS and complete Navy data, they suggested that Ingleside, Little Creek, Mayport, Mobile, Because the Committee did not document we provide them with a list of specific re New York (Staten Island), Norfolk, the rationale for its decisions, we could not quests for documentation. The list follows: Pascagoula, Pearl Harbor, Puget Sound/Ev comment on the Committee's closure and re- (1) All information describing availabil erett, and San Diego. The Committee contin alignment recommendations based on the ities on all Navy vessels, including work ued to evaluate bases that were given an process. As an alternative, we looked at ship scheduled for public/private competition, overall rating of yellow or red. Additional berthing capacity of naval stations in com- until the year 2010. This should allow for a bases were excluded from further review be parison to the Force Structure Plan because more accurate view of the Navy's fleet com cause of their unique assets, geographic loca naval stations are a major category of the position after near-term submarine tion, strategic importance, or operational Navy's facilities. Also, we have conducted decommissionings. Since the Navy briefers value, leaving 19 bases and the RDT&E cat prior work and have ongoing work related to at the May 13 meeting suggested that Phila egory to be evalauted for closure. homeporting needs. Data obtained from the delphia should be closed based on projected Committee members told us they then per NavY'S Assistant Chief of Naval Operations workload trends, we feel it is important to formed a "quick estimate" cost-benefit anal (Surface Warfare) showed that the most ap- understand workload trends in the context of ysis of each of the remaining bases to deter propriate indicator for naval station require- the fleets composition beyond the year 2000. mine the feasibility of closing them. After ments is ship berthing capacity. An analysis (2) List of changes made to the NavY's makings its final decisions, a full COBRA of the capacity data showed the Navy will · workload schedule as a result of the Schedul analysis for those closure candidates was have excess capacity remaining if only the ing conference. conducted. Local economic and environ four recommended naval stations are closed. r- (3) Explanation of why amphibious and mental impact analyses were also done for The Navy's capacity analysis indicates an auxiliary ships were scheduled to yards other the closure candidates. inventory of 257.6 thousand feet of berthing than Philadelphia, and upon what criteria The Committee proposed closing 11 bases (KFB) at naval stations and a requirement of these decisions were based. and 10 RDT&E facilities. It also rec 174.2 KFB, leaving an excess of 83.4 KFB. (4) Explanation of how the depot mainte ommended that 1 base and 16 RDT&E facili This excess represents the capacity at naval nance schedule reflects the NavY's projected ties be realigned. In addition, three hospitals stations worldwide and also includes some operational requirements. were proposed to be closed as a result of the inadequate berthing space. In addition, 14.5 (5) Detailed explanation of the Amphibious Committee's decisions. KFB of berthing space is available at facili- and Aegis ships for which the Navy's work GAO'S VIEWS ON THE NAVY'S PROCESS ties other than naval stations. load is "increasing" as it is stated on page In addition to the limitations placed on When we subtracted the 75.2 KFB identified two of Tab C in the NavY's "Detailed Analy our review by the lack of adequate docu with space associated with (1) overseas fa- sis." mentation, we identified three problems cilities, (2) recommended closures, and (3) in- As I'm sure you are aware, Section with the Navy's process. First, due to the adequate berthing facilities, 22.7 KFB of ex- 2903(c)(4) of lOUSC 2687, requires the Sec lack of supporting documentation, we could cess berthing capacity remains (see table retary of Defense to "make available to the not determine the basis for the Committee's 4.1). Commission and the Comptroller General of military value ratings for Navy installa the United States all information used by tions. In late March, we received selected ExHIBIT 3 the Department in making its recommenda data given to the Committee by its Working U.S. SENATE, tions to the Commission for closures and Group. This information was provided to us, Washington, DC, May 17, 1991. realignments." The information I requested but we were not advised until May 7, 1991, Hon. DICK CHENEY, on April 19, 1991, is absolutely essential not that the Committee had decided that much Secretary, Department of Defense, only to understand the NavY's "exclusion" Washington, DC. decisions, but to comprehend the Navy's DEAR MR. SECRETARY: On Aprill9, 1991, the evaluation of installations against the four 1 Three hospitals were reviewed because three in stallations with hospitals were being considered for enclosed lett;er was FAXed to Secretary Gar m111tary value criteria. closure: Orlando Naval Training Center, Whidbey Is rett requesting that "all documentation con Accordingly, unless you can demonstrate land Naval Air Station, and Long Beach Naval Sta cerning both the nuclear and conventional to me otherwise, I intend to argue before the tion. workload for the naval shipyards for the re- Base Closure Commission and inform the 14984 CONGRESSIONAL RECORD-SENATE June 17, 1991 President that the Navy has deliberately response of 5124191. (5124 is the date of the re open), Red (favors closure), or Yellow (poten sought to avoid compliance with the 1990 De gional hearings on PNSY and the last official tial candidate for closure if not sufficient fense Base Closure and Realignment Act. opportunity for us to make our case before "Red" installations to eliminate excess ca Furthermore, I intend to request that based the Base Closure Commission.) I asked Mr. pacity). The Phase I rankings resulted in on the Navy's non-compliance its rec Herron if I could see a copy of the routine four shipyards having an overall rating of ommendations for closure should be dis slip. He proceeded to remove from his folder "yellow" Charleston, Long Beach, Philadel missed. a copy of your letter which appeared to have phia, and Portsmouth. Of these, the two nu I would appreciate a prompt reply. a routine slip attached to 1t with a due date clear-capable yards were eliminated as stat Sincerely, of 5124/91. I then asked Mr. Herron if I could ed above and Long Beach, the other conven ARLEN SPECTER. borrow the routine slip for a minute where tional shipyard, was excluded due primarily upon a Mr. Lieban (also from Schafer's of to the criticality of the large drydock at ExHIBIT4 fice) who had entered the reception area that facility. This drydock is designated as a MEMORANDUM grabbed the letter back from Mr. Herron and backup dock for NIMITZ-class aircraft car To: Senator Specter. quickly forced it into Mr. Herron's brief riers and nuclear cruisers on the West Coast. From: Mr. Morrie Ruffin. case. Mr. Liebman said something along Philadelphia Naval Shipyard then remained Date: May 15, 1991. these lines: "God knows, you can't have the only shipyard under consideration for Re Status of 4/19/91 Request to Secretary that." closure. 5114191-In the morning I spoke with Wendy My staff has been in contact with your Garrett for Additional Information on Legislative Assistant, Mr. Edmund M. Navy's "Analysis." Pensinger, a staffer on the Base Closure Per your request, I have described the se Commission, and mentioned the incident Ruffin, and has delivered to him additional quence of events pertaining to the Navy's with Mr. Herron. She took his name and the documentation concerning both the nuclear "response" to your letter of 4/19/91. Attached names of the two other individuals who ac and conventional workload for the naval is a copy of the 4/19letter. companied him to our office. In the after shipyards for the remainder of the century. 4/19/91-Your office FAXed a copy of the at noon, Mr. Liebman delivered to our office a As always, if I can be of any further assist tached letter to Secretary Garrett. The let computer print out of the "ship availabil ance, please let me know. ter requests that all documentation concern ities at all of the Naval's shipyards." This Sincerely ing both the conventional and nuclear work document is also barely adequate in that it H. LAWRENCE GARRE'M' ill, load at the naval shipyards for the remain was outdated and did not include any of the Secretary ot the Navy. der of the century immediately be made part AEGIS work which will be up for Public/Pri of the public record. This request was made vate competition. ExH!BIT7 because the Navy's "detailed analysis" pro 5/15191-Spoke with Captain Rice, the Exec [Defense Base Closure and Realignment vides no justification for its decision to ex utive Assistance to Ms. Schafer, and Jim Commission, May 22, 1991] clude all Navy shipyards from review for clo Dykstra, the Deputy Assistant Secretary of COMMISSION DEMANDS ExPLANATION OF NAVY sure. Defense for Legislative Affairs, and reiter BASE CLOSURE PROCESS 517/91-Having received no response to your ated our request for information. Chairman Courter today released the fol letter and having confirmed that neither the lowing statement: "Last week the General Base Closure Commission nor the General ExHIBITS Accounting Office released a report on base Accounting ornce had received any informa AUTOMATED NAVY ROUTE SLIP closure and realignment. This document tion subsequent to your letter, I called the Primary Controlling Office SECNA V AD. made it clear that the methodology designed Senate Navy· Liaison office and inquired as Classification of attachment: Unclassified. by the Navy was sound. However, the GAO to the status of the reply. From: Sen. Specter. raised serious questions about the applica 518/91-I received a call from a Mr. Fred Date: 19 APR 91. tion of this methodology. Sterns in Assistant Secretary of the Navy Date received: 23 APR 91. "On Monday of this week members of the for Installations Jackie Schafer's office. I in To:SH. Commission staff met for four and a half formed Mr. Sterns that we wanted every Abstract: Documentation regarding closing hours with the Navy's base closure group in piece of information available on the Navy's of nuclear & conventional shipyards be made an effort to determine how their conclusions ship maintenance schedule (data on the part of the public record. were reached. maintenance schedule for every ship in the CR1: Closure. "During this meeting we learned that the Navy). I also suggested that we wanted all CR2: Shipyard. Navy group employed a great deal of subjec other information that would allow the Navy CR3:Public tive judgment in drawing up their list of rec to represent that to do the Navy's nuclear CR4: Documentation. ommendations for closure and realignment. workload the six nuclear Yards should be ex CR5: Phase I. Nobody on the Commission can say yet cluded from review for possible closure. He CR6: ABC. whether the Navy's judgments were fairly informed me that this information would be Remarks Distribution: 1U006286. and consistently applied, but we intend to "on your doorstep at 8:00AM, Monday, May DOC OUT TO: Sen. find out. 13, 1991. Date: 24 MAY 91. "We have repeatedly sought clarification 5/13/91-At 9:30 AM I received a call from Due to: SECHAVAD. from senior Navy representatives. I have Mr. Sterns where upon he stated that he be Date: 10 MAY 91. publicly asked for minutes, notes and any lieved he had everything we had asked for ' Control Center Primary Routing: documentation that would give us an idea of and asked when he could send it over. At To: SECNAV. how the service came up with its rec 11:30 AM I met with a Mr. David Rolfe PC: G. ommendations. What we have received is in Herron from Schafer's office, and Capt. adequate. Thomas Williams and Ms. Mary MacKinnon EXHIBIT6 "The GAO and the Commission staff have from OP-431. At the meeting they presented DEPARTMENT OF THE NAVY, pointed to an alarming lack of information me with the attached memo marked B. I Washington, DC, May 21, 1991. about the Navy's decision-making process. asked them if they felt they had complied Hon. ARLEN SPECTER, Therefore, we are demanding from the Navy with the request made in your letter. They U.S. Senate, Washington, DC. a detailed explanation of the process used to said yes. I then asked them if the memo rep DEAR SENATOR SPECTER: Thank you for justify its recommendations for closure and resented "all documentation concerning your letter of April 19, 1991 regarding the realignment. both the nuclear... " (see highlighted por Navy's recommendations for base closures. "On Monday we asked Navy representa tion of letter) They said no and promised to During Phase I of the Navy's two-phase an tives to prepare for the Commission a nar provide us with more information. I said we alytical procedure, Step Five called for the rative account of their selection process. We wanted it but that it was probably too late. exclusion of facilities distinguished by such have provided the base closure group with a Following the meeting, I had a conversa factors as unique assets, geography, strate detailed plan aimed at ensuring a thorough tion with Mr. Herron. gic importance, or operational value. Be account of the Navy process. We hope the I mentioned to Mr. Herron that he should cause the nuclear workload toward the end Navy will agree to this plan and comply with inform Ms. Schafer that Senator Specter's of the decade includes such a large number of our rigorous schedule. office was not satisfied with their response nuclear refuelings on submarines and cruis "The Commission is determined to follow to our request. He then mentioned to me ers, it was determined that the six nuclear the GAO's recommendations. If necessary, I that he was in a difficult position because capable shipyards would be excluded from will call a special hearing to learn more how the response to the April 19 did not appear to further review. the Navy's recommendations were reached. be a Navy priority. He then mentioned to me The Navy's Base Structure Committee "It's clear that the Navy maintains signifi that he had a copy of a routine slip attached evaluated each shipyard and assigned a color cant excess capacity. If Navy representatives to the letter which gave a due date for the code, Green (favors keeping the installation cannot prove that their selection criteria June 17, 1991 CONGRESSIONAL RECORD-SENATE 14985 were applied evenly, then the Commission is value DoD criteria to assign an overall rat Retention of the Philadelphia drydocks pro fully prepared to draw up a list of rec ing for each Navy installation. The Commis vides backup capability for emergency situa ommendations using methodology designed sion staff needs detailed, written expla tions. by the Navy and GAO application guide nations for each of those ratings. Expla The Propeller Facility consists of special lines." nations must address how installations were ized equipment and 100 highly skilled man PROPOSED DEFENSE BABE CLOSURE AND RE compared with others in the same cat~ agement, engineering, programming, ma ALIGNMENT COMMISSION COURSE OF ACTION egories. Explanations must also address chine shop and foundry personnel. There is ON DEPARTMENT OF NAVY BASE CLOSURE those installations excluded from further re no comparable facility in terms of capacity PROCESS view based on geography, strategic impor or capability in the United States, in either 1. Due to gaps of information in the Navy tance, operational value, and other unique the Public or Private sector. process identified by both Commission staff assets. The unique and necessary capab111ties rep and the General Accounting Office (GAO), The BSC must provide the back-up data for resented by NA VSSES as well as the increas staff of the Base Closure Commission (BCC) the VCNO study. The data on which the ing need for berthing for inactive ships man met with the Navy base closure group (the VCNO study's ratings are based is needed to date that NA VSSES and the NISMF detach Base Structure Committee, or BSC) on Mon verify those ratings and to review the con ment remain. day, May 20, 1991 to request detailed infor sistency of their application within installa tion categories. The Commission will provide mation on its process. During that meeting, ExHIBIT9 staff learned that the Navy's BSC applied a the BSC with a list of the missing data. The Commission will review the BSC re THE great deal of undocumented, subjective judg DEPARTMENT OF NAVY, sponses. The information provided by the Washington, DC, June 5,1991. ment to a major Navy facilities study (the BSC in response to the above steps will allow Senator ARLEN SPECTER, Vice Chief of Naval Operations, or VCNO the Commission staff to determine whether U.S. Senate, Hart Senate Office Building, study), as well as numerous briefings from the BSC's decision methodology substan Washington, DC. field commanders. Despite general expla tially deviated from the requirements of DEAR SENATOR SPECTER: As requested dur nations of the process, the Commission is Title XXIX. still unable to determine if the subjective ing the 4 June 1991 meeting held in the Pen The Commission's staff will present op tagon enclosures (1), (2) and (3) are submit judgment of the Navy's group was applied tions to the Commissioners for any changes fairly and consistently to all bases in all cat ted. to the Navy's list of base closures and The COBRA Analysis that was presented to egories in accordance with the Force Struc realignments. ture Plan and Department of Defense cri the Navy's Base Structure Committee on 29 March 1991 was based on enclosure (1), teria mandated by law. ExHIBITS 2. During its decision-making meetings, COBRA input data supplied on 26 March 1991 the BSC kept no minutes and in its written STRATEGIC AND OPERATIONAL CONSEQUENCES by the Naval Sea Systems Command submittal to the Commission, only briefly Given the assumption that the Navy's car (NAVSEA). explained why bases were on the list. rier force will be predominantly or entirely Enclosure (2) was received subsequent to 3. Therefore, the Commission proposes the nuclear powered in the next century, the the final COBRA analysis and the presen following course of action. The Navy has work force and most facilities at Philadel tations to the Navy's Base Structure Com pledged its cooperation, and we look forward phia Naval Shipyard must be considered ex mittee. to its acceptance of this course of action and cess to requirements. There are two east Enclosure (3) reflects a summary of the dif conformity with the Commission's rigorous coast facilities capable of conducting all re ferences between enclosures (1) and (2) sub schedule. pairs (including nuclear repairs) to aircraft mission. The BSC must provide written expla carriers: Norfolk Naval Shipyard and New In forwarding the revised COBRA data on nations of its decisions, using the Vice Chief port News Shipbuilding and Dry Dock Com 29 March, NA VSEA highlighted 2 of the op of Naval Operations (VCNO) working group pany. These shipyards are located in the tions that had previously been discussed study as a baseline. The VCNO working same local area, but the decrease in the with the Base Structure Committee: Option group studied options for base closures be threat of nuclear war with the Soviet Union One: Close and preserve Philadelphia Naval ginning in January 1990 and has rated each has reduced the necessity for strategic geo Shipyard; Option Two: Downsize Philadel Navy installation against five weighted cri graphical dispersion where sufficient capac phia to 1200 men. ity exists. The sunk costs of existing facili teria called "major factors." The major fac The NA VSEA recommendation supported a tors are mission suitab111ty, availability of ties at Philadelphia are significant, and the rare, if not unique, nature of the dry docks, low-risk approach to ship maintenance. fac111ties, quality of facilities, quality of life, OPNA V's assessment of the military require and community support. Each rating is sup make keeping the dry docks operable (if not operational) a necessity. ment was that Option One provided suffi ported by verifiable quantitative and quali cient capacity along with the rest of the pub tative measures. This approach is similar to Closure of Philadelphia Naval Shipyard, without retention of the large carrier capa lic and private sector on the East Coast to that used by the other Services. The VCNO satisfy any concern. study was a significant input to the BSC's ble dry docks creates a shortfall in dry dock capability for emergent dockings of aircraft Very respectfully, decision-making process, which also included J.R. LANG, briefings from the Navy's major operational carriers. The only carrier capable dry dock commands. available on the east coast, under Navy con Rear Admiral, U.S. Navy, Director, Ship's The BSC must provide an explanation of trol is at Norfolk Naval Shipyard, and will Maintenance and Modernization Division. the relationship between the five VCNO be fully utilized. Without the dry docks major factors and the DoD criteria used by available at Philadelphia, the only other ExmBIT 10 the BSC to rate each installation. Although dock capable of taking an emergent carrier Dry dock utilization for FY-90 at all naval the BSC used the VCNO study, the BSC docking is at Newport News Shipbuilding shipyards was in excess of 100% as shown in translated its ratings to correspond with the (NNSB). Exhibit C-7 illustrates this situa the table below. This is due to some special military value criteria required by the DoD tion graphically. This dock is privately cases where there is more than one ship in Federal Register notice. The Commission owned and its docking schedule is not con the dry dock such as the special case of sub needs that translation between those two trolled by the Navy. The cost to have NNSB marine inactivations where these ships can sets of rating criteria to determine the fair provide a dedicated dock under contract is be worked in series without significant 1m ness and consistency of the BSC's rating considered prohibitive. The only alternatives pact on operational requirements: or where a process. are to use the NNSB dock if available or to ship is in the same dry dock for greater than The BSC must provide explanations for the physically remove a ship already in dock at 10 months at a time, in the case of nuclear changes it made to the VCNO ratings. The Norfolk Naval Shipyard if possible. ship refuelings. In those latter cases, dry BSC rated some installations differently The closure departs from a long standing dock maintenance must be deferred until a than the VCNO study based on the briefings Navy strategic and operational requirement subsequent period when the dry dock is va it received and its own m111tary judgement. which provided for two Naval shipyards on cant. The Commission needs detailed, written ex each coast capable of docking and repairing planations for each instance in which the aircraft carriers. The resultant demand for CAPACITY ANALYSIS BSC disagreed with the VCNO study's major use of the remaining dock at Norfolk Naval The projected utilization rates for the next factor ratings. The explanations must be ex Shipyard would have long term impact on three years are shown in Exhibits C-2 plicit, verifiable, and, whenever possible, the Navy's flexibility in workload assign through C-5 and the table below. While the quantifiable. ments and will reduce the effectiveness of FY 90 and 91 rates reflect all work assigned The BSC must justify its overall installa the shore establishment in supporting fleet in the shipyards, FY 92 through FY 99 pro tion ratings. The BSC used the m111tary operational and maintenance requirements. jected usage do not. 14986 CONGRESSIONAL RECORD-SENATE June 17, 1991 NAVAL SHIPYARD DRYDOCKS PERCENTAGE UTILIZATION BY SHIPYARD MISSION CATEGORY

Fiscal year- 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 SSNICGN refueling ...... •...... •...... 125.3 137.0 86.7 94.9 72.4 89.5 94.1 109.9 101.3 119.8 LargeiCVICVN capable ...... 112.3 102.8 90.1 95.3 106.9 84.2 85.5 103.6 80.2 82.2 Other nuclear capable ...... •...... 139.7 130.0 103.7 83.7 85.4 65.3 75.0 79.7 86.9 94.2 Other ...... •...... 78.0 23.0 36.0 18.6 5.5 48.8 26.9 5.3 12.5 14.6

Dry dock #4, at the former Hunters Point 3. Enclosuure (3) provides the revised docu (NNSB). Exhibit C-7 illustrates this situa Naval Shipyard in San Francisco, a large, mentation for the above options. tion graphically. This dock is privately CV/CVN capable dry dock, has been used for 4. We recommend that option 2 be approved owned and its docking schedule is not con several years to dock emergent fleet work on for Philadelphia Naval Shipyard, i.e., that trolled by the Navy. The cost to have NNSB the west coast. It will be decommissioned in Philadelphia Naval Shipyard be drawn down provide a dedicated dock under contract is FY 1991 when a large section of the former to a small size activity in the mid 90's as considered prohibitive. The only alternatives naval shipyard is leased to commercial inter workload declines in order to provide a gov are to use the NNSB dock if available or to ests in accordance with public law. Dry dock ernment controlled CV dry dock site and physically remove a ship already in dock at #2, at the Portsmouth Naval Shipyard, a nu ship repair capability for the north east. Norfolk Naval Shipyard if possible. clear refueling dry dock, will be unavailable J.S. CLAMAN, "The closure departs from a long standing during part of FY 1991 and all of FY 1992 Rear Admiral, USN. Navy strategic and operational requirement while it undergoes modification. which provided for two Naval shipyards on Dry docks in naval shipyards fall into four EXHIBIT 12 each coast capable of docking and repairing categories based upon their contribution to U.S. SENATE, aircraft carriers." the mission requirements which they satisfy: Washington, DC, June 6, 1991. When I confronted Navy J>epartment per dry docks in which nuclear submarines or Hon. DICK CHENEY, sonnel with this material yesterday, Rear nuclear cruisers may be refueled; nuclear ca Secretary of Defense, Department of Defense, Admiral John S. Claman, Deputy Com pable dry docks other than refueling dry the Pentagon, Washington, DC. mander for Industrial and Facility Manage docks or large dry docks capable of handling DEAR SECRETARY OF DEFENSE CHENEY: I ment, replied that this information was in aircraft carriers; large, aircraft carrier capa urge your immediate, personal action on se documentation previously provided to my of ble dry docks; and other dry docks. rious wrongful conduct by Department of the fice. After further discussion, Ms. Mary 0. A primary critical mission of the naval Navy personnel in withholding critical infor MacKinnon, Deputy, Shipyard/Maintenance shipyards is the refueling of nuclear sub mation favorable to the Philadelphia Navy Policy (OP-431), conceded that the informa marines and nuclear cruisers. Critical to ac Yard. tion was in fact not previously provided. complishing this mission is the availability We have now caught Navy personnel "red I ask for your personal explanation of this of nuclear refueling dry dock complexes. The handed" in concealing data which supports important matter. projected utilization of the available com keeping the Philadelphia Naval Shipyard After I had a letter hand-delivered to you plexes is shown on Exhibit C-2. Dry dock use open. at the May 22 Appropriations Defense Sub can exceed available capacity due to the On June 4, 1991, Congressman Weldon and I committee hearing, you replied by letter unique nature of nuclear submarine inactiva met with Navy Department personnel and dated May 24 that Secretary Garrett had re tions, when more than two submarines are in asked about a report, which we had heard sponded to the outstanding questions. That a dry dock at a time. about, favorable to the Philadelphia Naval was not done by Secretary Garrett's letter The usage of the navy dry docks capable of Shipyard which Naval personnel denied ex dated May 22, and, in fact, the pending ques nuclear refueling operations is projected to isted. When I received a copy, or at least a tions have not been answered even though remain high for the remainder of the century part of that report yesterday, I asked for a Assistant Secretary of the Navy for Installa as nuclear submarines undergo refueling op followup meeting which was held yesterday tions & Environment Jackie Schafer handed erations. While there may be some unused at 6:00 p.m. at the Pentagon at which time I me additional materials at the conclusion of capacity from time to time, this extra capac confronted Navy personnel with the docu yesterday's meeting. ity may in fact be unusable. Mr. Secretary, the Navy Department's in ment. At that point, I was handed what ap tegrity is at issue which goes far beyond the pears to be the same document with addi subject matter or'base closing. ExHIBIT 11 tional documents with a transmittal letter On this state of the record, in light of t)le DEPARTMENT OF THE NAVY, to me dated June 5. Navy Department's failure to provide rel NAVAL SEA SYSTEMS COMMAND, This is only part of an incredible sequence evant information to allow for compliance Washington, DC, March 29, 1991. of events involving false denials and with with the terms of the Base Closure Act, it From: Commander, Naval Sea Systems Com- holding of documents. I know you do not seems to me that the only appropriate mand. have the time to get into the many, many' course of action is for the Philadelphia Naval To: Chief of Naval Operations (OP-43). facets of the Navy Department's wrongful Shipyard to be removed from the base clo Subj: Base closure final documentation. conduct so I will limit this request to the sure list, which I ask you to do forthwith. Encl: (1) Philadelphia Naval Shipyard-Op- two pages of the document which I enclose. Sincerely, tion 1; (2) Philadelphia Naval Shipyard As you will note, the cover page states: ARLEN SPECTER. Option 2; (3) TAB A Report Documenta "We recommend that option 2 be approved tion-Naval Shipyards. for Philadelphia Naval Shipyard,l i.e., that ExHIBIT 13 1. Enclosures (1) and (2) provide the COBRA Philadelphia Naval Shipyard be drawn down to a small size activity in the mid 90's as UNITED STATES SENATE, options for the naval shipyards as requested Washington, DC, June 6, 1991. on 28 March 1991. They are as follows: workload declines in order to provide a gov ernment controlled CV dry dock site and The DEFENSE BASE CLOSURE COMMISSION, a. Philadelphia Naval Shipyard-Option 1: Hon. JAMES A. COURTER, Chairman. Close and preserve Philadelphia Naval Ship ship repair capability for the north east." As you will further note, the second page Hon. WILLIAM L. BALL ill, yard in FY 93 after completing the USS Con Hon. HOWARD D. CALLAWAY, stellation (CV 64) SLEP and the USS Forrestal specifies the underlying factual basis which is so favorable to the Philadelphia Naval Hon. DUANE H. CASSIDY, (CV 59) dry docking availability. Retain the Hon. ARTHUR LEVITT, Jr., propeller facility, the Navy Inactive Ship Shipyard: "Closure of Philadelphia Naval Shipyard, Hon. JAMES C. SMITH ll, Maintenance Facility (NISMF) and the Washington, DC. Naval Ship Systems Engineering Station without retention of the large carrier capa GENTLEMEN: With this letter, I am enclos (NA VSSES) in Philadelphia. Move the USS ble dry docks creates a shortfall in dry dock ing for you a copy of my letter to Secretary John F. Kennedy (CV fn) overhaul to Norfolk capability for emergent dockings of aircraft Cheney of today. This is the tip of the ice Naval Shipyard. carriers. The only carrier capable dry dock berg and my staff and I shall be forwarding b. Philadelphia Naval Shipyard-Option 2. available on the east coast, under Navy con to you other information. Commence realignment of Philadelphia trol is at Norfolk Naval Shipyard, and will At this juncture, I do want to raise one Naval Shipyard in FY 93 and complete be fully utilized. Without the dry docks other matter which arose at the June 4 downsizing to approximately 1200 people in available at Philadelphia, the only other meeting attended by staff from the Base FY 95. Retain the propeller facility, the dock capable of taking an emergent carrier Closing Commission, Navy Department per Navy Inactive Ship Maintenance Facility docking is at Newport News Shipbuilding sonnel, Congressman Weldon and myself. (NISMF) and the Naval Ship Systems Engi In the course of that meeting, we discussed neering Station (NA VSSES) in Philadelphia. 1 Downsize, but keep open. the absence of hard data up to the present June 17, 1991 CONGRESSIONAL RECORD-SENATE 14987 time for the Navy's decision to close the I think these statements speak for them 2. Under the closure option a.nd in interest Philadelphia. facilities notwithstanding your selves, a.nd greatly overshadow the confus of clarification, the 30 people mentioned in Commission's news releases of Ma.y 22. At ing, color-coded rating systems a.nd data. reference (a.) were a.n estimate of the number that time, your staff members, Mr. Matt that the Navy has presented to da.te. I a.m of people required to ma.n the drydock in a. Behrmann, Mr. -Paul Hirsch a.nd Mr. Alex troubled that the Navy would ignore this mothball status. In addition to this, 255 peo Yellon, advised that the Commission wa.s strong advice a.nd question why it wa.s not ple would be required to ma.n the remaining still acquiring information; a.nd, in addition, made a.va.ila.ble to the congressional delega facilities, 155 to provide residual facilities wa.s seeking to determine whether the Navy tion a.nd the Commission before. support a.nd 100 to run the propeller shop a.nd consistently applied its subjective standards After reviewing Admiral Hekma.n's cor foundry. This compares with approximately on other bases which might be a. justification respondence a.nd the additional materials I 1,200 personnel under the "small repair capa for the use of subjective interpretations on have provided to you, I a.m confident that bility" option: 135 residual facility support, the Navy's decision to close the Philadelphia. you will have a.ll the documentation you 100 to run the propeller shop a.nd approxi facilities. need to remove Philadelphia. Na.va.l Shipyard mately 945 to perform repair work for the At that time, I raised the question a.s to from the base closure list. fleet. Any required additional support for whether it wa.s possible realistically, to Thank you for your consideration. this facility would be from another larger evaluate the consistency of subjective judg Sincerely, na.va.l shipyard such a.s Norfolk Na.va.l ship ments. I respectfully submit that cannot be CURT WELDON, yard. done. Member of Congress. 3. I continue to take the position that re If Secretary Cheney does not delete the tention of a. credible repair capability a.t Philadelphia. facilities a.s called for in my ExHIBIT 15 Philadelphia. for na.va.l ships homeported in letter to him today, I a.sk your Commission DEPARTMENT OF THE NAVY, the Northeast area. is the most cost effective to delete the Philadelphia. facilities from the Washington, DC, December 19, 1990. solution: base closure list since there cannot be a.n From: Commander, Na.va.l Sea. Systems Com (1) It provides the fleet with low cost, reli adequate fa.ctua.l basis, a.s a. matter of la.w mand. able repair capability, under the statute, when it is admitted by a.ll To: Chief of Na.va.l Operations (CF-04). parties that it wa.s a. subjective determina (2) It helps spread the effects of the costs Subj: Realignment data. for Philadelphia. to Navy Programs of the other repair facili tion. Na.va.l Shipyard. Sincerely, ties (foundry, utilities, etc.). ARLEN SPECTER. Ref: (a.) COMNAVSEA 1tr 5000 OPR: 07'1'31 Further, the workload distribution for '!'0373 Ser: 00/6224 of 20 Nov 10; (b) na.va.l shipyards in the 90's supports full oper ExHIBIT 14 CINCLANTFLT 1tr 4700 Ser N4361007378 of ations a.t Philadelphia. through mid FY 95. As 14 Sep 90. previously briefed, executing a. realignment HOUSE OF REPRESENTATIVES, 1. In reference (a.), I provided information of Philadelphia. Na.va.l Shipyard in FY 93 will Washington, DC, June 13, 1991. relative to the proposed realignment of cause significant perturbations to carrier The DEFENSE BABE CLOSURE COMMISSION, Philadelphia. Na.va.l Shipyard, while main overhauling yard assignments a.nd could re Hon. JAMES A. COURTER, Chairman. taining the propeller shop a.nd foundry, the sult in a.n East Coast CV overhauling on the Hon. WILLIAM L. BALL ill, Na.va.l Ship Systems Engineering Station West Coast. Hon. HOWARD D. CALLAWAY, (NAVSSES) a.nd the Na.va.l Inactive Ship P.M. HEXMAN, Jr. Hon. DUANE H. CASSIDY, Maintenance Facility (NISMF). While I real Hon. ARTHUR LEVITT, Jr., Mr. SPECTER. Mr. President, I sug ize that the Secretary ha.s been briefed a.nd gest the absence of a quorum. Hon. JAMES C, SMITH II, ha.s concurred with the proposal to mothball Washington, DC. Philadelphia. Na.va.l Shipyard, I strongly rec The PRESIDING OFFICER. The GENTLEMEN: Last week, I met with Admi ommend that this decision be reconsidered. clerk will call the roll. ral James Lang, Admiral John Cla.ma.n a.nd It is more prudent to downsize Philadelphia. The assistant legislative clerk pro Members of your staff to request internal Na.va.l Shipyard to approximately the size of ceeded to call the roll. Navy documentation prepared during the a. Ship Repair Facility (SRF) in order to sup Mr. MITCHELL. Mr. President, I ask base closure review process. In addition to port Navy ships in the New York a.nd Earle other data., I requested a.ll base closure cor unanimous consent that the order for respondence from the recently retired Com homeport a.rea.s. In reference (b), the quorum call be rescinded. mander of the Na.va.l Sea. Systems Command, CINCLANTFLT outlined the history of At The PRESIDING OFFICER. Without Admiral Peter Hekma.n. I would like to call lantic Fleet depot maintenance problems objection, it is so ordered. to your immediate attention the enclosed with marginal ship repair contractors. A memos which I received this afternoon. Navy industrial capability is required in the As you ca.n see, Admiral Hekma.n wa.s Philadelphia. area. to provide a. safety valve a.wa.re that the Secretary of the Navy wa.s when a. private sector shipyard is unable to MORNING BUSINESS considering a. proposal to mothball the complete a.wa.rded ship work. Mr. MITCHELL. Mr. President, I ask Philadelphia. Na.va.l Shipyard a.s early a.s De 2. Further, recommend that the dra.wdown unanimous consent that there be a pe cember 19, 1990. In his memo to the Chief of of Philadelphia. Na.va.l Shipyard to a.n SRF size shipyard not be done until FY 95, a.s the riod for morning business with Sen Na.va.l Operations (CNO), Admiral Hekma.n ators permitted to speak therein. said it would be more prudent to downsize shipyard is required to support scheduled the Philadelphia. Na.va.l Shipyard than close workload until that time. The PRESIDING OFFICER. Without it. He concluded that "a. Navy industrial ca P.M. HEXMAN, Jr. objection, it is so ordered. pability is required in the Philadelphia. area. to provide a. safety valve when a. private sec EXHIBIT 16 tor shipyard is unable to complete a.wa.rded DEPARTMENT OF THE NAVY, RELIEF OF TREVOR HENDERSON ship work." This is precisely the argument I Washington, DC, March 15, 1991. have made a.ga.inst the Navy's recommenda From: Commander, Na.va.l Sea. Systems Com Mr. MITCHELL. Mr. President, I ask tion to rely on Newport News shipbuilding mand. unanimous consent that the Senate for emergent work. To: Chief of Na.va.l Operations (CF-04). proceed to the immediate consider One month before the Navy announced its Subj: Realignment of Philadelphia. Na.va.l ation of Calendar No. 119, S. 249, re recommendation to close PNSY, Admiral Shipyard. garding relief of Trevor Henderson. Hekma.n stated that retention of a. downsized Ref: (a.) CNO 1tr Ser: 431F/1U596599 of 11 Ja.n The PRESIDING OFFICER. Without Yard is the most cost-effective solution. He 91; (b) NA VSEA ltr Ser 00/6312 of 19 Dec objection, it is so ordered. The clerk specifically noted that retention would pro 90. will report. vide the fleet with a. low-cost, reliable repair 1. In reference (a.), you indicated that my capability and help spread the cost of contin recommendation that Philadelphia. Na.va.l The assistant legislative clerk read ued operations a.t the base. At a. time when Shipyard be downsized rather than closed as follows: Admiral Hekma.n wa.s fully a.wa.re of the five wa.s not accepted by the Base Closure/Re A bill (S. 249) for the relief of Trevor Hen year budget plan a.nd proposed reductions he alignment Advisory Committee. The fleet derson. cautioned a.ga.inst a.nd realignment of Phila needs the capability of a. na.va.l shipyard to The Senate proceeded to consider the delphia. before FY95. He emphatically stated provide a. credible repair capability able to that realignment of PNSY in FY93 would service the Newport, Philadelphia., New York bill which had been reported from the cause "significant: perturbations to carrier a.nd Earle area., a.s well a.s to provide a. source Committee on the Judiciary, with an overhauling yard a.ssignments a.nd could re- of repair when a. private sector shipyard is amendment to strike all after the en , sult in the East Coast CV overhauling on the unable to complete the assigned work in the acting clause and inserting in lieu West Coast." a.rea.s, a.s stated in reference (b). thereof the following: 14988 CONGRESSIONAL RECORD-SENATE June 17, 1991 s. 249 the Senate by Mr. McCathran, one of SUBMISSION OF CONCURRENT AND Be it enacted by the Senate and House of Rep his secretaries. SENATE RESOLUTIONS resentatives of the United States of America in Congress assembled, [That notwithstanding The following concurrent resolutions section 3702(b)(l) of title 31, United States and Senate resolutions were read, and Code, the Comptroller General shall pay the EXECUTIVE MESSAGES REFERRED referred (or acted upon), as indicated: claim of Trevor Henderson for payment of a As in executive session the Presiding By Mr. MACK: Survivor Benefit Plan annuity for the period Officer laid before the Senate messages S. Con. Res. 47. Concurrent resolution urg December 1, 1973, through July 31, 1981.] from the President of the United ing the provision of foreign assistance to SECTION 1. PAYMENT OF CLAIM. States submitting sundry nominations support legislative development in Central The Secretary of the Treasury shall pay. out which were referred to the appropriate America to strengthen democracy in the re of the Department of Defense Military Retire gion; to the Committee on Foreign Rela ment Fund, to Trevor Henderson of Malvern, committees. tions. Iowa, the sum of $48,878.04. Such sum shall be (The nominations received today are By Mr. AKAKA (for himself, Mr. in full satisfaction of any claim of Trevor Hen printed at the end of the Senate pro GLENN, and Mr. INOUYE): derson tor survivor annuity amounts payable ceedings.) S. Con. Res. 48. Concurrent resolution ex under subchapter II of chapter 73 of title 10, pressing the sense of the Congress regarding United States Code, tor the period beginning on the awarding of contracts and subcontracts December 1, 1973, and ending on July 31, 1981. REPORTS OF COMMITTEES for the reconstruction of Kuwait; to the SBC. %. UMITATION ON AGENTS AND ATrOBNBYS Committee on Foreign Relations. FBBS. The following reports of committees It shall be unlawful for an amount that ex were submitted: ceeds 10 percent of the sum described in section By Mr. HOLLINGS, from the Committee STATEMENTS ON INTRODUCED 1 to be paid to or received by an agent or attor on Commerce, Science, and Transportation, BILLS AND JOINT RESOLUTIONS ney tor any service rendered in connection with with amendments: the bene/its provided by this Act. Any person By Mr. McCONNELL: S. 1012. A bill to authorize appropriations S. 1302. A bill to amend title 10, Unit who violates this section shall be guilty of an for the activities and programs of the Na infraction and shall be subject to a fine in the tional Highway Traffic Safety Administra ed States Code, to authorize the Sec amount provided in title 18, United States Code. tion, and for other purposes (Rept. No. 102- retary of the Army to award a combat The PRESIDING OFFICER. The bill 83). armor badge to armor soldiers of the is open to further amendment. If there Army, and for other purposes; to the be no further amendment to be pro Committee on Armed Services. posed, the question is on agreeing to INTRODUCTION OF BILLS AND COMBAT ARMOR BADGE the committee amendment in the na JOINT RESOLUTIONS • Mr. MCCONNELL. Mr. President, the ture of a substitute. American and allied mill tary campaign The amendment was agreed to. The following bills and joint resolu tions were introduced, read the first to rout Iraqi forces from Kuwait was a The bill was ordered to be engrossed complete and total success. We owe for a third reading and was read the and second time by unanimous con sent, and referred as indicated: this victory to brilliant leadership and third time. the professionalism and dedication of The PRESIDING OFFICER. The bill By Mr. McCONNELL: all our service men and women. having been read the third time, the S. 1302. A bill to amend title 10, United Before discussing my bill, I think it question is, Shall it pass? States Code, to authorize the Secretary of the Army to award a combat armor badge to is important to describe the contribu So the bill (S. 249), as amended, was tions of armor forces to Operation passed as follows: armor soldiers of the Army, and for other purposes; to the Committee on Armed Serv Desert Storm. A brief summary in U.S. s. 249 ices. News & World Report provides a note Be it enacted by the Senate and House of Rep By Mr. MITCHELL (for Mr. DECONCINI worthy account: resentatives of the United States of America in (for himself, Mr. D'AMATO, Mr. WAR Congress assembled, This is how they [U.S. and allied forces] NER, Mr. HEFLIN, Mr. LIEBERMAN, and did it: The French 6th Armored Division, ac SECTION 1. PAYMENT OF CLAIM. Ms. MIKULSKI)): The Secretary of the Treasury shall pay. companied by a brigade of the U.S. 82nd Air S. 1303. A bill to enhance the Federal Gov borne, went farthest west while the out of the Department of Defense M111tary ernment's authority and ab111ty to eliminate Retirement Fund, to Trevor Henderson of "Screaming Eagles" of the U.S. lOlst Air violent crime committed by outlaw gangs; to borne Division in three waves of Black Hawk Malvern, Iowa, the sum of $48,878.04. Such the Committee on the Judiciary. sum shall be in full satisfaction of any claim assault helicopters flew nearly 170 miles By Mr. DURENBERGER: through driving rain in pitch-black skies to of Trevor Henderson for survivor annuity S. 1304. A bill to extend until January 1, amounts payable under subchapter II of the edge of the Euphrates between the towns 1995, the existing suspension of duty on cer of As Samawah and Nasiriya. * * * Saddam chapter 73 of title 10, United States Code, for tain piston engines; to the Committee on Fi the period beginning on December 1, 1973, Hussein didn't know it yet, but his Repub nance. lican Guard had already been cut off. and ending on July 31, 1981. By Mr. DOMENICI: And before he could react, the largest tank SEC. 2. LIMITATION ON AGENTS AND ATI'ORNEYS S. 1305. A bill to amend the Internal Reve assault since World War n was about to FEES. nue Code of 1986 to encourage consumer par begin, the massive M-1A1s of the 24th Mech It shall be unlawful for an amount that ex ticipation in energy efficiency, conservation ceeds 10 percent of the sum described in sec in the lead. As the Army's heavy VII Corps, and cost-effective demand-side management normally based in Germany, and the British tion 1 to be paid to or received by an agent by excluding from gross income payments or attorney for any service rendered in con 1st Armored Division crashed into the Iraqi made by utilities to customers for purchas defenses farther east, the 24th drove deep nection with the benefits provided by this ing qualified energy conservation appliances Act. Any person who violates this section into Iraq to link up with the lOlst Air and for taking energy conservation meas borne. * * * shall be guilty of an infraction and shall be ures, and for other purposes; to the Commit For the Republican Guard, the only escape subject to a fine in the amount provided in tee on Finance. from the allies' massing tanks was across title 18, United States Code. By Mr. KENNEDY (for himself and Mr. the land bridge at the city of Nasiriyah. Far Mr. MITCHELL. I move to reconsider HATCH): ther south, the banks of the Euphrates are the vote by which the bill was passed S. 1306. A bill to amend title V of the Pub bordered by vast marshes and broad expanses and move to lay that motion on the lic Health Service Act to revise and extend of standing water. For tanks, it was perfect table. certain programs, to restructure the Alco killing ground. The lOlst had established The motion to lay on the table was hol, Drug Abuse and Mental Health Adminis what the tacticians call an airhead at agreed to. tration, and for other purposes; to the Com Nasiriyah, but it would be no match for the mittee on Labor and Human Resources. top-of-the-line Soviet-made T-72 tanks of the By Mr. COATS: Republican Guard. To get to Nasiriyah, how MESSAGES FROM THE PRESIDENT S.J. Res. 163. Joint resolution designating ever, the Guard division had to travel nearly the month of September 1991, as "National 160 miles to the west-not quite as far as the Messages from the President of the Gymnastics Month"; to the Committee on heavy allied tank divisions had come from United States were communicated to the Judiciary. the south. June 17, 1991 CONGRESSIONAL RECORD-SENATE 14989 In fact, the race wasn't even close. The (1) The members of the Armed Forces of eliminate violent crime committed by battle was joined about 50 miles west of the United States who perform combat mis outlaw gangs; to the Committee on the Basra. "A classic tank battle," Schwarzkopf sion in armored vehicle crews play a vital Judiciary. called it. It began when tanks of the Repub part in protecting the national security in lican Guards' Hammurabi Division encoun terest of the United States. OUTLAW GANG CONTROL ACT tered advance scouts of the U.S. Army's pow (2) Such members have served with gal •. Mr. DECONCINI. Mr. President, ear erful 1st and 3rd Armored Divisions, which lantry and distinction in many of the wars her in this Congress I introduced S. until very recently were the backbone of and other military conflicts fought by the 339, the Outlaw Street and Motorcycle Western Europe's defense against a Soviet Armed Forces of the United States, includ Gang Control Act of 1991. The bill I am armored onslaught. The heavy hitting began ing the military campaign during the Per introducing today, cosponsored by Sen almost immediately. In thick mud beneath a sian Gulf War. ators D'AMATO, WARNER, HEFLIN, gathering dusk, roughly 800 American tanks (3) All such personnel received their ar squared off against nearly 300 of the Repub mored vehicle training at Fort Knox, Ken LIEBERMAN, and MIKULSKI, is a sub lican Guard's T-72s * * * the Iraqis never tucky, the location of the Headquarters, stitute for that measure. It was re had a chance. United States Army Armor Center. drafted in order to clarify S. 339. The bill I am introducing today sim SEC. 2. AUTIIORITY TO ISSUE COMBAT ARMOR At the suggestion of the Phoenix Po ply bestows recognition upon Army BADGE. lice Department, a definition of "out armor soldiers who participate in com (a) COMBAT ARMOR BADGE IN CASE OF MEM law gang" has been included in this BERS OF THE ARMY.-Chapter 357 of title 10, substitute bill to better identify those bat. I ask my colleagues to reflect for United States Code, is amended by adding at a moment on the awards and badges of outlaw gangs which fall within the the end the following new section: scope of this act. This generic defini fered to other U.S. troops who engage "§ 3754. Combat armor badge in combat. For those soldiers who par "(a) The Secretary of the Army may award tion of "outlaw gang" eliminates the ticipate in ground combat, a combat combat armor badge of appropriate design to need to include categorical references infantryman badge may be awarded. any armor soldier who was assigned or at to certain gangs. The reference to out For servicemen in the Air Force Medi tached to an Army armored, cavalry, or re law street and motorcycle gangs over cal Service, or the Army and Navy connaissance unit while such was engaged in looked prison gangs whose members combat operations against an enemy force. continue to maintain their gang affili Medical Departments, a combat medi The Secretary shall prescribe the conditions cal badge exists. But what about armor ation and engage in criminal activity for award of the combat armor badge. after release from prison. Moreover, soldiers, Mr. President? Shouldn't they "(b) In this section, the term 'armor sol be recognized for their unique skills dier' means of soldier trained and qualified the reference to motorcycle gangs gen and contributions in times of combat? to serve as a member of a crew of an armored erated concern that law-abiding motor Armor soldiers are a special breed of vehicle.". cycle club members would be inadvert warrior. Like infantrymen or field (b) TECHNICAL AMENDMENT.-The table of ently targeted as outlaws. medical personnel, they are directly in sections at the beginning of such chapter is The intent of the legislation remains volved in close combat missions. Ac amended by adding after the item relating to the same: to provide the necessary cording to the Department of the section 3753 the following: tools to the Bureau of Alcohol, To Army's Weapons Systems 1990, tanks "3754. Combat armor badge.". bacco and Firearms [ATF] to assist are a primary ground combat weapons SEC. 3. EFFECTIVE DATE. them in ridding our streets of violent The amendments made by section 2 shall gangs. This bill will severely limit system for closing with .and destroying take effect as of August 2, 1990. enemy forces using mobility, fire gang members' ability to acquire fire arms and explosives and, in turn, their power, and shock action. This has been U.S. SENATE, repeatedly proven on the world's bat Washington, DC, June 17, 1991. ability to inflict terror and distribute tlefields, including during the 100 hours Hon. MICHAEL STONE, drugs throughout the cities and com of fighting in Operation Desert Storm. Secretary, Department of the Army, The Penta munities of this Nation. I think it is only appropriate to take gon, Washington, DC. Gang members and the crimes they a moment to praise Fort Knox, KY DEAR SECRETARY STONE: This afternoon I commit are growing at horrifying the home of armor-for its outstanding introduced legislation providing for the es rates. Our Nation's major cities are training of our armor personnel. The tablishment and award of an Armor Combat overrun with gang-related violence. Tank Badge. I am enclosing a copy of my bill Gangs have taken over neighborhoods swift defeat of Iraqi forces is testament for your viewing. to the superb schooling our soldiers re The war to liberate Kuwait reaffirmed the and turned them into war zones. The ceived at that installation. Command necessity of armor forces on the world's bat Los Angeles Police Department reports ing General Foley and the entire in tlefields. Engaged in the largest tank assault that from 1985 to 1988 the number of stallation is deserving of our highest since World War n, U.S. and allied troops gangs and gang-related homicides in thanks and praise. soundly defeated Saddam Hussein's war ma creased 71 percent, and other major Let me also thank the many Ar chine. Over 1,000 U.S. tanks and armor crews cities report record homicides attrib contributed to this impressive victory. utable to gang violence. mored Division Associations and While the idea of an Armor Combat Tank former armor soldiers for their support The gang explosion is not limited to Badge is not new, I think it is clear its time our major cities; mid-size cities and of this bill. In particular, the tireless has come. For several years, Armor Division efforts of Mr. Charles Sutherland must Associations in Kentucky-and nationwide suburban areas face gang problems as be recognized. have expressed their hopes for the creation well. It certainly exists in my home Mr. President, I hope my colleagues of such a badge. Our armor soldiers are a spe State, Arizona, where 110 drive-by will join me in supporting our armor cial breed of warrior, and I am certain this shootings were reported in Tucson and soldiers, and in recognizing their con badge will provide them with the recognition Phoenix alone since January 1991. In tributions in times of combat. they so rightly deserve. addition, the Phoenix Police Depart I ask unanimous consent that a copy I hope you will lend your support to my ment records indicate there are ap bill, and will join me in thanking all our proximately 285 gangs, an increase of of a letter I sent to the Secretary of armor soldiers. the Army be inserted into the RECORD, Sincerely, over 700 percent since the department along with a copy of my bill. MITCH MCCONNELL, began keeping records in 1978. There being no objection, the mate U.S. Senator.• Gangs are recruiting young children rial was ordered to be printed in the with the lure of money, expensive RECORD, as follows: By Mr. MITCHELL (for Mr. clothes, powerful weapons, and the ad s. 1302 DECONCINI, for himself, Mr. diction of cocaine; the violence and Be it enacted by the Senate and House of Rep D'AMATO, Mr. WARNER, Mr. terror of the street hardens our youths resentatives of the United States of America in HEFLIN, Mr. LIEBERMAN, and into criminals before they are old Congress assembled, Ms. MIKULSKI): enough to attend high school-if they SECTION 1. FINDINGS. S. 1303. A bill to enhance the Federal live that long. Gangs are expanding at The Congress finds the following: Government's authority and ability to alarming rates; in fact, Los Angeles au- 14990 CONGRESSIONAL RECORD-SENATE June 17, 1991 thorities estimate that the area street amendments to the Firearm Act of the TnLEI-ENHANCEDPENALTIESFORTHE gang population is approaching 100,000. Criminal Code will thwart the efforts MISUSE OF FIREARMS AND EXPLOSIVES As these gangs expand, they seek out of gangs to elude authorities and es SEC. 101. POSSESSION OF STOLEN FIREARMS new territory, and new buyers for their cape prosecution for their heinous AND EXPLOSIVES. drugs. Rival gangs battle each other, crimes of terror and violence. (a) FmEARMs.-Section 922(j) of title 18, but the bloodshed is not limited to United States Code, is amended by inserting Mr. President, this bill will not end "possess," before "conceal". gang members. Their diplomacy is gun the gang problem in this country, but (b) ExPLOSIVES.-Section 842(h) of title 18, fire, and they do not care who receives it is a step in the right direction. Our United States Code, is amended by inserting their deadly message. Innocent, law city streets are rampant with tales of "possess," before "conceal". abiding citizens are caught in the mid horror brought about by gang violence. SEC. 102. TRANSFER OF FIREARM TO COMMIT dle of this violence; they are held firm Local law enforcement agencies are CRIME OF VIOLENCE OR DRUG ly in the grasp of the gangs. Commu overwhelmed and the communi ties are TRAFFICKING CRIME. nities have lost control of their streets, Section 924(h) of title 18, United States helpless, crying out for help. That help Code, is amended by inserting "or having their parks and playgrounds, and more is here-Federal assistance from the reasonable cause to believe" after "know importantly, control of their children. U.S. Government. Remember that gang ing". If they speak out, or attempt to inter violence is not isolated; it is a national SEC. 103. PERIOD OF LIMITATION FOR VIOLA fere with a gang, they face the terror of problem, and it is exploding. Rapid TIONS OF THE NATIONAL FIREARM deadly retaliation. Federal assistance is crucial to combat ACT. Gangs form for diverse purposes, gangs and it can begin today with the (a) IN GENERAL.-The first sentence of sec ranging from the sole purpose of drug Outlaw Gang Control Act of 1991. tion 6531 of the Internal Revenue Code of 1986 trafficking to basic survival on the (relating to periods of limitation on criminal Let there be no mistake about the prosecutions) is amended by inserting "shall streets. A gang profile beyond the purpose of this crucial legislation: To be 5 years for offenses described in section major categories is difficult to de combat violent criminals who violate 5861 (relating to firearms violations) and" scribe, because gangs vary in so many Federal firearms and explosives laws. after "the period of limitation". ways. Memberships range from 4 to 5 This bill I offer today simply clarifies (b) EFFECTIVE DATE.-The amendment members to thousands of members; the purpose of S. 339. Law enforcement made by this section shall apply to offenses gang members range in age from 10 committed after the date of enactment of officers and law-abiding citizens in the this Act. years old and up. Some gangs, such as communities across this Nation ap the Hell's Angels, are extremely orga SEC. 104. RECEIPl' OF FIREARMS BY NON plaud this needed legislation. I would RESIDENTS. nized, with a national organization and like to thank Gus Haag, and Wayne Section 922(a) of title 18, United States national leadership, while street gangs, Curtin of the Motorcycle Riders Foun Code, is amended- such as the Bloods and Crips, are unso dation for their support and assistance (1) in paragraph (7) by striking "and" at phisticated, with a structure that in improving this bill. I ask unanimous the end thereof; changes from day to day. consent that the entire text· of the bill (2) in paragraph (8) by striking the period Mr. President, as you can clearly see, I am submitting today and a section at the end thereof and inserting"; and"; and gang violence is an epidemic. Local law (3) by adding at the end thereof the follow by-section analysis be printed in the ing new paragraph: enforcement agencies are doing all RECORD. they can do, but the simple fact is that "(9) for any person, other than a licensed There being no objection, the mate importer, licensed manufacturer, licensed they are outmanned and outgunned. rial was ordered to be printed in the dealer, or licensed collector, who does notre The Outlaw Gang Control Act of 1991 RECORD, as follows: side in any State to receive a firearm.". combats the growing problem of the 8.1303 SEC. 1015. THEFT OF FIREARM OR EXPLOSIVE MA heavily armed outlaw gangs that have TERIAL. spread across this country by enhanc Be it enacted by the Senate and House of Rep (a) FIREARMS.-Section 924 of title 18, Unit ing the enforcement power of the lead resentatives of the United States of America in ed States Code, is amended by adding at the Federal agency in the antigang effort- Congress assembled, end thereof the following new subsection: the Bureau of Alcohol, Tobacco and SECTION 1. SHORT TITLE. "(i) Whoever steals a firearm that is mov Firearms. The bill establishes a na This Act may be cited as the "Outlaw Gang ing as, or is a part of, or that has moved in, Control Act of 1991". interstate or foreign commerce shall be fined tional gang analysis center under the under this title and imprisoned for not less direction and control of ATF as a na SEC. 2. FINDINGS AND PURPOSE. (a) FINDINGS.-The Congress finds that- than 5 years or more than 10 years, or tional repository for gang intelligence, both.". (1) outlaw gangs pose an ever-increasing (b) EXPLOSIVES.-Section 844 of title 18, which in turn will provide information threat of violent crime; to law enforcement and the public. United States Code, is amended by adding at (2) such gangs are a force that can be con the end thereof the following new subsection: This bill empowers ATF with seizure tained only through law enforcement efforts and forfeiture authority of drugs, "(k) Whoever steals explosive material coordinated at the Federal level; and that is moving as, or is a part of, or that has money, and other property involved in (3) such gangs are a national epidemic, and moved in, interstate or foreign commerce crimes relating to firearms and explo they must be the subject of a national strat shall be fined under this title and imprisoned sives. Presently ATF agents are only egy for interdiction and control. for not less than 5 years or more than 10 authorized to seize firearms and explo (b) PURPOSE.-It is the purpose of this Act years, or both.''. to--- sives. With this increased seizure SEC. 108. POSSESSION OF FIREARM DURING COM power, ATF agents will no longer have (1) combat gang-related violent crime MISSION OF A CRIME OF VIOLENCE through enhanced penalties and other provi OR DRUG TRAFFICKING CRIME. to leave money and drugs in the hands sions of law that control the illegal use of of gangs. ATF will now be able to Section 924(c) of title 18, United States firearms and explosives; Code, is amended- bankrupt the gangs. (2) expand seizure and forfeiture authority (1) by striking "uses or carries a firearm" The bill also toughens penalties for of the Bureau of Alcohol, Tobacco and Fire and inserting "uses, carries, or possesses a firearms violations. It creates a new of arms; and firearm"; and fense punishable by a mandatory mini (3) authorize the establishment of a Na (2) by striking "used or carried" and in mum 5-year prison term for stealing a tional Center for Outlaw Gang Analysis. serting "used, carried, or possessed". firearm or explosive material. This leg SEC. 3. DEFINITION. SEC. 107. FIREARMS AND EXPLOSIVES CONSPIR islation makes it unlawful for any per For the purposes of this Act, the term ACY. son to transfer a firearm having "rea "outlaw gang" or "gang" means a criminal (a) FmEARMS.-Section 924 of title 18, Unit sonable cause to believe" that it will syndicate composed of 5 or more persons ed States Code, as amended by section 105(a), that is commonly known by a certain name is amended by adding at the end thereof the be used to commit a crime of violence or identifier that engages in or has as one of following new subsection: or drug trafficking. The bill further its purposes engaging in Federal felony of "(j) Whoever conspires to commit an of makes it unlawful to steal any firearm fenses involving firearms, physical injury, or fense under this chapter shall be subject to from a licensed dealer. These crucial threats of physical injury. the same penalties as those prescribed for June 17, 1991 CONGRESSIONAL RECORD-SENATE 14991 the offense the commission of which was the "(i) upon process issued pursuant to the (1) to identify the outlaw gangs that en object of the conspiracy.". Supplemental Rules for Certain Admiralty gage in drug-related and other violent crime (b) ExPLOSIVES.-Section 844 of title 18, and Maritime Claims by any district court of by- United States Code, as amended by section the United States having jurisdiction over (A) types of illegal activity; 105(a), is amended by adding at the end such property; or (B) methods of operation; and thereof the following new subsection: "(ii) without such process when- (C) geographic distribution; "(1) Whoever conspires to commit an of "(!) the seizure is pursuant to a lawful ar (2) to gather intelligence on illegal activi fense under this chapter shall be subject to rest or search; ties undertaken by violent outlaw gangs the same penalties as those prescribed for "(II) the Secretary has probable cause to from law enforcement sources; the offense the commission of which was the believe that the property is directly or indi (3) to increase public awareness of outlaw object of the conspiracy.". rectly dangerous to health or safety; or gang identification and threat to the public SEC. 108. THEFT OF FIREARMS OR EXPLOSIVES "(ill) the Secretary has probable cause to and to solicit information and evidence, FROM UCENSEE. believe that the property is subject to civil under the assurance of confidentiality, from (a) FmEARMS.-Section 924 of title 18, Unit forfeiture under this section. persons who possess information that may ed States Code, as amended by section 107(a), "(B) Proceedings under paragraph (4) shall assist law enforcement investigations; is amended by adding at the end thereof the be instituted promptly in the case of a sei (4) to establish a national hotline for the following new subsection: zure pursuant to subparagraph (A)(ii) (II) or public to report unlawful gang activity; "(k) Whoever steals a firearm from a li (ill). (5) to share intelligence information per censed importer, licensed manufacturer, li "(C) The Government may request the is taining to illegal gang activity with the ap censed dealer, or licensed collector shall be suance of a warrant authorizing the seizure propriate Federal, State, and local law en fined in accordance with this title, impris of property subject to forfeiture under this forcement and correction agencies; oned not more than 10 years, or both.". subsection in the same manner as is provided (6) to conduct seminars and conferences for (b) EXPLOSIVES.-Section 844 of title 18, for the issuance of a search warrant under Federal, State, and local law enforcement United States Code, as amended by section the Federal Rules of Criminal Procedure. and correction agencies and community 107(b), is amended by adding at the end "(4)(A) Subject to subparagraph (B), the leaders, to assist in identification of gang ac thereof the following new subsection: law relating to the seizure, summary and ju tivities and methods to curtail and control "(m) Whoever steals explosive material dicial forfeiture, and condemnation of prop such activities; and from a licensed importer, licensed manufac erty for violation of the customs laws, the (7) to publish an annual report that in turer, licensed dealer, or permittee shall be disposition and transfer of such property or cludes significant findings pertaining to fined in accordance with this title, impris the proceeds from the sale thereof, the re (A) gang identification; oned not more than 10 years, or both.". mission or mitigation of such forfeitures, (B) incidence of gang use of explosive de TITLE II-SEIZURE AND FORFEITURE and the compromise of claims shall apply to vices and firearms; and SEC. 201. EXPANDED AUTHORITY OF THE SEC· seizures and forfeitures incurred or alleged (C) the results of Federal outlaw gang RETARY OF THE TREASURY. to have been incurred under this subsection, eradication efforts. (a) FmEARMS AND AMMUNITION.-Section insofar as that law is applicable and is not (C) AUTHORIZATION OF APPROPRIATIONS. 924(d) of title 18, United States Code, is inconsistent with this subsection. There are authorized to be appropriated such amended by adding at the end the following "(B) In carrying out the law described in sums as are necessary to carry out this sec new paragraph: subparagraph (A) for the purposes of this tion. "(4)(A) Any property (other than real prop subsection, such duties as are imposed on the SEC. 402. AUTHORITY OF THE BUREAU OF ALCO. erty) subject to forfeiture under section customs officer or any other person with re DOL, TOBACCO AND FIREARMS. 511(a) of the Controlled Substances Act (21 spect to the seizure and forfeiture of prop The Director of the Bureau of Alcohol, To U.S.C. 881(a)), may be seized and forfeited in erty under that law shall be performed with bacco and Firearms shall be responsible for connection with an investigation of a viola respect to seizures and forfeitures of prop providing- tion of subsection (c) of this section, and all erty under this subsection by such officers, (!) national oversight in the accumulation provisions of section 551 of the Controlled agents, or other persons as the Secretary and dissemination of gang-related informa Substances Act shall apply to seizures and designates for that purpose. tion; and forfeitures under this paragraph. "(5) All right, title, and interest in prop (2) coordination of gang-related investiga "(B) For the purposes of subparagraph (A}, erty described in paragraph (1) shall vest in tions by Federal law enforcement agencies. the functions of the Attorney General under the United States upon commission of the section 551 of the Controlled Substances Act violation that gives rise to forfeiture under THE OUTLAW GANG CONTROL ACT OF 1991- with respect to the seizure, forfeiture, and this subsection. SECTION-BY-SECTION ANALYSIS disposition of property shall be carried out "(6) The filing of an indictment alleging a Sec. I.-Findings by the Secretary of the Treasury.''. violation of subsection (d), (e), (f), (g), (h), or Sec. 2.-Purpose (i) of section 842(h), or of State or local law (b) ExPLOSIVE MATERIALS.-Section 844(c) Sec. 3.-Definition of title 18, United States Code, is amended to that could have been charged under such read as follows: Federal laws which is also related to a civil A definition of "outlaw gang" and "gang" "(c)(l) The following shall be subject to forfeiture proceeding under this subsection is included to clarify those gangs which are forfeiture to the United States and their shall, upon motion of the United States and subject to prosecution under this bill. former owner shall have no property right in for good cause shown, stay the civil forfeit TITLE I-ENHANCED PENALTIES FOR THE MISUSE them: ure proceeding.". OF FIREARMS AND EXPLOSIVES "(A) Any explosive material that is in TITI.E ill-FUNDS FOR UNDERCOVER Sec. 101. Possession of stolen firearms and volved, used, or intended to be used in con PURCHASES explosives nection with a violation of the provisions of SEC. SOl. RECOVERY AND REDEPOSIT OF UNDER Current law makes it unlawful to ship, this chapter or any rule or regulation pro COVER FUNDS. transport, or receive stolen firearms, or to mulgated thereunder or a violation of any Section 3302 of title 31, United States Code, receive, transport, ship, sell, or dispose of criminal law of the United States. is amended by adding at the end thereof the stolen explosives. The law does not make "(B) Any real or personal property that is following new subsection: possession of a stolen weapon or explosive il involved, used, or intended to be used in any "(g) Moneys expended from appropriations legal. This legislation amends sections 922(j) manner or part in connection with a viola for the Bureau of Alcohol, Tobacco and Fire and 842(h) of title 18, United States Code, tion of subsection (d), (e), (f), (g), (h), or (i) of arms for the purchase of alcohol, tobacco, making it unlawful for any person to possess this section or of section 842(h). firearms, and explosives for evidentiary pur stolen firearms or explosive materials if they "(C) Any real or personal property that poses and subsequently recovered shall be re know or have reason to know that the fire constitutes or is derived from proceeds trace imbursed to the appropriation current at the arms or explosives were stolen. able to a violation of subsection (d), (e), (0, time of deposit.". (g), (h), or (i) of this section or of section Sec. 102. Transfer of a firearm to commit a crime 842(h). TITLE IV-NATIONAL CENTER FOR of violence or a drug trafficking crime "(2) No property shall be forfeited under OUTLAW GANG ANALYSIS This section will amend section 924(h) of this subsection to the extent of the interest SEC• .fOl. ESTABUSHMENT OF CENTER. title 18, United States Code, to make it un of an owner or lienholder by reason of a vio (a) IN GENERAL.-There shall be established lawful for any person to transfer a firearm lation committed without the knowledge of in the Bureau of Alcohol, Tobacco and Fire having "reasonable cause to believe" that it that owner or lienholder. arms a National Center for Outlaw Gang will be used to commit a crime of violence or "(3)(A) The Secretary may seize any prop Analysis. drug trafficking crime. Current law provides erty subject to civil forfeiture under this (b) PuRPOSES.-The purposes of the Center that the transferor must know that the fire subsection- shall be- arm will be used to commit such crimes. 14992 CONGRESSIONAL RECORD-SENATE June 17, 1991 This will greatly enhance law enforcement required to establish a relationship between into its current appropriation rather than efforts to prevent gang members and other the drug or violent offense and the defend into the General fund. This amendment is drug traffickers from acquiring firearms ant's possession of the firearm (for example, similar to provisions in section 3056(a) of the tools of their trade. it would not include a gun kept exclusively title 18, United States Code, and section Sec. 103. Increase the statute of limitation for in a club locker and used only for sporting 886(b) of title 21, United States Code, which violations of the national firearms act purposes at the club), but the relationship or enable the Secret Service to reimburse their connection may be more attenuated than current appropriation with money they ex Presently the statute of limitations is under current law and may apply to a fire three years for violations of the National pended for purchase of counterfeits and con Firearms Act (NFA), relating to machine arm that is possessed by the defendant for trolled substances and subsequently recov potential employment in his illegal activi ered. guns, short-barreled rifles and shotguns, and ties, even though it is not physically on his destructive devices. This legislation will TITLE IV-NATIONAL CENTER FOR OUTLAW GANG person or within reach and even though it is ANALYSIS amend section 6531 of the Internal Revenue not proved to have been used or planned to Code of 1986 (18 U.S.C. Sec. 6531) by increas be used during the offense. Sec. 401. Establishment of center ing the statute of limitations from three Sec. 107. Firearms and explosives conspiracy This section authorizes the necessary ap years to five years for violations of the NF A, propriations for the establishment of a Na Section 5861 of the Internal Revenue Code of This section would add sections 844(1) and tional Center for Outlaw Gang Analysis 1986 (18 u.s.a. Sec. 5861). This would be con 924(j) to title 18, United States Code, to pro under the direction and control of the Direc sistent with the statute of limitations for vide that the penalty for conspiring to vio tor of ATF. The purpose of this Center is to violations of the Gun Control Act, as amend late the Federal firearms or explosives laws establish a national repository of informa ed, 18 u.s.a. Chapter 44. would be the same as the substantive of tion on outlaw gangs to assist State and Sec. 104. Receipt of firearms by non-residents fense. These amendments are similar to 21 local, and other Federal law enforcement and u.s.a. Section 846 relating to conspiracies to corrections agencies to obtain information This section addresses the law enforcement violate the Federal drug laws. problem posed by aliens legally in the United on outlaw gangs. It is also the purpose of States, but not residing in any State, who •Sec. 108. Theft of firearms or explosives from this Center to conduct a public awareness acquire firearms from Federal firearms li licensee program to educate the public regarding censees by utilizing an intermediary. Having This section also amends sections 924 and gang identification and illegal activity so acquired firearms in this country, such 844 of title 18, United States Code, by adding that the public can in turn report suspicious aliens often smuggle the weapons out of the that whoever steals any firearm from a li gang activities to the Center. Moreover, the country. It is generally unlawful for any per censed importer, licensed manufacturer, li Center will be responsible for publishing an son to transfer a firearm to any other person censed dealer, or licensed collector, or any annual report regarding gangs' use of explo who does not reside in the State in which the explosive materials from a licensed im sive devices and firearms. transferor resides. However, the alien's re porter, licensed manufacturer, or licensed Sec. 402. Authority of ATF ceipt of a firearm from a licensee or through dealer shall be imprisoned not more than ten This section directs that the Director of an intermediary does not violate any specific years, fined, or both. ATF will have the lead role over the collec portion of the Act. This legislation amends TITLE II-SEIZURE AND FORFEITURE tion and dissemination of gang-related intel section 922(a) of title 18, United States Code, Sec. 201. Amendments to expand ATF seizure ligence and be responsible for the overall co making it unlawful for any person, other and forfeiture authority ordination of Federal investigations of out than a licensed importer, manufacturer, li This section amends section 924(d) of title law gangs.• censed dealer, or licensed collector, who does 18, United States Code, to give the Bureau of not reside in any State, to purchase or other Alcohol, Tobacco, and Firearms (ATF) the By Mr. DURENBERGER: wise receive firearms. authority to seize and forfeit property (ex S. 1304. A bill to extend until January The section would not prohibit an alien cept real property) in connection with ATF's 1, 1995, the existing suspension of duty lawfully conducting a firearms business in enforcement of section 924(c) of title 18, the United States from receiving firearms in on certain piston engines; to the Com United States Code. Section 924(c) provides mittee on Finance. the conduct of such business. Moreover, the for mandatory penalties for the use or carry amendment does not affect those aliens who ing of a firearm during and in relation to a DUTY SUSPENSION FOR CERTAIN PISTON legally import or bring firearms into the drug trafficking crime. ATF's existing sei ENGINES United States for legitimate purposes and zure and forfeiture authority under the Gun • Mr. DURENBERGER. Mr. President, would not preclude the lawful acquisition of Control Act of 1968 is limited to firearms and today I am introducing legislation firearms by aliens who have established resi ammunition. This legislation would allow which would suspend the duty on two dency in a State. ATF to seize and forfeit drugs, money, and and four-stroke gasoline engines used Sec. 105. Theft of firearms or explosives other property involved in the underlying in snowmobiles, golf carts, and other This section further amends sections 844 drug trafficking crime. Currently, ATF must recreational vehicles. and 924 of title 18, United States Code, by either turn the property over to the Drug creating new offenses punishable by a man Enforcement Administration (DEA) or allow Before the United States adopted the datory minimum five-year prison term for State or local agencies to dispose of the harmonized system of tariff classifica stealing a firearm or explosive materials. property. Requiring DEA to process forfeit tions, there was no duty imposed on Currently, sections 842(h) and 922(i) and (j) of ures resulting from ATF investigations re these imported engines because for sev title 18, United States Code, punish the sults in an administrative burden on DEA. eral years, there have been no domestic transportation, receipt or disposition of fire Turning property over to State or local manufacturers offering these engines. arms or explosive materials known to have agencies means that the proceeds resulting However, in the transition to the har been stolen. There is, however, no offense from the disposition of the property are lost monized system, these engines were re specifically directed at the theft of firearms to the Federal Government. Both of these al classified into a new category which or explosives. ternatives could be avoided if ATF's author ity to seize and forfeit property involved in carries a 3.1-percent tariff. My amend Sec. 106. Possession of a firearm during the com ment would suspend this duty until mission of a crime of violence or drug traffick drug trafficking crimes is extended as pro ing crime posed in the attached amendments. January 1, 1995. This section would extend ATF's seizure Mr. President, when the harmonized This section is designed to broaden the and forfeiture authority to provide for the system was adopted, it was never the prohibition in section 924(c) of title 18, Unit efficient forfeiture of property in connection ed States Code, to reach persons who have a intent of the Congress to raise tariffs with ATF's enforcement of section 924(c) of on products that were not previously firearm available during the commission of title 18, United States Code, and to insure certain crimes even if the firearm is not car that ATF will recover certain resources ex dutiable. In this instance, the HS sys ried or used. Currently, section 924(c) pun pended in their investigations. tem works to the disadvantage of do ishes by a mandatory five-year prison term mestic manufacturers and simply the carrying or use of a firearm during and TITLE ill-FUNDS FOR UNDERCOVER PURCHASES forces American companies to raise the in relation to the commission of a drug or Sec. 301. Recovery and redeposit of undercover price of their products and to be less violent felony. The proposed amendment is funds designed to cover any circumstance in This section amends section 3302 of title 31, competitive against foreign manufac which, for example, a drug trafficker has United States Code, to allow ATF to rede turers of similar recreational vehicles. available a firearm during and in relation to posit money used to purchase alcohol, to That makes no sense. his illegal drug activities. As under the ex bacco, firearms, and explosives for evidenti I would also note that unless this tar isting provision, the Government will still be ary purposes and subsequently recovered iff is suspended, the duty imposed on June 17, 1991 CONGRESSIONAL RECORD-SENATE 14993 imported engines will be higher-3.1 customer's incentive to invest in en Electricity and natural gas are the percent-than the duty that is imposed ergy saving equipment. two the principal energy sources for on the fully assembled imported prod On June 11, 1991, the Internal Reve residential and commercial energy con uct-1.5 percent. nue Service issued a second opinion sumption. According to the Depart Mr. President, I hope that my col and reversed itself for certain electric ment of Energy, natural gas accounts leagues will join me in correcting a sit nonrefundable rebates. for 44 percent of the direct consump uation which has unintentionally erod In my opinion, both rulings were half tion of energy and electricity accounts ed the competitiveness of an entire sec right and halfwrong. for 39 percent. tor of American industry.• It is wrong to tax rebates on the Consumer energy choices are particu most energy efficient equipment in the larly affected by promotional practices By Mr. DOMENICI: marketplace. It is wrong to penalize which alter initial costs of the appli S. 1305. A bill to amend the Internal true conservation. ance or equipment. Often a consumer Revenue Code of 1986 to encourage It is correct to tax rebates on equip will choose a cheaper, yet less efficient consumer participation in energy effi ment that result in greater energy con appliance even when the payback pe ciency, conservation, and cost-effective sumption than necessary, especially in riod from energy savings is less than 2 demand-side management by excluding these tight budgetary times. My bill years. We do not want tax policy to af from gross income payments made by would correct the portion of the ruling fect costs which in turn would favor utilities to customers for purchasing that is misguided and restore a favor one source over another. It would re qualified energy conservation appli able treatment for true energy con sult in both energy and economic inef ances and for taking energy conserva servation rebates. The Federal Government has devel ficiency. tion measures, and for other purposes; The bill also allows a favorable tax to the Committee on Finance. oped minimum energy conservation standards for appliances. In addition, treatment for small cogeneration CONSERVATION AND ENERGY EFFICIENT the Federal Trade Commission's Appli plants that some small businesses, INVESTMENT ACT ance Labeling Program already exists schools, and hospitals could install. Mr. DOMENICI. Mr. President, I am and could facilitate this targeted ap This provision will add to the cost es sending to the desk the Conservation proach to energy conservation rebates. timate for the bill, but I wanted to and Energy Efficient Investment Act of Under section 324 of the Energy Policy take the good conservation policy ap 1991. This bill changes the tax treat and Conservation Act of 1975, the dis proach to encourage small businesses, ment of certain conservation rebates. closure of energy efficiency and the schools, and hospi tala to use cogenera Many of you have seen ads in the local cost to operate various appliances is tion where, and when they have the op papers about conservation rebates. Buy required. Labels are required for home portunity. a heat pump and get a $300 rebate or a heating and cooling systems, heat The idea of favorable tax treatment credit on your utility bill. Buy your pumps, water heaters, freezers, and for conservation rebates does not come family a new stove and get $150 back. dishwashers. These are most of the from out of the blue. The historical ex While all the ads sound appealing, same appliances that are the subject of clusion of trade rebates and discounts not all rebates are created equal. Not rebate programs. from gross income is based on long all rebates result in energy efficiency The labels are prominently displayed standing case law which supports the and conservation. Consequently, not on each applicance and they are easy position that energy efficiency credits all rebates should be treated equally to understand. An additional line could or payments represent an adjustment under the Tax Code. be added to the label stating whether to the price of either the electricity or Some utility companies offer rebates the appliance, if purchased in conjunc the equipment depending on the facts as part of their demand management tion with a rebate program, would of the incentive program involved. program to encourage consumers to qualify for favorable income tax treat Yes, this bill would result in a small purchase the most efficient appliances ment. revenue loss to the Federal Govern available in the marketplace. This en Under this approach the public would ment. Preliminary estimates are at courages conservation. These are good be better informed, and the most en least $500 million over 5 years. This is programs and I believe tax policy ergy efficient equipment would be an the estimate for the Kennelly bill pre should encourage them. My bill would attractive choice for consumers. Every pared prior to the June 11, 1991, Inter provide a tax incentive for this type of one would benefit. The country would nal Revenue technical advice memo rebate. be pursuing an intelligent energy con randum. The Internal Revenue's action Other utility companies have pro servation and tax policy. The customer may significantly reduce the revenue motional programs to get people to buy would get an immediate incentive to estimate. one type of appliance instead of an invest in a device that would save on Regardless, the revenue loss would other, with the objective of selling energy and utility bills over the long need to be offset under the new pay-as more energy. Our tax system should run, and the utility would have the op you-go requirements of the Budget En not favor that rebate species. My bill portunity to reduce demand. In some forcement Act. would not provide a tax incentive for cases, demand is reduced enough that I will be happy to work with the com this type of promotional rebate pro the utility would not have to build an mittee to find an offset, as well as to gram. additional power plant. To them, con answer any questions and respond to It used to be that all conservation re struction is more expensive than con comments you may have on this legis bates were not taxed as income to the servation. lation. consumer. Representative BARBARA KENNELLY, By Mr. KENNEDY (for himself That changed in February 1989, when Senator SYMMS, and others have intro and Mr. HATCH): the Internal Revenue Service issued a duced energy conservation rebate legis S. 1306. A bill to amend title V of the technical advice memorandum which lation. I appreciate all the work they Public Health Service Act to revise and held that cash payments to encourage have done on this issue. But some bills, extend certain programs, to restruc the installation of alternative heating and the recent IRS ruling only favor ture the Alcohol, Drug Abuse, and systems were gross income to the re electric utilities. I believe this is a Mental Health Administration, and for cipients. In other words, in addition to mistake. other purposes; to the Committee on spending a lot of money on an appli My bill would apply to both elec Labor and Human Resources. ance or piece of equipment in order to tricity and natural gas because I think ALCOHOL, DRUG ABUSE, AND MENTAL HEALTH conserve energy, the customer who re tax policy should encourage maximum ADMINISTRATION REORGANIZATION ACT OF 1991 ceived a rebate must also pay tax on energy conservation. To achieve that Mr. KENNEDY. Mr. President, today that rebate. This tax policy effectively objective Congress should treat the two I am joining Senator HATCH, the rank reduces the size of the rebate and the major competitors alike. · ing member of the Committee on Labor 14994 CONGRESSIONAL RECORD-SENATE June 17, 1991 and Human Resources, in introducing Our conclusion is that the present The placement of NIDA, NIAAA, and the ADAMHA Reorganization Act of configuration of ADAMHA is not axr NIMH alongside the National Cancer 1991. propriate. Senator HATCH, Secretary Institute, the National Institute of Di Mental illness and substance abuse Sullivan, and I believe that HHS could abetes, and the other NIH institutes are two of the most vexing public better fulfill its responsibilities in the will serve a vital symbolic function: health problems confronting the Unit fields of mental health and substance Congress will be affirming the status of ed States. Their cost is staggering. In abuse if the research and service pro mental illness and substance abuse as economic terms, these afflictions re grams now administered by ADAMHA diseases. We should bring the same de sult in nearly $300 billion in lost pro were separated. This bill accomplishes gree of compassion and scientific dis ductivity, medical expenditures, and that goal by transferring the three cipline to bear upon mental illness and social program outlays each year. The ADAMHA research institutes to NIH substance abuse as we bring to bear human costs of these epidemics--lost and by reconstituting ADAMHA as upon any other disease. The same prin dreams, shattered lives and devastated ADAMHSA, the Alcohol, Drug Abuse, ciples of public health should govern. families--are immeasurable. and Mental Health Services Adminis Mental health and substance abuse ADAMHA is the agency within the tration. service providers have as much cause Department of Health and Human It might seem logical to keep re to welcome this reorganization as their Services responsible for our efforts to search and services under the same counterparts in research. For too long, combat mental illness and substance roof in order to facilitate "technology the growth of Federal support for abuse. ADAMHA has two separate, transfer," the process by which re treatment and prevention of these af equally important, missions. It spon search findings are applied in the field. flictions has been stunted by the cur sors research on mental health and ad In practice, however, the research find rent patchwork of authorities. Con diction issues, and it provides preven ings are applied in the field. In prac gress has recognized a Federal role in tion and treatment services through a tice, however, the research and service filling the large gaps in existing State variety of grant programs. enterprises are so different that they and local treatment and prevention cannot be effectively administered in networks, but the diverse missions of Under current law, ADAMHA con one agency. Researchers and service ADAMHA have caused these service sists of our entities: the National Insti providers share a common goal, but programs to be implemented with an tute on Drug Abuse [NIDA], The Na they speak a different language and undue emphasis on research. tional Institute on Alcohol Abuse and thrive in different professional cul The transformation of ADAMHA into Alcoholism [NIAAA], the National In tures. Rather than collaboration be an agency with an unambiguous char stitute of Mental Health [NIMH], and tween research and services, ADAMHA ter to support treatment and preven the Office for Substance Abuse Preven has been the setting for competition tion services for the mentally ill and tion [OSAP]. A fifth entity, the Office between these activities, a situation for substance abusers is an important for Treatment Improvement [OTI], was compounded by overlap and confusion development. The bill I am introducing established by administrative author with respect to the duties of the insti today will authorize a broad array of ity. NIDA, NIAAA, and NIMH are pri tutes and the agencies. programs to be administered by marily research institutes, although The advantages of reorganization are ADAMHSA. Some of these programs, they conduct some service demonstra substantial, and both the research and like the High-Risk Youth Grant Pro tion projects. OSAP and OTI are serv services fields will benefit. gram, exist in law now but are admin ice-oriented agencies, although they Mental health and substance abuse istered within the contraints of a re engage in research and outcome eval researchers will enjoy the prominence search agenda. Others, like the Capac uation with respect to their service that derives from association with ity Expansion Program, are new. All of programs, most of which are called re NIH. There is a dynamic interaction these programs will benefit from the search demonstration projects. This among the NIH institutes--a climate of new structure, under which money axr patchwork of authorities is largely a scientific excellence that breeds co propriated by Congress for services will function of history; each of the entities operation and ingenuity. For too long, be used for services, and money appro in ADAMHA was created at a different reseachers specializing in the fields of priated for research will be used for re time, and the structure has never been mental health and substance abuse search. the subject of comprehensive congres have been second class citizens in the In fashioning this proposed reorga sional review. medical research community because nization, Senator HATCH, Secretary Statutory authorization for the vi their disciplines are not represented at Sullivan, and I have been mindful of tally important research and service NIH. There may have been a time, in potential pitfalls. First, some have sug programs assigned to ADAMHA is due the early stages of these disciplines, gested that while NIH has developed a to expire this year, and Senator HATCH when such a separation was warranted, formidable reputation for sponsoring and I view this reauthorization process but recent breakthroughs in under quality biomedical research, it has less as an opportunity to reexamine standing the nature and origin of men experience in the behavioral sciences ADAMHA's structure. In this effort, we tal and addictive disorders confirm that anchor the research portfolios of have worked closely with the Secretary that the ADAMHA institutes deserve a NIAAA, NIDA, and NIMH. We have of Health and Human Services, Dr. place in the NIH. sought to address this concern in the Louis Sullivan, and other administra The current structure has also per bill by providing that the peer review tion officials responsible for mental petuated an unnecessary stigma. This processes currently utilitized by the health and substance abuse issues. country has been slow to recognize three ADAMHA institutes are to be We have sought to determine if the mental illness and substance abuse as transferred with the institutes to NIH. dual mission that Congress has haxr diseases, but scientists have confirmed We do not expect or intend that there hazardly assigned to ADAMHA is fea that they are. Yet we remain too quick ceptivity of the institutes to behav sible. We have examined whether it is to react unsympathetically when con ioral research will be adversely af useful to ask a single agency to re fronted with a mentally ill individual fected by reorganization. search the causes and the cures of a or a substance abuser. These illnesses Similarly, the statutory authority to disease at the same time that it pro often result in antisocial behavior, but conduct services research, most of vides services to those suffering from instead of offering treatment opportu which would be characterized as behav the disease. We have compared the role nities, we place undue reliance on the ioral research, is to be transferred with of ADAMHA with the role of the Na civil commitment and criminal justice the research institutes. There are, how tional Institutes of Health [NIH], the systems to remove the offensive condi ever, existing ADAMHA programs entity within HHS responsible for all tion from our midst, however tempo which have been labeled as services re other fields of health research. rarily. search but which have come to be re- June 17, 1991 CONGRESSIONAL RECORD-SENATE 14995 lied on by the field as services. These framework for even greater advances in "Sec. 4861. National mental health and sub grant programs will remain in both research and services. stance abuse education pro ADAMHSA. I ask unanimous consent that the grams. text of the bill be printed at this point "Sec. 486J. National substance abuse re Finally, while the research institutes search centers. are leaving ADAMHA, we recognize in the RECORD. "Sec. 486K. Medication development pro that it would be unwise to create a There being no objection, the bill was gram. services agency that spent money with ordered to be printed in the RECORD, as follows: out the authority to help determine Subtitle B-Miscellaneous Alcohol and Drug which types of services work, and s. 1306 Abuse Provisions which work best. Our bill addresses Be it enacted by the Senate and House of Rep Sec. 111. Miscellaneous alcohol and drug this concern in two ways. First, resentatives of the United States of America in abuse provisions. Congress assembled, ADAMHSA will have an independent "PART C-MISCELLANEOUS PROVISIONS RE obligation to evaluate the programs it SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.-This Act may be cited as LATING TO SUBSTANCE ABUSE AND MENTAL funds. Second, there will still be sub the "Alcohol, Drug Abuse, and Mental HEALTH stantial opportunities for collaboration Health Administration Reorganization Act "Sec. 541. Technical assistance to state and between the research institutes and the of 1991". local agencies. Services Administration. Indeed, tech (b) TABLE OF CONTENTS.-The table of con "Sec. 542. Substance abuse among govern nology transfer may flourish more tents is as follows: ment and other employees. under reorganization than in the com Sec. 1. Short title; table of contents. "Sec. 543. Admission of substance abusers to petitive climate of ADAMHA. Sec. 2. References. private and public hospitals and outpatient facilities. Reorganization is the most visible as TITLE I-ADMINISTRATION AND INSTITUTES "Sec. 544. Confidentiality of records. pect of this legislation, but the bill has "Sec. 545. Data collection. other important goals as well. The bill Subtitle A-Restructuring "Sec. 546. Research on public health emer incorporates the Biden-Kennedy Sec. 101. Restructuring. gencies. Pharmacotherapy Development Act, "PART A-ALCOHOL, DRUG ABUSE AND Subtitle C-Transfer Provisions introduced as title Ill of S. 2649, a bill MENTAL HEALTH SERVICES ADMINISTRATION Sec. 121. Transfers. from the lOlst Congress that did not "Subpart !-Establishment and General Sec. 122. Delegation and assignment. become law. Senator BIDEN and I are Duties Sec. 123. Transfer and allocations of appro- proposing the creation of a medication "Sec. 501. Alcohol, Drug Abuse and Mental priations and personnel. development division within NIDA Health Services Administra Sec. 124. Incidental transfers. with broad authority to promote the tion. Sec. 125. Effect on personnel. "Sec. 502. General duties and activities with Sec. 126. Savings provisions. development of antiaddiction medica respect to substance abuse and Sec. 127. Separability. tions, supported by a multiyear au mental health. Sec. 128. Transition. thorization of appropriations. "Subpart 2-Substance Abuse Prevention Sec. 129. References. The bill makes significant changes in and Treatment Programs and Mental SubtitleD-Conforming Amendments the Alcohol, Drug Abuse, and Mental Health Services Sec. 131. Conforming amendments. Health Block Grant Program, which "Sec. 505. Substance abuse prevention and Sec. 132. Additional conforming amend will be administered by the new Serv treatment projects for high risk ments. ices Administration. Most notably, the youth. Subtitle E-Miscellaneous provisions legislation revises the formula by "Sec. 506. Projects for reducing the inci dence of substance abuse among Sec. 141. Alternative sources of funding for which funds appropriated under the pregnant and postpartum certain grantees. block grant are apportioned among the women. Sec. 142. Peer review. States. Rural and smaller States have "Sec. 507. Projects of national significance. TITLE II-REAUTHORIZATION AND IM persuasively argued that the current "Sec. 508. Grants for substance abuse treat PROVEMENT OF ALCOHOL AND DRUG formula overstates the extent to which ment in state and local crimi ABUSE AND MENTAL HEALTH SERVICE substance abuse and mental illness are nal justice systems. BLOCK GRANT PROGRAM urban phenomena. The new formula, "Sec. 509. Treatment and prevention train Sec. 201. Reauthorization of block grant. similar to the formula in S. 2649 that ing grants. Sec. 202. Revision of block grant formula. "Sec. 510. Substance abuse treatment capac- Sec. 203. Use of unobligated funds by States. was endorsed unanimously by the ity expansion program. Labor Committee, redresses the imbal Sec. 204. Revision of intravenous drug set- "Sec. 511. Other services programs. aside. ance between urban and rural inter "Sec. 512. Community partnership grants. Sec. 205. Use of allotments. ests, but does so in a manner that will "Sec. 513. Establishment of grant program for demonstration projects. Sec. 206. Maintenance of effort. not cause an undue disruption of serv Sec. 207. Requirement of statewide sub ices in urban States. I am pleased that "Subpart 3-Administrative Provisions stance abuse treatment plans. Senators HARKIN and HOLLINGs--two of "Sec. 515. Advisory councils. Sec. 208. Technical amendment. the strongest advocates for a formula "Sec. 516. Peer review for service gra;nts. TITLE ill-STUDIES "Sec. 517. Applications. change-have indicated their support "Sec. 518. Procedures for misconduct. Sec. 301. Study on private sector develop for the new formula I am proposing in "Sec. 519. Experts and consultants. ment of pharmacotherapeutics. this bill. "Sec. 520. Office for special populations. Sec. 302. Study on medications review proc The bill also includes several im ess reform. Sec. 102. National Institutes. Sec. 303. Sense of Congress. provements in the block grant program Sec. 304. Report by the Institute on Medi proposed by the Office of National Drug "Subpart IV-National Institutes on Alcohol cine. Control Policy. There will be improved Abuse and Alcoholism, on Drug Abuse and Sec. 305. Definition of serious mental ill accountability as a result of the State of Men tal Health ness. wide Prevention and Treatment Plan "CHAPTER I-ESTABLISHMENT AND GENERAL Sec. 306. Provision of mental health services initiative. Also, the maintenance of ef DUTIES to individuals in correctional fort requirement in current law will be "Sec. 486A. National Institute on Alcohol facilities. strengthened through greater specific Abuse and Alcoholism. SEC. 2. REFERENCES. ity. "Sec. 486B. National Institute on Drug Except as otherwise provided, whenever in Abuse. this Act an amendment or repeal is ex Our ability to treat, prevent and un "Sec. 486C. National Institute of Mental pressed in terms of an amendment to, or re derstand mental illness and substance Health. peal of, a section or other provision, the ref abuse has grown significantly in recent "CHAPTER 2-RESEARCH PROGRAMS erence shall be considered to be made to a years. I am confident that the bill we "Sec. 486H. Mental health and substance section or other provision of the Public are introducing today will establish a abuse research. Health Service Act (42 U.S.C. 201 et seq.). 14996 CONGRESSIONAL RECORD-SENATE June 17, 1991 TITLE I-ADMINISTRATION AND "(5) conduct training, technical assistance, "Subpart 2-Substance Abuse Prevention INSTITUI'ES data collection, and evaluation activities and Treatment Programs and Mental Subtitle A-Restructuring with respect to programs that provide treat Health Services SEC. 101. RESTRUCI'VRING. ment and prevention services; "SEC. 1505. SUBSTANCE ABUSE PREVENTION AND Title V (42 U.S.C. 290aa et seq.) is amend "(6) collaborate with the Directors of the TREATMENT PROJECTS FOR mGH ed- National Institute on Alcohol Abuse and Al RISK YOUTH. (1) by redesignating parts C through E as coholism, the National Institute on Drug "(a) AUTHORITY.-The Secretary, acting parts B through D, respectively; and Abuse and the National Institute of Mental through the Administrator, shall make (2) by striking out parts A and B and in Health to promote the study of the outcomes grants to public and nonprofit private enti serting in lieu thereof the following new of treatment and prevention services in ties for projects to prevent and treat sub part: order to identify the manner in which such stance abuse among high risk youth. "PART A-ALCOHOL, DRUG ABUSE AND services can most effectively be provided; "(b) PRIORITY.- MENTAL HEALTH SERVICES ADMINISTRATION "(7) collaborate with the Directors of the "(1) CHILDREN.-ln making grants for sub stance abuse prevention projects under this "Subpart !-Establishment and General National Institute on Alcohol Abuse and Al section, the Secretary shall give priority to Duties coholism, the National Institute on Drug applications for projects directed at children "SEC. 501. ALCOHOL, DRUG ABUSE AND MENTAL Abuse and the National Institute of Mental of substance abusers, latchkey children, chil HEALTH SERVICES ADMINISTRA· Health to promote the dissemination and im dren at risk of abuse or neglect, preschool TION. plementation of research findings that will children eligible for services under the Head "(a) ESTABLISHMENT.-There is hereby es improve the delivery and effectiveness of tablished, as an agency of the Service, the Start Act, children at risk of dropping out of treatment and prevention services; school, children at risk of becoming adoles Alcohol, Drug Abuse and Mental Health "(8) encourage the adoption of employee Services Administration. cent parents, and children who do not attend ''(b) ADMINISTRATOR, DEPUTY ADMINISTRA assistance programs and student assistance school and who are at risk of being unem TORS AND OTHER ENTITIES.- programs; ployed. "(!) ADMINISTRATOR.-The Alcohol, Drug "(9) in consultation with the States, carry "(2) PROJECTS ADDRESSING CERTAIN RELA Abuse and Mental Health Services Adminis out activities to educate communities on the TIONSHIPS.-ln making grants for substance tration shall be headed by an Administrator need for providing treatment and prevention abuse treatment projects under this section, (hereinafter in this title referred to as the services within such communities; the Secretary shall give priority to projects 'Administrator') who shall be appointed by "(10) encourage public and private entities which address the relationship between sub the President by and with the advice and that provide health insurance to provide ben stance abuse and physical child abuse, sexual consent of the Senate. efits for treatment and prevention services; child abuse, emotional child abuse, dropping "(2) ASSOCIATE ADMINISTRATORS FOR SUB "(11) promote the increased integration of out of school, unemployment, delinquency, STANCE ABUSE AND FOR MENTAL HEALTH.-The treatment and prevention services into the pregnancy, violence, suicide, or mental Administrator with the approval of the Sec health problems. mainstream of the heath care system of the "(3) COMMUNITY BASED ORGANIZATIONB.-ln retary, shall appoint an Associate Adminis United States; trator for Substance Abuse and an Associate making grants under this section, the Sec "(12) establish a clearinghouse for sub retary shall give priority to applications Administrator for Mental Health and may stance abuse and mental health information employ and prescribe the functions of such from community based organizations for to assure the widespread dissemination of projects with comprehensive coordinated other officers and employees, including at such information to States, political subdivi torneys, as are necessary to administer the services for the prevention or treatment of activities to be carried out through the Ad sions, educational agencies and institutions, substance abuse by high risk youth that may ministration. treatment and prevention service providers, be replicated. "(3) OTHER ENTITIES.-The Administrator and the general public; "(c) APPLICATION.-In order to receive a with the approval of the Secretary, may es "(13) carry out the provisions of the Pro grant for a project under this section for a tablish and prescribe the functions of such tection and Advocacy of Mentally Dl Individ fiscal year, a public or nonprofit private en offices and entities within the Administra uals Act (42 U.S.C. 10801 et seq.); tity shall submit an application to the Sec tion as are necessary to administer the ac "(14) administer the block grant program retary. tivities to be carried out through the Admin authorized in section 1911, and the programs "(d) HIGH RISK YOUTH.-For purposes of istration, including the establishment of an authorized in sections 1916B and 1924; and this section, the term 'high risk youth' Office for Substance Abuse Prevention, an "(15) carry out the programs established in means an individual who has not attained Office for Treatment Improvement and an sections 505 to 510C, and the program estab the age of 21 years, who is at high risk of be Office for Mental Health Services. lished in part D, and in administering such coming, or who has become, a substance "(c) OTHER SERVICES.-The Administrator programs, assure that- abuser, and who- may accept voluntary and uncompensated "(A) all grants that are awarded for the "(1) is identified as a child of a substance services. abuser; provision of services are subject to perform "(2) is a victim of physical, sexual, or psy- "SEC. 502. GENERAL DUTIES AND ACI'IVITIES ance and outcome evaluation studies; and ~TH RESPECT TO SUBSTANCE chological abuse; ABUSE AND MENTAL HEALTH. "(B) all grants awarded to entities other "(3) has dropped out of school; "(a) DEFINITION.-For purposes of this sec than States are awarded only after consulta "(4) has become pregnant; tion, the term 'treatment and prevention tion with the appropriate State agency. "(5) is economically disadvantaged; services' means services that are designed to "(c) GRANTS AND CONTRACTS.-The Admin "(6) has committed a violent or delinquent treat and prevent substance abuse and men istrator may make grants and enter into act; tal illness, and to promote mental health. contracts and cooperative agreements in car "(7) has experienced mental health prob "(b) DUTIES.-The Administrator shall rying out the activities described in sub lems; "(1) engage in activities that will support section (b). "(8) has attempted suicide; the provision of, and encourage others to "(9) has experienced long-term physical provide, treatment and prevention services; "(d) APPLICATIONS.-Applications for pain due to injury; or "(2) sponsor regional workshops on sub- grants under this part shall be in such form, "(10) has experienced chronic failure in stance abuse, mental illness, and treatment shall contain such information, and shall be school. and prevention services; submitted at such time as the Secretary may "(e) AUTHORIZATION OF APPROPRIATIONB. "(3) in collaboration with the Directors of prescribe. There are authorized to be appropriated to the National Institute on Alcohol Abuse and "(e) EQUITABLE DISTRIBUTION.-To the ex carry out this section, $75,000,000 for fiscal Alcoholism, the National Institute on Drug tent feasible, the Secretary in awarding year 1992, and such sums as may be necessary Abuse and the National Institute of Mental grants under this part, shall award such for each of the fiscal years 1993 and 1994. Health, develop and disseminate publica grants in all regions of the United States, "SEC. 506. PROJECTS FOR REDUCING THE INCI· tions, documentary films and public service and shall ensure the distribution of grants DENCE OF SUBSTANCE ABUSE announcements on substance abuse, mental under this part among urban and rural areas. AMONG PREGNANT AND illness, and treatment and prevention serv POS1PARTUM WOMEN. ices; "(f) AUTHORIZATION OF APPROPRIATIONS. "(a) GRANTS.-The Secretary, acting "(4) in cooperation with the Director of the For the purpose of carrying out this section, through the Administrator, shall make Centers for Disease Control, develop edu there are authorized to be appropriated grants to public and nonprofit private enti cational materials to reduce the risks of ac $150,000,000 for fiscal year 1992 and such sums ties for the purpose of carrying out projects quired immune deficiency syndrome among as may be necessary for each of the fiscal to provide to pregnant and postpartum intravenous drug abusers; years 1993 and 1994. women and their children prevention, edu- June 17, 1991 CONGRESSIONAL RECORD-SENATE 14997 cation, and treatment services regarding plicant has entered into a participation "(A) to provide inpatient services, except substance abuse. agreement under the State plan and is quali with respect to residential treatment for al "(b) PRIORITY.- fied to receive payments under such plan; or cohol and drug abuse provided in settings "(1) IN GENERAL.-In making grants under - "(B) the applicant for the grant has en other than hospitals; subsection (a), the Secretary shall give pri tered into a contract with an entity under "(B) to make cash payments to intended ority to any qualified applicant that agrees which the entity will provide the health recipients of services under the program in to provide treatment services. service, and the entity has entered into such volved; "(2) FURTHER PRIORITY.- a participation agreement and is qualified to "(C) to purchase or improve real property "(A) NUMBER OF SERVICES PROVIDED.-ln receive such payments. (other than minor remodeling of existing im the case of any applicant for a grant under "(2) WAIVER REGARDING PARTICIPATION provements to real property) or to purchase subsection (a) that is receiving priority AGREEMENTS.- major medical equipment; or under paragraph (1), the Administrator shall "(A) NO CHARGE OR REIMBURSEMENT.-ln "(D) to satisfy any requirement for the ex give further priority to the applicant com the case of an entity making an agreement penditure of non-Federal funds as a condi mensurate with the number of different serv under paragraph (1)(B) regarding the provi tion for the receipt of Federal funds. ices described in subparagraph (B) that will sion of health services under subsection (a), "(2) WAIVER.-If the Administrator finds be provided through the applicant and com the requirement established in such para that the purpose of the program involved mensurate with the quality of such services. graph regarding a participation agreement cannot otherwise be carried out, the Director For purposes of the preceding sentence, such shall be waived by the Secretary if the orga may, with respect to an otherwise qualified services may be provided directly by the ap nization does not, in providing health serv grantee, waive the restriction established in plicant or through arrangements with other ices, impose a charge or accept reimburse paragraph (1)(C). public or nonprofit private entities. ment available from any third-party payor, "(h) PAYMENTS.-The period during which "(B) SERVICES.-The services referred to in including reimbursement under any insur payments are made by the Administrator subparagraph (A) ar~ ance policy or under any Federal or State under a grant under subsection (a) may not "(i) outreach services in the community health benefits program. exceed 5 years, but the Administrator may involved to identify women who are abusing "(B) DETERMINATION.-A determination by renew the grant. Such payments shall be alcohol or drugs and to encourage such the Secretary of whether an entity referred subject to annual approval by the Secretary women to undergo treatment for such abuse; to in subparagraph (A) meets the criteria for and to the availability of appropriations for "(11) primary health care, including pre a waiver under such subparagraph shall be the fiscal year involved to make the pay natal and postpartum health care for women made without regard to whether the organi ments. who are undergoing treatment for such zation accepts voluntary donations regard "(i) COLLABORATION WITH OTHER FEDERAL abuse; ing the provision of services to the public. AGENCIES AND WITH STATES.-The Adminis "(111) for the children of such women, pedi "(e) IMPOSITION OF CHARGES.-The Admin trator shall collaborate with all other rel atric health care and comprehensive social istrator may not make a grant under sub evant Federal agencies on issues relating to services; section (a) unless the applicant for the grant maternal substance abuse, including the Bu "(iv) child care, transportation, and other agrees that, if a charge is imposed for the reaus of Maternal and Child Health and support services regarding such treatment, provision of services or activities under the Health Resources Development, the Indian including, as appropriate, visits to the home grant, such charge--- Health Service, the Bureau of Health Care of such women; "(1) will be made according to a schedule Delivery and Assistance, and the Adminis "(v) as appropriate, referrals to facilities of charges that is made available to the pub tration for Children and Families. Such col for necessary hospital services; lic; laboration may be accomplished through the "(vi) employment counseling; "(2) will be adjusted to reflect the income establishment of interagency task forces, as "(vii) counseling on parenting skills and and resources of the woman involved; and appropriate. The Administration shall col nutrition; •'(3) will not be imposed on any woman laborate with the States to ensure that "(viii) appropriate follow-up services to as with an income of less than 100 percent of grants awarded under this section are coordi sist in preventing relapses; the official poverty line, as established by nated with other treatment efforts under "(ix) case management services, including the Director of the Office of Management taken within each State. assistance in establishing eligibility for as and Budget and revised by the Secretary in "(j) NONDISCRIMINATION.-The Secretary sistance under Federal, State, and local pro accordance with section 673(2) of the Omni may not, in the awarding of grants under grams providing health services, mental bus Budget Reconciliation Act of 1981 (42 subsection (a), discriminate against appli health services, or social services; u.s.c. 9902(2)). cants that propose or provide residential or "(x) reasonable efforts to preserve and sup "(f) REQUIREMENT OF NON-FEDERAL CON outpatient treatment to substance abusing port the family unit, including promoting TRIBUTIONS.- pregnant and postpartum women that re the appropriate involvement of parents and "(1) IN GENERAL.-The Administrator may ceive treatment by order of a court or other others, and counseling the children of women not make a grant under subsection (a) unless appropriate public agency, subject to the receiving services pursuant to this sub the applicant for the grant agrees, with re availability of qualified applicants. section; and spect to the costs to be incurred by the ap "(k) ANNUAL REPORTS.-The Administrator "(xi) housing in the course of treatment plicant in carrying out the purpose described may not make a grant under subsection (a) under circumstances that permit the chil in such subsection, to make available (di unless the applicant for the grant agrees- dren of the women to reside with their moth rectly or through donations from public or "(1) to include in the report the number of ers. private entities) non-Federal contributions women served, the number of children "(c) ACCESSIBILITY AND LANGUAGE CON toward such costs in an amount equal to not served, the utilization rates, and the type TEXT.-The Administrator may not make a less than- and costs of services provided; and grant under subsection (a) unless tb.e appli "(A) $1 for each $9 of Federal funds pro "(3) to include in the report such other in cant for the grant agrees that the services vided for the first year of payments under formation as the Secretary determines to be provided pursuant to subsection (a)- the grant; and appropriate; and "(1) will be provided at locations accessible "(B) $1 for each $3 of Federal funds pro "(4) to prepare the report in such form, and to low-income pregnant and postpartum vided in any subsequent year of such pay to submit the report in such manner, as the women; and ments. Secretary determines to be necessary. "(2) will be provided in the language and "(2) TYPE OF CONTRIBUTION.-Non-Federal "(1) REPORT.-Not later than October 1, the cultural context that is most appro contributions required in paragraph (1) may 1992 and every 2 years thereafter, the Admin priate. be in cash or in kind, fairly evaluated, in istrator shall submit to the appropriate com "(d) HEALTH SERVICE COVERED BY STATE cluding plant, equipment, or services. mittees of Congress a report describing pro PLAN UNDER TITLE XIX OF THE SOCIAL SECU Amounts provided by the Federal Govern grams carried out pursuant to this section. RITY ACT.- ment, or services assisted or subsidized to "(m) AUTHORIZATION OF APPROPRIATIONS. "(1) REQUIREMENT.-Subject to paragraph any significant extent by the Federal Gov There are authorized to be appropriated to (2), the Administrator may not make a grant ernment, may not be included in determin carry out this section, $75,000,000 for fiscal under subsection (a) unless, in the case of ing the amount of such non-Federal con year 1992, and such sums as may be necessary any health service under subsection (b)(2)(B) tributions. for each of the fiscal years 1993 and 1994. that is covered by the State plan approved "(g) LIMITATIONS AND WAIVER.- "SEC. 1507. PROJECTS OF NATIONAL SIGNIFI· under title XIX of the Social Security Act "(1) LIMITATIONS.-The Administrator may CANCE. (42 U.S.C. 1396 et seq.) for the State in which not, except as provided in paragraph (2), "(a) GRANTS FOR TREATMENT lMPROVE the service will be provided- make a grant under subsection (a) unless the MENT.-The Administrator shall award "(A) the applicant for the grant will pro applicant for the grant agrees that the grant grants to public and nonprofit private enti vide the health service directly, and the ap- will not be expended- ties for the purpose of establishing projects 14998 CONGRESSIONAL RECORD-SENATE June 17, 1991 that will improve the provision of substance "(1) a continuum of offender management within a State, and any other criteria that abuse treatment services. services as individuals enter, proceed the Secretary determines are appropriate. "(b) NATURE OF PROJECTS.-Grants under through, and leave the criminal justice sys "(3) PRIORITY.-ln awarding grants under subsection (a) may be awarded for- tem, including identification and assess this section, the Secretary shall develop cri "(1) projects that focus on providing treat ment, drug and alcohol treatment, pre-re teria to assess the extent to which States are ment to adolescents, minorities, female ad lease counseling and pre-release referrals ut111zing non-Federal funds to expand treat dicts and their children, the residents of pub with respect to housing, employment and ment capacity, and shall give priority to lic housing projects, or substance abusers in treatment; such States commensurate with the per cap rural areas; . "(2) comprehensive treatment services for t ta expend! ture of such funds. "(2) projects that provide substance abuse juvenile offenders; "(4) IMPROVEMENTS TO PROPERTY.--Grants treatment and vocational training in t ::. · "(3) comprehensive treatment services for awarded under this section may not be used change for public service; female offenders, including related services to purchase real property but may be used to "(3) projects that provide treatment serv such as violence counseling, parenting and renovate or improve property to make such ices and which are operated by public and child development classes, and perinatal property suitable for use as a treatment fa nonprofit private entities receiving grants care; cility. under section 329, 330 or 340; "(4) outreach services to identify individ "(5) SUPPLEMENTATION OF FUNDING. "(4) 'treatment campus' projects that uals under criminal justice supervision who Projects funded under paragraph (1) shall "(A) serve a significant number of individ would benefit from substance abuse treat supplement, not supplant, existing or uals simultaneously; ment and to encourage such individuals to planned substance abuse treatment services "(B) provide residential, non-community seek treatment; or in a State. based drug treatment; "(5) treatment services that function as an "(b) AUTHORIZATION OF APPROPRIATIONS. "(C) provide patients with ancillary social alternative to incarceration for appropriate "(!) IN GENERAL.-There are authorized to services and referrals to community-based categories of offenders or that otherwise en be appropriated to carry out this section aftercare; and able individuals to remain under criminal $100,000,000 for the fiscal year 1992, and such "(D) provide services on a voluntary basis; justice supervision in the least restrictive sums as may be necessary for each of the fis or setting consistent with public safety. cal years 1993 and 1994. "(5) projects to determine the long-term "(d) AUTHORIZATION OF APPROPRIATIONS. "(2) AVAILABILITY.-Funds appropriated in efficacy of the projects described in this sec There are authorized to be appropriated to accordance with paragraph (1) shall remain tion. carry out this section, $50,000,000 for fiscal available until expended. "(c) PREFERENCES IN MAKING GRANTS.-ln year 1992, and such sums as may be necessary "SEC. 511. OTHER SERVICES PROGRAMS. awarding grants under subsection (a), the in each of the fiscal years 1993 and 1994. Administrator shall give preference to "(a) AIDS OUTREACH GRANTS.-The Sec "SEC. 509. TREATMENT AND PREVEN'I10N TRAIN· retary, acting through the Administrator, projects that-- lNG GRANTS. may make grants to, or enter into contracts "(1) demonstrate a comprehensive ap "(a) IN GENERAL.-The Secretary, acting with, public and nonprofit private entities to proach to the problems associated with sub through the Administrator, shall develop support projects to carry out outreach ac stance abuse and provide evidence of broad programs to increase the number of full-time tivities to intravenous drug abusers with re community involvement and support; or substance abuse treatment and prevention spect to preventing exposure to, and the "(2) initiate and expand programs for the providers and the number of health profes transmission of, the etiologic agent for ac provision of treatment services (including sionals providing treatment and prevention quired immune deficiency syndrome and en renovation of fac111ties, but not construc services as a component of primary health couraging intravenous drug abusers to seek tion) in localities in which, and among popu care. Such programs shall include the award treatment for such abuse. lations for which, there is a public health ing of grants to appropriate public and non "(b) GRANTS FOR THE BENEFIT OF HOMELESS crisis as a result of the inadequate availabil profit private entities, including agencies of INDIVIDUALS.-The Secretary, acting through ity of such services and a substantial rate of State and local governments, hospitals, the Administrator, may make grants to, and substance abuse. "(d) DURATION OF GRANTS.-Projects fund schools of medicine, schools of osteopathic enter into contracts and cooperative agree ed under subsection (a) shall be for a period medicine, schools of nursing, schools of pub ments with, community-based public and of at least 3 years, but in no event to exceed lic health, schools of chiropractic services, private nonprofit entities for the purpose of 5 years, and may be renewed after competi schools of social work, and graduate pro:. developing and expanding mental health and tive application. grams in clinical psychology. substance abuse treatment services for "(e) AUTHORIZATION OF APPROPRIATIONS. "(b) USE OF AMOUNTS.-Amounts awarded homeless individuals. In carrying out this There are authorized to be appropriated to under subsection (a) shall be. utilized to subsection, the Administrator shall consult carry out this section, $50,000,000 for fiscal "(1) train individuals in the diagnosis, with the Directors of the National Institute year 1992, and such sums as may be necessary treatment and prevention of substance on Alcohol Abuse and Alcoholism, the Na in each of the fiscal years 1993 and 1994. abuse; and tional Institute on Drug Abuse and the Na "SEC. 108. GRANTS FOR SUBSTANCE ABUSE "(2) to develop appropriate curricula and tional Institute of Mental Health. TREATMENT IN STATE AND LOCAL materials for the training described in para "(c) TERM OF GRANT.-No entity may re CRIMINAL JUSTICE SYSTEMS. graph (1); ceive grants under subsection (a) or (b) for "(a) IN GENERAL.-The Secretary, acting "(c) PRIORITY.-In awarding grants under more than 5 years. through the Administrator, shall establish a subsection (a), the Administrator shall give "(d) AUTHORIZATION OF APPROPRIATIONS. program to provide grants to public and non priority to applicants that train full-time There are authorized to be appropriated to profit private entities that provide drug and substance abuse treatment providers. carry out this section, $150,000,000 for fiscal alcohol treatment services to individuals "(d) AUTHORIZATION OF APPROPRIATIONS. year 1992, and such sums as may be necessary under criminal justice supervision. There are authorized to be appropriated to in each of the fiscal years 1993 and 1994. "(b) ELIGIBILITY.-In awarding grants carry out this section, $50,000,000 for fiscal "SEC. 512. COMMUNITY PARTNERSHIP GRANTS. under subsection (a), the Administrator shall year 1992, and such sums as may be necessary "(a) GRANTS.-The Secretary, acting ensure that the grants are reasonably dis in each of the fiscal years 1993 and 1994. through the Administrator, may make tributed among- "SEC. 510. SUBSTANCE ABUSE TREATMENT CA· grants to communities- "(1) projects that provide treatment serv PACITY EXPANSION PROGRAM. "(!) for the development of comprehensive ices to individuals who are incarcerated in "(a) CAPACITY ExPANSION PROJECTS.- long-term strategies for the prevention of prisons, jails, or community correctional "(!) ESTABLISHMENT.-The Secretary, act substance abuse; and settings; and ing through the Administrator, shall award "(2) to evaluate the success of different "(2) projects that provide treatment serv grants to States for the purpose of assisting community approaches towards the preven ices to individuals who are not incarcerated, such States to expand their substance abuse tion of substance abuse. but who are under criminal justice super treatment capacity. "(b) APPLICATION.-To be eligible to re vision because of their status as pretrial "(2) STATE ELIGIBILITY.-The Secretary ceive a grant under this section, a commu releasees, post-trial releasees, probationers, shall award grants under paragraph (1) to nity shall prepare and submit to the Sec parolees, or supervised releasees. States in which the demand for substance retary an application at such time, in such "(c) PRIORITY.-In awarding grants under abuse treatment services exceeds the capac manner and containing such information as subsection (a), the Administrator shall give tty of entities operating in those States to the Secretary may require. priority to programs commensurate with the provide such services. In making such deter: "(c) AUTHORIZATION OF APPROPRIATIONS. extent to which such programs provide, di mination concerning demand, the Secretary There are authorized to be appropriated to rectly or in conjunction with other public or shall consider indicators of capacity short carry out this section, $130,000,000 for fiscal private nonprofit entities, one or more of the age, such as a high prevalence of substance year 1992, and such sums as may be necessary following- abuse, waiting lists at treatment fac111t1es in each of the fiscal years 1993 and 1994. June 17, 1991 CONGRESSIONAL RECORD-SENATE 14999 "SEC. ISIS. ESTABLISHMENT OF GRANT PROGRAM "(e) AUTHORIZATIONS OF APPROPRIATIONS. shall be 4 years, except that any member ap FOR DEMONSTRATION PROJECTS. "(1) IN GENERAL.-For the purposes of car pointed to fill a vacancy for an unexpired "(a) SERIOUSLY MENTALLY lLL INDIVIDUALS, rying out this section, there are authorized term shall be appointed for the remainder of AND CHILDREN AND ADOLESCENTS WITH SERI to be appropriated $40,000,000 for fiscal year such term and the Secretary shall make ap OUS EMOTIONAL AND MENTAL DISTURBANCES.- 1992, and such sums as may be necessary for pointments to an advisory council in such "(!) IN GENERAL.-The Secretary, acting each of th~ fiscal years 1993 and 1994. manner as to ensure that the terms of the through the Administrator, may make "(2) RURAL AREAS.-Of the amounts appro members do not all expire in the same year. grants to States, political subdivisions of priated pursuant to paragraph (1), the Sec A member may serve after the expiration of States, and nonprofit private agencies for- retary shall make available 15 · percent for the member's term until a successor has "(A) mental health services demonstration demonstration projects to carry out the pur taken office. projects for the planning, coordination and pose of this section in rural areas. "(2) REAPPOINTMENTS.-A member who has improvement of community services (includ "Subpart 3--Administrative Provisions been appointed for a term of 4 years may not ing outreach and consumer-run self-help "SEC. lSllS. ADVISORY COUNCU.. be reappointed to an advisory council before services) for seriously mentally ill individ "(a) APPOINTMENT.- 2 years from the date of expiration of such uals and their families, seriously emotion "(!) IN GENERAL.-The Secretary acting term of office. ally and mentally disturbed children and through the Administrator, shall appoint "(3) V ACANCIES.-If a vacancy occurs on an youth and their families, and seriously men one or more advisory councils for the Alco advisory council among the appointed mem tally ill homeless and elderly individuals; hol, Drug Abuse and Mental Health Services bers, the Secretary shall make an appoint "(B) demonstration projects for the pre ment to fill the vacancy within 90 days from vention of youth suicide; Administration (hereinafter referred to in this part as the 'Administration'). Such an the date the vacancy occurs. "(C) demonstration projects for the im "(d) CHAIRPERSON.-The chairperson of an provement of the recognition, assessment, advisory council shall advise, consult with, and make recommendations to the Adminis advisory council shall be selected by the Sec·· treatment and clinical management of de retary from among the members. The term pressive disorders; trator concerning matters relating to the ac tivities carried out by and through the Ad of office of chairperson shall be 2 years. "(D) demonstration projects for programs "(e) MEETINGS.-An advisory council shall to prevent the occurrence of sex offenses, ministration and the policies respecting such activities. meet at the call of the chairperson or upon and for the provision of treatment and psy the request of the Administrator but at least chological assistance to the victims of sex "(2) DUTIEs.-An advisory council ap pointed under paragraph (1}- 3 times each fiscal year. The location of the offenses; and meetings of an advisory council shall be sub "(E) demonstration projects for programs "(A)(i) shall review applications for grants and cooperative agreements for services or ject to the approval of the Administrator. to provide mental health services to victims "(0 ADMINISTRATION.-The Administrator of family violence. training and for which advisory council ap proval is required under section 516(c)(2), and shall designate a member of the staff of the "(2) MENTAL HEALTH SERVICES.-Mental Administration to serve as the Executive health services provided under paragraph recommend for approval applications for projects which show promise of improving secretary of an advisory council. The Admin (l)(A) should encompass a range of delivery istrator shall make available to an advisory systems designed to permit individuals tore the provision of treatment and prevention services; and council such staff, information, and other as ceive treatment in the most therapeutically sistance as it may require to carry out its appropriate, least restrictive setting. Grants "(11) may review any grant, contract, or cooperative agreement proposed to be made functions, and shall provide orientation and shall be awarded under such paragraph for- training for new members of an advisory "(A) demonstration programs concerning or entered into by the Administration; and "(B) may appoint subcommittees and con council to provide them with such informa such services; and tion and training as may be appropriate for "(B) systems improvements to assist vene workshops and conferences. "(b) COMPOSITION.- their effective participation in the functions States and local entities to develop appro of an advisory council. priate comprehensive mental health systems "(1) IN GENERAL.-An advisory council ap "SEC. 616. PEER REVIEW FOR SERVICES GRANTS. for adults with serious long-term mental ill pointed under subsection (a) shall consist of ness and children and adolescents with seri nonvoting ex officio members and not more "(a) PROVISION.-The Secretary, after con ous emotional and mental disturbance. than 12 members appointed by the Secretary. sultation with the Administrator, shall by "(b) INDIVIDUALS AT RISK OF MENTAL ILL "(2) EX OFFICIO MEMBERS.-The ex officio regulation require appropriate peer review of NESS.- members of an advisory council shall consist services grants, cooperative agreements, and "(1) GRANTs.-The Secretary, acting of- contracts to be administered through the through the Administrator, may make "(A) the Secretary and the Administrator Administration. grants to States, political subdivisions of (or the designees of such officers); and "(b) MEMBERSHIP.-The members of any States, and private nonprofit agencies for "(B) such additional officers or employees peer review group established under such prevention services demonstration projects of the United States as the Secretary deter regulations shall be individuals who by vir for the provision of prevention services for mines necessary for the advisory council to tue of their training or experience are emi individuals who, in the determination of the effectively carry out its functions. nently qualified to perform the review func Secretary, are at risk of developing mental "(3) APPOINTMENT OF MEMBERS.-The mem tions of the group and not more than one illness. bers of an advisory council who are not ex fourth of the members of any peer review "(2) TYPES OF DEMONSTRATIONS.-Dem officio members shall be appointed as fol group established under such regulations onstration projects under paragraph (1) may lows: shall be officers or employees of the United include- "(A) Nine of the members shall be ap States. "(A) prevention services for populations at pointed by the Secretary from among the "(c) REQUIREMENTS BASED ON AMOUNTS. risk of developing mental illness, particu leading representatives of the fields of sub "(1) UNDER sso,ooo.-If the direct cost of a larly displaced workers, young children, and stance abuse and mental health treatment grant, cooperative agreement, or contract to adolescents; and prevention. be made does not exceed $50,000, the Sec "(B) the development and dissemination of "(B) Three of the members shall be ap retary may make such grant, cooperative education materials; pointed by the Secretary from the general agreement, or contract only ·u such grant, "(C) the sponsoring of local, regional, or public and shall include leaders in fields of cooperative agreement, or contract is rec national workshops or conferences; public policy, public relations, law, health ommended after technical and scientific peer "(D) the conducting of training programs policy, economics, and management. review required by regulations under sub with respect to the provision of mental "(4) COMPENSATION AND EXPENSES.-Mem sections (a) and (b). health services to individuals described in bers of an advisory council who are officers "(2) OVER sso,ooo.-If the direct cost of a paragraph (1); and or employees of the United States shall not grant, cooperative agreement, or contract "(E) the provision of technical assistance receive any compensation for service on an (described in subsection (a)) to be made ex to providers of such services. advisory council. The other members of an ceeds $50,000, the Secretary may make such "(c) LIMITATION ON DURATION OF GRANT. advisory council shall receive, for each day grant, cooperative agreement, or contract The Secretary may make a grant under sub (including travel time) they are engaged in only if such grant, cooperative agreement, or section (a) or (b) for not more than five con the performance of the functions of an advi contract is recommended- secutive one-year periods. sory council, compensation at rates not to "(A) after peer review required by regula "(d) LIMITATION ON ADMINISTRATIVE Ex exceed the daily equivalent of the annual tions under subsections (a) and (b); and PENSES.-The Secretary may not make a rate in effect for grade GS-18 of the General "(B) by the advisory council established grant under subsection (a) or (b) to an appli Schedule. under section 515. cant unless the applicant agrees that not "(c) TERM OF OFFICE.- "SEC.lS17. APPLICATIONS. more than 10 percent of such a grant will be "(1) IN GENERAL.-The term of office of an "Except as otherwise specifically provided, expended for administrative expenses. appointed member of an advisory council grants under this title may be made only to 15000 CONGRESSIONAL RECORD-SENATE June 17, 1991 public and nonprofit private entities that women, minority populations and the elderly "(2) COMPREHENSIVE PROGRAMS.-The Di prepare and submit to the administering en in the fields of substance abuse and mental rector of the Institute shall develop and con tity an application for such grant that-- health services. duct a comprehensive research program on "(1) with respect to carrying out the pur "(c) ANNUAL REPORT.-The Secretary shall the cause, diagnosis, epidemiology, preven pose for which the assistance is to be pro periodically report to the appropriate com tion and treatment of drug abuse, including vided, provides assurances of compliance sat mittees of Congress concerning the actions services research. The Director of the Insti isfactory to the Secretary; and taken by the Administrator under this sec tute shall carry out the administrative and "(2) is in such form, is made in such man tion.''. financial management, policy development ner, and contains such agreements, assur SEC. 102. NATIONAL INSTITUTES. and planning, evaluation, and public infor ances, and information as the Secretary de (a) NATIONAL INSTITUTES OF HEALTH.-Sec mation functions which are required for the termines to be necessary to carry out the tion 401(b)(1) (42 U.S.C. 281(b)(1)) is amended implementation of such programs and au purpose of the program under which the ap by adding at the end thereof the following thorities. plication is submitted. new subparagraphs: "(b) DIRECTOR.- "SEC. 118. PROCEDURES FOR MISCONDUCT. "(N) The National Institute on Alcohol "(1) IN GENERAL.-The Institute shall be "The Administrator shall establish a proc Abuse and Alcoholism. under the direction of a Director who shall ess for the prompt and appropriate response "(0) The National Institute on Drug Abuse. be appointed by the Secretary. to information regarding misconduct in con "(P) The National Institute of Mental "(2) EMPLOYEES.-The Director, with the nection with projects, to be administered by Health.". approval of the Secretary, may employ and the Administrator, for which funds have (b) 0RGANIZATION.-Part E of title IV (42 prescribe the functions of such officers and been made available under this title. Such U.S.C. 287 et seq.) is amended by adding at employees, including attorneys, as are nec process shall include procedures for the re the end thereof the following new subpart: essary to administer the programs and au ceiving of reports of such information from "Subpart IV-National Institutes on Alcohol thorities to be carried out through the Insti recipients of funds under this title and tak Abuse and Alcoholism, on Drug Abuse and tute, and may obtain the services of not ing appropriate action with respect to such of Men tal Health more than 10 expert consultants in accord misconduct and violations. "CHAPTER 1-ESTABLISHMENT AND ance with section 3109 of title 5, United "SEC. 119. EXPERTS AND CONSULTANTS. States Code. "(a) AUTHORITY TO 0BTAIN.-The Adminis GENERAL DUTIES "SEC. 486A. NATIONAL INSTITUTE ON ALCOHOL "(c) PARTICIPATION.-The programs Of the trator may obtain (in accordance with sec,. Institute shall be administered so as to en tion 3109 of title 5, United States Code, but ABUSE AND ALCOHOUSM. "(a) ESTABLISHMENT.- courage the broadest possible participation without regard to the limitation in such sec of professionals and paraprofessionals in the tion on the number of days or the period of "(1) IN GENERAL.-There is established within the National Institutes of Health the fields of medicine, science, the social service) the services of not more than 20 ex sciences, and other related disciplines. perts or consultants who have scientific or National Institute on Alcohol Abuse and Al coholism (hereafter in this section referred "(d) AUTHORIZATION OF APPROPRIATIONS. professional qualifications. Such experts and There are authorized to be appropriated to consultants shall be obtained for the Admin to as the 'Institute') to administer the pro grams and authorities relating to alcohol carry out this section, $400,000,000 for fiscal istration and each of the agencies of such. year 1992, and such sums as may be necessary "(b) COMPENSATION AND ExPENSES.- abuse and alcoholism assigned to the Direc "(1) IN GENERAL.-Experts and consultants tor of such Institute by this Act. in each of the fiscal years 1993 through 1996. whose services are obtained under subsection "(2) COMPREHENSIVE PROGRAMS.-The Di "SEC. 488C. NATIONAL INSTlTV'I'B OF MENTAL (a) shall be paid or reimbursed for their ex rector of the Institute shall develop and con HEALTH. penses associated with traveling to and from duct a comprehensive research program on "(a) ESTABLISHMENT.- their assignment location in accordance with the cause, diagnosis, epidemiology, preven "(1) IN GENERAL.-There is established sections 5724, 5724a(a)(1), 5724a(a)(3), and tion and treatment of alcohol abuse and al within the National Institutes of Health the 5726(c) of title 5, United States Code. coholism, including services research. The National Institute of Mental Health (herein "(2) AGREEMENTS.-Expenses specified in Director of the Institute shall carry out the after in this part referred to as the 'Insti paragraph (1) may not be allowed in connec administrative and financial management, tute') to administer the programs and au tion with the assignment of an expert or con policy development and planning, evalua thorities of the Director with respect to sultant whose services are obtained under tion, and public information functions which mental health. subsection (a), unless and until the expert or are required for the implementation of such "(2) COMPREHENSIVE PROGRAM.-The Direc consultant agrees in writing to complete the programs and authorities. tor of the Institute, shall develop and con entire period of assignment or one year, "(b) DIRECTOR.- duct a comprehensive research program on whichever is shorter, unless separated or re "(1) IN GENERAL.-The Institute shall be the cause, diagnosis, epidemiology, preven assigned for reasons beyond the control of under the direction of a Director who shall tion and treatment of mental illness, includ the expert or consultant that are acceptable be appointed by the Secretary. ing services research. The Director of the In to the Secretary. If the expert or consultant "(2) EMPLOYEES.-The Director, with the stitute shall carry out the administrative violates the agreement, the money spent by approval of the Secretary, may employ and and financial management, policy develop the United States for the expenses specified prescribe the functions of such officers and ment and planning, evaluation, and public in paragraph (1) is recoverable from the ex employees, including attorneys, as are nec information functions which are required for pert or consultant as a debt of the United essary to administer the programs to be car the implementation of such programs and States. The Secretary may waive in whole or ried out through the Institute, and may ob authorities. in part a right of recovery under this sub tain the services of not more than 10 expert "(3) PURPOSE.-The research program es paragraph. consultants in accordance with section 3109 tablished under paragraph (2) shall be de "SEC. UO. OFFICE FOR SPECIAL POPULATIONS. of title 5, United States Code. signed to further the treatment and preven ''(a) ESTABLISHMENT.-The Administrator "(c) PARTICIPATION.-The programs to be tion of mental illness, the promotion of men shall establish, within the Administration, carried out through the Institute shall be ad tal health, and the study or the psycho an Office for Special Populations. ministered so as to encourage the broadest logical, social and legal factors that influ "(b) DIRECTOR.- possible participation of professionals and ence behavior. "(1) DESIGNATION.-The Administrator paraprofessionals in the fields of medicine, "(b) DIRECTOR.- shall designate a Director for Special Popu science, the social sciences, and other relat "(1) IN GENERAL.-The Institute shall be lations for the Office established under sub ed disciplines. under the direction of a Director who shall section (a). "(d) AUTHORIZATION OF APPROPRIATIONS. be appointed by the Secretary. "(2) DUTIES.-The Secretary, acting There are authorized to be appropriated to "(2) EMPLOYEES.-The Director, with the through the Director for Special Populations carry out this section, $200,000,000 for fiscal approval of the Secretary, may employ and shall- year 1992, and such sums as may be necessary prescribe the functions of such officers and "(A) develop and coordinate policies and in each of the fiscal years 1993 through 1996. employees, including attorneys, as are nec programs to assure increased emphasis on "SEC. 4888. NATIONAL INSTITVTE ON DRUG essary to administer the programs and au the needs of women, minority populations ABUSE. thorities to be carried out through the Insti and the elderly with respect to substance "(a) ESTABLISHMENT.- tute, and may obtain the services of not abuse and mental health; "(1) IN GENERAL.-There is established more than 20 expert consultants in accord "(B) develop a plan to increase the provi within the National Institutes of Health the ance with section 3109 of title 5, United sion of treatment and prevention services to National Institute on Drug Abuse (herein States Code. women, minority populations and the elder after in this section referred to as the 'Insti "(c) PARTICIPATION.-The programs to be ly; and tute') to administer the programs and au carried out through the Institute shall be ad "(C) support and develop programs de thorities relating to drug abuse assigned to ministered so as to encourage the broadest signed to counteract discrimination against the Director of such Institute by this Act. possible participation of professionals and June 17, 1991 CONGRESSIONAL RECORD-SENATE 15001 paraprofessionals in the fields of medicine, of the Revised Statutes (31 U.S.C. 529; 41 building. For the purposes of the preceding science, the social sciences, and other relat U.S.C. 5); and sentence, the term 'construction' has the ed disciplines. "(9) adopt such additional means as the Di meaning given that term by section 702(2). "(d) AUTHORIZATION OF APPROPRIATIONS. rectors determines necessary or appropriate "SEC. ~ MEDICATION DEVELOPMENT PRO- There are authorized to be appropriated to to carry out the purposes of this section. GRAM. carry out this section, $600,000,000 for fiscal "SEC. 4861. NATIONAL MENTAL HEALTH AND SUB- "(a) ESTABLISHMENT.-There is established year 1992, and such sums as may be necessary STANCE ABUSE EDUCATION PRQ. in Nattonal Institute on Drug Abuse a Medi in each of the fiscal years 1993 through 1996. GRAMS. cation Development Program through which "The Secretary. acting through the Direc the Director of such Institute shall- CHAPI'ER 2-RESEARCH PROGRAMS tors of the National Institute on Alcohol "(1) conduct periodic meetings with the "SEC. 48811. MENTAL HEALTH AND SUBSTANCE Abuse and Alcoholism, the National Insti Commissioner of Food and Drugs to discuss ABUSE RESEARCH. tute on Drug Abuse, and the National Insti measures that may fac111tate the approval "(a) IN GENERAL.-The Secretary, acting tute of Mental Health, shall establish Na process of drug abuse treatments; through the Directors of the National Insti tional Mental Health and Substance Abuse "(2) encourage and promote (through tute on Alcohol Abuse and Alcoholism, the Education Programs for the purpose of- grants, contracts, international collabora National Institute on Drug Abuse and the (1) disseminating by publication and other tion, or otherwise) expanded research pro National Institute of Mental Health, may appropriate means, information concerning grams, investigations, experiments, and make grants to, and enter into cooperative improved methods of treating substance studies, into the development of medications agreements and contracts with, public and abusers and individuals with mental health to treat drug and alcohol addiction and re nonprofit private entities for the conduct of, problems and improved methods of assisting lated mental disorders; promotions of, coordination of, researc:J., in the families of such individuals; and "(3) establish or provide for the establish vestigation, experiments, demonstrations, (2) supporting programs of training and ment of research facilities; and studies relative to the cause, diagnosis, education with respect to the causes, diag "(4) report on the activities of other rel treatment, control, and prevention of mental nosis, and treatment of, and research con evant agencies relating to the devel.>pment illness and substance abuse. cerning, substance abuse and mental health and use of pharmacotherapeutic treatments "(b) AUTHORITY TO CARRY OUT ACTIVI problems. for ch: ug addiction; TIES.-ln carrying out the programs de "SEC. 48&1. NATIONAL SUBSTANCE ABUSE RE· "(5) collect, analyze, and disseminate data scribed in subsection (a), the Secretary, act SEARCH CENTERS. useful in the development and use of ing through the Directors, is authorized to- "(a) DESIGNATION.-The Secretary, acting pharmacotherapeutic treatments for drug "(1) collect and disseminate through publi through the Directors of the National Insti and alcohol addiction and related mental cations and other appropriate means (includ tute on Alcohol Abuse and Alcoholism and disorders and collect, catalog, analyze, and ing the development of curriculum mate the National Institute on Drug Abuse, may disseminate through international channels, rials), information as to, and the practical designate National Substance Abuse Re the results of such research; application of, the research and other activi search Centers for the purpose of inter "(6) directly or through grants, contracts, ties under the program; disciplinary research relating to substance or cooperative agreements, support training "(2) make available research facilities of abuse and other biomedical, behavioral, and in the fundamental sciences and clinical dis the Public Health Service to appropriate social.issues. No entity may be designated as ciplines related to the pharmacotherapeutic public authorities, and to health officials . a Center unless an application therefor has treatment of drug abuse and related mental and scientists engaged in special study; been submitted to, and approved by, the Sec disorders, including the use of training sti "(3) secure from time to time and for such retary. Such an application shall be submit pends, fellowships, and awards where appro periods as the Directors deems advisable, the ted in such manner and contain such infor priate; and assistance and advice of experts, scholars, mation as the Secretary may reasonably re "(7) coordinate the activities conducted and consultants; quire. The Secretary may not approve such under this· section with related activities "(4) promote the coordination of research an application unless- conducted within the National Institute on programs conducted by the Directors, and "(1) the application contains or is sup Alcohol Abuse and Alcoholism, the National similar programs conducted by other depart ported by reasonable assurances that- Institute on Drug Abuse, and the National ments, agencies, organizations, and individ "(A) the applicant has the experience, or Institute of Mental Health, and shall consult uals, including all National Institutes of capability, to conduct, through biomedical, with the DirectOrs of such Institutes. Health research activities which are or may behavioral, social, and related disciplines, "(b) DUTIES OF DIRECTOR.-ln carrying OUt be related to the problems of individuals suf long-term research on substance abuse and the activities described in subsection (a), the fering from substance abuse or ·those of their to provide coordination of such research Director- families or the impact of substance abuse on among such disciplines; "(1) shall collect and disseminate through other health problems; "(B) the applicant has available to it suffi publications and other appropriate means, "(5) conduct an intramural program of bio cient facilities (including laboratory, ref information pertaining to the research and medical, behavioral, epidemiological, and so erence, and data analysis facilities) to carry other activities under this section; cial research, including research into the out the research plan contained in the appli "(2) shall make grants to or enter into con most effective means of treatment and serv cation, tracts and cooperative agreements with indi ice delivery, and including research involv "(C) the applicant has facilities and per viduals and public and private entities to ing human subjects, which is- sonnel to provide training in the prevention further the goals of the program; "(A) located in an institution capable of and treatment of substance abuse; "(3) shall, in accordance with other provi providing all necessary medical care for such · "(D) the applicant has the capacity to sions of Federal law, through grants, con human subjects, including complete 24-hour train predoctoral and postdoctoral students tracts, or cooperative agreements acquire, medical diagnostic services by or under the for careers in research on substance abuse; construct, improve, repair, operate, and supervision of physicians, acute and inten "(E) the applicant has the capacity to con maintain pharmacotherapeutic centers, lab sive medical care, including 24-hour emer duct courses on substance abuse and re oratories, and other necessary fac111ties and gency care, psychiatric care, and such other search on substance abuse problems for un equipment, and such other property as the care as is determined to be necessary for in dergraduate and graduate students, and med Director determines necessary to carry out dividuals suffering from substance abuse; ical and osteopathic, nursing, social work, the purposes of this subpart; and and other specialized graduate students; and "(4) may accept voluntary and uncompen "(B) associated with an accredited medical "(F) the applicant has the capacity to con sated services; or research training institution; duct programs of continuing education in "(5) may accept gifts, or donations of serv "(6) for purposes of study, admit and treat such medical, legal, and social service fields ices, money, or property, real, personal, or at institutions, hospitals, and stations of the as the Secretary may require. mixed, tangible or intangible; and Public Health Service, persons not otherwise "(2) FIVE YEAR PLAN.-the application con "(6) shall take necessary action to ensure eligible for such treatment; tains a detailed 5-year plan for research re that all channels for the dissemination and "(7) provide to health officials, scientists, lating to substance abuse. exchange of scientific knowledge and infor and appropriate public and other nonprofit "(b) GRANTS.-The Secretary shall, under mation are maintained between the Admin institutions and organizations, technical ad such conditions as the Secretary may rea istration and the other scientific, medical, vice and assistance on the application of sta sonably require, make annual grants to Cen and biomedical disciplines and organizations tistical and other scientific research meth ters which have been designated under this nationally and internationally. ods to experiments, studies, and surveys in section. No funds provided under a grant "(c) REPORT TO OFFICE OF NATIONAL DRUG health and medical fields; under this subsection may be used for the CONTROL POLICY.- "(8) enter into contracts under this sub purchase of any land or the purchase, con "(1) IN GENERAL.-Not later than December part without regard to sections 3648 and 3709 struction, preservation, or repair of any 31, 1991, and each December 31 thereafter, the 15002 CONGRESSIONAL RECORD-SENATE June 17, 1991 Director shall submit to the Office of Na sons assigned to work with State and local "(b) REGULATIONS.- tional Drug Control Policy established under governments, to analyze and identify State "(!) IN GENERAL.-The Secretary shall issue section 1002 of the Anti-Drug Abuse Act of and local problems and assist in the develop regulations for the enforcement of the policy 1988 (21 U.S.C. 1501) a report, in accordance ment of plans and programs to meet the of subsection (a) with respect to the admis with paragraph (3), that describes the objec problems so identified; sion and treatment of substance abusers in tives and activities of the program assisted "(2) convene conferences of State, local, hospitals and outpatient fac111ties which re under this section. and Federal officials, and such other persons ceive support of any kind from any program "(2) INCORPORATION.-The Director of Na as the Administrator shall designate; and administered by the Secretary. Such regula tional Drug Control Policy shall incorporate, "(3) draft and make available to State and tions shall include procedures for determin by reference or otherwise, each report sub local governments model legislation with re ing (after opportunity for a hearing if re mitted under this subsection in the National spect to State and local substance abuse and quested) if a violation of subsection (a) hae Drug Control Strategy submitted the follow mental health programs and activities. occurred, notification of failure to comply ing February 1 under section 1005 of the "SEC. 542. SUBSTANCE ABUSE AMONG GOVERN· with such subsection, and opportunity for a Anti-Drug Abuse Act of 1988 (21 U.S.C. 1504). MENT AND OTHER EMPLOYEES. violator to comply with such subsection. If "(d) REVIEW OF GRANTS.-The Director "(a) PROGRAMS AND SERVICES.- the Secretary determines that a hospital or shall provide for the proper scientific review "(!) DEVELOPMENT.-The Secretary, acting outpatient facility subject to such regula of all research grants, cooperative agree through the Administrator of the Alcohol, tions has violated subsection (a) and such ments, and contracts made or entered into Drug Abuse and Mental Health Services Ad violation continues after an opportunity has under this section. ministration, shall be responsible for foster been afforded for compliance, the Secretary "(e) AUTHORIZATION OF APPROPRIATIONS. ing substance abuse prevention and treat may suspend or revoke, after opportunity for There are authorized to be appropriated to ment programs and services in State and a hearing, all or part of any support of any carry out the provisions of this section- local governments and in private industry. kind received by such hospital from any pro "(!) $70,000,000 for fiscal year 1992; "(2) MODEL PROGRAMS.- gram administered by the Secretary. The "(2) $85,000,000 for fiscal year 1993; "(A) IN GENERAL.-Consistent with the re Secretary may consult with the officials re "(3) $100,000,000 for fiscal year 1994; sponsibilities described in paragraph (1), the sponsible for the administration of any other "(4) $110,000,000 for fiscal year 1995; and Secretary, acting through the Administrator Federal program from which such hospital or "(5) $130,000,000 for each of the fiscal years of the Alcohol, Drug Abuse and Mental outpatient facility receives support of any 1996 through 2000. Health Services Administration, shall de kind, with respect to the suspension or rev "<0 DEFINITION.-As used in this section, velop a variety of model programs suitable ocation of such other Federal support for the term 'pharmacotherapeutics' means for replication on a cost-effective basis in such hospital or outpatient facility. different types of business concerns and medications used to treat the symptoms and "(2) DEPARTMENT OF VETERANS AFFAIRS. disease of drug abuse, including medications State and local governmental entities. "(B) DISSEMINATION OF INFORMATION.-The The Secretary of Veterans Affairs, acting to--- Secretary, acting through the Administrator through the Chief Medical Director, shall, to "(1) block the effects of abused drugs; of the Alcohol, Drug Abuse and Mental the maximum feasible extent consistent "(2) reduce the craving for abused drugs; Health Services Administration, shall dis with their responsib111ties under title 38, "(3) moderate or eliminate withdrawal United States Code, prescribe regulations symptoms; seminate information and materials relative to such model programs to the State agen making applicable the regulations prescribed "(4) block or reverse the toxic effect of by the Secretary under paragraph (1) to the cies responsible for the administration of abused drugs; substance abuse prevention, treatment, and provision of hospital care, nursing home "(5) prevent, under certain conditions, the care, domiciliary care, and medical services rehabilitation activities and shall, to the ex initiation of drug abuse; or tent feasible provide technical assistance to under such title 38 to veterans suffering from "(6) prevent relapse in persons who have substance abuse. In prescribing and imple such agencies as requested. ·been detoxified from abuse of drugs.''. "(b) DEPRIVATION OF EMPLOYMENT.- menting regulations pursuant to this para Subtitle B-Mi8cellaneous Provisions "(!) PROHIBITION.-No person may be de graph, the Secretary shall, from time to time, consult with the Secretary of Health 8EC.lll. MISCELLANEOUS PROVISIONS. nied or deprived of Federal civilian employ ment or a Federal professional or other li and Human Services in order to achieve the Part C (42 U.S.C. 290dd et seq.) (as redesig maximum possible coordination of the regu nated by section 101(1)) is further amended to cense or right solely on the grounds of prior substance abuse. lations, and the implementation thereof, read as follows: which they each prescribe. "PART C-MISCELLANEOUS PROVISIONS RE "(2) APPLICATION.-This subsection shall not apply to employment in- "SEC. 544. CONFIDENTIALITY OF RECORDS. LATING TO SUBSTANCE ABUSE AND MENTAL "(a) REQUIREMENT.-Records of the iden HEALTH "(A) the Central Intelligence Agency; "(B) the Federal Bureau of Investigation; tity, diagnosis, prognosis, or treatment of "SEC. 541. TECHNICAL ASSISTANCE TO STATE "(C) the National Security Agency; any patient which are maintained in connec AND LOCAL AGENCIES. "(D) any other department or agency of tion with the performance of any program or "(a) AUTHORITY.-At the request of any the Federal Government designated for pur activity relating to substance abuse edu State, the Secretary, acting through the Ad poses of national security by the President; cation, prevention, training, treatment, re ministrator of the Alcohol, Drug Abuse and or habilitation, or research, which is conducted, Mental Health Services Administration, "(E) in any position in any department or regulated, or directly or indirectly assisted shall, to the extent feasible, make available agency of the Federal Government, not re by any department or agency of the United technical assistance for- ferred to in subparagraphs (A) through (D), States shall, except as provided in subsection "(1) developing and improving systems for which position is determined pursuant to (e), be confidential and be disclosed only for data collection; regulations prescribed by the head of such the purposes and under the circumstances "(2) program management, accountability, agency or department to be a sensitive posi expressly authorized under subsection (b). and evaluation; tion. "(b) P ~RMITTED DISCLOSURE.- "(3) certification, accreditation, or licen "(c) CONBTRUCTION.-This section shall not "(!) CONSENT.-The content of any record sure of treatment facilities and personnel; be construed to prohibit the dismissal from referred to in subsection (a) may be disclosed "(4) monitoring compliance by hospitals employment of a Federal civ111an employee in accordance with the prior written consent and other facilities with the requirements of who cannot properly function in his employ of the patient with respect to whom such section 543; and ment. record is maintained, but only to such ex "(5) improving the scope of health insur "SEC. 543. ADMISSION OF SUBSTANCE ABUSERS tent, under such circumstances, and for such ance coverage offered in the State relative to TO PRIVATE AND PUBUC HOS. purposes as may be allowed under regula mental health and substance abuse. PITALS AND OUTPATIENT FACIU· tions prescribed pursuant to subsection (g). "(b) COORDINATION.-Technical assistance TIES. "(2) METHOD FOR DISCLOSURE.-Whether or provided under this section shall be provided "(a) NONDISCRIMINATION.-Substance abus not the patient, with respect to whom any in a manner which will improve coordination ers who are suffering from medical condi given record referred to in subsection (a) is between activities supported under this title. tions shall not be discriminated against in maintained, gives written consent, the con "(C) DUTIES OF ADMINISTRATOR.-In carry admission or treatment, solely because of tent of such record may be disclosed as fol ing out this section, the Administrator their substance abuse, by any private or pub lows: may- lic general hospital, or outpatient facility "(A) To medical personnel to the extent "(1) provide technical assistance, including (as defined in section 1633(6)) which receives necessary to meet a bona fide medical emer- advice and consultation relating to local support in any form from any program sup gency. . programs, technical and professional assist ported in whole or in part by funds appro "(B) To qualified personnel for the purpose ance, and, where deemed necessary, use of priated to any Federal department or agen of couducting scientific research, manage task forces of public officials or other per- cy. ment audits, financial audits, or program June 17, 1991 CONGRESSIONAL RECORD-SENATE 15003 evaluation, but such personnel may not iden "SEC. 545. DATA COLLECTION. "(B) longitudinal studies of infants and the tify, directly or indirectly, any individual "(a) REQUIREMENT.-The Secretary, acting families of infants afflicted with such syn patient in any report of such research, audit, through the Administrator and the Directors dromes. or evaluation, or otherwise disclose patient of the National Institute on Alcohol Abuse "(2) AUTHORIZATION OF APPROPRIATIONS. identities in any manner. and Alcoholism, the National Institute on There are authorized to be appropriated to "(C) If authorized by an appropriate order Drug Abuse and the National Institute of award grants under paragraph (1), $25,000,000 of a court of competent jurisdiction granted Mental Health, as appropriate, shall collect for fiscal year 1992, and such sums as may be after application showing good cause there data each year on the national incidence and necessary for each of the fiscal years 1993 for. In assessing good cause the court shall prevalence of the various forms of mental ill and 1994. weigh the public interest and the need for ness and substance abuse. "(e) UNIFORM CRITERIA.-After consulta disclosure against the injury to the patient, "(b) MENTAL HEALTH.-With respect to the tion with the States and with appropriate to the physician-patient relationship, and to activities under subsection (a) relating to national organizations, the Administrator the treatment services. Upon the granting of mental health, the Secretary shall ensure and the Directors shall develop uniform cri such order, the court, in determining the ex that such activities include, at a minimum, teria for the collection of data, using the tent to which any disclosure of all or any the collection of data on- best available technology, pursuant to this part of any record is necessary, shall impose "(1) the number and variety of public and section. appropriate safeguards against unauthorized nonprofit private treatment programs; "SEC. 548. PUBUC HEALTH EMERGENCIES. disclosure. "(2) the number and demographic charac "(a) REQUIREMENTS.-If the Secretary de "(c) USE OF RECORDS IN CRIMINAL PROCEED teristics of individuals receiving treatment termines, after consultation with the Admin INGS.-Except as authorized by a court order through such programs; istrator, the Commissioner of Food and granted under subsection (b)(2)(C), no record "(3) the type of care received by such indi- Drugs, or the Director of the Centers for Dis referred to in subsection (a) may be used to viduals; and ease Control, that a disease or disorder with initiate or substantiate any criminal charges "(4) such other data as may be appropriate. in the jurisdiction of the Administration "(C) SUBSTANCE ABUSE.- constitutes a public health emergency, the against a patient or to conduct any inves "(1) IN GENERAL.-With respect to the ac tigation of a patient. tivities under subsection (a) relating to sub Secretary. acting through the Adminis "(d) APPLICATION.-The prohibit~ons of this stance abuse, the Secretary shall ensure that t:-atJr- section continue to apply to records concern such activities include, at a minimum, the "(1) shall expedite the review by advisory ing any individual who has been a patient, collection of data on- councils and by peer review groups of appli irrespective of whether or when such individ- "(A) the number of individuals admitted to cations for grants for services concerning ,..- ual ceases to be a patient. the emergency rooms of hospitals as a result such disease or disorder or proposals for con "(e) NONAPPLICABILITY.-The prohibitions of substance abuse; tracts for such services; of this section do not apply to any inter "(B) the number of deaths occurring as a "(2) shall exercise the authority in section change of records- result of substance abuse; 3709 of the Revised Statutes (41 U.S.C. 5) re "(1) within the Armed Forces or within "(C) the number and variety of public and specting public exigencies to waive the ad those components of the Department of Vet private nonprofit treatment programs, in vertising requirements of such section in the erans Affairs furnishing health care to veter cluding the number and type of patient slots case of proposals for contracts for such serv ans; or available; ices; "(2) between such components and the "(D) the number of individuals seeking "(3) may provide administrative supple Armed Forces. treatment through such programs, the num mental increases in e: sting grants and con The prohibitions of this section do not apply ber and demographic characteristics of indi tracts to support new services relevant to to the reporting under State law of incidents viduals receiving such treatment, the per such disease or disorder; and of suspected child abuse and neglect to the centage of individuals who complete such "(4) shall disseminate, to health profes appropriate State or local authorities. programs, and, with respect to individuals sionals and the public, information on the "(0 PENALTIEs.-Any person who violates receiving such treatment, the length of time cause, prevention, and treatment of such dis any provision of this section or any regula between an individual's request for treat ease or disorder that has been developed tion issued pursuant to this section shall be ment and the commencement of treatment; under this section. fined not more than $500 in the case of a first "(E) the number of such individuals who The amount of an increase in a grant or offense, and not more than $5,000 in the case return for treatment after the completion of contract provided under paragraph (3) may of each subsequent offense. a prior treatment in such programs and the not exceed one-half the original amount of "(g) REGULATIONS.-Except as provided in method of treatment utilized during the the grant or contract. subsection (h), the Secretary shall prescribe prior treatment; "(b) REPORT.-Not later than 90 days after regulations to carry out the purposes of this "(F) the number of individuals receiving the end of a fiscal year, the Secretary shall section. Such regulations may contain such public assistance for such treatment pro report to the Committee on Energy and definitions, and may provide for such safe grams; Commerce of the House of Representatives guards and procedures, including procedures "(G) the costs of the different types of and the Committee on Labor and Human Re and criteria for the issuance and scope of or treatment modalities for drug and alcohol sources of the Senate on actions taken under ders under subsection, (b)(2)(C), as in the abuse and the aggregate relative costs of subsection (a) in such fiscal year if any ac judgment of the Secretary are necessary or each such treatment modality provided with tions were taken under such subsection in proper to effectuate the purposes of this sec in a State in each fiscal year; such fiscal year.". tion, to prevent circumvention or evasion "(H) to the extent of available informa Subtitle C-Transfer Provisions thereof, or to facilitate compliance there tion, the number of individuals receiving SEC. 121. TRANSFERS. with. treatment for alcohol or drug abuse who (a) ALCOHOL, DRUG ABUSE AND MENTAL "(h) APPLICATION TO DEPARTMENT OF VET have private insurance coverage for the costs HEALTH SERVICES ADMINISTRATION.-Except ~S AFFAIRS.-The Secretary of Veterans of such treatment; as specifically provided otherwise in this Act Affairs, acting through the Chief Medical Di "(I) the extent of substance abuse among or an amendment made by this Act, there rector, shall, to the maximum feasible ex high school students and among the general are transferred to the Administrator of the tent consistent with their responsibilities population; and Alcohol, Drug Abuse and Mental Health under title 38, United States Code, prescribe "(J) the number of alcohol and drug abuse Services Administration all service related regulations making applicable the regula counselors and other substance abuse treat functions which the Administrator of the Al tions prescribed by the Secretary of Health ment personnel employed in public and pri cohol, Drug Abuse and Mental Health Ad and Human Services under subsection (g) of vate treatment facilities. ministration exercised before the date of the this section to records maintained in connec "(2) SURVEYS.-Annual surveys shall be enactment of this Act and all related func tion with the provision of hospital care, carried out in the collection of data under tions of any officer or employee of the Alco nursing home care, domiciliary care, and this section. Summaries and analyses of the hol, Drug Abuse and Mental Health Adminis medical services under such title 38 to veter data collected shall be made available to the tration. ans suffering from substance abuse. In pre public. (b) NATIONAL INSTITUTES.-Except as spe scribing and implementing regulations pur "(d) SPECIFIC STUDIES.- cifically provided otherwise in this Act or an suant to this subsection, the Secretary of "(1) IN GENERAL.-The Secretary shall amendment made by this Act, there are Veterans Affairs shall, from time to time, award grants under this section on a com transferred to the appropriate Directors of consult with the Secretary of Health and petitive basis to qualified entities to sup the National Institute on Alcohol Abuse and Human Services in order to achieve the max port- Alcoholism, the National Institute on Drug imum possible coordination of the regula "(A) epidemiological studies of infants and Abuse and the National Institute of Mental tions, and the implementation thereof, the fam111es of infants with fetal cocaine Health all research related functions which which they each prescribe. syndrome and fetal alcohol syndrome; and the Administrator of the Alcohol, Drug 15004 CONGRESSIONAL RECORD-SENATE June 17, 1991 Abuse, and Mental Health Administration tiona, and other funds employed, used, held, (b) CONTINUATION OF PROCEEDINGS.- exercised before the date of the enactment of arising from, available to, or to be made (!) IN GENERAL.-The provisions of this sub this Act and all related functions of any offi available in connection with the functions title shall not affect any proceedings, includ cer or employee of the Alcohol, Drug Abuse, transferred to the Directors of the National ing notices of proposed rule making, or any and Mental Health Administration. Institute on Alcohol Abuse and Alcoholism, application for any license, permit, certifi (c) ADEQUATE PERSONNEL AND RESOURCES. the National Institute on Drug Abuse and cate, or financial assistance pending on the The transfers required under this subtitle the National Institute of Mental Health by date of enactment of this Act before the De shall be effectuated in a manner that ensures this subtitle, subject to section 1531 of title partment of Health and Human Services, that the National Institutes of Health have 31, United States Code, shall be transferred which relates to the Alcohol, Drug Abuse adequate personnel and resources to enable to the National Institute on Alcohol Abuse and Mental Health Administration or the the National Institute on Alcohol Abuse and and Alcoholism, the National Institute on National Institute on Alcohol Abuse and Al Alcoholism, the National Institute on Drug Drug Abuse and the National Institute of coholism, the National Institute on Drug Abuse and the National Institute of Mental Mental Health. Unexpended funds trans Abuse, or the National Institute of Mental Health and the Alcohol, Drug Abuse and ferred pursuant to this subsection shall be Health, or any office thereof with respect to Mental Health Services Administration to used only for the purposes for which the functions transferred by this subtitle. Such carry out their respective functions. funds were originally authorized and appro proceedings or applications, to the extent SEC. 122. DELEGATION AND ASSIGNMENT. priated. that they relate to functions transferred, (a) ALCOHOL, DRUG ABUSE AND MENTAL SEC. 124. INCIDENTAL TRANSFERS. shall be continued. Orders shall be issued in HEALTH SERVICES ADMINISTRATION.-Except The Secretary of Health and Human Serv such proceedings, appeals shall be taken where otherwise expressly prohibited by law, ices is authorized to make such determina therefrom, and payments shall be made the Administrator of the Alcohol, Drug tions as may be necessary with regard to the under such orders, as if this Act had not been Abuse and Mental Health Services Adminis functions transferred by this subtitle, and to enacted, and orders issued in any such pro tration may delegate any of the functions make such additional incidental dispositions ceedings shall continue in effect until modi transferred to the Administrator by this sub of personnel, assets, liabilities, grants, con fied, terminated, superseded, or revoked by title and any function transferred or granted tracts, property, records, and unexpended the Administrator of the Alcohol, Drug to the Administrator after the date of enact balances of appropriations, authorizations, Abuse and Mental Health Services Adminis ment of this Act to such officers and employ allocations, and other funds held, used, aris tration or the Directors of the National In ees of the Alcohol, Drug Abuse and Mental ing from, available to, or to be made avail stitute on Alcohol Abuse and Alcoholism, Health Services Administration as the Ad able in connection with such functions, as the National Institute on Drug Abuse and ministrator may designate, and may author may be necessary to carry out the provisions the National Institute of Mental Health by a ize successive redelegations of such func of this subtitle and the Public Health Serv court of competent jurisdiction, or by oper tions as may be necessary or appropriate. No ice Act. Such Secretary shall provide for the ation of law. Nothing in this subsection pro delegation of functions by the Administrator termination of the affairs of all entities ter hibits the discontinuance or modification of under this section or under any other provi minated by this subtitle and for such further any such proceeding under the same terms sion of this subtitle shall relieve the Admin measures and dispositions as may be nec and conditions and to the same extent that istrator of responsibility for the administra essary to effectuate the purposes of this sub such proceeding could have been discon tion of such functions. title. tinued or modified if this subtitle had not (b) NATIONAL INSTITUTES.-Except where SEC. 125. EFFECT ON PERSONNEL. been enacted. otherwise expressly prohibited by law, the (a) IN GENERAL.-Except as otherwise pro (2) REGULATIONS.-The Secretary of Health Directors of the National Institute on Alco vided by this subtitle and the Public Health and Human Services is authorized to issue hol Abuse and Alcoholism, the National In Service Act, the transfer pursuant to this regulations providing for the orderly trans stitute on Drug Abuse and the National In subtitle of full-time personnel (except spe fer of proceedings continued under paragraph stitute of Mental Health may delegate any of cial Government employees) and part-time (1). personnel holding permanent positions shall the functions transferred to the Directors by (C) EFFECT ON LEGAL ACTIONS.-Except as this subtitle and any function transferred or not cause any such employee to be separated provided in subsection (e)- granted to the Directors after the date of en or reduced in grade or compensation for one (1) the provisions of this subtitle do not af actment of this Act to such officers and em year after the date of transfer of such em fect actions commenced prior to the date of ployee under this subtitle. ployees of such Institutes as the Directors (b) ExECUTIVE SCHEDULE POSITIONS.-Any enactment of this Act; and may designate, and may authorize successive person who, on the day preceding the effec (2) in all such actions, proceedings shall be redelegations of such functions as may be tive date of this Act, held a position com had, appeals taken, and judgments rendered necessary or appropriate. No delegation of pensated in accordance with the Executive in the same manner and effect as if this Act functions by the Directors under this section Schedule prescribed in chapter 53 of title 5, had not been enacted. or under any other provision of this subtitle United States Code, and who, without a (d) NO ABATEMENT OF ACTIONS OR PROCEED shall relieve the Directors of responsibility break in service, is appointed in the Alcohol, INGS.-No action or other proceeding com for the administration of such functions. Drug Abuse and Mental a:ealth Services Ad menced by or against any officer in his offi SEC. 123. TRANSFER AND AlLOCATIONS OF AP· ministration to a position having duties cial capacity as an officer of the Department PROPRIATIONS AND PERSONNEL. comparable to the duties performed imme of Health and Human Services with respect (a) ALCOHOL, DRUG ABUSE AND , MENTAL diately preceding such appointment shall to functions transferred by this subtitle HEALTH SERVICES ADMINISTRATION.-Except continue to be compensated in such new po shall abate by reason of the enactment of as otherwise provided in the Public Health sition at not less than the rate provided for this Act. No cause of action by or against the Service Act, the personnel employed in con such previous position, for the duration of Department of Health and Human Services nection with, and the assets, liabilities, con the service of such person in such new posi with respect to functions transferred by this tracts, property, records, and unexpended tion. subtitle, or by or against any officer thereof balances of appropriations, authorizations, SEC.128. SAVINGS PROVISIONS. in his official capacity, shall abate by reason allocations, and other funds employed, used, (a) EFFECT ON PREVIOUS DETERMINATIONS. of the enactment of this Act.. Causes of ac held, arising from, available to, or to be All orders, determinations, rules, regula tion and actions with respect to a function made available in connection with the func tions, permits, contracts, certificates, li transferred by this subtitle, or other pro tions transferred to the Administrator of the censes, and privileges that- ceedings may be asserted by or against the Alcohol, Drug Abuse and Mental Health (1) have been issued, made, granted, oral United States or the Administrator of the Services Administration by this subtitle, lowed to become effective by the President, Alcohol, Drug Abuse and Mental Health Ad subject to section 1531 of title 31, United any Federal agency or official thereof, or by ministration or the Directors of the National States Code, shall be transferred to the Alco a court of competent jurisdiction, in the per Institute on Alcohol Abuse and Alcoholism, hol, Drug Abuse and Mental Health Services formance of functions which are transferred the National Institute on Drug Abuse, and Administration. Unexpended funds trans by this subtitle; and the National Institute of Mental Health, as ferred pursuant to this subsection shall be (2) are in effect on the date of enactment of may be appropriate, and, in an action pend used only for the purposes for which the this Act; ing when this Act takes effect, the court funds were originally authorized and appro shall continue in effect according to their may at any time, on its own motion or that priated. terms until modified, terminated, super of any party, enter an order which will give (b) NATIONAL INSTITUTES.-Except as other seded, set aside, or revoked in accordance effect to the provisions of this subsection. wise provided in the Public Health Service with law by the President or the Adminis (e) SUBSTITUTION.-If, before the date of en Act, the personnel employed in connection trator of the Alcohol, Drug Abuse and Men actment of this Act, the Department of with, and the assets, liabilities, contracts, tal Health Services Administration, as ap Health and Human Services, or any officer property, records, and unexpended balances propriate, a court of competent jurisdiction, thereof in the official capacity of such offi of appropriations, authorizations, alloca- or by operation of law. cer, is a party to an action, and under this June 17, 1991 CONGRESSIONAL RECORD-SENATE 15005 subtitle any function of such Department, Subtitle D-Conforming Amendments (A) in subsection (b), by striking out "the Office, or officer is transferred to the Admin SEC. 131. CONFORMING AMENDMENTS. Alcohol, Drug Abuse, and Mental Health Ad istrator of the Alcohol, Drug Abuse and Men (a) TITLE V.-Title Vis amended- ministration,"; tal Health Services Administration or the (1) in section 521 (42 U.S.C. 290cc-21), by (B) in subsection (c}- Directors of the National Institute on Alco striking "Director of the National Institute (i) by striking out "the Alcohol, Drug hol Abuse and Alcoholism, the National In of Mental Health" and inserting in lieu Abuse, and Mental Health Administration," stitute on Drug Abuse and the National In thereof "Administrator of the Alcohol, Drug in the matter preceding paragraph (1); and stitute of Mental Health, then such action Abuse and Mental Health Services Adminis (11) by striking out "the institutes of the shall be continued with the Administrator of tration"; Alcohol, Drug Abuse, and Mental Health Ad the Alcohol, Drug Abuse and Mental Health (2) in section 528 (42 U.S.C. 290cc-28}- ministration," in paragraph (7); and Services Administration or the Directors of (A) by striking "the National Institute of (C) in subsection (d}- the National Institute on Alcohol Abuse and Mental Health, the National Institute on Al (i) by striking out paragraph (3) and insert Alcoholism, the National Institute on Drug cohol Abuse and Alcoholism, and the Na ing in lieu thereof the following new para Abuse and the National Institute of Mental tional Institute on Drug Abuse" and insert graph: Health, as the case may be, substituted or ing in lieu thereof "and the Administrator of "(3) Four nonvoting members shall be ap added as a party. the Alcohol, Drug Abuse and Mental Health pointed for the directors of the national re (f) JUDICIAL REVIEW.-Orders and actions of Services Administration" in subsection (a); search institutes of the National Institutes the Administrator of the Alcohol, Drug and of Health which the Secretary determines Abuse and Mental Health Services Adminis (B) by striking "National Institute of Men are involved with rare diseases."; and tration or the Directors of the National In tal Health" and inserting in lieu thereof (11) by striking out "or an institute of the stitute on Alcohol Abuse and Alcoholism, "Administrator of the Alcohol, Drug Abuse Alcohol, Drug Abuse, and Mental Health Ad the National Institute on Drug Abuse and and Mental Health Services Administration" ministration" in the matter immediately the National Institute of Mental Health in in subsection (c); following paragraph (3). the exercise of functions transferred to the (3) in section 530 (42 U.S.C. 290cc-30), by (2) The Older Americans Act of 1965 (42 Administrator or the Directors by this sub striking "the National Institute of Mental U.S.C. 3001 et seq.) is amended- title shall be subject to judicial review to Health, the National Institute on Alcohol (A) in section 202(b)(1) (42 U.S.C. 3012(b)(1)), the same extent and in the same manner as Abuse and Alcoholism, and the National In by striking out "the Alcohol, Drug Abuse, if such orders and actions had been by the stitute on Drug Abuse" and inserting in lieu and Mental Health Administration" and in Administrator of the Alcohol, Drug Abuse thereof "and the Administrator of the Alco serting in lieu thereof "the Alcohol, Drug and Mental Health Administration or the Di hol, Drug Abuse and Mental Health Services Abuse, and Mental Health Services Adminis rectors of the National Institute on Alcohol Administration"; and tration"; Abuse and Alcoholism, the National Insti (4) in section 561(a) (42 U.S.C. 290!0, by (B) in section 301(b)(2) (42 U.S.C. 3021(b)(2)), tute on Drug Abuse, and the National Insti striking "National Institute of Drug Abuse" by striking out "the Alcohol, Drug Abuse, tute of Mental Health, or any office or offi and inserting in lieu thereof "Administrator and Mental Health Administration" and in cer thereof, in the exercise of such functions of the Alcohol, Drug Abuse and Mental serting in lieu thereof "the Alcohol, Drug immediately preceding their transfer. Any Health Services Administration". Abuse, and Mental Health Services Adminis statutory requirements relating to notice, (b) TITLE XIX.-Part B of title XIX (42 tration"; and hearings, action upon the record, or adminis U.S.C. 300x et seq.) is amended in section 1911 (C) in section 402(b) (42 U.S.C. 3030bb(b)), by trative review that apply to any function (42 U.S.C. 300x) (as such section is amended striking out "the Alcohol, Drug Abuse, and transferred by this subtitle shall apply to by section 201) by adding at the end thereof Mental Health Administration" and insert the exercise of such function by the Adminis the following new subsection: ing in lieu thereof "the Alcohol, Drug Abuse, trator of the Alcohol, Drug Abuse and Men "(c) The Secretary shall carry out this and Mental Health Services Administra tal Health Services Administration or the part through the Administrator of the Alco tion". Directors. hol, Drug Abuse and Mental Health Services (3) Section 116 of the Protection and Advo SEC. 127. SEPARABILITY. Administration.''; cacy for Mentally ill Individuals Act of 1986 If a provision of this subtitle or its applica (c) GENERAL PUBLIC HEALTH SERVICE ACT (42 U.S.C. 10826) is amended by striking out tion to any person or circumstance is held AMENDMENTS.-The Act (42 U.S.C. 201 et seq.) "the Alcohol, Drug Abuse, and Mental invalid, neither the remainder of this Act is amended- Health Administration" and inserting in lieu nor the application of the provision to other (1) in section 227 (42 U.S.C. 236}- thereof "the Alcohol, Drug Abuse, and Men persons or circumstances shall be affected. (A) by striking out ", and the the Alcohol, tal Health Services Administration". SEC. 128. TRANSITION. Drug Abuse, and Mental Health Administra SEC. 132. ADDITIONAL CONFORMING AMEND With the consent of the Secretary of tion" in subsection (c)(2); MENTS. Health and Human Services, the Adminis (B) by striking out ", the the Alcohol, (a) RECOMMENDED LEGISLATION.-After con trator of the Alcohol, Drug Abuse and Men Drug Abuse, and Mental Health Administra sultation with the appropriate committees of tal Health Services Administration and the tion" in subsection (c)(3); the Congress, the Administrator of the Alco Directors of the National Institute on Alco (C) by striking out "and the Administrator hol, Drug Abuse and Mental Health Services hol Abuse and Alcoholism, the National In of the Alcohol, Drug Abuse, and Mental Administration and the Directors of the Na stitute on Drug Abuse and the National In Health Administration" in subsection (e); tional Institute on Alcohol Abuse and Alco stitute of Mental Health are authorized to and holism, the National Institute on Drug utilize--- (D) by striking out "and the Administrator Abuse and the National Institute of Mental (1) the services of such officers, employees, of the Alcohol, Drug Abuse, and Mental Health shall prepare and submit to the Con and other personnel of the Department with Health Administration" in subsection (e); gress recommended legislation containing respect to functions transferred to the Ad (2) in section 319(a) (42 U.S.C. 247d(a)), by technical and conforming amendments tore ministrator of the Alcohol, Drug Abuse and striking out "the Alcohol, Drug Abuse, and flect the changes made by this subtitle to Mental Health Services Administration and Mental Health Administration" and insert the Public Health Service Act or any other the Director of the National Institute on Al ing in lieu thereof "the Alcohol, Drug Abuse, provision of law. cohol Abuse and Alcoholism, the National and Mental Health Services Administra (b) SUBMISSION TO THE CONGRESS.-Not Institute on Drug Abuse and the National In tion"; later than 6 months after the date of enact stitute of Mental Health by this subtitle; and (3) in section 487(a)(1) (42 U.S.C. 288(a)(1)} ment of this Act, the Administrator of the (2) funds appropriated to such functions for (A) by striking out "and the Alcohol, Drug Alcohol, Drug Abuse and Mental Health such period of time as may reasonably be Abuse, and Mental Health Administration" Services Administration and the Directors of needed to facilitate the orderly implementa in subparagraph (A)(i); and the National Institute on Alcohol Abuse and tion of this subtitle. (B) by striking out "or the Alcohol, Drug Alcoholism, the National Institute on Drug SEC. 129. REFERENCES. Abuse, and Mental Health Administration" Abuse and the National Institute of Mental Reference in any other Federal law, Execu in the matter immediately following sub Health shall submit the recommended legis tive order, rule, regulation, or delegation of paragraph (B); and lation referred to under subsection (a). authority, or any document of or pertaining (4) in section 489(a)(2) (42 U.S.C. 288b(a)(2)), Subtitle E-Miscellaneous Provisions to the Alcohol, Drug Abuse and Mental by striking out "and institutes under the Al SEC. 141. ALTERNATIVE SOURCES OF FUNDING Health Administration or to the Adminis cohol, Drug Abuse, and Mental Health Ad FOR CERTAIN GRANTEES. trator of the Alcohol, Drug Abuse and Men ministration". The Secretary of Health and Human Serv tal Health Administration shall be deemed (d) 0rHER LAWS.- ices shall undertake diligent efforts to ob to refer to the Administrator of the Alcohol, (1) Section 4 of the Orphan Drug Amend tain alternative sources of Federal funds, in Drug Abuse and Mental Health Services Ad ments of 1985 (42 U.S.C. 236 note) is amend cluding funds available under section 505, to ministration. ed- provide assistance to grantees who have been

49-059 0-95 Vol. 137 (Pt. 11) 3 15006 CONGRESSIONAL RECORD-SENATE June 17, 1991 receiving assistance under the community "(2) For the purpose of the formula speci in the State. The Secretary shall make such youth activity program established under fied in paragraph (l)(B)- determinations in accordance with the data section 3521 of the Anti-Drug Abuse Act of "(A) the term 'E' means the amount the available from the most recent decennial 1988 (42 u.s.c. 11841). State involved received under this subpart in census. SEC. 142. PEER REVIEW. fiscal year 1989; and "(2)(A) The term 'cost index' means the The peer review systems, advisory councils "(B) the term 'R' means the cumulative overall cost index for the State that appears and scientific advisory committees utilized percentage by which the total amount appro in table 4 of the March 30, 1990 report enti by the National Institute on Alcohol Abuse priated pursuant to the authority of section tled 'Adjusting the Alcohol, Drug Abuse and and Alcoholism, the National Institute on 1911 has increased or decreased since fiscal Mental Health Services Block Grant Alloca Drug Abuse and the National Institute of year 1989."; tions for Poverty Population and Cost of Mental Health prior to the transfer of such (5) in subsection (c)- Service' prepared by the Health Economics Institutes to the National Institute of (A) in paragraph (2)(A}, by inserting "or Research, Inc. pursuant to a contract with Health shall be utilized by such Institutes the amount such territory received in fiscal the National Institute on Drug Abuse. after such transfer. year 1989" after "100,000"; "(B) The Secretary shall, in consultation TITLE D-REAUTHORIZATION AND IM (B) by inserting the following flush sen with the Comptroller General of the United PROVEMENT OF ALCOHOL AND DRUG tence after clause (ii) of paragraph (l)(B): States, update the cost index described in ABUSE AND MENTAL HEALTH SERVICE "In the absence of reliable recent population subparagraph (A) prior to making allotments BLOCK GRANT PROGRAM data with respect to a given territory, the under this section for fiscal year 1993 and at Secretary shall assume that the population least once every 3 years thereafter as more SEC. 201. REAUTHORIZATION OF BLOCK GRANT. of the territory has changed at the same rate current data becomes available. The Sec Section 1911 (42 U.S.C. 300x) is amended to as the population of the territories gen retary may make reasonable refinements in read as follows: erally."; and the methodology used in constructing such "SEC. 1911. AUTHORIZATION OF APPROPRIA· (C) by adding at the end the following new cost index and may phase in such changes in TIONS. paragraph: the cost index as the Secretary determines "(a) IN GENERAL.-There are authorized to "(4) As used in this subsection, the term to be appropriate. be appropriated to carry out this subpart, 'population' means the civilian population."; "(3)(A) The term 'State' means, except as $1,500,000,000 for fiscal year 1992, and such (6) in subsection (g), to read as follows: provided in subparagraph (B), each of the sums as may be necessary for each of the fis "(g)(l) Notwithstanding any other provi several States, the District of Columbia, and cal years 1993 and 1994. sion of law, no State shall receive an allot each of the territories of the United States. "(b) TECHNICAL ASSISTANCE.-The Sec ment under this section in fiscaJ year 1992 "(B) As used in subsections (a), (b), (e), and retary, acting through the Administrator of that is less than the allotment such State re (f), the term 'State' means each of the sev the Alcohol, Drug Abuse and Mental Health ceived under this section in fiscal year 1991. eral States and the District of Columbia. Services Administration may use not more "(2) Notwithstanding any other provision "(4) The term 'territories of the United than 5 percent of the amounts appropriated of law, in any fiscal year in which the total States' means each of the Dommonwealth of for a fiscal year pursuant to subsection (a) to amount appropriated under 1911(a) increases Puerto Rico, the Virgin Islands, Guam, carry out sections 1916B and 1921, and to by less than $200,000,000 as compared to the American Samoa, the Commonwealth of the monitor and evaluate expenditures pursuant previous fiscal year, no State shall receive Northern Mariana Islands, the Trust Terri to subsection (a).". an allotment under this section in such fis tory of the Pacific Islands, and any other SEC. 202. REVISION OF BLOCK GRANT FORMULA. cal year in an amount that exceeds the sum territory or possession of the United (a) IN GENERAL.-Section 1912A of the Act of- States.". (42 U.S.C. 300x-la) is amended- "(A) the allotment such State received in (b) REPORT ON ALLOTMENT FORMULA.- (!) in the formula specified in subsection such previous fiscal year; and (!) REPORT.-Not later than 6 months after (a)(4)(A)(11)(1I) by striking "N" and inserting "(B) $20,000,000. the date of enactment of this Act, the Sec "P"; "(3) Notwithstanding any other provision retary of Health and Human Services, in con (2) in subparagraphs (B) and (C) of sub of law, no State shall receive an allotment sultation with the Director of the Office of section (a)(4), to read as follows: under this section in fiscal year 1993, or in National Drug Control Policy, shall prepare "(B) For the purposes of clause (i) and the subsequent fiscal years, that is less that 95 and submit to the Committee on Energy and formula specified in clause (ii)(II), of sub percent of the amount of the allotment that Commerce of the House of Representatives paragraph (A}, the term 'P' means the prod such State received under this section in the and the Colnmittee on Labor and Human Re uct of the at-risk population percentage and preceding fiscal year."; and sources of the Senate, a report concerning the cost index of the State involved. (7) by adding at the end the following new the statutory formula under which funds "(C)(i) Except as provided in clause (11), for subsection: made available under section 1911 of the Pub purposes of the formula specified in subpara "(j) As used in this section- lic Health Service Act are allocated among graph (A)(ii)(II), the term 'S' means the per "(l)(A) The term 'at risk population per the States and territories. centage of the most recent 3-year average of centage' means the sum of- (2) CONTENTB.-The report required under the total taxable resources of the State in "(i) one-third of the percentage obtained paragraph (1) shall include- volved as compared to the most recent 3-year by dividing the number of individuals in the (A) an assessment of the degree to which average of the taxable resources of all State aged 25 through 64, by the number of the formula allocates funds according to the States, as determined by the Secretary of individuals in all States aged 25 through 64; respective needs of the States and terri the Treasury. "(11) one-third of the percentage obtained tories; "(11) In the case of the District of Colum by dividing the number of individuals in the (B) a review of relevant epidemiological re bia, for purposes of the formula specified in State aged 18 through 24, by the number of search regarding the incidence of substance subparagraph (A)(ii)(II), the term 'S' means individuals in all States aged 18 through 24; abuse and mental illness among various age the percentage of the most recent 3-year av and groups and geographic regions of the coun erage of personal income in the District of "(iii) one-third of the percentage obtained try; Columbia as compared to the most recent 3- by dividing of the number of individuals in (C) the identification of factors not in year average of personal income in all the State aged 25 through 44, by the number cluded in the formula that are reliable pre States, as reported by the Secretary of Com of individuals in all States aged 25 through dictors of the incidence of substance abuse merce."; 44. and mental illness; (3) by striking subparagraphs (D) and (E) of "(B) In making the determination required (D) an assessment of the validity and rel subsection (a)(4); in clause (11) of subparagraph (A) the Sec evance of factors currently included in the (4) in subsection (b), to read as follows: retary shall count twice the number of indi formula, such as age, urban population and "(b)(l) Each State that received an allot viduals aged 18 through 24 who reside in cost; and ment of $7,000,000 or less under this subpart urban areas. If current data regarding the (E) any other information that the Sec in fiscal year 1989 shall receive a minimum number of individuals aged 18 through 24 who retary of Health and Human Services be allotment under this subpart in each fiscal reside in urban areas is not available for any lieves would contribute to a thorough assess year, which allotment shall be the greater fiscal year, then the Secretary shall esti ment of the appropriateness of the current of- mate such number by multiplying the total formula. "(A) the amount determined in accordance population of each State as determined by (3) CONSULTATION.-ln preparing the report with the formula described in subsection the Secretary of Commerce for such year by required under paragraph (1), the Secretary (a)(l); and the percentage obtained by dividing the shall consult with the Comptroller General "(B) the amount determined in accordance number of individuals in the State aged 18 of the United States. The Comptroller Gen with the following formula: through 24 who reside in urban areas within eral shall review the study after its trans E (1 + 0.25 (R)) the State, by the total number of individuals mittal to the committees described in para- June 17, 1991 CONGRESSIONAL RECORD-SENATE 15007 graph (1) and within three months make ap "<0 Substance abuse treatment facilities "(6) a description of the actions that shall propriate recommendations concerning such and mental health treatment facilities re be taken to improve the referral of substance report to such committees. ceiving assistance under this title may not abusers to treatment facilities that offer the SEC. 203. USE OF UNOBLIGATED FUNDS BY discriminate against mentally ill substance most appropriate treatment modality; STATES. abusers in the provision of services.". "(7) a description of the program of train Section 1914(a)(2) (42 U.S.C. 300x-2(a)(2)) is SEC. 208. MAINTENANCE OF EFFORT. ing that shall be implemented for employees amended by adding at the end thereof the (a) IN GENERAL.-Paragraph (11) of section of treatment facilities receiving Federal followin~ new sentence: "Unobligated funds 1916(c) (42 U.S.C. 300x-4(c)(11)) is amended to funds, designed to permit such employees to shall re1nain available to the State if the read as follows: stay abreast of the latest and most effective Secretary finds that said funds were obli "(ll)(A) The State agrees to maintain treatment techniques; gated but subsequently rendered unobligated State expenditures for alcohol and drug "(8) a description of the plan that shall be due to the State's diligence in carrying out abuse services at a level that is not less than implemented- the purposes of this subpart.". the level maintained by the State for such "(A) to coordinate substance abuse treat SEC. 204. REVISION OF INTRAVENOUS DRUG SET· services during the 2-year period preceding ment facilities with other social, health, cor ASIDE. the fiscal year for which the State is apply rectional and vocational services; and Section 1916(c)(7)(B)(11) of the Public ing to receive payments under section 1914. "(B) to assure that individuals receiving Health Service Act (42 U.S.C. 300x- "(B) The State agrees to maintain State substance abuse treatment also receive pri 4(c)(7)(B)(11)) is amended in the first sentence expenditures for community mental health mary health care, directly or through ar by striking "may" and inserting in lieu services at a level that is not less than the rangement with other entities; thereof "shall". level maintained by the State for such serv "(9) with respect to female substance abus SEC. li06. USE OF ALLOTMENTS. ices during the 2-year period preceding the ers- (a) SERIOUSLY MENTALLY ILL INDIVID fiscal year for which the State is applying to "(A) an unduplicated count of the number UALS.-Section 1915(a)(2) (42 U.S.C. 300x- receive payments under section 1914.". of women served with funds set aside pursu 3(a)(2)) is amended by striking out "chron (b) DUTIES OF COUNCIL.-Section 1916(e)(2) ant to section 1916(c)(14), the demographic ically" each place that such occurs and in (42 U.S.C. 300x-4(e)(2)) is amended- characteristics of the women, the specific serting in lieu thereof "seriously". (!) in subparagraph (A), by striking out services offered to women, the average ex (b) SERVICES FOR CERTAIN INDIVIDUALS. penditure per woman for services funded Section 1915(a)(2)(D) (42 U.S.C. 300x- "and" at the end thereof; (2) in subparagraph (B), by striking out the under the set-aside, and the numerical objec 3(a)(2)(D)) is amended by inserting "(which period and inserting in lieu thereof"; and"; tives for new substance abuse treatment may include mentally ill individuals in State and services for women; and and local correctional facilities)" after "pop (3) by adding at the end thereof the follow "(B) the strategy for providing, or linking ulations". ing new subparagraph: with existing service provision entities, pre (c) RENOVATION.-Section 1915(b)(3) (42 natal and postpartum health care for women U.S.C. 300x-3(b)(3)) is amended- "(C) to review and comment concerning the State plan required under section 1925, undergoing such treatment, pediatric care (!) by striking "(other than minor remod for the infants of such women, child care, eling)"; and and at the request of the council, the State transportation and other support services (2) by inserting ", except that the Sec shall submit such comments to the Sec that fac111tate treatment, case management retary may authorize the use of funds for retary together with such State plan.". services, including assistance in establishing renovation that makes land or a building or (c) WAIVER.-Section 1916 (42 U.S.C. 300x-4) eligibility for public economic support, and other fac111ty suitable for use under this is amended by adding at the end the follow employment counst:ling and other appro part, including renovation to remove hazard ing new subsection: priate follow-up services to help prevent a ous conditions or make the land, building, or "(h) Upon the request of a State, the Sec relapse of alcohol or drug abuse; facility accessible to disabled persons" after retary may waive a requirement established "(10) a description of the plan that shall be "equipment". in subparagraph (A) or (B) of subsection implemented to expand drug treatment op (d) SUBSTANCE ABUSERS IN JUSTICE SYS (c)(11) if the Secretary determines that ex portunities for individuals under criminal TEMS.-Section 1915(c)(l) (42 U.S.C. 300x- traordinary economic conditions in the justice supervision; 3(c)(l)) is amended- State justify the waiver.". "(11) a description of the plan that shall be (!) in subparagraph (B), by striking "and" SEC. 207. REQUIREMENT OF STATEWIDE SUB implemented to expand drug treatment op after the semicolon at the end; STANCE ABUSE PREVENTION AND portunities for homeless individuals; (2) in subparagraph (C), by striking the pe TREATMENT PLANS. "(12) a description of the plan that shall be riod at the end and inserting "; and"; and Subpart 1 of part B of title XIX (42 U.S.C. implemented to expand and improve special (3) by adding at the end the following new 300x et seq.) is amended by inserting after ized services for individuals with substance subparagraph: section 1916A the following new section: abuse and coexisting mental disorders and to "(D) to develop, implement, and operate '"SEC. 1918B. STATEWIDE SUBSTANCE ABUSE PRE· describe the actions to be taken to improve programs of treatment for adult and juvenile VENTI ON AND TREATMENT PLAN. the organization and financing of services for substance abusers in State and local crimi "(a) NATURE OF PLAN.-To receive an allot individuals with coexisting substance abuse nal and juvenile justice systems, including ment, in whole or in part, under section and mental disorders; treatment programs for individuals in pris 1912A for fiscal year 1992 or a subsequent fis "(13) a description of the plan that shall be ons and jails and individuals on probation, cal year, a State shall develop, implement, implemented to assist businesses, labor parole, supervised release, and pretrial re and submit as part of the application re unions, and schools to establish employee as lease.". quired by section 1916(a), a statewide Sub sistance programs and student assistance (e) PROHIBITION AGAINST CERTAIN PRo stance Abuse Prevention and Treatment programs; GRAMS.-Section 1915(c)(2)(A) (42 U.S.C. 300x- Plan that shall contain- "(14) a description of the steps taken to as 3(c)(2)(A)) is amended to read as follows: "(!) the designation of a single State agen sure that each recipient of financial assist "(A) to carry out any program prohibited cy that shall formulate and implement the ance pursuant to the provisions of this sub by section 256(b) of the Health Omnibus Pro Statewide Substance Abuse Treatment Plan; part shall not engage in discrimination on grams Extension of 1988 (42 U.S.C. 300ee-5); "(2) a description of the mechanism that the basis of race, religion, color, national or or". shall be used to assess the needs for sub igin, gender, reproductive status, or handi (0 ADMINISTRATIVE ExPENSES.-Section stance abuse prevention and treatment in lo cap in the course of the activities assisted in 1915(d) (42 U.S.C. 300x-3(d)) is amended to calities throughout the State, including the whole or in part pursuant to the provisions read as follows: presentation of relevant data; of this subpart; "(d) Of the amount paid to any State under "(3) a description of a statewide plan that "(15) a description of the actions of the section 1914 for a fiscal year, not more than shall be implemented to expand treatment State to encourage treatment facilities to 5 percent may be used for the administrative capacity and overcome obstacles that re provide aftercare, either directly or through expenses of carrying out this subpart. In de strict the expansion of treatment capacity arrangements with other individuals or enti termining the percentage of the amount used (such as zoning ordinances), or an expla ties, for patients who have ended a course of for the administrative expenses, the Sec nation of why such a plan is unnecessary; treatment provided by the facility, that retary shall not include reasonable expenses, "(4) a description of needs- and perform shall include periodic contacts with the pa as determined by the Secretary, incurred for ance-based criteria that shall be used to as tient to monitor the progress of the patient the training of individuals as required under sist in the allocation of funds to substance and provide services or additional treatment this subpart, including training required abuse treatment facilities receiving assist as needed; and under plans submitted under section 1916B.". ance under this subpart; "(16) a description of interim assistance (g) NONDIBCRIMINATION.-Section 1915 (42 "(5) a description of the mechanisms that that is available for individuals who apply U.S.C. 300x-3) is amended by adding at the shall be used to make funding allocations for treatment, and who must wait for the end thereof the following new subsection: under this subpart; availability of treatment opportunities. 15008 CONGRESSIONAL RECORD-SENATE June 17, 1991 "(b) SUBMISSION OF PLAN.-The plan re tion with the Director of the National Insti Services Administration, acting jointly with quired by subsection (a) shall be submitted tute on Drug Abuse, shall prepare a report on the Director of the National Institute for to the Secretary annually for review and ap the process by which anti-addiction medica Mental Health, shall prepare and submit to proval. The Secretary shall have the author tions receive marketing approval from the the appropriate committees of Congress are ity to approve or disapprove, in whole or in Food and Drug Administration. Such report port concerning the most effective methods part, such State plans and the implementa shall assess the feasibility of expediting the for providing mental health services to indi tion thereof, and to propose changes to such marketing approval process in a manner con viduals residing in correctional facilities, plans. sistent with public safety. and the obstacles to providing such services. "(C) REGULATIONS.- (b) SUBMISSION.-The report described in "(!) IN GENERAL.-Not later than 180 days subsection (a) shall be submitted to the ap By Mr. COATS: after the date of the enactment of this Act, propriate committees of the Congress not S.J. Res. 163. Joint resolution des the Secretary, in consultation with the later than 1 year after the date of enactment ignating the month of September 1991 States, shall issue regulations to carry out of this Act. this section. Such regulations shall include, as "National Gymnastics Month"; to SEC. 803. SENSE OF CONGRESS. the Committee on the Judiciary. at a minimum, criteria for each area to be It is the sense of Congress that the Medica covered by the State plan prepared under tions Development Division of the National NATIONAL GYMNASTICS MONTH subsection (a). Institute on Drug Abuse shall devote special • Mr. COATS. Mr. President, I rise "(2) APPLICABILITY.-For fiscal year 1993 attention and adequate resources to achieve today to introduce legislation designed and subsequent fiscal years, no payment the following urgent goals- to commemorate a special group of shall be made to a State from the allotment (1) the development of a methadone alter of the State under section 1912A unless such athletes. This September, 500 of the native; world's finest amateur athletes will State has submitted, and the Secretary has (2) the development of a long-acting nar approved, a plan in accordance with the reg cotic antagonist; gather in Indianapolis for the 1991 ulations issued under paragraph (1), as deter (3) the development of a cocaine-blocking world gymnastics championships. mined by the Secretary, except that with re treatment; This event is held every 2 years, after spect to the performance criteria for treat (4) the development of a cocaine-blocker/ and prior to the summer Olympic ment facilities described in subsection (a)(4), narcotic antagonist treatment; games. For the first time since 1979, the regulations shall apply only for such fis (5) the development of medications to treat cal years as the Secretary determines to be the United States is fortunate enough appropriate. addiction to drugs that are becoming in to be the host of this prestigious event. "(3) MONITORING.-The Secretary shall creasingly prevalent, such as methamphet I am especially proud that the capital monitor the compliance of the State with amine; of my home State of Indiana, the city the plan submitted under this section and (6) the development of medications to treat of Indianapolis, will be the site of the provide technical assistance to assist in safely pregnant addicts and their fetuses; and championships from September 6 to achieving such compliance. September 15. "(4) OTHER REGULATIONS.-Notwithstanding (7) the development of medications to treat any other provision of law, any other rule or the offspring of addicted mothers. As a way to pay tribute to all of the regulation that is inconsistent with this sec SEC. 804. REPORT BY THE INSTITUTE ON MEDI· foreign athletes that we welcome to tion (including the provisions of section 50( e) CINE. our country, as well as our own fine, of part 96 of title 45 of the Code of Federal (a) PHARMACOTHERAPY REVIEW PANEL.-Not dedicated gymnasts from across the Regulations) shall not be enforced to the ex later than 120 days after the date of enact land, I introduce legislation to des tent of such inconsistency. ment of this Act, the Directors of the Na ignate the month of September 1991 as "(d) SUBMISSION OF PROGRESS REPORTS. tional Institute on Alcohol Abuse and Alco Each State shall submit reports in such holism, the National Institute on Drug "National Gymnastics Month." It is form, and containing such information as Abuse and the National Institute of Mental my hope that the exciting events and the Secretary may, from time to time, re Health shall establish a panel of independent wholesome competition that will occur quire, and shall comply with such additional experts in the field of pharmacotherapeutic this September in Indianapolis will not requirements as the Secretary may from treatment of drug addiction to assess the na only thrill the hearts of our Nation, time to time find necessary to verify the ac tional strategy for developing such treat and the world, but will also inspire all curacy of such reports. ments and to make appropriate rec of us, especially our youth, to achieve "(e) WAIVER OF PLAN REQUIREMENT.-At ommendations for the improvement of such the discretion of the Secretary, the Sec strategy. great things.• retary may waive any or all of the require (b) REPORT.-Not later than January 1, ments of this section on the written request 1993, the Institute of Medicine of the Na of a State, except that such waiver shall not tional Academy of Science shall prepare and ADDITIONAL COSPONSORS be granted unless the State implements an submit, to the appropriate Committees of S.239 alternate treatment plan that fulfills the ob Congress, a report that sets forth- At the request of Mr. SARBANES, the jectives of this section.". (1) the recommendations of the panel es SEC. 108. TECHNICAL AMENDMENT. tablished under subsection (a); name of the Senator from California Section 1924(a) (42 U.S.C. 300x-10(a)) is (2) the state of the scientific knowledge [Mr. CRANSTON] was added as a cospon amended by inserting ", acting through the with respect to pharmacotherapeutic treat sor of S. 239, a bill to authorize the Administrator of the Alcohol, Drug Abuse ment of drug addiction; Alpha Phi Alpha fraternity to establish and Mental Health Services Administra (3) the assessment of the Institute of Medi a memorial to Martin Luther King, Jr., tion," after "The Secretary". cine of the progress of the Nation toward the in the District of Columbia. TITLE ill-STUDIES development of safe, efficacious pharma S.284 cological treatments for drug addiction; and SEC. 801. STUDY ON PRIVATE SECTOR DEVELOP- At the request of Mr. LIEBERMAN, the MENT OF PHARMACOTIIERA· (4) any other information determined ap PEt.mCS. propriate by the Institute of Medicine. name of the Senator from Indiana [Mr. (a) IN GENERAL.-The Director of the Na (c) AVAILABILITY.-The report prepared LUGAR] was added as a cosponsor of S. tional Institute on Drug Abuse shall prepare under subsection (b) shall be made available 284, a bill to amend the Internal Reve a report on the role of the private sector in for use by the general public. nue Code of 1986 with respect to the tax the development of anti-addiction medica SEC. 801. DEFINITION OF SERIOUS MENTAL JLL. treatment of payments under life in tions. Such report shall contain legislative NESS. surance contracts for terminally ill in proposals designed to encourage private sec Not later than 1 year after the date of en dividuals. tor development of anti-addiction medica actment of this Act, the Secretary of Health tions. and Human Services shall develop and sub S.323 (b) SUBMISSION.-The report described in mit to the appropriate committees of Con At the request of Mr. CHAFEE, the subsection (a) shall be submitted to the ap gress a uniform definition of "serious mental name of the Senator from Maryland propriate committees of the Congress not illness". [Mr. SARBANES] was added as a cospon later than 1 year after the date of enactment SEC. 306. PROVISION OF MENTAL HEALTH SERV· sor of S. 323, a bill to require the Sec of this Act. ICES TO INDMDUALS 1N CORREC retary of Health and Human Services SEC. 802. STUDY ON MEDICATIONS REVIEW PROC· TIONAL FACILITIES. ESSREFORM. Not later than 1 year after the date of en to ensure that pregnant women receiv (a) IN GENERAL.-The Commissioner of the actment of this Act, the Administrator of ing assistance under title X of the Pub Food and Drug Administration, in consulta- the Alcohol, Drug Abuse and Mental Health lic Health Service Act are provided June 17, 1991 CONGRESSIONAL RECORD-SENATE 15009 with information and counseling re- who served on active duty during the resolution designating September 12, garding their pregnancies, and for Persian Gulf war, and for other pur- 1991, as "National D.A.R.E. Day." Other purposes. poses. SENATE JOINT RESOLUTION 145 s. 448 s. 914 At the request of Mr. LAUTENBERG, At the request of Mr. SYMMS, the At the request of Mr. GLENN, the his name was added as a cosponsor of name of the Senator from Montana name of the Senator from Illinois [Mr. Senate Joint Resolution 145, a joint [Mr. BURNS] was added as a cosponsor SIMON] was added as a cosponsor of S. resolution designating the week begin of S. 448, a bill to amend the Internal 914, a bill to amend title 5, United ning· November 10, 1991, as "National Revenue Code of 1986 to allow tax-ex- States Code, to restore to Federal ci- Women Veterans Recognition Week." empt organizations to establish cash vilian employees their right to partici- At the request of Mr. CRANSTON, the and deferred pension arrangements for pate voluntarily, as private citizens, in name of the Senator from Texas [Mr. their employees. the political processes of the Nation, to BENTSEN] was added as a cosponsor of s. 512 protect such employees from improper Senate Joint Resolution 145, supra. At the request of Mr. ADAMS, the political solicitations, and for other names of the Senator from Minnesota purposes. [Mr. DURENBERGER], and the Senator s. 964 SENATE CONCURRENT RESOLU from Nevada [Mr. REID] were added as At the request of Mr. McCAIN, the TION 47-URGING ASSISTANCE TO cosponsors of S. 512, a bill to authorize name of the Senator from Florida [Mr. SUPPORT LEGISLATIVE DEVEL an additional $25,000,000 for the Na MAcK] was added as a cosponsor of S. OPMENT IN CENTRAL AMERICA tional Cancer Institute to conduct cer 964, a bill to establish a Social Security Mr. MACK submitted the following tain research on breast cancer, and for Notch Fairness Investigatory Commis- concurrent resolution; which was re other purposes. sion. ferred to the Committee on Foreign s. 756 s. 1093 Relations: At the request of Mr. DECONCINI, the At the request of Mr. BIDEN, the S. CON. RES. 47 name of the Senator from Illinois [Mr. name of the Senator from Illinois [Mr. Whereas Costa Rica, El Salvador, Guate SIMON] was added as a cosponsor of S. DIXON] was added as a cosponsor of S. mala, Honduras, Nicaragua, and Panama all 756, a bill to amend title 17, United 1093, a bill to establish a commission to have freely elected governments and freely States Code, the copyright renewal study the feasibility, effect, and impli elected legislatures for the first time in the history of Central America; provisions, and for other purposes. cations for United States foreign pol Whereas the democratic governments of s. 781 icy, of instituting a radio broadcasting Central America and Panama face numerous At the request of Mr. SARBANES, the service to the People's Republic of obstacles in undertaking their historic proc name of the Senator from Ohio [Mr. China to promote the dissemination of ess of democratic development and consoli METZENBAUM] was added as a cosponsor information and ideas to that nation, dation; of S. 781, a bill to authorize the Indian with particular emphasis on develop Whereas independent and effective legisla ments in China itself. tures are an essential and integral element American Forum for Political Edu in democratic development; cation to establish a memorial to Ma s. 1292 Whereas the 57 member National Legisla hatma GanC.hi in the District of Colum At the request of Mr. GLENN, the tive Assembly of Costa Rica was elected on bia. name of the Senator from Michigan February 4, 1990; s. 790 [Mr. LEVIN] was added as a cosponsor of Whereas the 84 member National Assembly At the request of Mr. DECONCINI, the S. 1292, a bill to amend chapter 35 of of El Salvador was elected on March 10, 1991; name of the Senator from Illinois [Mr. title 5, United States Code, to provide Whereas the 116 member National Congress notification for Federal employees sub of Guatemala was elected on November 11, SIMON] was added as a cosponsor of S. 1990; 790, a bill to amend the antitrust laws ject to a reduction in force, and for Whereas the 128 member National Congress in order to preserve and promote other purposes. of Honduras was elected on November 26, wholesale and retail competition in the SENATE JOINT RESOLUTION 74 1989; retail gasoline market. At the request of Mr. LIEBERMAN, the Whereas the 92 member National Assembly s. 843 names of the Senator from Nevada [Mr. of Nicaragua was elected on February 25, BRYAN] and the Senator from Ken 1990; At the request of Mr. BREAUX, the Whereas the 67 member Legislative Assem name of the Senator from Montana tucky [Mr. FORD] were added as co bly of Panama was elected on May 7, 1989, [Mr. BURNS] was added as a cosponsor sponsors of Senate Joint Resolution 74, with supplementary elections held on Janu of S. 843, a bill to amend title 46, Unit a joint resolution designating the week ary 'l!l, 1991; ed States Code, to repeal the require beginning July 21, 1991, as "Lyme Dis Whereas the 80 delegates to the Central ment that the Secretary of Transpor ease Awareness Week." American Parliament, proposed in the tation collect a fee or charge for rec SENATE JOINT RESOLUTION 95 Esquipulas Declaration of Central American reational vessels. Presidents on May 25, 1986, have been elected At the request of Mr. PELL, the name from El Salvador, Guatemala, Honduras, and s. 845 of the Senator from Tennessee [Mr. Nicaragua; At the request of Mr. LAUTENBERG, GoRE] was added as a cosponsor of Sen Whereas the Central American legislatures the name of the Senator from Florida ate Joint Resolution 95, a joint resolu face economic, political, social, and institu [Mr. MACK] was added as a cosponsor of tion designating October 1991 as "Na tional challenges in fulfilling their constitu S. 845, a bill to direct the Secretary of tional Breast Cancer Awareness tional responsib111ties; Week." Whereas the lack of equipment and re State to seek an agreement from the sources poses an additional challenge for Arab countries to end certain passport SENATE JOINT RESOLUTION 113 Central American legislatures in fulfilling and visa policies and for other pur At the request of Mr. LAUTENBERG, their constitutional responsib111ties; and poses. the name of the Senator from Wyoming Whereas support for democratic develop S.868 [Mr. SIMPSON] was added as a cosponsor ment in Central America and Panama has At the request of Mr. CRANSTON, the of Senate Joint Resolution 113, a joint been the central goal of United States for name of the Senator from Arizona [Mr. resolution designating the oak as the eign policy toward the region: Now, there "National Arboreal Emblem." fore, be it DECONCINI] was added as a cosponsor of Resolved by the Senate (the House of Rep S. 868, a bill to amend title 10, United SENATE JOINT RESOLUTION 121 resentatives concurring), States Code, and title 38, United States At the request of Mr. DIXON, the SECTION 1. SHORT TITLE. Code, to improve educational assist name of the Senator from Texas [Mr. This resolution may be cited as the "Inter ance benefits for members of the Se BENTSEN] was added as a cosponsor of American Partners in Democracy Resolu lected Reserve of the Armed Forces Senate Joint Resolution 121, a joint tion". 15010 CONGRESSIONAL RECORD-SENATE June 17, 1991 SEC. 2. STRENGTHENING DEMOCRATIC LEGISLA· Whereas officials from Kuwait and the ture of Kuwait, the region, and the TURES IN CENTRAL AMERICA AND United States believe that effectively com American · business community at PANAMA. peting for direct prime contracts with. Ku It is the sense of the Congress that-- wait would require small, disadvantaged, mi home. (1) the United States should seek to nority-owned, and women-owned businesses The resolution I am introducing strengthen the democratic legislatures in to form consortia; today expresses the wish of Congress Central America and Panama by using for Whereas forming such consortia may be that competitive, highly qualified and eign assistance funds to provide equipment difficult for these businesses to coordinate skilled, and committed small U.S. and training for those legislatures; and and establish and may be an impediment to (2) efforts to support legislatures in firms be accorded, to the maximum ex their full participation in Kuwait's recon tent practicable, the opportunity to vie Central America and Panama should be co struction; ordinated with and otherwise involve appro Whereas subcontracting opportunites with for subcontracts. The Kuwaiti Govern priately qualified private and public sector large American businesses and enterprises ment declared on March 25 its support experts. with contracts for the reconstruction of Ku for the participation of American small Mr. MACK. Mr. President, the na wait would greatly enhance small, disadvan firms, including disadvantaged and mi tions of Central America, once a sub taged, monority-owned and women-owned nority businesses to participate in the ject of contentious debate in this body, business participation in the reconstruction rebuilding of Kuwait. This resolution are settling into the hard work of cre effort: Now, therefore, be it supplements Senator GLENN's resolu Resolved by the Senate (The House of Rep ating democracies. A region that not resentatives concurring), That is the sense of tion (S. Con. Res. 35) to provide support long ago was dominated by dictator the Congress that the Government of Ku for American firms to fully participate ships now witnesses regular and free wait, Kuwaiti firms, the United States Gov in contracts for the rebuilding of Ku elections. ernment, and American businesses and en wait. Together, these two resolutions, We have a natural tendency to focus terprises should- if adopted, would express Congress' on whatever trouble spots are in the (1) encourage, to the maximum extent strong support for the American busi headlines. When the spotlight moves, practicable, the participation of United ness community to participate in re so does our attention. Yet it is often States small, disadvantaged, minority owned, and women-owned businesses in con building Kuwait. The great majority of the case that more progress can be tracts and subcontracts for the rebuilding of contracts and subcontracts should be made-or opportunities lost-while the Kuwait; and awarded to American firms, to reflect world's attention is averted. Now is the (2) give preference to American small, dis not only America's economic and mili time when democracy will either take advantaged, minority-owned, and women tary support in the liberation of Ku root or wither. owned businesses in the awarding of sub wait, but primarily because American Mr. President, I am pleased to intro contracts for the rebuilding of Kuwait. businesses provide the right mix of ex duce in the Senate a concurrent resolu • Mr. AKAKA. Mr. President, on behalf cellent service and high quality prod tion urging the provision of assistance of Senators GLENN, INOUYE, and myself, ucts to get the job done.• to the democratic parliaments in I am submitting a concurrent resolu Central America and Panama. These tion which recognizes that American new elected legislatures need assist small firms are not at a disadvantage AMENDMENTS SUBMITTED ance to create the machinery of democ in competing for contracts to recon racy. They need to be able to commu struct Kuwait and calls on large Amer nicate with their constituencies and to ican enterprises and the Governments SURFACE TRANSPORTATION oversee their governments. of the United States amd Kuwait to en EFFICIENCY ACT I believe a small investment now can courage the participation of and to pay great dividends in the creation of a give preference to American small LOTT AMENDMENT NO. 352 stable and prosperous region, and that businesses, including disadvantaged, freedom and growth in Central Amer minority-owned, and women-owned (Ordered to lie on the table.) ica is in the interest of the United businesses, in the competition for sub Mr. LOTT submitted an amendment States. contracts for the rebuilding of Kuwait. intended to be proposed by him to the The resolution I introduce today was During a conference sponsored by bill (S. 1204) to amend title 23, United introduced in the House by Congress Senator ROBERT DOLE and the Small States Code, and for other purposes, as man PORTER Goss and has broad bipar Business Administration in May, busi follows: tisan support. I invite my colleagues to ness experts, as well as American and On page 28, strike out lines 2 through 25. cosponsor this resolution. On page 29, line 1, strike out "(c)" and in Kuwaiti officials, expressed their con sert in lieu thereof "(a)". cerns that small American firms indi On page 29, line 8, strike out "(d)" and in SENATE CONCURRENT RESOLU vidually could not effectively compete sert in lieu thereof "(b)". for contracts against larger and better On page 29, line 11 strike out "(e)" and in TION 48-RELATIVE TO THE sert in lieu thereof "(c)". AWARD OF CONTRACTS AND capitalized businesses with established experience in foreign markets. They es On page 29, line 21, strike out "(0" and in SUBCONTRACTS FOR THE RECON sert in lieu thereof "(d)". STRUCTION OF KUWAIT timated that it would cost a small firm Beginning on page 30, strike out line 20 and about $240,000 to maintain a represent all that follows through line 4 on page 35. Mr. AKAKA submitted the following ative in Kuwait, and the additional concurrent resolution; which was re costs of dispatching company officers ferred to the Committee on Foreign to visit Kuwait would be prohibitively ADDITIONAL STATEMENTS Relations: expensive for many small firms to bear. S. CON. RES. 48 However, American small firms are Whereas the Government of Kuwait offi able to make significant contributions TURKEY LOVERS' MONTH IN cially announced on March 25, 1991, that it CALIFORNIA will ens\lre that small, disadvantaged, and in the rebuilding of Kuwait and there minority businesses from the United States gion. They can bring their unique and • Mr. SEYMOUR. Mr. President, I will be able to actively participate in there innovative talents and skills to this ef would like to join California's Gov. building of Kuwait; fort. It is small businesses which have Pete Wilson in recognition of the im Whereas large businesses and enterprises developed much of the technological portance of the turkey industry to our will most likely obtain contracts for the re advances in the past decade, and have State by proclaiming June 1991 as construction of Kuwait because small, dis advanced America's entrepreneurial "Turkey Lovers' Month" in California. advantaged, minority-owned, and women I would also like to join the Governor owned businesses face inherent difficulties in spirit. Small American firms have con competing in foreign markets against larger, tributed by creating 75 percent of the and congratulate the turkey industry better capitalized businesses with experience new jobs in the last decade. The cumu for the contributions they make to in such markets, and in obtaining contracts lative effort of these small firms can consumers and to the commerce in our from foreign governments; make an important impact on the fu- State. June 17, 1991 CONGRESSIONAL RECORD— SENATE 15011 California, long known as a national I congratulate the apparent winner of I want to repeat also what I said ear- trend setter for healthy eating, is the that contest, Boris Yeltsin, as well as lier, that Senators cannot anticipate State where more turkey is consumed all the Russian people for their mar- adherence to the previously described per person than in any other State in velous demonstration of civic comity schedule for this legislative period. I the Union. In 1990, California's turkey and spirit. I also congratulate Presi- hoped that we could proceed through per capita consumption totaled about dent Mikhail Gorbachev for yet again this 4-week period without having roll- 24 pounds. The Nation's 1989 average another contribution to making his call votes after 7 p.m. on Tuesdays and per capita consumption was approxi- promises of glasnost and perestroika a Wednesdays, but it is clear that will mately 18.2 pounds. reality for the Soviet people.· not now be possible. There will be votes The turkey industry is one of the if necessary at any time during the State's most important agricultural evenings Tuesdays, Wednesday, commodities. Not only did the State ORDERS FOR TOMORROW throughout the day on Friday, and produce over 32 million turkeys in 1990, Monday is possible. So, Senators Mr. MITCHELL. Mr. President, I ask but it also generated an estimated $274 should be aware of that as we attempt unanimous consent that when the Sen- million in wholesale value. to complete action on the pending bill ate completes its business today, it The California turkey industry for and then move to the comprehensive stand in recess until 9 a.m. on Tuesday, over 50 years has been recognized for anticrime legislation. June 18; following the prayer, the Jour- its preeminence in breeding, hatching, The longer we take on this bill the nal of proceedings be deemed approved rearing, processing, and marketing of later it will be that we take up the to date and that the time for the two turkeys and turkey products through- crime bill. So, those Senators who have leaders be reserved for their use later out the United States and the world. an interest in the crime bill and in pro- in the day; that there then be a period California turkey and turkey products ceeding to it, should have an interest for morning business, not to extend be- are noted for their superior quality, in proceeding to disposition of the yond 10 a.m., with Senators permitted good nutrition, ease of preparation, pending bill. and year-round availability. to speak therein, and with that time The California turkey industry sig- under the control of the majority lead- or his designee; that on Tuesday, nificantly contributes to the State's er RECESS UNTIL TOMORROW AT 9 economy by expanding job opportuni- June 18, the Senate stand in recess A.M. ties and employing thousands of work- from 12:30 p.m. until 2:15 p.m., in order ers. These hard-working men and to accommodate the respective party Mr. MITCHELL. Mr. President, if women help ensure the industry's vital conferences. there is no further business to come be- role in the economy of the great State. The PRESIDING OFFICER. Without fore the Senate today, I ask unanimous During the past decade the turkey in- objection, it is so ordered. consent that the Senate stand in re- dustry has developed numerous innova- cess, under the previous order, until 9 tive products to satisfy America's need a.m., on Tuesday, June 18, 1991. for nutritious, convenient, and low-fat ORDER OF PROCEDURE There being no objection, the Senate, foods. I would like to join the National at 6:46 p.m., recessed until Tuesday, Turkey Federation and the California Mr. MITCHELL. Mr. President, I June 18, 1991, at 9 a.m. Poultry Federation in celebrating the want again to express my disappoint- success of the industry's growth during ment at our inability to proceed on the June, Turkey Lovers' Month, in Cali- surface transportation bill and to bring NOMINATIONS the pending amendment to a vote and fornia.· Executive nominations received by the bill to final disposition. I regret if any Senators were inconvenienced the Senate June 17, 1991: THREE CHEERS FOR YELTSIN, today as a result of our inability to THE JUDICIARY GORBACHEV, AND THE RUSSIAN move forward on the bill. As I stated DONALD L. GRAHAM, OF FLORIDA. TO BE U.S. DISTRICT JUDGE FOR THE SOUTHERN DISTRICT OF FLORIDA VICE PEOPLE earlier, and as all Senators know, any SIDNEY M. ARONOVITZ, RETIRED. · Mr. CRANSTON. Mr. President, the one Senator or a group of Senators IN THE AIR FORCE may prevent the vote from occurring historic opportunity represented yes- THE FOLLOWING-NAMED OFFICER UNDER THE PROVI- terday by the millions of Russian citi- under the Senate rules. SIONS OF TITLE 10, UNITED STATES CODE, SECTION 9335, FOR APPOINTMENT AS DEAN OF FACULTY. U.S. AIR zens who turned out in free and fair I want to say that I am going to con- FORCE ACADEMY, AND FOR APPOINTMENT TO THE elections to choose their own Repub- tinue my efforts to bring this bill to a GRADE OF BRIGADIER GENERAL WHILE SERVING IN lic's leadership marks yet another conclusion as soon as possible, renew- THAT POSITION: giant step in the Soviet Union's quest ing that effort when the Senate returns To be dean of faculty, U.S. Air Force Academy for democratic institutions and prac- to the bill at 10 o'clock tomorrow To be brigadier general tices and respect for the rule of law. morning. COL. RUBEN A. CUBERO, xxx-xx-x..., U.S. AIR FORCE.